1976 March Council Proceedings
84
Special Session, February 23, 1976
There being no further business,
Councilman Staclds moved to ad-
journ. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men BradY, Stackis, Tully, Wertz-
berger.
Nays-None.
Leo F. Frommelt
City Clerk
Approved ..................................;.1976
Adopted ......................................1976
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""""""""'Cöüiiëiï;;;ëiï"""""""""'"
Attest: ..................................................
City CIerI¡
Regular Session. March 1, 1976
85
CITY COUNCIL
OFFICIAL
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 fiJed. Second.
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Lundh, 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.
nation 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.
Regular Session, March I, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present-Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is the REGULAR MONTHLY
MEETING OF THE COUNCIL
called for the purpose of acting
upon such bnsiness as may prop.
erly come before the Meeting.
Mayor Lundh read and signed
proclamations declaring the week
of May 2 to May B, 1976 as "Sen-
ior Citizens Recognition Week"
and the week of March B thru 14,
1976 as "Karate Club Appreciation
Week."
86
Regular Session, March 1, 1976
Communication of Dubuque Ad.
visory Commission submitting min-
utes of their meeting of February
24, 1976, presented and read. Coun.
cilman Tully moved that the min.
utes be received and filed. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Community
Development Commission submit-
ting minutes of their meeting of
February 24, 1976, presented and
read. Councilman Tully moved that
the minutes be received and filed.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Proof of publication, of Notice of
Public Hearings for the purpose
of obtaining the views of residents
of the City on Community Develop-
ment and Housing Needs, at Coun-
cil meetings of March I and March
B, 1976, presented and read. Coun-
cilman Brady moved that the proof
of publication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Paul Rosister and Harry Weber
spoke to Council relative to light.
ing of Main Street from 4th to
2nd; Eager to see it go into the
program. Robert Buelow and Mrs.
Dan Miller, representing the Colt
.45 Drum & Bugle Corps, request-
ed share of Community Develop-
ment Funds; They are not beiug
considered a neighborhood organ.
ization; Community Development
could help them over the hump;
Reconsider their appplication;
Need assistance to purchase equip-
ment, instructor, place to practice,
uniforms, etc. Chairman Walter
Pregler was of opinion Colt .45
was ineligible according to law.
Robert McCoy and Mary Billing-
ton requested 2nd & 4th St:
Neighborhood lighting.
CommuniCation of Community
Development Commission submit.
ting a proposed budget for activi-
ties to be funded in the second
year of the Community Develop.
ment Block Grant Program, pre-
sented and read. Councilman Stack.
is moved to refer the communica-
tion to the next meeting. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of R. S. Frost of
Celotex, addressed to the Mayor,
indicating appreciation of the
Mayor's better relationship with
industry, presented and read.
Councilman Wertzberger moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Tully. Carried by the follow.
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Allan T.
Thoms submitting a "Policy State-
ment, Dubuque Area Industrial
Development Corporation, Back.
ground & Future Goals of the Du-
buque Ambassadors, and 1975.76
Program of Work of the Dubuque
Area Chamber of Commerce," pre-
sented and read. Allan T. Thoms
addressed the Council stating the
Dubuque Area Industrial Develop-
ment Corporation needs an in-City
site or an annexable site; Hoping
to provide expandibility to existing
industries. Councilman Wertzberg-
er moved that the communication
of Allan T. Thoms be received
and filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Mrs. Hugh
Cherioli, addressed to Interstate
Power Co., complainiug of exhorbi-
tant rate increase, presented and
read. Councilman Tully moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote;
-
Regular Session, March 1, 1976
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Cathy A.
Myers of Mud Lake Road, show-
ing concern as to possible spillage
of sewage into the Mississippi to
be released by the City of Minne-
apolis, presented and read. Coun.
cilman Wertzberger moved that
the communication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
February 23, 1976
Honorable Mayor
and City Council
I am returning to you the peti.
tion of Mr. C. E. Mettel requesting
permission to install street lights
on Admiral Street.
The electrical inspector has reo
viewed the request and it is recom-
mended that three 175 watt mer-
cury vapor fixtures be installed
on the developer's metal standards.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the recommendation be approved.
Seconded by Coucilman Tully. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
February 27, 1976
To The Honorable Mayor
and City Council
The attached letter from J. J.
Hail, Water Superintendent, out-
lines a schedule for the presenta-
tion of dates and required pro-
cedures for initiating the construc-
tion of the Water Treatment Plant
Expansion and the Sludge Waste
Handling Facilities.
Joe wishes to review this sched-
ule with you at the March 1, 1976
regular meeting.
Gilbert D. Chavenelle,
City Manager
Councilman Tully moved ap-
provai of the schedule as present-
ed. Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
87
COUNCIL RECESSED AT 9:55
P.M. RECONVENED IN REGULAR
SESSION AT 10:04 P.M.
February 25, 1976
Honorable Mayor
and City Council
I submit to you the Officiai State
Auditors' Report of the City rec-
ords for the eighteen month period,
January 1, 1974 through June 30,
1975.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be received
and filed. Seconded by Councilman
Tully. Carried by thet following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
February 20, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning
and Zoning Commission has review-
ed the petition of Mr. and Mrs.
James Schwers requesting reclassi-
fication of their property described
as Lots 31, 32, 33 and 34 of Block
1 of Nauman Addition in the City
of Dubuque, Iowa, from R-1 Resi-
dential District to the R.4 Residen-
tial District classification. The sub-
ject property lies on the west side
of Carter Road and abuts the
northerly lot lines of property on
Kane Court.
The Commission has determined
that the proposal does not meet
with the requirements of the State.
ment of Intent of the R-4 Residen-
tial District, Section 4-107.2 of Or-
dinance No. 32-75 which states "in
undeveloped areas it is intended
that this district will generally be
applied only to contiguous land
areas of two or more acres service-
able by collector or arterial
streets," and recommends that the
petition for reclassification be de.
nied.
CITY PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received
and filed and the recommendation
of rezoning denial be approved.
88
Regular Session, March 1, 1976
Seconded by Councilman Tully.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-Councilman Tully.
Attorney Gary Norby represent.
ing Mr. Jamea Schwers, addressed
the Council questioning the pro.
eedural requirement as to a public
hearing for rezoning and also stat-
ing property was purchased before
it was rezoned from Multiple Fam.
ily to Single Family. Mr. James
Schwers addressed the Council stat-
ing Original Zoning goes back to
year 1962; has a good sum of
money invested in the property
and suffering a financial loss.
Petitions of Hickory Hill Neigh.
borhood (32 signers), Kane Court
Neighborhood (13 signers) and Ar-
bor Oaks Neighborhood (16 sign-
ers) in support of the Planning &
Zoning Commission for denial of
reclassification of Lots 31 to 34 of
Block 1 of Nauman Addn., present-
ed and read. Douglas Brotherton
of 2823 Hickory Hill addressed the
Council relative to petition. Coun-
cilman Brady moved that the peti.
tions be received and filed. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Notice of Claim of Charles J.
Jenaman, in the amount of $647.74,
for expense incurred as the result
of a water stop box being broken
off at 1906 Pierce Street on Feb-
ruary 6, 1976, presented and read.
Councilman Stackis moved that the
Notice of Claim be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 7.76
An Ordinance amending Ordin-
ance No. 181 by repealing Section
7 thereof and repealing Section 9
thereof and enacting a new Sec.
tion 7 and a new Section 9 in lieu
thereof, respectively, defining the
powers, and duties of the Dubuque
Dock Board,
Said Ordinance having been for-
warded from the Council Meeting
of February 9, 1976 and Work Ses-
sion of February 19, 1976, present-
ed and read. Carl Burbach ad-
dressed the Council requesting' if
Ordinance is not adopted immedi-
ately, to give reconsideration. Dock
Commissioner, Wayne Moldenbau-
er had no objection to an amend.
ment.
Councilman Brady moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Lundh. Car.
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays-Councilman Staclds.
Councilman Brady moved that
the rule requiring an Ordinance
to be received and filed at two
meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays-Councilman Stackis.
ORDINANCE NO. 7.16
AN ORDINANCE AMENDING
ORDINANCE NO. 181 BY RE.
PEALING SECTION 7 THEREOP
AND REPEALING SECTION 9
THEREOF AND ENACTING A
NEW SECTION 7 AND A NEW
SECTION 9 IN LIEU THEREOF,
RESPECTIVELY, DEFINING THE
POWERS, AND DUTIES OF THE
DUBUQUE DOCK BOARD.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
SECTION 1. Th" O,dinance No. 181
b, ,m,nd,d by "p"ling Secdon 7 tho<e-
of ,nd en,cdng , new Secdon 7 in lieu
thmof " follow",
"SECTION 7. Th" the Bwd ,h,ll
m,in,,!n en office in the City of Du-
buque, low, end k"p e "co,d of ,11 of
i" pmcoeding' end ,m which "co,d,
,h,lI " ell dm" be open '° public m-
,pe"ion,"
SECTION 2. Th" O,din,nc' No. 181
be ,mend,d by "p"ling S,cdon 9 roe,,-
of ,nd en,cdng , n'w S,cdon 9 in li,u
,h",of " follow",
"SECTION 9. Th, Bo"d ,h,lI hove
pow" ,nd it ,h,ll b, i" duty fo, ,nd on
beh,if of the City of Dubuqn', Iowe fo,
which it i. Mg,nized,
1. GENERAL PLAN. To p"p'" 0'
c,m, to b, p"p",d , comp"hen,i" gen-
",I pion fo' ,h, imp'ov'm'~' of i" h,,-
bo' ,nd w",'¡m"" m,king pmvi,ion fo'
Regular Session, March 1, 1976 89
,h, noed, of comm"" 'nd ,hipping, end to th, City including belt "ilw,y 1oc".
fo' ,h, u" of "vo< f,o", pmpmy °' ,d in whoI, M in pm th",in, ,11 the
Mh" pmpe"'y wh"h" ,bmting ro, "YO< wh,m" pim, qu,y w,ll., bnlkh"d"
¡'ont M not, 'nd wh"h" lo""d wi,hin ,nd "'nctu", thmon 'nd th, w"'"
°' wi,hont °' pmi,lIy within 'nd p". ,dj,c,nt th",to, ,nd ,11 th, .lip., b,-
tielly without ro, co'po"" Iim'" of ,h, .in" dock., w"" fmn", ,h, "'ucm".
City by oth", fo, indu"",1 ,nd m,nu. thmon, 'nd ro, eppn"'nonc", ""m,n",
¡'ct"dng pU'po'" to th, m'nt doem,d n"" œvmion., 'nd "gh" belonging
edviubI, in "I"ion to th, op""ion of thmto, wihch '" now owned °' po,.
""bli.h,d wh,m, end dock" 'nd p,o- "",d by ,h, City °' to which th, Ci,y
viding fM th, comtmcdon of >uch dock., i, °, mey b,com, ,ndtI,d °' which ro,
b"in., pim, qu,y w,I)" wh,m" w",- City m,y "qui" und" th, pmvi,ion,
hom", mnn,)" belt "ilwey connoedn, he"of M oth"wi". tog"h" with .nch
with ,11 "ilw,y lin" within th, City, od", City owned hnd, °' pmpmi" "
,nd ,nch ",n", dock 'pp""m, ,nd 00'- th, City Council m,y d"ign", by °'-
chin"y 'quipm,nt " it m,y doom ne",. din,n". Th, Bo"d .boll hm the ox-
u,y fot the conveni,n, 'nd oeonomicel clu,;" ch"se 'nd contml of th, build.
"commod"ion ,nd h,ndlins of w",,- ins, "building, ,It"'don', "poi"ng, op-
",ft of ,11 kind, end of ¡',ight ,nd p". ""ion, 'nd I",ins of "id p'opmy 'nd
"ns"" 'nd th, f", in""h,ng, of t"f. 'wy pm th",of, ,nd of the d"ning,
fico b"ween th, W,",w,y ,nd the "il- ."dins, fillins, p,ving, "w"ing, d"ds-
""y' ,nd the "ilw,y, ,nd th, w",,- ins, 'nd deeping n""",y in ,nd ,bout
w'y; which pion .h,1I he filed in the of- th, "00'. Conmuction pl,n, 'nd .uevey,
lice of th, Bo"d 'nd h, open to public .h,ll be 'ppmv,d by roe City Engin",.
i?,peetion, ,nd which m,y fmm tim, to L"", of mch pmpmy 00" b, m,de
thm, Bbe dh,nge'J, ,I""d, °' 'm'n~'dh~y fo, mch pU'pO"', induding indn'td,1
;i:s ::~ 'co:;'met:,':~~";¡::n~dv:nc: '~f 'nd m,nnf,ctud?g pU'pO"', upon >uc!,
knowledge 'nd info'm"ion on roe mh- eed""'f ,~d cond,~wn"h 'nddfoe ,uchfP"h'-
. tOO "me ", m to IU gm,nt 0 to
I'ct m,y 'ugg". Do,k Bo"d ,h,ll ho fo, th, b", inee"'t
2. PURCHASE AND CONDEMNA- of th, City in fu"h",n" of the sen-
TION OF FROPERTY. To pn"h", °' ",I pion ,dop"d by "id Bo"d.
"qni" b~ condemn"ion °' oth" hwful 4. ABUTTING PROPERY - JURIS-
meen". w"h th, 'ppmv,I of the City DICTION AND IMPROVEMENT. The
Counc,], ,nch pmon,I pmpmy, .uch B d' h b d' h ' . d' .
hnd., t whe~h" h'hì:ttinf thod tiv~'/mnt ,:~' '::ho,~:~ y o:::ee ro,:" p,;:"~tt;~~
:th::t ~~ P';"::I/'wicl~i::e 'nt~';~'II; ~'ee~. end 111];" hnd publi, g'o~nd, of
withont th, co,po:'" limi" o~ th.' City it:e n,~k,~, "w,,:,,~t I;f'n~n b,:w~:~"ili:
?' 'uch "gh" °' mee"" the"m, mclud- h"bo, lin, end th, Ii", inee,",cting
~:: ;:":;t~'o~i'i~';:,y d~:01~;:~::: f~í ""ot m"mdng h>ckw"d fmm high-
utilh"ion ,nd in the con"'uction of 'ny :"'::c:::~:;; t~~:i~::;ti:~;"t~:~ ::;;
pnbhdy. own:d Imbo" w"" Úont, dock, th, pow,," vmed in it by thi, O,di-
~~:::, ~i"ot~;~' ';;:¿;u;;~I;ndw¡~'~e ':~:: nonce. ,?d it i, hmby dëcheed t~"
"'nction of , holt "ilw,y 'nd "ilw,y mch lumd,ctwn ,nd ,utho:,ty ,h,1I m.
.wi"h", 'nd 'ppu""n'nc" end in m,k- clud, th, "ght to bmld ""m'~s °' qu,y
iog p'ovi,ion fo, the noed, of commo"" w,I)', dock" leve", whm:" P":" w'.'"
,hippins, indu",y, 'nd m,nufeetudng 1m""". °' oth" co~"'""'O?" mdndms
" pmvided fo, in mch pion" m,y be bolt ",Iw,y 'nd ",]w'y ,w"ch", "'O"
,dopeed hy the Bo"d, if the Bo"d ,h,1I ,.nd upon >uch ""e" 'nd ,ll~y, 'nd pnh.
d:,m it pmp" ~nd exp,d~'nt th" the ;~, ~:::~~ ~~:fo:: g;;:d:¡'/';;n:~j fe~:í
;1;,1 ';:~~,,:~~uì::d~o';:":~;ht:fo:~~~ of ro, wh"f! °' foe tui"hIo 'ppm"h",
t""" thmin, inclndins ""m'n", 'nd t~e:¡"'b; P,~~.d;d th" "f'hf ,m/,ov,1';;:'
~~,;;i':nt~h:e o~:::d o~P~~n~::w:h;"~~: :0'. tho' l~::d o:nd"tn,,", b~n .:,,::::nt:
the Bmd, with th, 'pp,ovol of roo City 'g"n" ,but,mg p,ope:ty, hut m CO" th,
Gouudl. m,y dimt the City Attom,y to ';"y Counc,] deem, " noce~"'y °, ,d-
"ko I's,I pmmding' to "qni" "me "",blo to COnmuct "ee" 'mp,ovemon"
fo, ro, City in m,nnee " it °' m,y b, °' "~'" on mch "m" 'nd ,lIoy~, 'nd
p,ovid,d by tho g,n",1 low, of th, ,buttmg ~nd ,d,~"nt pmpmy w,]1 ."-
"'ee in the CO" of oo,po",ion hovins "m 'pee,,1 benef", th",¡'om, 'u,h '00-
tho dgh, of Eminent Dom,in. Tho title pmvemen" oe 'ëw,,: m,y bë o,dmd
of ,II hnd, p'opmy 'nd d h" >c- conmuceed hy ."d C"y Coun,,¡ 'nd th,
qni"d by ro: Bo"d .h:ll b, "dn in the CO" thmof m,y b, "'""d by "id City
n'mo of the City of Dubuqu" low,. Connc,], to. the ment of m,h hene¡'",
'nd " pm",dod by ¡'w upon 'nd 's"n"
J. CONTROL OF PROPERTY. Th, ,11 1°" oe p",oI, of ",I ""to, wh"h"
Bo"d ,h,1I hm "clu,ive ch"g, ,nd publicly °' pdmely owned, " m,y b,
control of ,h, wh,'¡ p'opmy bolonging 'ped,lly benefited th",by, pmvided ,hot
90 Regular Session, March 1, 1976
the pion, ond ,p,dficotion, of th, City Dubuque, 10WOo Upon filiog ,ny ,ucb
Couucil f" ,ucb impcovemeu" ,,"w'" "'tili,d copy of ouy mcb "dinonc"
b, Ii"t oppcoved by tbe Dock Bo"d. the "id Cle<k ,h,ll f"thwith cou" th;
NothiuS iu thi, ,ub"ction i, iu"nd,d "me to be publi,h,d once in "m, uew,-
tu limit" quolify the pow'" oud du- pop" of genmI d<cuhtion publi,hed in
ti" of tb, Bo"d .. ""bli,h,d ,nd ," the City of Dubuque, Iowo. Soid "dinonee
out d",whe" in thi, ",tion. ,h,ll b, in fm, ond ,!fect ¡'om ond
Wo'" moin, '0 con"mc"d will b, 0 ,fee, the d", of "id public"ion. p,,-
p"t of th, City Wo'" Utility ond un- vid,d, how,m, th" if the ,,¡d "di-
d" th, conuol of ,h, Wo'" Utility. n,nce, '" included in "'y book"
S",i",y ",we< ex"n,ion,. "conmuc"d. p,mphI" of "din,nc", publi,h,d by "id
will b, 0 pm of the City Sonit"y S,we< City, no othe< public"ion ,holl be ,,-
Sy",m ond unde< the coutcol of th, City quiced, ",d they ,holl b, in fo", end
Mon,ge<. ,!fect ¡'om th, dot, of "id book"
5. CONTROL CONSISTENT WITH pomphl" i, publi,h,d.
NAVIGATION LAWS - COLLECT 7. TOLLS AND CHARGES - REG-
TOLLS. Th, Bwd i, ,1" v""d with ULATIONS. Th, Bo"d .holl hov' th,
exdu,ive govemm'nt ond control of the pow" to fix ond "guh" ond fcom time
h"b" ,nd wm' ¡'ont con,i"ent with to time to 01", the toll" fe", dochg"
the low, of the United S"", gomning wh,doge, c"noge, ,hedd'ge, ""'ge, 'ud
",viS,tion, ond of oIl wh"f p'op"ty, oth" ch"g" f" oIl publicly owned
b,lt "ilwoy, whom" pi"" quoy w,ll" dock" Ieve", belt "ilw,y, pi",. qu,y
bulkh"d" dotk" ",uctu"', ond equip- woI;" ,lip" b..iu" whom" ,ud thel,
meut thmon, ,ud ,11 the ,lip" b..in" equipmeut", the u", of ,ny po"ion of
w"e" ,djocene thmto, ond ,ubm"ged the w"" ¡'ont of the City of Dubuque,
hnd" ond oppu"'"'uceo b,longing to lowo, which ch"g" ,nd "'" ,holl be
the City ond moy moke "o,,",ble ,uI" collectible by the Bo"d ond .holl b,
,nd "gulotiou, sove,"ing th, t,,!fie "",n,ble with 0 vi,w only of d,f"ying
thmon ,nd th, u", thmof, with the th, nec"",,y ,unuol expe"," of th,
dsht to collect "",u,bl, dock'g', wh"f- Booed iu coumuctiug oud op",tiug th,
ose, ,hedding, ""OS', "'"'s' fee"~ ,nd imp"vemen" oud "",k, hmiu outh,,-
toll, tbmon, .. h",iuoft" p"vid,d, i"d, , "h,dul, of ,uch dmg" ,nd "g-
Obedieuce to ,uch ml" oud "sul"ion, uI,do", ,holl b, ,"""d by the Bo"d
moy be enf"eed in the n,me of the City in the f"m of "dinonc" of the Bo"d
by , fine not exc"dins One Huud"d befo" the "me ,h,ll So into" be in
($100.00) Doll"" " by impd"nm,nt effect, ~ud , cop~ of "me ,h,P be kept
not exceeding thi"y (30) d,y', p"vided P?"td m 0 con,p"uou' pl"e m the of-
the Couudl of th, City of Dubuque, Úee of the Bo"d.
Iowo .hol: fi"t odopt the "m' iu "di. 8. ASSISTANTS - OFFICERS -
nonce f"m, .. "din,nc" of the City. ORDINANCES. The Booed ,holl h,ve
6. RULES AND REGULATIONS - pow" tu employ ouch o"i"on", em.
SPECIFICATIONS - ORDINANCES - ploy"', d"k., w"kmen. ond lob"", ..
PUBLICATION. The Bo"d ,holl hove m'y be n"""'y in the e!fident ,nd
power tu m,ke sene,,1 ,ul" oud "gub- economicol ped"m,uee of the w"k au-
tio", f" cmying out of the pbu, pce- th,,¡'ed by thi. "diu,nce, ,ubject tu the
p"ed ,nd ,dop"d by it for th, build- p",o"uel p"ctic", pu<ch,,;ns oud ,,-
ing, "poidng, o¡""tiou, m,iu"n,nee end couuting pmric" of the City of Du-
op""ion of ,11 "mcm"', erection'," buqu" low~. All o!fic"" pI"" 'n.d em-
o"ilidol con"mction' upon" odj"ent ploymen" m the p"monent "mee of
tu the wmd"ut of the City wh"he< the Booed ,h,ll be pcovided f" by "di-
the "me ,h,ll b, done by the' Bo"d" n,uce duly p,,",d by the Bo"d ,nd the
by oth"" ,nd except.. pcovided by the "me ,.holl be ",",mit"d to the CI"k of
sen",1 mI" of the Bo"d, no new muc- th, Üty of Dubuque, low, " pcovided
tuce, " "p,i" upon " olons "id w"" f" "d""nc" of the Bo"d.
¡'ont ,holl be unde",ken, except upon 9. C.ITY COUNCIL POWERS. The
opplic"ion to the Bo"d ,nd und" p"- pow,," ,nd duti" g"nted tu the Bo"d
mit by it ,nd in "co,d,uee with the "e to be ex",i"d con,i"eut with City
gen",1 pIon, of th, Booed ,nd in pu'- policy.. d""mined by the City Coun-
su,ncr uf ,pecili",ion. ,ubmitt,d to the cil."
