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1976 April Council Proceedings 148 Special Session, March 29, 1976 Regular Sessiou, April 5, 1976 149 PUBLIC HEARING IN THE CASE OF JOSEPH A. SCHUMACHER'S BEER AND LIQUOR LICENSE Atiorney Jake Klauer, represent. ing Joseph A. Schumacher, 'assured the Council that Mr. Schumacher has turned in his license to the State ,and is not goiug back into the liquor business. Police Chief O'Brien testified that the police were called to NQel's Tap (operaled by Scbu- macher) dozens of times during the past year to break up fights. He characterized the bar as a bang-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 Couucil considered all the evidence as submitted, at the con- clusion of which Mayor Lundh moved to concur in the voluntary surrender of Joseph A. Schumach- er's Beer & Liquor License. Sec- onded by Councilman Wertzberger. Garried by the following vote: Yeas-Mayor Lundh, Councilmen Tully, Wertzberger. Nays-Councilmen Brady, Stack- is. At 11:00 P.M. Councilman Tully moved to go into Executive Ses- sion to discuss appointments to the Boards and Commissions and a Personnel Matter. Seconded by Councilman Wertzberger. Carried ,by the following vote: Yeas-Mayor Lundh, Conncilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Gouncil Reconvened in IIegular Session at 11:36 P.M. Mayor Lundh announced the fol- lQwing appointments: To the Zon- ing Board of Adjustment-Patrick McNamara, replacing Thomas Voel- ker, term expiring 3-5-81 and Don- ,aid Redding for the unexpired term of James Connelly, term ex- piring 3-5-79; To the Rehabilitation Commission-Charles Kurt, repre- senting ArchHects; and James J. Tully to the Community Develop- ment Commission representing the Rehabilitation Commission. Coun- cilman Brady moved ratification of the appointments. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. There being no further business Councilman Slackis moved to ad: journ. Seoonded by Councilman Wertzberger. Carried by the fol. lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk (ITY COUNCIL . OFFICIAL Regular Session, April S, 1976. C.~n~iI met at 7:30 P.M. (C.S.T.) Present-Mayor Lundh, Coun~il. ,ftÍ!n Brady, Sta~kis, Tully, Wertz. berger. City Manager Gilbert D. éhavenelle. Mayor Lundh read the call and stated that service thereof had Been duly made and tbis is the REGULAR MONTHLY MEETING OF THE COUNCIL called for the purpose of acting upon such busi. Mss as may properly corne before tbe Meeting. The following proclamations were read, signed and approved þy 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." Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on Budget Esti- mate for Fiscal Year July I, 1976 to June 30, 1977, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Council- men Brady, Staclds, Tully, Wertz. berger. Nays-None. Communication of League of Women Voters questioning use of Revenue Sharing for salaries aI'- prox. 75%; Objecting to Girl's Club being alloted C.D. Funds; In- equity in local tax situation; Citi. zens interest in some mmage 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 Waguer of League of Women Voters spoke to the commuuica- tion. Councilman Staclds moved that the communication Be re- ceived and filed. Seconded by Approved ....................................1976 Adopted ......................................1976 ................................................................ ................................................................ ................................................................ .....................................,.......................... """""""""""""""""'ë~~;;~iï;;;~;;"""" Attest: ....................,............................ City Clerk Councilman Tully. Carried by tbe 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, Stackls, 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.) lal Alvin E. Lundh Mayor Attest: Isl Leo F. Frommelt Clerk Councilman Tully moved adoI" tion of the resolution. Seconded by Councilman Wertzberger. Car- ried by the following vote: 150 Regular Session, April 5, 1976 Yeas - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz. berger. Nays-None. Communication of Dubuque Air- port Commission submitting min- utes of their special meeting of March 25, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. Nays-None. Communication of Francis E. King of Cedar Rapids, Iowa, ad- vising against charging for the use of parks, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Park Board. Seconded by Councilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundb, Council- men Brady, Stackis, Tully, Wertz. berger. Nays-None. Communication of Iowa Depart- ment of Environmental Quality continuing the approval of the Du- buque Health Department Labora- tory for determination of coli- form bacteria using the multiple tube fermentation technique, pre- sented and read. Councilman Tully moved that the communica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. Nays-None. Communication of Insurance De- partment of Iowa submitting Fi- delity and Surety Insurance cer- tificate of Authority certifying the Merchants Mutual Bonding Co. to transact business in the State, pre- sented and read. Mayor Lundh moved that the certificate be re- ceived and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz. berger. Nays-None. Communication of Duane II. Geisler, President of Upholsterer's Union expressing gratitude for the support and foresight in the in- stitution of the Dubuque Human Rights Commission and its staff fulfilling their responsibility In assisting one of their members, presented and read. Councilman Stackis moved that the communi- cation be received and filed and referred to Human Rights Com- mission with "Thanks." Seconded By Councilman Wertzberger. Car- ried by the following vote: Yeas - Mafor Lundh, Council- men Brady, Stackls, Tully, Wertz. berger. Nays-None. Communication of Dubuque Met. ropolitan Area Solid Waste Agen- cy submitting a copy of their bud- get for FY '77 and '78, presented and read. Mayor Lundh moved that the communication be re- ceived and filed and budget be ap- proved. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz. berger. Nays-None. Communication of Rehabilitation Commission submitting minutes and supporting material of special meeting of March 27, 1976, pre- sented and read. Councilman Tully moved that the minutes and ma- terial be received and filed. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz. berger. Nays-None. April 5, 1976 To the Honorable Mayor and City Council We are submitting to you plans for expansion of the Water Plant and for construction of sludge drying and handling facilities. The proposed 'expansion of the plant wl11 increase capacity from 10 million GPD to 20 million GPD. Construction of the new facilities would be an addition to the exist- ing building and facilities and would be constructed without in- terruption of the present opera- tion. The expansion, as comprised in tbe Base bid, would include an ad- dition to the present building, in- stallation of aerators, clarifiers, Regular Session, April 5, 1976 sand filters, chemical storage feed- solids precipitated in the soften- Ing equipment and related valving ing process. Presently these lime and control systems to properly solids are discharged into the riv- process 10 million GPD. er. However, the city was issued a In addition to the base bids, consent order September 28, 1972 Bids would be solicited on four op- by the Iowa Water Control Corn- tional items: mission. This order stipulated a 1. Computer expansion and in- s~hedule for compliance b~ pr~- terfacing into the new plant con- v!dlng alternate means. of dISPOSI- struction for automation of some (¡on!'f th~~e waste solids. processes. TþlS facility woul~ be con~truct- . ed m a separate building adjacent 2. Co~verslOn. of present 10 to the treatment plant. It would pneuma(¡c sa,;,d filter valve actua- have the capacity to handle solids tors to electric .actuators so back- precipitated from 20 million GPD washmg of all filters would Be au- of treated water, or about 50 tons/ tomated under ~omput~r con:rol. day of processed sludge. This in- 3. Emergency Jet engme dnven stallation would include settling generator (capacity 1000 kw) with and storage tanks, vacuum or accessory fuel supply, bus?ars, pressure filters, truck loading hop- voltage and phase sy,;,chromzers pers and conveyors and associated and related control devICes. piping and control systems. 4. Conversion of well field from For this facility bids would be the present 2300 volts to 480 volts solicited for both a vacuum and By con,struc~ion of ?uilding at the pressure type systems. The vacu- well field, mstallatlOn ?f. a step- urn units would normally have a down transformer, provldmg new lower capital cost but will remove wiring systems and purchasing only 40% of the water from the new 480 volt well motors. precipitates. The pressure unlts, Concurrent with expansion of although normally more expen- the plant proposed is the construc- sive, remove about 50% of the tion of facilities for disposal of water from the precipitates. II. Estimated cost of the facilities would Be as follows: Budget I (With Alternates) Plant Sludge Expansion Disposal Total $5,380,630 $2,291,000 $7,671,630 288,330 133,350 421,680 100,000 50,000 150,000 35,000 15,000 50,000 --- $5,803,960 $2,489,350 $8,676,890 269,030 114,550 383,580 --- TOTAL .......................................... $6,072,990 $2,603,900 $8,676,890 Budget II (Without Alternates) Plant Sludge Expansion Disposal Total Construction ................................ $5,380,630 $2,291,000 $7,671,630 Less Alternates Computer ..................................$205,000 Valve Conversion """"""""" 125,000 Engine-Generator ............"...... 165,000 Well-Field ........................ 112,500 Construction ................................ Engineering Desigu """""""""" Inspection .................................... Legal & Administration ............ SuBtotal........................................ Contingency 5% Construction .... Subtotal........................................ Engineering Design """"""""" Inspection .................................... Legal & Administration .......... Subtotal........................................ Contingency 5% Construction .... TOTAL .......................................... (607,500) $4,773,130 $2,291,000 $7,064,130 288,330 133,350 421,680 100,000 50;000 150,000 35,000 15,000 50,000 --- $5,196,460 $2,489,350 $7,685,810 238,650 114,550 353,200 --- $5,435,110 $2,603,900 $8,039,010 151 152 Regular Session, April 5, 1976 III Method of Financing Use Construction Plsn II Total Project .............................. Less Prepaid Items "","""""""""'" Available Cash """",,""""""" Additional Revenue FY '77.... Interest Earnings Deductions Net Bond Requirements Revenue """""""""""""""""" Proposed Bond Issue ........",..... IV. Evsluation-General The present water plant has a capacity of 10,000,000 GPD. Dur. ing many summer days the pres- ent rates exceed 12,000,000 GPD. When this happens a percentage of the water from the deep wells are shunted around the softening facilities. Continuing this practice over prolonged periods (days) could adversely affect the qualIty of water delivered to the consum- er and could cause significant cor- rosion problems in the distribu- tion system. An engineering study was made in 1970 and updated in 1973 which recommends expsnsion of the present plant by 10,000,000 GPD. This study projected the sv- erage annual daily consumption to exceed 10 million gallons/day and the maximum day to reach 20 mil- lion gallons by 1995. Both reports suggested that the new facility be constructed no later than 1974. This capacity of 10,000,000 MGD was justified on the economy of scale of a 10,000,000 gallon/day plant and the fact that the capac- ity would be needed over the next 20 years and revenue bonds of 20 year retirement can be sold to finance the project. As was indicated earlier in this report the city was issued a con- sent order September 28, 1972. This order stated that within a given time frame the city cease discharge of spent lime sludge in. to the Mississippi River. An engi- neering study prepared 'in 1973 recommend dewatering the lime sludge and disposing the waste materisl in a ssnitar:v landfill. Tbe study suggests two systems for dewatering the waste: one vac- uum filter and two pressure fil. ters. Vacuum filters would reduce water content by 40% and pres- $8,039,010 $ 421,680 278,676 171,772 200,000 1,072,128 $6,966,882 $7,000,000 sure filters would reduce water content by 50%. Determining fac- tors for choice of system would Be an evaluation of the capital costs, operating costs and landfill charges of each system over 20 years. The city has looked at alterna- tives for disposing of this waste. The city has experimented by dis- charging these lime wastes into the sanitary sewer system and processing it at the Waste Water Treatment Plant. Addition of lime to sanitary sludge caused accumu- lation of uncomBustibles to the extent that incinerators became inoperable. It was concluded this practice would not be a viable so- lution. The waste materials could be disposed of by lagooning if space were availaBle. Space is not avan- able in proximity of plant and, if so, long term problems are gen- erally created by lagooning nonde- structive materials. Alternates: Plan I 1. Expansion of water plant by 10 mm GPD with options. 2. Construction of the Sludge dry- ing and removal facilities. Advantages a. Provides water supply of ex- cellent quality through 1995. b. Resolves the current proB- lems relating to meeting peak demands and the inherent risks of prolonging this prac- tice. c. Ability to finance with 20 yesr revenue bonds. d. Meets the conditions of the consent order as promulgated by State and Federal regula- tions. Disadvantages a. Total cost of the project. Regular Session, April 5, 1976 b: Questionable peed of optional items at this juncture in time. Plan II 1. Expand plant by 10 mm GPD But drop optional items. 2. Construct sludge drying and re- moval facilities. Advantages a. Provides adequate water sup- ply througb 1995. b. Resolves the current problems relating to peak demands and the inherent risks of prolong. ing this practice. c. Satisfies the consent order now existing with the city. d. By elimination of computer additions and interfacing and conversion of pneumatic valves, over $300,000 can be dropped from the project. We believe cost savings of addi- tional computerization does not favor installation now. e. Presently the plant has emer- gency power capacity to op- erate plant at rate of 6,000,000 GPD. We believe that instal- lation of additional emergen- cy electric capacity can be postponed. Cost of this unit is estimated at $165,000. f. WelJ fields now operate on a 2300 volt power supply. Al- though the 2300 volt system is outmoded, We Believe change over of the system to 480 volts can be delayed. Changeover would cost $112,- 500. Disadvantages a. Delays optional items that may eventually be required. Plan IT! Construction only of sludge drying and removal facilities. Advantages a. Meets the stipulation of the consent order now existing for appropriate disposition of spent lime residual. b. Reduce the capital expendi- ture and amount of revenue bond issue. Disadvantages a. Leave the city in a precarious situation in meeting current and future water demands. b. OBviates advantages that may be realized by construction of facilities jointly. c. Necessitates the city to go to money market again in the 153 near future with another bond issue to finance expansion of plant. Recommendation We recommend the Council fav- oraBly consider Plan II. The plan does provide for expansion of plant to serve needs for next 15- 20 years; resolves proBlems re- lated to the consent order and is within the financial capabilities of the city under the proposed water rate schedule. GilBert D. Chavenelle City Manager Mr. Walker & Mr. Ombruni from HD & R submitted a plant layout sketch of the proposed Water Works Expansion project. Councilman Stackis moved that the communication of City Man- ager be received and filed. Sec- onded by Councilman Tully. Car- ried By the following vote: Yeas - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz. berger. NaYs-None. April 2, 1976 To the Honorable Mayor and City Council I submit for your consideration three water rate proposals. We wilJ discuss these with you at Council meeting. Also, we wilJ present a proposal for water plant construction. Gilbert D. Chavenelle City Maanger Mr. Joe Hail, Water Superin- tendent, reviewed water rate schedules with the Council. Coun- cilman Stackis moved that the communication of City Manager Be received and filed. Seconded by Conncilman Tully. Carried By the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. April 2, )976 To the Honorable Mayor and and City Council I bave appointed Mr. Gerald P. Swift and Mr. Frank J. Schwartz to the Heating, Ventilating, Air. Conditioning and Refrigeration Board for three year terms which wilJ expire March 16, 1979. I request that you ratify these appointments. Gilbert D. ChavenelJe City Manager 154 Regular Session, April 5, 1976 CouncilmanStackis moved that the communication be received and filed and appointment be ap- proved. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. tition attached is hereto attached. II. N. Russo City Attorney Councilman Tully moved that the communication be received and filed. Seconded by Council- man Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Suit of Frederick and Charlotte Cole, in the amount of $65,000, for personal injuries re- ceived in a fall on an ice and snow covered sidewalk on March 4, 1975, on E. 13th Street between Jackson & White Streets, pre- sented and read. Councilman Tully moved that the Notice of Suit be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 11-76 April I, 1976 The Honorable Mayor and Members of the City Council I have approved the following bond and certificate of insurance and wish to have your approval of same for filing. SIDEWALK CONSTRUCTION BOND OK Horne Improvement Co. of Du- buque, Bond No. 328505, Mer- chants Mutual Bonding Co. in the amount of $1,000, dated 4-22-76. CERTIFICATE OF INSURANCE Robert's River Ride, Liability & Property Damage Policy No. GLA 33733, Western World In- surance Co. 4-1-76 to 4-1-77. Gilbert D. Chavenelle City Manager Councilmsn Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger Nays-None. April I, 1976 Honorable Mayor and City Council On September 17, 1973, Dolly Renslow filed an action in the Dis- trict Court in and for Dubuque County, Iowa, as Law No. 40006 against the City of Dubuque, Iowa claiming damages in the smount of $30,000.00 for alleged injuries received in fall on the public side- walk on FeBruary 17, 1971 on east side of North Main Street at a point near 1000 North Main Street. This matter was defended by the City Attorney's office and a jury trial was held on the 23rd day of March, 1976 and thereafter the jury returned a verdict in fav- or of the defendant, City of Du- buque, Iowa. . Copy of Original Notice with pe- I An Ordinance repealing Ordi- nance No. 35-73 and enacting a new ordinance establishing fines for parking violetions and providing for administrative collection thereof, Presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Tully. Carried þy the follow- ing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 11-76 AN ORDINANCE REPEALING ORDINANCE NO. 35-73 AND EN- ACTING A NEW ORDINANCE ESTABLISHING PINES FOR PARKING VIOLATIONS AND PROVIDING POR ADMINISTRA- TIVE COLLECTION THEREOFj Regular Session, April 5, 1976 NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA, SECTION 1. The own" or op"""' of ,ny "hicle who ,h,ll roccive nod", O1,h" ¡re"on,lly or by ,he "t"hing of meh notke to "id vehicle. th" ,,¡d y"¡'icle i, p"ked in m,h m","", in ,ueh , pb" or for ,ueh , time" to viob" the p'ovi,ion, of thi, o,din,n" "¡,,ing to the p"king of vehieb ,nd "bdng ro the provi,ion, of O,din,n" No. 33-49 known" the "Treffie Code of the City of Dubuque, low," rel"ing '0 the p"king of vehicle m,y, within ",Yenty-two hou" from the dme when meh nod" i, """d upon him or ,,- t"hed to meh vehicle, p'y to the Ci,y T,"m'" " , pen,Ity for meh vioI"ion the following rum, Ov",ime p,<kins, Double p"king, mes,1 ,lley p"king ,nd 'ny oth" ",nding or p"king viobtion, If p,id within ",venry-,wo hou," from the dme of vioI"ion " indi",.d on the notiee, meh fine ,h,1I be the mm of """"""""""""""""""""""""""""'" $2.00 If no' p,¡d within ",vemy-two hou," I meh fi", ,h'¡l be the ,um of. ... $3.00 S""t Stmge If p,id wirhin ,mnty.two hou" from ,he time of viol,don " indk",d on the nod", meh fine ,h'¡1 be the ,um of """""""""""""""""""""""""""""" $4.00 If not paid within ,cvonty-two hour, ,u,h fi", ,hall be the mm of. .... $6.00 P"kins in Prime Lo" It 4/9 If paid within ",venty-two hou" from Councilman Stackls moved final time of viol"ion " indi""d on the no- adoption of the Ordinance. Sec- tiee 'ueh line ,h~lIbe the mm of $5.00 onded by Councilman Tully. Car- li no~ p"d w"Inn "venty-two hour, ried by the following vote: 'u,h Úne ,hall be the ,um. of .. .......