The URL can be used to link to this page

1976 June Council Proceedings 262 Special Session, May 24, 1976 There being no fnrther business Councilman Tully movcd to ad- journ. Secouded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved 1976 1976 Adopted ...................................,............................ ................................................................ ................................................................ ....................................."......................... """"""""""'ëi~~~~iï;;;~~""""""""""" Attest: """""""'ëi¡¡y'ëii~~k"""""""" Special Session, June I, 1976 263 CITY COUNCIL OFFICIAL Special Soaalon, Juna1, 1976. Council Mat at 7:30 P.M. (C.D.T.) pra.anl-Mayor Lundh, Councilman Brady, Slackl., Tully, Wartzbarger. City Manager Gllbart D. Cha.analla. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for the PUR- POSE OF CONDUCTING A HEARING ON THE RESOLUTION OF NECESSITY FOR RECONSTRUCTION OF JACK- SON STREET FROM 12th TO 22nd STREET and acting upon such other business as may properly come before a Regular Meeting of the Council. A Proclamation proclaiming June 4, 1976 as "Dubuque Satellite Day" was approved and signed by Mayor Lundh. . May 28, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed a proposed plan for "Cathedra! Square", to be located within the right-of-way of Second Street from Bluff eastward to the alley. The Commission has found the con- cept and design of the proposed "Cathedral Square" to be appropriate for that location, and has recommended your approval. City Planning and Zoning Commission Daniel Dittemore Development Planner CounciÎman Stackis moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded hy Councilman Brady. Car- ried by tbe following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Wayne Norman presented a plan on "Cathedral Square"; Stating single lane on each side of 2nd Street. Sculpture group also presented plan of sculpture to be 7 to 8 feet high; Larger than life size to be flanked on each side by a wrought iron fence; 40 foot section would be from Bluff Street to the alley and to be completed later part of August. Councilman Stackis moved that the communication of Planning & Zoning Commission be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis further moved that recommendation of Planning & Zoning Commission be approved and the City Manager be instructed to proceed with proper proceedings. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Recreation Com- mission advising that during the week of June 13th to 19th an American Folk Arts Festival will be held at Flora Barn and requesting the week of June 13th to 19th be proclaimed "American Folk Arts Week", presented and read. Council- man Stackis moved that the communi- cation be received and filed and week so proclaimed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stack;s, Tully, Wertzberger. Nays-None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of May 13, 1976, pre- sented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Advi- sory Commission submitting minutes of their meeting of May 25, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of May 26,1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of U. S. Environmental Pro- tection Agency submitting requests for modifications of NPDES Permits to dis- charge into the waters of the United States more particularly City Water Treatment Plant, presented and read. Councilman Tully moved that the No. 264 Special Session, June I, 1976 tice be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Councilman Brady further moved that Councilman Tully be directed to organize and lead a group to send com- ments to the Agency and report back to the Council. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tully, Wertzberger. Nays - None. Communication of Citizens Advisory Commission Chairman Alan Spensley, submitting a list of persons whose terms expire on the Commission as of June I, 1976, and requesting reappointments, presented and read. Councilman Wertzberger moved that the commu- nication be received and filed and referred to Council. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Bethany Home submitting a copy of their annual audit in compliance with Loan Agreement with the City on September I, 1975, presented and read. Councilman Stackis moved that the communication and audit be received and filed. Seconded by Councilman TullY; Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None Communication of Leo Ungs, as Ad- ministrator of County Institutiooal Ac- counts, submitting petitions from Louise Biederman, Ann Bodish, Rosella Eisenbraun (Bersley), Blanche Don- ovan, Elsie Lange, Ida A. Litscher, Evelyn A. Mazurek, Gertrude S. Ogaard, Leona Rieken, Josephine Roth and Helen Bradley requesting consideration for the suspension of taxes on account of age or infirmity, presented and read. Councilman Stackis moved that the communication be received and filed and City Clerk be authorized to sign approvals and forward to the County. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Superintendent of the Water Department, J. J. Hail, sub- mitting various ways to possibly ac- comodate William L. Meyers of 320 King Street as to water pressure problems, presented and read. Mayor Lundh moved that the communication be referred to the City Manager for specific recommendation and report back to the Council. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. May 20,1976 To the Honorable Mayor and Members of the City Council I have approved the following sidewalk construction bonds and Gen- eral Liability policy and wish to have your approval for filing. SIDEWALK CONSTRUCTION BONDS. Joe Lukens, United Fire & Casualty Co.. Bond No. 55-54271, $1,000 extended to May 25, 1977. David & Thomas Kluck, United Fire & Casualty Co.. Bond No. 55-56926, $1,000 extended to May 3,1977. Kenneth Schromen, The Ohio Casualty Insurance Co. Bond No. 614989, $1,000 extended to April 15, 1977. Cletus Palm, Midwestern Casualty & Surety Co., Bond No. 29422, $1,000 extended to May 30,1977. GENERAL LIABILITY POLICY F.N. Smith Construction Inc. Bitumin- ous Casualty Corporation Policy No. G A 795689, to April I, 1977. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and filing be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Notice of Claim ofMrs.M.E. Cahill, in the amount of $16.00, for car damage incurred as the result of striking a sharp curb at the 8th Street Storm Sewer on May 19, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Special Session, June I, 1976 265 Notice of Claim of David Ackerman, in the amount of $850., for car damage incurred as the result of being driven into by a City Fire Engine at 9th Street on May 24, 1976, presented and read. Councilman Tully moved that the No- tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. U. S District Court submitting a dis- charge of bankrupt notice in the case of Robert J. Jacqulnot, presented and read. Councilman Tully moved that the No- tice be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Gerald L. Guy et al (16 signers) requesting investigation of the intended use of property as it relates to access to the City through Pego Court, presented and read. Gerald L. Guy addressed the Council having no serious objections to use of Lot 2 of 5 being used as an access to one residence; Very serious problem if it becomes access to more than one residence. Attorney Joseph J. Bitter, represent- ing Bisenius & Garms, addressed the Council stating his clients would like to put two houses at end of access of Cul- De-Sac; Requesting an opportunity to work out a solution in the area. Councilman Tully moved that the petition of Gerald L. Guy be received and filed and referred to the City Solici- tor. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of M. J. Tanner et al (59 signers) residents of Shiras Ave. & Or- chard Hills requesting relief of traffic, noise and harassment by closing Eagle Point Park at to o'clock P.M. Sunday thru Friday and midnight on Saturday during the normal park season, pre- sented and read. Walter Pregler of Shiras Ave., ad- dressed the Council relative to the peti- tion stating residents would like to close Eagle Point Park the same as other parks in the City. Councilman Stackis moved that the petition of M. J. Tanner be received and filed and referred to the Park Board, City Manager and Citizens Advisory Commission. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilm-en Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Robert J. Rosen- ow being in agreement with a ten o'clock curfew at the Eagle Point Park, presented and read. Councilman Stackis moved that the communication be referred to the Park Board, City Man- ager and Citizens Advisory Commis- sion. Seconded by Mayor Lundh. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for Public Hearing upon proposed plans, specs. etc. for Reconstruction of Jackson Street from 12th to 22nd Street, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publica- tion be received and filed. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Statement of City Clerk certifying that notices of hearing on Resolution of Necessity were mailed by certified mail on May 13, 1976, to property owners of record subject to assessment for Reconstruction of Jackson Street from 12th to 22nd Streets, presented and read. Councilman Tully moved that the statement be received and filed. Sec- onded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Necasslty for Impro.ement) RESOLUTION NO. 156-76 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 266 Special Session, June I, 1976 Special Session, June I, 1976 267 I. The assessment limits. 2. The streets to be improved. 3. The width of such improvement, and the size and kind of sewers. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same from each different type of con- struction and kind of material to be used. " 6. In each case the amount thereof which is estimated to be assessed against each lot, for the reconstruction of Jackson Street from 12th Street to 22nd Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use Tax Funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was introduced, approved and ordered placed on file with the CityClerk~his lOth day of May, 1976. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 1st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 1st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved final adop- tion of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stack is, Tully, Wertzberger. Nays - None. RESOLUTION NO. 194-76 Decision of Council upon objections to plans, specifications, form of contract and cost of improvements WHEREAS, proposed plans and specifications and form of contract for the reconstruction of Jackson Street from 12th Street to 22nd Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Section 384 of the Code of Iowa, 1975 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 1st day of June, 1976; and WHEREAS, the City Council met in special session this 1st day of June,1976, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decisio" (Ordering Construction) RESOLUTION NO. 195-76 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolu- tion of necessity No. 156-76 which was duly passed by this Council, for the reconstruction of Jackson Street from 12th Street to 22nd Street be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provements be paid for by levying special assessments against the private- ly owned property lying within the as- sessable distance from the im- provements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general improvement. Payment will be made to the contractor out of Road Use Tax Funds. Bonds may be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 working days after no- tice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 1st day June, 1976. Alvin E. Lundh MaYor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 197-76 Resolution authorizing execu- tion of agreement number 76-U-O54 between the City of Dubuque, Iowa and the Iowa Department of Transportation relating to the resurfacing of Dodge Straet (extension of U.S. 20) from Bluff Street to lust East of Locust Street for a distance of ap- prox!mately 400 feel. BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to execute agreement number 76-U-054, two copies of which are attached, agre~ing with the State to reimburse the City for 50% of the cost of resurfacing Dodge street (U.S. 20) from Bluff Street to East of Locust Street up to a maximum of $6,920. Passed, approved and adopted this 1st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully, Jr. Richard Wertzberger James E. Brady EmiiStackis Councilmen ATTEST: Leo F. Frommeit City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- 268 Special Session, June I, 1976 man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 198-76 Resolutlop approving a tentative Three Year Street Construction Program and Submitting same to the Iowa Department of Transportation. WHEREAS, the Office of the City Engineer has prepared, in accordance with instructions from the City Man- ager, a Tentative Street Construction Program for the years 1976, 1977, 1978; and WHEREAS, said construction pro- gram shall be filed with the Iowa Department of Transportation by June 10, 1976 for the pùÌ'pose of allocating Road Use Taxes to Municipalities; and WHEREAS, this Council has reviewed the Tentative Street Con- struction Program of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa; that the Tentative Three Year Street Construction Pro- gram for the years 1976, 1977, 1978 as prepared by the City Engineer, be and the same is hereby approved and the City Manager is hereby directed to for- ward the required documents to the Iowa Department of Transportation. Passed, adopted and approved this 1st day of June 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution and directed that the property owners on the streets involved be notified affected by the three year street program. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 196-76 . Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of ClgareUes within the City 01 Dubuque, Iowa, be granted a permit to sell Cigarettes and ClgareUe Papers wllhln said City. Canfield Hotel, Inc., 36 West 4th St. Dubuque Packing Company, 16th and Sycamore St. Robert C. Ender, 2098 Central Ave. Hartig Drug Company, Town Clock Plaza . Hartig Drug Company, 1st and Locust St. Hartig Drug Company, 2255 J.F. Ken- nedy Rd. Hartig Drug Company, 22nd and Cen- tralAve. Joseph Kiefer, 2301 University Ave. Lucky Stores, Inc., 200 S. Locust St. Lucky Stores, Inc., 1800 Elm Street Lucky Stores, Inc., 3033 Asbury St. Lucky Stores, Inc., 3049 Asbury St. Kermit Meyer, 336 Main St. Miracl.e Car Wash, Inc., 255 Locust St. Eugene A. Otting, 1689 Elm St. Mathias Schneller, 2372 Central Ave. Nash Finch Co., J. F. Kennedy Road Walgreen Co.. 555 J. F. Kennedy Cyril N. Meitl, 1555 Central Ave. Carl Van Duelman, 590 Clarke Drive Passed, adopted and approved this 1st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady EmiiStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 199-76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, fowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinancesof the City. CLASS 'B" BEER PERMIT Alice B. Weber, d/b/a Strand Tap, 1187 Iowa Street George William Pohlen, d/b/a Tri-State Softball Tournament McAleece Field. (Also Sunday Sales) Special Session, June I, 1976 CLASS "C" BEER PERMIT Beecher Co., Inc. # 1,2399 White Street Beecher Co., Inc. # 2,1691 Asbury Street Passed, adopted and approved this 1st day of June 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 201-76. WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bar X, Inc., (Also Sunday Sales), 2616 Windsor Ave. J. & R C. Inc., d/b/a Jerry's Tap, 431 Rhomberg Ave. Passed, adopted and approved this 1st day of June 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resoiution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 200-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordi- nances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 202-76. WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to compiy with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" BEER PERMIT Alice B. Weber, d/b/a Strand Tap, 1187 Iowa St. George William Pohien, d/b/a Tri-State Softbali Tournament, McAleece Field, (Also Sunday Sales) CLASS "C" BEER PERMIT Beecher Co" Inc. #1,2399 White Street Beecher Co" Inc. # 2,1691 Asbury Street Passed, adopted and approved this 1st day of June 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resoiution. Seconded by Mayor Lundh. Carried by the following vote: CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bar X, Inc., (Also Sunday Sales), 2616 Windsor Avenue J. & RC. Inc., d/b/a Jerry's Tap, 431 Rhomberg Avenue 269 270 Special Session, June I, 1976 Passed, adopted and approved this 1st day of June 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wert~berger James E. Brady Emil Stackis Councilmen Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor L"ndh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. At 9:05 P.M. Councilman Tulty moved to go into Executive Session to discuss personnel and appointments to various Boards and Commission. Seconded by Councilman Stackis. Carried by the foltowingvote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tulty, Wertzberger. Nays - None. Council reconvened in Regular Ses- sion at 9:48 P.M. Mayor Lundh announced the follow- ing appointments to the Advisory Com- mission for three year term expiring 6-1-79: T. Paul Milbrandt, Alan B. Spensley, Charles W. Hilgert, Judie Wagner, Kerin Moldenhauer, Robert C. Klein and Philip N. Weber. Councilman Stackis moved ratification of the ap- pointments. Seconded by Councilman Tully. Carried by the following vote: Approved ..................... 