Booed ond oppcoved by it upon ,uch op- Po"ed 'ppcoved ,nd odopted thi, ",
plic"iun, The gen",1 cuI" ond "guh- doy of ¡'hcch, 1976.
tiun, of the Bo"d, wbenev,t ,dopted by Alvin E. Lundh
it, ,hon be embodied in the foem uf ut- Moyoe
din,uc;, oud "'tili,~ copi" th"eof ,h,ll, Thorn.. A. Tully, J',
fotthw>th upon the" p""ge, be t"n,- Rich"d Wemb"g"
mi",d to the CI"k of the City of Du- J,m" E. B"dy
buque, lowo who ,h,ll cou" the "me Councilmen
to be ",nscribed " length in 0 buok Leo F. Fcommelt
kept foe th" pUtpO" ,nd th, "me ,h,ll City CI"k
be included in ,ny cumpil"ion ot publi- ATTEST,
cotion of the O,dinonc" of the City of Publi,hed o!fici,lly in The Teleg"ph
Regular Session, March 1, 1976
H",ld New,p'p" thi, 4th d,y of M"ch
1976.
Leo F. FtOmmelt
City CI"k
It 3/4
Councilman Brady moved final
adoption of the Ordinance. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays-Councilman Stackis.
Councilman Brady moved that
the "'Objectives of Redraft of
Dock Ordinance" be referred to
the Dock Commission for their
study without Council's recommen-
dation, also referred to the City
Manager and Council. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to consider vacation
and sale of Lot 1A of Audubon
Addn., presented and read, No writ-
ten objections were filed and no
oral objectors were present in the
Council Chamber at the time set
for the hearing. Councilman Stack-
is moved that the proof of publi-
cation be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
ORDINANCE NO. 8-76
An Ordinance vacating a dedi.
cated alley located between Lot I
of Audubon Addition, Lot 308 and
Lot 2 of 309 of Glendale Addition
No.3 in the City of Dubuque, Iowa,
Said Ordinance having been pre-
viously presented and read at the
Council meeting of February 9,
1976, presented for final adoption.
ORDiNANCE NO, 8-76
foe the v""iou of the dedicoted ,lleý
locoted b"wcen Lot 1 of Audubon Addi-
tion, Lot 308 end Lot 2 of 309 of GI,u.
d,), Addition No.3, ,n obove d""ib,d
,,01 ""te ,ituOted in tho City of Dubu-
que, h.
WHEREAS, the City Pbnning 'nd
Zoning Commi"ion of the City of Dubu-
que, h.. "view,d the petition of John
Zucch" "qu"ting v",tion of 'n ,ney
,bmtiug hi, PCOP"'y which i, d"cribed
.. Loe 1 of Audubou Addition, 'nd the
commh,ion h" d""mined th" thi. p"cel
i, not needed foe 'ny p"'ent oe futu"
pm'po" ,nd h" no objoction' to ito v",-
,ion.
WHEREAS, the City Engine"ins "off
I", œviewod the "que" of Johu Zucehec
to V",te the dedicoted ,ney locoted be-
tween Loe 1 of Audubon Addition, Lot
308 ,nd Lot 2 of 309 of Glendole Addi.
tionNo.3,20feetwid"mdI00ftetlong,
'nd ti" engin",ing ",ff fee;' th"e i, no
ce'son f" the City of Dubuque, 10., to
"',inthi"lley,ndfeeliti'intheb"t
iute""t to the City tu v,,"te 'nd "U
"me.
WHEREA$, Cullen, Kilby, C"ohn
'nd A",ci,t", P.C. h.. p"poted oud
,ubmitted to the City Council, pI"
,bowins "id olley, tog"he< with Lot 1 of
Audubon Addition, Lot 308 'nd Lot 2 of
309 of Glendole Addition No.3, oud ,,-
,;gued , numb" tbmto ond wbich ,hon
hce"fte, be known 'nd d""ibed .., Lot
lA of Audubon Additiou, in the City of
Dubuque, 10.
WHEREAS, the City Couucil h.. d,te,-
mined th" the "id ,lley i, no long"
"qui"d fo, public u" 'nd th, Phnning
'nd Zonins Commi"ion uf th, City of
Dubuque, h. h.. oppcoved the .""ion of
"id ,Hey. known.. LOt lA of Audubon
Addicion, in the City of Dubuqu" 10.
NOW THEREFORE BE IT ORDAiN-
ED BY THE CITY COUNCIL OF THE
ClTY OF DUBUQUE, IA.
SECTION 1. Th" the plot of Lot IA
of Audubon Addition. bcodus d,te J,nu-
"y lJ, 1976, ond p"p"ed by Cunen,
Kilby, C"ohn ,ud A"oci"", P.C. of
the City of Dubuque, h., be 'nd the
"me i, heceby 'pptOved ond the
M,yoe 'nd City Cleek be oud they ore
heceby ,utlwdzed 'nd di"cted to mcute
ti" "me foe 'nd on beh,If uf th, City
of Dubuque, 10.
SECTION 2. Th" "id ",I ""te de.
"dbed .., Lot IA of Audubon Addition,
in the City of Dubuque, 10., be 'nd the
"mc i, h",by v,c"ed.
SECTION 3. ThOt the City CIcek be
'nd he i, heceby ,uthodzed ,nd di"cted
to cou", noticr of intent to di,po", of
"id ",I ""te, d"edbed '" Lot lA, ,n
olley between Lot I of Audubou Addition,
Lot 308 ,nd Lot 2 of 309 uf Gleud,l,
Additiou No.3.
SECTION 4. Th" convey,ncr uf "id
Lot lA, on ,lley loeoted b<tween Lot I
of Audubon Addi,;on, LOt 308 ,ud LOt 2
AN ORDINANCE VACATING A
DEDICATED ALLEY LOCATED
BETWEEN LOT ¡ OF AUDUBON
ADDITION, LOT 308 AND LOT 2
OF 309 OF GLENDALE ADDITION
NO.3 IN THE ClTY OF DUBU-
QUE. IA.
WHEREAS, Johu Zucehce of 2640 M,,-
qUette Plxee, ownce of LOt ¡ of Audubon
Addition, h.. petitioned the City Council
91
- - --
92
Regular Session, March 1, 1976
93
Regular Session, March 1, 1976
of 309 of GI,nd,l, Addition No.3, in th, Section 1. That the disposal of
City of Dnbuqu" h., b, ,nd th, "m' i. interest of the City of Dubuque,
hmby ,pp,"v,d upon p,ym,n' of $1.00 Iowa of an interest in a vacated
,nd ~pon p,ym,nt of '0" of publi",ion alley lying between Lot 1 of Audu-
'nd fthns "'". . bon Addition, Lot 308 and Lot 2
P""d, ,dopted ,nd ,pp,"v,d th" 1" of 309 of Glendale Addition and
d,y of M",h, 1976. . which has been platted and is
Alvm E. Lundh now known as Lot lA for Audu.
Th~:~t A. Tully, Jt. bon Addition in the City of Du-
Rioh"d Wmzbocsoc buque, Iowa to John Zurcher for
J,m" E. BtOdy $1.00 plus cost of publication and
Emil StO,ki, recording fees, be and the same
Councilm,n is hereby approved, and that con.
L,o F. Ftommolt veyance shall be made by Quit
City Clock Claim Deed and no abstract of
ATTEST, title will be furnished.
H~:fli'~:~,~;~~:'~t. i:t1. Tk,~ ~;l~::~~ Section 2. That the Mayor and
1976. the City Cierk be and they are
Loa P. Ptommolt hereby authorized to execute said
City Clock deed of conveyance and the City
It 3/4 Clerk be and he is hereby directed
Co~ncilman Stackis .moved final ~~d c~~~eo:~~~~ t~,ctef~:e..~a~~e deJ~
adoptIon of the Ordmance. Sec- scribed real estate to John Zurch-
o~ded by Council~an Tully. Car- er, upon receipt of the purchase
rwd by the followmg vote: price
Yeas - Mayor Lundh, Council- . . .
men Brady, Stackis, Tully, Wertz- Section 3. .That the City Qerk
berger. be and he IS hereby authol'lzed
Nays-None and directed to record a certified
. copy of this Resolution in the of-
RESOLUTION NO. 57.76 fice of the Dubuque County Re-
WHEREAS, pursuant to Reso- corder.
lution and published notice of !"assed, approved and adopted
time and place of hearing, pub- thIS 1st day of March, 1976.
lished in the Telegraph-Herald, a Alvin E. Lundh
newspaper of general circulation Mayor
published in the City of Dubuque, Thomas A. Tully, Jr.
Iowa 0:1 February 12, 1976, the Richard Wertzberger
City Council of the City of Du- James E. Brady
buque, Iowa met on the 1st day of Emil Stackis
March, 1976 at 7:30 o'clock P.M. Councilmen
(Central Standard Time) in the Attest:
City Council Chambers, City Hall, Leo F. Frommelt
Dubuque, Iowa, to consider the City Clerk
~~p~~:~ ~1 ~~fi~~~eoini~t"::~~t~~ . Councilman Stacld~ moved adop-
alley which has been platted and tlOn of the resolutlOn.. Seconded
will be heretofore known as Lot by Mayor Lundh. CarrIed by the
lA of Andubon Addition in the following vote:
City of Dubuque, Iowa and to dis- Yeas - Mayor .Lundh, Council-
pose its interest in same to John men Brady, StackIs, Tully, Wertz-
Zurcher; and berger.
WHEREAS, the City Council of Nays-None.
the City of Dubuque, Iowa over- Petition of A-OK Yellow Cab Co.
ruled any and all objections, oral requesting permission to increase
or written, to the proposal to dis- taxi fare rates, also location of a
pose of interest of the City of Du- cab stand preferably near 9th &
buque, Iowa in the hereinafter de. Main St., presented and read. Jean-
scribed real estate to John Zur- nette Luerkens spoke relative to
cheri the petition.
NOW THEREFORE BE IT RE- Councilman Tully moved that
SOLVED by the City Council of the petition be referred to the
the City of Dubuque, Iowa: City Manager and Council. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
Petition of Mrs. Edward Henkel
of 1799 Clarke Drive requesting
two hour parking in front of her
property, presented and read.
Councilman Brady moved that the
petition be referred to the City
Manager and Traffic Department.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger. Nays-None.
Petition of Jack C. Jones Ex-
cavating requesting permission to
excavate in Algona Street to reo
pair broken water main, presented
and read. Councilman Staclds
moved that the request be ap-
proved. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
Petition of Robert J. Doll et al
(76 signers) objecting to relocation
and construction of the National
Guard Armory on Kennedy Road,
presented and read. Councilman
Stackis moved that the petition be
received and filed and referred to
Council. Seconded by Councilman I
Brady. Carried by the following
Vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
February 26, 1976
To the Honorable Mayor
and City Council
I recommend the vacation of the
20 foot and 16 foot wide utility
easements in Lot A, Block 3 in
Timber Ridge Addition which
Were meant to accommodate the
utility connections until the ex-
tension of Richard's Road was ac-
complished.
Richard's Road is now being ex-
tended, which voids the need for
these easements.
John L. White, P.E.
City Engineer
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 58.76
WHEREAS, the property owner
of Lot A, Block 3 in Timber Ridge
Addition in the City of Dubuque,
Iowa, has filed with the City Clerk
of the City of Dubuque, Iowa, a
petition requesting the vacation of
the platted twenty foot (20') and
sixteen foot (16') wide easements
in said Lot A, Block 3 and
WHEREAS, the property owner
has submitted a plat for the pur-
pose of extinguishing the twenty
foot (20') and sixteen foot (16')
wide utility's easements shown
thereon; and
WHEREAS, the public utility
companies entitled to use said
easements have consented to said
vacation; and
WHEREAS, Sections 409.18 and
409.19 of the 1971 Code of Iowa
provide for the vacation of plats
in this manner;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
said petition and plat for the va-
cation of the platted twenty foot
(20') and sixteen foot (16') wide
easements in Lot A, Block 3 in
Timber Ridge Addition in the City
of Dubuque, Iowa, be and the
same are hereby approved, and
the Mayor and Clerk are hereby
authorized and directed to en-
dorse the approval of the City of
Dubuque upon said plat for the
vacation of the aforementioned
easements.
Passed, adopted and approved
by the recorded roll call vote this
1st day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councihnen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
94
Regular Session, March 1, 1976
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
February 26, 1976
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 4
and Block 5 of "Timber Ridge"
Addition. The property lies south
of June Drive on Richard's Road
in the City of Dubuque, Iowa.
The Commission has determined
that the piat is in conformance
with the Subdivision Regulations
of the City of Dubuque, Iowa, and
recommends that the final plat of
Block 4 and Block 5 of "Timber
Ridge" Addition be approved as
submitted.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
, Nays-None.
RESOLUTION NO. 59.76
Resolution approving the plat of
Block 4 and Block S, each in
Timber Ridge Addition in the
City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Block
4 and Block 5, each in Timber
Ridge Addition in the City of Du-
buque, Iowa, by Richard C. Hen-
schel and Mildred L. Henschel;
and
WHEREAS, upon said plat ap.
pear streets to be known as Rich-
ard's Road, together with certain
public utility easements which the
Owners by said plat have dedicated
to the public forever; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relating
thereto, except that street grades
have not been established, the
streets brought to grade, or pav-
ing, sewer or water installed;
,NOW THEREFORE, BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the dedications
of Richard's Road together with
the .easements for public utilities
as the same appear upon said plat,
be and the same are hereby ac.
cepted;
Section 2. That the plat of Block
4 and Block 5, each in Timber
Ridge Addition in the City of Du-
buque, Iowa, be and the same is
hereby approved and the Mayor
and City Clerk are hereby author-
ized and directed to endorse the
approval of the City of Dubuque,
Iowa, upon said plat, provided the
owners of said property herein
named, execute their written ac-
ceptance hereto attached agree.
ing:
a. To reduce all streets to grade
and to construct concrete curb and
gutter and to hard surface Rich-
ard's Road with bituminous con.
crete, or with concrete paving with
integral curb, all in accordance
with City of Dubuque standard
specifications;
b. To Install sanitary sewer
mains and sewer service laterals
in accordance with plans submit-
ted with the plat;
c. To install water mains and
water service laterals in accord-
ance with plans submitted with
the plat;
d. To install storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct the foregoing im-
provements in accordance with
plans and specifications approved
by the City Manager, under the in.
spection of the City Engineer. and
in a manner approyed by the City
Manager;
g. To maintain the foregoing im-
provements for a period of four (4)
years from the date of their ac-
ceptance by the City of Dubuque,
Iowa;
Regular Session, Marcb 1, 1976
95
h. To provide the foregoing con.
struction and maintenance at the
sole expense of the Subdivider,
Richard C. Henschel and Mildred
L. Henschel, as owner;
i. To construct said improve-
ments, except sidewalks, prior to
March 1, 1978, and to construct
the sidewalks prior to March 1,
1980;
And further provided that said
Richard C. Henschel and Mildred
L. Henschel, as owner of said Sub-
division, secure the performance
of the foregoing conditions by pro.
viding security in such form and
with such sureties as may be ac-
ceptable to the City Manager.
Section 3. That in the event
Richard C. Henschel and Mildred
L. Henschel, shall fail to execute
the acceptance and furnish the se.
curity provided for in Section 2
hereof within 45 days after the
date of this Resolution, the provi-
sions hereof shall be null and void
and the acceptance of the dedica-
tion and approval of the plat shall
not be effective.
Passed, adopted and approved
by unanimous recorded roll call
this 1st day of March, A.D., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Acceptance of Resolution No. 59;76
We, the undersigned Mildred
L. Henschel and Richard C. Hen-
schel having read the terms and
conditions of the foregoing Reso-
lution No. 59.76 and being familiar
with the conditions thereof, hereby
accept the same and agree to per-
form the conditions required there.
in.
Dated at Dubuque, Iowa, this
29th day of March, 1976.
Mildred L. Henschel
Richard C. Henschel
Dated at Dubuque, Iowa, this
29th day of March 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
Communication of Klauer Opti-
cal Co. by Attorney Carew, request-
ing insurance of the City that
there have been no violations
which would entitle the City to
make a claim of reverter to the
property on the northwest corner
of Grandview & Delhi which is be.
ing presently considered for pur.
chase under contract by Klauer
Optical Co., presented and read.
Councilman Wertzberger moved
that the communication be reo
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 60.76
WHEREAS, the City of Dubuque,
Iowa, by deed dated July 6, 1962,
and filed September 10, 1962, in
Book 178 Town Lots, pages 127
and 128, did convey to Hartig Drug
Company the following described
real estate:
Lot 2 of Lot 1 of Rigi Subdi.
vision and Lot 2 of Lot 6 of
Lot 12 of Mineral Lot 172;
each in the City of Dubuque,
Iowa; and
WHEREAS, such conveyance
was made upon certain conditions
stated in said deed with respect
to the Use and development of
said conveyed property together
with the adjoining lot described
as:
Lot 1 of Lot 6 of Lot 12 of
Mineral Lot 172, City of Du-
buque, Iowa; and
WHEREAS, Robert J. Jordan
and Beverly R. Jordan purchased
the aforesaid real property from
Hartig Drug Company and now
propose to sell all of said prop-
erty; and
To:
Leo F. Frommelt
City Clerk
This is to certify that the secur-
ity provided by the foregoing
RESOLUTION NO. 59-76 has been
furnished by the owners.
- -
96
Regular Session, Ma~ch 1, 1976
WHEREAS, the proposed pur-
chaser desires the City of Dubuque
to affirm that the conditions con-
tained in the deed to Hartig Drug
Company have been met and sat-
~~~~~io~~do/~~¡d n~~:d ~av~eb:'~ I
violated in any respect;
NOW THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa:
Section I. That the City Coun-
cil of the City of Dubuque, Iowa,
after examination and inspection
of the aforementioned and de-
scribed real property and improve-
ments located thereon has deter-
mined and does hereby affirm that
Robert J. Jordan and Beverly R.
Jordan and their predecessors in
title have not violated any of the
restrictions or conditions set forth
in the aforesaid deed from the
City of Dubuque, Iowa, to Hartig
Drug Company, and accordingly
the property conveyed in said
deed from the City of Dubuque,
Iowa, to Hartig Drug Company
(which property is now owned by
Robert J. Jordan and Beverly R.
Jordan) has not reverted to the
City of Dubuque, Iowa.
Passed, approved and adopted
this 1st day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Proof of Publication, certified
to by the publisher, of Notice of
Sale of Project Notes to aid in
financing the Urban Renewal
Project in the amount of $463,000,
presented and read. Councilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Councilmau Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 61-76
Authorizing the sale, issuance
and delivery of Project Notes in
the aggregate principal amount
of $463,000 ant! the execution of
Requisition Agreement No. 1-76
in connection with the Down-
town Urban Renewal. Project,
Project No. Iowa R.15
WHEREAS, the City of Dubuque
(herein called the "Local Issuing
Agency") has entered into one or
more contracts (which, together
with any supplements thereto or
amendments or waivers of any
provisions thereof, are herein
called the "Contract") with the
United States of America (herein
called the "Government") provid-
ing for a loan by the Government
to the Local Issuing Agency for
financing the urban renewal, low-
rent housing or redevelopment
project(s) described in the Con-
tract and herein called the "Proj-
ect"; and
WHEREAS, pursuant to adver-
tisement for the receipt of propos-
als for the purchase of the First
Series 1976 of Project Notes (here-
in sometimes called "New Project
Notes") of the Local Issuing Agen-
cy aggregating $463,000, which ap-
peared in a Notice of Sale pub-
lished on February 3, 1976, and
February 10, 1976, in the Tele-
graph Herald in the City of Du-
buque, Iowa, and in The Daily
Bond Buyer in the City of New
York, New York, proposals for the
purchase of the New Project
Notes in the form approved by the
Local Issuing Agency were re-
ceived, opened, and canvassed at
the time and place mentioned in
said advertisement, to wit: at
Council Chambers, City Hall, 13th
and Iowa in the City of Dubuque,
Iowa 52001 at one o'clock P_M.
E.S.T. on February 18, 1976, which
proposals are as follows:
Name of Bidder
Bank of America NT & SA, San
Francisco, Bankers Trust Com-
pany, Continental Illinois Na-
tional Bank & Trust Company
of Chicago, Merrill, Lynch,
Pierce, Fenner & Smith, Inc.-
Regular Session, Marcb 1, 1976
97
Interest Rate, 2.62%; Principal
Amount, $463,000; Premium,
$14.00.
First National Bank of Dubuque-
Interest Rate, 2.70%; Principal
Amount, $463,000; Premium, O.
Chemical Bank & A. G. Becker &
Co.-Interest Rate, 2.73%; Prin-
cipal Amount, $463,000; Premi-
um, $15.00.
Morgan Guaranty Trust Company
and Salomon Brothers-Interest
Rate, 2.75%; Principal Amount,
$463,000; Premium, O.
United California Bank-Interest
Rate, 2.81%; Principal Amount,
$463,000; Premium, $9.00.
Chase Manhattan Bank-Interest
Rate, 2.83%; Principal Amount,
$463,000; Premium, O. I
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque:
Section 1. The aforesaid publi-
cation of the Notice of Sale and
the form and contents thereof as
so published are hereby, in all re-
spects, approved, ratified and con-
firmed.
Section 2. In order to provide
funds to pay expenses incurred or
to be incurred in the development
of the Project, or to refund, renew
or extend its outstanding Notes is-
sued in connection therewith, the
Local Issuing Agency hereby deter-
mines to borrow the sum of Four
Hundred Sixty-Three Thousand
DoIlars ($463,000) and issue its ne-
gotiable Project Notes therefor.
Section 3. The Local Issuing
Agency hereby ratifies and ap-
Proves the form of each proposal
hereinafter in this Section 3 enu-
merated for the purchase of the
designated principal amount of
Notes and determines that each
such proposal offers to purchase
such Notes at the lowest interest
rate and is therefore accepted, and
said Notes are hereby awarded to
the purchaser, as foIlows:
Principal Amount, $463,000; Inter-
est Rate, 2.62%; Purchaser,
Bank of America NT & SA, San
Francisco, Bankers Trust Com-
pany, Continental Illinois Na-
tional Bank & Trust Company
of Chicago, Merrill, Lynch,
Pierce, Fenner & Smith, Inc.
Section 4. Each Note shaIl be
dated March 16, 1976, shaIl be pay-
able as to both principal and inter-
est to bearer, on July 23, 1976,
and, pursuant to each proposal for
the purchase of said Notes here-
inabove accepted, shaIl bear the
rate of interest per annum, pay-
able at maturity; shaIl bear the
numbers and be in the denomina-
tions; and shaIl be payable as to
both principal and interest at the
incorporated bank having trust
powers or incorporated trust com-
pany, as foIlows:
Purchaser-Bank of America NT
& SA, San Francisco, Bankers
Trust Company, Continental Il-
linois National Bank & Trust
Company of Chicago, Merrill,
Lynch, Pierce, Fenner & Smith,
Inc.-Numbers: 1-2, $100,000;
3-4, $50,000; 5-6, $25,000; 7-13,
$10,000; 14-21, $5,000; 22-24,
$1,000. Interest Rate, 2.62%;
Payable At Bankers Trust Com-
pany, New York.
None of such Notes shaIl be
valid until after the bank or trust
company at which it is payable
shaIl have signed the agreement,
appearing on each Note, to act as
paying agent thereof. Each such
Note shaIl be executed in the name
of the Local Issuing Agency by the
manual or facsimile signature of
the Mayor and City Treasurer of
the Locai Issuing Agency and shall
have the corporate seal of the Lo-
cal Issuing Agency impressed, im-
printed or reproduced thereon and
attested by the City Clerk, and said
officers are hereby authorized and
directed to casue said Notes to
be properly executed.