$7.00 Yeas-Msyor Lundh, Councilmen P,dung Inted"'n" W"h Snow 0, Brady, Stackis, Tully, Wertzberger. I" Removol Nays-None. :t P~:~e :;th~~¡:t~;::"~-ti:die~~~"o!';h: April 2, 1976 noti" ,ueh fine ,hall be the 'um of $'.00 Honorable Mayor and If not paid wi,hin "vcmy-two hour, Councilmen ,ueh fine ,h,1I be the mm of ... .. $7.00 In response to your request we Payment of the above ¡renolty, or line, herewith transmit for your review, npon bO1r.g m,iled to the City Tr"m'" draft copies of three proposed ,hall be d"med paid" of the dme of amendments to the City of Du- the portm"k on the envelope th"eof. buque Zoning Ordinance. . SECTION 2. P"ki~g VioI"io",-Port- The proposed amendments deal :,:';y B;;';~o~Ore~!;i~~ ::e~o:~:ke of vio' with 1) repeal of the ~equire~ent I"ion ;!Od deeming him,oIf no' guilty of for the Board of ?JonIng. Adjust. 'u,h offe",e, 0< de,;ring <0 'pp'" ,nd ment to ~?ld pu~ ¡c hearIng and defend ag,in" the "me, ,hall wi,hin thst certIfIed mail will be sent twenty-four hour period 'pp'" "th, only to abutting property owners Police Depmment ,nd p<om", to ape'"~ on matters subject to the issuance in the Dirtd" Coun of Dubuque Coun- of a variance' 2) a change of fee ty, low, ,., "i,l. structure for 'request for reclassi- SECTION J. Tho provi,io,," h",of fication of property; and 3) clari- ,hall not ~~ 'ny m'nne, effe" the pon- fication of procedures for the ad- aIty, p<ov""on, of 'ny other. O,dman", ministration of zoning reclassifi- ;:,J~;t ;fve~~1::':;:~ :¡;:':~:eer:~ a::~ c~tion requests, .and pr.oviding for nu.., ,lley or publi, pI".. wi,hin the clrc~mstan.ces In whIch public City of Dubuque, low, bur ,hall b, hearIngs may not be required by eumuladye of ,II orher ordin'n", on the City Pl~¡¡lIin¡¡ CQlI!missiQ j, the rubjeet .nd f", rhe purpo" of p<o- viding , more eonveni""t and eeonomi- ,,1 merhod of h,ndlins rueh viobtionr. SECTION 4. P"ki"g Viol"ion,-In«, Olli" Proced"r.. The offie.. of rho Poli" D'pmm,nt, D", P,o""i"g, T"ffie Engin"r ,nd City T""u", are hmby di"e"d to fonnula" the n,ce""y off", 'nd in«r- office p<oeed"", <0 'mv into effeet the p<ovi,io", of thi, Ordina"ce. SECTION!. Th" ,II ordiMn,.., or p"" of o,dinan", i" eonlli" herewith '" to rh, ex"n< of m,h eonlli" heroby "p"Ied. SECTION 6. Th" thi, O,din,n" ,hall be 'nd be,ome effective M,y 16, 1976 upon it> P""g', 'pprovol 'nd pub- Ii",ion " by law provid,d. Pa"ed, 'pp,oved ,nd adop"d thi, 5th day of ApdI 1976. Alvin E. Lundh Mayo, Thom" A. Tully, J', Rieh"d Wer"berger J,m" E. Bredy Emil Stoeki, Counellme" Att"" Leo F. F<ommelt City Clerk Publi,hed offieiolly in the Telegreph Her,ld New,p'p" thi, 9,h d,y of Apdl 1976. Leo F. P'ommelt Ci,y Clerk 155 With your concurrence the pro- posed amendments wili be sub- mitted to the City of Dubuque Planning and Zoning Commission at tbeir meeting of April 21st, and a report and recommendation from that body wili be returned to you in May. Daniel DIttemore Development Planner Councilman TuJly moved that the communication be received and filed. Seconded by Councilman WertzBerger. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brsdy, Stackis, Tully, WertzBerger. Nays-None. AN ORDINANCE amending and changing Ordinance No. 32-75 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing Sec- tion 6-107.3, Section 6-107.4 and Section 6-107.6 of Article VI there- of and enacting a new Section 6-107-3, Section 6-107.4 and Sec. tion 6-107.6 of Article VI in lieu thereof, to repeal the requirement of public hearing and notice to any property owners other than aButting property owners on mat- ters subject to the issuance of a variance, presented and read. Councilman TuJly moved that the Ordinance Be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing Sec- tion 8-103.2 of Article VIII thereof and enacting new Sections 8-103.2, 8-103.3, 8-103.4, and 8-103.5 of Ar- ticle VIII in lieu thereof, so as to clarify procedures for the admin- Istration of zoning reclassification requests, and providing for cir- cumstances in which public hear- ings may not be required, present. ed snd read. Councilman Tully moved that the Ordinance be re- ferred to the Planniug & Zoning Commission. Seconded By Council- man Wertzberger. Carried by the foJlowing vote: Yeas-Mayor Lundh, Councilmen Regular Session, April 5, 1976 Brady, Stackis, Tully, Wertzberger. Nays-None. AN ORDINANCE amending and cbanging Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of DuBuque, Iowa" By repealing Sub- section 5(a) and 5(c) and Section 10-101 of Article X thereof and enacting new subsections 5(a) and 5(c) of Section 10-101 of Article X in lieu thereof to provide a change in fee structure for re- classification of property, present- ed and read. Councilman Tully moved that the Ordinance be reo ferred to the Planning & Zoning Commission. Seconded by Council- man WertzBerger. Carried by the following vote: Yess-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. An Ordinance creating and es. taBlishing the Dubuque Cable TV Commission, describing the pur. poses, funding and make-up there- of, was presented and read for in- formation, discussion and study. Councilman TuJly moved that the Ordinance be referred to the CaBle TV Commission for further recom- mendations snd report. Seconded By Councilman Stackis. Carried by the foJlowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. Petition of Harold Greenwood et al (28 signers) Hawkeye Heights and Olympic Heights Area being opposed to proposed annexation due to possible payment of a full tax rate without the benefit of sewer and water, presented and read. Councilmsn Brady moved that the petition be received and filed and referred to the Public Hearing on annexation. Seconded By Councilman Staclds. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, WertzBerger. Nays-None. Petition of Amy Dolan et al (36 signatures) students from Holy Ghost School requesting the estaB- lishment of Bike Routes, present- ed and read. Councilman TuJly moved that the petition be re- ceived and filed and referred to the City Manager and Traffic De- partment. Seconded by Mayor Lundh. Carried by the foJlowing vote: Yeas-Mayor Lundh, Councilmen Brady, Staclds, Tully, Wertzberger. Nays-None. Petition of Mrs. Hacold Saefkow et al (111 signers) requesting that the existing HiJI Stceet Neighbor- bood Ass'n be accepted and en- dorsed for the purpose of improv- ing the area and due to the "pri- vacy law" are questioning the voting eligiBility of the petitioners, presented and read. Councilman Brady moved that the petition be accepted and referred to the Com- munity Development Department and they answer questions that Council has raised and people corne and talk to Council. Second- ed by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen I Brady, Tully, Wertzberger. Nays-Councilman Stackis. Petition of Dubuque Sports Un- limited Inc. requesting permission to sell opening day Buttons and season tickets in Downtown Plaza on April 10th & 11th, presented and read. Councilman Wertzberger moved that the request Be ap- proved subject to Manager's ap- proval. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. Petition of Ken Scbromen re- questing permission to excavate at 2277 South Way to repair water line, presented and read, Council- man Wertzberger moved that the request be spproved. Seconded by Councilman TuJly. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Dubuque Arts Coun. cil requesting to meet with the Council at 8 P,M. on Tuesday, April 13th, to determine the po- tential and support for an outside touring professional danee compa- ny, presented and read. Council- man Wertzberger moved that the petition be referred to the Recrea. tion Commission. Seconded by Councilman Tully. Carried by the foJlowing vote: 156 Regular Session, April 5, 1976 157 Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. Petition of Youth Services Board requesting a work session with the Council being of the opinion that a redefinition of the mission of the department is in order, presented and read. Councilman Stackis moved that the meeting Be set. for April 20, 1976 at 7:30 o'clock P.M. in the Council Chambers at City Hall. Seconded by Councilman Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. Petition of DA V Unit #6 reo questing permission to seJl For. get-Me-Nots on July 23 and 24, 1976, presented and read. Coun. cilman Brady moved that tbe re- quest be approved subject to final approval of the City Manager. Seconded by Councilman Wertz. berger. Carried By the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, WertzBerger. Nays-None. Petition of Thompson's Food Market requesting a refund of $25, on the unexpired portion of Cigarette License No. 622, discon- tinued business on FeBruary 13, 1976, presented and read. Coun. cilman Stackis moved that the re- fund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman TuJly. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Thompson's Food Market requesting a refund of $18.75, on the unexpired portion of Class "C" Beer Permit No. C- 1975-75, discontinued business on FeBruary 12, 1976, presented and read. Councilman Stackis moved that the refund Be granted and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Joseph A. Schumach. er requesting a refund of $25, on 158 the unexpired portion of Cigarette License No. 614, discontinued bus- I iness on March 29, 1976, presented and read. Councilman Stackis moved that the refund be granted and City Auditor directed to Issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Florence E. Chalder requesting a refund of $25, on the unexpired portion of Cigarette Li- cense No. 660, discontinued busi- ness on March 31, 1976, presented and read. Councilman Stackis moved that the refund be gcanted .and City Auditor directed to issue proper warrsnt. Seconded by Councilman Tully. Csrried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. . Nays-None. Petition of Florence Chalder re- questing a refund of $37.50, on unexpired portion of Class "c" Beer Permit No. C-2957.75, dis- continued business on March 31, I 1976, presented and read. Council- msn Stackls moved that the refund be granted and City Auditor di- rected to issue propper wsrrant. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackls, Tully, Wertzberger. Nays-None. Petition of Richard N. Stecklein requesting a refund of $25, on the unexpired portion of Cigarette Li- cense No. 723, discontinued busi- ness on March 31, 1976, presented and read. Councilmsn Stackis moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Regnlar Session, April 5, 1976 Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger Emil Stackis Councilmen curb line of 4th St. to the north curb line of 3rd. 4. Davis Ave. from the W.P.L. of Windsor Ave. to the E.P.L. of Sheridan Rd. 5. Dodge St. from the E.P.L. of Bluff St. to the Julien Dubuque Bridge. 6. Eagle Point Park-roadway. 7. English Lane from tbe S.P.L. of Mt. Loretta St. to tbe W.P.L. of Sullivan St. 8. Intersection widening at John F. Kennedy, Highway 20 and Uni- versity Ave. 9. Marquette Place from the W. P.L. of Queen Street to the south property line of Lot 4 of Audubon Addition. 10. Samuel St. from north curb line of Southern Ave. to the south curb line of Tressa St. 11. Tower Dr. from the west street line of Rockdale Rd. (sta. 0+09) to the W.P.L. of Lot 2.1.1- 1-2 of Mineral Lot 433 (sta. 9+80.29). 12. Walnut St. from the S.P.L. of Loras Blvd. to the N.P.L. of University Ave. 13. Windsor Ave. from the N.P. L. of Davis Ave. to the S.P.L. of tbe alley south of Strauss Street. In the estimated amount of $492,518.27, presented and read. Councilman Tully moved adoption I of the resolution. Seconded by Councilman Wertzberger. Carried By the following vote: Yeas-Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-Councilman Brady. (Necessity for Improvement) RESOLUTION NO. 108.76 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have Been duly pre- pared and approved By the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing smong other things the followhig: 1. The assessment limits, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of Regular Session, April 5, 1976 Submitted April 1, 1976. John L. White, P.E. City Engineer Councilman Tully moved that the communication be received and filed and April 20, 1976 at 4:30 P.M. set as time to Inspect streets on program. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-Councilman Brady. RESOLUTION NO. 106.76 BE IT RESOLVED by the City Council of the City of Dubuque, lows: Section 1. That the attached sheets no. 1 to 16, inclusive, are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1976 As- phalt Paving Project No.1, and the valuations set out therein, are hereby approved. Adopted this 5th day of April, 1976. Attest: Leo F. Frommelt City Clerk Councilman Tully moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-Councilman Brady. RESOLUTION NO. 107.76 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifications, form of contract, plat and schedule, including val- uations appesring thereon and all other documents for the City of Ap n 2 1976 Dub.uque. 1976 Asphalt Paving To the Honorable Mayo:' Project ~o. 1: and City Council 1. AllHne St. from the S.P.L. of I hereby submit the attached UmversIty Ave. to the N.P.L. of sheets no. 1 to 16, inclusive, show- Dodge St. ing a schedule of the proposed 2. Ashton PI. from the N.P.L. valuations and assessments for the of pecorsh St. to the S.P.L. of City of Dubuque 1976 Asphalt Pav- Delaware St. ing Project No.1. 3. central Ave. from the south 159 construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1976 Asphalt Paving Project No.1: 1. Alpine St. from the S.P.L. of University Ave. to the N.P.L. of Dodge St. 2. Ashton PI. from N.P.L. of De- corah St. to the S.P.L. of Dela. ware St. 3. Central Ave. from the south curb line of 4th St. to the north curb line of 3rd. 4. Davis Ave. from the W.P.L. of Windsor Ave. to the E.P.L. of Sheridan Rd. 5. Dodge St. from the E.P.L. of Bluff St. to the Julien DuBuque Bridge. 6. Eagle Point Park-roadway. 7. English Lane from the S.P.L. of Mt. Loretta St. to the W.P.L. of Sullivan St. 8. Intersection widening at John F. Kennedy, Highway 20 and University Ave. 9. Marquette Place from the W. P.L. of Queen Street to the south property line of Lot 4 of Audubon Addition. 10. Samuel St. from north curb line of Southern Ave. to the south curb line of Tressa St. 11. Tower Dr. from the west street line of Rockdale Rd. (sta. 0+09) to the W.P.L. of Lot 2-1-1-1.2 of Minersl Lot 433 (sta. 9+80.29). 12. Walnut St. from the S.P.L. of Loras Blvd. to the N.P.L. of University Ave. 13. Windsor Ave. from the N.P.L. of Davis Ave. to the S.P.L. of the alley south of Strauss St. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable and necessary for the puBlic wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of tbe proposed assessments, they shall be deemed to have waived all objections thereto. Said Improvements shall be con- structed and done in accordance with the plans and specifications 160 Regular Session, April 5, 1976 Regular Session, April 5, 1976 161 lution of Necessity and the City I WHEREAS, the City of Dubuque Clerk be and he is hereby directed in conformance with the Environ- to cause a notice of the time and mental Review Procedures for the place of such hearing to be pub- Community Development Block lisbed in some newspaper pub- Grant Program convened an ad lished in the city of Dubuque, the hoc committee on March 4, 1976 last of which shall be not less and completed an Environmental than two (2) nor more than (4) Assessment of a proposal (project) weeks prior to the day fixed for to purchase cleared land in the its consideration and unless prop- Downtown Urban Renewal Proj. erty owners at the time of final ect, Iowa R-15, with Community èOnsideration of said resolution Development Block Grant funds; have on file with the Clerk ob- and jections to tbe amount of the pro- WHEREAS, pursuant to Resolu. posed assessment, they shall have lion No. 72-76 adopted March 8, been deemed to have waived all 1976, Public Notice of a "Finding objections tbereto, at which hear- of no significant effect on the en- ing the Council wm hear such ob- vironment" for the proposal (proj- jections and enter on record its ect) was published March 9, 1976, final decision thereon. in tbe Dubuque Telegraph Her. Passed, adopted and approved aid, a newspaper of genersl circu- tbis 5th day of April, 1976. lation,and provided for a public Alvin E. Lundh comment period until 12:00 noon, Mayor Wednesday, March 31, 1976; and Thomas A. Tully, Jr. WHEREAS, Public Notice of a Richard Wertzberger "Finding of no significant effect Emil Stackis on the environment" for the pro- CounclJmen posal (project) was sent By regu- lar mail to various Federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a PuBlic Notice; and WHEREAS, any and all objec. tions, if any, to such a proposal, have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the u.s. Department of Housing and Urban Development for release of funds under the ssid Act to carry out the above identified project, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Environ- mental Review Record for the pur- chase of cleared land in the Down. town Urban Renewal Project, Iowa R-15, with Community De- velopment Block Grant funds shalJ continue to remain on file in the Office of the City Clerk, where said record may be examined and copied by any interested party. SECTION 2. That the Mayor of the City of Dubuque is hereby au- thorized and directed to submit to the U.S. Department of Housing and Urban" Development on the which have been prepared there- 1. Alpine St. from the S.P.L. of fore by the City Engineer which University Ave. to the N.P.L. have been approved by the City of Dodge St. Council and are now on file with 2. Ashton PI. from the N.P.L. of the City Clerk. That the cost and Decorah St. to the S.P.L. of expense of making said improve- Delaware St. ment will be assessed upon and 3. Central Ave. from the south against all privately owned prop- curb line of 4th St. to the erty lying within assessable dis- north curb line of 3rd. tance provided by law and in an 4. Davis Ave. from the W.P.L. of smount not to exceed the amount Windsor Ave. to the E.P.L. of provided by law, property will be Sheridan Rd. assessed whether the same abuts 5. Dodge St. from the E.P.L. of thereon or is adjacent thereto ac- Bluff St. to the Julien Dubuque cording to area and in proportion Bridge. to the special benefits conferred 6. Eagle Point Psrk-roadway. thereby, and auy deficiency shalJ 7. English Lane from the S.P.L. be paid out of the RU.T. Funds. of Mt. Loretta St. to the W.P. Street bonds shall be issued and L. of Sullivan St. sold in anticipation of deferred 8. Intersection widening at John paymeuts of assessments when a F. Kennedy, Highway 20 snd contract has been performed and University Ave. accepted and the proceeds thereof 9. Marquette Place from the W. used to pay ibe contrsctor. The P.L. of Queen St. to the south railway portion of any street or as- property line of Lot 4 of Au. sessment district shall be assessed dubon Addition. to and paid by the railway com- 10. Samuel St. from north curb pany. line of Southern Ave. to the The above resolution was intro- south curb line of Tressa St. duced, approved and ordered 11. ~ower Dr. from the west street placed on file with the City Clerk lme of Rockdale Rd. (sta. 0+09) this 5th day of AprlJ, 1976. to the W.P.L. of Lot 2-1-1-1-2 Approved and placed on file for of Mineral Lot 433 (sta. final action. 