1976 Adopted ...................... 1976 .................. .."......... .................,............... ................................. ................................. ................................. Councilmen Attest: ........................... City Clerk Regular Session, June 7, 1976 271 CITY COUNCIL OFFICIAL Regular Session, June 7, 1976. Coun~1I Mat at 7:30 P.M. (C.D.T.) preaant - Councilmen Brady, Sta~k- Is, Tulty, Werlzbarger. City Manager Gilbert D; Chavenella. Absent-Mayor Lundh. Mayor Pro Tem Stackis read the calt and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING of the City Council calted for the purpose of acting upon such business as may properly come before the Meeting. Communication of Iowa Department of Environmental Quality granting con- struction permit toJamesH. Richard for water main extension in Sunrise Heights Block 16, presented and read. Councilman Tully moved that the com- munication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Abs~nt - Mayor Lundh. Communication of Auditor of State, submitting an Audit Report of a major disaster claim submitted by the City February 13, 1975, covering flood of July, 1974, City Claim $90,800.55, recommending reimbursement of $84,316.27, less an advance payment of $42,000., presented and reaq. Council- man Tully moved that the communica- tion and report be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays ~ None. Absent - Mayor Lundh. Communication of Dubuque County Institutional Accounts submitting a pe- tition for suspension of taxes for Ber- nard W. & Florence Mihm, W. 130' of Lot 46 in Cox Addn., presented and read. Councilman Tulty moved that the sus: pension be approved and City Clerk be authorized to sign and forward to the County. Seconded by Councilman Wertzberger. Carried by the foltowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Communication of Chamber of Com- merce, addressed to the Mayor. relative to lending support to help keep the Savanna Ordinance Depot open, pre- sented and read. Councilman Tolty moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. June 4, 1976 To the Honorable Mayor and City Council This is to advise you that the con- struction of Cathedral Square has been approved by the Planning and Zoning, DEMATS, Traffic Committee and En- gineering Department. The total cost of the project is $16,604.76 with the City share being $4,039.31. The remaining amount will be the responsibility of the Cathedral Square Committee Fund as per attached letter. The Tri-State Paving Company has agreed to do this project under their City of Dubuque 1976 Asphalt Paving Project No.1. I, therefore, recommend your ap- proval of this project. Gilbert D. Chavenelte City Manager Councilman Wertzberger moved that the communication be received and filed and recommendation be approved. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tulty, Wertzberger. Nays - None. Absent - Mayor Lundh. May 28,1976 Honorable Mayor and City Councilmen On the 12th day of August 1974, ac- tion was filed against the City of Dubuque by Mark David Mihm, by his father Bernard W. Mihm, against the City of Dubuque, Iowa claiming injuries as a result of an alleged fall occurring on the 13th day of May, 1974 and claiming that the public walk abutting, and in the vicinity of, 423 W. Lncust Street, in the City of Dubuque, Iowa and the steps and curb onto the portion of said street were in a defective condition, and as a resuit of said alteged defective condition said minor child tripped and fell to the pavement while carrying some supplies he had purchased, suffering damages and injuries to his knee and that the 272 Regular Session, June 7, 1976 Regular Session, June 7, 1976 273 plaintiff, Mark Mihm, made claim in the amount of $5000.00 and in Second Count of said petition the father made claim in the amount of $1000.00 for damages to his son. Said matter was scheduled for jury trial commencing on June 2, 1976, and immediately prior thereto, plaintiffs made an offer of settlement in the amount òf $1000.00. Said minor child and parent had suffered special damages in the approximate amount of $300.()O. The alleged injury to the child consists of severe lacerations to the right knee. It is the opinion of the City Attorney's office that said offer of set- tlement should be accepted, in view of the fact, that in the opinion of the City Attorney's office, a jury question ap- peared to have been generated. It is the recommendation of the City Attorney's office that said offer of set- tlement in the amount of $1000.00, plus the payment of court costs be accepted and that the City Attorney be author- ized and empowered to confess judg- ment against the City of Dubuque in the amount of $1000.00 together with the legal rate of interest in the amount of 7% until paid together with payment of court costs in the amount of $41.25. Copy of the petition with original notice is hereto attached. R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of settlement be approved and City Auditor be directed to issue proper warrant. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Notice of personal injury claim of Elizabeth Gardner, in the amount of $74.00 plus, as the result of a fall at 650 W. 8th St. on the sidewalk on April 30, 1976, presented and read. Councilman Wertzberger moved that the Notice be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY REPEALING SUBSECTION b OF SEC- TION 30.3 ANI) BY ADDING A NEW- SUBSECTION J AND A NEW SUB- SECTION kTOSECTION 30.1 AND BY ADDING A NEW SUBSECTION IV TO SECTION 30.28 THERETO TO ESTAB- LISH NOISE STANDARDS TO PROHIBIT THE OPERATION OF MO- TOR VEHICLES IN VIOLATION OFES- TABLISHED NOISE STANDARDS AND PROVIDING PENALTIES FOR VIOLA- TION HEREOF, presented and read. Councilman Brady moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. adding a new Subsection j and 0 new Subsection k to Section 30.1 there of as follows: 30.1 Definitions: j. Decibel (db) sholl meon a unit for measuring the volume of a sound, equal to 20 times the logarithm to the bnse 10 of the ratio of the pressure of sound measured to a reference pressure which is 20 mlcropascals (20 micronewtons per square meter). k. Motorcycle means every motor vehicle hnving a saddle or seat for the use of the rider and designed to travel on not more than three wheels in con- tact with the ground including a motor scooter and a bicycle with a motor at- tached, but excluding a tractor. Section 3. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended, be and the same is hereby amended by adding a new Sub-section IV to Section 30.2a thereof as follows: 30.2a Motor Vehicle Noise: IV Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574) as amended, pertaining to motor carriers engaged in interstate com- merce. Measurements for these vehicles will be mnde at not less than 50 feet from the center of the traffic lane, on an open site. (Under 35 MPH 86 db (Ai; (Over 35 MPH 90 db (A) Passed, adopted and approved this 7th day of June, 1976. EmilStackis Mayor Pro Tem James E. Brady Thomas A. Tully Jr. Richard Wertzberger Councilmen Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilman Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. ORDINANCE NO. 21-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY REPEALING SUBSECTION b OF SEC- TION 30.3 AND BY ADDING A NEW SUBSECTION i AND A NEW SUBSEC- TION k TO SECTION 30.1 AND BY ADDING A NEW SUBSECTION IV TO SECTION 30.28 THERETO TO ESTAB. LlSH NOISE STANDARDS TO PROHIBIT THE OPERATION OF MO- TOR VEHICLES IN VIOLATION OF ESTABLISHED NOISE STANDARDS AND PROVIDING PENALTIES FOR VIOLATION HEREOF: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sactlon 1. That Ordinance No. 33-49 known as the "Trnffic Code of Dubuque, Iowa", as amended, be and the same is hereby amended by repealing Subsection b of Section 30.3 thereof as no further value. Saction 2. That Ordinance No. 33-49 known as the "Traffice Code of Dubuque, Iowa", ns amended, be and the the snme is hereby amended by ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 10th day of June 1976. Leo F. Frommelt City Clerk 116/10 Councilman Brady moved final adop- tion of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. June 4, 1976 Honorable Mayor and City Council As you know the zoning ordinance regulations for the storage of recreation vehicles will become effective July I, 1976. Section 5-101.4 of the ordinance provides that in residential districts no vehicle may be stored in the front yard; that a vehicle no longer than 20 feet and 9 feet high may be stored in the rear yard; or, with the permission of the building commissioner, may be stored at the side of a residence except that no such vehicle may be stored in any part of a required side yard. Further, you ,have a letter from the planning and zoning commission in which they recommend that the regula- tions be allowed to become effective as originally adopted. I would point out that the zoning regulation of vehicle storage presents an administrative probl.em and one which will be most difficult to carry out with our present staffing. Further, that some vehicle owners may not be able to comply. It seems to me that if the regulations become effective July 1st, it must be with the tacit understanding that en- forcement be limited, say to "com- plaint" cases only. I do recognize the difficulty of this suggestion. Another approach may be to give the zoning administrator some discretion in the enforcement of regulations, for example: "Notwithstanding the provisions of Sections 5-101.41 through 5-101.45, the building commissioner shall have the authority to issue an annual special storage permit for the storage of vehi- cles at variance with standards and regulations; provided, that other oc- cupants of a building and occupants abutting property evidence in writing that they do not object to the proposed storage." Under this arrangement the back yard storage of vehicles could be enforced, but in the impossible situa- tion, latitude could1,e given if the par- amount right of abutters was considered. A third possibility is for a vehicle storage area to be provided, either by the city or private enterprise. I am unprepared to make any favorable recommendation that the city provide and operate such a facility. An alternative to the previous sug- gestions is that the storage regulations be postponed. If this were to occur, I would work toward a regulation giving the building inspector "special permit authority," if this idea is found accept- able and workable. I submit a sample ordinance amending the zoning ordi- 274 Regular Session, June 7,1976 Regular Session, June 7, 1976 nance and delaying vehicle storage regulation. I request an opportunity to discuss this zoning situation with you. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Clarence Faust Jr., Bill Phillips and Chas. Guns addressed the Council rela- tive to the proposed Ordinance regard- ing the parking and storage of Recrea- tional Vehicles. Counci!man Brady moved that the communication of the City Manager be received and filed and referred to the City Manager, Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", so as to extend the effective date of provi- sions, known as Section 5-101.4 regulating the parking and storage of vehicles within residential districts, presented and read. Councilman Tully moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Councilman Tully moved that a pub- lic hearing be held on the Ordinance on July 6, 1976, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that lhe City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. Petition of Evening Optimist Club of Dubuque requesting refund of $225., on unexpired portion of Class "B" Beer Permit No. S-5318-76, discontinued business on May 30,1976. presented and 275 read. Councilman Wertzberger moved that the refund be granted and City Auditor be directed to issue proper warrant. Seconded by Councilman Tul- ly, Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Proof of Publication, certified to by the Publisher of Notice of Hearing on Resolution of Necessity for demolition and removal of Naval Reserve Buildings and Garage, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman WerIzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. (Necessity lor Improvement) RESOLUTION NO. 185-76 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The buildings and garage to be demolished and removed. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used, for the Demolition and removal of the Naval Reserve Buildings and Garage on Volunteer Dr. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement. and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Water Dept. Construction Fund. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 24th day of May, 1976. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved final adop- tion of the resolution. Second by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stack is, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of Glenwood Court Storm Sewer Improvement, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stack is, Councilmen Brady, Tully, Wertzberger Nays - None Absent - Mayor Lundh (Necessity lor Improvement) RESOLUTION NO. 189-76 WHEREAS, proposed plans specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used, for the construction of: Glenwood Ct. Storm Sewer improvement. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement shall be paid out of the sewer funds. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 24th day of May, 1976. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved final adop- tion of the resolution. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh.. Proof of Publication, certified to by the Publisher of Notice of Meeting for issuance of Water Revenue Bonds, 1976 Series, presented and read. No written objections were filed and no oral objec- tors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Tully, Wertzberger. Nays - Councilman Brady. Absent - Mayor Lundh. RESOLUTION NO. 203-76 Resolution InItIating proceedings lor the issuance of $7,000,000 water revenue bonds, 1976 aeries, of the City 01 Dubuque, Iowa. WHEREAS the City of Dubuque, in Dubuque County, Iowa, did heretofore 278 Regular Session, June 7, 1976 nating the Key City Bank and Trust Company, in the City of Dubuque, Iowa, as the place of payment of said bonds and the interest thereon; and WHEREAS it is considered necessary and advisable that all action heretofore taken for the creation of the Agency, for the award of construction contracts and for the authorization, sale and is- suance of the above mentioned bonds be ratified and confirmed: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the CitYOfDUbUqUe'IOWa,~s lIows: Section 1. That all a Ion heretofore taken for the creation f the Dubuque Metropolitan Area Solid Waste Agency, including the resolution adopted by this City Council on December 15, 1975, approving the Amended Intergovern' mental Agreement Creating the Du- buque Metropolitan Area Solid Waste Agency, be and the same is hereby ra- tified and confirmed in all respects. Section 2. That all action heretofore taken by the Agency Board of the Dubuque Metropolitan Area Solid Waste Agency for the award of con- tracts for the construction and equip- ment of the solid waste disposal project, including the resolutions adopted by the Agency Board on March 8, 1976, for this purpose, be and the same is hereby approved, ratified and confirmed in all respects. Section 3. That all action heretofore taken for the approval and execution of a Service Agreement between the Agency and the City of Dubuque, in- cluding the resolution adopted by the City Council on April 19, 1976, approv- ing and authorizing the execution of said Service Agreement, be and the same is hereby ratified and confirmed in all respects. Section 4. That all action heretofore taken for the authorization, sale and issuance of said $1,700,000 Solid Waste Disposal Revenue Bonds of the Dubuque Metropolitan Area Solid Waste Agency, including the resolution adopted by this City Council on April 23, 1976 approving the form of resolu- tion to be adopted by the Agency Board to authorize the issuance of said bonds, the approved resolution adopted by the Agency Board on April 26, 1976, au- thorizing and providing for the issuance of said bonds and the resoiution adopted by the Agency Board on May 6, 1976, providing for the sale and award of said bonds, be and the same is hereby ap- proved, ratified and confirmed in all respects" , Sactlon 5. That the resolution adopt- ed by the Agency Board on May 28, 1976, establishing the gate fees to be charged for the services and facilities provided by the solid waste disposal project and the resolution adopted by the Agency Board on May 28, 1976, designating the Key City Bank and Trust Company, in the City of Dubuque, Iowa, as the place of payment of the principal and interest on the $1,700,000 Solid Waste Disposal Reve- nue Bonds, be and the same are hereby approved, ratified and confirmed in all respects. Section 6. That this resolution shall become effective immediately upon its passage and approval. Passed and approved June 7,1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Recorded June 7,1976 Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. June 3, 1976 Honorable Mayor and City Council Re: General'Revenue Sharing - Planned Use Report for the Period July 1,1976 - December 31,1976. The Office of Revenue Sharing requires each governmental recipient of Revenue Sharing funds to submit a Planned Use Report on how the recipient intends to use the funds. The Office of Revenue Sharing has notified us that our allocation of funds for the period July I. 1976-December 31, 1976 will be $465,925. This Planned Use Report must be published so that the citizens of the City of Dubuque will have an awareness of how the City plans to use the Revenue Sharing funds. The publication of the report and the subsequent submittal of the report must be made to the Office of Revenue Shar- ing by June 25, 1976. Pl~~~:~h~ei~:p~~n:¡;:~t~I~;P~ ao~~~ Regular Session, June 7, 1976 279 detailed tabulation of how we anticipate using these funds. Public Safety Police Department Salaries. $160,960 Fire Department Salaries. .. $203,390 Supplies & Services - Police Department. . . . . . . .. $ 34,000 Police Automobiles. . . . . . . .. $15,350 $413,700 Envlronmenlel Protection Storm Sewer Improvements $5,000 Health Ambulances $17,225 Library Library Books $20,000 Special Services for Aged or Poor $9,500 $465,925 You are requested to adopt a resolu- tion authorizing the City Manager to execute the Planned Use Report and to direct the City Clerk to publish this report in our local newspaper. Francis A. Murray Assistant City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO. 206-76 Raaolutlon authorizIng the City Managar to a.acute tha Ravenue Sharing Planned Usa Repori and dlracllng tha City Clerk 10 publish. WHEREAS, the state and local Fiscal Assistance Act of 1972 requires each governmental recipient of Revenue Sharing funds to submit a Planned Use Report for each entitlement period; and WHEREAS, a report covering the seventh entitlement period, July I, 1976 - December 31, 1976, must be submitted no later than June 25,1976; and WHEREAS, the City of Dubuque must report planned expenditure for funds received in the seventh enti- tlement period, July 1, 1976-December 31,1976, in the amount of $465.925; and WHEREAS, the law requires the Planned Use Report to be published in a local newspaper. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that 1. The City Manager be authorized to execute the Planned Use Report for the seventh entitlement period, July I. 1976-December 31,1976; 2. The City Clerk be directed to pub- lish a copy of this Planned Use Report in the local newspaper; and 3. That a copy of the Planned Use Report be submitted to the Office of Revenue Sharing prior to June 25, 1976. Passed. approved and adopted this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. June 3, 1976 Honorable Mayor and City Council Attached is a resolution for amending our FY '76 budget. Also attached is a resolution directing the City Clerk to publish a notice regarding a public hearing on the proposed amendment to the budget. Additional expenses have been in- curred by the City in FY '76 in the employment of additional CETA em- ployees and expenses resulting from the assumption of operation of the Five Flags Theater. Expenses resulting from employment of the CETA employees will be reimbursed to the City by the State. Expenses for the Five Flags Theater will be financed from miscel- laneous revenue sources. The State Code stipulates that any increases in expenditures by the City over appropriations must be approved by the City Council after a public hear- ing. Consequentiy, you are requested to adopt a resolution authorizing the City Clerk to publish, in the local newspaper, notice of a public hearing to be )1eld on June 21, 1976 on the proposed amendment. Francis A. Murray Assistant City Manager 280 Regular Session, June 7,1976 Regular Session, June 7, 1976 281 Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Ahsent - Mayor Lundh. RESOLUTION NO. 207-76 A Resolution directing the City Clerk to publish Proposed Amendments to the Fiscal Year 1976 Budget and Date of Public Haarlng. WHEREAS, amendments are proposed to the FY '76 Budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that public hearing must be held on budget amendments. NOW, THEREFORE, BE IT RE- SOLVED by the City Council ofthe City of Dubuque, Iowa: That they hereby direct the City Clerk to publish proposed amend- ments to the FY '76 Budget and date of public hearing. Passed, approved and adopted this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution and a public hearing be held on June 21, 1976 at 7:30 o'clock P.M. in the Council Chamber at the City Hall. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO. 208-76 Authorizing the exacutlon of an Annual Contributions Contract with the United Slates of America WHEREAS, under date of March 5, 1976, the City of Dubuque entered into an Annual Contributions Contract with the United States of America for 249 units of existing housing pursuant to the Section 8 Housing Assistance Payments Program; and WHEREAS, under date of June 2, 1976, a revised Annual Contributions Contract was tendered the City of Dubuque for execution in order to cor- rectiy identify the project numbers of the two projects within the total pro- gram currently under administration by the City of Dubuque; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Master Section 8 Annuai Contributions Contract No. KC-9004 is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the said contract on behaif of the City of Dubuque. Section 2. The Director of the Department of Community Develop- ment is hereby authorized and directed to submit in the required number of copies, the executed contract to the Government together with such other documents evidencing the approval and authorizing the execution and im- plementation of such Contract as may be required. Passed, approved and adopted this 7th day of June, 1976. Emil Stackis Mayor Pro Tem ThomasA. Tully Jr. Richard Wertzberger James E. Brady Councilmen project Notes in the aggregate amount of $463,000 to finance certain undertak- ings in connection with the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, in order to refinance a portion of said outstanding Project Notes, it is necessary for the City of Dubuque to sell Project Notes (Third Series 1976) totaling $384,000; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed to publish according to law, "Notice of Sale - Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabulate proposals for the sale of said notes and send telegrams of acceptance to the low bidder or bidders all in accordance with instructions covering such transactions as provided by the Department of Housing and Ur- ban Development, United States of America Section 3. That a meeting of the Council of the City of Dubuque shall be held after the bid opening date of June 22, 1976, to adopt such resolution or resoiutions necessary for the consum- mation of the sale of Project Notes (Third Series 1976) to the lowest bidder or bidders. Passed, approved and adopted this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. RESOLUTION NO. 209-76 Autho~zlng the publication of No- tice of Sale of Prolect Notes (third series 1976) and the receiving of proposals for the sale of said notes for the downtown Urban Renewal Prolect,lowaR-15 WHEREAS, under date of July 26, 1967, the City ofDubuqueentered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of July 3,1972, the Council of the City of Dubuque adopted Resolution No. 213-72 author- izing to be issued, from time to time, Project Notes in connection with the Downtown Urban Renewal Project, IowaR-15;;md WHEI,ŒAS, under date of January 26, 1976, the Council ofthe City ofDubuque authorized the issuance and sale of its ATTEST: Leo F. Frommelt City Clerk NOTICE OF SALE - PROJECT NOTES City of Dubuque, Iowa Seaied proposals will be received by City of Dubuque, Iowa (herein called the "Local Issuing Agency") at City Hall, 13th and Iowa in the City of Dubuque, State oflowa 52001, until, and publicly opened at, I o'clock P.M. (E. S.T.) on June 22, 1976, for the purchase of $384,000 of Project Notes (Third Se- ries 1976), being issued to aid in financ- ing its project(s) as follows; Amount: $384,000; Series: Third - 1976; Maturity: November 18, 1976. The Notes will be dated July 20, 1976, will be payable to bearer on the Maturi- ty Date, and will bear interest at the rate or rates per annum fixed in the proposai or proposals accepted for the puréhase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form ap- proved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be obtained from the Local Issuing Agency at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the June 8, 1976 issue of Daily Bond Buyer. City of Dubuque, Iowa by Leo Frommelt City Cierk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas _\ Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh May 26, 1976 To the Honorable Mayor and City Council The construction of the Grandview Avenue and Highway #20 Traffic Sig- nals has been substantiaily completed in accordance with plans and specifica- tions by Moldt Electric Service, Inc. of Dubuque, IA. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. FINAL ESTIMATE RESOLUTION NO. 210-76 WHEREAS, the contract for the Grandview Avenue and Highway #20 Traffic Signals has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the CityCoun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $40,266.73. That none of the cost thereof shall be assessable upon private property and 282 Regular Session, June 7,1976 $40,266.73 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. (A Resolution Accepting Inprovement) RESOLUTION NO. 211-76 WHEREAS, the contract for the Grandview Avenue and Highway #20 Traffic Signals has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract. plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund upon the above described improvement in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stack is, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO. 212.76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following have complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted to sell Cigarettes and cigarette papers within said City. William J. Baum, 2995 Central Ave. William Billikas, 963 Main St. Carl N. Brant, 2600 Central Ave. Dodge House Motel, 701 Dodge St. Patrick Fenelon, 3130 Jackson St. Ronald J. Fens, 1121 University Ave. Fischer Bowling Lanes, 880 Locust St. Fischer Realty Co., 9th & Main St. General Cinema Corp., 555 J. F. K. Road. Lorraine Goodman, 2327 Central Ave. Hardee's of Dubuque, 703 Dodge St. Carl Hirsch, 532 E. 22nd Street John R. Hirsch, 206 W. 3rd Street Robert J. Kehl, 62 Locust St. James Klauer, 1646 Asbury. JoAnn H. Klauer, 11th & Jackson. Hazel Koeller, 2987 Jackson St. Beverly A. Larsen. 1701 Central Ave. Orville Murphy & Sam Friedman, 139 Locust St. David A. Parochettl, 2600 Dodge. Pride Service, 2175 Central. Pride Service, 280 Locust St. Riverside Bowl, 1860 Hawthorne. Neil Miller Inc., 629 Rhomberg Ave. John L. Savary, 827 Dodge St. W. S. Sheppiey Co" Dubuque Bldg. Shell Service Center, 3201 Central. Transcalle Inc.. 2260 J. F. K. Road. Raymond Tschiggfrie, 1190 Dodge St. Alice B. Weber, 1187 Iowa St. Passed, adopted and approved this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tem Stackis moved adop- tion of the resoiution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. RESOLUTION NO. 213-76 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; Regular Session, June 7, 1976 283 NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque Post #6 of the American Legion, Iowa Department 1306 Delhi St. Passed, adopted and approved this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Tully, Wertzberger. Nays-None. Abstain - Councilman Brady. Absent - Mayor Lundh. RESOLUTION NO. 214.76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to compiy with the State Law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque Post #6 of the American Legion, Iowa Department 1306 Delhi St. Passed, adopted and approved this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommeit CityCierk Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Tully, Wertzberger. Nays - None. Abstain - Councilman Brady. Absent - Mayor Lundh. RESOLUTION NO. 215.76 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 folldwing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Douglas Wayne Zickuhr, 1701 Asbury Road Passed, adopted and approved this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. RESOLUTION NO. 216-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to compiy with the Ordi- nances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. 284 Regular Session, June 7,1976 CLASS "B" BEER PERMIT Dougias Wayne Zickuhr, 1701 Asbury Road. Passed, adopted and approved this 7th day of June, 1976. Emil Stackis Mayor Pro Tem Thomas A. Tully Jr. Richard Wertzberger James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Pro Tem Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. At 8:56 P.M. Councilman Brady moved to go into Executive Session to discuss a Personnel Matter. Seconded by Mayor Pro Tem Stackis. Carried by the following vote: Yeas - Mayor Pro Tem Stack is, Councilmen Brady, Tully. Nays - Councilman Wertzberger. Absent - Mayor Lundh. Council reconvened in Regular Ses- sion at 9:38 P.M. There being no further business, Councilman Wertzberger moved to ad- joum this meeting to July 12, 1976, at 7:30 o'clock P.M. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Pro Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Leo F. Frommelt City Clerk Approved. .... 1976 Adopted ..........".,........ 1976 ,,""" " "". Councilmen Attest: """".""""". City Clerk Special Session, June 21, 1976 CITY COUNCIL OFFICIAL Special Session, June 21,1976. Council Mel at 7:30 P.M. (C.D.T.) Present - Mayor Lundh, Council- men Brady, Stackls, Tully, Wertz. berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called TO CON- DUCT PUBLIC HEARINGS ON VAR- IOUS TYPES OF ZONING ORDIN- ANCES, and acting upon such other business as may properly come before a Regular Meeting of the Council. At 7:31 P.M. Councilman Tully moved to go into Executive Session to discuss Caradco situation presented by Dubuque Industrial Coordinating Com- mittee, appointments to Five Flags Center Task Force and Personnel. Seconded by Councilman Wertzberger. I Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Council reconvened at 8:30 P.M. D.I.C.C. representatives Interests requested to continue to explore the Camdco situation. Mayor Lundh an- nounced the following appointments to Five Flags Center Task Force to serve in addition to Five Flags Central Commit- tee and Recreation Commission: David Schultz, coordinator, Randal J. Nigg, David Bonnett, Irvin Behr, Robert Brown, John Cody, Donald Deich, Dr. Paul Delong, Dennis Fleege, Mrs. Wm. Fuerste (Margaret), David Gilchrist, Arnold Honkamp, Ms. Barbara Hopp- mann, Deiroy Johnson, William Jones, Frank Licciardi, Walt Peterson, Frank McCauley, Sr. Mary Carolann Miles, David Miller, Mrs. Darryl K. Mozena (Terry). Mrs. James O'Brien (Pat), Gene Pierotti, Timothy Puis, Edward Rosen- ow, Floyd Rundle, Harold Sweet, Merlin Tanner, Thomas Voelker, Fred Wagner, Mrs. Carl Zak (Margaret). Thomas Graham, Jeff Whitehead, and John Goodman. Councilman Brady moved ratification of the appointments. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Mayor Lundh announced the ap- pointment of Floyd Whitney to the Community Development Commission representing Labor. Councilman Stack- is moved ratification of the appoint- ment. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Airport Commis- sion submitting minutes of their meet- ing of June 10,1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of ,Community Development Commission submitting minutes of their meeting of May 20, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of June 8, 1976, presented and read. Counciiman Stackis moved that the minutes be received and filed. Seconded by Councilmen Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Dock Commission submitting minutes of their meeting of May 19,1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of June 16, 1976, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Counciiman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Peoples Natural Gas advising of a rate increase on bills issued on and after July 23, 1976. pre- sented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the foi- lowing vote: 285 286 Special Session, June 21, 1976 Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Anne Reardon objecting to proposed Pay TV Channel and being used to replace Channel 11, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque County Historical Society complimenting the renovation of the first floor of the City Hall and it would now seem appropriate to remove the temporary office to per- mit beautification of the setting around City Hall, presented and read. Council- man Tully moved that the communica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Clarence C. Faust Jr. submitting names of two persons to meet with two councilmen to work out a compromise on the new Zoning Or- dinance relative to storage of Recrea- tional Vehicles, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Mayor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Mayor Lundh appointed Councilmen Brady & Stackis to assist with compromise. Communication of Bill Herrig of 2855 Brunskill supporting the proposed City Plan for orderly development by annex- ation, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Federa- tion of Labor relative to Mr. Floyd Whitney as a possible appointee to the Community Development Commission, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays ~ None. Communication of Five Flags Execu- tive Committee advising of architectur- al report on the multi-purpose audito- rium proposal and requesting it be placed on the ballot at a special referendum as soon as possible, presented and read. Councilman Wertzberger moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilman Brady, Stackis, Tully, Wertzberger. Nays-None. Mrs. F. Benjamin Merritt and Bob Runde spoke relative to the commu- nication, requesting approval of refer en- dum and suggesting date of August 17, 1976; Complete bond issue would be for $3.7 million. Councilman Stackis moved that the communication of Five Flags Executive Committee be received and filed and referred to the City Manager for proper proceedings and referendum be set for August 17, 1976. Seconded by Council- man Wertzberger. Carried by the- fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Teleprompter Corp. submitting financial statements for the year ending December 31, 1975, presented and read. Councilmen Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilman Brady, Stackis, Tully, Wertzberger. Nays-None. June 11, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has received the petition of Mr. Wiliiam Giese of Giese Company, hereto attached, requesting reinstatement of a zoning classification on their property comparable to that which existed prior to the adoption of the new Zoning Map in September, 1975. The property is located at the southeast and southwest corners of the intersection of East 30th Street and Elm Street in the City of Dubuque, Iowa. The subject properties are described as Lot 48 and Lot 49 of Glendale Addi- tion, and are zoned R-3 Residential and C-I Commercial on the current Zoning Map, but had been classified in the H-I Special Session, June 21,1976 287 Heavy Industrial District and L-I Light Industrial District prior to September, 1975. The Planning and Zoning Com- mission will review this petition at their meeting of June, 16th. Daniel Dittemore Deveiopment Planner Councilman Tully moved that the communication be referred to the Plan- ning & Zoning for proper proceedings. Seconded by Councilman Wertzberger. Carried by the foilowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque County advising of a public hearing to be heid on July 12th by the Board of Supervisors 'for the purpose of vacating portions of Elbow Street and Brunswick Street, presented and read. Councilman Wertzberger moved that the commu- nication be referred to the City Manager. Seconded by Councilmen Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. June 17, 1976 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Director, Water Superintendent, Health Department, and a list of claims paid for the month of May 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. June 16, 1976 To the Honorable Mayor and Members of the City Council I have approved the following bonds and certificates of insurance for filing and desire to have your approvai of same. SIDEWALK CONSTRUCTION BONDS Tri-State Paving Co. Bond No. IA 253634, $1,000 The Merchants Mutuai Bonding Co. to 7-29-77. Carl Blosch, Bond No. 55-54451, $1000 United Fire & Casualty to June 14, 1977. GENERAL LIABILITY POLICIES Interstate Power Co" Policy No. CE3381682A to 6-1-77 covering leased pollution control projects for the City of Dubuque. Swift Plumbing & Heating Co., The Ohio Casualty Insurance Co. to 5-20-77 Policy No. CAG 882552. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuily, Wertzberger. Nays - None. June 18, 1976 To the Honorable Mayor and City Council We have been notified by the State that the CETA II Program will continue through January 31,1977. Presently the City functions as a program agent for the state under CET A Title II and CET A Title V!. The Personnei Manager is attending a meeting tnday, June 18, in Des Moines to ascertain more details on the pro- gram for the upcoming seven months. It is our understanding that employees now under CETA VI may be transferred to the program CETA II. We further understand that $223,395 will be avail- able under CETA II in the period July I, 1976 through January 31, 1977. We believe there is merit in the City continuing to function as program agent for the CETA program for outside non-profit agencies and also for the City. Therefore, we would like to have the opportunity, at the regular council meeting on Monday, June 21 to explain details on the program for the suceeding seven months and the role that the City may play in the administration of this program. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Nays - Councilmen Brady, Wertz- berger. RESOLUTION NO. 217-76 Resolution authorizing the Mayor to sign a contract for the Adminis- tration and Operation 01 a Public Service Employment Program undar Title II 01 PL 93-203. WHEREAS, the Federal Government has enacted the Comprehensive Em- ployment and Training Act Title II and has made funds available to hire unem- ployed people; and 288 Special Session, June 21,1976 WHEREAS, the Governor of the State of Iowa, through the Office for Planning and Programming, has designated the City of Dubuque as a Program Agent; and WHEREAS, previously the City of Dubuque, in FY '76, has been allocated $78,602.00 under this program; and WHEREAS, additional funds in the amount of $223,395.00 have been al- located to the City of Dubuque for the purpose of extending the Public Service Employment Program in the communi- ty;and WHEREAS, it is required of the City, as Program Agent, to submit a modification of its present employment plan and contract with the Iowa State Office for Planning and Programming: NOW, THEREFORE, BE IT RE- SOLVED by the City Councii of the City of Dubuque, Iowa that the Mayor is authorized to sign the Contract for Public Service Em- ployment with the Iowa State Office for Planning and Programming. Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh . Mayor Thomss A. Tully Jr. Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Nays - Councilmen Brady, Wertzberger. Verbal request by the City Manager to discuss progress on annexation was considered. Mayor Lundh moved to Review Annexation and set into proper motion for discussion at a meeting to be held on Thursday, June 24; 1976. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Notice of Car Damage Claim of David G. Swan, in the amount of $237.00, as the result of his truck being struck from the rear on Highway 20 near St. Joseph Church due to a water condition on May 21, 1976, presented and read. Council- man Brady moved that the Notice of Claim be referred to the City Attorney for proper proceedings. Seconded by Councilmen Brady, Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Suit of Steven R. Faust, in the amount of $150,000., for personal injuries received as the result of a fall on city-owned property at Water Depart- ment Garage on December 19, 1975. presented and read. Councilman Brady moved that the Notice of Suit be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Suit of Betty Jean & Robert Thill, in the amount of $65,000., for personal injuries incurred by plaintiff as the result of a car-truck accident from accumulation of ice in the area of 2167 Central Ave. on January 16, 1976, pre- sented and read. Councilman Brady moved that the Notice of Suit be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Counciimen Brady, Stackis, Tully, Wertzberger. Nays-None. June 9, 1976 Honorable Mayor and Counciimen If you will recall on the 24th day of May, 1976, Mr. Tom Miller appeared before your Honorable Body for and on behalf of Fred Sievers doing business as Utiiity Service Associates in which Mr. Miller suggested that Mr. Sievers would furnish a list of all of the persons from whom he has collected payments for the Water Department in exchange for the City's undertaking to honor his collec- tions and agreeing to receive payments, in return from Mr. Sievers on their terms. I have reviewed this matter and find the following to be the fact that on the 16th day of July, 1971, the City of Dubuque directed a letter to Mr. Sievers advising him that he was no longer authorized to collect payments for the City of Dubuque, Iowa, Water Depart- ment and thereafter on two separate occasions notice was published in the newspaper in an ad form notifying the general public that payments were no longer to be made at Mr. Sievers' estab- lishment and that, thereafter, apparent- ly despite the foregoing, Mr. Sievers continued to hold himself out as being Special Session, June 21, 1976 289 authorized to accept payments from various consumers of their respective water biiis. It is the opinion of the City Attorney's office that the conduct of Mr. Sievers in holding himself out as an authorized payee for and on behalf of Dubuque Water Department was tantamount to a fraud in that he knew, or should have known, that his authority had been revoked and that he was no longer per- mitted or authorized to make such collections. The foregoing paragraph is to be especially noted in the light of the ex- isting practice by the water department in showing on the reverse side of the water bills where the bills may be paid. Accordingly, it is the position of the City Attorney's office that there is no legal excuse of justification to accept Mr. Sievers' proposal. I find no legal authority for the City to waive payments of the respective water bills. R. N. Russo City Clerk Attorney Tom Miller, representing Mr. Sievers, stated that Mr. Sievers was willing to give up stubs to Water Department. Turning over of bills was never meant as a trade-off. Councilman Brady moved that water shut-off notices continue to be sent and upon proper presentation of paid receipt at Water Dept. office of payments made to Utiiity Services, shut-off will be held in abeyance until further consideration by the Council. VOTE ON THE MO- TION WAS AS FOLLOWS; Yeas ~ Councilmen Brady, Stackis. Nays - Mayor Lundh, Councilmen Tully, Wertzberger. MOTION FAILED. Counciiman Tully moved that the communication of City Attorney be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Counciimen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to amending Zoning Ordinance No. 32-75 amending certain sections so as to clarify procedures for administration of Zoning reclassification requests and providing for circumstances in which public hearings may not be required, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber.at the time set for the hearing. Councilman Tully moved that the proof of publica- tion be received and filed. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Counciimen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 22-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE. IOWA", BY REPEALING SECTION 8-103.2 OF AR- TICLE VIII THEREOF AND ENACTING NEW SECTIONS 8-103.2, 8-103.3, 8-103.4, AND 8-103.5 OF ARTICLE VIII IN LIEU THEREOF, SO AS TO CLARIFY PROCEDURES FOR THE ADMINIS- TRATION OF ZONING RECLAS- SIFICATION REQUESTS. AND PROVIDING FOR CIRCUMSTANCES IN WHICH PUBLIC HEARING MAY NOT BE REQUIRED. said Ordinance having been previously presented and read at the Council meeting of May 24, 1976, presented for final adoption. Counciiman Stackis moved that the rule requiring an Or- dinance to be received and filed at two meetings prior to the meeting when final action is taken, he dispensed with. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 22-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY REPEALING SECTION 8-103.2 OF AR- TICLE VIII THEREOF AND ENACTING NEW SECTIONS 8-103.2, 8-103.3, 8-103.4, AND 8-103.5 OF ARTICLE VIII IN LIEU THERE OF, SO AS TO CLAR- IFY PROCEDURES FOR THE ADMIN- ISTRATIONOF ZONING RECLAS- SIFICATION REQUESTS, AND PROVIDING FOR CIRCUMSTANCES IN WHICH PUBLIC HEARINGS MAY NQT BE REQUIRED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, lown" be and the same is hereby amended by repealing Section 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 Article VIII in lieu thereof as follows: 290 Special Session, June 21, 1976 "ARTICLE VIII Section 8-103.2 Reclassification Procedures and Policies: Application for Reclassification: Any person may request a reclassification of property to another district, regardless of such per- son's interest in the property, by sub- mitting two copies of a completed "Request for Zoning Reclassification" form, together with the fee specified in Article X of this ordinance, to the Plan- ning and Zoning Department. The Department shall serve notice on the City Council of the pendency of such request. The Planning and Zoning Commission shall consider the request with due diligence. On finding the request to be inappropriate, the Com- mission may forthwith return a recom- mendation for denial to the City Coun- cil. The Commission may not recom- mend approval of any reclassification request which is found to be substantial in nature, as defined in Section 8-103.3, without first conducting n public hear- ing on such reclássification. Where a reclassificntlon request is not deemed substantial in natUre, the Commission may in its discretion, but shall not be required to, hold a public hearing there- on. The Commission shall hold a public hearing on any request when so direct- ed by the City Council. 