Section 5,. Each such Note shall
be in substantiaIly the form of
HUD-901O, which is incorporated
herein by reference, and shall be
secured by an agreement entitled
"Requisition Agreement No. 1-76"
(herein called the "Requisition
Agreement"), in substantially the
form of HUD-9003, which is incor-
porated herein by reference, to be
entered into between the Local
Issuing Agency and the Govern-
ment.
Section 6. The Requisition
Agreement shall be executed in
the name of the Local Issuing
Agency by the manual or facsimile
signature of the Mayor of the Lo-
cai Issuing Agency and shaIl have
the corporate seal of the Local
Issuing Agency impressed, im-
printed or reproduced thereon
- -
98
Regular Session, March 1, 1976
and attested by the City Clerk,
and said officers are hereby au-
thorized and directed to cause the
Requisition Agreement to be prop-
erly executed.
Section 7. For the punctual pay-
ment of the principal of and inter-
est on the New Project Notes, the
Local Issuing Agency hereby ex-
pressly and irrevocably promises
to pay any sums which may be re-
ceived from the Government pur-
suant to the Requisition Agree-
ment relating to such series of
Project Notes and sald Agreement,
when executed by the Government,
is hereby declared to be and is
hereby assigned by the Local Is-
suing Agency for the benefit of
the holder or holders from time to
time of the New Project Notes. All
contributions, funds and amounts
authorized or required by the
Contract to be appiied to the pay-
ment of Project Loan Notes (re-
ferred to in the Contract as "Proj-
ect Temporary Loan Obligations,"
"Advance Notes" or "Permanent
Notes") as issued in connection
with the Project are hereby irre-
vocably pledged to secure the pay-
ment of the principal of and inter-
est to maturity on the New Proj-
ect Notes. Such pledge and the
iien created thereby shal1 cease
and terminate when monies or in-
vestment securities convertible in-
to cash not later than the matur-
ity date of the New Project Notes,
sufficient and for the purpose of
paying the principal and interest
to maturity on such Notes, are de-
posited with the paying agent or
agents for such Notes.
Section 8. The proceeds derived
from the sale of the New Project
Notes, together with such amount
of other funds of the Local Issu-
ing Agency as may be necessary,
shal1 be applied, simultaneously
with the receipt of said proceeds,
in accordance with the provisions
of the Requisition Agreement.
Section 9. The City Treasurer is
hereby authorized and directed to
send promptly a letter to each
paying agent for the New Project
Notes in substantial1y the form of
HUD-9004, which is incorporated
herein by reference, and to trans-
mit therewith (a) the New Project
Notes for which the addressee is
the paying agent for deiivery and
payment and (b) a signature cer-
tificate and receipt, in accordance
with the terms of said letter, and
to take such other actions as may
be required to complete the de-
livery transaction in accordance
with the terms of the letter to
the paying agent.
Passed, approved, and adopted
this 1st day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried by the
fol1owing vote:
Yeas -Mayor Lundh, Council-
men Brady, Stackis, Tul1y, Wertz-
berger.
Nays-None.
RESOLUTION NO. 62.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the fol1owing having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Marc's Big Boy Corp., dba Marc's
Big Boy, Dubuque Plaza 20
Shopping Center
Thompson's Food Markets, Inc.,
Oky Doky #15, 1545 S. Grand-
view Avenue
Beverly Ann Larsen, D/B/A The
Finale Lounge, 1701 Central
Avenue
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Regular Session, Marcb 1, 1976
99
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 63-76
WHEREAS, applications for LIq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuqne, Iowa, that
the fol1owing applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1900 Tap
(Sunday Sales Only), 1100 LIn-
coln Avenue
The Apartments Ltd, D/B/A
Apartment 5-A Lounge, Kenne-
dy Mall
Beverly Ann Larsen, D/B/A The
Finale Lounge, 1701 Central
Avenue
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tul1y, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
with the State Law and al1 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 fol1owing named ap.
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1900 Tap
(Sunday Sales Only), 1100 Lin.
coin Avenue
The Apartments Ltd., D/B/A
Apartment 5-A Lounge, Kennedy
Mall
Beverly Ann Larsen, D/B/A The
Finale Lounge, 1701 Central
Avenue
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tul1y, Jr.
Richard Wertzberger
James E. Brady
Emil Staclds
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tul1y, Wertz-
berger.
Nays-None.
RESOLUTION NO. 64-76
WHEREAS, applications for
Liquor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 65.76
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the fol1owing applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "C" BEER PERMIT
LaVern Nicholas Hennen, Vern's
Conoco, 3300 Asbury Road
Thompson's Food Markets, Inc.,
Oky Doky #15, 15~5 S. Granl;\-
view
100
Regular Session, Marcb 1, 1976
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
There being no further busi-
ness, Councilman Tully moved to
adjourn. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Leo F. Frommelt
City Clerk
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
;:'e~~e~.radY, Stackis, Tully, Wertz- I Approved ....................................1976
Nays-None.
-RESOLUTION NO. 66.16
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
tthhe CMitY of Dubbuque, hIo~a'dthtat I ................................................................
e anager e aut onze 0 Councilmen
cause to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT I Atte~itÿ"ëï;~k"""""""""""""""""'"
LaVern Nicholas Hennen, Vern's
Conoco, 3300 Asbury Road
Thompson's Food Markets, Inc.,
Oky Doky #15, 1545 S. Grand-
view .
Passed, adopted and approved
this 1st day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Adopted ........................................1976
Special Session, March 8, 1976
CITY COUNCIL
OFFICIAL
Special Sess,on, March 8, 1976.
Council met at 7:30 P.M.(C,S.T.)
Present-Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger, City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON.
DUCTING A SECOND HEARING
FOR. THE PURPOSE OF OBTAIN.
ING VIEWS OF RESIDENTS OF
THE CITY ON COMMUNITY DE-
VELOPMENT AND HOUSING
NEEDS and acting upon such oth-
er business as may properly come
before a Regular Meeting of the
Council.
Communication of Xavier Hos-
pital requesting the Mayor to of-
ficially proclaim the week of
Mar~h 14 to 20, 1976 as "Hospital
Volunteer Week in Iowa" was
signed and so proclaimed by the
Mayor.
Proclamation of Order of De-
Molay proclaiming that March 14th
thru 21st, 1976 be observed as
"International DeMolay Week" was
signed and so declared by the
Mayor.
Communication of 7th Step
Foundation submitting an an-
nouncement of an Employers Sym-
posium Program to be conducted
in March, presented. Susie More-
no, Employment Counselor, ex-
plained the Program to Council.
Second Hearing for the purpose
of obtaining views of residents of
the City on Community Develop.
ment and Housing Needs, was op-
ened for discussion and input.
Councilman Stackis moved to sus-
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Nile Harper, 2141 Hale St., re-
quested housing for handicapped
and older people; the need is I
101
great; Percentage of older people
is high; Absence of publicly fund-
ed low-rent housing remains;
Should take inspiration from Ecu.
menical Housing.
Ciaude March of Fischer Com-
panies, suggested lighting between
4th & 2nd Street, urging Council
to improve lighting.
Paul Rossiter stated large per-
centage of people in 4th & 2nd
St. area would like old style of
lighting; Committee of merchants
would work with City Staff for
tree planting, traffic control,
lighting and parks.
Lynn Rytan and Jean Cheever'
of the League of Women Voters
read a prepared statement being
opposed to G.A.I.N. in being able
to participate in Community De-
velopment funding; City must
follow eligibility requirements;
Checked with H.U.D.-consistent
policy would be followed.
Rev. Bries stated that G.A.I.N.
is not a National Charter; Is now
known as Dubuque Girls Club Inc.
They are under guidelines of Af-
firmative Action Program; the
girls are from iow and moderate
income families.
Art Miller, 2849 Hempstead St.,
expressed concern about the eld.
erly; low income are living in sub-
standard housing; Must bring ex-
isting units up to standards; Many
do not want to move, however,
would like to have help in re-do-
ing where they presently live;
Block Grant Programs should be
maintained and improved; Section
8 Housing is a good program, but
must improve living quarters for
elderly.
Petition of Louis Schaller et al
(approx. 300 signers) requesting
lighting of Main Street from 4th
to 2nd and further down Main St.,
if possible as part of the present
Community Development Funds,
presented and read. Councilman
Tully moved that the petition be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None-
Councilman Tully moved that
the Council go on record directing
the City Manager to make the
--
102
Special Session, Marcb 8, 1976
1976 Community Development
Program self-sustaining to carry
out the Program. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays-Councilman Stackis.
Councilman Brady further moved
that the City Manager be instruct-
ed to seriously consider Staff
growth be kept to a minimum.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays-Councilman Stackis.
Councilman Stackis finally moved
to table the application and pro-
posed resolution for a Community
Development Block Grant Pro-
gram to Wednesday evening,
March 10, 1976, at 7;00 o'clock
P.M. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
COUNCIL RECESSED AT 9:05 PM
RECONVENED AT 9:15 PM
Communication of Playground &
Recreation Commission submitting
minutes of their meeting of March
1, 1976, presented and read. Coun-
cilman Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Wertzberger.
Nays-None.
Communication of Dubuque Ka-
rate Club Inc. extending an invi-
tation to the Council to be present
at the evening session of 1976 Mid-
west Tang Soo Do Tournament on
Sunday, March 14, 1976, presented
and read. Councilman Staclds mov-
ed that the communication be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertberger.
Nays-None.
Communication of Dubuque
Board of Dock Commissioners ad-
vising of their inquiries relevant
to the posstbility of obtaining per-
manent possession of the Tugboat
Floyd, presented and read. Coun-
cilman Tully moved that the com-
munication be received and filed,
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Iowa Chapter
National Electrical Contractors
Ass'n. Inc. requesting to have rep-
resentation on the City Code Com-
mittee when the term expires for
one of the present Board Mem-
bers, presented and read. Council-
man Stackis moved that the com-
munication be received and filed
and referred to Council. Seconded
byy Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality ad-
vising of issuance of construction
permit for sanitary sewer exten-
sion of Asbury Springs Sub. #2,
presented and read. Councilman
Tully moved that the communica.
tion be received and filed. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of County At-
torney and City Attorney submit-
ting a joint opinion relative to
respective jurisdictions in the area
of zoning and subdivision of lands
outside the incorporated boundar-
ies of the City, presented and read.
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote;
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
March 5, 1976
Honorable Mayor
and City Council
In your packet on February 27
was a plan for a sound system
in the Council Chambers. Attached
is a copy of that plan.
If time permits at your meet-
ing March 8, Councilman James
Brady and members of his task
force would like to discuss this
plan with you.
Francis A. Murray
Assistant City Manager
Special Session, March 8, 1976
103
Councilman Stackis moved that
the communication be received
and filed and to adopt Program
of sound system as presented. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
contract year beginning July 1,
1976.
Francis A. Murray
Assistant City Manager
Councilman Tully moved that the
communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to
by the Publisher of Public Notice
of the fact finders recommenda-
tions on impasse issues between
the City and certified employee
organizations, presented and read.
Councilman Tully moved that the
proof of publication be received
and filed. Seconded hy Council-
man Wertzberger. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Factfindings in the matter be-
tween the City and the Amalga.
mated Transit Union Division 329,
Dubuque Policemans Proective
Ass'n., Dubuque Professional Fire
Fighters Ass'n., General Drivers &
Helpers Union, International Un-
ion of Operating Engineers, The
City and all unions summary of
recommendations, presented and
read. Councilman Stackis moved
that the factfindings be received
and filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
March 5, 1976
Honorable Mayor
and City Council
The City Manager's office has
been negotiating with the five cer-
tified employee organizations of
the City of Dubuque for collective
bargaining agreements for the per-
iod July 1, 1976 throungh June 30,
1977.
The five recognized certified
employees organizations are:
Amalgamated Transit Division
329
International Union of Operat-
ing Engineers AFL-CIO, Local
No. 758
General Drivers and HelpClr's
Union Local No. 421
Dubuque Policeman's Protective
Association
Dubuque Association of Profes-
sional Fire Fighters No. 353
During the course of the negotia-
tions, the parties reached impasse
on a number of issues. These im.
passe issues, in accordance with
the Public Employment Relations
Act, were submitted to a fact-
finder for his recommendations.
The fact-finder submitted his
recommendations on each of the is-
sues to the respective parties on
February 26, 1976. Under provi-
sions of the law, the recommenda-
tions of the fact-finder must not March 8 1976
be made public for ~en .(10) days. Honorable Mayor '
In our case, .the ~ermmatIOn of the and City Council
ten day perIOd IS Monday, March The City has been negotiating
8, 1976. with the five certified bargaining
Consequently, copies of the fact. employee organizations since No-
finder's recommendations will be vember for a collective bargaining
delivered to all councilmen Mon- agreement to be effective for the
day morning, March 8, 1976. Addi- period July 1, 1976 through June
tional copies will be available for 30, 1977. The City and the unions
review by the public Monday, reached impasse on a number of
March 8, in the City Clerk's office. issues and, in accordance with the
Then at the regular Council Public Employment Relations Act,
meeting, Monday night, March 8, submitted these issues to a fact-
we would like to report to you the finder for his recommendations.
status of the City with each of the The fact-finder submitted his
employee organizations on collec- recommendations to the parties on
tive bargaining agreements for the I February 27, 1976 and, again in
.
"
104
Special Session, March 8, 1976
accordance with the law, details of
these recommendations are sched-
uled to be made public on March
8, 1976. The substance of the fact-
finder's recommendations are as
follows:
General Issues in All Unions
1. 7% wage increase.
2. Continuation of a cost of liv-
ing provision in the contract
with a 6% cap.
3. Continuation of the City as-
suming the full premium cost
of health insurance.
The fact-finder's recommenda-
tions on individual unions were as
follows:
General Drivers and Helper's Un-
ion, Local #421
1. Meal provision under emerg-
ency circumstances.
2. Overtime pay for park patrol,
in cxcess of eight hours a day
and 40 hours a week.
The Dubuque Policemen's Protec-
tive Association
1. Shift differential of 10ø/hour
for second shift and 20Ø/hour
for third shift.
2. Additional clothing allowance
of $50.00/year.
3. Modification of the sick leave
plan.
The Dubuque Association of Pro-
fessional Fire Fighters, Local #353
1. Upgrade Lieutenant's pay one-
half grade-
Amalgamated Transit Division No.
329.
No additional issues.
International Union of Operating
Engineers, Losal #758
No additional issues.
The fact-finder recommended the
city's position on all other impasse
issues. Correspondingly, a number
of issues were negotiated and
agreed upon locally prior to sub-
mission to the fact-finder.
The fact-finder's recommenda-
tions have been ratified by the
memberships of the Amalgamated
Transit Division #329, Internation-
al Union of Operating Engineers,
General Drivers and Helper's Un-
ion and the Dubuque Policemen's
Protective Association- The Du-
buque Association of Professional
Fire Fighter's have rejected the
fact-finder's recommendations.
We are recommending that the
City Council adopt a resolution ac-
cepting the recommendations of
the fact-finder for the four unions
that have accepted the fact-finder's
recommendations and authorize
the City Manager to executè a
contract with these four unions-
Francis A. Murray
Assistant City Manager
Councilman Tully moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 67.76
RESOLUTION ACCEPTING THE
FACT.FINDER'S RECOMMEN.
DATIONS AND AUTHORIZING
THE CITY MANAGER TO EXE.
CUTE A CONTRACT WITH CER.
TAIN EMPLOYEE ORGANIZA.
TIONS OF THE CITY OF DU.
BUQUE.
WHEREAS, the City of Dubuque
has been negotiating labor con-
tracts for the period July 1, 1976
through June 30, 1977 with the
following certified employee or-
ganizations of the City of Dubuque:
Amalgamated Transit Division
#329, International Union of Op.
erating Engineers, Local #758;
General Drivers and Helper's Un-
ion, Local #421; Dubuque Police-
men's Protective Association; and
WHEREAS, negotiations with
the bargaining organizations have
been conducted in accordance with
the Public Employment Relations
Act, Chapter 20, Code of Iowa,
1975; and
WHEREAS, the parties did
negotiate and reach agreement on
a number of contract issues; and
WHEP.EAS, impasse was reached
between parties on other issues;
and
WHEREAS, in accordance with
the Public Employment Relations
Act the impasse issues were sub-
mitted to the fact-finder, who was
appointed by the Public Employee
Relations Board; and
WHEREAS, the fact-finder sub-
mitted his recommendations to the
City. and to respective parties on
February 26, 1976; and
WHEREAS, the certified bar-
gaining organizations identified
above held elections and ratified
Special Session, March 8, 1976
105
the recommendations of the fact- Brady, Stackis, Tully, Wertzberger.
finder. Nays-None.
WHEREAS, the Public Employ- February 27 1976
ment Relatio~s Act requires. that Honorable Mayor '
recommendatI?ns of the fact-fInder and City Council
be made publ1c ten days after re- Please find enclosed report from
celpt of report. City Solicitor and City Engineer
NOW, THEREFORE, BE IT RE- on the status of the petition by
SOLVED BY THE CITY COUNCIL Mr. Merwyn Ellis on alley abut-
OF THE CITY OF DUBUQUE, ting his property at 1652 Finley
IOWA, 1) that the City of Dubuque Street as to vacating or chaining
accept the fact-finder's report on I off the alley.
the impasse issues between the It is my recommendation that
City of Dubuque and the above the work proposed in Mr. White's
identified collective bargaining or- I letter should be done and that
ganizations, and 2) that the City I the alley be vacated provided all
Manager be authorized to incor- property owners agree to same.
porate the recommendations of the Gilbert D. Chavenelle
fact-finder into the labor contracts City Manager
along with all other issues agreed
to between the parties and to exe- Councilman Stackis moved that
cute these contracts for the period the communication be received
July 1, 1976 through June 30, 1977. and filed and recommendati?n be
approved. Seconded by CouncIlman
!,assed, approved and adopted Wertzberger. Carried by the fol.
thIS 8th day of March, 1976. lowing vote:
Alvin E. Lundh Yeas-Mayor Lundh Councilmen
Th May"l T 11 J Brady, Stackis, Tully, Wertzberger.
Ri:~;~ Wer~b~rg:;: Nays-None.
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Marc:l 5, 1976
Honorable Mayor
and City Council
I bring to your attention that
there have been repeated occur-
rences at Noel's Tap located at
24th and Central, in which the
police department has been in.
volved.
The situation has not improved
and I request permission to notify
the licensee that a hearing will be
conducted by the City Council at
Council meeting on March 22 for
the purpose of revoldng the liquor
license.
For your information, I attach
a copy of a letter from Chief
O'Brien.
March 5, 1976
Honorable Mayor
and City Council
I bereby submit to you the City
of Dubuque, Iowa, Accountants Re-
ports, Financiai Statements and
Supplementary Data, REVENUE
SHARING FUNDS, Acco"nt No. 16-
2-031-007 for the eighteen month
period ended June 30, 1975 as re-
ceived from the State Auditor.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication and report
be received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Gilbert D. Chavenelle
City r.Janager
Counncilman Tully moved that
the communication be received
and filed and the request be
granted. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Notice of Claim of Mrs. Freda
Bott, in the amount of $194.00, for
personal injuries received in a
fall on a gravel covered sidewalk
at 3rd & Iowa Streets on February
12, 1976, presented and read. Coun-
cilman Wertzberger moved that
the Notice of Claim be referred to
the City Solicitor for proper pro-
ceedings. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Notice of Claim of Mrs. Rolan
Rutledge, of 2190 Green Street, in
an undetermined amount, for ex-
pense incurred due to the backup
of the sanitary sewer into her
home as the result of city em-
ployees blowing out a sewer line
on February 26, 1976, presented
and read. Councilman Wertzberger
moved that the Notice of Claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Richard Henschel re-
questing the installation of two
street lights on June Drive west
of Valentine, presented and read.
Councilman Stackis moved that the
petition be referred to the City
Manager and Electrical Inspector
for investigation. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Richard Ring, re-
questing a refund in the amount
of $25.00, on the unexpired cigar-
ette license No. 751, discontinued
business on February 25, 1976,
presented and read. Councilman
Stackis moved that the refund be
granted and the City Auditor di.
rected to issue proper warrant.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Phillip R. Love, re-
questing a refund of $25.00, on the
unexpired portion of cigarette
License No. 779, discontinued busi-
ness on March 5, 1976, presented
Special Session, March 8, 1976
and read. Councilman Stackis
moved that the refund be granted
ar.d City Auditor directed to issue
proper warrant. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 68.76
RESOLUTION ESTABLISHING A
CONNECTION CHARGE FOR THE
SANITARY SEWER CONSTRUCT.
ED BY JOSEPH HEFEL IN GAR.
NET STREET, BETWEEN JACK.
SON STREET AND CENTRAL AV.
ENUE
WHEREAS, the City Engineer
has mspected the same and the
City Manager has accepted said
sewer; and
WHEREAS, the City Engineer,
under said ordinance has filed
with the City Council a certified
statement showing ail the amounts
paid in connection with the con.
struction of said sewer.
NOW, THEREFORE, BE IT R~
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section I. That hereafter any
person or persons desiring to con-
nect with said sewer shall first
appiy to the City Manager for per-
mission to do so and such permis-
sion shail be granted upon condi-
tion that the applicant shall pay
to the City Treasurer for the ac-
count of the Garnet Street sanitary
sewer a connection charge of $3.36
per foot.
Section 2. That the following
properties will pay the above pro-
rated connection costs.
16 lots each having a frontage
of 46 feet numbered as follows:
Lot numbered 58 through 73
inclusive in Linehan Park Ad.
dition.
Passed, adopted and approved
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Staclds
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
106
Special Session, Marcb 8, 1976
107
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(A Resolution Accepting Improve-
ment)
RESOLUTION NO. 70-76
February 25, 1976
Honorable Mayor
and City Council
The construction of the Fifth
Street Parking Lot has been sub-
stantially completed in accordance
with plans and specifications by
Tschiggfrie Excavating Company
of Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
FINAL ESTIMATE
RESOLUTION NO. 69.76
WHEREAS, the contract for the
Fifth Street Parking Lot has been
completed and the City Manàger
has examined the work and filed
his certificate stating that the
same has been completed accord.
ing to the terms of the contract,
plans and specifications and rec.
ommends its acceptance, now
therefore,
BE IT HESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Parking Fund
in amount equal to the amount of
his contract, less any retained per.
centage provided for therein.
Passed, adopted and approved
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Staclds
Councihnen
WHEREAS, the contract for the
construction of the Fifth Street
Parking Lot has been completed
and the City Engineer has sub-
mitted his final estimate showing
the cost thereof including the cost
of estimates, notices, inspection,
and preparing the assessment and
plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$29,179.55.
That None of the cost thereof
shall be assessable upon private
property and $29,179.55 shall be
paid from the Parking Fund of the
City of Dubuque.
Passed, adopted and approved
this 8th day of March 1976.
Alvin E. .Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Staclds
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded
by Councilman Wertzberger. Car.
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice to
contractors for construction of 8"
Sanitary Sewer on East Side of
J.F_K. Road, presented and read.
Councilman Stackis moved that
the proof of publication be receiv-
ed and filed. Seconded by Council-
man Tully. Carried by the follow.
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays-None.
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
~-----
March 4, 1976
Special Session, March 8, 1976
108
Honorable Mayor
and City Council
Pursuant to your instructions,
sealed proposals were received un-
til 10:00 A.M- C.S.T., Thursday,
March 4, 1976 for the extension
of the 8" sanitary sewer on the
east side of John F. Kennedy Road.
The low bid was submitted by
Tschiggfrie Excavating Company
of Dubuque, Iowa with a bid of
$5,450.80. This is 4.4% over the
Engineers Estimate.
I recommend that the contract
for this extension be awarded to
Tschiggfrie Excavating Company.