9+80.29) Alvin E Lundh 12. Walnut St. from the S.P.L. of Mayor . Lo~as ~lvd. to the N.P.L. of Thomas A. TulJy, Jr. U~lversllY Ave. Richard Wertzberger 13. wmdso!' Ave. from the N.P.L. Emil Stackis of DaVIs Ave. to the S.P.L. of Councilmen the alJey south of Strauss Attest: Street. Leo F. Frommelt and, City Clerk WHEREAS, the proposed Reso- Councilmsn TulJy moved aI'- lution of Necessity for said im- proval of the resolution. Seconded prove.ment has b.een introduc.ed by Councilman Wertzberger. Car- and ~s no.w on fIle in. the ClIy ried by the following vote: Cierk s offICe for pubhc mspectlon. Yeas-Mayor Lundb, Councilmen BE IT THEREFORE RESOLVED Stackis, TulJy, Wertzberger. that o~ the 3rd day. of May, 1976, Nays-Councilman Brady. a publ~c hearmg wIll be ~eld at 7:30 a clock P.M. C.S.T. m the (Fixing date of hearing) Council Chamber in the City of RESOLUTION NO. 109.76 Dubuque at which time the own- ers of property subject to assess- WHEREAS, the City Council of ment for the proposed improve- the City of Dubuque, Iowa, has by ment may appear and make objec- Resolution No. 107-76 given its tion to the proposed plans and preliminary approval on the pro. specifications and proposed form posed plans, specifications and of contract and at the same time form of contract and placed same to the boundaries of the proposed on file in the office of the City district, to the cost of the improve- Clerk for puBlic inspection, for the \ ment, to the amount proposed to construction of: City of Dubuque be assessed against any lot and to 1976 Asphalt Paving Project No.1: the passage of the proposed Reso- Attest: Leo F. Frommelt City Clerk Councilman TulJy moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Stackis, TulJy, Wertzberger. Nays-Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice of Finding of No Significant Effect on the Environment for a Project identified as the purchase of cleared land in the Downtown Ur- ban Renewal Project, Iowa R-15, to Be undertaken under Title I of tbe Housing and Community De- velopment Act of 1974, presented and read. Councilman Wertzberger moved that the proof of publica- tion be received and filed. See. onded by Councilman Stackis. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. RESOLUTION NO. 110.76 Authorizing submission of are. quest for release of funds for the purchase of cleared land in the Downtown Urban Renewal Project, Iowa R.tS. 162 Regular Session, April 5, 1976 13th of April, 1976, a request for release of funds to undertake the said Project. SECTION 3. That the Mayor of the Clty of Dubuque Is hereby au- thorized to consent to assume the status of a responsible Federal of. ficial under the National Environ- mental Protection Act, insofar as the provisions of the said Act ap- ply to the U.s. Depsrtment of Housing snd Urban Development's responsibilities for review, deci- sion-making, and action assumed and carried out by the City of Dubuque as to environmental is- sues. SECTION 4. That the Mayor of the City of Dubuque is hereby au. thorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, deci. sion-making and action. SECTION 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a Certification pertaining to the environmental review pro- cedures. SECTION 6. That the City Clerk be and he is hereby authorized snd directed to publish a public notice for a Request for Release of Funds and Certification In the form of Exhibit "A" attached here. to and made a part hereof. Passed, approved and adopted this 5th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Com- munity Development Block Grant Program, the City of Dubuque in. tends to file a request on April 13, 1976, for Release of Funds for Certification of a project identi. fied as the purchase of cleared land in the Downtown Urban Re- newal Project, Iowa R-15, to be undertaken with funds made avail- able under Title I of the Housing and Community Development Act of 1974. The project includes the pur. chase of cleared land in the Down- town Urban Renewal Project, Iowa R-15, by the City of Du. buque, and upon resale of the cleared land for redevelopment purposes in accordance with the approved Urban Renewal Project to redeposit the funds in the Com- munity Development Block Grant Program. The City of Dubuque has made an Environmental Review Record for the project, and has placed this record on file in the Office of the City Clerk In City Hall, 13th and Iowa Streets, Dubuque, Iowa, where said record may be examined and copied between the hours of 8:00 AM and 5:00 PM, Monday through Friday until 5:00 PM on the 4th day of May, 1976. The name of the applicant is the City of Dubuque, Iowa, and the Chief Executive Officer of the applicant is Mayor Alvin E. Lundh. The mailing address for both the applicant and the Chief Executive Officer is City Hall, 13th and Iowa, Dubuque, Iowa. The City of Dubuque will un- dertake the project described above with Block Grant funds from the U.S. Department of Hous- ing and Urban Development (HUD), under Title I of the Hous, ing and Community Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and Alvin E. Lundh, in his official capacity as Mayor, consent to accept the jurisdiction of the Federal court if an action is brought to enforce responsibil- ities in relation to environmental reviews, decision msking, and ac. tion; and that these responsibil- ities have been satisfied. The legsl effect of the certification is that upon its approval, the City of Du- buque may use the Block Grant funds and HUD will have satis- fied its responsibilities under the National Environmental Policy Act of 1969. HUD will accept an objec- tion to its approval of the release of funds and acceptance of the certification only if it is on one Regular Session, April 5, 1976 of the following bases: (a) That RESOLUTION NO. 111.76 tbe certification was not in fact executed by the chief executive RESOLUTION approving Plat of officer or other officer of appli- Block 5 and Block 6 in "Sherwood cant approved by HUD; or (B) that Park" .in Section 10, Dubuque applicant's environmental review TownshIp, DuBuque County, Iowa. record for the project indicates WHEREAS, there has been filed omission of a required decision, ,,:it~. the City Clerk of ~he Sub. finding, or step applicable to the dlVlslOn to be known as Block 5 project in the environmental re- and Block 6 in 'Sherwood Park' "; view process. Objections must be and prepared and submitted in accord- WHEREAS, upon said plat ap. ance with the required procedure pears a street to be known as (24 CFR Part 58) and may be ad- RoBin Hood Drive, together with dressed to HUD' at Omaha Area certain public utility easements Office, 7100 West Center Road which the owners by said plat Omaha, Nebraskia 68106. Objec: have dedicated to the public for. tions to the release of funds on ever; and Bases other than those stated WHEREAS, said plat has been aBove will not be considered by examine~ by the. City Planning HUD. No objection received after and Zoning CommIssion and had the 4th day of May, 1976, wm be its approval endorsed thereon; and considered by HUD. WHEREAS, said plat has been Leo F. Frommelt examined by the City Council and City Clerk they find that said subdivision is . within the jurisdictional area of Cou.ncllman Wertzberger moved the City of Dubuque pursuant to adoptlOn of the resolution. Sec. Section 409.14 of tbe 1975 Code o!,ded by Councilm.an Stackis. Car- of Iowa; and also that same con. fled by the followmg vote: forms to statutes and ordinances Yeas-Mayor Lundh, Councilmen relating thereto, except that street Brady, Stackis, Tully, Wertzberger. grades have not been established, Nays-None. the streets brought up to grade, or storm sewers, catchbasins and paving installed, NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the plat of Block 5 and Block 6 in "Sherwood Park" in Section 10, Dubuque Township, Dubuque County, Iowa, be and the same is hereby ap. proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, up- on said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing; a. To reduce the street to grade and to construct concrete curb and gutter and to hard surface Robin Hood Drive with bitumi. nous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque or Dubuque County standard specifications. b. To install storm sewers and catchbasins all in accordance with City of Dubuque or Dubuque County standard speciticatiQl g, March 26, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Block 5 and Block 6 in "Sherwood Park," Section 10, Dubuque Township, Dubuque County, Iowa. The Commission recommends your favorable consideration of the final plat provided that the de- veloper complies with City of Du- buque Standard Specifications for curb, gutter and paving, all sub- ject to the approval of the City Engineer. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman. Stackis moved that the communication be received and filed and recommendation be approved. Seconded by Council. man Tully. Carried by the follow- ing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 163 164 Regular Session, April 5, 1976 c. To construct the foregoing I improvements in accordance with plans and specifications submitted to and approved by the City Man- ager under the inspection of the City Engineer, or the Dubuque County Engineer, and in a manner approved by the City Manager, or the Dubuque County Engineer. d. To maintain all street im- provements, storm sewers and catcbbasins within tbe pubUc right of way for a period of four years from dste of its acceptance, by the appropriate governmental body. e. To provide the foregoing con- struction and maintenance at the sole expense of the subdividers, Merlin A. Digman, and Eileen F. DIgman. f. To construct said Improve. I ments prior to April 1, 1978. g. That the owners, Merlin A. Digman, Eileen F. Digman, Bert A. Shade and Hilda M. Shade. se- cure tbe performance of the fore- going conditions in a manner ac. ceptable to the City Manager, or in a manner acceptsble to the Du- buque County Board of Supervis- ors if said Bosrd elects to require security. Section 2. That in the event Mer- Un A. DIgman, Eileen F. Digman, Bert A. Shade and Hilda M. Shade shall fsil to execute the accept- ance and furnish the security pro. vided for in Section 1 hereof with- in forty-five (45) days after the date of this Resolution, the provi. sions hereof shall be null and void. Passed, adopted and approved this 5th day of April, A.D., 1976. Alvin E. Lundh Mayor James E. Brady Emil Stackis Thomas A. Tully, Jr. Ricbard Wertzberger Councilmen Attest: Leo F. Frommelt City Clerk State of Iowa DuBuque County ty aforesaid, and as such Clerk attest to the above Resolution. Leo F. Frommelt City Clerk of the City of DuBuque ACCEPTANCE OF RESOLUTION NO. 111.76 We, the undersigned Merlin A. Digman, Eileen F. Digman, Bert A. Shade and Hilda M. Shsde, having read the terms and conditions of the foregoing Resolution No. 111- 76 and Being familiar with the con- ditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa this 15th day of April, 1976. Merlin A. DIgman Eileen F. Digman Bert A. Shade Hilda M. Shade Councilman Stackls moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the foJlowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 112.76 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relsting to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Theodore C. Bartmann, The White House, 450 West Locust Douglas J. Heinen, Main Street Beer Store, 113 Main Street J. D. Street & Co., Inc., Dubuque Zephyr, 55 John F. Kennedy Regal "8" Inn, 2670 Dodge St. Passed, adopted and approved this 5th day of April 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard WertzBerger James E. Brady Emil Stackis Councilmen os. I, Leo F. Frommelt, do hereby certify that I am the duly ap.¡ Attest: pointed, qualified City Clerk of Leo F. Frommelt the City of DuBuque in the Coun- City Clerk Regular Session, April 5, 1976 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 113.76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the foJlowing applicstions be granted and permits issued upon the compliance with the terms of tbe Ordinances of the City. CLASS "C" BEER PERMIT Dóuglas J. Heinen, Main Street Beer Store, 113 Main Street Grandview Drug, Inc., 486 North Grandview Ave. Richard E. Palmer, Palmer Drug Store, 2600 Dodge Street Leonard Oil Co., Site Service Sta- tion Mini/Mart, 1307 Dodge Street CLASS "B" BEER PERMIT Dubuque Jaycees, 1023'02 Main St. (Also Sunday Sales) Passed, adopted and spproved this 5th day of April 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the foJlowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. RESOLUTION NO. 114.76 WHEREAS, applications for Beer Permits were filed by the within named applicants snd tþ.ey have received the approval of this Council; and 165 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of tbis City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by tbe City Council of tbe City of Dubuque, Iowa, that the Manager be authorized to cause to Be issued to the follow- ing named applicants a Beer Per- mit. CLASS "C" BEER PERMIT Douglas J. Heinen, Main Street Beer Store, 113 Main Street Grandview Drug Inc., 486 N. Grandview Ave. Richard E. Palmer, Palmer Drug Store, 2600 Dodge Street Leonard Oil Co., Site Service Sta- tion Mini/Mart, 1307 Dodge St. CLASS "B" BEER PERMIT Dubuque Jaycees, 1023'02 Main Street (Also Sunday Sales) Passed, adopted and approved this 5th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adoI" tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, WertzBerger. Nays-None. RESOLUTION NO. 115.76 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same bave Been examined; NOW THEREFORE BE IT RE- SOLVED By the City Council of the City of Dubuque, Iowa, that the foJlowing applications be ap- proved and licenses issued upon the compliance witb the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. Regular Søssion, April 5, 1976 Joyce L. Moeller, Oriole Oasis, 1604 Central Ave. (Also Sunday Sales) Ronald J. Fens, Ron's Barrell Tap, 1121 University Ave. Mary Kathryn Ford, Stop N-C Tap, 1027 Rhomberg Ave. Passed, adopted and approved this 5th day of AprlJ 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, Stackls, Tully, Wertzberger. Nays-None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Wertzberger. Csrried by the fol. lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk 166 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Theodore C. Bartrnann, The White House, 450 West Locust St. Mary A. Miller, Packy's Tap & Grill, 700 Esst 16th St. (Also Sunday Sales) Joyce L. Moeller, Oriole Oasis, 1604 Central Avenue (Also Sun- day Ssles) Ronald J. Fens, Ron's Barrell Tap, 1121 University Ave. Mary Ksthryn Ford, Stop N-C Tap, 1027 Rhomberg Ave. Passed, adopted and approved this 5th day of April 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 1I6.7~ 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 Theodore C. Bartmann, The White House, 450 West Locust Mary A. Miller, Packy's Tap & Grill, 700 East 16th St. (Also Sunday Sales) Special Session, April 12, 1976 167 CITY COUNCIL Approved ....................................1976 man WertZberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Special Session, April 12, 1976. Communication of Youth Serv- Council met at 7:30 o'clock P.M. ices of Dubuque submitting appli. Pre.ent-Mayor Lundh, Council. cations for ne~ Board members men Brady Stackis, Tully, Wertz. for Youtb ServIces, presented and berger. Ciív Manager Gilbert D. read. Councilman Sta~kis moved Chavene"e. that the communicatIOn be reo ceived and filed and referred to Mayor Lundh read the csll and Council. Seconded by Councilman stated that service thereof had Wertzberger. Carried by the fol. been duly made and this meeting lowing vote: is called for the purpose of CON. Yeas-Mayor Lundh, Councilmen SIDERING VACATION AND SALE Brady, Stackis, Tully, Wertzberger. OF PROPERTIES IN HAWKEYE Nays-None. ESTATES TO CORRECT DISCREP. Communication of Catholic Moth. ANCIES AS TO THE L?CATION ers Study Clubs of Dubuque oppos. OF STREETS,. and actIng upon ing the charging of fees to indi. such other busIness as may prop- viduals, small gcoups and family ?rly corne before. a Regular Meet- grOUps at the Dubuque Parks, pre. mg of the CouncIl. sented and read. Councilman Mayor Lundh signed and aI'- Stackis moved that the communi. proved the following proclama. cation be received and flJed. Sec. tions: Proclaiming May 1976, as onded By Councilman Wertzberger. "AWBA Scholsrship Month in Du. Carried by the following vote: Buque, Iowa,". and PrOCla(~ing the Yeas-Mayor Lundh, CounclJmen week ?f AprIl 12~~ as Baseball Brady, Stackis, Tully, Wertzberger. Week m Dubuque. Nays-None. Dubuque '76 Inc., represented Communication of U. S. Coast by Mary Jo Keating, presented a Guard, Department of Transporta. project analysis on Dubuqueland tion, expressing appreciation for Bicentennial Projects. the outstanding cooperation by the Three naval officers represent. City Poli~e and Fi~e Departmen.ts ing the USS Dubuque were pres. at the time a ~llwaukee tra,!, ent. Lt. Jack Stollery, former corn- str?ck a protrudIng stock raIl munications officer from the sbip, whIC!' ruptu.red two fuel tanks presented an ashtray to the Coun- caus~ng a sPIllage. of 3000 gallons cil as a gesture of goodwill and of dIesel fuel. whICh was prevent- friendship. ed from runnIng into the h~rbor, presented and read. CouncIlman Communication of Playground Stackis moved that the communi. and Recreation Commission sub- cation be received and filed. Sec. mitting minutes of their meeting onded by Councilman Tully. Cae. of March 29, 1976, presented and ried by the following vote: read. Councilman Stacki~ moved Yeas-Mayor Lundh, Councilmen that the minutes be receIve~ and Brady, Stackis, Tully, Wertzberger. filed. Seconded by CouncIlman Nays-None. ~ertzberger. Carried by the follow. Communication of Five Flags mg vote: . Corporation advising of discussion Yeas-May.or Lundh, CouncIlmen of the needs of the proposed Civic Brady, StacklS, Tully, Wertzberger. Arena at a public meeting on Nays-None. Tuesday, April 13th at 7:30 P.M. Communication of Janice Gies- in Room 650 Dubuque Building, lor of 729 Edith St. disagreeing presented and read. Councilman with Chamber's suggestion of lim. Tully moved that the communica- iting garbage collection to once tion be received and filed. Second. a week also Being in favor of ed by Councilman Wertzberger. annexation, presented and read. Carried By the following vote: Councilman Stackis moved that Yeas-Mayor Lundh, CouncIlmen the communication be received Brady, Stackis, Tully, Wertzberger. and filed. Seconded by Council. I Nays-None. OFFICIAL Adopted ......................................1976 ............................................................ .....................................................""'" ............................................................ ............................................................ """"""""'cöü;;'~ïi;;;~ñ"""""""""'" Attest: """õii'ÿ"ëïërk""""""""""" 168 Special Session, April 12, 1976 169 April 9, 1976 Honorable Mayor and Councilmen We are submitting for your in- formation s second series of wa- ter rates. This second series is based on suggestions made during the discussion lsst Monday Eve- ning. We believe that this series, taken with the proposals previous- ly presented, offer comparstive data on which judgment can be made. We sre also sttempting to stu- dy and prepare a rate schedule de- signed to limit excessive use of water. We will try to hsve this available in tbe next two days. Gilbert D. Chavenelle City Manager Councilman Tully moved to sus- pend the rules to let anyone pres- ent address the Council if they so deisre. Seconded by Council- man Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Robert Dorothy of D.A.I.C. spoke to the communication stat. ing that Industry seem to be get. ting the big end; Individual home owners are the greatest waster; High rates s detriment to new in. dustry in Dubuque. Councilman Stackis moved that the communication of the City Manager be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzherger. Nays-None. April 7, 1976 To the Honorsble Mayor and Members of the City Council I have approved the foJlowing bonds and desire to have your ap. proval of same. SIDEWALK CONSTRUCTION CONTINUATION CERTIFICATE Edwards Concrete Contractors Inc., $1,000 Universal Surety Co., Bond No. 932751 to April 12, 1977. SIDEWALK CONSTRUCTION BOND Conlon Construction Co. $1,000, Northwestern National Insur- ance Co. effective date April 8 1976-one year. ' Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received snd filed and filing be approved. Seconded by Councilman TuJly. Carried by the foJlowing vote: Yeas-Mayor Lundb, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. Notice of Claim of Edward John Arndt, in the amount of $50,000, for personal injuries sustained on March 5, 1976, due to ice cover at the intersection of Westridge & Pennsylvania Ave., presented and read. Councilman Brady moved that the Notice of Claim be reo ferred to the City Solicitor for proper proceedings. Seconded by Councilman Wertzberger. Carried By the foJlowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nsys-None. Notice of Personal Injury Claim of Mary J. Lorenz, in an undeter. mined amount, for personal in. juries received in s faJl due to a defective sidewalk at 4th Street between Main and the alley slong- side Five Flags on March 14, 1976, presented and resd. Councilman Brady moved that the notice of claim be referred to the City So. licitor for proper proceedings. Sec. onded by Councilman Wertzberger. Carried by the following vote: Yeas-Msyor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nsys-None. Communication of Carolyn Men. ke suggesting the purchase of mini-buses to be used on Sundays by the elderly, in order to partici- pate in activities available, pre. sented and read. Councilman Bra. dy moved that the communication Be referred to the Transit Board. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. Proof of Publication, certified to by the PuBlisher, of Notice of Heariug for vacation and sale of interest in a portion of Inwood Avenue as sbown on Correction Special Session, April 12, 1976 Plst of Lots 6-19 incl. in Hawkeye th, "d,diWion 01 Inwood Avonu, ,nd Estates, presented and read. No H,wk,y, Ddv~ written objections were filed and NOW THEREFORE BE IT OR- no oral oBjectors were present in DAINED BY THE CITy COUNCIL tbe Council Chamber at the time OF THE CITY OF DUBUQUE, IOWA, set for the hearing. Councilman SECTION 1. Th" th, ponion 01 In- Stackis moved that the proof of wood Avonn, " ,hown on th, ,om,tion puBlication Be received and filed. pht 01 Lo,". 6-19, inelu,iv" in H,wk- Seconded b~ Councilman We~tz. ;:~, E;:1:~' s:;":~,, C;t~ ~;73D~~uq:h'; berger. CarrIed by the foJlowmg offi" of th, Dubuqu, County Roc"d" vote: " I"'t,"m,nt No. 7492-1973 b, ,nd th, Yeas-Mayor Lundh, Councilmen "m, i, h",by v"""d. Brady, Stackis, Tully, Wertzberger. SECTION 2. Th" th, di'po"I of in- Nays-None. """ ",d th, "nVOy,nce by th, City ORDINANCE NO. 12.76 ~; ~,~:o~u'Á;~::e i:, ':;,~:~ ~:"'l:'::~ ~n Ordinance vacating that por- ~:~~~~d ~~"He~:í'~:~o;';'dd:::nt~n';\ei:t lIon of Inv.:°od Avenue as shown hmb,nd 'nd wi/" L,w"nce T. Heid on Correction Plat of Lots 6.19, 'nd Aii" D. Heid hu,b,nd 'nd wit, inclusive, in Hawkeye Estates in 'nd Dubuqu, S>vin~' ,nd Loon A""i,: the City of Dubuque, Iowa filed tion I" th, ,um of On, ($1.00) Dolh" in the office of the Dubuque pIm "'" 01 pubH",ion ,nd d", no ,b- County Recorder as Instrument """ 01 titl, will b, lutni,h,d i, h",by No. 7492.1973 on September 18, 'ppcovod. 1973, SECTION 3. Th" th, City CI"k b, . Said Ordinance having been pre- :~~ ~f i:n~~:b;o d~:;~:~ ~'ì ~~~;;,~t n~; vlOusl~ prese.nted and read at the "id Inwood Avonn, " di'phy,d on ",- CouncIl meetIng of March 29, 1975, ",tiou pI" h",in,boY< m'ntion,d to presented for final adoption. B"n"d F. Heid 'nd Add,n, C. Hold, hu,b,nd 'nd wile, L,w"n" T. Heid ORDINANCE NO. 12.76 ,nd AH" D. Heid, hmb,nd ,nd wife, AN ORDINANCE VACATING ::~~t ~utnj,';:' ]~:;i~;~u:,~~. Loon A"",,- THAT PORTION OF INWOOD AVENUE AS SHOWN ON COR- P",ed, ,ppcovod 'nd ,dop"d thi, 12th RECTION PLAT OF LOTS 6-19, d,y 01 Ap,iI, 1976. INCLUSIVE, IN THE HAWKEYE Alvin E. Lundh ESTATES IN THE CITY OF DU. M,yo, BUQUE, IOWA FILED IN THE Tho'll" A. Tully, J', OFFICE OF THE DUBUQUE RtelUtd W""b"g" COUNTy RECORDER AS IN- J,m« E. B"dy STRUMENT NO. 7492-1973 ON Emil S"tki, SEPTEMBER 18, 1973. Coun,ilm,n WHEREAS, "m"ion pI" 01 Lo," At{"" F F I 6-19, inelmiv" in H,wk,y, E""" in e~, . cí,,¡:m't th, Chy 01 Dubnqn" low, w" liI,d tty" in th, office 01 th, Dubuqu, County Publi,h,d oHkhlly in th, Td'",ph R",td" on th, 18th d,y 01 S'p"mb", H",id N,w,p,p" thi, 16th d,y 01 ApdI 1973 " Inmum,nt No. 7492-1973 which 1976. """don pi" di,pl,yed , po"ion 01 L,o F. F,ommdt Inwood Avenue th",on; ,nd City CI"k WHEREAS, it i, tepm'nted to th, It 4/16 City Coun,,1 th" tb, "wion of pOt- tion 01 Inwood Avenn, " ,hown on "id 'Otmtion pI" i, neo"",y in Otd" to cIo" np the "i,ting I'g,] infi'miti" in th, pl"'ins p,"",ding' ,nd th" upon th, "",ion d""ol , n,w pI" 01 Lo," 1-29, ind",ive, ,nd Lot A in H,wk,y, E""" in the City of Dubuqu,. low, will ted,d¡"" Inwood Av'nue ,nd H,wk,ye Ddve to th, City of Dubuqn', low,; 'nd WHEREAS, th, Pbnning ,nd Zoning Commi"ion of tb, City 01 Dubuque, low, h" ,pptOved th, v""ion of ,,¡d po"ion of Inwood Avenn, " di'pby,d in th, 'o"",ion pht in "n"d,"'ion 01 Councilman Stsckis moved final adopdon of ,be Ordinance. Second- ed by Councilman Wertzberger. Carried by the fallowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. RESOLUTION NO. 117.76 WHEREAS, pursuant to Resolu. tion and puBlished notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation puBlished in 170 Special Session,. April 12, 1976 the City of Dubuque, Iowa on April 1, 1976, the City Council of the City of Dubuque, Iowa met on the 12th day of April, 1976 at 7:30 o'clock P.M. (Central Stand- ard Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque in and to thst portion of Inwood Avenue as shown on Cor- rection Plat of Lots 6,19, inclu- sive, in Hawkeye Estates to Ber- nard F. Hefel and Adelene C. Hef. el, husband and wife, Lawrence T. Hefel and Alice D. Hefel, husBand and wife, and Dubuque Savings and Loan Association; and WHEREAS, the City Council of the City of Dubuque, Iowa over- ruled any and all objections, oral or written, to the proposal to dis. pose of interest of the City of Dubuque, Iowa in the hereinafter described real estate to Bernard F. Hefel and Adelene C. Hefel, husband and wife; Lawrence T. Hefel and Alice D. Hefel, husband and wife, and Dubuque Ssvings and Loan Association; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of interest of the City of DuBuque, Iowa of an interest in and to that portion of Inwood Avenue as shown on Correction Plat on Lots 6-19, inclusive, in Hawkeye Estates I to Bernard F. Hefel and Adelene C. Hefel, husband andwife, Law. rence T. Hefel snd Alice D. Hefel, husband and wife, and Dubuque Savings and Loan Association for the sum of One DoJlar ($1.00) plus costs of puBlication and that no aBstract of title will be furnished and the same is hereby approved and that conveyance shall be by Quit Claim Deed. Section 2. That the Mayor and the City Clerk be and they are hereby authorized to execute said deed of conveyance and the City Clerk be and he is hereBy directed and authorized to deliver said deed of conveyance of the above de- scribed real estate to the herein- above mentioned grantees upon re- ceipt of the purchase price. Section 3. That the City Clerk be and he is hereBy authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 12th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Wertzberger. Car. ried By the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. Proof of Publication, certified to by the publisher, of Notice of Va. cation and Sale of Interest of a portion of Inwood Ave. and Hawk- eye Drive as shown on plat of Lots 1.29 and Lot A Hawkeye Es. tstes, presented snd read. No writ. ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stack- is moved that the proof of publi- cation Be received and filed. Sec. onded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. ORDINANCE NO. 13.76 An Ordinance vacating Inwood Avenue and Hawkeye Drive as shown in Plat of Lots 1 to 29, inclusive, and Lot A in Hawk- eye Estatas in the City of Du. buque, Iowa filed on May 29, 1973 as Instrument No. 4158. 1973 and as filed as Instrument No. 5388.1975 on July 28, 1975 in the office of the Dubuque County Recorder. Said Ordinance having been pre- viously presented and read at the Council meeting of March 29, 1976, presented for final adoption. ORDINANCE NO. 13.76 ORDINANCE VACATING IN- WOOD AVENUE AND HAWK- EYE DRIVE AS SHOWN IN PLAT OF LOTS I to 29, Inel",;vo, AND LOT A IN HAWKEYE ESTATES IN THE CITY OF DUBUQUE, Special Session, April 12, 1976 IOWA PILED ON MAY 29, 1973 AS INSTRUMENT NO. 4U8-1973 AND AS FILED AS INSTRUMENT NO. 538S-1975 ON JULY 28, 1975 IN THE OFFICE OF THE DU- BUQUE COUNTy RECORDER. WHEREAS, , pI" of Lot 1 to 29, indu,ivo, ,nd Lot A in H,wkcye E,- "", in the City of Dnbuqne, low, w" filed on M,y 29, 1973 in the office of the Recood" in ,nd fn< Dubuque Coun- ty, low, " Inmument No. 4158-73 ,nd filed on July 28, 1975 iu thc offi" of the Dubuque Couuty Recood" " lu- "mment No. 5388-1975 de"gn"e ,ud ,how th"oon the I""ion of Inwood Ave- nue ,nd H,wkeye Drivo; ,nd WHEREAS, the City of Dubuque, low, ,dop"d Remlutiou No. 128-73 which w" filed on M,y 29, 1973 in the offi" of th, Dubuque County Recood" " In- ".ument No. 4U9.73 and by vi..ue of ,oid R"olutiou the City Couudl of the City of Dubuque, low, ,pptovod the pI" of Lot! 1-29, iud",ive, ,ud Lot A ,II in H,wkeye E,"", in the City of Du- buque, Iowa ,nd did a"'pt the dedica- tion of Inwood Avonue ,nd H,wkeye Ddv' " ,hown in "id pI", ,nd WHEREAS, th" " the time of the filing of "id pi" 'nd the 'ppmvol thmof, the 'pou", of the then own", did not join in "id pi" ,nd, thmaf"" on July 2S, 1975 "id pi" w" "filed" In,"ument No. 5388-1975 in the office of Dubuque County Reeood" on July 28, 1975 wh",;n the 'pou", of the own. ~" juined in the ,igning of the pi", and . WHEREAS, tub"quent th""o. , PUt- po,"d comction pi" w" filed pUtpoot- ing to comct , di"..p,ncy in the 10- èotion of Inwood Avenue in "I "ion to the ,buttins 10," and which putpoo"d <o"eetion pi" w" ch,llensed by opinion of ",mining ottotney 'nd upon which it w" d""mined ,nd found th" th", w" , di""pancy in the location of Inwood Avenuo " ..1"" to the pl""d dimen,ioOt of the 10," ,butting thmon, 'nd th" it would he noce""y to voceto the t"pective pi", ,nd to P"P'" 'ud file, new pi", ,nd Leo F. Ftommelt WHEREAS, it i, "p"'entod to tbe City CI"k City Council tb" the v""ion of In- It 4/16 wood Avenue and R,wkeye Drive i, nee- Councilman Stackis moved final :~i:::;" :::1e:"~:t:~~:d Ureg:~e i:fi;:¡~:: adoption of th~ Ordinance. Sec- in tbe pbtting pmcedu", tb" tbe City onde.d by CouncIlman ~ertzberger. of Dubuque, low, ,bould vo"" Inwood CarrIed by the folloWIng vote: Avenne 'nd H,wkeye Ddve but ,h" in Yeas-Mayor Lundh, Councilmen "uth 'nd in fact, ,be new pi" of Lo," Brady, Stackis, Tully, Wertzberger. 1-29, ind.,ive, ,nd Lot A in R,wkeye Nays-None. E,t"" in ,be City of Dubuque, low, will ..dedic", Inwood Avenue ,ud RESOLUTION NO. 118.76 H,wkeye Ddve '° tbe City of Dubuque, low" ,nd WHEREAS, pursuant to Resolu. WHEREAS, ,be Phnning 'nd Zoning tion and publishe~ notice .of time Commi"ion of tbe Ci,y of Dubuque, and place of hearIng, pubhshed in low, 1", ,ppmved tbe v""ion of In- the Telegra~h-Her~ld, a ne~spaper wood Avenue ,nd R,wkeye Ddve in of general circulatIon publIshed In coOtid""ion of tbe "dedi"tion of In- wood Avenne 'nd R,wkeye Ddve, NOW THEREFORE BE IT OR. DAINED by the City Council of ,he City of Dubuque, low" SECTION 1. Tb" Inwood Avenue ,nd Hawkeye Ddve " ,bown on pi" of 1o," 1-29, inelu,ive, ,nd Lot A in H,wkey' E,"", in the City of Dubuque, low, filed on M,y 29, 1973 " In"",men, No. 4158-1973 ,nd " filed" In""'ment No. 5388-197> on July 28, 1975 in tbe of- fice of ,be Dubuque County Rccood" be ond tbe "me i, be..by vo"ted. SECTION 2. n" ,be di'po,,1 of in- te.." 'nd ,be conveyance by ,be City of Dubuque, low, in 'nd '0 Inwood Ave- nue ,nd H,wkeye Ddve oil in ,be ..b. divi,ion known" "H,wkeye E"",," iu d" City of Dubuque, low, '0 B"n"d P. Refel and Adelene C. Hefel, bu,b,nd 'nd wife, L,w..nce T. Hefel 'nd Alice D. Hefel, b.,b,nd ,nd wife, 'nd Du- buque SOYing' 'nd Loon A"oc;,'ion £", the..m of One Doll" ($1.00) pi., CO", of puhli",ion ,nd thot no ,bm", of tide will be fumi,bed, i, b",by 'p- PtOved. SECTION 3. Th" ,be City CI"k be ,ud be i, b"eby ditec"d '0 publi,b no- tice of in"n' to diopo" of inte"'t in ,oid Inwood Avenue ,nd H,wkcye Ddve '° Bem"d F. Refel ,nd Adelene C. Hef- el, h.,band ond wif" L,w..nce T. Hefel 'nd Alice D. Hetel, b.,bond and wife and Dubuque SOYing' ,nd Lo'n A"oci,- tion " i, by I,w ..qui..d. P",ed, 'pp,oved 'nd ,dopted ,I", 12th d,y of Apdl, 1976. Alvin E. Lundb M,yo, Thom" A. Tully. J', Ricb"dWe",b"g" J,m" E. B"dy Emil S"ck" Councilmen Att"tt Leo F. Pmmmel, City CI"k Publi,hed officially in ,be Tdeg"pb He"ld New'pap" tbi, 16th d,y of Apdl 1976. 171 172 Special Session, April 12, 1976 Special Session, April 12, 1976 173 Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, this 12th 1'ownship, Dubuque County, Iowa ¡¡platted.as Lots 1-29, inclusive, a~d Lot A in "Hawkeye Estates" hi tbe City of DuBuque, Iowa by Betn.ard F. Hefel and Adelene C. Hotel, his wife; L.awre!'ce T. Hefel .and Alice D. Hefel, hIS wIfe; and ubuque S.avings and Loan Asso- 1lltion; and . WHEREAS, upon s.aid pl.at aI'- . streets to be known .as eye Drive, Inwood Drive and .also easements for public utilities ,(¡liich the owners upon said pl.at hàve dedicated to the public fore- ~Ver; .and '.WHEREAS, said plat h.as been found by the City Council to con. form to the Statutes .and Ordi- nances relating thereto except th.at the streets have not been reduced to grade nor h.as p.aving, sewer, w.ater or sidewalks been inst.alled therein; NOW THEREFORE BE IT RE. SOLVED by tbe City Council of the City of Dubuque, Iowa: Section I. Th.at the dedication o(Ifawkeye Drive and Inwood Ave- nùe together with the e.asements for public utilities .all as the same IlPpe.ars upon said plat be .and tbe same are hereby accepted and th.at H.awkeye Drive and Inwood Avenue be .and are hereby est.ab- lished as puBlic streets in the City of Dubuque, Iow.a. Section 2. That the plat of the subdivision of Lot 1 of Lot 1 of Lot 1 of the Subdivision of Lot 1 of Lot I of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324 in Dubuque Township, Dubuque, Iowa .and which will hereafter be known .as Lots 1-29, inclusive, and Lot A in "H.awkeye Estates" in the City of Dubuque, Iowa is hereby .approved .and the Mayor .and City Clerk .are hereby authorized and directed to endorse the approv.al of the City of Dubuque upon said plat providing the owners of said property herein-before n.amed, exe- ~ute written acceptance, hereto .at- tached, agreeing: (a) To reduce H.awkeye Drive and Inwood Avenue to grade as shown By the profiles submitted with the plat; (b) To sur£.ace Hawkeye Drive and Inwood Avenue .a width of thirty (30) feet with six (6") inch Portland cement concrete p.ave- the City of Dubuque, Iowa on April 1, 1976, the City Council of the City of Dubuque, Iowa met on the 12th day of April, 1976 at 7:30 o'clock P.M. (Central Stand- ard Time) in the City Council Chambers, City Hall, DuBuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque in and to th.at vacated portion of Inwood Avenue and H.awkeye Drive as shown on plat of Lots 1-29, inclusive, .and Lot A in Hawkeye Estates in the City of DuBuque, Iowa to Bernard F. Hefel and Adelene C. Hefel, husBand and wife, Lawrence T. Hefel .and I Alice D. Hefel, husb.and and wife, snd Dubuque Savings and Loan Association; and WHEREAS, the City Council of the City of DuBuque, Iowa over. ruled any and all objections, oral or wcitten, to the proposal to dis- pose of interest of the City of Du- buque, Iowa in the hereinafter de. scribed re.al estate to Bernard F. Hefel and Adelene C. Hefel, hus- band .and wife, L.awrence T. Hef. el and Alice D. Hefel, and Du- buque S.avings and Loan Associa. tion; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iow.a: Section I. That the disposal of interest of the City of Dubuque, Iow.a of an interest in .and to that vacated portion of Inwood Avenue and Hawkeye Drive as shown on plat of Lots 1-29, inclusive, .and Lot A in Hawkeye Estates in the City of Dubuque, Iowa to Bern.ard F. Hefel snd Adelene C. Hefel, husband and wife, Lawrence T. Hefel and Alice D. Hefel, husband and wife, .and Dubuque Savings and Loan Associ.ation for the sum of One Dollar ($1.00) plus costs of publication .and that no .abstract of title will be furnished be and the same is hereby approved and thst conveyance shall be by Quit Cl.aim Deed. Section 2. Thst the Mayor and the City Clerk be and they are hereBy .authorized to execute said deed of conveyance and the City Clerk be and he is hereby directed and authorized to deliver s.aid deed of convey.ance of the .above described real estate to the here- inabove mentioned grantees upon receipt of the purch.ase price. .approved and adopted d.ay of April, 1976. Alvin E. Lundh M.ayor Thomas A. Tully, Jr. Richard Wertzberger James E. Br.ady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded By Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Br.ady, Stackis, Tully, Wertzberger. Nays-None. March 19, 1976 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has re- viewed the corrected final plat of Lots 1 through 29 and Lot A in "Hawkeye Est.ates: in the City of Dubuque, Iowa. Tbe Commission h.as given un.animous approval to the cor- rected final plat, as submitted, and recommends your favorable consideration. CITY OF DUBUQUE PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Wertzberger. Carried by tbe following vote: Yeas-Mayor Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 119.76 Resolution approving the plat of Lois 1.29, inclusive, and Lot A in Hawkeye Estates in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk of Dubuque, Iow.a a pl.at in which Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Miner.al Lot 324 in Dubuque ment with integcal curb and gut. ter or eight (8") inch rolled stone base with two and one-half (2'12") inches Bituminous concrete sur- £.ace. All the foregoing shall be constructed according to the lat. est City of Dubuque speCifications; (c) To install sidewalks upon Both sides of Hawkeye Drive and Inwood Avenue in accord.ance with the City of DuBuque's Stand. .ard Specifications for Permanent Sidewalks; (d) To install water mains In accordance with plans suBmitted with this plat; (e) To install sanitary sewers in accordance with plan suBmitted with this plat; (f) To install the sanitary sewer and w.ater house l.aterals to each lot to a certain point Behind the property line; (g) To construct the foregoing improvements in accordance with plans and specific.ations approved by the City Man.ager and under the inspection of the City Engi. neer; (h) To m.aint.aln all street im- provements and sewer and water mains for a period of four (4) years from the date of the accept- ance of said street improvements, sewers .and w.ater m.alns; (i) To provide the foregoing construction and m.ainten.ance at the expense of the owners and further providing th.at the owners of said subdivision secure the per- form.ance of the foregoing condi. tions by providing security in such sums and with such sureties as may be .accept.able to the City Man.ager which security h.as here. tofore Been furnished to the City Man.ager by Lawrence T. Hefel and Bern.ard F. Hefel .and which security is hereby approved, ratio fied and confirmed. Section' 3. Th.at the security h.av. ing heretofore Been provided as required By Section 3 of Resolu- tion No. 128-73 filed in the Office of the DuBuque County Recorder on May 29, 1973 as Instrument No. 4159-1973 p.assed By the City Council of the City of DuBuque, low.a on the 16th d.ay of April, 1973 and said security h.aving been approved by the City Man- .ager no new security is hereby re- 174 Special Session, April 12, 1976 quired of the owners of said prop- \ approved and taken out of the Bi- erty. centennial Fund. Seconded by Passed, approved and adopted Councilman Wertzberger. Cacried tbis 12th day of April, 1976. by the following vote: Alvin E. Lundh Yeas-Mayor Lundh, Councilmen Mayor Brady, Stackis, Tully, Wertzberger. Thomas A. Tully, Jr. Nays-None. ~~~:;dE.