8-103.3 For purposes of this ordi- nance, the following shall be considered substantial reclassification requests: 1) Any request which would result in the expansion in nrea of existing zoning district by more thnn twenty per cent (20%); or (2) Any request which would result in the creation of n new district which would not be contiguous to any other similarly-classified property; or 3) Any request involving the reclassificn- tion of more than two (2) acres of property; or 4) Any request for a Plnnned Unit Development District de- signntion, as provided in Section 4-110. Section 8-103.4 Commission Action: Following the public hearing, or if no hearing is held, then at any time fol- lowing receipt of the reclassification request, the Commission may act to recommend approval or disnpproval of the request. The affirmntive vote of at least five (5) Commission members shall be required to constitUte approval of a substantial zoning reclassification request as defined in Section 8..103.3, and any lesser number of affirmative votes shall constitute a disapproval of the request. A failure of the Commis- sion to consider a zoning reclassifica- tion request within 60 days following receipt of the request shall constitute Commission approval thereof. A recom- mendation of the Commission shall forthwith be transmitted to the City Council for its action. 8-103.5 Council Action: Following receipt of any recommendation of the Commission, or on finding that the Commission has not considered the request within the sixty (60) day limita- tion, the City Council may initiate final action on the request. A Commission recommendation for denial of a request may be approved by the Council with- out public hearing. 1f the Commission recommends approval of a request, the City Council shall act to hold its own public hearing on the requested reclas- sification, at which all interested par- ties shall have an opportunity to be heard. At least fifteen (15) days notice of the time and piace of such hearing shall be published in the newspaper of general circulntion in the City. Following the public hearing, the Council shnll act to adopt or reject the reclnssification request. 1n cases where the Commission has -recommended this disnpproval of the reclassification, the affirmative vote of at least three- fourths (J4) of the Council shall be required to enact the reclassification. Furthermore, in case of a protest against the reclassification request signed by the owners of twenty per cent (20%) or more either of the nrea of the lots included in such request, or ",those immediately adjacent in the rear there- of extending the depth of one lot or not to exceed two hundred feet (200') therefrom or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred feet (200') from the street frontage of such oppo- site lots, such requests shall not be enacted except by the favorable vote of at least three-fourths (J4) of the Coun- cil." Section 2. That the foregoing amendment hns heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. pnssed and adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Bra~y EmilStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Special Session, June 21, 1976 published officially in the Telegraph Herald Newspaper this 24th day of June, 1976. SUBSECTIONS 5(a) AND 5(c) OF SEC- TION 10-101 OF ARTICLE X IN LIEU THEREOF TO PROVIDE A CHANGE IN FEE STRUCTURE FOR RECLASSIFICA- TION OF PROPERTY. NOW THER- EFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Sac.tlon 1. That Ordinance No. 32- 75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by repealing subsections 5 (a) and 5 (c) of Section 10-101 of Article X thereof and enacting new subsections 5(a) and 5(c) of Section 10-101 of Arti- cle X in lieu thereof ns follows: ARTICLE X SCHEDULE OF FEES Sactlon 10-101 Scheaula 01 Fees 5. Requests for Reclassification of property: a. Requests to reclassify property located in the AG Agircultural District No fee for application, only direct costs incun-ed in hearing and notice requirements. c. All other substantial reclassifica- tion requests as defined in Section 8-103.3 $50.00 plus $10.00 for each acre or portion thereof not to exceed $100.00, plus direct costs incurred in hearing and notice requirements." Section 2. That the foregoing amendment has heretofore been ap- proved by the Planning and Zoning Commission of the City of Dubuque, Iowa. . Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Leo F. Frommelt City Clerk 116/24 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing, to amend Zoning 'Ordinance No. 32-75 to provide a change in fee struc- ture for reclassification of property, presented and read. No written objec- lions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 23-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY REPEALING SUBSECTION 5 (a) AND 5 (c) OF SECTION 10-101 OF ARTICLE X THEREOF AND ENACTING NEW SUB- SECTIONS 5 (a) AND 5 (c) OF SEC- TION 10-101 OF ARTICLE X IN LIEU THEREOF TO PROVIDE A CHANGE IN FEE STRUCTURE FOR RECLAS- SIFICATION OF PROPERTY, said Ordinance having been previously presented and read at the Council Meeting of May 24, 1976, presented for final adoption. Councilman Stackis moved that the ruie requiring an Or- dinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen ¡ Bradv. Stackis, Tully, Wertzberger I Nays-None. ORDINANCE NO. 23-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA" BY REPEALING SUBSECTIONS 5 (a) AND 5 (c) OF SECTION 10-101 OF ARTICLE X THEREOF AND ENACTING NEW ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of June, /976. Leo F. Frommelt City Clerk 1< 6-24 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- 291 292 Special Session, June 21, 1976 Special Session, June 21, 1976 ing to amend Zoning Ordinance No. 32-75 so as to reclassify three parcels of property lying in S'h of M. L. 453 of northwest intersection of Bonson & Asbury Road, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Wertzberger moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 24-76 I AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75 KNOWN AS THE "ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" SO AS TO RECLASSIFY THREE PARCELS OF HEREINAFTER DESCRIBED PROP. ERTY LYING IN THE SOUTH Y, OF MINERAL LOT 453 IN THE CITY OF DUBUQUE, IOWA, AT THE NORTH- WEST INTERSECTION OF BONSON ROAD AND ASBURY RDAD FROM AG AGRICULTURAL DISTRICT TO THE R-1, R-2, AND R-3 RESIDENTIAL DIS. TRICT CLASSIFICATIONS, said Ordinance having been previously presented and read at the Council Meeting of May 24, 1976, presented for final adoption. Councilman Stackis moved that the rule requiring an Or- dinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 24.76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", SO AS TO RECLASSIFY THREE PARCELS OF HEREINAFTER DESCRIBED PROPER- TY LYING IN THE SOUTH Y, OF MIN- ERAL LOT 453 IN THE CITY OF DUBUQUE, IOWA, AT THE NORTH- WEST INTERSECTION OF BONSON ROAD AND ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO THE R-1, R-2, AND R-3 RESIDENTIAL DIS- TRICT CLASSIFICATIONS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFDUBUQUE,IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the snme is hereby amended by Changing from "AG Agricultural District" classification, to "R-I Residential District" classification, the following described real estate, to wit: feet, more or less, to the point of beginning, in the City of Dubuque, Iowa, and containing 7 acres more or less. Section 3. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "AG Agricultural District" classfication to "R-3 Residential District" classification the following described real estate, to wit: Commencing, as the point of beginning, at the southwest corner of said Mineral Lot 453; thence North 0 degrees 14' 40" East 400 feet, more or less, on the west line of said Mineral Lot 453 to a point; thence South 86 degrees 46' 20" East 562 feet, more or less, to a point; thence South 3 degrees 13' 40" West 480 feet, more or less, to the northerly right-of-way line of the public highwny; thence North 83 degrees 26' 40" West 537 feet, more or less, to the west line of Lot 2 of Lot I of the West Half of the Northeast Quarter of snid Section 21; thence North 0 degrees 14' 40" East 40 feet, more or less, to the point of begin- ning, in the CIty of Dubuque, Iowa, containing 5.5 acres, more or less. Section 4. That the foregoing amend- ments have heretofore been approved I by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted nnd approved this 21st day of June, 1976 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Commencing, as the point of begin- ning, at the northwest comer of the South Half of said Mineral Lot 453; thence South 88 degrees 09' 30" East 810 feet, more or less, on the north line of the South Holf of said Mineral Lot 453 to a point; thence South 03 degrees to 13' 40" West 570 feet, more or less to a poInt; thence South 79 degrees East 470 feet, more or less to a poInt; thence South four degrees 54' 10" West 40 feet, more or less, to a point; thence South 3 degrees 13' 40" West 825 feet, more or less to a point on the northerly right-of-way line of the public highway; thence northwes- terly 670 feet, more or less, on the northerly right-of-way line of the public highway to a point; thence North 3 degrees 13' 40" West 480 feet, more or less, to a point, thence North 86 degrees 46' 20" West 562 feet, more or less, to the west line of the South Half of Said Mineral Lot 453; thence North 0 degrees 14' 40" Enst 920 feet, more or l£ss, to the point of beginning, in the City of Dubuque, Iowa, and containing 27.5 acres, more or less. Section 2. That OrdInance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "AG Agricultural District" classification to "R-2 Residential District" classification the following described real estate to wit: Commencing, as a point of reference, nt the northwest comer of the South Half of said Mineral Lot 453; thence South 88 degrees 09' 30" East 810 feet, more or less, on the north line of the South Half of said Mineral Lot 453 to the point of beginning of the tract of land herein described: thence continuing South 88 degrees 09' 30" East 482 feet, more or less to a point; thence South 4 degrees 54' 10" West 648 feet, more or less to a point; thence North 79 degrees West 470 feet, more or less to a point; thence North 3 degrees 13' 40" East 570 ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th dny of June, 1976. Leo F. Frommelt City Clerk 11.6-24 Counciiman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing so as to zone and classify territory recently annexed in Henschel's Bláck Forest in an R-2 Residential District, presented and read. No written objec- tions were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of pub- lication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays-None. ORDINANCE NO. 25-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA, IN HENSCHEL'S "BLACK FOREST" IN AN R-2 DIS- TRICT, WHICH REAL ESTATE IS HER- EINAFTER DESCRIBED, said Ordinance having been previously presented and read at the Council Meeting of May 24, 1976, presented for final adoption. Councilman Stackis moved that the rule requiring an Or- dinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 25-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", WHICH AMENDMENT SHALL ZONE AND CLASSIFY TERRITORY RECENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA IN HENSCHEL'S "BLACK FOREST" IN AN R-2 DIS- TRICT, WHICH REALESTATE 15 HER- EINAFTER DESCRIBED, WHEREAS, the real estate herein- after described was recently annexed to, and became part of the City of Dubuque, Iowa, by Resolution No. 175-76 of the City Council, passed, ap- proved and adopted at its meeting of May 24. 1976. WHEREAS, the Planning and Zoning 293 294 Special Session, June 21,1976 Commission of the City of Dubuque Iowa, has approved and recommended that said tenitory recently annexed and hereinafter described be zoned and classified as an "R-2 Residential District" NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa", be and the same is hereby amended by zoning and classifying recently annexed territory hereinafter described, as an "R-2 Residential District", to wit: "Lot 2 of Henschel's "Black Fo- rest", In Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof and consisting of 0.06 acres more or less." Section 2. That said territory be nnd the same shall be in and become part of the Thirteenth Voting Precinct of the City of Dubuque, Iowa. Pnssed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger Jnmes E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 25th day of June, 1976. Leo F. Frommelt City Clerk It 6/25 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of City Manager submitting an Ordinance creating the office of Public Works, presented and read. Councilman Stackis moved that the communication be tabled to the Council Meeting of July '6, 1976. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully Wertzberger. Nays-None. AN ORDINANCE creating the office of Director of Public Works, Providing the qualifications of said Office and the appointment of a Director of Public Works, presented and read. Councilman Stackis moved that the Ordinance be tabled to the Council Meeting of July 6, 1976. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - MaY9r Lundh, Councilmen Brady, Stackis, Tùlly, Wertzberger. Nays-None. ORDINANCE NO. 26-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A- NEW SUBSECTION 112 TO SCHEDULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON BOTH SIDES OF SECOND STREET FROM BLUFF STREET TO THE ALLEY. EAST, presented and read. Councilman Stack- is moved that the reading just had be considered the first reading of the Or- dinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, 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 dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 26-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 112 TO SCHEDULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON BOTH SIDES OF SECOND STREET FROM BLUFF STREET TO THE ALLEY, EAST, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Special Session, June 21, 1976 295 Dubuque Iowa", as amended, be and the same is hereby amended by enacting a new Subsection 112 to Schedule VI thereof as follows: "Schedule VI. 112. Both sides of 2nd Street from Bluff St. to the alley, east." Passed, approved nnd adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ORDINANCE NO. 27-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 10 TO SECTION E SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND VEHICLES MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BLUFF STREET AND WEST 12th STREET, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sactlon 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, be and the same is hereby amended by adding a new Sub- section 10 to Section E of Schedule III thereof as follows: "Schedule III. E. East Bound vehicles must stop before entering the intersection of: 10. Bluff Street and West 12th Street." Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of June, 1976. Leo F. Frommelt City Clerk It 6-24 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of June 1976. ORDINANCE NO. 27-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED, BY ADDING A NEW SUBSECTION 10 TO SECTION E SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND VEHICLES MUST STOP BEFORE ENTERING THE IN- TERSECTION OF BLUFF STREET AND WEST 12th STREET, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. It 6-24 Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. ORDINANCE NO. 28-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 66-70 BY ADDING A NEW SECTION 20 THERETO TO PROVIDE THAT THE PROCEEDS FROM FEES CHARGED SHALL FIRST BE USED TO PAY DISPOSAL FEES TO DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seeonded by Councilman Brady. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. 296 Special Session, June 21, 1976 Special Session, June 21,1976 Nays - None. Councilman Stackis moved that the ruie requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 28-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 66-70 BY ADDING A NEW SECTION 20 THERETO TO PROVIDE THAT THE PROCEEDS FROM FEES CHARGED SHALL FIRST BE USED TO PAY DISPOSAL FEES TO DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 66-70 be and the same is hereby nmended by adding a new Section 20 thereto, as follows: "Section 20. The proceeds from the fees charged shall be used first of all to pay the disposnl fees to Dubuque Metropolitan Area Solid Waste Agency which are payable by the City of Dubuque, Iowa to said Agency pursuant to and in accor- dance with one certain Service Agreement entered into by and between Dubuque Metropolitan Area Solid Waste Agency and the City of Dubuque, Iowa, dated the 19thdayofApril,1976." Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. James E. Brady Emil Stackis Richard Wertzberger Counciimen ATTEST: Leo F. Frammeit City Clerk Published officially in the Telegraph Herald Newspaper this 23rd day of June, 1976 Leo F. Frommelt City Clerk It 6-23 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Richard Schiltz requesting permission to install street lights in Keystone Drive, presented and read. Councilman Wertzberger moved that the petition be received and filed and request approved. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition ofTom Auge et al (23 signers) requesting Council to take the neces- sary steps to improve the water pressure in Fulton St., King St., Greeley St. & Monroe St. area, presented and read. Tom Auge addressed the Council relative to the petition. Councilman Tully moved that the petition be referred to the City Manager and the Water Superintendent. Second- ed by Councilman Wertzberger. Carried by the following vote: Ye.. - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Northwestern Bell Tele- phone Co. requesting permission to ex- cavate at 22nd & Central to place buried telephone cables, presented and read. Councilman Wertzberger moved that the request be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Alice B. Weber requesting a refund of $75.00, on the unexpired portion of Beer Permit for Emma Scherer, presented and read. Council- man Stackis moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Dubuque County Repub- lican Central Committee requesting permission to sell non-alcoholic bever- ages in the Town Clock area during the Bi-Centennial Activities from II A.M. to 5:30 P.M. on June 26, 1976, presented and read. Councilman Tully moved that the request be approved subject to coordination of the Manager. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully. Nays - Councilman Brady. 297 Abstain - Councilman Wertzberger. Petition of Powers Land Co. request' ing permission to install six street lights in Asbury Springs Sub. #2, present- ed and read. Councilman Stackis moved that the petition be received and filed and request be approved. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Mrs. Louis Brown et al (16 signatures) requesting the installation of a street light between Needham and Prospect Streets, presented and read. Councilman Tully moved that the peti- tion be received and filed and request be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of General Revenue Sharing Planned Use Report in anticipation of a revenue sharing payment of $465,925., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing for Amendment of Current City Budget to cover additional expenses for CETA and Five Flags Operation, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Tully moved that the proof of publica- tion be received and filed. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas- Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 218-76 A Resolution amending the current Budget for the Fiscal Year anding June 30, 1976 (as amended last on Sep- tember, 1975.) BE IT RESOLVED b¡¡;.the Council of the City of Dubuque, Iowa: Section 1. Following notice published June 10, 1976, and the public hearing heid June 21, 1976, the current budget (as previously amended) is amended as set out herein: Sactlon 2. The cash balances and revenues estimates are amended as follows: General Fund, new total revenue es- timate, $5,306,455. Sacllon 3. The following changes (transfers of appropriations between programs, and increases in total appro- priations) are hereby authorized: Human Development Program, Change Appropriation from $1,733,200 to $1,842,481. Passed this 21st day of June, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk I hereby certify the above transac- tions to be a true copy of the proceed- ings of the city council and the resolu- tions passed in the above matter, June 21,1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Time and Place of Hearing to dispose of City owned Real Estate to Dubuque Met- ropolitan Area Solid Waste Agency Board, presented and read. No written objections were filed and no oral objec- tors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 219-76 WHEREAS, pursuant to Resolution and published notice of time and piace of hearing, published in the Telegraph Herald, a newspaper of general circula- tion published in the City of Dubuque, Iowa on June 10, 1976, the City Council of the City of Dubuque, Iowa met on the 21st day of June. 1976 at 7:30 o'clock P.M. (C.D.T) in the City Council Chambers, City Hali, Dubuque, Iowa to consider the proposal to dispose of in- 298 Special Session, June 21, 1976 terest of the City of Dubuque, Iowa in and to real estate, hereinafter described, which it had acquired for solid waste landfill purposes to Dubuque Met- ropolitan Area Solid Waste Agency; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the herein- after described real estate to Dubuque Metropolitan Area Solid Waste Agency; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of inter- est of the City of Dubuque, Iowa of lts interest in and to: E % of the SE%. of NE%.; and the NE%. of the SE%. of Section I, Township 88 North, Range 1 East of the 5th P.M. in Vernon Township; and the NE%. of NW%.; Lot 1 ofSE%. of NW%., NW'4 of NW%.; and SW%. of NW%. of Section 6, Township 88 North, Range 2 East of the 5th P.M. in Table'Mound Township all in Dubuque County, Iowa to Dubuque Metropolitan Area Solid Waste Agency for the total sum of $309,419.83 be and the same is hereby approved, that an abstract of title will be furnished, the costs of publication will be paid by the City of Dubuque, Iowa and conveyance will be Quit Claim Deed. Section 2. That the Mayor and the City Clerk be and they are hereby au- thorized to execute said deed of con- veyance and the City Clerk be and he is hereby directed and authorized to deliver said deed of conveyance of the above described real estate to the here- inabove mentioned grantee upon receipt of the purchase price. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque County Recorder. Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man TUllY. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Finding on the Environmental Projects to be un- dertaken under Title 1 of Housing and Community Development Act, present- ed and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. June 10, 1976 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque San Jose Pool Parking Lot and sidewalk has been completed in accor- dancè with the City of Dubuque Plans and Specifications. I, therefore, recommend the accep- tance of the above named project. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. FINAL ESTIMATE RESOLUTION NO. 220-76 WHEREAS, the contract for the San Jose Pool Parking Lot has been com- pleted and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $21,510.62. That none of the cost thereof shall be assessable upon private property and $21,510.62 shall be paid from the Com- munity Development Fund of the City of Dubuque. - Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Special Session, June 21,1976 ATTEST: Leo F. Frommelt City Clerk councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 221.76 WHEREAS, the contract for the San Jose Pool Parking Lot and Sidewalk has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Community Development Fund in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 21st day of June, i976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk .Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the foi- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. June II, 1976 To the Honorable Mayor and City Council This is to advise you that the South Dubuque Interceptor Sanitary Sewer has been substantially completed in accordance with plans and specifica- tions by Tschiggfrie Excavating of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Tully moved that the 299 communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. FINAL ESTIMATE RESOLUTION NO. 222-76 WHEREAS, the contract for the con- struction of South Dubuque Interceptor Sanitary Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $266,779.86. That none of the cost thereof shall be assessable upon private property and $266,779.86 shall be paid from the Sani- tation Fund of the City of Dubuque. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (A Resolutloo Accepting Improvement) RESOLUTION NO. 223-76 WHEREAS, The contract for the construction of South Dubuque Inter- ceptor Sanitary Sewer has been com, pleted and the City Manager has ex- amined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Coun. cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted- BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Fund for the above de- 300 Special Session, June 21,1976 scribed improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None, Proof of Publication, certified to by the publisher, of Notice to Contractors of the Receipt of Proposals for Demoli- tion and Removal of the Naval Reserve Buildings and Garage, presented and read, Councilman Stackis moved that the proof of publication be received and filed, Seconded by Mayor Lundh. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzbérger. Nays-None. June 16, 1976 Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 a.m., Wednesday, June 16, 1976 for the demolition and removal of the Naval Reserve Buildings and garage. The lowest bid entered was entered by Phil- lip Mihalakis, 1575 Maple Street, Dubuque, Iowa. Their bid was 78% under the estimate. I recommend that the contract for the improvement be awarded to Phillip Mihalakis. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation approved. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. (Awarding Contract) RESOLUTION NO. 224-76 WHEREAS, sealed proposals have been submitted by contractors for the Demolition and removal of the Naval Reserve Buildings and garage on Volunteer Drive. pursuant to Resolu- tion No. 187-76 and notice to bidders published in a newspaper published in said City on May 28, 1976 and June 4, 1976; and WHEREAS. said sealed proposals were opened and read on June 16, 1976, and it has been determined that the bid of Phillip Mihalakis ofDubuque, Iowa in the amount of $2,450.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions; now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Phillip Mihalakis and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger JamesE.Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for Con- struction of Glenwood Court Storm Sewer, presented and read. Councilman Tully moved that the proof of publica- tion be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. June 16, 1976 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m" Special Session, June 21, 1976 301 C.D.T., Wednesday June 16, 1976 for the Glenwood Court Storm Sewer. The low bid was submitted by Tschiggfrie Excavating Company of Dubuque, Iowa, with a bid of $13,036.28. This bid is 1.23% over the Engineer's Estimate. I recommend that the contract for the storm sewer be awarded to Tschiggfrie Excavating Company of Dubuque. Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed and recommendation be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Awarding Contracl) RESOLUTION NO. 225-76 WHEREAS, sealed proposals have been submitted by contractors for the Glenwood Court Storm Sewer pursuant to Resolution No. 190-76 and notice to bidders published in a newspaper pub- lished in said City on May 28, 1976 and June 4,1976; and WHEREAS, said sealed proposals were opened and read on June 16, 1976 and it has been determined that the bid of Tschiggfrie Excavating Company of Dubuque, lAin theamountof$13,036.28 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore. BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Tschiggfrie Excavating Company and the Manager be and he is hereby directed to execute .. contract on behalf of the City of Dubuque forthe complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and in- structed to return the bid deposits of ihe unsuccessful bidders. Passed and adopted this 21st day of june, 1976. Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: . Yeas - Mayor Lundh, Councilmen Brady. Stackis, Tully, Wertzberger. Nays - None. . RESOLUTION NO. 226-76 Authorizing the execution of a Community Davalopment Block Grant Agreement with Iha U.S. D_rtment of Housing end Urban Davelopmant WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, the City of Dubuque prepared and submitted an application for a Community Develop- ment Block Grant; and WHEREAS, the application has been approved for the City of Dubuque in the amount of $536,000 for a twelve month program period beginning July I, 1976; and WHEREAS, a grant agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has been tend- ered the City of Dubuque; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development on June 9, 1976, for Dubuque's second year Community Development Block Grant Program is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby author- ized and directed to execute a Com- munity Deveiopment Block Grant Pro- gram agreement identified as Grant Agreement B-76-MC-19-0004 for sub- mission to the U.S. Department of Community Development. Passed, approved and adopted this 21st day of June, 1976 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 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 resoiution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ATTEST: Leo F. Frommelt City Clerk 302 Special Session, June 21, 1976 RESOLUTION NO. 227-76 Fixing the date 01 the Public Hear- Ing lor Neighborhood Im- provement Plans lor certain Com- munity Development Project Areas WHEREAS, pursuant to Chapter 403 of the Code of Iowa, as amended, Neighborhood Improvement Plans have been prepared for certain Community Deveiopment Project areas; and WHEREAS, Section 403.5 of Code of Iowa, as amended provides that the Local Governing Body shall hold a pub- lic hearing 00 a Community Develop- ment Project (urban renewal project) prior to the approval of such a project; now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City Clerk is hereby authorized and directed to pub- lish a Notice of Hearing in the form of Exhibit "A" attached hereto and made a part hereof for the following identified Community Development Projects. Washington Street Neighborhood Fourth Street Neighborhood Eleventh Street Neighborhood North Dubuque Neighborhood (Area 2A) Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" NOTICE OF HEARING Proposed Community Development Projects. Nottce is hereby given in accordance with Section 403.5 of the Code of Iowa, as amended, that a public hearing will be conducted by the City ofDubuque on the following proposed Community Development Projects. Washington Street Neighborhood Fourth Street Neighborhood Eleventh Street Neighborhood North Dubuque Neighborhood (Area 2A) The public hearing will be held in City Council Chambers, City Hall, 13th and Central Avenue, Duhuque, Iowa at 7:30 PM on the 6th day of July 1976. All property owners shall take notice that the above identified projects in- clude the areas bounded as follows: Washington Street Neighborhood Beginning at comer of II th Street and Central Avenue, then east to Elm Street, then north to 14th Street, then east to Sycamore Street, then north to 16th Street, then west to Elm Street, then north to 20th Street, then west to Cen- tral Avenue, then south to lith Street. Fourth Street Neighborhood Beginning at corner of Dodge and Bluff Streets, then east to Iowa Street, then north to First Street, then west to the alley lying between Main and Iowa Streets, then north to Fourth Street, then west to Locust Street, then north to Ninth Street, then wast to Prospect 'Street'as extended, then south to Dodj!e and Bluff Streets. Eleventh Street Neighborhood Beginning at corner of Bluff and Ninth Streets. then north ot 14th Street, then west to Alia Vista Street, then south to University Avenue, then east to Bluff Street. North Dubuque Neighborhood (Area 2A) Beginning at comer of 20th Street..oð Central Avenue, then east to Elm Street, then north to 22nd Street, then east to Pinard Street as extended, then north to 27th Street, then west to Central Ave- nue, then south to Diagonal Street, then west to Broadway Street, then south to 24th Street, then east to Central Ave- nue. then south to 23rd Street, then west to North Main Street, then south to 22nd Street, then east to Central Ave- nue, then south to 20th Street. The purpose of this public hearing is to consider a proposal for the undertak- ing by the City of Dubuque, Iowa, of Community Development Projects under Chapter 403 of the Code of Iowa, as amended, with Community Develop- ment Block Grant funds and other fi- nancial assistance as available, to carry out plans for a program of rehabilitation and emergency repair of buildings, together with the provision of physical public improvements and limited acqui- sition which may be necessary to sup- port rehabilitation activities. Any person or organization desiring to be heard will be given