Gilbert D- Chavenelle
City Manager
Counciluman Stackis moved that
the communication be received and
filed. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 71.76
WHEREAS, sealed proposals
have been submitted by contractors
for the John F. Kennedy Road
Sanitary Sewer Extension pursuant'
to Resolution No. 41-76 and notice
to bidders published in a newspa-
per published in said City on
February 19, 1976 and February
26, 1976; and
WHEREAS, said sealed proposals
were opened and read on March
4, 1976, and it has been determin-
ed that the bid of Tschiggfrie Ex-
cavating Company of Dubuque,
Iowa in the amount of $5,450.80
was the lowest bid for the furnish-
ing of all labor and materials and
performing the work as provided
for in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Tschiggfrie Excavating Com-
pany and the Manager be and he
is hereby directed to execute a con.
tract on behalf of the City of Du.
buque for the compiete perform-
ance of said work.
BS IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccess-
ful bidders. ,
Passed and adopted this 8th day
of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Staclds, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 72.76
AUTHORIZING PUBLICATION OF
NOTICE OF AN ENVIRONMENT-
AL REVIEW FINDING FOR THE
PURCHASE OF CLEARED LAND
IN THE DOWNTOWN URBAN RE.
NEWAL PROJECT, IOWA R.15
WHEREAS, the City of Dubuque
under date of May 5, 1975, entered
into a Grant Agreement with the
U.S. Department of Housing and
Urban Development, providing for
financial assistance to the City un-
der Title I of the Housing and
Community Development Act of
1974; and
WHEREAS, pursuant to such
Agreement, the City proposed to
undertake certain projects which
require environmental review; and
WHEREAS, an environmental
review has been processed in ac-
cordance with the rules and regu-
lations as promulgated by the
U.S. De)Jartment of Housing and
Urban Development for the pur-
chase of cleared land in the Down-
town Urban Renewal Project, Iowa
R-15; and
WHEREAS, an Environmental
Review Committee has after due
consideration made a determina-
tion that the above identified proj-
ect is not a major Federal action
significantly affecting the quality
of human life; and
WHEREAS, the Environmental
Review Record for the Project
must be made available for public
Special Session, March 8, 1976
inspection for a specified period
of time; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section I. That the City Clerk be
and he is hereby authorized and
directed to publish a Notice of
Finding of No Significant Effect
on the Environment for the Project
identified as tbe purchase of clear.
,ed land in the Downtown Urban
Renewal Project, Iowa R-15, and
to make the Environmental Review
Record for tbe Project available
for public inspection. Such notice
shall be in the form of Exhibit
"A" attached hereto and made a
part hereof.
Section 2. That the City of Du-
buque hereby declares its intent to
adopt a resolution on April 13,
1976, authorizing the submission
of a request to the U.s. Depart-
ment of Housing and Urban Devel-
opment for the release of funds
authorized under Title I of the
Housing and Community Develop-
ment Act of 1974, to undertake the
Project.
Passed, approved and adopted
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the environmental
procedures for the Community De-
velopment Block Grant Program,
the City of Dubuque has prepared
a Notice of Finding of No Signifi-
cant Effect on the Environment
for a Project identified as the pur-
chase of cleared land in the Down.
town Urban Renewal Project, Iowa
R-15, to be undertaken under Ti-
tle I of the Housing and Commun-
ity Development Act of 1974.
The City of Dubuque has found
that the Project has no signifi-
cant effect on the environment
based on the following facts and
reasons.
1. Assessment of the nature,
magnitude, and duration of any
109
adverse and positive impacts;
2. Consideration of alternativ~s
to the Project, commitment of re-
sources, known views òf local
groups, measures which can be
instituted to lessen potential ad-
verse impacts' and to enhance the
environment;
3. No loss of unique environ-
mental resources;
4. No irreversible development
trends;
5. A minimum occurrence of ad-
verse effects that cannot be
avoided; and
6. No impacts on properties pos-
sessing historical, . archaeological,
architectural, or culture signifi.
cance.
The City of Dubuque has made
an Environmental Review Record
for the Project, and has placed
this record on me in the office of
the City Clerk in City Hall, 13th
and Iowa Streets, 'Dubuque, Iowa.
The Environmental Record is
available for examination and may
be copied between 8:00 A.M. and
5:00 P.M. daily except Saturdays,
Sundays and holidays.
No further ,environmental re-
view of the project is proposed
to be conducted, and the City of
Dubuque intends to request the
U.S. Department of Housing and
Urban Development to release
funds authorized by the Housing
and Community Development Act
of 1974 for the project.
Comments may be submitted to
the City of Dubuque until 12:00
noon, Wednesday, March 31, 1976,
addressed to Alvin E. Lundh, Ma-
yor of the City of Dubuque, City
Hall, 13th and Iowa Streets, Du-
buque, Iowa 52001.
Dated and Published March 9,
1976.
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilmau Tully. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 73.76
WHEREAS, the City Council of
the City of Dubuque, Iowa has in-
stituted a Rehabilitation Commis-
sion for the purposes of improv-
110
Special Session, March 8, 1976
ing the quality of life in the cen-
tral city, and thereby guarantee-
ing its economic viability; and
WHEREAS, the City Council of
the City of Dubuque, Iowa has
provided funds through Commun-
ity Development to assist hous-
ing rehabilitation; and
WHEREAS, the City Council of
the City of Dubuque, Iowa wishes
to foster encouragement for such
rehabilitation from and through
public and private organizstions.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the City Coun-
cil of the City of Dubuque, Iowa
does and hereby commends the
Dubuque County Historical Socie-
ty for its program of recognition
of privately restored homes.
Section 2. Thst the City Coun.
cil of the City of Dubuque, Iowa
wishes to express its sincere ap-
preciation for the efforts of the
Dubuque County Historical Socie-
ty towards making Dubuque a bet-
ter community.
Passed, approved and adopted
this 8th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 74-76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, 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
Delores Elliott, d/b/a Corner Tap,
2093 Washington St.
Passed, adopted and approved
this 8th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 75.76
WHEREAS, applications for Liq.
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
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
Delores Elliott, d/b/a Corner Tap,
2093 Washington Street
Passed, adopted and appproved
this 8th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, March 8, 1976
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
There being no further business,
Councilman Tully moved to ad-
journ the meeting to Wednesday
evening, March 10, 1976, at 7:00
o'clock P.M. Seconded by Council.
man Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council.
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Leo F. Frommelt
City Clerk
Adopted ......................................1976
Approved ....................................1976
................................................................
................................................................
................................................................
................................................................
"""""""""""""""""""""'ëÖ~~cli;;:'-;;~
Attest: .................................................
City Clerk
111
-
112
Adjourned Special Session, March 10, 1976
CITY COUNCIL
OFFICIAL
Adjourned Special Session,
March 10, 1976.
Council met at 7:00 P.M. (C.S.T.)
Present - Mayor Lundh, Coun-
cilmen Brady, Stackis, Tully,
Wertzberger. City Manager Gil-
bert D. Chavenelle.
Mayor Lundh read the call and
stated this is AN ADJOURNED
SESSION OF THE MEETING OF
MARCH 8, 1976 RELATIVE TO
CONTINUED CONSIDERATION
OF ADOPTION OF A RESOLU-
TION AUTHORIZING THE FIL-
ING OF AN APPLICATION FOR
A COMMUNITY DEVELOPMENT
BLOCK GRANT FOR THE CITY
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
Communication of Community
Development submitting a pro.
posed budget for activitIes to be
funded in the second year of the
Community Development Block
Grant Program, presented and
read. Councilman Brady moved
that the communication be re-
ceived and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Communication of Community
Development Commission submit-
ting minutes of their meeting of
March 9, 1976, presented and read.
Commissioner Donald Meyers ad-
dressed the Council relative to the
minutes, stating Engineering and
construction costs be incorporated
into the Program; Confused as to
lighting and earmarking money in
a contingency until proper plans
can be made. Suggesting sale of
property from Urban Renewal
land come into Community Devel-
opment Fund.
Councilman Tully moved that
the minutes of Community Devel-
opment Commission be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas - Mayor Lundh, Council.
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 76.76
Authorizing the filing of an ap-
plication for a Community De.
velopmentBlock Grant for the
City of Dubuque.
WHEREAS, tbe City of Dubuque
is entitled to participate in the
Community Development Block
Grant Program authorized under
the provisions of Title 1 of the
Housing and Community Develop.
ment Act of 1974; and
WHEREAS, the City of Du-
buque has prepared an applicatIon
for such participation in accord-
ance with the policies and proce-
dures as prescribed by the U.S.
Department of Housing and Urban
Development; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section I, That the application
for participation in the Commun-
ity Development Block Grant Pro.
gram is hereby approved, and the
Mayor of the City of Dubuque is
hereby authorized and directed to
execute the application on behalf
of the City of Dubuque.
Section 2. That the Director of
the Department of Community De-
velopment is hereby authorized
and directed to submit in the re-
quired number of copies, the exe-
cuted application to the U.S. De-
partment of Housing and Urban
Development and other appropri-
ate agencies together with such
other documents evidencing the
approval and authorizing the exe-
cution and implementation of such
application as may be required.
Passed, approved and adopted
this 10th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution and that ap-
plication contain revised program
Adjourned Special Session, March 10, 1976
by placing the lIght program in
contingencies. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Tully, Wertzberger.
Nays - Councilmen Brady,
Staclds.
113
There being no further business,
Councilman Wertzberger moved to
adjourn. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Leo F. Frommelt
City Clerk
Approved ....................................1976
Adopted ......................................1976
............................................................
............................................................
............................................................
............................................................
............................................................
Councilmen
Attest:
..............................
City Clerk
- -~
114
Special Sesesion, March 22, 1976
Special Sesesion, March 22, 1976
115
CITY COUNCIL
OFFICIAL
Special Session, Merch 22, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present-Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz.
berger, City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
atated that service thereof had
been duly made and this meeting
is called for the PURPOSE OF AP.
PROVING THE ISSUANCE OF
$1,700,000. SOLID WASTE DIS.
POSAL REVENUE BONDS OF
THE DUBUQUE METROPOLITAN
AREA SOLID WASTE AGENCY
and acting upon such other busi-
ness as may properly come before
a regular meeting of the Council.
Communication of Iowa Depart-
ment of Environmental Quality
submitting two mineral analysis
reports of the raw water samples
collected from City owned wells,
persented and read. Councllman
Tully moved that the communica-
tion be received and filed. Second-
ed by Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting construction permit of
sewer extension, JFK Rd., East
Side, presented and read. Coun-
cilman Tully moved that the com-
munication be received and filed.
Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality,
addressed to Councilman Staclds,
a p pro v i n g Intergovernmental
Agreement creating the Dubuque
Metropolitan Area Solid Waste
Agency pursuant to Authority of
Section 28E.I0 of the Code, pre-
sented and read. Councilman Tully
moved that the communication be
received and filed. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting construction permit for
300' 6" Water Main on Richard's
Road, presented and read. Coun-
cilman Tully moved that the com.
munication be received and filed.
Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Dubuque
Building & Construction Trades
Council submitting the name of
Don Redding for consideration on
vacancy on Board of Adjustment,
presented and read. Councilman
Brady moved that the communi.
cation be received and filed and
referred to Council. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Communication of Airport Com-
mission submitting minutes of
their meeting of March 11, 1976,
presented and read. Councilman
Tully moved that the minutes be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Donald C.
Meyers, Sec'y-Treas. of Dubuque
Metropolitan Area Solid Waste
Agency requesting the Council to
set aside monies in the 1977 bud-
get for engineering studies for an
energy recovery system for the
County and City, presented and
read. Councilman Tully moved
that the communication be re-
ceived and filed and referred to
Council. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Communication of Rehabilita-
tion Commission Chairman, Walter
Holl, informing the Council of
three vacancies on the Commis-
sion and requesting the Council
to fill the positions immediately,
presented and read. Councilman
Tully moved that the communica-
tion be received and filed and re-
ferred to Council. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 77.76
Restructuring the RehabilitatIon
Commission of the City of Du.
buque.
WHEREAS, pursuant to Resolu-
tion No. 280-75 adopted under
date of July 28, 1975, there was
established a Rehabilitation Com-
mission of the City of Dubuque to
perform and provide certain ser.
vices in the field of community
development as it related to the
conservation, preservation and reo
habilitation of the housing stock
of the City of Dubuque; and
WHEREAS, membership on the
Rehabilitation Commission includ-
ed representation from each bank
and each savings and loan asso-
ciation maintaining an office for
the transaction of business in the
City of Dubuque; and
WHEREAS, it has not proved
practicable to include such repre.
sentation on the Rehabilitation
Commission, now therefore:
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
SECTION I. That subsection A
of Section II entitled "Member-
ship" of the Rehabilitation Com-
mision, as it heretofore existed,
be and the same is hereby re-
pealed, and the following new sub-
section substituted therefore.
"The Rehabilitation Commission
shall have a membership of not
less than thirteen persons, who
shall be appointed by the City
Council of the City of Dubuque
for terms of three years. Four of
the initial appointments shall be
for a one-year term, four of such
appointments shall be for a term
of two years, and the balance of
such appointments shall be for a
term of three years. Upon comple-
tion of their term of office, memo
bers may continue to serve in
their full capacity until a succes.
sor has been duly appointed and
qualified as provided herein."
Section 2, That that portion of
subsection C of Section II entitled
"Membership" which presently
reads:
"1. One each from each bank
and each savings and loan
association maintaining an
office for the transaction of
business in the City of Du.
buque."
as it heretofore existed be and the
same is hereby repealed.
Passed, adopted and approved
this 22nd day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Staclds
Councilmen
Attest:
Leo F. Formmelt
City Clerk
Councilman Brady moved adop.
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz.
berger,
Nays-None.
Communication of Robert Hoh-
mann suggesting the installation
of at least three major bicycle
routes in the City or separate
lanes for bike riders, presented
and read. Councilman Staclds
moved that the communication be
received and filed and referred to
City Manager and Recreation De-
partment. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
man Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Communication of Playground &
Recreation Commission submitting
minutes of their meetings of
March 8th and 15th, 1976, pre-
sented and read. Councilman
Stackis moved that the minutes be
received and filed. SecQnded by
116
Special Sesesion, March 22, 1976
March 11, 1976
Special Sesesion, March 22, 1976
117
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.-
berger.
Nays-None.
Proof of publication, certified to I
by the Publisher, of Notice of Lo-
c:¡tion and Design approval by
Iowa DOT from the Federal High-
way Administration for recon-
struction of Jackson Street from
12th St. to 32nd St., presented and
read. Councilman Stackis moved
tpat the proof of publIcation be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.-
berger.
Nays-None.
Communication of State Depart-
ment of Public Instruction advis-
ing of the Children's Summer Food
Program providing for reimburse-
ment of meals, presented and read.
Councilman Wertzberger moved
that the communication be re-
ceived and filed and referred to
City Manager. Seconded by Coun-
cilmn Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
March 11, 1976
Honorable Mayor and
Members of the City Council
I have approved the following
bond and policy and desire to
have your approval of same.
Sidewalk Bond Continuation
Certificate
Heitzman Construction Co. $1000
Bond No. 932726 to 4-30-76, Uni-
versal Surety Co.
General Liability Policy
Dubuque Stone Products Co. et al
Policy No. GA 788888 to Janu-
ary 3, 1977, Bituminous Casual-
ty Corporation.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed and approved. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council.
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Honorable Mayor
and City Council
I am returning the petition of
Richard Henschel for street lights
on June Drive.
The area has been investigated
by the electrical inspector and it
is recommended that two 175 watt
mercury vapor fixtures be in-
stalled on wood poles at the fol-
lowing locations:
1. On easement west property
line of Lot 6 of Block 1
2. On easement between Lot 3
and Lot 2, Block 1
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be reo
ceived and filed and request ap-
proved. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.-
berger.
Nays-None.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of March
17, 1976, presented and read. Coun-
cilman Stackis moved that the
minutes be received and filed.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.-
berger.
Nays-None.
Communication of Housing Com-
mission submitting minutes of
their meeting of March 16, 1976,
presented and read. Councilman
Stackis moved that the minutes be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
March 19, 1976
Honorable Mayor and
City Council
By your instruction, the City of
Dubuque Planning and Zoning
Commission has held a public
hearing on a proposal to extend
the OR-1 Office Residence District
into portions of the C-4 and H-I
Districts lying south of 14th St.,
east of White Street, north of 12th
Street, east of Washington Street
from 12th to 13th Street and east
of Pine Street from 13th Street
to 14th Street, all as shown on
the attached map- The original
petition in this matter, as well as
later letters and petitions voicing
objection to the proposal are at-
tached for your review.
You should note that the Com-
mission has considered this mat-
ter at. two sessions of a public
hearing and has made a field in-
spection of the area. After these
considerable deliberations, a mo-
tion was made to recommend ap-
proval of a two-year, interim re-
classification with exemption of
all properties currently in use or
purchased for commercial pur-
Poses (consistent with the Iowa
Supreme Court ruling of 1971 for
the larger neighborhood to the
north). The vote on this motion
was three in favor two opposed
with one abstention and the
Chairman not voting. You may re-
call that the Zoning Ordinance No.
March 16, 1976
Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, Finance Di-
rector, Health Department, Water
Superintendent, and a list of
claims paid, for the month of Feb-
ruary 1976.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality is-
suing a permit to Richard Hensch-
el to construct a sanitary sewer in
Timber Ridge Addn. Blocks 4 and
5, presented and read. Councilman
Tully moved that the communica-
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following .vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None
32-75 provides that a substantial
zoning reclassification does not
stand approved by the Planning
and Zoning Commission with less
than a three-fourths affirmative
vote. Lacking the necessary five
affirmative votes, the motion to
approve did not carry so that the
matter now stands before you
with an official recommendation
to deny the request.
City of Dubuque Planning
and Zoning Commission
Daniel Dittemore
Development Planner
Councilman Brady moved to sus.
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.-
berger.
Nays-None.
John J. "Hank" Waltz read and
presented the following communi-
cation.
In August or September of
1975, this Council put into law a
Zoning Ordinance for the City of
Dubuque. This Ordinance contains
specific wording on procedures to
be followed after receiving a re-
quest for rezoning. This procedure
was inserted into the Zoning Ordi-
nance to protect the interest of
the petitioner and objectors of the
petition alike and this is the way
it should be.
It is my contention that the
Planning and Zoning Commission
by not following these procedures
set forth in the Zoning Ordinance
of 1975, did give to this Council
their approval for the request
from us to rezone 5'h blocks from
Commercial and H-I to OR-1 Clas-
sification.
To furnish proof, through offi-
cial documents to sustain my rea-
soning, I would like to offer to
this Council for your considera-
tion and action the following:
On November 24, 1975, I ap-
peared before this Council with a
petition for rezoning for 5'h blocks
in the Washington Neighborhood.
On December 17, 1975, 22 days
later, I appeared before the Plan-
ning & Zoning Commission. On
J:¡nuary 21, 1976, the Planning &
Zoning Commission set a public
-
118
Special Sesesion, March 22, 1976
hearing on our request for Feb-
ruary 18, 1976. On February 18,
1976, half way through the pub-
lic hearing, it was called off and
continued until the 17th of March,
1976, in which the Commission
voted 4 to 2 in favor of the re-
quest which is not enough for ap.
proval. I would like to refer this
Council to Section 8-102.1 of the
Zoning Ordinance which states a
failure by the Commission to act
within 60 days following receipt
of the proposed amendment, shall
constitute Commission approval
thereof.
The conclusion I reach is that
our request was presented to this
Body on November 24, 1975 which
was referred to Planning & Zon-
ing. Their final action came on
March 17, 1976, which is 113 days
later,. (action should have been
taken by January 24, 1976), which
is 53 days longer than the law a1.
lows.
It is my belief that the Council,
the Commission and the Staff
should follow the same laws as is
required of the Citizens of Du-
buque. I ask this Council to
change the Commission's refusal
to one of approval as is required
by law.
John J. "Hank" Waltz
Councilman Brady moved that
the communication presented and
read by John J. "Hank" Waltz be
received and filed and be made a
matter of record. Seconded by Ma-
yor Lundh. Carried by the follow-
ing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
Councilman Stackis moved that
the communication submitted by
the Planning & Zoning Commis-
sion be received and filed and re-
ferred for proper proceedings.
Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Dubuque Hu-
man Rights Commission submit-
ting minutes of their meeting of
March 11, 1976, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote: '
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
March 17, 1976
Honorable Mayor and
Councilmen
On March 29, 1974, City of Du-
buque was served with Original
Notice of an action commenced
by John C. Wagner and Mary
Wagner, husband and wife, against
Elmer Erner and the City of Du-
buque, Iowa, which action was
filed in the District Court of Du-
buque County, Iowa, and said ac-
tion was filed in pertinent counts
against the City of Dubuque, Iowa
asking for damages in the amount
of $50,000.00 for the plaintiff, John
C. Wagner, and damages in the
sum of $10,000.00 for the plain-
tiff, Mary Wagner.
The claim arose out of an inci-
dent that occurred on or about
December 28, 1973 when the plain-
tiff, John C. Wagner, was walldng
from the northwest corner from
18th and Elm Street to the south.
west corner at 18th and Elm and
as he was traversing the intersec-
tion, a car operated by the de-
fendant, Elmer Erner, made a left
hand turn and the plaintiff, being
fearful of a collision, jumped out
of the way and claims that as a
result of the accumulation of ice
and snow thereat. He fell and
broke his ankle, and suffered a
fracture of the tibia and fibula of
the left leg and the plaintiff, Mary
Wagner, claims damages by rea-
son of loss of consortium resulting
from the injuries to the plaintiff,
John C. Wagner.
The matter was referred to the
City Attorney on April 2, 1974,
and appropriate defenses were
made thereto and the matter was
scheduled for trial on the 23rd
day of February 1976 at which
time an offer of settlement was
made to the City of Dubuque of-
fering to settle the matter in the
sum of $3,000.00 for the City's
share.
The plaintiffs have offered to
settle for the total sum of
$15,000.00 of which the City is
Special Sesesion, March 22, 1976
119
asked to contribute the sum of
$3,000.00.
I have made an investigation of
this matter and have interposed
the appropriate defenses and it is
my opinion that on this cause of
action a jury question could very
well be generated and, according-
ly, it is the recommendation of
the City Attorney's office that the
offer of settlement be accepted
in the amount of $3,000.00.
Accordingly, the City Attorney's
office request permission and au-
thority to confess judgment in fa-
vor of American States Insurance
Company, insurer of Elmer Erner,
defendant, and Elmer Erner in the
sum of $3,000.00 together with
the legal rate of interest at 7%
from the 26th day of March, 1976
and that the City Attorney be au-
thorized and directed and empow-
ered to do any and all things nec-
. essary and incidental to the set-
tlement of said litigation.
Copy of original notice with pe-
tition attached is herewith reo
turned.
R. N. Russo
City Attorney
Councilman Staclds moved that
the communication be received
and filed and recommendation of
settlement be approved. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Notice of suit of Rose Linden
vs. Gerald E. Miller & City of Du-
buque, in the amount of $22,563.00,
for personal injuries received in
a fall on a defective sidewalk at
2417 Rbomberg Ave. on Septem-
ber 20, 1975, presented and read.
Mayor Lundh moved that the No-
tice of Suit be referred to the
City Solicitor for proper proceed-
ingS. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Staclds. Tully, Wertz-
berger.
Nays-None.
Notice of Claim of Mrs. Carol
Carpenter, in an undetermined
amount, for personal injuries reo
ceived in a fall on an icy side-
walk at 2932 Ehn St. on January I
26, 1976, presented and read. Ma-
yor Lundh moved that the Notice
of Claim be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas - Mayor Lundh, Council.