~,,::~berger Pet!tion of D.ennis ~eyer reo Emil Stackis Y q,:,estmg per.misslOn to rI~e in the Councilmen ClIy on Aprll 16th collectmg mono Attest: ey, as part of ~ Pony E:<press Ride, Leo F. Frommelt for the Benefll of CrIpple<;l Chil. City Clerk dre.n of Camp Sunnyside m Des Momes, presented and read. Coun. ACCEPTANCE cilmsn Tully moved that petition OF be approved subject to coordina. RESOLUTION NO 119.76 tion of the City Manager. Second. . ed by Councilman Brady. Carried Bernard F. Hefel and Adelene by the following vote: C. Hefel, husband and wife, and Yess-Mayor Lundh, Councilmen Lawrence T. Hefel and Alice D. Brady, Stackis, Tully, Wertzberger. Hefel, husband and wife, having Nays-None. read the terms and condltions of . . the foregoing Resolution No. 119. PetItI~n of Pe?p~es Natural Gas 76 and being familiar with the requestmg permlSSlOn to excavate contents thereof, hereby accept on Rbomberg .Ave. near. Marshall the same and agree to perform Stree~ to provide ca!hodiC protec- the conditions therein required for tlO!, m accordance wllh DOT regu. themselves and on behalf of Du. l~tIons, presented and read. Coun. buque Savings and Loan Associa. cllman Tully moved that the re- tlon which has acquired part own- quest. be granted. Seconded by ership of the property of said sub- Councllman ~ertzberger. Carried division for purposes of clearing By the followmg vote: the title and for purposes of sccur- Yeas-Mayor Lundh, Councilmen ing vacation of plats heretofore Brady, Stackis, Tully, Wertzberger. filed. Nays-None. 19?:ted this 14th day of April, Petition of Dubuque Transit . Bernard F. Hefel ~rustee ~oard requesting permls- Adelene C. Hefel SlOn to display a ~ew bus In Town Lawrence T. Hefel Clock Plaza, possIbly early June, Alice D. Hefel presented and read. Councilman Wertzberger moved that the re- Councilman Stackis moved adop- quest be approved subject to final tlon of the resolution. Seconded by approval of the City Manager. Sec- Councilm an Wertzberger. Carried I onded By Councilman Tully. Car- by the following vote: ried by the following vote: Yeas-Mayor Lundh, Councilmen Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Brady, Stackis, Tully, Wertzberger. Nays-None. Nays-None. Petition of Marine Corps League Petition of Sister Kenny Insti- requesting permission to appear tute requesting permission to con. Before the Council for the purpose duct their Kenny campaign during of requesting funds for Dubuque the month of September, 1976, pre- Detachment Marine Corps League sented and read. Councilman Color Guard to act as a represen- Stackis moved that the request be tative group on "Iowa Day" in approved subject to coordination Philadelphia, April 24, 1976, pre- of the City Manager. Seconded by sented and read. Gary W. Horn, Mayor Lundh. Carried by the fol. Commandant of Marine Corps lowing vote: Leag'!e, addre~~ed the Council Yeas-Mayor Lundh, Councilmen relatIve to petItlOn. Mayor Lundh Brady, Stackis, Wertzberger. moved that a Grant of $750.00 be Nays-Councilman Tully. Special Session, April 12, 1976 RESOLUTION NO. 120.76 WHEREAS, there is presented to the City Council of the City of Dubuque, Iowa a proposed form of Amendment to Lease by and through its Board of Dock Corn. missioners, as Lessor, and Flynn Ready-Mix Concrete Co., as Lessee, amending the lease between the parties dated SeptemBer 19, 1976, covering the real estate descriBed as: "A tract of land in the south- east one quarler of the north- west one quarter, Section 19, Township 89 North, Range 3 East of the 5th Principal Meri- dian, situated at the easterly end of 12th Street" and which real estate is more par- '.ticularly described in copy of said Lease Amendment hereto attached, . marked Exbibit "A"; and , WHEREAS, the lease, dated Sep- temBer 19, 1975, with theexcep. tion of the change in description, be ratified and confirmed which . original lease, among other things, provides for an annual base ren. tal of $10,391.67 for a period of five (5) years and renewable at the end of each five (5) year period not to exceed four (4) renewable periods totalling twenty (20) years by mutual agreement of the par- ties and which Lease Amendment should be set for public hearing; and WHEREAS, the Board of Dock Commissioners of the City of Du- buque, Iowa has approved said proposed Lease Amendment. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the proposed Lease Amendment by and between the City of Dubuque, Iowa by and through its Boacd of Dock Com- missioners as Lessor and the Flynn Ready-Mix Concrete Co. as Lessee, a copy of which Lease Amendment, marked ExbiBit "A" is hereto attached, should be set down for public hearing in the manner as provided by law. Section 2. That the City Clerk Be and he is hereby directed to publish notice of time and place of hearing on said Lease Amend- I ment in a manner provided by law. Passed, this 12th approved and adopted day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard WertzBerger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution and that a public hearing be held on the Res- olution on May 3, 1976 at 7:30 o'clock P.M. in the Council Cham. Ber at the City Hall. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. RESOLUTION NO. 121.76 WHEREAS, there is presented to the City Council of the City of Dubuque, Iowa a proposed form of lease By and Between the City of Dubuque, Iowa by and through its Board of Dock Commissioners, as Lessor, and the Dubuque County Conservation Society, as Lessees; and WHEREAS, it is proposed that said Lessee lease two tracts of real estate, described as follows: Two tracts of land totalling approximately thirty.five and 24/l00ths (35.24) acres lying in Area "C" in INDUSTRIAL PARK, designated as "Du. buque County Conservation Society Lease" and "Dubuque County Conservation Society Lease No.2," and including an easement over and upon the slopes immediately adjacent thereto all as shown on the Plat marked Exhibit "A" here- to attached snd made a part hereof, subject to easement granted to Interstate Power Company for Transmission Line as shown on said Plat and pay therefor the sum of $1.00 per year for rental and that said proposed Lease Agreement shall be for a period of five (5) years and renewaBle at the end of each five (5) year period By mutual agreement of the parties; and 175 176 Special Session, April 12, 1976 which should be set for public hearing; and WHEREAS, the Board of Dock Commissioners of the City of Du- buque, lows has approved said proposed lease; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the proposed Lease Agreement by and between the City of Dubuque, Iowa by and through its Board of Dock Corn. missioners as Lessor and the Du- buque County Conservation So- ciety as Lessee, a copy of which proposed Lease Agreement is here- to attached, marked Exhibit "A" should Be set down for public hearing in the manner provided by law. Section 2. That the City Clerk be and he is hereby directed to publish notice of time and place of hearing on ssid Lease in a man- ner provided by law. Passed, approved and adopted this 12th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stsckis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution and that a public hearing Be held on the Resolution on May 3, 1976 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. April 1, 1976 To the Honorable Mayor and City Council This is to advise you that the sanitary sewer extension con- structed on the east side of Jobn F. Kennedy Road, a distance of 423.6 feet, has been substantially completed in accordance with plans and specifications by Tschiggfrie Excavating of Du- buque, Iowa. Gilbert D. Chavenelle City Msnager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman WertzBerger. Carried by the fol. lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. FINAL ESTIMATE RESOLUTION NO. 122.76 WHEREAS, the contract for the construction of John F. Kennedy Road Sanitary Sewer EJltension- East Side-has been completed and the City Engineer has sub- mitted his final estlmste showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,323.93. That $5,131.69 of the cost there- of shall be assessable upon private property and $192.24 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 12th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady Emil Stackis Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stsckis, Tully, Wertzberger. Nays-None. (A Resolution Accepting Improve. ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 123.76 WHEREAS, the contract for the construction of John F. Kennedy Road Sanitary Sewer Extension- East Side has been completed and the City Mausger has examined the work and filed his certificste stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, Special Session, April 12, 1976 BE IT RESOLVED, by the City CLASS "B" BEER PERMITS Council of the City of Dubuque, . , tbat the recommendation of the St. PatrIck s Church, 1425 Iowa City Manager be approved and Street (Aiso Sunda~ S.ales) that said improvement be and the Dubuque Sports UnhmIted, Inc., same is hereby accepted and the East 4tb Street Ext. (Also Sunday City Engineer be and is hereby Sales) 'directed to prepare a plat and Passed, adopted and approved schedule showing the lots or par- tbis 12th day of April, 1976. eels of real estate suBject to as- Alvin E. Lundh sessment for said improvement Mayor and file the same in the office of Thomas A. Tully, Jr. the City Clerk subject to public Richard Wertzberger Inspection and said Clerk shall James E. Brady upon receipt of such plat and Emil Stackis scbedule publish the notice of the Councilmen Council's i¡¡tentlon to levy special Attest: assessments therefor, as required Leo F. Frommelt by law. City Clerk BE IT FURTHER RESOLVED, Councilman Stackis moved adop- that the City Treasurer be and he tion of the resolution. Seconded is hereby directed to pay to the By Councilman Tully. Carried By contractor from the funds to be the following vote: realized from the sale of sewer Yeas-Mayor Lundh, CouncUmen bo~ds Is~ued upon the. above de. Brady, Stackis, TulJy, WertzBerger. scrIbed Improvement In amount Nays-None. equal to the amount of his can- tcact, less any retained percentage RESOLUTION NO. 125.76 provided for therein. WHEREAS, applications for Passed, adopted and approved Beer Permits were filed by the this 12th day of April, 1976. within named applicants and they Approved: have ~eceived the approval of this Alvin E. Lundh CouncIl; and . Mayor WHEREAS, the premIses to Be Thomas A. Tully, Jr. ?ccupied by such applicants were Richard Wertzberger Inspected and found to comply James E. Brady with the Ordin~nces of this City EmU Stackis and they have flied proper Bonds; Councilmen NOW THEREFORE BE IT RE- Attest: SOLVED by the City Council of Leo F. Frommelt the City of Dubuque, Iowa, that City Clerk the Manager be authorized to '. cause to Be issued to the following CouncIlman Stackls moved adop- named applicants a Beer Permit. tion of tbe resolution. Seconded by Councilman Wertzberger. Car- CLASS "B" BEER PERMIT ried by the following vote: . St. Patrick's Church, 1425 Iowa Yeas-Ma~or Lundh, CouncIlmen Street (Also Sunday Sales) Brady, Stack,s, Tully, WertzBerger, DuBuque Sports Unlimited, Inc., Nays-None. East 4th Street Ext. (Also Sun- RESOLUTION NO. 124.76 day Sales) Passed, adopted and approved WHEREAS, applications for tbis 12th day of April 1976. Beer ~ermits bave Been submitted Alvin E. Lundb to tbls CouncIl for appro.val and Mayor the same have been examIned; Thomas A. Tully, Jr. NOW THEREFORE BE IT RE- Richard WertzBerger SOLVED by the City Council of James E. Brady the City of DuBuque, Iowa, tbat EmU Stackis the following applications be Councilmen granted and permits issued upon Attest: the compliance with the terms of Leo F. Frommelt the Ordinances of the City. City Clerk 177 Special Session, April 12, 1976 ratification of the appointments. Seconded By Councilman TulJy. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nsys-None. There being no further business, Councilman WertzBerger moved to adjourn. Seconded by Councilman Tully. Csrried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Special Session, April 19, 1976 179 178 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman TulJy. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. At 10:05 P.M. Mayor Lundh moved to go into Executive Ses- sion to discuss appointments to various Boards and Commissions. Seconded by Councilman Wertz- berger. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Council Reconvened in Regular \ Session at 10:50 P.M. Approved ....................................1976 Mayor Lundh snnounced the following appointments: Adopted ......................................1976 Rsyrnond Harris to the Civil Service Commission, term expir- ing 3.31-82; George W. Beaves to I ................................................................ the Rehabilitation Commission re- placing Chris Reisch; Dick Fcied- man reappointed to the Planning I ................................................................ & Zoning Commission, term ex- piring 5-24-81; Robert C. Kleiu to the Advisory Commission; Landa I ................................................................ Tigges to the Youth Services; Richard W. Kolek III reappointed to the Police & Fire Retirement I ................................................................ Board, term expiring 4-1-80; Emil "Mike" Stackis resppointed to the Solid Waste Agency; Philip N. \ .......................-........................................ Weber to the Advisory Commis- Councilmen sion; and Joyce J. Lynch to the Community Development Commis- sion representing the handicapped. \ Attest: .................................................. Councilman Wertzberger moved City Clerk CITY COUNCIL an NPDES permit to discharge boiler water into the waters of , U.S. by the Dubuque Packing Co. which the agency proposes to mod- ify, presented and read. Council- man Stackis moved that the No- tice Be received and filed. Second- ed By Councilman Wertzberger. Carried by tbe folJowing vote: Yeas-Mayor Lundh, Councilman Brady, Stackis, TulJy, Wertzberger. Nays-None. Communication of City of Sa- vanna, llJinois, submitting a form of resolution to support the re- tention of the Savanna Army De. port as an active ammunition storage facility, soliciting Council support, presented and read. Coun. cilman Stacki, moved tbat the communication Be received and filed and resolution be approved. Seconded by Councilman Wertz- Berger. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-Councilman Brady. Communication of Attorney Charles A. Kintzinger, for Larry & Diane Galliart, submitting an offer for the purchase of Lot 4A of M.L. 472 (located along Lin. wood Cemetery-abutting School Board property), presented and read. Councilman Stackis moved that the communication be re- ferred to the City Manager. Sec- onded by Councilman Tully. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Steven J. Sprengelmeyer in response to statements made at budget hear- ing time concerning lack of need for a Youth Services Department, presented and read. Councilman Stackis moved tbat the communi- cation be received and filed and referred to Council. Seconded By Councilman TulJy. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. Communication of Iowa Depart- ment of Environmental Quality suBmitting a joint EPA State Sur- vey of Dubuque's Water supply along with recommendations that the City must develop and cQQ~- OFFICIAL Special Session, April 19, 1976. Council met at 7:30 o'clock P.M. (C.S.T.) Present - Mayor Lundh, Coun. cilmen Brady, Stackis, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service tbereof had Been duly made and tbis Meeting is called for the purpose of CON. DUCTING A PUBLIC HEARING TO AMEND THE ZONING ORDI. NANCE ON VARIOUS AREAS IN THE WASHINGTON STREET NEIGHBORHOOD and acting upon such other business as may prop- erly corne Before a Regulsr Meet- ing of the Council. Mayor Lundh read and signed the folJowing proclamations-Pro- claiming week of May 16th to 22nd as "Insurance Women's Week" in the City of Dubuque; Proclaiming the period commencing now and ending June 27, 1976 as "Bicen- tennial Beard Growing Time" as requested by the Noon Optimist Club. Communication of Dock Com- mission submitting minutes of their meetings of March 24th & 30th and April 7th, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. Communication of Hank Waltz submitting his resignation as a member of the Community Devel- opment Commission, presented and read. Councilman Stackis moved that the communication be re- ceived and filed and resignation accepted wwith regret. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. Notice from U. S. Environmen- tal Protection Agency advising of an application for modification of Special Session, April 19, 1976 referendum to be held in Novem- Ber, along with the General Elec- tion, to provide an orderly progres- sion to and for annexation, pre- sented as requested. After Council discussion, Mayor Lundh moved that the request be referred to the Planning & Zoning for study and a report back in two weeks, also arrauge for a meeting with Town of Asbury. Seconded By Councll- man Tully. Carried By the follow- ing vote: Yeas-Msyor Lundh, Councilmeu Brady, Stackis, Tully, Wertzberger. Nays-None. 180 dinate cross-connection control programs in accordance with pre- vious discussion, presented and read. Councilman Stackis moved that the communication be re- ceived and filed and referred to the City Manager. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Lundh, Councllmen Brady, Stackis, Tully, Wertzberger. Nays-None. Verbal request of the Beautifi- cation Committee to submlt a re- port and requesting a project ap- proval, presented for discussion. Mayor Lundb moved to suspend the rules to let anyone present ad. dress the Council if they so de- sire. Seconded by Councllman Tul- ly. Caried by the following vote: Yeas-Mayor Luudh, Councllmen Brady, Stackis, Tully, Wertzberger. Nays-None. C. Robert Justmann addressed the Councll on corning events. On April 30th, the singout Fondulac Group will be here, and a Garage Sale will be held on May 1st & 2nd from 9:00 A.M. to 5:00 P.M. He appealed for input from the Council. Some of the Beautifica- tion Projects he suggested were 1) Beauitfy along floodwsll, Build a promenade plants, sbrubbery, etc., 2) Symbols of Dubuque, Pilasters on parking ramp, Flag designs. Communication of Playground & Recreation Commission submitting minutes of their meeting of April 12, 1976, presented and read. Coun- cilman Stackis moved that the min- utes be received and filed. Second- ed by Councllman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Air- port Commission submitting min- utes of their meetings of March 25th and April 8 & 15th, present- ed and read. Councilmau Stackis moved that the minutes be re- ceived and filed. Seconded by Councilman Tully. Carried by tbe following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Consideration request by Mayor Lundh for discussion of a possible April 14, 1976 Honorable Mayor snd City Council I am returning to you the peti- tion of United Cerebral Palsy of Dubuque for a Bike-a-Thon on May 1st. According to the attached letter from Chief O'Brien, the petitioner has cancelled the request. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be re- ceived and filed. Seconded by Councllman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. April 16, 1976 Honorable Mayor and City Council I herewith suBmit the reports of the City Treasurer, Finance Di- rector, Health Department, and a list of claims paid, for the month of March 1976. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. April 16, 1976 To the Honorable Mayor and Members of the City Council I bave approved the following continuation certificates of bond and iusurance and desire to have your approval of same. Special Session, April 19, 1976 SIDEWALK CONSTRUCTION BOND CJetus A. Nauman, Midwestern Casualty & Surety Co., $1,000 to 5-29.77 J. W. Hansen Construction Co., Ioc. Midwestern Casualty & Surety Co. $1,000 to April 27, 1977. GENERAL LIABILITY POLICY Robert John Schulte, Hawkeye Se- curity Insurance Co. Policy No. Ga2-65 33 13 & HWCI 17 9646 to 4-23-77 Gilbert D. Chavenel1e City Manager Councilman Tully moved that the communication be received and filed snd filing be approved. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas-Mayor Lundh, Councllman Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of Marcella Kane, in an undetermined amount, for personal injuries received on a defective sidewalk at 1175 Cleve- land Ave. on February 28th, pre- sented and read. Councilman Stackis moved tbat the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Wertzberger. Carried by tbe fol- lowing vote: Yeas-Mayor Lundh, Councllmen Brady, Stackis, Tul1y, Wertzberger. Nays-None. Proof of Publication, certified to by the Pnblisher, of Notice of Public Hearing, on rezoning of var- ious properties in the Wasbington Street area, presented and read. Councilman Stackis moved that the proof of publicatiou be re- ceived and filed. Seconded by Councilman Tully. Carried by the fol1owing vote: Yeas--Mayor Lundh, Councllmen Brady, Stackis, Tully, WertzBerger. Nays-None. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," so as to reclassify hereinafter described properties bounded on the north by East 14th Street, on the west By White Street, on tbe south by East 12th Street and on the east by Wash- ington Street from the C-4 Gen- eral Commercial District to the OR-l Office-Residential District Classification; and to further amend Ordinance No. 32-75 By re- classifying hereinafter described properties bounded on the north By East 14th Street, on the west by Washington Street, on tbe south by East 13tb Street and on the east by the al1ey lying between Elm Street and the Railroad Tracks from the H-I Heavy Industrial District to ihe OR-l Office-Resi- dential District Classification, said Ordinance having been previously presented and read at the Council Meeting of March 29, 1976, pre- sented for final adoption. Hank Waltz and Bob Sawvel1 of tbe Washington St. area addressed the Council as Being in favor of the proposed rezoning. Mr. Waltz showed Some concern aBout a let- ter that was sent to Council mem- bers by the Planner. Attorney Mi- chael King, representing residents in the area, spoke as Being against the proposed rezoning stating this is no comprehensive plan for the area; Area has not developed; Planning & Zoning has given a "No" recommendation; Businesses that are there, are not objection- able; Present Businesses cannot ex- pand; Effective buffer zone there now. Councilman Brady moved that the Ordinance be referred Back to Staff and tbey be instruct- ed to prepare such an amendment to protect the integrity of the neighBorhood and this Public Hearing Be adjourned to tbe Council Meeting of May 17, 1976. Seconded by Councilman Tully. Carried by tbe following vote: Yeas-Mayor Lundh, Councilmen Brady, Tul1y. Nays - Councilmen Stackis, WertzBerger. Petition of DuBuque Commun- ity School District requesting va- cation of 40' x 100' section of Viola Street (near Jefferson Jr. High School), presented and read. Councilman Stackis moved that the petition be referred to the Planning &j Zoning CommisSion and the City Manager. Seconded by Councilman Wertzberger. Car- ried by the following vote: 181 182 Special Session, April 19, 1976 Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Asbury Springs Ltd. requesting permission to install street lighting in Hilicrest Road in AsBury Springs Subdivision No.1, presented and read. Couucilman Stackis moved that the petition be referred to the City Manager and Eiectrical Inspector for investiga- tion and report. Seconded by Coun, cilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Thomas Kramer et al (1435 signatures) requesting re- consideration for the increased sponsor fees for softball teams in the City, presented and read. Charles Spielman and Harry Bemis addressed the Council relative to the petition, stating no true figures on 86% increase in fees; question- ing what happened to money on sale of Rafferty Field and do Tour- nament monies go into the Gen- eral Fund. Councilman Stackis moved that the petition be reo ferred to Council snd the Recrea- tion Commission, Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOL- LOWS: Yeas-Councilman Stackis. Nays - Mayor Lundh, Council- men Brady, Tully, Wertzberger. MOTION FAILED. Councilman Brady moved that the petition Be received and filed and the funding request be re- ferred to the Recreation Commis- sion. Seconded by Councilman Wertzberger. Carried by tbe fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Tully, Wertzherger. Nays-Councilman Stackis. COUNCIL RECESSED AT 10:35 PM RECONVENED AT 10:47 PM Petition of Joseph A. Schumach- er requesting a refund of $633.75 on unexpired portion of Class "c" Beer & Liquor License No. C-6800, discontinued business on March 22, 1976, presented and read. Coun- cilman Brady moved tbat the re- fund be approved and the City I Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Council- meu Brady, Tully, Wertzberger. Nays-None. ABsent-Councilman Stackis. Petition of Dubuque Downtown Ass'n. requesting permission to conduct their annual garsge sale on May 22, 1976, within the Town Clock Plaza, presented and read. Mayor Lundh moved that the pe- tition be approved subject to finsl approval of the City Manager. Sec- onded by Councilman Wertzberg- er. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent-Councilman Stackis. Proof of Publication, certified to By tbe publisher, of Notice of Pendency on Resolution of Neces- sity for the reconstruction of Jack- son Street from 22nd to Diamond Street, presented and read. Coun- cilman Lundh moved that the proof of publication 'be received and filed. Seconded by Councilman Wertzberger. Carried by tbe fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Slackis, Tully, Wertzberger. Nays-None. Ststement of City Clerk certify- ing that notices of hearing were mailed by certified mail on April 1, 1976, to property owners of rec- ord for the reconstruction of Jack- son Street from 22nd Street to Diamond Street, presented and read. Mayor Lundh moved that the Statement be received and filed. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas-Mayor Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Mrs. Rosella Foht of 2834 Jackson St. objecting to the proposed resurfacing of Jackson Street, presented and read. Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Special Session, April 19, 1976 183 Communication of Richard II. & tioned improvement, and unless Eulalie Unsen objecting to the pro- property owners at the time of posed paving of Jackson Street, the final consideration of this pro- presented and read. Mayor Lundh posed resolution bave on file with moved that the communication be the City Clerk objections to the received and filed. Seconded By amount of the proposed assess- Councilman Tully. Carried by the ments, they shall be deemed to following vote: have waived all objections !Bereto. Yeas-Mayor Lundh, Councilmen Said improvements shall be con- Brady, Stackis, Tully, Wertzberger. structed and done in accordance Nays-None. with the plans and specifications Communication of William II. which have B~en preI?ared the.re- Billington objecting to tbe pro- fore By tbe CIty Engmeer whl.ch posed pavement of Jackson Street, have þeen approved by tbe C!ty presented and read. Mayor Lundh Counc.¡J and are now on f¡Je wIth moved that the communication be the CIty Clerk. That the :ost and received and filed. Seconded by expense. of makIng smd Improve- Councilman Tully. Carried by the me'!t w¡J1 be. assessed upon and following vote: agaInst . all p~lv~tely owned prop- Yeas-Mayor Lundh, Councilmen ~;~~e l;~~~id';,'¿ht~ !:,'~es:~âI1n d~~ Brady, Stackis, Tully, Wertzberger. amount not to exceed the amount Nays-None. provided by law, property will Be Ben Heim, 2508 Jackson St. and assessed w~ethe~ the same abuts Roy Sigwarth of 2409 Jackson ther~on or IS adJace~t tbereto .ac- Street questioned the blacktop- cordIng to a.rea and ~n proportlOn ping of Jackson Stceet to the speclal benefits conferred . thereby, and any deficiency shall (Necessity for Improvement) be paid out of the Road Use Tax RESOLUTION NO. 97.76 Funds: Bond~ .shall Be issued and sold m antlClpatIon of deferred WHEREAS, proposed plans, payments of assessments when a specifications, form of contract, contract has Been performed and plat 'and schedule have been duly accepted and the proceeds thereof prepared and approved By the City used to pay tbe contractor. The Council of the City of Dubuque railway portion of any street or and are now on file in the office assessment district shall be as- of the City Clerk showing among sessed to and paid by the railway other things the following: company. 1. The assessments limits. The above resolution was intro- 2. The streets to be improved. duced, approve.d and. ordered 3. The width of. sucb improve- ¡~r..ef9t~n :~~ ';;:'t~a~~~ Clih6cierk ment, and the SIze and kInd of , sewers. RECORD OF FINAL ADOPTION 4. Each lot proposed to be as- . . sessed toge!Ber with a valua- . The foregoIng resolutIon was tion fixed b th un il fInally passed and adopted, as pro- . Y e co c. posed, By the City Council tbis 5. An estIma~e of the cost of !he 19tb day of April, 1976. proposed Improvement, statIng AI' E L dh the same for each different ;:~y; un type of construction and kind Th m 0 A T II J of material to be used. Ric~':~ Wert~b~;ge~' 6. In eac.h c~se t~e amount tbere- James E. Brady of WbICh IS estImated to be as- Emil Stackis sessed against each lot, for !Be Councilmen reconstruction of Jackson St. Att t. from 22nd St. to Diamond St. L~~ . F. Frommelt BE IT THEREFORE RESOLVED City Clerk that the City Council on its own motion or upon petition of prop- Mayor Lundh moved adoption of erty owners, deems it advisaBle the resolution. Seconded By Coun- and necessary for the public wel- cilman Tully. Carried by the fol- fare to make the herein men. lowing vote: 184 Special Session, April 19, 1976 Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im- provements. Passed, adopted and approved this 19th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E, Brady Emil Staclds Councilmen RESOLUTION NO. 126-76 WHEREAS, proposed plans and specifications and form of contract for the reconstruction of Jackson Street fcom 22nd Street to Dia- mond Street have been approved by the City Council of the City of Dubuque and public notice giv- en as provided by Section 384 of the Code of Iowa, 1975, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract I for or cost of such improvements, said time being this 19th day of April, 1976; and WHEREAS, the City Council met in special session this 19th day of April, 1976, at 7:30 o'clock P.M. at the Council ChamBers in the City Hall for the purpose of hearing all interested parties and consideriug any and all oBjections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the Improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have Been duly weighed and considered; now, therefore Attest: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Coun- cilman Tully. Carried by the foi- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Ordering Construction) RESOLUTION NO. 127.76 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 97-76 which was duly passed by this Couucil, for the re- construction of Jackson Street from 22nd Street to Diamond St. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and noW on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upou the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general or improve- ment funds. Payment will be made to the contractor out of Road Use Tax Fund and Faus Funds. Bonds may be issued in anticipation of deferred payments of assessments as provided By iaw after the work has been completed and accepted bY the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to BE IT RESOLVED by the City Council of tbe City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections whicb have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with ssid im- provement. Special Session, April 19, 1976 185 advertise for proposals for tbe con- Passed this 19th day of April, struction of the various improve- 1976. ments herein provided for in the Alvin E. Lundh manner provided by law, tbe said Mayor improvements shall be completed Thomas A. Tully, Jr. on or Before 45 working days af- Richard Wertzberger ter notice to proceed is issued. James E. Brady BE IT FURTHER RESOLVED Emil Stackis that this resolution Being deemed Councilmen urgent and of immediate necessity Attest: shall be in force and effect from Leo F. Frommelt and after its passage and adoption City Clerk By the City Council. Councilman Stackis moved adoI" Passed, adopted and approved lion of the resolution. Seconded by this 19th day of April, 1976. Councilman WertzBerger. Carried Alvin E. Lundh By the following vote: Mayor Yeas-Mayor Lundh, Councilmen Thomas A. Tully, Jr. Brady, Stackis, Tully, WertzBerger. Richard WertzBerger Nays-None. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Lundb moved adoption of the resolution. Seconded By Coun- cilman Tully. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication from Police Chief O'Brien requesting tBe send- ing of two people to Des Moines to study criminal investigation pro. cedures and to participate in a grant and seminar sponsored By the Iowa Law Enforcement Agen- cy, presented and read. Council- man Stackis moved that the com- munication Be received and filed. Seconded By Councilman Wertz- berger. Carried by tbe fallowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. MATCHING RESOLUTION NO. 128-76 Whereas, the City of Dubuque of Iowa, by resolution duly passed heretofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Title of Project: Rape and Sex- ual Assault Seminar. Amount of Funds Being Provided $7.18. April 16, 1976 Honorable Mayor and City Council Attached are summary sheets exhibiting proposed water rate schedules and typical monthly Bill- ing under each of the proposed schedules. We are also submitting to you a resolution which directs the City Clerk to puBlish notice for a pub- lic hearing on an ordinance for the new water rates. Enclosed is a copy of the ordinance that we would suggest usiug for the pub- He hearing. Data on the rate scBedule will be incorporated into the ordinance upon selection of one of the rate schedules. We would request the Council to select a rate schedule for incor- poration into the proposed ordi- nance, and likewise approve the resolution authorizing publication for the puBlic hearing. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication Be received and filed. Seconded by Councilman Wertzberger. Carried by the fol. lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 129.76 Resolution Directing the City Clerk to Publish Notice of Pub. lie Hearing on Ordinance for New Water Rates. WHEREAS, Ordinance No. 64- 68, adopted OctoBer 28, 1968, pres- 186 Special Session, April 19, 1976 ently fixes and establishes rates to be charged for the furnishing of water for residential, commer- cial and industrial residents and other uses and purposes within and without the City of Dubuque, Iowa; and WHEREAS, the City is proposing expansion of water treatment fa- cilities at the present treatment plant and construction of sludge removsl and handling facilities; and WHEREAS, it will be necessary for the City to sell revenue bonds for financing expansion of the wa- ter treatment facility and construc- tion of the sludge removal and handling facilities; and WHEREAS, there will be in- creased operating costs resulting from the addition to the water trestment facility and operation of the sludge removal snd handling facilities; snd WHEREAS, it is necessary for the -City to adjust its water rate structure in order to generate ade- quate revenue to finance the in- creased operating costs and debt service. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa that on the 3rd day of May, 1976, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Cham- Ber in the City of Dubuque and that the City Clerk be and he is hereby directed to cause the no- tice of the time and place of said hearing, to be published In the Telegraph Herald in the City of DuBuque. At that time the public may appear and make statements relative to the proposed ordinance establisbing a new water rate schedule for the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Second- ed by Councilman Tully. Carried By the following vote: Yeas-Mayor Lundh, Councilmeu Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 130.76 WHEREAS, the City of Dubuque, Iowa has been negotiating with the Dubuque Metropolitan Area Solid Waste Agency relating to tbe terms and provisions of s Solid Waste Service Agreement; and WHEREAS, the terms and pro- visions of said Agreement have Been reduced to writing, a copy of which, marked Exhibit "A", is hereto attached and by reference made a part hereof; and WHEREAS, said proposed Ser- vice Agreement, marked Exhibit "A" should be approved by the City Council of the City of Du- buque, Iowa. NOW THEREFORE BE IT RE- SOLVED By the City Council of the City of Dubuque, Iowa: Section I. That the Service Agreement, marked Exhibit "A", by and between the City of Du- buque, Iowa and the Dubuque Met- ropolitan Area Solid Waste Agen- cy be and the same is hereby ap- proved. Section 2. That the Mayor of the City of Dubuque, Iowa be and he is hereby authorized and em- powered. to execute said Agree- ment for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby directed to transmit an executed copy of said Agreement together with certified copy of the Resolution to the Dubuque Metropolitan Area Solid Waste Agency, iu care of R. N. Russo, attorney-at-law, 236 Fischer Building, Dubuque, Iowa, 52001. Section 4. This Resolution re- peals any and all prior Resolutions in conflict herewith and in par. ticular is intended to repeal the respective Resolution adopted by the City Council of the City of Du- buque, Iowa, on the 2nd day of February, 1976, and adopted on the 22nd day of March, 1976, and that the Service Agreement and Amendment thereto, heretofore adopted, be and the same are Special Session, April 19, 1976 187 hereby canceled and held for naught. Passed, approved and adopted this 19th day of April, 1976. Alvin E. Lundh Mayor Thomas A. TulJy Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen RESOLUTION NO. 132.76 WHEREAS, applications for Beer Permits were filed By the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to Be occupied by such applicants were inspected and found to comply with the Ordinances of tbis City and tbey have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Carl A. Van Duelman, Van's Food Market, 590 Clarke Drive Passed, adopted and approved this 19th day of April 1976. Alvin E. Lundh Mayor Thomas A. TulJy Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk (See Special File for copy of Agreement) Councilman Tully moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackls, Tully, Wertzberger. Nays-None. RESOLUTION NO. 131.76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and tbe same have been examined; NOW TBEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Carl A. Van Duelman, Van's Food Market, 590 Clarke Drive Passed, adopted and approved this 19th day of April 1976. Alvin E. Lundh Mayor Thomas A. TulJy 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 folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 133.76 WHEREAS, applications for Liq- uor Licenses have been submitted to tbis 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 Cbapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Knights of Columbus, Council #510 781 Locust Street (Also Sunday Sales) 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, TulJy, Wertzberger. Nays-None. Special Session, April 19, 1976 Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Tully stated that the matter of the fence in the al- ley off Althauser Street seems to be amicably settled providing cer- tain conditions as worked out by Councilmen are complied with and moved concurrence. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Tbere being no further business, Councilman Tully moved to ad- journ. Seconded by Councilmau Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk 188 Special Session, April 23, 1976 CITY COUNCIL OFFICIAL Passed, adopted and approved this 19th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Tully moved adop- tion of the resolution. Seconded by Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 134-16 WHEREAS, applications for Liq- uor Licenses were filed by the within nsmed applicants and they have received the approval of this Council; and WHEREAS, the premises to be \ Approved ....................................1976. occupied by such applicsnts were inspected and found to comply with the State Law and all City Adopted ......................................1976. 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 csuse to be is- sued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Knights of Columbus, Council #510 ~~iezocust Street (Also Sunday I Passed, adopted and approved I this 19tb day of April, 1976. Alvin E, Lundh ~~;:;:: A. Tully Jr. \ Attest: """"'ëi;""ëi~;k""""""""""'" Richard Wertzberger y James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Tully moved adop- tion of the resolution. Seconded By Councilmau Wertzberger. Car- ried By the following vote: Yeas-Mayor Lundh, Councilmen ............................................................ ........................................................... ............................................................ ............................................................ Councilmen Special Session, ADril 23, 1976. Council met at 4:15 P.M. (C.S.T.) Present - Mayor Lundh, Coun- cilmen Brady, Stackis, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated thst service thereof had been duly made and this meeting is called for the purpose of ADOPTING A RESOLUTION AU. THORIZING THE ISSUANCE OF $1,700,000. SOLID WASTE DIS. POSAL REVENUE BONDS OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY, and acting upon such other busi- ness as may properly corne Before a Regular Meeting of the CounciL RESOLUTION NO. 135.76 RESOLUTION authorizing the issuance of $1,100,000 Solid Waste Disposal Revenue Bonds of the Dubuque Metropolitan Area Solid Waste Agency. WHEREAS the City of Dubuque, Iowa and Dubuque County, Iowa, have heretofore entered into an Intergovernmental Agreement pur- suant to the provisions of Chapter 28E of the Code of Iowa, 1975, as amended, for the purpose of cre- ating the Dubuque Metropolitan Solid Waste Agency; and WHEREAS the Agency was cre- ated for the purpose of providing tbe City and the County with the economic transport, processing and disposal of solid waste pro- duced or generated witbin the City and the County; and WHEREAS in order to pay the cost of the Sanitary Landfill Site, necessary improvements thereto and equipment therefor, tbe Agen- cy Board has determined that it is necessary to authorize and is- sue $1,700,000 Solid Waste Dispos- al Revenue Bonds of that Agency, such bonds to be payable solely and only from rates, fees and charges to Be paid by the City and the County to the Agency for solid waste disposal services, funds for which are to be derived from rates and charges imposed and collected by the City and the County and payable by residents, property owners and businesses I for solid waste disposal services made availaBle within tbe corpo- rate limits of the City and the County; and WHEREAS under the provisions of Section 28F.3 of the Code of Iowa, 1975, as amended, the power of the Agency to issue soid reve- nue bonds may not be exercised until authorized by a resolution or ordinance duly adopted by each of the puBlic agencies participat- ing in the Intergovernmental Agreement and there has been presented to this City Council a resolution entitled "A Resolution authorizing the issuance of $1,700,- 000 Solid Waste Disposal Revenue Bonds of the DuBuque Metropoli- tan Area Solid Waste Agency," whicb the Agency Board will adopt at the time and place fixed for the hearing on the issuance of these Bonds; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section I. That the proposed res- olution to be adopted by the Agen- cy Board of tbe DuBuque Metro- politan Area Solid Waste Agency referred to in the preamble hereof and entitled "A Resolution autbor- izing the issnsnce of $1,700,000 Solid Waste Disposal Revenue Bonds of the Dubuque Metropoli- tan Area Solid Waste Agency" be and the same is hereBy approved in all respects. Section 2. That the City Council of the City of Dubuque, Iowa, here- By authorizes the issuance of the aforesaid bonds by the Agency Board of the Dubuque Metropoli- Ian Area Solid Waste Agency. Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereBy repealed and tbat this resolution Become effective immediately up- on passage and approvaL Passed and approved April 23, 1976. Alvin E. Lundh Mayor Emil Stackis James E. Brady Thomas A. Tully Jr. Richard Wertzberger Councilmen Attest: Leo F. Frommelt City Clerk Recorded April 23, 1976. Leo F. Frommelt City Clerk 189 Special Session, April 23, 1976 Special Session, April 26, 1976 190 Mayor Lundh moved adoption of I the resolution. Seconded by Coun- cilman Tully. Csrried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. At 4:20 P.M. Councilman Brady moved to go i!ito Executive Ses- sion to discuss PersonalItIes. See- I onded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. C<>uncil reconvened in Regular Session at 4:48 P.M.-No State- ments. There being no further business, Councilman Wertzberger moved to adjourn. Seconded by Mayor Lundh. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Spedel Session, April 26, 1976. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Lundh, Coun. cilmen Brady, Stackis, Tully, Wertzberger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had 'been duly made and this meeting is called for the PURPOSE OF ACTING UPON SUCH BUSINESS AS MAY PROPERLY COME BE. FORE THE MEETING. RESOLUTION NO. 136.76 COMMENDING THERMOLYNE CORPORATION WHEREAS, The Thermolyne, Corporation, a division of Sybron Corporation, has been engaged in mannfacturing in Dubuque, Iowa since 1943, and has steadily ex- psnded tbeir plant and product diversification, resulting in in. creased job opportunities of the .highest caliBer for this City, and WHEREAS, The President of the United States, has seen fit to award the "E" for ExcelJence in Exporting to this company, which is the first award of its kind to be offered in peace time to a Du- Buque industry, and Approved ..................1976 Adopted ...................1976 ............................................................ ............................................."............. WHEREAS, This award wiJI bring added distinction to Thermo- lyne and its employees, and the citizens of Dubuque, as Thermo- lyne products are shipped to all parts of the world, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF DUBUQUE, IOWA, publicly and By passage of this resolution, does hereby commend and congratulate the management and work force of the Thermolyne Corporation for their efforts in winning the "E" award which has brought na- tional acclaim to this City. Signed this 26th day of April 1976, by the Mayor and members of the City Council meeting this day in the Council Chambers, City Hall, Dubuque, Iowa. ............................................................ ............................................................ """"""""""""""""ëõ';:~~ii;;;;~""'" Attest: ""ëïiÿ"ëï~~k"""""""""""""""""'" Alvin E. Lundb Mayor James E. Brady Emil Stackis Thomas A. TulJy Jr. Richard Wertzberger Councilmen Attest: Leo F. Frommelt City Clerk Councilman Tnlly moved adop- tion of the resolution. Seconded By Councilman Wertzberger. Car- ried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of See-Hear Inc. requesting Mayor Lundh to pro- claim the month of Mayas "Better Speech and Hearing Month," pre- sented and read. Councilman Stack- is moved that the communication be received and filed and month of May so proclaimed. Seconded by Councilman TulJy. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of James MulJen, representing the Zoo Committee, submitting a report on the prog- ress of tbe Children's Zoo in F.D.R. Park, presented and read. Coun- cilman Wertzberger moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Council- man Brady. Carried by the follow. ing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. James MulJen, Dr. John Quinlan, and Dick Kramer addressed the Council relative to the communi. cation. They stated July 4, 1976 as proposed opening date of the zoo; $9,000 to $10,000 per year needed to operate zoo; and submitted a verBal petition to conduct a fund drive for the week of May 9th and requested a permit be issued. Councilman Brady moved that the report submitted By James MulJen be received and filed and the Fund Drive be approved and per- mit issued. Seconded by Council- man Tully. Carried by the folJow. ing vote: Yeas-Mayor Lundh, Councilmen 191 Special Session, April 26, 1976 193 'n soutb side of HiJlcrest Road, I City owned truck on March 4, fly-five feet west of property 1976, presented and read. Council- iine of Lot 2-1-1-1. man Stackis moved that the Notice Ön south side of HiJlcrest Road, of Claim Be referred to the City 'Lo hundred and fifty feet east Attorney for investigation and re- ¿f #2 light location. I port. Seconded by Councilman lOr approval of these instalJa- TulJy. ca. rried by the folJowing : is requested. vote: Gilbert D. Chavenelle Yeas-Mayor Lundh, Councilmen City Manager Brady, Stackis, Tully, Wertzberger. 'ouncilman Brady moved that Nays-None. lií.7 request be approved. Seconded April 19, 1976 by Councilman Wertzberger. Car- Honorable Mayor & fled by the folJowing vote: City Councilmen . Yeas-Mayor Lundh, Councilmen Re: Claim No. 94-001891 Brady, Stackis, TulJy, WertzBerger. Claimant Rolan Rutledge " Nays-None. 2190 Green Street Loss Date 2-26-76 On March 2, 1976, claim for damages in an unstated amount, was filed against the City of Du- buque by Mrs. Rolan Rutledge claiming damages to her batbroom on February 26, 1976, as tbe re- sult of the City crew cleaning the sewer. Tbis matter was referred to the appropriate City Agency who has made an investigation of said mat- ter and has notified the City At- torney's office by letter dated 4-14- 76 that said matter has been amic- aBly settled. Accordingly it is the recommendation of the City At. torney's office that the claim of Mrs. Rutledge be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Stackis moved that the communication Be received and filed and recommendation of denial be approved. Seconded by Councilman TulJy. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, WertzBerger. Nays-None. 192 Special Session, April 26, 1976 Communication of Comm Development Commission ting minutes of their April 13th, 1976, pr< read. Councilman Stackis that the minutes be received filed. Seconded by Counci Wertzberger. Carried by the lowing vote: Yeas~Mayor Lundh, Council Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Housing Corn. mission submitting minutes of their meeting of April 20, 1976, presented and read. Councilman Stackis moved that the minutes be received snd filed. Seconded by Councilman Wertzberger. Car- ried by the folJowing vote: Yeas-Msyor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. Communication of Planniug & Zoning Commission submitting minutes of their meeting of April 21, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Beady, Stackis, TulJy, Wertzberger. Nsys-None. Brady, Stackis, TulJy, Wertzberger. Nays-None. Communication of The Chil- dren's Zoo Committee requesting Mayor Lundh to proclaim the week of May 9tb as "Support the Dubuque Children's Zoo Week," presented and read. Councilman Wertzberger moved that the com- munication be received aud filcd and proclamation approved. Sec- onded by Councilman Brady. Car- ried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. Communication of Antonia Rus- so, Director of Animal Protection League of Johnson County, object- ing to the initiation of a petting zoo in the community, for reason of lack of funds; negative exper- ience for a child; concern for the needs of the animals themselves, presented and resd. Councilman TulJy moved that the communica- tion be received snd filed. Second- ed by Councilman Wertzberger. Carried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. Communicstion of Human Rights Commission submitting minutes of their meeting of April 8, 1976, pre- sented and read. Councilman Wertzberger moved that the min- utes be received and filed. Sec- onded by Councilman Tully. Car- ried by the folJowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, Wertzberger. Nays-None. Communication of Fred C. Kue- per objecting to the handling of a fire call on March 19, 1976 at 492 Kaufmanu Ave., presented and resd. Councilman Wertzberger moved that the communication be received and filed and Fire De- partment commended on the han- dling of this matter. Seconded by Councilman TulJy. Carried by the folJowing vote: Yess-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meetings of April 8th and 15th, 1976, presented .' April 22, 1976 ,liIonorable Mayor and i1V1emBers of the City Council -j . I have approved tbe folJowing sidewalk construction continuation êeritficate of insurance and desire -to bave your approval of same. Edward Apel, Midwestern Cas- ualty & Surety Co. $1,000 Bond No. 29418 ending on April 29, 1977. Gilbert D. Chavenelle City Manager Councilman Brady moved that .the communication be received and filed and filing Be approved. Seconded By Councilman Wertz- berger. Carried By the following .vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, WertzBerger. Nays-None. April 20, 1976 Honorable Mayor and City Council I herewith submit the report of the Water Superintendent for the month of March, 1976. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of American Trust & Savings Bank as Trustee for Clem McGuire Trust, in the amount of $969, for damage to building at 120 W. 4th St. as the result of being driven into by a April 23, 1976 Honorable Mayor snd City Council I am returning the petition of David J. powers for street lights along HiJlcrest Road Extension, in Asbury Springs Subdivision No.1. The area has been investigated by the electrical inspector and it is recommended that three 175 watt mercury vapor type fixtures be installed on the developer's metal standards at the following locations: 1. On south side of Hillcrest Road, at the center line of in- tersection with Judson Drive, adjacent to catch basin. April 22, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission bas held a public hearing on the petition of Mr. Robert Defendi to reclassify Lots 14, 15, 16, 17 and 18 in Jae- ger's Subdivision in the City of DuBuque, Iowa from R-3 Residen- tial District to L-l Light Indus- trial District classification. The property lies one-half block east of Garfield Avenue, north of and Special Session, April 26, 1976 193 2. On south side of Hillcrest Road, City owned truck on March 4, fifty-five feet west of property 1976, presented and read. Council- line of Lot 2-1-1-1. man Stackis moved that tbe Notice 3. On south side of Hillcrest Road, of Claim be referred to the City two hundred and fifty feet east Attorney for investigation and re- of #2 light location. port. Seconded by Councilman Your approval of tbese installa- Tully. Carried by tbe following tions is requested. vote: Gilbert D. Chavenelle Yeas-Mayor Lundh, Councilmen . City Manager I Br~~~~!!!~~~:: Tully, Wertzberger. CouncIlman Brady moved that the request Be approved. Seconded By Councilman Wertzberger. Car- ried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 192 Special Session, April 26, 1976 Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of The Chil- dren's Zoo Committee requesting Mayor Lundh to proclaim the week of May 9th as "Support the Dubuque Children's Zoo Week," presented and read. Councilman Wertzberger moved that the com- munication be received and filed and proclamation approved. Sec- onded by Councilman Brady. Car. ried by the following vote: Yeas-Msyor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Antonis Rus- so, Director of Animsl Protection League of Johnson County, object- Ing to the initiation of a petting zoo in the community, for reason of lack of funds; negative exper- ience for a child; concern for the needs of the animals themselves, presented and read. Councilman Tully moved that the communica- tion be received and filed. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Human Rights Commission submitting minutes of their meeting of April 8, 1976, pre- sented and read. Councilman Wertzberger moved that the min- utes be received and filed. Sec- onded by Councilman Tully. Car. ried by tbe following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nsys-None. Communication of Fred C. Kue- per objecting to the handling of a fire csll on March 19, 1976 at 492 Kaufmann Ave., presented snd read. Councilmau Wertzberger moved that the communication be received and filed and Fire De- partment commended on the han- dling of this matter. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meetings of April 8th and 15th, 1976, presented and read. Councilman Stackis moved that the minutes be re- ceived and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Community Development Commission submit- ting minutes of their meeting of April 13th, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilmau Wertzberger. Carried by the fol- lowing vote: Yeas-Mayor Lundh, Couucilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Housing Com- mission submitting minutes of their meeting of April 20, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded By Councilman Wertzberger. Car- ried By the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Plsnning & Zoning Commission submitting minutes of their meeting of April 21, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertz. berger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. April 22, 1976 Honorable Mayor and MemBers of the City Council I have approved the following sidewalk construction continuation ceritficate of insurance and desire to have your approval of same. Edward Apel, Midwestern Cas- ualty & Surety Co. $1,000 Bond No. 29418 ending on April 29, 1977. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and filing Be approved. Seconded By Councilman Wertz- berger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. April 20, 1976 Honorable Mayor and City Council I herewith submit the report of the Water Superintendent for the month of Msrch, 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 Lundb, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of American Trust & Savings Bank as Trustee for Clem McGuire Trust, in the amount of $969, for damage to building at 120 W. 4th St. as the result of being driven into by a April 23, 1976 Honorable Mayor and City Council I am returning the petition of David J. powers for sireet lights along Hillcrest Road Extension, in Asbury Springs Subdivision No.1. The area has been investigated by the electrical inspector and it is recommeuded tbat three 175 watt mercury vapor type fixtures be installed on the developer's metal standards at the following locations: 1. On south side of Hillcrest Road, at the center line of in- tersection with Judson Drive, adjacent to catch basin. April 19, 1976 Honorable Mayor & City Councilmen Re: Claim No. 94-001891 Claimant Rolan Rutledge 2190 Green Street Loss Date 2-26-76 On Marcb 2, 1976, claim for damages in an unstated amount, was filed against the City of Du- Buque by Mrs. Rolan Rutledge claiming damages to her bathroom on FeBruary 26, 1976, as the re- sult of the City crew cleaning the sewer. This matter was referred to the appropriate City Agency who has made an investigation of said mat- ter and has notified the City At- torney's office by letter dated 4-14- 76 tbat said matter has Been amic- ably settled. Accordingly it is the recommendation of the City At- torney's office that the claim of Mrs. Rutledge be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Stackis moved that the communication be received and filed and recommendation of denial Be approved. Seconded by Councilman TulJy. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TulJy, WertzBerger. Nays-None. April 22, 1976 HonoraBle Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has beld a puBlic bearing on the petition of Mr. Robert Defendi to reclassify Lots 14, 15, 16, 17 and 18 in Jae- ger's Subdivision in the City of Dubuque, Iowa from R-3 Residen- tial District to L-1 Light Indus- trial District classification. The property lies one-balf Block east of Garfield Avenue, north of and 194 Special Session, April 26, 1976 under the Fengler Street overpass and abuts property on Industrial Island. The Commission received a petition, hereto attached, bearing the signatnres of 6 owners of prop- erty abutting the subject property, stating that they have no objection to the reclassification request. The Commission has found thst because of the topographY of tbe srea and the proximity of the sub- ject property to the railroad right- of-way that the L-I Light Indus- trial District designation would be more appropriate than the present residential classificstion. The City Planning snd Zoning Commission recommends your favorable con- sideration of the Defendi petition. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackls moved that the communication be received and filed. Seconded by Council- man Tully. Carried by the foJlow- I ing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Msp of the City of Dubuque, Iowa," so as to reclassify hereinafter described portions of Lots 14, 15, 16, 17 and 18 in Jae- ger's Subdivision from the R-3 Residential District Classification to the L.I Light Industrial District Classification, presented and read. Councilman Stackis moved that the reading just hsd be considered the first reading of the Ordinsnce. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meet- ings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman TuJly. Carried by the foJlowing vote: Yeas-Msyor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that a public hearing be held on the Ordinance on May 17, 1976, at 7:30 o'clock P.M. in the Council Chsm- ber at the City HaJl and tbat the City Clerk be instructed to publish notice of the hearing in the man. ner required by law. Seconded by Councilman TuJly. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nsys-None. ORDINANCE NO. 14.76 An Ordinance authorizing Gaorge Loeffelholz to construct e chain link fence, Presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, TuJly, Wertzberger. Nays-None. ORDINANCE NO. 14.76 AN ORDINANCE AUTHORIZ- ING Goo,g' Loeffelholz TO CON. STRUCT a chain link fonco. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. 'fhat Geo'g' LodMholz .. own" of the p"mis" known a. HS H,m', Addition at 2"8 Lincoln in the City of Dubuque, Iowa be, and they a<e h"eby gtansod the mooable p"mit and authotity to consttuOt and maintain a chain liok fonco 8.5 fe" ftom ptopetty line on Hawtho"e St",t und" the sosm' and conditio", "t fotth in this O,dinonco. SECTION 2. That such on"",uction ,hall be don, in accotdanco with pla", he"tofo" ,ubmi",d by p"mit"" and appwvod by City Manag", und" th, ,.- pmision and di"ction of the City Man- ag". ,nd in a«otdanco with ,II ap- plic,ble State and fedetal laws and "su- lotion"~ and the Otdinan"s of the City of Dubuque. Special Session, April 26, 1976 SECTION 3. That the p"mi"ion httt- inStalbtion. conmuction, d"ign, "pair in gran"d is "P""¡y conditioned on and m,in"n,nCt of the facility hOStin p"mitt". ag"'ment to, p"mitted. a) A"orn, auy and all liability fo< SECTION 6. Thi, O,di.,nce shall be. damag" ro pmon, Ot prop"ty rome eff"'ive and the tigh" h",und,r which may mult ftom th, oxi,,- acc,"e to Geo,se Loefftlholz when th" en<" locasiou i"",llation ron"mc- O,dinance h.. b"n adop"d by the City tion' or m,i';"nanco of '"id chain Couucil and the ",m, and condition, link fenCt. thOStof aCCtp"d by p"mitte" by acc'pt- b) To pay o~ behalf of the City of anCt ,udomd on thi, Otdinance. . Dubuque ,II sum, which th, City P.."d, appwved and adopted th.. 28th of Dubuque shall become obligated day of Apr.!, 1976. . to p,.. by teason of the liability Alvm E. Lundh impo"d upon the City of Dubuque Mayor for damag" of any kind "suIting T~om" A. Tully, Jr. from the location, installation, ex- R<ch..d W"',b"g" i"enco, co""uction Ot ,.,in". Ja~" E. ~tady nance of said ch,in link f,n" sus- Em.! Stack" "in,d by any p",on °' p;"ons. Councilmen cau"d by accident °' orh"wi". to Attest: dofend at i" own "pen" and on Leo. F. Ftomme!t behalf of "id City any cl,im C,ty CI"k ~gain" the CIty of. Dubuque ,tis- ACCEPTANCE OF m, out of the loca~<ou, mStalla~<on, ORDINANCE NO. 14.76 ::~::n';;'f ;h~~'ï~~onfe:;e ::dnt:~ The und",igned h.ving tead ,nd being pay ""on,ble attorney fe" thOSt. f,mili" with the term, 'nd ,ondition, for: of O,din,nCt No. 14-76 h",by. for him- ) T . d 'f d h Id C' f D "If, hi, SU'Ct"OtS 0' ",ign" " own", c b:q~: ~';'.:: ;n~nh"::'le~'.'¡;o::' ,:; ~~dth,~,:u:~"te Pb~~:~y¡'Y":h:"c:~i:;=: 'nd all d,,!,,?, ~o'" ¡"b,l~ty and ex- 'nd 'g""ments therein ,ontained ro be pe.,e fot ,"¡U".. to th"d p"'?n' p"fo,med by p"mitre". °' damag" to prop"ty of th"d Dated 4-23-76 p""'n" °' .fo, d,m'ge to any P'?P- BY, Geotge F. Loeffelholz "ty of C"y of Dubuque. wh<ch P,opeety Own" :~~i::':';t~ :h:"~~a~~n:' i:t:~~: Publi,hed offieiallr in the Telegrop~ tion, ,on",u"ion, m,inren,nee ,nd H",ld newspape' th" 29th d,y of Ap"! "p,i, of the f"iliti", work 0' im. 1976. p'ovement permitted bet,;n. Leo. F. Ftommelt SECTION 4. Th" the pmni"ion h",. It. 4/29 City C¡"k in gronred i, "p""!y conditioned upon p"mi"e" fueth" 'g"eme", that ,hould Councilman Stackis moved final the tigh, and ptivilege h",;n .ron"d be adoption of the Ordinance. Sec- ':"inded Ot "vok,d by the City ~o~n- onded by Councilman Wertzberger. "I, petm",e", °' tbm su"""?" '" m. Carried by the following vote: re"", " ownm of the abuttmg ptop- Yeas-Mayor Lundh Councilmen ::::ip:~P w~;:~:: :~~iee(1;'~mdihe ~!:; Brady, Stackis, TulIy, 'wertzberger. M,nag" '0 to do " thei, own "pen" Nays-None. "move ;,id ,h,ln' link fenee, and in th; Petition of Mrs R J Kiefer :;e';;u~~u~::r ,~a::ï'~e '"a:cl,o~~;e~h:o C~?: 2260 White Stre~t; et' al: (33 ~ig: move said ,h,in link fen". "p"mitre" natures). reques~mg co?sId~ratlOn e"pen" and di,po" of the "me. and the for the Installation of lIghting be. p"mitt"" ,hall h,ve no d,im 'g,in" the tween 22nd and 24th Streets on City 0' i" agents fo, d,mag" ",u!ting White Street, presented and read. from the removal of "id ,hain link Councilman Brady moved that the fenee. petition be referred to the City SECTION f. Petmitre" ,oven,", 'nd Manager and Electrical Inspector 'gree that the moc,ble permi, h"ein for investigation and report. See- gronred doe~ not 'o~"iture 'no ,pptovol onded by Councilman Wertzberger. of t~e d",go: "'c"o~, loo"oon, 'O?- Carried by the folIowing vote: }::~I~:;n;n;¡eP::!d o;":;;~e~enh~;:b:f,:~~~ Yeas-May.or Lundh, Councilmen nants ,nd 'g"" not to ",'" ,u,h daim Brady, Stackls, TulIy, Wertzberger. 0' defen" 'gain" the Ci,y of Dubuque Nays-None. in the. e~e~t of daim "",red fo, p"- Petition of Kenneth J. Palm re- :;~;~" m;¡::";,,:~~~' ,~:;:et:ut d~'~: questing p~rmission to excavate in 'ny w'y connecred with the Ioc"ion, on GrandvIew Avenue, two lots 195 Special Session, April 26, 1976 made to inform citizensiuvolved AM to 5:00 PM, Saturdays, Sun- in 'or affected by the local Com- days and holidays excluded. munity Development Program that Leo F. Frommelt the application has been subnritted City Clerk :~ ~p:~a~~":~:s:.o ~n.ierested par- Mayor L,;ndh moved adoption of , the resolutIOn. Seconded by Coun- WHEREAS, Section 570.906 (c) cilman Tully. Carried by the fol. requires (bat there be public no- lowing vat,,: tice of the availability of the An- Yeas-Mayor Lundh, -Councilmen nual Performance Report for In- Brady, Slaci<!s 'IUlIy, Wertzberger. spection By the public; now there- Nays-None: for: BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section J. Be it resolved that the City Clerk be and he Is hereby authorized and directed to puBlish in the Dubuque Telegraph Herald, a newspaper of general circulation wtihin the City, public notice in tbe form of Exhibit A attached bereto and made a part hereof. Passed, adopted and approved this 26th day of April, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 196 Special Session, April 26, 1976 Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. A Resolution annexing approval of Lot 2 of Henschel's Black For- est in Table Mound Township, pre- sented and read. Councilman Stackis moved that the resolution be referred to the Planning & Zon- ing Commission. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. from Kaufmann to Kane, presented and read. Councilman Tully moved that the request be approved. Sec- onded By Councilman Wertzberger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Gene Potts et a1 (1539 signatures) requesting land acquisition planning and construc- tion of the needed playground fa- cilities in the western area of the City, presented and read. Gene Potts of 3285 Theda Drive spoke to the Council relative to the petition requesting Council give some attention to the pro- curement of land in the area. Councilman Wertzberger moved that the petition be received and filed and referred to the City Plan- ner for a report back to Council and City Planner be directed to coordinate with the Park Board and Recreation Department at the outset. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Colt .45 Drum & Bu- gle Corps requesting an appro. priation of Special Project Monies to be used for expenses to com- pete iu the Bicentennial Drum Corps International Contest in Philadelphia, presented and read. Mrs. Daniel Miller snd Don Bue- low addressed the Council request- ing monies in the amount of $1,000 to $1,500 to enable the Corps to make the trip. Councilman Stackis moved that the petition be re- I ferred to the Bicentennial Commit. tee for them to take a hard look at tbe request. Seconded by Coun- cilman WertzBerger. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Richard Henschel et ux requesting annexation of 0.60 acres of real estate and made a part of Lot 2 of Henschel's Black Forest Table Mound Township, presented and read. Councilman Stackis moved that the request be referred to the Planning & Zoning Commission. Seconded by Council- tr,an Wertzberger. Carried by the following vote: April 22, 1976 Honorable Mayor and Members of City Council The Omaha Area Office of the U.S. Department of Housing and Urban Development has advised that the recently submitted Com- munity Block Grant Application and the Annual Performance Re- port have been accepted by their office for processing. The regulations pertinent to the block grsnt program require that the community be advised of the submission of the application to the Federal government and the availability of the application for inspection. The attached resolution author- izes publication of the appropriate public notice. Gent M. Wittenberg Director Msyor Lundh moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 137.76 Attest: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to Title I of the Hous- ing and Community Development Act of 1974, the City of Dubuque submitted an application for a Community Dev"lopment Block Grant and an Annual Performance Report to the U.S. Department of Housing and Urban Development. Both the application and the re- port were accepted for processing By the Federal government on April 16, 1976. A copy of the application for the Community Development Block Grant and a copy of the Annual Performance Report are on file in the office of the City Clerk, City Hall, DuBuque, Iowa and in the office of the Department of Corn. munity Development, 480 Fischer Building, Dubuque, Iowa. Both the application and the report are available for inspection by all in. terested parties Monday through Friday between the hours of 8:00 Authorizing publication of No. tice of availability for public inspection certain Community Development Block Grant Docu. ments. WHEREAS, under date of April 16, the second year Community Development Block Grant applica- tion and the Annual Performance Report were accepted by the U.S. Department of Housing and Urban Development for processing; and WHEREAS, Section 570.300 (b) of the Community Development Block Grant Program requires tbat reasonable effort shall be RESOLUTION NO. 138.76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT HerBert F. Bisping, City Tavern, 1401 Elm St. Passed, adopted and approved this 26th day of April 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackls Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion . of the resolution. Seconded by Councilman Tully. Carried By the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 139.76 WHEREAS, applications for Beer Permits were filed by the within named applicants and tbey have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED By the City Council of the City of Dubuque, Iowa, that .fe7 198 Special Session, April 26, 1976 the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Herbert F. Bisping, City Tavern, 1401 Elm Street Passed, adopted and approved this 26th day of April 1976. Alvin E. Lundh Mayor Thomss A. Tul1y 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, Councilmen Brady, Stackis, Tul1y, Wertzberger. Nays-None. RESOLUTION NO. 140.76 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE 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 Raymond Ney, Ray's Tap, 2186 Central Ave. Dorothy Rose Hentges, Do-Drop-In, 2412 Central Ave. Lona's Inc., 620 E. 16th Street (Also Sunday Sales) Passed, adopted and approved this 26th day of April 1976. Alvin E. Lundh Mayor Thomas A. Tul1y Jr. Richacd 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. Csrried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tul1y, Wertzberger. Nays-None. RESOLUTION NO. 141.76 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicsnts were inspected and found to comply with the State Law and all City Ordinances relevant thereto snd they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be suthorized to cause to be issued to the following named applicants a Liquor License. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Raymond Ney, RAY'S TAP, 2186 Centrsl Ave. Dorothy Rose Hentges, Do-Drop-In, 2412 Centrsl Ave. Lona's Inc., 620 E. 16th St. (Also Sunday Sales) Passed, adopted and approved this 26th day of April 1976. Alvin E. Lundh Mayor Thomas A. Tul1y Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. A discussion was held relative to the proposed Cedar Cross Road. City Planner Dittemore and Frank Scherkow addressed the Council and both were of ihe opinion that the City and County get together and pin down the alignment of the Cedar Cross Road. Also whether Special Session, April 26, 1976 or not it should be two lane or four lane to be in agreement with the present proposed developer. If a two lane facility would be used the curb cuts should be strict- ly limited. Tbere being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Wertzberger. Cacried by the fol- lowing vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tul1y, Wertzberger. Nays-None. Leo F. Frommelt City Clerk 199 Approved ....................................1976 Adopted ......................................,1976 ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: ................................................ City Clerk