an opportunity to be heard at such meeting. Materials are available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa, and at the office of the Department of Community Develop- ment, 480 Fischer Building, Dubuque, Iowa, between 8:00 AM and 5:00 PM, Special Session, June 21,1976 except Saturdays, holidays. Sundays 303 Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 228.76 Authorizing Submission 01 aRe. quest for Release of Funds lor certain Community Development Block Grant Projects WHEREAS, the City of Dubuque in conformance with the Environmental Review Procedures for the Community Develoþment Block Grant Program .convened an ad hoc committee on March 4, 1976 and completed an Envi- ronmentai Assessment of a proposal (project) to purchase cleared land in the ~::n~~~~ w~;~~no:~~~';;~16:~~70c;: ment Block Grant funds: and WHEREAS, pursuant to Resolution No, 72-76 adopted March 8,1976, Public Notice of a "Finding of no significant effect on the environment" for the proposal (project) was published March 9, 1976, in the Dubuque Telegraph Her- ald, a newspaper of general circulation, and provided for a public comment per- iod until 12:00 Noon, Wednesday, March 31,1976; and WHEREAS, the City of Dubuque also convened an ad hoc committee on May 19, 1976, and completed an Environ- mental Assessment of the following identified proposals (projects). Avon Park Acquisition and Development Removal of architectural barriers which impede the mobility of the elderly and handicapped in the downtown area Restoration and Reconstruction of 11 th Street Steps Construction of Steps in Jefferson Park; and WHEREAS, pursuant to Resolution No. 182-76 adopted May 24, 1976, Public Notice of a "Finding of no significant effect on the environment" for the proposals (projects) was published May 25, 1976, in the Dubuque Telegraph Herald, a newspaper of general circula- tion, and provided for a public comment and I period until 12:00 Noon, Friday, June 18, 1976; and WHEREAS, Public Notice of a "Find- ing of no significant effect on the envi- ronment" for the proposais (projects) was sent by regular 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 objections, if any, to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified projects, now therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Environmental Review Record for each of the proposals (projects) shall continue to remain on file in the Office of the City Cierk, where said records may be. examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment on the 30th day of June, 1976, a request for release of funds to undertake the said Projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consènt to assume the status of a re- sponsible Federal official under the Na- tional Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development's respon- sibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environ- mental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized 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, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby au- thorized and directed to execute a Certification pertaining to the envi- ronmental review procedures. 304 Special Session, June 21,1976 Section 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis , Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the Environmental Review Procedures for the Community Development Block Grant Program, the City ofDubuque intends to file a request on June 30, 1976, for Release of Funds for Certification of the following Iden- tified projects to be undertaken with funds made available under Title I of the Housing and Community Development Act ofl974. Purchase of cleared land in the Downtown Urban Renewal Project, Iowa R-15, by the City of Dubuque Avon Park Acquisition and Development Removal of Architectural Barriers which impede the Mobility of the Elderly and Handicapped in the Downtown area Restoration and Reconstruction of Eleventh Street ~teps Construction of Steps in Jefferson Park The City of Dubuque has made an Environmental Review Record for the projects, and has placed these records on file in the Office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa, where said records 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 22nd day of JulY'. 1976. The name of the applicant is the City of Dubuque, Iowa, and the Chief Ex- ecutive Officer of the applicant is Mayor Alvin E. Lundh. The mailing address for both the applicant and the Chief Ex- ecutive Officer is City Hall, 13th and Iowa, Dubuque, Iowa. The City of Dubuque will undertake the projects described above 'with Block Grant funds from the U.S. Department of Housing and Urban Development (HUD), under Title I of the Housing 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 juris- diction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satis- fied. The legal effect of the certification is that upon its approval, the City of Dubuque may use the Block Grant funds and HUD will.have satisfied its responsibilities onder the NatiO'llal En- vironmental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases: (a) That the certifica- tion'was not in fact executed by the Chief executive officer or other officer of applicant approved 'by HUD; or (b) that applicant's environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environ- mental review process. Objections must be prepared and submitted in accor- dance with the required procedure (24 CFR Part 58), and m'I,Y be addressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds oh bases other than those stated above will not be considered by HUD. No objection received after the 22nd da.v of July, 1976, will be considered by HUD. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. June 17,1976 Honorable Mayor and Councilmen City Hall The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Lots I through 20 of Block 16 of "Sunrise Heights" Subdivision in the City of Dubuque, Iowa. The Commission has found the plat to be in conformance with the approved preliminary plat and the Subdivision Regulations of the City of Dubuque, Iowa, and recommends your favorable consideration of Lots I through 20 of Special Session, June 21, 1976 305 Block 16 of "Sunrise Heights" Subdivi- sion subject to compliance with requirements of the City Engineering Department. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 229.76 Resolution epprovlng the Plat of Block 16 In "Sunrise Heights" In the City 01 Dubuque WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 16 in "Sunrise Heights" in the City of Dubuque, Iowa, by James H. Richard and Darlene H. Richard: and WHEREAS, upon said plat appear streets to be known as Boyer Street and Cottonwood Court, together with cer- tain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Boyer Street and Cottonwood Court, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 16 in "Sunrise Heights" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Boyer Street and Cot- tonwood Court with bituminous con- crete, or with concrete paving with integral curb, all in accordance with City of Dubuque 'standard spe- cifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where di- rected by the City Engineer and the City Manager; 1. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque. Iowa; h. To provide the foregoing construc- tion and maintenance at the solo ex- pense of the Subdivider, James H. Richard and Darlene H. Richard, as owner; i. To construct said improvements, except sidewalks, prior to May I, 1978, and to construct the sidewalks prior to May I. 1980; and further provided that said James H. Ri~hard and Darlene H. Richard, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event James H. Richard and Darlene H. Richard, shall fail to execute the acceptance and fur- nish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the accep- tance of the dedication and approval of the plat shall oot be effective. Passed, adopted and approved by un- animous recorded roll call this 21st day of June, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 306 Special Session, June 21,1976 Special Session, June 21, 1976 ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 229-76 We, the undersigned James H. Rich- ard and Darlene H. Richard having read the terms and conditions of the forego- ing Resolution No. 229-76 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 30th day of June, 1976. - . James H. Richard Darlene H. Richard TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 229-75 has been furnished by the owners. Dated at Dubuque, Iowa, this 1st day of July, 1976. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved adoption of the resolution. Seconded by Couocilman Stackls. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Planning and Zoning Commission recommending ap- proval of plat of Block 6 of Arbor Oaks Subd., presented and read. Councilman Stackis moved that the communication be referred to the City Engineer and City Solicitor. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None, A RESOLUTION approving the plat of Block 6 in Arbor Oaks Subd., pre- sented and read. Councilman Stackis moved that the communication be referred to the City Engineer and City Solicitor. Seconded by Councilman Wertzherger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. June 18, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed Lots I through 16 of Block I of "Birch Acres", in the City of Dubuque, Iowa. The sub- ject property lies on the north side of Kelly Lane at its intersection with Fremont Avenue. The Commission has determined that the plat is in conformance with the Subdivision Regulations of the City of Dubuque, Iowa, and recommends your favorable consideration of the final plat of Lots I through 16 of Block 1 of "Birch Acres". dorse the approval of the City upon said plat. Passed, adopted and approved this 21st day of June, A.D., 1976 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Counciimen Brady, Stackis, Tully, Wertzberger. Nays-None. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays_None. Councilman Wertzberger moved that Planning & Zoning be instructed to look as to zoning in the Fremont area, ob- ject in mind of problems which maybe created in the area other than single family. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 231-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Charles Adams, 20th and Jackson Street Dubuque Post No.6, American Legion, 1306 Delhi Street Aquinas Institute School of Theology, 2570 Asbury Road Robert Beidler. 1122 Dodge Street Big "G" Steak House Inc. Plaza 20 William Hancock, 2205 Carter Road Birch Oil Co.. 1281 Dodge Street Brian J. Vincent, 3305 Asbury Road William C. Brown Publishers, 2460 Kerper Blvd. Bunker Hill Pro Shop, Bunker Hill Road Burger King No. 1100, 1350 John F. Kennedy Road Carousel Snack Bar, 555 John F. Ken- nedy Road Edward Bailey, 1298 Main Street James Kachevas, 665 Dodge Street Richard J. Barton, 1450 Loras Blvd. Dubuque Mining Co., 555 John F. Ken- nedy Road Dubuque Marina Inc., New City Harbor Donald Plumley, 5th and Locust Dave Powers Ford Inc.. 3600 Dodge Street WiUiam F. Dunne, Jones and Locust Streets Elks Lodge No. 297. 2699 John F. Kennedy Road RESOLUTION NO. 230-76 RESOLUTION Approving Plat of Lots 1 through 16 01 Block 1 In "Birch Acres" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of "Birch Acres" in the City of Dubuque, Iowa is platted as: Lots 1 through 16 of Block 1 in "Birch Acres" in the City of Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commission and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. The above described plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- Ray Fleckenstein, 3275 Central Avenue Anthony Habeger, 9th and Central Avenue Holiday Inn Motel, 11 I I Dodge Street James Lange, 2600 Dodge Street Knights of Columbus, 781 Locust Street Kwik Food Texaco Station, 1075 Dodge Street Loras College, 1450 Aita Vista Street Marco's Italian & AmerIcan Foods, 2022 Central Avenue Bert HiUary, 1413 Rockdale Road Nachtman Tire Co., 7th and Bluff Street Nesteby Mobil ServIce, 3200 Central Avenue Ponderosa Steak House, 2035 John F. Kennedy Road Michael F. Pusateri, 2560 Dodge Street Ramada Inn Motel, U.S. 20 at Mercer Drive Randall's Foodarama, 2600 Dodge Street Ring's Fine Food Restaurant Inc., 1185 Dodge Street Roshek's Dept. Store, 555 John F. Ken- nedy Road Sears Roebuck & Co.. 300 South Locust Street Donna Ginter. 342 Main Street Stampfer's Dept. Store, Town Clock Plaza Francis J. Shanahan, 2501 Rhomberg Avenue Sunny Crest Manor, 2375 Roosevelt Street Thelma Lenstra, 410 West 8th Street Rita Schueller, Town Ciock Plaza Tri-State Truck Center, 380 East 4th Street Jack Siefker, 1081 University Avenue Villiage Inn Restaurant, 1940 John F. Kennedy Road Woolworth's, 555 John F. Kennedy Road Zayre Snack Bar, 255 John F. Kennedy Road Andresen's United, 229 8th Avenue John C. Andresen, 555 John F. Kennedy Road Thomas E. Andresen, 1080 University Avenue George K. Arvanitis, 1958 Central Avenue A. Y. McDonald Mfg. Co., 12th and Pine Streets Theodore C. Bartmann, 450 West Locust Street Daniel W. Bauer, 351 Dodge Street Robert L. Becker, 2418 Central Avenue Beecher Co., Inc., 2399 White Street Beecher Co., Inc., 1691 Asbury Road Bishop Suburban Buffet of Dubuque, 555 John F. Kennedy Road Cremer's Grocery Co., 131 Rhomberg Avenue 307 308 Special Session, June 21,1976 Special Session, June 21, 1976 Creslanes Bowling Inè., 255 South Main Street Rudolph W. Dittmar, 1646 Asbury Road Donovan's Food Market, 1876 Central Avenue : Dubuque Zephyr, U.S. 20 and J.F. Ken- nedy Road Victoria Ellis, 120 W. 4th Street Adelia A. Ferring, 385 East 13th Street Grandview Drug, Inc., 486 North Grandview Avenue John J. Heiderscheit, 1278 Central Avenue LaVern Hennen, 3300 Asbury Road Holiday Oil Dist. Inc., 1685 John F. Kennedy Road Holiday Oil Dist. Inc., 980 Dodge Street Holiday Oil Dist. Inc., 1401 Central Avenue Holiday Oil Dist. Inc.. 605 Dodge Street HÕliday Oil Dist. Inc., 400 Rhomberg Avenue Robert and Laverna Karr, 31 Locust Street Gerald C. Kirchberg, 3203 Jackson Street Kopple Market Inc.. 1098 University Avenue Elizabeth Krajnovich, 481 Locust Street Leonard Oil Co., 1387 Dodge Street Marc's Big Boy-Dubuque, Plaza 20 Shopping Center Herman Meyer, 3350 Pennsylvania Avenue Shirley Mihalakis, 574 East 16th Street Nabors Drug No.4, 1920 Elm Street Albert J. Ney and Dolores Roeth, 6th and Central Avenue James L. Norton, 902 Main Street Thomas M. Astgen, 1101 Rhomberg Avenue Ralph J. Grabow, 1050 University Avenue Vivian Heinz, 3301 Pennsylvania Avenue Thompson's Food Markets No.1, 250 West 1st Street Earl E. Schumacher, 2204 Central Avenue Will-Co.. Inc. 805 West 5th Street Thompson's Food Market No.6, 1250 Iowa Street Thompson's Food Market No.9, 51 West 32nd Street Thompson's Food. Market No. 15, 1545 S. Grandview Avenue William O'Neill, 55 Locust Street Osco Drug Inc. No. 849, 703 Main Street Thelma Paradiso, 3050 Asbury Road Pizza Hut, 2075 John F. Kennedy Road Joseph Reisdorf, 601 Rhomberg Avenue Patricia Revelie, 2776 Jackson Street Paul W. Schollmeyer, 176 Locust Street Albert J. Schulte, 1875 University Avenue Melvin A. Spiegelhalter, 1029"1 Main Street Earl Tegeler, 2311 Windsor Avenue Allen C. Tressel, 2528 Central Avenue Wareco System of Iowa. 700 Rhomberg Avenue Heron Inc., 709 University Avenue Welsh Enterprises Inc., 620 South Grandview Avenue Chuck N. Wong, 378 Main Street Eileen Wunder, 1046 Central Avenue William Allendorf, 125 West 9th Street Birch Oil Co.. Inc., Jones and Locust Streets Rita Clancy, 201 East 22nd Street Country Kitchen, 3187 University Avenue D.B.Q. Inc., 4th and Locust Streets Dubuque Golf and Country Club, 1800 Randall Place Dubuque Municipal Airport, Table Mound Lorraine Fransen, 1100 Lincoln Avenue Imperial Lanes, Inc., 3505 Stoneman Road Nicholas J. Kass, 500 Rhomberg Avenue Donald Kies, 2620 University Avenue Lonas Inc.. 620 East 16th Street Kenneth Jerome Love, 802 Central Avenue Michael J. Lucas, Jr., 1064 University Avenue Vincent W. Mescher, 1233 Rhomberg Avenue Catherine M. Meyer, 530 East 22nd Street Mr. Steak No. 121,2660 Dodge Street Sally Jo Roy, 400 Central Avenue Raymond Ney, 2186 Central Avenue O'Hara Texaco, 70 South Locust Street Coletta A. Oyen, 1103 Iowa Street Palmer Drug, 2600 Dodge Street Joseph Polfer, 2612 Dodge Street Regal 8 Inn, 2680 Dodge Street Kenneth Stecklein, 2480 University Avenue Jospeh W. Sutter, 3195 Jackson Street William White, 1993 Asbury Road B. F. Willenborg, 1301 Rhomberg Avenue Donald Sand, 2364 Washington Street Donut Hut Ltd., 1555 John F. Kennedy Road Fraternal Order of Eagles, 1175 Century Drive Josephine A Burke, 1445 Central Avenue John P. O'Hara, 855 Century Drive