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
AN ORDINANCE creating and
establishing a Central Market, the
display and sale of merchandise
and food thereon, prohibiting the
display of food on streets and side.
walks elsewhere in the City, ap-
pointing a Market Master and de-
fining the authority and duties of
the Market Master and repealing
Ordinance No. 23-52, Ordinance
No. 38 and Ordinance No. 207, and
prescribing penalties for violation
thereof, presented and read. Coun.
cilman Stackis moved that the Or-
dinance be referred back to the
Health Department for explana-
tions and changes. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lllndh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
A request by Mayor Lundh to
discuss an Ordinance relating to
certified survey plat for improve-
ments on all properties including
Single Family as a condition of
an occupancy permit was present-
ed and discussed. Mayor Lundh
moved that the Ordinance be re-
ferred to the Building Code Board
of Appeals for recommendation
and study. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Petition of United Cerebral Pal-
sy of Dubuque requesting permis-
sion to conduct a Bike-A-Thon
within the City Limits on May 1,
1976, presented and read. Council-
man Staclds moved that the peti-
tion be referred to the City Man-
ager for consultation with the
group involved and City Manager
directed to report back to Council.
Seconded by Councilman Brady.
Carried by the following vote:
120
Special Sesesion, March 22, 1976
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
Petition of Dubuque Sports Un-
limited Inc. requesting a meeting
with the Council after a City
Council meeting, not to ask for
financial assistance but looking
for suggestions and hoping to es-
tablish a board to help alleviate
some problems, presented and
read. Councilman Tully moved that
the petition be received and filed.
Seconded by Councilman Wertz.
berger. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Tully, Wertzberger.
Nays-Councilman Stackis.
Petitions of objection to pro-
posed annexation of Frank J. Fin-
eel, Yvonne R. Buelow et al Union
Park, J.F.K. Rd. area (132 sign-
ers); Ed. Tschiggfrie et al (109
signers), Peru Rd. area; Elaine
Sawvell et al (53 signers), Peru
Rd. Area; Tom Wittel'holt et al
(34 signers), Peru Rd. area; Arden
Esslinger et al (41 signers) Bar-
ony Woods area; Robert Kahle et
al (13 signers) Robinhood Drive
area; and Al J. Westhoff et al (120
signers) Cedar Cross Road area,
presented and read. Councilman
Stackis moved that the petitions
be referred to the Public Hearing
to be held on annexation. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Petition of James Schwers by
Attorney Norby, requesting a re-
fund of $1;5.00, being the differ-
ence between amount paid and
the correct filing fee for a rezon-
ing request, presented and read-
Councilman Tully moved that the
petition be referred to the Plan-
ning & Zoning Commission for ex-
planation and report. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
bergeI'.
Nays-None.
Petition of Gerald L. Guy et al
(22 signers) objecting to annexa-
tion of a parcel of land adjoining
Peg-O-Mesa Sub., presented and
read. Councilman Wertzberger
moved that the petition be re-
ceived and filed and referred to
Council. Seconded by Councilman
Tully. Carried by the follòwing
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Petition of Memorial Day Com-
mittee requesting permission to
conduct a Memorial Day Parade on
May 31, 1976, presented and read.
Councilman Stackis moved that
the petition be approved subject
to finai approval of the City Man-
ager. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
Petition of James A. Aird et ux
requesting vacation and purchase
of a lot abutting their property
at 645 N. Burden St., presented
and read. Mayor Lundh moved
that the petition be referred to
the City Manager. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas -'- Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
bergeI'.
Nays-None.
Petition of Girl Scout Senior
Troop #59 Little Cloud Council
requesting official sanction to rep-
resent the City while in Me'lico
City from July 7 to 19, 1976, pre-
sented and read. Councilman Tully
moved that the request be grant-
ed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Mayor Lundh read and signed
a proclamation designating Girl
Scout Senior Troop #59 Little
Cloud Council as "Official City
Representatives" while in Mexico
City.
Petition of Dubuque County His-
torical Society requesting consid-
eration to preserve some of the
cast iron light fixtures in the Cen-
tral Ave. area iu addition to mod-
ern lighting, presented and read.
Special Sesesion, March 22, 1976
:121
Councilman Brady moved that the I Section 3. That the City Clerkòe
petition be received and filed and, and he is herby authorized and di-
referred to the 4th Street Neigh- . rected to attest said Agreement as
borhood Coordinating Body and City Clerk and to transmit exe-
to the Community Development' cuted copy of said Amendment to
Department. Seconded by Council- ¡ Agreement together with certified
man Tully. Carried by the follow- copy of this Resoiution to Dubuque
ing vote: Metropolitan Area Solid Waste
Yeas - Mayor Lundh, Council- Ægency in care of R. N. Russo, at-
man Brady, Stackis, Tully, Wertz- torney-at-law, 236 Fischer Building,
berger. Dubuque, Iowa, 52001.
Nays-None. Passed, approved and adopted
Petition of Phillip R. Love re- this 22 day of M.arch, 1976.
questing a refund of $211.25 on AlvIn E. Lundh
unexpired portion of Beer-Liquor Mayor
License No. C-3004, discontinued T~lOmas A. Tully Jr.
business on March 2, 1976, pre- Richard Wertzberger
sented and read. Councilman Ja~es E. Brady
Stackis moved that the refund be EmIl Stac~ls
granted and City Auditor directed Councllmen
to issue proper warrant. Seconded Attest:
by Councilman Tully. Carried by Leo.F. Frommelt
the following vote: CJty Clerk
Yeas - Mayor Lundh, Council- AMENDMENT
men Brady, Stackis, Tully, Wertz- TO
bergeI'. DUBUQUE METROPOLITAN AREA
Nays-None. SOLID WESTE AGENCY
SOLID WASTE SERVICE
AGREEMENT
BETWEEN THE AGENCY AND
THE CITY OF DUBUQUE
(MEMBER)
WHEREAS, an Agreement was
made and entered into on the 2nd
day of February, 1976, between the
City of Dubuque, Iowa, a corporate
body, hereinafter designated as the
"City" and the Dubuque Metro-
politan Area Solid Waste Agency
hereinafter designated as th~
"Agency"; and
WHEREAS, the parties hereto
have determined that in order to
serve the best interests of the par-
ties hereto that said Agreement,
dated February 2, 1976, should be
amended:
THEY DO NOW THEREFORE
stipulate and agree as follows:
1. That the Agreement made and
entered into on the 2nd day of
February, 1976, between the City
of Dubuque, Iowa, a corporate
body, hereinafter designated as the
"City" and the Dubuque Metro-
politan Area Solid Waste Agency,
herinafter designated as the "Ag-
ency"be and the same should be
amended by striking subsection 2
of Section 106 from said Agree-
ment and providing for a new sub-
section 2 of Section 106 from said
RESO'LUTION NO. 78-76
WHEREAS, the City of Dubuque,
Iowa has heretofore entered into a
Service Ægreement between the
City of Dubuque, Iowa and the Du-
buque Metropolitan Area Solid
Waste Agency, dated February 2,
1976; and
WHEREAS, the parties hereto
desire to amend said Agreement in
order to affectuate the intent of
the parties;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Service
Agreement heretofore entered into
by and between the City of Dubu-
que Metropolitan Area Solid Waste
Agency, dated Fehruary 2, 1976 be
and the same is hereby amended
by striking subsection 2 of Section
106 and enacting a new subsection
2 of Section 106 in lieu thereof as
set out in Exhibit "A" hereto at-
tached and 'by reference made a
part hereof as though fully set
out herein.
Section 2. That the Mayor be
and he is hereby authorized and
empowered to execute said Amend-
ment to Agreement for and on be-
half of the City of Dubuque, Iowa.
Special Sesesion, March 22, 1976
Agrement and providing for a new by and between the parties hereto,
subsection 2 of Section 106 in lieu dated February 2, 1976, in all re-
thereof as follows: spects is herewith confirmed and
"Section 106. ratified except as herein amended.
2. The Agency shall prepare a CITY OF DUBUQUE, IOWA
budget based on the fiscal year BY. Alvm E. Lundh, Mayor
ending June 30th of each year or Attest:
as may be established by the state Leo F. Frommelt,
of Iowa, at least four months pre- City Clerk
ceding the beginning of the budget DUBUQUEME1ImOPOLITAN
year showing the estimated ex- AREA SOLID WASTE
penditures for operation and main- AGEJNCY
tenance, debt service requirements By: Emil Stackis, Chairman
and reserves for the year. Copies Attest:
of said annual bud¡;et sh~ll be sent By: Donald C. Meyers, Secretary
to each Me,?ber wIthm .flfteen. (1~) Councilman Stackis moved adop-
dars after Its preparahon. ~Ithm tion of the resolution. Seconded by
th~rty (3O) days ~fter receIpt of Councilman Tully. Carried by the
saId budg~t th~ Cl~y or any Mem- following vote:
ber m~y flie <>bJectlOns and request Yeas - Mayor Lundh, Council-
a hearmg on such budget. If such men Brady Stackis Tully Wertz-
a hearing is requested, the Agency berger' , ,
shall schedule such he~ring within Nay~ - None.
ten (10) days of receIpt of such .., .
request and shall give at least one Proof of PubhcatlO'n, cerh~led to
week's públished notice of the by the Pubhsher, of Nohce ?f
time and place of hearing. At said Meetmg for Issuance of Sohd
hearing any Member or user Shall Waste Revenue. Bonds, pr~sented
have the' right to appear and ex- and read. Councllman St~cklS mov-
plain his objections both orally ed that the pro~f of pubhcatlOn be
and in writing. At the conclusion of receIved and flied. Se~onded by
the hearing the Agency may make CouncIlman Tully. Carried by the
the changes determined by the followmg vote: .
hearing or may adopt the budget Yeas-Ma~or Lundh, Councllmen
as originally proposed. Said an- Brady, Stackls, Tully, Wert.berger.
nual budget shall be divided into Nays - None-
qua r t e r I y requirements. The RESOLUTION NO. 79-76
amounts due to the Agency from
the City under this secUon shall RESOLUTION approving the is.
be based upon the budgeted suance of $1,700,000 Solid Waste
amounts for the preceding fiscal Disposal Revenue Bonds of the
year, except that for the fiscal Dub u q ue Metropolitan Area
year 1976-1977 it shall he based Solid Waste Agency.
upon t.he actual budgeted amounts WHEREAS the City of Dubuque,
fo~ saId year. The amount to be Iowa and Dubuque County, Iowa,
pa¡d by each member for each have heretofore entered into an
q.uarter shall be reduced propor- Intergovernmental Agreement pur-
tionately by the amount of rev- suant to the provisions of Chapter
enues colle~ted . by the Age~cy 28E of the Code of Iowa, 1975, as
for the Project m the precedmg amended, for the purpose <>f creat-
quarter. Suc.h quarterly payments ing the Dubuque Metropolitan
shall be paId no later than the Solid Waste Agency; and
fIfth day of each January, each
April, each July and each October. cr::~~~~~he t;~rp~~e~?pro~~~
For the fiscal year, commenc- ing the City and the County with
ing July 1, 1976, the City shall the economic transport, processing
commence the above specified and disposal of solid waste pro-
quarterly payments on January I, duced or generated within the Cíty
1977 and shall advance the Agency and the County; and
the sum. of $50,000.00. The Agency WHEREAS in order to pay the
shall rClmburse the advance from cost of the Sanitary Landfill Site,
t!,e s~rpIus fund account o,:er ~he necessary improvements thereto
fIrst fIVe (5) years of operatlOn. and equipment therefor, the Ag-
2. That the contract entered into ency Board has determined that
122
Snecial Sesesion, March 22, 1976
123
it is necessary to authorize and
issue $1,700,000 Solid Waste Dis-
posal Revenue Bonds of that Agen-
cy, such bonds to be payable solely
and only from rates, fees and
charges to be paid by the City and
the County to the Agency for solid
waste disposal services, funds for
which are to be derived from rates
and charges imposed and collected
by the City and the County and
paya.ble by residents, property own-
ers and businesses for solid waste
disposal services made available
within the corporate limits of the
City and the County; and
WHEJREAS under the provisions
of Section 28F.3 of the Code of I
Iowa, 197'5, as amended, the power
of the Agency to issue said revenue
bonds may not be exercised until
authorized by a resolution or ordin-
ance duly adopted by each of the
public agencies participating in the
Intergovernmental Agreement and
there has been presented to this
City Council a resolution entitled
"A Resolution authorizing the ac-
quisition and construction of a
Sanitary Landfill Site, improve-
ments thereto and equipment
therefor by the Dubuque Metro-
politan Area S<>lid Waste Agency
and authorizing the issuance of
Solid Waste Disposal Revenue
Bonds in a principal amount of
$1,700,000 to finance the cost
thereof and providing for the I
rights, remedies and security of Honorable Mayor
the holders of said bonds," which and City Council
the Agency Board will adopt at The attached resolution is an
the time and place fixed for the amendment to Resolution Number
hearing on the issuance of these 54-76 establishing the connection
bonds; fees for the Asbury Sewer line
NOW,THEREFORE, Be It Re- from the flow measuring station
solved by the -City Council of the on Radford Road to the twelve
City of Dubuque, Iowa, as follows: inch Catfish Creek Interceptor
Section I. That the proposed Sewer. '. .
resolution to be adopted by the The orlgmal resolutlOn passed
Agency Board of the Dubuque on the 23rd day of F.ebr,:,a~y, 1976
Metropolitan Area Solid Waste contamed an error m hstmg the
Agency referred to in the pre- lots involved in the connection
amble hereof and entitled "A Reso- charge. This amendment to that
lution authorizing the acquisition resolution restates and corrects
and construction of a Sanitary those lots. .
Landfill Site, improvements there- GUbe~t D. Chavenelle
to and equipment therefor by the CIty Manager
Dubuque MetropoUtan Area Solid Councilman Wertzberger moved
Waste Agency and authorizing the that the communication be receiv-
issuance of Solid Waste Disposal ed and filed. Seconded by Coun-
Revenue Bonds in a principal cUman Tully. Carried by the fol-
amount of $1,700,000 to finance lowing vote:
the cost thereof and providing for Yeas---'Mayor Lundh, Councilmen
the rights, remedies and security Brady, Stackis, Tully, Wertzberger.
of the holders of said bonds" be Nays-None.
and the same is hereby approved
in all respects.
Section 2. That the City CouncU
of the City of Dubuque, Iowa,
hereby authorizes the issuance of
the aforesaid bonds by the Agency
Board of the Dubuque Metropolitan
Area Solid Waste Agency.
Section 3. That all resolutions
or parts thereof in conflict here-
with he and the same are hereby
repealed and that this resolution
become effective immediately up-
on passage and approval.
Passed and approved ,March 22,
1976.
Alvin E. Lundh
May<>r
Thomas A. Tully
Richard Wertzberger
James E. Brady
Emil Staclds
Councilman
Attest:
Leo F. Frommelt,
City Clerk
Recorded March 22, 1976.
Leo F. Frommelt,
City Clerk
Councilman St3ckis moved adop-
tion of the resolution. Seconded by
Councilman Tully. 'Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Staclds, Tully Wertzberger.
Nays-None.
March 16, 1976
124
Special Sesesion, March 22, 1976
RESOLUTION NO. 80.76
Resolution Amending the Con.
nection charge established by
Resolution No. 54.76 for the
twelve (12) inch vitrified tile
Sanitary Sewer from the As.
bury flow measuring statio'n
on Redford Road to the twelve
(12) inch Catfish Creek Inter-
ceptor Sewer,
WHEREAS, the City of Dubuque
and the Town of Asbury entered
into an agreement dated July 24,
1973 for the construction of a
twelve {12) inch sanitary sewer
system to serve the Town of As-
bury, and
WHEREAS, the sanitary sewer
from the Asl>ury flow measuring
station on Radford Road to the
twelve (12) inch Catfish Creek In-
terceptor Sewer has ,been com-
pleted and been placed into op-
eration, and
WHEREAS, the firm of cullen,
Kilby, Carolan and Associates have
inspected same, and have certified
to the Town of Asbury that said
sewer was completed substantially
in accordance with plans and
specifications, and
WHEREAS, the Town of Asbury
has certified that their local cost
of constructing said sewer was
$29,584.63, and
WHEREAS, the City of Dubuque
has made payment to the Town of
Asbury in the amount oi $7,026.50
as a contribution' toward land ac-
quisition and easements, and
WHEREAS, Section 10 of the
aforementioned Agreement states
that a connection charge shall be
established to reimburse the Town
of Asbury for their local costs of
the construction.
NOW, THEREFORE, be it reo
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 oi Dubu-
que, Iowa,for permission to do
so, and such permission shall be
granted upon condition that the
applicant shall pay $96.00 per acre
to the City Treasurer of Dubuque
for the account of the Town of
Asbury, Iowa, as a connection
charge. Said connection charge
shall be payable prior to provid-
ing sanitary sewer service to the
following described property:
The west one-half of the south-
east quarter of Section 20, also
called Mineral Lot 401; Lot 2 oi
northeast quarter of the southeast
quarter of Section 20; the south-
west quarter of the northeast quar-
ter of Section 20; the northeast
quarter of the southwest quarter
of Section 20; and the southeast
quarter of the southeast quarter of
Section 20; all in Township 89
North, 'Range 2 East of the 5th
P.M. in Dubuque County, Iowa.
This Resolution is not to be con-
strued to mean that the property
owner is relieved of any applicable
connection charges due under
Resolution No. 38-71.
Section 2. Any applicant who
desires to serve his property by
connecting to said sewer, which
property is not within the corpor-
ate limits of the City of Dubuque,
Iowa, shall annex the same to the
City of Dubuque, Iowa, voluntar-
ily, as a condition precedent to
such connection.
Section 3. Nothing in this Reso-
lution shall be construed to exact
any charge for the extension of
said sewer by the City of Du-
buque, Iowa, or its permUtes.
Section 4. That the City Clerk of
the City of Dubuque, Iowa, be and
he is hereby authorized and direct-
ed to record a certified copy of
this Resolution in the office of the
County Recorder of Dubuque Coun-
ty, Iowa.
Section 5, That Resolution No.
54-76 adopted and approved by
the City Council on the 23rd day
of February, 1976, which estal>lish.
ed the connection charge on the
sewer be and the same is hereby
repealed and cancelled and is of
no further force or effect.
Passed, adopted, approved this
22nd day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
'Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Wert.be.ger moved
adoption of the resolution- Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
March 15, 1976
Special Sesesion, Marcb 22, 1976
125
Honorable Mayor
and City Council
The attached agreement is an
amendment to the Federal Aid
agr-eement for the reconstruction
of Jackson Street. The original
agreement, dated January 26, 1976,
provided for the reimbursement of
70 percent of the construction cost
of the project.
The amendment to. this agree-
ment provides for 70 percent re-
imbursement of engineering costs
involved in the inspection and ad-
ministration of the project, in ad-
dition to the construction reim-
bursement.
Gilbert D. Chavenelle
City 'Manager
Councilman Staclds moved that
the. communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas--;Mayor Lundh, Councilmen
Brady, StackiS, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 81-76
Resolution Authorizing Execu.
tion of an Amendment to
Agreeme'nt Number 75-F-074
dated January 26, 1976, be.
tween the City of Dubuque,
Iowa, and the Iowa Department
O<! Transportation relating to
the Reconstruction of Jackson
Street from 12th Street to Dia.
mond.
'BE IT RESOLVED that the May-
or and City Clerk be and they are
here'by authorized and directed to
execute the amendment to agree.
ment number 75-F-074, two copies
of which are attached, relating to
the reimbursement of engineering
costs of the reconstruction of
Jackson Street from 12th to Dia-
mond.
Passed, approved, and adopted
this 22nd day of March, 1976..
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully Wertzberger.
Nays-None.
A Resolution recognizing a
neighborhood organization for
membership on the Community
Development C<!mmission, known
as Hili Street Neighborhood Assn.,
presented and read. Councilman
Brady moved that the resolution
be referred back to the Commun-
ity Development Commission for
further study and request that a
petition be forwarded to Council
representing 50% of eligible voters
in the area. Seconded by Council-
man Wertzl>erger. Carried by the
following vote:
Yeas---"MayorLundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
RESOLUTION NO. 82.76
Endorsing Week O<! May 15,
1976 to May 23, 1976 'and en.
tire Month of Mayas "Beauti.
fy DUbuque Week and Month"
WHEJREAS, 'May 1-5, 1976 to
May 23, 1976 has been designated
as "Beautify Dubuque Week," and
the entire month of May has ,been
designated as "Beautify Dubuque
Month'" and
WHEREAS, such project has
called upon the vast personal re-
sources of the inhabitants of this
community to respond in maldng
such event a success; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, does
wholeheartedly endorse said civic
effort; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, desires
to go on record in commiting its
spiritual assistance to the end that
said project may enjoy a citywide'
acceptance and participation; now
therefore
BE it RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
Dubuque, IOWA:
Section I. That the City Council,
City of Dubuque, does hereby pro-
claim the wek of May 15, 1976 to
May 23, 1976, inc1usive, as "Beau-
tify Dubuque Week" and that it
does hereby designate and estab-
lish the month úf Mayas "Beauti-
fy Dubuque Month."
Section 2. That the City COuncil,
City of Dubuque, urges every citi-
zen and inhabitant of this cOmmun-
-'---- ----
126
Special Sesesion, March 22, 1976
ity to join in this worthwhile proj-
ect and to participate in this com-
munityevnt to the end that each
one may take a vital share in the
beautification of this community.
Section 3. That the City Council,
City of Duhuque, does formally go
on record in commiting its spirit-
ual support to this vast community
effort, and encourages all inhabit-
ants of this community t<> lend
whatever assistance is necessary to
make this effort of nati<>nwide sig-
nificance.
Passed, .adopted and approved
this 22nd day of March, 1976.
Alvin E. Lundh
May<>r
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
'by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
RESOLUTION NO. 83-76
. BE IT RESOLVIDD by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, he granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Nicholas John Kass, d/b/a L & E
Tavern, 500 Rhomberg Ave.
A.R.A_Service-University of Du-
.buque Student Union, 2050 Uni-
versity Ave.
A.RA. Service-University of Du-
buque peter Commons Dining
Room, 2050 University Ave.
Passed, adopted and approved
this 22nd day of March 1976-
Alvin L. 'Lundh
'Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. -Brady
Emil Stackis
Councilmen
Attest:
Le<> F, Frommelt,
City Clerk
Councilman Stackis moved ad-
option <>f the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yea8---'Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO'. 84-76
WHEREAS, appilcationsforBeer
Permits hav'ebeen submitted to
this Council for approval and the
same have been examined;
NOW THEJREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications ,be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PE'RMIT
Nicholas John Kass d/.b/a L & E
Tavern, '500 Rhomberg Ave.
CLASS "C" BEER PERMIT
Thomas M. Astgen d/b/a Oky Doky
#11, 1101 Rhomberg Ave.
Earl Edmund Schumacher d/h/a
Oky Doky Foods #5, 2204 Cen-
tral Ave.
Will'Co Inc. d/,b/a Oky Doky Food
#10, 805 West 5th St.
Thomas J. Manternach d/b/a Ter-
race Heights Store, 4001 Peru
Road
William John White d/b/a Hill-
crest I.GA. Foodliner, 1993 As-
-bury Rd.
Passed, adopted and approved
this 22nd day of March 1976.
Alvin E. Lundh,
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved ad-
option of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas---'Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 85-76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
SpeciaL Sesesion, March 22, 1976
received the approval of this
Council; and
WHEJ!Œ'AS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances <>f this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa that
the . Manager be authorized to
cause t<> be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Nicholas John Kass d/b/a L & E
Tavern, 500 Rhomberg Ave.
CLASS "C" ¡BEER PERMIT
Thomas M. Astgen d/h/a Oky Doky
#11, 1101 Rhomberg Ave.
Earl Edmund Schumacher d/b/a
Oky Doky Foods #5, 2204 Cen.
tral Ave.
Will-Co Inc. d/b/a Oky Doky Food
#10, 805 West 5th St.
Thomas J. Manternach djob/a Ter-
race Heights Store, 4001 Peru
Road
William John White d/b/a Hill-
crest I.G.A Foodliner, 1993 As-
bury Road
Passed, adopted and approved
this 22nd day of March ,1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop"
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-INone.
RESOLUTION NO. 86-76
WHEREA:S, 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 <>Í
the City of Dubuque, Iowa, that
the following applications be ap.
proved and Licenses issued upon
127
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th Genral As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Alice H. Erschen d/b/a Benny's
Steak House (Also 'Sunday Sales),
2617 University Ave.
Fraternal Order of Eagles #568
{Also Sunday Sales), 1175 Cen-
tury Drive
Kathleen L. Wedig d/,b/a Kay's
Tap, 1399 Jackson street
Passed, adopted and approved
this 22nd day of March 1976.
Alvin E.Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
'City Clerk
Councilman 'Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully- Carried .by the
follo.wing vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
RESOLUTION NO, 87-76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval <>f this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Alice H. Erschen d/b/a Benny's
Steak House (Also Sunday Sales)
2617 UnIversity Ave-
Fraternal Order of Eagles #568
Also Sunday Sales) H7'5 Century
Drive
,.
'128
Special Sesesion, March 22, 1976
CLASS "B'" BEER PERMIT
Kathleen L. Wedig d/b/ a Kay's Tap
1399 Jackson Street
Passed, adopted and approved
this 22nd day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas-'Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertz1>erger.
Nays-None.
Attomey Peter Klauer repre-
senting Mr. Winsor made an ap-
peal for a beer license to ,be is-
sued to 'Mr. Winsor, as a renew.
able applicant at the Bunker Hill
Golf Course and referred the Coun.
cil to Code section 123 of the Iowa
Liquor Control Act. ,Mr. Richard
B. Winsor made a personal appeal
for the issuance of a beer license
to him at the Bunker Hill Golf
Course. Police Chief O'Brien stated
that he could not recommend issu-
ing a license to Mr. Winsor when
there is a strong possibility of in-
termingling ,of funds of Bunker
Hill with those of another opera-
tion downtown that Mr. Winsor is
involved in. The Police Chief reg-
istered strong objection that a City
function, such as Bunker Hill,
should subsidize an operation of
that nature, characterized as a
focal point of operation of a ques-
tionable nature. He would not
discuss the matter any further due
to a pending court case.
RESOLUTION NO. 88.76
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFO'RE 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
Ordinances of the City.
Richard B. Winsor Bunker Hill
Golf Course (Also Sunday Sales)
Bunker Hill Road
Passed, adopted and approved
this 22nd day of March 1976.
Mayor Lundh moved adoption
of the resolution. Seconded by
Councilman Wertzberger. Vote on
the Motion was as follows:
Yeas-Mayor Lundh, Councilman
Wertzberger.
Nays-Councilmen Brady, Stack-
is, Tully.
MOTION FAILED.
RESOLUTION NO. 89.76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have re-
ceived the approval of this Coun.
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "IB" BEER PERMIT
Richard B. Winsor d/b/a Bunker
Hill Golf Course '(Also- Sunday
Sales) Bunker Hill Road
Passed, adopted and approved
this 22nd day of March 1976.
-Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Wertzberger. Vote on the
Motion was as follows:
Yeas-Mayor Lundh, Councilman
Wertz1>erger.
Nays-Councilmen Brady, Stack-
is, Tully.
MOTION FAILED.
At 11:05 P.M. Councilman Tully
moved to go into Executive Ses-
sion to consider a personal matter.
Seconded by Councilman Staclds.
Carried hy the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Couucil Reconvened in Regular
Session at 11:50 P.M.
Special Sesesion, March 22, 1976
129
There being no further business,
Councilman Tully moved to ad-
journ. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-JNone.
Leo F. Frommelt
City Clerk
Approved .............-......................1976
Adopted ......................................1976
............................................................
............................................................
............................................................
............................................................
""""ë~~;:;~ïi;;;:~;:;""""""""""""""'"
Attest: ..................................................
City Clerk
...
-
Special Session, March 29, 1976
18, 1976, presented and read. Coun-
cilman Tully moved that the min-
utes ,be received and filed. Second-
ed by Councilman Stackis., Car-
ried by the following vote:
Yeas-Mayor Lundh,Councilmen
Brady, Staclds, Tully, Wertzberger.
Nays-None.
Communication of The Western
Casualty & Surety Company and
Western Fire Insurance Company
submitting a certified copy of Pow-
er of Attorney for Jim George,
presented and read. Councilman
Stackis moved that the communica-
tion .be r.eceived and filed. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of John Tomkins
of 223,1 Graham Circle objecting
to production of aluminum cans;
all bottles should be r.eturnable;
aiso should be a law against pol-
luting lakes and rivers, presented
and read. Councilman Stackis mov-
ed that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Proof of PuÞlication, certified
to by the publisher, of List of
Receipts and Disbursemnts for the
month of February, 1976, present-
ed and read. Councilman Stackis
moved that the proof of publica-
tion be received and filed. Second-
ed ,by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
130
CITY COUNCIL
OFFICIAL
Specla,1 Session, Ma.rch 29, 1'176.
Council met at 7:30 P.M. (C.S,T.J
Present-Mayor Lund", Council-
men Brad¥, Stackls, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of consid-
ering adoption of an Ordinance.
creating a'nd establishing a Central
Market and acting upon such other
business as may properly come be-
fore a Regular Meeting of the
Council.
Communication of Mrs. Chris-
tine Zimmer, representing retired
and poor people groups, wishing to
address the Council on Proposed
Water Rate Increases, presented
and read.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by councilman
Tully. Carried by the following
vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Mrs. Zimmer addressed the
Council and read a statement in
reference to proposed water rate
increases. Councilman Stackis mOv-
ed that the communication be re-
ceived and filed. Seconded by
Councilman Tully. Carried Þy the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Mrs. Dulane
Schoen of 2180 Coates Street sub-
mitting suggestions relative to the
proposed city budget and escalat-
ing costs, presented and read.
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dubuque
Transit Trustee Board suÞmitting
minutes of their meeting of March
March 26, 1976
Honorable Mayor
and City Council
I have approved filing of the
following continuation certificates
and wish to have your approval of
same.
Sidewalk Construction Bonds
M. P. Kluck & Sons Inc., U.S.
Fidelity & Guaranty Co., $1,000.
from 4-8-76 to 4-8-77
Patrick T. O'Dowd, United Fire &
Casualty Co. $1,000. from 4'1-76
to 4-1-77
Gilbert D. Chavenelle,
City Manager
Special Session, March 29, 1976
131
Councilman Stackis moved that
the communication be received and
filed and filing apþroved. Sec-
onded by Councilman Wertzberger.
Carried 'by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Board of Dock
Commissioners requesting permis-
sion to exercise responsibility rela-
tive to companies occupying city
streets and property in the market
slluare area and near petralds
Park with the goal in mind to
either sell the property or secur-
ing rental monoies, presented and
read. Councilman Wertzberger
moved that the communication be
received and filed and approved.
Seconded .by Councilman Tully.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wert.berger.
Nays~None.
Cbmmunication of Board of
Dock Commissioners submitting
amendment to Flynn Ready Mix
Concrete Co. lease for purpose of
complying to Iowa Code as to
publication of notice of a lease
for more than three years and re-
questing Council approval to final-
ly execute the lease, after proper
procedings have been complied
with, presented and read. Coun-
cilman Stackis moved that the
communication be referred for
proper proceedings. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Board of Dock
Commissioners submitting form of
lease with the Dubuque County
Conservation Society for purpose.
of complying to Iowa Code as to I
publication of notice of a lease
~or more than three years and
requesting Council approval to
finally execute the lease,' after
proper proceedings have been
complied with, presented and read.
Councilman 'Stackis moved that the
communication be referred for
Proper proceedings. SecOnded by
Councilman Brady. Carried by the
following vote:
Yeas-,Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
March 25, 1976
Honorable Mayor
and City Council
The City of Dubuque has ,been
invited to re-apply for a fedral
planning assistance grant through
the HUD-701 Program. We are in-
formed of Our eligibility to request
a grant of not more than $10,000
for fiscal year 1977, and that the
grant may be available to us on 'a
1/3 local-2/3 fedral matching basis.
The City of Dubuque is cur-
rently receiving funds through
this program in a cooperative ad-
ministrative arrangement with the
East Central Intergovernmental
Association. We propose to con-
tinue this relationship in FY 1977.
We also propose to furnish the
local matching share through cone
tribution of already~budgeted staff
time, and would use the grant
[unds to retain our Draftsman
(CETA) position through the fiscal
Year.
The HOD program requires that
701 funds be used for certain cOm-
prehensive land-use and housing
planning activities. At our 'budget
work session, we had reported our
interest in undertaking these work
itelDs in our 1977 Plan of Action.
Receipt of the grant funds would
permit us to sustain the additional
staff position and to accelerate
our work program. for land-use
planning and capital improvements
programming, at no additional ex-
pense to our city budget.
We hereby request your author-
ization to make preliminàry appli-
cation for the 701 grant. We are
not assured of grant approval at
this time, but would return to you
with a grant contract and work
program, for later acceptance, if
our pre-application is successful.
Daniel Dittemore
Devlopment, Plann:er
Councilman Stackis moved that
the communication be received and
filed and request be approved.
Seconded by Councilman Wertz-
berger. Carried by tl1e following
vote:
Yea......Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
Communication of East Central
Intergovernmental Ass'n. address-
ed to Mayor Lundh, advising that
they have completed the neçe~'
-.
132
Special Session, March 29, 1976
sary A-95 Review of the Commun-
ity Development Block Grant Pro-
gram and recommending that the
City, Project Concern, and the area
on Aging meet to discuss needs,
presented and read. Councilman
Stackis moved that the communica-
tion 'be referred to the Commun-
ity Development Department. Sec-
onded by Councilman Tuily. Car-
ried by the following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
imbursed as Mr. Norby has reo
quested.
We also propose that forthcom-
ing Ordinance amendments include
a clarification that a "substantiai
reclassification" will require 'a
fifty Dollar filing fee plus payment
of all direct expenses for hearing
notices, should a hearing be con-
vened. We feel that this would
clarify the Ordinance according to
the Council's directive of 1975.
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received and
fiied and refund of $35.00 be ap-
proved and City Auditor directed
to issue proper warrant. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-Wone.
March 26, 1976
Honorable Mayor
and City Council
The Schwers request for partial
rebate of his zoning application
fee has been referred to this of-
fice. We herewith submit our re-
port and recommendation.
The rebate request was filed ,by
Attorney Norby on behalf of Mr.
Schwers. Mr. Norby's request is
based on an interpretation of the
Zoning Ordinance provisiolns in
Section 8-103.2, which define a
"substantial reclassification" and
which may be interpreted to com-
pel the Commission and Council to
hold a public hearing. Mr. Norby's
request for reimbursement appar- I
ently rests on the point that no
public hearing was held, and there-
fore no substantial cost was in-
curred by the city.
We had argued, and the Solicit-
or had agreed, that nothing could
compel the Commission or Council
to convene a public hearing on a
fundamentally inappropriate zon-
ing request, ordinance interpreta-
tions notwithstanding. The Solicit-
or also urged that the provisions
of Section 8-103.2 should be
amended to correct the implication
that a hearing could be mandated
by a petitioner. This correction
amendment is in preparation.
You should also be aware that
our survey of staff effort made in
response to the original petition,
for research, property inspection,
map preparation, and the like in-
dicates a direct expense some-
what less than the fee paid- Be-
cause of this, but principally be-
cause of the acknowledged insuf-
ficiency of the procedural provi-
sions of the Ordinance, we recom-
ment that the fee be partially reo
March 26, 1976
Honorable Mayor
and City Council
The attached explanation and
the reworked Farm Market Ordi-
nance is hereby suhmltted to yO\!
for your kind consideration.
In Section 4 (Market Stalls, Per-
mits) we have tentatively retained
the $15.00 annual market fee. This
was based primarily on our explan-
ation but is completely subject to
your approval. If an increase is
the mandate of the Council, this
section will be changed to meet
your requirements.
If you have any questions in
regard to the context of this Or-
dinance, please contact Mr. Rex
Brammer, City Food and Restaur-
ant Sanitarian. Mr. Brammer has
been closely associated with the
problems of an expanding market
this past year. He believes that the
Ordinance presented will accomp-
lish the goals for a continuing and
expanding Central Market to the
benefit of the entire community.
Arthur J. Roth, Jr., 'M.P.H.
City Health Administrator
Mayor Lundh moved that the
communication be received and
filed. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
ORDINANCE NO-. 9-76
Special Session, March 29, 1976
133
An Ordinance creating ane! es-
tablishi'ng a Centra'l Market,
the elisplay and sale of merch.
.'ndise and food thereon" pro.
hibiting the display of food
on street and sidewaiks else.
where in the city, appointing a
Market Master and defining
the authority and duties of the
Market Master and repealing
Ordinance 37, Ordinance No.
23.S:!, Ordinance No. 38 and
Ordinance No. 207, and pre.
scribing p-ena,INes for vio-Ia.
tion thereof,
presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of .the Ordinance. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas--Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Stackis moved that
the rule requiring an Ordinance
to be received and fiied at two
meetings prior to the meeting
when final action is taken, -be dis-
pensed with. Seconded by Council-
man Wertzberger. Carried by the
foilowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 9.76
AN ORDINANCE CREATING AND
ESTABLISHING A CENTRAL
MARKET, THE DISPLAY AND
SALE OF MERCHANDISE AND
FOOD THEREON, PROHIBITING
THE DISPLAY OF FOODS ON
STREETS AND SIDEWALKS ELSE-
WHERE IN THE CITY, APPOINT-
ING A MARKET MASTER AND
DEFINING THE AUTHORITY
AND DUTIES OF THE MARKET
MASTER AND REPEALING, OR-
DINANCE 37, ORDINANCE NO.
23-", ORDINANCE NO. 38 ",d
ORDINANCE NO. 207, AND PRE-
SCRIBING PENALTIES FOR VIO-
LATION THEREOF-
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITy OF DUBUQUE, IOWA,
SECTION 1. CENTRAL MARKET.
Th" th, pmpmy of th, Chy of Dubuqu,
,d¡",nt to th, City H,U, t08"h" with
,uth P"" of th, moo" 'nd "dow,Ik,
lot",d within th, "" bound,d by th,
'outh "d, of Elmnth St"". th, no"h
,id, of Thi""nth Sm", th, W"t ,id,
of C'nt"i Avonu, ,nd th, "" ,id, of
M,in St"", 'nd ,u,h di"'n", on low,
St"" botwoon Thi""mh ",d Fou"oonth
St"'t on both ,id" th",of " m,y b,
""""'y fot th", "'nd"d 'uto p"king
,tOn"~ ,h,U 'on"itu" ,nd b, known" th,
C,nt,,1 M"ktt.
SECTION 2. MARKET MASTER.
Th" tb, City Mon'g" i, h",by ,uthot-
ized 'nd di"",d to d"ign", , M"k"
M"", who ,h,U ""bii,h ,nd ""y
out m,h pto"dut". poli,i" ,nd tuI"
td"ing to th, Con",1 M"kot ,nd i"
oPot"iom " '" n""",y to ptovid, fot
""ptobl, "ni",ion 'nd to pto",t th,
pnbli, h"Ith, "f"y ,nd wolf",.
SECTION 3. TRAFFIC REGULA-
TIONS. Th" it ,h,Il b, th, duty of th,
City M,n'g" Ot hi, d"ign" to t""iet
Ot "gub" th, ,id,w,Ik 'nd """ ",ffie
in th, "" of th, C'n",1 M"k" " m,y
b, n""",y to pto"" the publi, h"lth,
"f"y ,nd wolf",.
SECTION 4. MARKET STALLS; PER-
MITS. Th" th, City M,n,s" i, hOtCby
,uthoti"d ,nd di","d to ""bli,h
'P"" fot ",II, in th, "n",1 M"ket
" m,y be nee""ty ,nd to i"ue p"mitt
fot th, Ute of 'u,h ",II,. Th, ,uuu,I fee
fot 'u,h p"mi" ,h,1l b, Fifre'n Doll",
(.11'-00) pot ",II. Th, foc ,h,1l h,
,h"s,d ,nd coll""d " th, tim, of th,
i"u,n" of th, p"mit ,nd p,id ov" to
th, City T""u"t. The f" m,y he ,d-
ju",d horn time to tim, by th, City
M,n,s". with th, 'pptOvol of the City
Council.
SECTION 5. LIMITATIONS ON
MERCHANDISE DISPLAYED OR OF-
FERED FOR SALE; PROHIBITED
MERCHANDISE.
(,) Any p"'on, fitm ü< ,otpo",ion m,y
di,p¡'y, off" fü< "Ie Ot "II on th,
"tOC" 0' ,id,w,lk, of th, Cent,,1
M"k" ponitty, veset,bI", fiow""
b,kety item., 'w, ftni", th""" Ot
"" ,ndlot ",f" whi,h hm been
"i"d, ptodu"d Ot mfred by th,
vendot (excopt ,hee", which mutt b,
p"pmd by , licen"d, in'peered ,hee"
m,king p¡'nt) ,ud which", di'p¡'yed
'nd 'old" , ",II fo, which, p"mit
Iu, been i"ued " ptOvided in S",ion
4 of thi, O,din,n",
(b) No p"'on, fi'm ü< ,otpo",ion ,h,1l
<ii,p¡'y, off" fü< "ie Ot "II 'ny food
Ot m",h,ndi" without fittt hoving
,omplied with th, low, of th, s""
of low, ,,¡'ting to licemins, impee-
tion ,nd "",ion.
(0) Th", ,h,1l b, no "i, of hom,m,de
j,lli", ""up, home "nned veg",bI"
ü< ftni", hom,m,d, burtt"~ milk, 0'
f",h moo", ex"pt fowl which i, ptOp-
,dy i"d 'nd p'ore,red.
(d) B,k"y good" ,u,h " ,ooki", "k",
bre,d ,nd condi". ,nd ,h"", mutt
b, individu,lly w"pped. Soft pi" 'nd
b,k"y good, with 'u""d Ot ""m
typ' filIing' ,h,1l not be 'old Ot of-
f",d fot "ie. All ftui" ,nd veg",bl"
,h,1l be tOoted in cl"n con"in", in
134
Special Session, March 29, 1976
t,ucb °' on ,i"" ,Iong the ",eet 0'
,idew,lk. All food"uff, ,h,ll be pm-
"""cd from exc",ive expo,"" to
fli", du" and oth" ron"min"ion
,nd ,hall be di'pl'yed '° th" th, bot-
tom of the di'pley i, not I". th,n two
fee' abov, the ',"d", of the .idew,lk
°' "'0".
SECTION 6. FOOD DISPLAY. A
m"h, ",II p"mit ,uthod", any pmon,
fi'm oe ,Otpo"tion to di'pley food, °'
,tof" only in the Cont,,1 M"ket "..
" pmvided in So"ion 4.
SECTION 7. INSPECTION OF MER-
CHANDISE. All food Ot food p,odu",
di,pleyed. .old oe off"ed lOt "Ie" tho
Cent,,1 M"ket ,h,ll b, ,"bje" to impoe-
tion by ehe M"ket Mm", oe by the
H"lth O££;", oe hi, deputy. If 'ny food
0' food pmdu" i, found to be unfit foe
human oon,"mption, the M,d"t M,me
°' H..lth Offi", ,h,ll confi""e ,nd
d""oy the food ,nd the pmon di.pleying,
offeting lOt "Ie oe ,dlins ,uGh food ,h,ll
be guilty of , mi,dem..noe.
SECTION s. REVOCATION OF PER-
MIT. In ,ny"" wh"e it i, found eh"
item' di'pleyed. off"ed foe "Ie oe ,old
hm not been "i"d, ptodu"d oe mf"d
by the vendOt, °' h,ve been p,o"",,d,
m,nufaGtu"d oe mf"d by the vendo, in
viol,tion of 'ny City O,din,n" oe p"mit
,s"emene. th, p"mit ,h,ll b, moked.
SECTION 9. WEIGHTS AND MEA-
SURES. Th" the M"k" M"te, ,h,ll
be auehoti"d to te" weigh" ,nd m","'"
med in the Cenml M"ket. The weigh"
,nd m",ue" 'ppmved, ",nd"d¡'ed ,nd
,dopted by th, S"te of low, ,h,ll be the
",nd"d weigh" ,nd me"u", u"d foe
th, "Ie of ,II m",handi" "qui"d to be
'old by weight Ot oth" m"'"" " the
Cenml M"ket. All "I" by weight .h,ll
be by ,voiedupoi. weisht ,nd ,II "I" of
,ommoditi" by m","" ,h,ll be by "'n-
d"d volume ,on"inm. 'p,dfieally. pint,
qua". pock oe bu,hel.
SECTION 10. ACCURACY OF MEA-
SURING DEVICES. The M"ket M,""
,h,ll ptovide foe th, "fekeeping of ,II
,"nd"d, of weiSh" ,nd m","",. The
M"ket M,"". upon wd"en "qu"t of
'ny pmon, fi'm Ot GO,po"tion, ,h,ll te"
'ny weigh" oe mmue". weighioS oe m"-
audng device. oe inmumene oe 'PP""u'
u"d lOt ",nd"d" ,nd m,y ftom time to
time m,ke ,"ch te" " he oe .he doem.
'pptopd,te in o,d" to dm,mine th" the
"qui"men" of thi, Oedin,n" "e beins
complied with. Whet, 'uch oe" i, m,de
upon "qne", the pmon "que"in" ,",h
"",hallp'Y,foeoftwodoll", (12.00).
If the M"ket Ma"" det"min" th" ,ny
weight, m","ee, device, in"enment oe
'pp,,"m i, inrom". it ,h,1l b, "moved
fmm n" ,nd th, °p""oe oe own" ,h,ll
be ,"bje't to ,ny pen,lty 0' foe pmvided
foe by thi. O,din,n",.
SECTION 11. PENALTIES. Any p,,-
,on. fiem oe ,otp""tion who viole", 'ny
.fthe provi.ion, of thi. Ordin,n", ,h,ll,
upon conviction, be fined not to "'oed
One Hund"d Doll". (1l00.00) oe be im-
p",oned foe, p"iod not to exceed thitty
(30) d,y' in j,il:
P,..,d, apptOved ,nd adopted thii 29th
day of MatCh, 1976.
Alvin E. Lundh
M'Yoe
Thom" A. Tully Je.
Rich"d W"tzb"g"
J,m.. E. B"dy
Emil S"ckis
Coundlmen
Att""
Leo F. Fsommelt
City Ci"k
Publ¡'hed offidally in the Toles"ph
H",ld New,p'p" thi. lot d,y of Apdl,
1976. <-
Leo F. Feommelt
City CI"k
It 411
C<>uncilman Staclds moved final
adoption of the Ordinance. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas----'Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger-
Nays-None.
ORDINANCE NO. 10.76
An Ordinance AuthorIzing
James W. Grant to replace r..
tainlng well on Raymond
Place,
presented and read. Councilman
Brady moved that the reading just
had be considered the first read-
ing of the Ordinance. Seconded by
Councilman 1:ully. Carried -by the
following vote:
Yeas...JMayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays----'None.