Charles E. Draeger, 2095 Kerper Blvd. Gary Hanson, 1322 Central Avenue Joyce L. Moeller, 1604 Central Avenue Shirley L. Chidester, 2417 Rhomberg Avenue Merwin Rupp, 2297 University Avenue Passed, adopted and approved this 21st day of June 1976. Alvin E. Lundh Mayor Thomas A Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the foliowing vote: Yeas - Mayor Lundh, Counciimen Brady, Stackis, Tuliy. Wertzberger. Nays-None. RESOLUTION NO. 232-76 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 Catherine M. Meyer, 530 East 22nd Street CLASS "C" BEER PERMIT Robert L. Becker, Geo. C. Kruse Co.. 2418 Central Avenue Cremer Grocery Co., 731 Rhomberg Avenue Vivian Heinz, Oky Doky No.7, 3301 Pennsylvania Ave. . Welsh Enterprises Inc., Grandview Dairy Store, 620 S. Grandview Avenue Passed adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A Tuliy Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the foliowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 233-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the,Ordi- nances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Per- mit. CLASS "B" BEER PERMIT Catherine M. Meyer, 530 East 22nd Street CLASS "C" BEER PERMIT Robert L. Becker, Geo. C. Kruse Co., 2418 Central Avenue Cremer Grocery Co.. 731 Rhomberg Avenue Vivian Heinz, Oky Doky No.7, 3301 Pennsylvania Ave. Welsh Enterprises Inc., Grandview Dairy Store, 620 S. Grandview Ave. Passed, adopted and approved this 21st day of June, 1976. Alvin Ë. Lundh Mayor Thomas A Tuliy Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 234-76 WHEREAS, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and Licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. -- CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Edward A Bailey, Cavalier, 1298 Main Street Creslanes Bowling, Inc., (Also Sunday Sales), 255 South Main St. Fischer Bowling Lanes. (Also Sunday Sales), 880 Locust St. 309 Special Session, June 21,1976 310 Special Session, June 21,1976 Hazel E. Koelier, Copper Kettle, 2987 Jackson St. Elizabeth Krajnovich, Betty and Nick's Tap, 481 Locust St. Kenneth Jerome Love, Grand Tap, 802 Central Ave. Albert Ney & Dolores Roeth, Park Square, 600 Central Ave. Eugene A. Otting, The Dip Tap, 1689 ElmSt. Joseph E. Reisdorf. Ten Pin Tap, 601 Rhomberg Ave. Ritz Lounge Inc., 2126 Centrai Ave. Thelma Paradiso, Lux Club, 3050 As- bury Road Donald T. Sand, 2364 Washington St. John L. Savary, 827 Dodge st. Paul Schollmeyer, Paul's Tap, 176 Locust Melvin A. Spiegelhalter, Dubuque Bowling Lanes, 1029\\ Main St. Barney Willenborg, Barney's Inh, 1311 Rhomberg Ave. Eileen Wunder, Central Tap, 1046 Cen- tral Ave. Donna M. Ginter, Silver Dollar, (Sun- day Sales), 342 Main Street Heron Inc., Walnut Tap, 709 University Ave. , Passed, adopted and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady EmiiStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the foliowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 235-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa. that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. 311 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Edward A. Bailey, Cavalier, 1298 Main Street Creslanes Bowling, Inc., (Also Sunday Sales), 255 South Main St. Fischer Bowling Lanes, (Also Sunday Sales), 880 Locust St. Hazel E. Koeller, Copper Kettle, 2987 Jackson St. Elizabeth Krajnovich, Betty & Nick's Tap, 481 Locust St. Kenneth Jerome Love, Grand Tap, 802 Central Ave. Albert Ney & Dolores Roeth, Park Square, 600 Central Ave. . Eugene A. Otting, The Dip Tap, 1689 Elm St. < Joseph E. Reisdorf, Ten Pin Tap, 601 Rhomberg Ave. Ritz Lounge Inc" 2126 Central Ave. Thelma Paradiso, Lux'Club, 3050 As- bury Road Donald T. Sand, 2364 Washington St. John L. Savary, 827 Dodge St. Paul Scholimeyer, Paul's Tap, 176 Locust St. Melvin A. Spiegelhalter, Dubuque Bowling Lanes, 1029% Main St. Barney Willenborg, Barney's Inn, 1311 Rhomberg Ave. Eileen \I "nder, Central Tap, 1046 Cen- tralAve. Donna M. Ginter, Silver Dollar, (Also Sunday Sales), 342 Main St. Heron lnc" Walnut Tap, 709 University Ave. Passed, adopted' and approved this 21st day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen the Meeting to Thursday, June 24, 1976 at 4:00 o'clock P.M. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved. "."""""". 1976 Adopted. """ " "" " ". Jim """" " " " """""."" """""..". Councilmen Attest: "". City Clerk ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Mayor Lundh. Carried by the following vote: Yeas -- Mayor Lundh, Councilmen Brady. Stackis, Tuliy, Wertzberger. Nays-None. Councilman Wertzberger moved that the Council show .support of an- nexation plan as submitted. Seconded by Councilman Tully. Carried by the foliowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. There being no further business, Councilman Brady moved to adjourn 312 Adjourned Special Session, June 24, 1976 CITY COUNCIL OFFICIAL Adiourned Special Session, June 24, 1976. Council met at 4:00 P.M. (C.D.T.) Present - Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. City Manager Gilbert D. «havenene. Mayor Lundh read the call and stated that this is AN ADJOURNED MEETING OF JUNE 21, 1976, and that service thereof had been duly made and this Meeting is called for the purpose of CONSIDERING A PLAT ON ANNEX- ATION and acting upon such other business as may be properly brought before a Regular Meeting of the Council. Communication of Victor Sprengel- meyer, Attorney for Iowa Northwestern Development Co., showing dissatisfac- tion at the handling ofthe plat of Block 6 of Arbor Oaks Subd., and feels that an explanation is due for the benefit of the public, presented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. June 18, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Block 6 of "Arbor Oaks" Subdivision in the City of Dubuque, Iowa. The subject property lies north of Spring Valley Road on extensions of Fox Hollow Drive and Olde Country Lane. The Commission has determined that the plat is in conformance with the Subdivision Regulations of the City of Dubuque, Iowa, and recommends your favorable consideration of the final plat of Block 6 of "Arbor Oaks" Subdivision. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Tully, Wertzberger. Nays - Councilmen Brady, Stackis. RESOLUTION NO. 236-76 Resolution approving the Plat 01 Block 6 in "Arbor Oaks" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 6 in ,"Arbor Oaks" in the City of Dubuque, Iowa, by lowa- Northwestern Development Company; and WHEREAS, upon said plat appear streets to be known as Fox Hollow Drive and Olde Country Lane, together with certain public utility easements which the Owners by said plat have dedicated to the public forever;'and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordi~ances relating the~eto, except that street grades have not been estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Fox Hollow Drive and Olde Country Lane together with the easements for public utilities as the same appeaT upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 6 in "Arbor Oaks" in the City of Dubuque, 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, upon said piat, provid- ed the owners of said property herein named, execute their written accep- tance hereto attached agreeing: a. To reduce ail streets to grade and to construct concrete curb and gutter and to hard surface Fox Hollow Drive and Olde Country Lane with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as Adjourned Special Session, June 24, 1976 313 required by Ordinances. and where di- rected by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with plans submitted with the plat: g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner ap- proved by the City Manager; h. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing construc- tion and maintenance át the sole ex- pense of the Subdivider, Iowa-North- western Development Company, as owner; j. To construct said improvements, except sidewalks and street lighting prior to June I, 1978, and to construct the sidewalks and street lighting prior to June I, 1980; and further provided that said Iowa-Northwestern Deveiopment Company, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Iowa- Northwestern Development Company, shall fail to execute the acceptance and furnish the security provided for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and ap- proval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 24th day of June, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Councilmen ATTEST: Leo F. Frommeit City Clerk ACCEPTANCE OF RESOLUTION NO. 236-76 We, the undersigned James A. Schwers and Carolyn E. Thompson having read the terms and conditions of the foregoing Resolution No. 236-76 and being familiar with the conditions ther- eof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 29th day of July, 1976. James A. Schwers President Carolyn E. Thompson Secretary-Treasurer TO: Leo F. Frommelt City Clerk This to certify that the security provided by the foregoing RESOLU- TION NO. 236-76 has been furnished by the owners. Dated at Dubuque, Iowa, this 29th day of July, 1976. Gilbert D. Chavenelle City Manager City Manager Councilman Brady moved that the resolution be tabled. Seconded by Councilman Stackis. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas - Councilmen Brady, Stackis. Nays - Mayor Lundh. Councilmen Tully, Wertzberger. MOTION FAILED. Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Tuily, Wertzberger. Nays - Councilmen Brady, Stackis. Councilman Stackis moved that An Ordinance be prepared covering Surface Drainage in Subdivisions of the future. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 237-76 WHEREAS, Five Flags Civic Center has reached a point of development whereby it is indicated that the approval of the electorate is now necessary, and WHEREAS, the City Council of the City of Dubuque, Iowa declares its in- tent to hoid a special election on August 17, 1976 for the purpose of permitting the electorate to pass upon the proposi. tion of issuing general obligation bonds for the purpose of defraying the expense of said Five Flags Civic Center. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That August 17, i976 be and the same is hereby fixed as the date for a special election to be held upon the proposal to issue general obligation bonds to pay for the costs of the expense in connection with the construction and 314 Adjourned Special Session, June 24, 1976 improvement of Five Flags Civic Center, City of Dubuque, Iowa. Section 2. That the City Clerk be and he is herewith directed to file a certified copy forthwith with the Commissioner of Elections of Dubuque County, Iowa. Passed, approved and adopted this 24th day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. City Planner, Dan Dittemore, pre- sented Urban Growth Forecast - An- nexation Feasibility Analysis - Action Plan. June 23, 1976 Honorable Mayor and Councilmen You may recall that the City of Dubuque Planning and Zoning Com- mission had made a recommendation to you in March, 1976, urging your favor- able consideration of an annexation plan embracing a 12-year growth perimeter. The Commission has also been aware of the evolving concept of a segmented annexation plan. A majority of Com- mission members have been briefed on this concept, to include a 5"year growth perimeter for immediate action, fol- lowed by a second phase in 1980 to complete annexation of the area origi- nally recommended by us. It is the view of the Planning and Zoning Commission that the phased annexation plan is consistent with its original recommendation. We have no objection to your favorable considera- tion of this alternative. Richard P. Friedman Chairman City ofDubuque Planning and Zoning Commission Councilman Brady moved that the communication and Action Plan be received and filed and be made a Matter of Record. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 238-76 A Resqlutiqn aulMrlzlng and ap- proving a petition to the City Davelopment Board 01 Iowa lor annexation 01 certain hereinafter described Territory to the Incor- porated City 01 Dubuque, Iowa WHEREAS, the City Council has caused a study to be made of the con- tinuing development of the Dubuque urban area, and of the needs for the provision of municipal services to developing areas; and WHEREAS, such study has con- firmed that an annexation of territory to the City of Dubuque is appropriate and desirable; and WHEREAS, Chapter 1088, Acts of the 64th General Assembly of the State of Iowa, Sections 33 through 46 provide for the submission of a petition to the City Development Board of the State of Iowa for consideration of such annexation request; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That we, the City Council of the City of Dubuque, Iowa, do peti- tion the City Development Board of the State of Iowa for an annexation of ter- ritory in Peru, Dubuque, Table Mound, and Mosalem Townships in Dubuque County, Iowa, more specifically delin- eated upon Exhibit A, parts I through 4, hereto attached and made a part of this petition. Section 2. That the City Manager shall cause notice of this petition to be made to the City Development Board of the State of Iowa, together with such additional evidence and documentation as the Board may require; and to the Board of Supervisors of Dubuque County, Iowa; and to the East Central Intergovernmentai Association. Passed, approved and adopted this 24th day of June, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adoption of the resolution and City Clerk be direct- ed to submit Copy of Resolution to all Adjourned Special Session, June 24, 1976 315 governmental bodies concerned. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh. Councilmen Brady. Stackis, Tully, Wertzberger. Nays - None. Councilman Wertzberger moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. Attorney Joe Zwack, spoke to the Council stating people should have some opportunity to talk to the Council, Expressing dissatisfaction, relative to adoption of proposed annexation plan. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stac~is, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved. 1976 Adopted". " 1976 """ " " " " Councilmen Attest: ..... City Clerk 316 Special Session, June 29, 1976 CITY COUNCIL OFFICIAL Special Session, June 29,1976. Council met at 10:00 A.M.(C.D.T.) Present - Councilmen Brady, Stackls, Tully, Wertzberger. City Man- ager Gilbert D. Chavenelle. Absent - Mayor Lundh. Mayor Pro-Tem Stackis read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of RECEIVING PROPO- SALS FOR THE CONSTRUCTION OF IMPROVEMENTS AND EXTENSIONS TO THE MUNICIPAL WATERWORKS PLANT AND SYSTEM and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the Publisher of Notice to Contractors of the Receipt of Proposals for the con- struction of Improvements and Exten- sions to the Municipal Waterworks, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Pro-Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays - None. Absent - Mayor Lundh. The following bids were presented and read: Item 1 - Watar Treatment Plant Expansion Name 01 Bidder Amount ot Bid Barbarossa & Sons Inc. ... $4,453,000. Bay-Con Corporation..... $4,186,000. J.P. Cullen & Sons........ $3,837,322. Lysne Construction Inc. ... $5,024,000. PMW Construction Inc. ... $5,340,000. Item 2 - Water Plant Solids Handling Facllllles With Vacuum Filters Name 01 Biddar Amount ot Bid Barbarossa & Sons Inc. ... $2,362,000. Bay-Con Corporation. . . .. $2,545,000. J. P. Cuilen & Son....... . $2,060,737. Lysne Construction Inc. ..' $2,441,068. PMWConstruction Inc. .. .'$3,150,000. Alternate Item 2 - Water Plant Solids Handling Facilities With Pressure Filters Name of Bidder Amount of Bid Barbarossa & Sons Inc. ... $2,750,000. Bay-Con Corporation. . . .. $2,745,000. J.P. Cullen & Son... ...... $2,310,191. Lysne Construction Inc. ... $2,636,835. PMW Construction Inc. ... $3,280,000. Councilman Wertzberger moved that the Bids be received and filed and referred to the Council and City Man- ager. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Pro-Tem Stackis. Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. There being no further business, Councilman Tuily moved to adjourn the meeling to July 6, 1976, at 7:30 P.M. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Pro-Tem Stackis, Councilmen Brady, Tully, Wertzberger. Nays-None. Absent - Mayor Lundh. Leo F. Frommelt City Clerk Approved. Adopted ." 1976 ",," " " " ". Councilmen Attest" ". City Clerk 1976 Regular Session, July 5,' 1976 CITY COUNCIL OFFICIAL Regular Session, July 5, 1976. No members of the Council being present, the meeting was adjourned subject to call. """"."" ATTEST: Councilmen """"""" City Clerk 319