Councilman Brady moved that
the rule requiring an .ordinance
to-be received and filed at two
me,etin:gs prior to the' meeting
when final action is taken, be dis-
pensed with. Secouded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays---JNone.
ORDINANCE NO. 10-76
AN ORDINANCE AUTHORIZING
JAMES W. GRANT TO REPLACE
RETAINING WALL ON RAY-
MOND PLACE
NOW THEREFORE BE.IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA,
SECTION 1. Th" J,m" W. G"nr "
own" of the p"mi", known" Lot 33
Feo'pect Hill Addition in tbe City of
Special Session, March 29, 1976
Dubuqu" Iowa be. and he is h",by
g"nœd tho "vocable poemit and ,utho,-
ity to con"enet ,nd m,in"in "id "tain-
ing w,ll und" the ee,ms 'nd condition,
," fotth in thi, O,din,n".
SECTION 2. Th" .uch con"'ucdon
,h,ll be done in 'eto,d,n" with pl,n'
h"'tofo" ,ubmieted by p"mi"", and 'p-
pmved by City M,n,s", und" the 'UP"-
vi.ion ,nd di"ction of the City ManaS".
,nd in "'Mdan" with ,II 'pplicable ,tate
and fed",1 l,w. and "guletion" 'nd the
O,dinan", of the City of Dubuque.
SECTION 3. Th" the p"mi..ion hmin
g"need is expe",Iy ,onditioned on P"-
mim.. '."emone to,
,) A..ume 'ny ,nd ,n liability fos d'm-
's" to pmona oe pmp"'y which m,y
,,"ult itom th, exi,ten", location, in-
"allation. con"enction oe maineen,n"
of "id Retaining W,ll;
h) To p'y on beh,lf of rhe City of Du-
bnque ,II 'um, which th" City of Du-
buqne ,han become oblis"ed to p'y by
""on of the li,biliey impo"d upon
the City of Dubuqne foe d,mag" of
'ny kind ","Iting itom the location,
in,"ll,don, exi"en", ron"rn,tion oe
m,ineen,n" of "id R",ining W.ll,
;~~~~de~y b:c~d:n:e:~onoth:i:':::o~~ I
defend" i" own expen" and on
behalf of "id City 'ny d,im 'g,in"
the City of Dubuque ,d,ing out of the
location, instan"ion, existence, ,on-
"enetion oe m,ineen,nce of "id Re-
taining W,ll 'nd to p'y e",onable ,,-
to,"ey fee, ehe"fo"
0) To indemnify ,nd hold City of Dn-
buque f", 'nd h"mle.. fmm 'ny ,nd
,n cl,ims, 1o.., li,bility ,nd expen"
fOt injuei" to thi,d pmon, oe dam-
as" ro ptOpetty of thied pmom, oe
foe d,m'ge to ,ny pmpetty of City of
Dubuque which m,y O"us " , ,,'ult
of os in connection with the loco.
tion, in,"lletion, ,onmu,tion, m,in-
tenance 'nd "pait of the f,dlity,
wo,k os impeovement p"mitted he,,-
in.
SECTION 4. Th" the p"mi..ion he,,-
i. g"need i. exp",dy conditioned upon
p"miete" futth" ageoemenr th" shonld
tho eight 'nd pdvileso h",in g"nted be
""inded os """ked by the City Coun,il,
p"mittee,. °' theis su"",o," in int"e",
" ownm of the ,butting P'Opetty, sh,ll
within ten (10) d,ys ,feet meip" of
w,itten notice ftOm the City M,n'g". so
to do. " ehoie own expen". eomove "id
R,"ining W,ll, " p"mi"", expenae 'nd
d¡'po" of the "mo. 'nd the p"mittee,
sh,ll h,ve no cl,im 'g,in" the <;ity M i"
'gen" fos d,m'g.. e"ultins f,om the
"movai of "id Rminins W,ll.
SECTION '- P"mitte" Goven,nt and
'g", th" the mocable pe"nit h",in
Stanœd do" not ,onaeituee ,n ,ppsov,I of
tbe d"isn, "",ion. location. con"en,tion,
::~'i:aids pe~::::;'h:;eb;f ,;~:~,~:d;~~ I
135
's"" not to """ sn,h cl,im M dden"
's,in't rhe City of Dnbuquo in rho event
of d,im '.."eed foe pmon,1 injud" ,ndl
oe PtOp"ty dam'so 'gain't the peflnitt"
"i,ing out of ne in any w,y connected
with ehe location. in'tall"ion. con"en,-
cion, d"ign, eop"e 'nd m,in"nance of the
facility h",in p"mitted.
SECTION 6. Thi, Oedin,n" ,h,ll be-
'ome effective and rhe dgh" hmund"
a"'ue to J,m" W. G"nt wh,n thi, Os-
din,nce b" been ,dopœd by the City
Conndl ,nd the œsm. ,nd ,ondidon,
thmof ""pted by p"mittees by ,,-
"ptance endo,"ed on this Osdin,n".
P""d, ,ppeoved and ,dopted thi, 29th
d,y of MatCh, 1976.
Alvin E. Lundh
M'yoe
Thom" A. Tully Je.
Rich"d W"tzb"g"
Jam" E. B"dy
Emil S"cki,
Coundlmen
Atte",
Leo F. Feommelr
City Cl"k
ACCEPTANCE OF ORDINANCE NO.
10-76
The undmigned h,ving ",d and being
f,mm" with the teem, and condition, of
Oedin,u" No. 10-76 h",by, fo, him"lf,
hi, """"O" os "sisn" " own" of the
,butdns psop"ty, a"ep" the "me ,nd
ag"" to bo bound by the ,ondition' 'na
as"'men" rh",in ,on"ined to be P'"
loomed by p"mir"e.
Dated M"ch Z9, 1976.
J,m" W. G"nt
Ptop"ty Own"
Publi,hed offid,ny in the Teles"ph
He"ld New'p'pet thi, 2nd day of Apdl
1976.
Leo F. Feommolt
City CI"k
It. 4/2
Councilman Brady moved final
adoption of the Ordinance. Second-
ed -by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
AN ()RDINANCE amending and
changing .ordinance No. 32-15,
known as the "Zoning Ordinance
and Zoning Map of the City of Du.
buque, Iowa," so as to reclassify
hereinafter described properties
bounded on the North by East
14th Street, on the West by White
Street, on the South by East 12th
Street and on the East ,by Wash-
ington Street from the C-4 General
Commercial District to the .oR-l
Office~esidential District cJassifi-
cation; and to further amend Ordi-
nance No. 32-75 by reclassifying
Zoning Commi""ion. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilm€n
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Thruput Terminals
Inc., by Robert Bertsch attorney,
requesting for consent to Assign-
ment of Dock Commission Lease
with Thruput Terminais Inc. to
Conti-Carriers and Terminals Inc.,
presented and read. Councilman
Tully moved that the petition be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger-
Nays-None.
CONSENT OF THE CITY OF DU-
BUQUE, IOWA AND THE BOARD
OF DOCK COMMISSIONERS OF
THE CITY OF DUBUQUE, IOWA,
TO ASSIGNMENT OF LEASE
AGREEMENT AND ALL AMEND-
MENTS THERETO BY THRUPUT
TERMINALS, INC. TO CONTICAR-
RIERS & TERMINALS, INC.
WHEREAS, the CITY O[i' DU-
BUQUE, IOWA, acting by and
through its duly authorized Board
of Dock Commissioners, ("Dubu-
que") has entered into one certain
Lease Agreement with THRUPUT
TERMINALS, INC. ("Thruput"),
dated July 25, 1962; and
WήREAS, said Lease Agree-
ment has, from time to time, been
.amended by Dubuque and Thruput;
and
WHEREAS, Thruput is to be
merged into CONTICARRIERS &
TERMINALS, INC., a Delaware
Corporation, ("Conti Carriers") ef-
fective on or about April 1, 1976;
and
WHEREAS, the Lease Agree-
mentbetween Dubuque and Thru~
put provides, in Paragraph 16
thereof, that assignment shall be
subject to the approval of Dubu-
que and which approval will not
be unreasonably withheld;
NOW, THEREFORE, in consid-
eration ûf the mutual covenants
and -agreements of the City of
Dubuque, Iowa and the Board of
Dock Commissioners of the City
of Dubuque, Iowa, it is agreed as
follows:
I. That the City of Dubuque,
136
Special Sessiûn, March 29, 1976
hereinafter described properti€s
bounded on the North by East 14th
street, on the West by Washing-
ton Street, on the South by East
13th Street and on the East by the
alley lying between Elm street amI
the railroad tracks from the H-I
Heavy Industrial District to the
OR-I Office-Residential District
Classification, presented and read.
Councilmen Brady moved that the
reading just had be considered the
first reading of the Ordinance.
Secûnded by Councilman Tully.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
Councilman Brady moved that
the rule requiring an Ordinance to
he received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Councilman
Tully. Carried by the following
vûte:
Yeas-Mayor Lundh, Cûuncilmen
Brady, Stackis, Tully, Wertzberger.
Nays-N<>ne.
Councilman Brady moved that a
public hearing be held on the Or-
dinance on April 19, 1976 at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required 'by law. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, WertzbOrger.
Nays-None.
Petition <>f John J. Herburger
requesting a change in zoning at
24 Diamond Street from present
Industrial Ciassification to "B"
Classification, presented and read.
Councilman Stackis moved that the
petition be referred to the Plan-
ning & Zoning Commission. Sec-
onded by Councilman Tully. Oar-
ried by the folio-wing vote:
Yeas-JMayor Lundh, Councilmen
Brady, Stackis, Tully, Wert.berger.
Nays-None.
Petition of Dave Unsen request:-
ing denial of any rezoning in the
Kennedy Road area other than B-1
Classification, presented and read.
Councilman Wertzberger moved
that the petition be received and
filed and referred to Pianning &
Special Session, March 29, 1976
Iowa and the Board of Dock Com-
missioners of the City of Dubuque,
Iowa do hereby approve the assign-
ment of the Lease Agreement and
all Amendments thereto with
Thruput to Conti Carriers by the
merger of Thruput into ContiCar-
riers.
2, That all terms and conditions
of the Lease Agreement and all
Amendments thereto shall remain
in full force and effect from and
after the date of said merger.
Dated:
CITY OF DUBUQUE, IOWA
By Alvin E. Lundh
Mayor I
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Fromme1t,
Clerk, City of Dubuque, Iowa
BOARD OF DOCK COMMIS-
SiONERS OF THE CITY OF
DUBUQUE, IOWA
By Wayne A. Moldenhauer
Chairman
William A. Mc Ellhiney
Commissioners
THRUPUT TERMINALS, INC.
By Carl J. Burbach
Its Exec. V.P.
Attest:
Elmer L. Jacobs
President
Councilman Tully moved approv-
al of the lease. Seconded .by Coun-
cilman Wert'berger. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
'Petition of N.W. Bell Telephone
requesting pern:1ission to place a
new manhole at Decorah Street in
the alley between Auburn & Atlan-
tic Streets, presented and read.
Councilman Stackis moved that the
request be granted. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wert.berger.
Nays--None.
Petition of N.W. Bell Telephone
Co- requesting permission to place
a new buried cable east along 16th
Street from the alley east of
J.acksûn Street to Sycamore Street
137
and along Kerper Blvd. from 16th
to the Janiin Plastic Building now
ûwned by the Dubuque Packing
Co., presented and read. Council-
man Stackis moved that the re-
quest be granted. Seconded by
Councilman Tully. Carried by the
following vûte:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
NaYS-None.
Petition of Donald Wertz re-
questing refund of Cigarette Lic-
ense No. 725, in the amount of $25.,
discontinued business On March 11,
1976, presented and read.
Councilman Stackis moved that
the refund be granted and City
Auditor be directed to issue proper
warrant. Seconded by Councilman
Tully. Carried by the following
vote:
YeaS--'Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Donald E. Wertz re-
questing a refund on the unexpir.
ed portion of Class "c" Beer Lic-
ense No. 4097-76, in the amount of
$56.25, discontinued business on
March 11, 1976, presented and
read. Councilman Staclds moved
that the refund be granted and
City Auditor be directed to issue
proper warrant. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 90-76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
examined the joint participation
agreement proposed to be entered
into by and between the Iowa De-
partment of Transportation, an Ag-
ency of the State of Iowa, and the
City of Dubuque Airport COmmis-
sion, and
WHEREAS, said Agreement is
for the purpose ûf providing devel-
opment of th€ Dubuque Municipal
Airport in respect to asphalt over-
iay of three (3) inches .on run-
way 18-36, and
WHEREAS, the City Council,
City of Dubuque, Iowa, has exam-
ined said proposed Agreement and
approves the same.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
.
- -
138
Special Session, March 29, 1976
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the proposed
joint participation agreement by
and between the Iowa Department
of Transportation, an Agency of
the State of Iowa, and the City of
Dubuque Airport Commission, be
and the same is herby approved.
Section 2. That the City of Du-
buque Airport Commission be -and
they. ar<> hereby authorl..d and
empowered to execute said joint
participation agreement for and
on behalf the City of Ðubllque,
Iowa.
Passed, adopted and approved
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Yeas~:Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wert.berger.
Nays-None.
RESOLUTION NO. 91.76
Resolution Approving the Plat
of the Subdivision- of Lot 4 of
Asbu-ry Springs Subdivision
No. I in the City of Dubuque,
Iowa
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, Wert.berger.
Nays-None.
WHEJREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as the
SUBDIV!S[ON OF LOT 4 OF AS-
BURY SPRIDIGS SUBDIVISION
NO.1 IN THE CITY OF DUBU.
QUE, IOWA, by Donald J. Kaiser
and Jo Ann C. Kaiser, Husband
and Wife; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEJREAcS, said plat has been
examined by the City Council and
they find ' that the same conforms
to statutes and ordinances relating
thereto;
NOW, THEREFO'RE, BE IT RE-
SOLVEJD BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the plat of THE
SUBDIVISION OF LOT 4 OF AS-
BURY SPRINGS SUBÐIVISION
NO.1 IN THE CITY OF DUBU-
QUE, IOWA, be and the same is
hereby approved and the Mayor
and City Clerk are hereby author-
ized and directed to endorse the
approval of the City of Dubuque,
Iowa upon said plat.
Pasßed,adopted and approved
by unanimous recorded roll call
this 29th day of March, A.D., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
March 19, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewd the final plat of Lots 1
through 6 of the subdivision of
Lot 4 of "Asbury SprIngs Subdi-
vision No.1" in the City of Du-
buque, Iowa. The subject property
lies at the southeast intersection of
Hillcrest Road and Pasadena Drive.
The CommIssion has found the
plat to be in conformance with the
SubdivIsIon RegulatIons of the City
of Dubuque, Iowa, and recom-
mends your favorable considera-
tion of Lots 1 through 6 of _the
subdivision of Lot 4 of "Asbury
Springs Subdivision No. I."
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Tully moved that
[the commUljicatiOll be received
and filed. Seconded by Council-
man Wertzherger. Carried by the
following vote:
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wert.be,rger.
Nays-'None.
Special Session, March 29, 1976
139
March 25, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Lots I
through 15 of "St. Mary's Place
No.2" in the City of Dubuque,
Iowa, The property lies on the
west side of Chaney Road between
Kane Street and Kaufmann Av-
enue,
The Commission has found that
the plat is in conformance with
the Subdivision Regulations of the I
City of Dubllque and recommends
that the plat be 'approved, subject
to approval by the City Engineer
of a storm drainage plan for the
subject property.
CITY OF DUBUQUE PLANN!ING
AND ZONING CO'MMISSION
Daniel Dittemore
Development Planner
Councilman Tully moved that
the c'ommunication be received and
filed. Seconded by Councilman
Wertzberger. Carried 'by the fol-
lowing vote:
Yeas----"Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wert"oorger.
Nays-None.
RESOLUTION NO. 92.76
RESoIJUTION Approving Plat of
Lots 1 through 1-5 in St. Mary's
Place No.2 in the City of Dubu.
que, Iowa
WHEREAS there has been filed
with the City Cleric a plat in which
the Subdivision of Lot 2 of Lot 1
of Lot 1 of Lot 2 'Of Lot 1 of Lot 3
of St. Mary's Place in the City of
Dubuque, Iowa is platted as: Lots
1 through 15 in St. Mary's Place
No.2 in the City of Dubuque.,
Iowa, and
WHEREAcS said plat has been
examined by the City Plan Com-
mission and had its apP,'oval en-
dorsed thereon; and,
WHEJREAS said plat has been
examined by the City Council and
they find the same conforms t'O the
Statutes and Ordinances relating
thereto;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA.
SectIon I, That the above de-
scriood plat be and the same is
_hereby approved and the Mayor
and Clerk be and they are herelby
authorized and directed to endorse
the approval of the City upon said
pl'at.
Passed, adopted and approved
this 29th day of March, A.iI)., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wert.berger
James E. Brady
Emil Staclds
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-mfayor Lundh, Councilmen
Brady, Staclds, Tully, WertZberger.
Nays-None.
March 29, 1976
Honorable Mayor
For your record, this will con.
firm that the City of Dubuque
Planning and Zoning Commission
has given its consent 'for your ap-
provai for various vacation and
correction plats relating to Lot I
through 29 inclusive, Lot A, In-
wood Avenue and Hawkeye Drive,
all in Hawkeye Estates Subdivision
in the City of Dubuque, Iowa.
You have other correspondence
from us indicating approval of the
Planning and Zoning Commission
of the correction plat of the afore-
said subdivision.
Daniel Dittemore
Development Planner
Councilman Tully moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote: ,
Yeas-'Mayor Lundh, Councilmen
Brady, Stackis. Tully, Wertzberger.
Nays-None.
March 26, 1976
Honorable Mayor
and City Council
The undersigned owners of Lots
1-29, inclusive, Lot A in Hawkeye
Estates, in the City of Dubuque,
Iowa,according to Subdivision
plat dated March 4, 1976, and pre.
pared by Cullen, Kilby, Carolan
and Associates, as shown on the
certificate dated March 5, 1976,
and the ownership Of said Nspeç-
-.
140
Special Session, March 29, 1976
live lots being as shown on cer-
tificate of owners dated March
17, 197'6, do hereby request the
City Council of Dubuque and peti-
tion it to Vacate Plat of Lots 1-29,
inclusive, Lot A, Inwood Avenue
and Hawkeye Drive all in Hawk-
eye Estates in the City of Dubuque,
Iowa, which plat was filed as In-
strument No. 4158-73, and filed on
the 29th day of May, 1973, and
filed as Instruments No. 5388-75,
and filed on the 28th day of July,
1975, for the following reasons:
1. That the petitioners herein be-
low named have caused to be
filed with the City Council a ro-
platting of said Lots 1-29, in-
ciusive, Lot A, Inwood Avenue,
and Hawkeye Drive in Hawkeye
Estates in the City of Dubuque,
Iowa, which is presently pendIng
before your Honorable Body.
2. That at the time of the original
platting of Hawkeye Estates in
1973, and re-fillng thereof in
1975, a discrepancy developed in
the location of certain Lots as
relate to Inwood Avenue, there-
by creating a cloud on the title
of certain lots.
3. Accordingly it is necessary to
vacate the plat hereinabove de-
scribed in order to p-ermit the
replatting of the said property
in accordance with the actual
physical layout of certain lots as
relate to the physical layout of
Inwood Avenue.
4. That the purpose of the vacation
of the plat and the replatting of
said Hawkeye Estates as her-ein-
above mentioned is necessary to
cure and correct a title objec-
tion made covering a portion of
said lots, and in order to make
the lots of said subdivision mer-
chantable.
Wherefore, these petitioners
pray your Honorable Body to va-
c~te the plat of Lots 1-29, inclu-
sive, Lot A, Inwood Avenue, and
Hawkeye Drive all in Hawkeye
Estates in the City of Dubuque,
Iowa, and filed as Instrument No.
4158-73 and filed as Instrument
No. 5388-75-
The Council further is requested
to vacate correction pla't of Lots
6-19 inclusive, in the City of Du-
buque, Iowa, filed September 18,
1973, as Instrument No. 7492-197'3,
as it was an attempt to correct the
situation herein above set out, but
failed to attain the desird purpose.
Wherefore, these petitioners
pray your Honorabie Body to va-
cate the correction plat of Lots 6-
19, inclusive, in Hawkeye Estates
in the City of Dubuque, Iowa, filed
September 18, 1973, as Instrument
No. 7492-1973.
'Respectfully submitted
Bernard F. Hefel '
Adelene C. Hefel
Lawrence T. Hefel
Alice D. Hefel
DUBUQUE SA V1NGS and
LO;\.N ASSOCIATION
By: C. J. Buelow
President
By: Donald D. Garnett
Secretary
Councilman Tully moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Wertz-
berg,er Carried by the following
vote:
Yeas....JMayor Lundh, Councilmen
Brady, Stackis, Tully, Wert.berger.
Nays-JNone.
RESOLUTION NO-. 93-76
WHEREAS, Bernard F. Hefe1
and Adelene C. Hefel, husband and
wife, Lawrence T. He£el and Alice
D. Hefel, husband and wife, and
Dubuque Savings and Loan As-
sociation have petitioned the City
Council to vacate plat of Lo-ts 6-19,
inclusive, and Inwood Avenue all
in Hawkeye Estates in the City of
Dubuque, Iowa and recorded as
Instrument No. 7492-73, filed on
September 18, 1973 in the office
of Dubuque County Recorder; and
WHEREAS, the Planning and
Zoning Commission of the City of
Dubuque, Iowa has consented to
such vacation and has approved
the same; and
WHEJREAS, any interest and
public rights of the City of Du-
buque, Iowa in and to Inwood
Drive would be divested upon va-
cation of said plat as provided for
in Section 409_18 of the 1975 Code
of Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF TIlE CITY OF DUBUQUE,
IOWA:
Section I. That the vacation of
plat of Lots 6-19, inclusive, and In-
wood Avenue all in Hawkeye Es-
tates in the City of Dubuque, Iowa
Special Session, Marcb 29, 1976
141
and recorded as Instrument No.
7492-73 filed on September 18,
1973 in the office of Dubuque
County Recorder be and the same
is hereby approved and said plat
is here-by declared and deemed to
be vacated and that any interest
and public right of the City of
Dubuque, Iowa in and to Inwood
Avenue is hereby acknowledged
as being divested.
Section 2. That the City Clerk
be and he is hereby directed to
cause this Resolution to be record-
ed in the office of the Recorder
in and for Dubuque County, Iowa,
together with copy of vacation pl'at
attached thereto.
Passed, approved and adopted
this 29 day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
enue and Hawkeye Drive would be
divested upon vacation of said plat
as provided for in Section 409.18
of the 1975 Code of Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY .oF DUBUQUE,
IOWA:
Section I. That the vacation of
plat of Lots 1 to 29, inclusive, Lot
A, Inwood Avenue and Hawkeye
Drive, all in Hawkeye Estates, in
the City of Dubuque, Iowa and re-
corded as Instrument No. 4158-73,
filed in the offioe of Dubuque
County Recorder on May 29, 1973
and recorded as Instrument No.
5388-75 filed in July 28, 1975 in
the office of Dubuque County Re"
corder be and the same is hereby
approved and said plat is hereby
declared and deemed to be vacated
and that any interest and pultlic
right of the City of Dubuque, Iowa
in and to Inwood Avenue and
Hawkeye Drive are herby acknowl-
edged as being divested.
Section 2. That the City Clerk
be and he is hereby directed to
cause this Resolution to be record-
ed in the office of the Recorder
in and for Dubuque County, Iowa
together with copy of vacation plat
attached thereto.
Passed, approved and ,adopted
this 29th day of March, 1976.
Alvin E. Lundh
,Mayor
Thomas A. Tully Jr.
Richard Wert.berger
J-ames E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION N'O-. 94-76
WHEREAS, Bernard F. Hefel
and Adelene C. Hefel, husband
and wife; Lawrence T. Hefe1 and
Alice D. Hefel, husband and wife,
and Dubuque Savings and Loan As-
sociation have petitioned the City
Council to vacate plat of Lots 1 to
29, inclusive, Lot A, Inwood Av-
enue and Hawkeye Drive, all in
Hawkeye Estates in the City of
Dubuque, Iowa and recorded as
Instrument No. 4158-73 filed in
the office of Dubuque County Re-
corder on May 29, 1973 and re-
corded as Instrument No. 5388-75
on July 28, 1975 in the office of
Dubuque County Recorder; and
WHEREAS, the Planning and
Zoning Commission of the City of
Dubuque, Iowa has consented to
such vacation and has approved
the same: and
WHEREAS, any interest and
public rights of the City of Du-
buque, Iowa in and to Inwood Av-
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
AN ORDINANCE vacating that
portion of Inwood Avenue as
shown on correction plat of Lots
6-19, inclusive, in Hawkey-e Estates
in the City of Dubuque, Iowa filed
in the office of the Dubuque Coun-
ty Recorder as Instrument No.
7492-1973 on September 18, 1973,
presented and read. Councllman
Siackis moved that the reading
just had be considerd the first
reading of the Ordinance. Second-
-
Special Session, March 29, 1976
ed by Councilman Tully. Carried publish notice of the hearing in
by the following vote: the manner required by law. Sec.
Yeas-Mayor Lundh, Councilmen onded by Councill~13n Tully. Car-
Brady, Stackis, Tully, Wertzberger. ried by the followmg vote: '.
Nays-None. Yeas-'Mayor Lundh, CouncIlmen
Councilman Stackis moved that Brody, Stackis, Tully, Wertzberger.
the rule requiring an Ordinance Nays-None.
to be received and fiied at two Communication of Dubuque
meeitings prtor to the meetl\JJg Metropolitan Area Study Commit-
when final action is taken, be dis- tee schedule for 1976, presented
pensed with. Seconded by Council- and read. Councilman Wertzberger
man Tully. Carried by the follow- moved that the communication ,be
ing vote: received and filed. Seconded ,by
Yeas-Mayor Lundh, Councilmen Councilman Tully. Carried by the
Brady, 'Stackis, Tully, Wertzberger. following vote:
Nays-None. Yeas-'Mayor Lundh, Gouncilmen
Councilman Stackis moved that Brady, Stackis, Tully, Wertzberger.
a public hearing be held on the Nays-1None.
Ordinance on April 12, 1976 at March 24, 1976
7:30 o'clock P.M. in the Council Honorable Mayor
Chamber at the City Hall and that and City Council
the City Clerk be instructed to I hereby submit the attached
publish notice of the Maring in sheets no. 1 to 12 inclusive, show-
the manner required by law. Sec- ing a schedule of the proposed val-
òndedby Councilman Tully. Oar- uations and assessments for the
ried by the £ollowing vote: City of Dubuque Reconstruction
Yeas~MayorLundh,Councilmen of Jackson Street from 22nd to
Brady, Stackis, Tully, Wertzberger. Diamond Street.
Nays-None. Submitted March 26, -1976.
AN OOOJNANüE vacating In- John L. White, P.E.
wood Avenue and Hawkeye Drive City Engineer
~s sh~wn ~n plat in L.ots 1 to 29 Councilman Tully moved that
mcluslVe, and !Jot A m Hawkeye the communication be received and
Estates m. the Clty of Dubuque, filed. Seconded by Councilman
Iowa, -as flied on May 29, -1973 Wertzberger. Carried by the - fol-
as ~strument No. 4158-1973 and lowing vote:
as fIled -as Instrument No. 5388- Yeas-Mayor Lundh Councilmen
1975 on July 28, 1975, in the office Brady, Staclds, Tully, Wertzberger.
of thE> Dubuque County Recorder, Nays-None.
presented and read.
Councilman Stackis moved that RESOLUTION NO. 95.76
the reading just had be considered BE IT RESOLVED BY THE
the first reading of the Ordinance. CITY COUNCIL OF THE CITY
Seconded by CounciinJaln Tully. O'F DUBUQUE, IOWA:
Carried by the following vote: Seotion I, That the attached
Y...s~Mayor Lundh, Oouncilmen sheets no. 1 to 12 inclusive, 'are
Brady, 'Stackis, Tully, Wertzberger. hereby determined to be the sched-
Nays-lN'one. ule of proposed assessment for the
Councilman Stackis moved that City of Dubuque Reconstruction of
the rule requiring an Ordinance to Jackson Street from 22nd to Dia-
be received and fited at two meet- mond Street, and the valuations,set
ingsprior to the meeting when out herein, are here'by approved.
final action is taken, be dispensed Adopted this 29th day of March,
with. Seconded by Councilman Tul- 1976.
ly. Carried by the following vote: Alvin E. Lundh
Yeas-JMayorLundh;Councilmen Mayor
Bmdy, 'Stackis, Tully, Wertzberger. Thomas A. Tully Jr.
Nays-None. Richard Wertzberger
Councilmen Stackis moved that James E. Brady
a public hE>aring, be held on the Emil Stackis
Ordinance on April 12, 1976 at Councilmen
7:30 o'clock P,M. in the Gouncil Attest:
Chamber at the City Hall and that Leo F. Frommelt
the City Clerk be instructed to City Cierk
142
March 24, 1976
143
Special Session, March 29, 1976
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertz!>erger. Carried
.by the following vote:
Yeas~Mayor Lundh, Councilmen
Brady, 'Stackis, Tully, Wertzberger.
Nays~None.
RESOLUTION NO. 96.76
Preliminary approval of plans,
specifications, form of contract,
plat, including all items of mater-
ial, and all oiher documents for
the reconstruction of Jackson
Street from 22nd Street to Dia-
mond Street, in the estImated
amount of $279,483.55, presented
and read. Councilman Tully mov-
ed adoption of the resolutIon. Sec-
onded by Councilman Wertzberger.
Carried by the £ollowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 97.76
WHEJREAcS, proposed p I a n s,
specifications, form of contract,
plat and schedule have been duly
prepared and approv-edby the City
Council of the CUy of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following;
1. The assessment limits.
2. The streets to be improved.
3. The width of such improve-
ment, and the size and kind of
sewers.
4. Each lot proposed to be as-
sessed together with 'a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating I
the same for each different type of
construction and kind of material
to 'be used.
6. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
Reconstruction of Jackson Street
from 22nd to Diamond StEeet.
BE IT THEREFORE RESOLV-
ED, that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the herein men-
tioned improvement, -and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk objections ~o the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con.
structed and done in accordance
with the plans and specific~tions
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
be assessed upon and ,against all
privately owned property lying
within assessable distance provided
by law and in an amount not to
exceed the amount provided by
law, property will be assessed
whether the same abuts thereon
or is adjacent thereto according
to area 'and in proporti'on to the
special benefits conferred thereby,
and any deficiency shall be paid
out of the Road Use Tax Funds.
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract h'aS
been performed 'and accepted and
the proceeds thereof used to pay
the contractor. The railway portIon
of any street or assessment district
shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
29th day of March, 1976.
Approved and pl'aced on file fur
final action.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
J'ames E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. 'Frommelt
City Clerk
Councilman Tully moved approv-
al of the resolution. Se-conded by
Councilman Wertzberger. Carried
by the following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-'None.
(Fixing date of hearing)
RESOLUTION NO,. 98.76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 96-76 given its pre-
liminary approval on the proposed
-~~~ -
--- ~
144
Spedal Session, March 29, 1976
plans'lP"pecifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the Recon-
struction of Jackson Street from
22nd Street to Diamond Street and,
WHEREAS, the proposed 'Resolu-
tion of Necessity for said improve-
ment has been introduced and is
IrOW 'on file in the City Clerk's 'Of-
fice for public inspection,
HE IT THEREJFORE RESOrLVED
that on the 19th day 'Of April 1976,
a public hearing will ,be held at
7:30 o'clock P.'M. C.S.T. in the
Council Chamber in the City of
Dubuque at which time the owners
of property subject to assessment
for the proposed improvement may
appear and make objection to the
proposed pians and specifications
and proposed form of contract ,and
at the same time to the boundar-
ies of the proposed district, to the
cest of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of
Necessity and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to be published in
some newspaper published in the
city of Dubuque, the 1st 'Of which
shall be less than 10 days prior to
the day fixed for its consideration
and unless property owners at the
time 'of final consideration of said
resolution have on file with the
Clerk objections to the amount of
the proposed assessment, they
shall have deemed to have waived
all objections thereto, at whieh
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 29th day of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
ltichard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the fol1owing vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-N'One.
RESOLUTION NO. 99-76
WHEJREAS the City Manager has
submitted a BUDGET ESTIMATE
for the period July 1, 1<976 to June
30, 1977 in compliance with Chap-
ter 1020, Acts of 64, 2nd G. A. 1972
as ,amended, and the City Council
has been duly considered and caus-
ed to 'be prepared the Budget Esti-
mate for expenditures beginning
July I, '1976 and ending June 30,
1977.
NOW THEREFORE BE IT !RE-
SOLVEJD BY THE CITY COUNCIL
OF THE CITY 'OF DUBUQUE,
IO'WA:
That said Budget Estimate be
and the same is hereby ordered
filed in the office of the City Clerk
of the City of Dubuque, Iowa and
the date -of public hearing is here-
by fixed as the 5th day of April,
1976 at 7:,30 o'clock P.M- in the
Council Chamber at the City Hall.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby directed to cause said Bud-
get Estimate of Expeiditures to be
published in the official notice to
be given -of the time and place,
when and where said Budget Esti-
mate will be considered by said
Council for final adoption at which
time and place taxpayers will be
heard for or against said Estimate,
said publiC'ation shall be published
at least once, not less than four
nor m'Ore than twenty days before
the date set for the hearing.
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
ltichard Wertzberger
J'ames 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---!M'ayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
Special Session, March 29, 1976
March 26, 1976
Honorable Mayor
and City Council
You may recall that during the
review of the schedule of Federal
Aid to Urban Systems project that
tbe staff had proposed a consult-
'ant study -of alternate corridor
locatrons for University of Dubu-
que counector roadway. This road-
way will connect the ama north of
the University of Dubuque through
the University of Dubuque proper-
ty to U.S. Highway #20 (Dodge St.).
This ;s eligible for 70% cost shar-
ing with 30% local share to be I
made available from Road Use Tax
apportionment. The contract for
Corridor Location Study and Envir-
ünmental Impact Statement must
be completed before final roadway
design or roadway acquisition may
commence.
The staff has interviewed sev-
eral firms for the Corridor Study
and propose that the firm of Cull-
en, Kilby and Carolan of Dubuque,
Iowa be selected as the consultant
for this study. We have attached a
resolution for your concurrence of
the selection of Cullen, Kilby and
Carolan.
Gilbert D. Chavenelle
City Manager I
<councilman Stackis moved that
the communication be received
rand filed. Seconded by' Council-
man Tully. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
,RESOLUTION NO. 100.76
A RESOLUTION CONCURRING
IN THE SELECTION O'F CUL.
LEN, KILBY, CAROLAN AND
ASSOCIATES, P.C, AS ENGI.
NEERING CONSULTANTS FOR
A CORRIDOR STUDY OF A UNI.
VERSITY OF DUBUQUE CON.
NECTO'R ROADWAY, AND IN.
STRUCTING THE CITY MAN-
AGER TO PREPARE A SUI~
ABLE FORM O'F CONTRACT
AND SCOPE OF SERVICES FOR
SUCH STUDY
Whereas, the City Council of the
City 'of Dubuque, Iowa has request-
ed a Project Agreement with the
Iowa Department of Transportation
securing mutual participation in a
Corridor Study of a proposed Uni-
versity -0£ Dubuque Connector
Roadway within the City of Du-
buque, Iowa;
Whereas, it has been recom-
mended that the engineering con-
sulting firm of Cullen, Kilby, Car-
olan and Associates,P.C. of Du-
buque, Iowa 'be selected as con-
tractor for such Corridor Study;
NOW THEREFŒ!.E BE IT RE.
SOLVED BY THE CITY C'ÜUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 'I. That the City Manager
be and he is hereby authorized to
select Cullen, Kilby, Carolan and
Associates, P.C., Engineers, -of Du-
buque, Iowa as consultant eng;-
neers for a <Corridor Study of a
proposed University of Dubuque
Connector Roadway.
Section 2. That the City Manager
be and he is hereby ;nstructed to
prepare a suitable Form of Con-
tract and Scope -of Services for the
aforesaid Corridor Study, and to
seek approval of said CoIrtract and
Scope of Services from the Iowa
Department of Transportation and
the Federal Highway Administra.
tion, to 'assure eligibility of said
Corrid-or Study as a Federal-Aid
project.
Section 3, That the City Manager
be and he ;s hereby instructed to
return such Form of Contract and
Scope of Services to the City Coun-
cil for final review and approval.
Passed, adopted and approved
this 29th day -of March, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution- Seconded by
CouncHman Tully. Carried 'by the
following vote:
Yeas---!M'ayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
March 26, 1976
Honorable Mayor
and City Council
¥ou may recall that during the
review of Federal Aid to Urban
Systems projects that the staff had
proposed a consultant study for
the Location and Design Study of
145
- -
146
Special Session, March 29, 1976
Itockdale Raad Bridge replace"
men!. It is eligible for, 70% cost
sharing under FAUS with 30%
local share to ,be made ,available
from Road Use Tax apportionment.
The staff has interviewed several
firms for the study and propose
that the firm of Shive.Hatteryand
Associates .of Dubuque, Iowa be
selected as the consultant for such
location and dèsign.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the c.ommunication be receiv-
edand filed. Seconded by Mayor
Lundh. Carried by the ~o1!owing
vote:
Yeas~Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays~Councilmen Brady, Stack.
is.
Section 2. That the City Manager
be and he is hereby instructed to
prepare a suitable Form of Con-
tract and Scope .of Services for the
aforesaid Location and Design
Study and to seek approval of said
Contract ,and Scope 'of Services
from the Iowa Department of
Transportation and the Federal
Highway Administration, to assure
eligibility of said Location and
Design Study as a Federal-Aid
project.
Section 3. That the City Manager
be 'and he is hereby instructed to
return such Form of Contract and
Scope .of Services to the City Coun-
cil for final review and approval.
Passed, adopted and approved
this 29th day of March, 1976.
Alvin E. Lundh
'Mayor
Thomas A. Tully Jr.
Richard Wertzberger
,RESOLUTION NO, 101.76
A RESOLUTION CONCURRING
IN THE SELECTION OF SHIVE.
HATTERY AN'D ASSOCIATES
AS ENGINEERING CONSULT-
ANT FOR A LO'CATION AND
DESIGN STUDY OF A ROCK.
DALE ROAD BRIDGE REPLACE. I
MENT, AND INSTRUCTING
THE CITY MANAGER TO PRE. '
PARE A SUITABLE FORM OF
CONTRACT AND SCOPE OF
SERVICES FOR SUCH STUDY
Whereas, the City Council of the
City of Dubuque, Iowa, has ap-
proved a 'Project Agreement with
the Iowa Department of Transpor-
tation relative to their mutual par-
tiçipation in a Location and Design
Study of a Rockdale Road Bridge
Replacement within and adjoin-
ing the City 01' Dubuque, Iowa; and
Whereas, it has been rec.om-
mended that the engineering con-
sulting firm of shive-Hattery and
Associates, Engineers, of Cedar
Rapids and Dubuque, Iowa be sel.
ected as contractor for such Loca-
tion and Design Study.
NOW THEREFORE BE IT RE-
SOLVEJD BY THE CITY COUNCIL
OF mE CITY OF DUBUQUE,
IOWA:
Section I. That the City Manager
be and he is hereby authorized to
select Shive-Hattery ,and Associ-
ates, Engineers, of Cedar Rapids
'and Dubuque, Iowa as consultant
engineers for a Location and D...
sign Study of a Rockdale Road
Bridge Replacement.
Attest:
Leo F. 'Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Mayor Lundh. -Carried by the
following vote:
Yeas~Mayor Lundh, -Councilmen
Tully, Wertzberger.
Nays-Councilmen Brady, Stack-
is.
RESOLUTION NO. 102.76
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "C" BEER PERMIT
Joseph R. Lenger, Grandview Drug
Co., 486 N. Grandview
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
J'ames E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, Marcb 29, 1976
Councilman Stackis moved adop-
tion of the resolution. Seconded
by C<>uncilman Wertzberger. Car-
riedby the following vote:
Yea8----'Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO'. 103.76
WHEREAS, applicati<>ns for Beer
Permits were filed by the within
named applicants and they have
received the approval of this
Council; and
WHEJREAS, the premises to 'be
occupied by such applicants were
inspected and found to comply
with the 'Ordinances <>f this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following I
named applicants a Beer Permit.
CLASS "C" BEE'R PERMIT
JosephR Lenger, Grandview Drug
-Co.., 486 N.Grandview I
Passed, adopted and approved
this ,29th day of M'arch 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
!Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
'Leo F. Fmmmelt
City Clerk
Councilman Stackis moved adop-
tion of the res<>lution- Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yea8----'Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 104-76
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREæ'ORE 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 Ordi-
nances of the City.
147
CLASS "B" BEER ,PERMIT
Richard B. Winsor, Bunker Hill
Golf Course, Bunker Hill Road
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
J'ames E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Wertbzerger.
Nays-Oouncilman Tully.
RESOLUTION NO. 10~7611
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this city
and they have filed proper bondS;
NOW THEREFORE BE IT RE-
SOLVED by the City CounCil of
the City of Dubuque, I.owa, that
tl¡e Manager be authorized to cause
to 'be issued to the following nam-
ed applicants a Beer Permit.
CLASS "B" BEER PERMIT
Richard B., Winsor, Bunker Hin
Golf Course, Bunker Hill Road
Passed, adopted and approved
this 29th day of March 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas---"Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays~Councilmaìl Tully,
148
Special Session, March 29, 1976
Commission-Charles Kurt, repre-
senting Architects; and James J.
Tully to the Community Develop-
ment Commission representing the
Rehabilitation Commission. 'Coun-
cilman Brady moved ratification
of the appointments. Sec'Onded by
Councilman Wertzberger. Carried
by the following v'Ote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-N'One.
There being no further business,
Councilman Slackis 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
PUBLIC HEARING IN THE CASE
OF JOSEPH A, SCHUMACHER'S
BEER AND LIQUOR LICENSE
Attorney Jake Klauer, represent-
ing Joseph A. Schumacher, ,assured
the Council that Mr. Schumacher
has turned in his license to the
State ,and is not going back into
the liquor business.
Police Chief O'Brien testified
that the police were called t'O
Noel's Tap (operated by Schu-
macher) dozens of times during the
past year to break up fights. He
characterized the bar as a hang-out
for known criminals.
Attorney Allan Carew, repre-
senting Mr. John Noel, as owner
of the building, in which Schu-
macher operated the tavern, by
stating that revocation 'Of the
tavern license would affect Mr.
Noel's property.
Mr. Joseph A. Schumacher testi-
fied in his own behalf, by stating
that he honestly tried to run a
decent business.
The Council considered all the
evidence as submitted, at the con- I
elusion of which Mayor Lundh
moved to e'oncur in the voluntary
surrender of Joseph A. Schumach-
er's Beer & Liquor License, Sec-
onded by Councilman Wertzberger.
Carried by the fOllowing vote:
Yeas-Mayor Lundh, Councilmen
Tully, Wertzberger. I
Nays-Councilmen Brady, Stack-
is,
At 11:00 P.M. Councilman Tully
moved t'O go into Executive Ses-
sion to discuss appointments to
the Boards and Commissions and a
Personnel Matter. Seconded by
Councilman Wertzberger. Carried
,by the following vote:
Yeas-Mayor Lundh, C'Ouncilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
Council Reconvened in R"gular
Session at 11:36 P.M.
Mayor Lundh announced the fol-
lowing appointments: To the Zon-
ing Board of Adjustment-Patrick
McNamara, replacing Thomas Voel-
ker, term expiring 3-5-81 and Don-
ald Redding for the unexpired
term of Jam"s Connelly, term ex-
piring 3-5-79; To the Rehabilitation
Approved .........,..........................1976
Adopted .....,......,.........................1976
...........,....,...............................................
................................................................
................................................................
................................................................
"""""""""""""""""'ë~-;;ii~ii;;;~ii""""
Attest: .................................................
City Clerk
Regular Session, AprH 5, 1976
CITY COUNCIL
OFFICIAL
R.gular Session, April S, 1976.
Council met at 7:30 P,M. (C.S,T.)
Present-Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger, City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this is the
REGULAR MONTHLY MEETING
OF THE COUNCIL called for the
purpose of acting upon such busi-
ness as may properly come before
the Meeting.
The following proclamations
were read, signed and approved
bY Mayor Lundh. Governor Ray
proclaiming the First Two Weeks
in Âpril, beginning April 4, 1976
as "Tornado Preparedness Weeks,"
Month of May of "Mental Health
Month" and Dennis Naughton pre-
sented a scroll for the "Wagon
Train."
Pro'Of 'Of Publication, certified
to by the Publisher, of Notice of
Public Hearing on Budget Esti-
mate for Fiscal Year July 1, 1976
to June 30, 1977, presented and
read. C'Ouncilman Stackis moved
that the proof of publication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas - May'Or Lundh, Council-
men Brady, Staclds, Tully, Wertz-
berger.
Nays-None.
Communication of League of
Women Voters questi'Oning use of
Revenue Sharing for salaries ap-
prox. 75%; Objecting to Girl's
Club being alloted C.D. Funds; In-
equity in l'Ocal tax situation; Citi-
zens interest in some millage for
purchase of park land; Support
once-a-week garbage pickup in-
stead of two; Redefinition of ob-
jective of Youth Services; Coun-
cil keep informed about State leg-
islation; Combined purchase of
services of County and schools;
Commending Council on establish-
ment of annexation policy, present-
ed and read. Betty Sacco and Mon-
ica Wagner of League of Women
Voters spoke to the communica-
tion. Councilman Stackis moved
that the communication be re-
Ceived and filed. Seconded by
149
Councilman Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
J. Bruce Meriwether, President
of Dubuque Chamber of Com-
merce, read and presented a com-
munication on behalf of the
Chamber of Commerce requesting
that Council make known to public
total expenditures of tax dollars;
Revaluate goals of Youth Services;
Transit Authority should empha-
size service to those who need and
use bus transportation; Library
Board should not make expansion
plans without some commitment
to a priority listing; Council should
become involved in evaluation of
Galvin police report, also prompt
collection of fines; Once-a-week
refuse pickup; Budgeting process
should be a year round pursuit.
Councilman Stackis moved that the
communication be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays-None.
RESOLUTION NO. 105-76
A Resolution adopting the an-
nual budget for the fiscal year
ending June 30, 1977.
BE IT RESOLVED by the Coun.
cil of the City of Dubuque, Iowa:
The annual budget for the fiscal
year ending June 30, 1977, as set
forth in the Budget Summary Cer-
tificate and in the detailed budget
in support thereof showing the rev-
enue estimates and appropriation
expenditures and allocations to
programs and activities for said
fiscal year is adopted, and the
clerk is directed to make the fil-
ings required by law and to set
up his books in accordance with
the summary and details as adopt-
ed.
Passed and approved on April 5,
1976, by the following vote: (List
names.)
Isl Alvin E. Lundh
Mayor
Attest: Isl Leo F. Frommelt
Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote: