1976 January Council Proceedings
Regular Session, January 5,1976
1
CITY COUNCIL
OFFICIAL
BONDS, AND PROVIDING THEIR
SALARIES.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, mWA: That the fol-
lowing officers be appointed, sub-
ject however, to the rigbt of the
Council to declare such offices va-
caut or remove the officers there-
from at the pleasure of the Coun-
cil with or without cause, and to he
paid the compensation provided in
the budget approved March 24,
1975, and that the City Manager
provide a bond in the amouut of
$5,000, and the City Solicitor pro-
vide a bond in the amount of
$1,000 at their own expense and
the City Clerk be covered under
the Blanket Honesty Bond of the
City.
City Manager Gilbert D. Chavenelle
City Clerk Leo F. Frommelt
City Solicitor !R. N. Russo
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wert.berger
James E. Brady
Emil Stackis
Councilmen
Regular Session, Ja'nuary 5, 1976.
Council met at 7:30 P.M. (C.S.T.)
'Present-Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis, Tul-
ly. City Manager Gilbert D. Chav-
enelle.
Invocation was given by Mrs.
Kerin Moldenhauer.
Mayor Justmann called the Meet-
irig to order and stated that this is
THE REGULAR MONTHLY MEET.
IN,G of the City Council, and also
the FIRST MEETING OF THE FIS-
CAL YEAR, for the purpose of act-
ing upon such business as may
properly come before the Meeting.
Re-tiring Mayor Justmann ex-
pressed "Thanks" to the Council
and Staff, also the Community as a
whole, for having been given the
opportunity to serve. He placed
special stress on the promotion of
the Arts for the City, and what
~:s ~~~~q~~CO~Pl~~~d'c:'~d~:;; I
Number One in the Sitate in the
promotion of the various arts.
The City Clerk swore in newly
elected Councilmen Thomas A. Tul-
ly Jr. and Richard Wertzberger to
serve to 12-31-79.
Councilman Brady moved that
Councilman Alvin E. Lundh be
elected to serve as Mayor for 1976.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas-Councilmen Brady, Lundh,
Stackis, Tully, Wertzherger.
Nays-None.
City Clerk Frommelt swore in
the newly elected Mayor Alvin E.
Lundh, to serve in that capacity
for the fiscal year of 1976.
Mayor Lundh moved that Coun-
cilman Emil Stackis be elected to
serve as Mayor Pro-Tem during the
year of 1976. Seconded by Coun-
cilman Tully. Carried 'hy the fol-
lowing vo,te: I
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 1-76
PROVIDING FOR THE APPOINT-
MENT OF A CITY MANAGER,
OlTY CLERK, AND CITY SOLICIT-
OR FOR THE ŒTY OF DUBUQUE,
IOWA AND FIXING THEIR
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adopt-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Stackis, Tully, Wertzherger.
Nays-Councilmen Brady.
Mayor Lundh swore in Gilbert D.
Chavenelle as City Manager, Leo F.
Frommelt as City Clerk and R. N.
Russo as City Attorney ,to serve
during fiscal year of 1976.
Mr. Arnold J. Honkamp present-
ed Mayor Lundh with a new gavel
set.
Mrs. Kerin Moldenhauer present-
ed a picture of past Mayors.
Mr. Robert Fisch presented a
plaque to former Mayor Justmann
from the Council of Neighborhoods
iu appreciation for work done in
their ,bebalf.
RESOLUTION NO. 2.76
A RESOLUTION DESTGNATING
THE OFFICIAL NEWSPAPER
OF THE CITY OF DUBUQUE,
IOWA.
-~-~~.~.~
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2
Regular Session, January 5,1976
BE 1T RESOLVED B:<{ THE
CITY OF -DUBUQUE, IOWA:
That "THE TELEOOAPH HER-
ALD" a daily newspaper of gen-
eral circulation be appointed the
official newspaper of the City.
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried 'by
the following vo,te:
Yeas - Mayor Lundh, council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 3.76
RESO'LUTION NAMING DEPOSIT.
ORIES
BE IT RESOLVED by the City
of Dubuque of Dubuque County,
Iowa: That we do hereby desigoate
the following named banks to be
depositories of the City of Dubu-
que funds in amounts not to ex-
ceed the amount named opposite
each of said desigoated depositor- I
ies and the City Treasurer is here-
hy authorized to deposit the City of
Dubuque funds in amounts not to
exceed in the aggregate the
amounts named for said banks as
follows, to"Wit:
NAME OF DEPOSITORY, LOCA-
TION, Maximum Deposit in effect
under prior resolution, Maximum
Deposit under this resolution
American Trust & Savings Bank,
Dubuque, Iowa ($10,000,000.) $5,-
000,000
Dubuque Bank & Trust Com-
pany, Dubuque, Iowa, ($5,000,000.)
$5,000,000
First National Bank of Dubuque,
Dubuque, Iowa ($5,000,000.) $5,-
000,000
Key City Bank & Trust Company,
Dubuque, Iowa, ($5,000,000.) $5,-
000,000
The amount authorized hy this
resolution is hereby approved.
s/Maurice E. Baringer, Treasurer
of State
The vote on the resolution is as
follows:
Ayes: Alvin E. Lundh, Mayor,
James E. Brady, Emil Stackis,
Thomas A. Tully Jr., Richard
Wert.berger, Councilmen.
Nays: None
Dated at Dubuque, Iowa, this 5th
day of January, 1976.
SIEJAL
Leo F. Frommelt,
City Clerk
Maurice E. Baringer,
Treasurer of State
Councilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert:o-
berger.
Nays-None.
January 2, 1976
Honorable Mayor and
City Council
We hereby submit personal
bonds for the City Manager and
City Treasurer and desire to have
your approval on same.
Gilbert D. Chavenelle, City Man-
ager, Midwestern Casualty & Sure-
ty Company, Bond No. 1"0-55784
$5,000. January 1, 1976 to Decem-
ber 31, 1976.
Gerald Hird, City Treasurer, The
Ohio Casualty Insurance Company,
Bond No. 1293899, January 1, 1976
to December 31, 1976, $50,000.00
Gilbert D. Chavenelle,
City Manager
Councilman Stackis moved that
the communication be received and
filed and filing approved. Seconded
by Councilman Brady. Carried by
the foliowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tuliy, Wert:o-
berger.
Nays-None.
December 29, 1975
Honorable Mayor and
City Council
As City Manager, I wish to ad-
vise your Honorahle Body that ali
officers and employees who I have
power to appoint, and are under
my supervision, direction and con-
trol, and whose appointments con-
tinue at the pieasure of the man-
ager, and who are now serving in
their respective capacites, will be
paid salaries in accordance with the
detailed distribution of proposed
expenditures for the period Janu-
Regular Session, January 5,1976
3
ary 1, 1976 through June 30, 1976,
which the Council established at
the time of budget hearing and
adoption and iuaccordance with
the attached "City of Dubuque
Jauuary 1, 1975-June 30, 1976
Wage and Benefit Plan."
Since additional wages and bene-
fits are under consideration, fur-
ther wage proposals will be
brought before the City Council.
Also, since the calendar year 1976
extends through the July I-Decem-
ber 31 portion of the 1977 fiscal
year, wages and the distrlbution of
wage expense for this period will
be determined and set out in the
budget for fiscal year 1977.
Gilbert D. Chavenelle,
City Manager
Councilman Stackis moved that
the communication be received and
filed and approved. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tuliy, Wertz-
berger.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality ad-
vising of issuance of sanitary sew-
er construction permit No. 76-230-S
for Kelly's Bluff Properties, pre-
sented and read. Councilman Brady
moved that the communication he
received and filed. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh. Council-
men Brady, Stackis, Tully, Wertz-
ber,ger.
Nays - None.
Communication of Kerin Molden-
hauer submitting brochure of pray-
ers that were said as invocatious
during the year 1975, and request-
ing they be placed in the City's
records, presented and read. Coun-
cilman Stackis moved that the bro-
chure be received and filed. Sec-
onded by Councilman Tully. Car-
ried 'by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Communication of City Manager
recommending the installation of a
street light to he located between
950 & 960 Davis Avenue, relative
to request submitted by St. John's
Lutheran Cemetery, presented and
read. Councilman Brady moved
that the communication be refer-
red to next week's Council meet-
ing. Seconded 'by Councilman
Stackis. Carried hy the following
vote:
Yeas - Mayor Lundh, Council-
men Brady Stackis, Tully, Wert:o-
berger.
Nays-None.
Proof of il'ublicatiou, certified to
by the Publisher, of List of Re-
ceipts and Expenditures, also List
of Claims for month of Novem-
ber, 1975, presented and read.
Councilman Stackis moved that the
proof of publication he received
and filed. Seconded by Mayor
Lundh. Carried by ,the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert:o-
berger.
Nays-None.
Printed Council Proceedings for
the month of september, 1975, pre-
sented for approval. Councilman
Stackis moved that the Council
Procedings be approved as printed.
Seconded by Mayor Lundh. Carried
by the foliowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tuliy, Wert:o-
berger.
Nays-None.
Communication of Dubuque Tran-
sit Trustee Board submitting min-
utes of their meeting of November
25, 1975, presented and read. Coun-
cilman Stackis moved that the min-
utes be received and filed. Sec-
onded -by Councilman Tully. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tuliy, Wertz-
berger.
Nays-None.
Communication of Dubuque Fed-
eration of Labor submitting the
name of Robert Runde to serve on
the Community Development Com-
mission and requesting the Council
to make the appointment, present-
ed and read. Councilman Stackis
moved that the communication he
referred to Council. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men B"dy, s,tackis, Tuliy, Wertz-
berger.
Nays - None.
Communication of C. Robert
Justmann submitting project re-
ports covering Canoe Project, Park-
.'
4
Regular Session, January 5,1976
ing Ramp, Historical Site Designa-
tion, and Water sports Industry &
Marina Development, presented
and read. Mayor Lundh moved
that the communication be receiv-
ed and flied and referred to Coun-
cil for further discussion. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Notice of Claim of Daniel J. &
Sharon Rose Pluemer, in the
amount of $604,000., for personal
proper'tyand ,personal injury dam-
ages received in a car accident
as the result of a City operated
motor vehicle being driven at ex,.
cessive speed on December 16,
1975, said accident occurred at
Grandview & Clarke intersection,
presented and read. Mayor Lundh
moved that the Notice of Claim he
referred to the City Solicitor for
pr<>per proceedings. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Notice of Suit of Dolores Schul-
ler in the amount of $11,174.32, for
personal injuries received as the
result of a fall at the southwest
corner of 21st & White Street on
July 1, 1975, presented and read.
Mayor Lundh moved that the Not-
ice of Suit be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
December 22, 1975
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on amendments to
Ordinance No. 32-75. The amend-
ments as contained in the attached
Ordinances propose to 1) to re-
duce the fee for Application of
Variance from $25.00 to $5.00 and
2) to include cemeteries, mauso-
leums, columbariums, and chapels
as Conditioual Uses in all Residen-
tial Districts and in the Institu-
tional Distriot.
The Planning and Zoning Com-
mission has determined that the
amendments as proposed are ap-
propriate and hereby recommend
their adoption.
CITY PLANN[NG AND
ZONING COMMISSWN
Daniel Dittemore
Development Planner
Mayor Lundh moved that the
communication ,be received and fli-
ed. Seconded by Councilman Stack-
is. Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
AN ORDINANCE amending and
changing 'Ordinance No. 32-75
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa" by repealing Sub-
section 6 of Section 10-101 of Arti-
cle X thereof and enacting a new
Subsection 6 of Section 10-101 of
Article X in lieu thereof to pro-
vide a change of fees from $25.00
to $5.00 for application for vari-
ance in said fee table, present-
ed aud read. Councilman Stackis
moved that the reading just had
be considered the first reading of
the Ordinance. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Staekis, Tully.
Nays-Councilmen Brady, Wertz-
berger.
Councilman 'Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Mayor Lundh.
Carried 'by the following vote:
Yeas - Mayor Lundh, Council-
men Stackis, Tully.
Nays-Councilmen Brady, Wertz-
berger.
Councilman Stackis moved that
a public hearing be held on the
Ordinaace on January 26, 1976, at
7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
the City Clerk -be instructed to
publish notice of the hearing iu
the manner required 'by law. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men Stackis, Tully.
Nays-Councilmen Brady, Wertz-
berger.
Regular Session, January 5, 1976
5
AN OlliJINANCE amending and
changing Ordinance No. 32-75
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" 'by repealing Sec-
tion 4-102.4 of Article IV thereof
and by enacting a new Section 4-
102.4 of Article IV in lieu therof
and by adding a new Subsection
{4) ,to Section 4-118.5 of Article IV
to provide for the inclusion of
cemeteries, mausoleums, colum-
bariums and chapels as conditional
uses in each of said resp'ective
sections, presented and read. Coun-
cilman Stackis moved that the
reading just bad be considered
the first reading of the Ordinance.
Seconded 'by Mayor Lundh. Carried
by ,the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz. I
berger.
Nays-None.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, -be dispensed
witb. Seconded by Mayor Lundh.
Carried by ,the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on January 26, 1976, at
7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
tbe City Clerk 'be instrueted to
publish notice of the hearing in
the manner required by law. Sec-
onded by Mayor Lundh. Carried ,by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. I
Nays-None.
Petition of John Zurcher of 2640
Marquette Place requesting vaca-
tion of the alley abutting his prop-
erty approximately 100 feet, pre-
sented and read. Mayor Lundh
moved that the petition be refer-
red to the City Manager and Staff.
Seconded -by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
RESOLUTION NO; 4.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
iaw relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, ,be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
William and Darlene Allendorf,
Iowa Inn, 125 West 9th Street
Gary J. Hanson, The Market Pub,
1322 Central Avenue
Passed, adopted and approved
tbis 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by ,the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 5.76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, tbat the
following applications -be approved
and licenses issued upon the cOm-
pliance with the provisions of
Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Donald Kies, The Golden Pheasant,
2620 University Ave.
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
6
Regular Session, January 5, 1976
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
herger.
Nays-None.
RESOLUTION NO. 6.76
WHEREAS, applications for Liq-
uor Licenaes were filed by the
within named applicants and they
bave received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
'NOW THEREFORE BE IT RE"
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued -to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Donald Kies, The Golden Pheasant,
2620 University Ave.
Passed, adopted and approved
this 5th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried hy the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz"
berger.
Nays~None.
Councilman Tully moved that a
Work Session he held for the
Council on January 7, 1975, at 7:30
o'clock P.M. in the Council Cham-
her to discuss proper Council pro-
cedures. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - 'None.
There being no further business
Mayor Lundh moved to adjourn:
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas ~ Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Leo F. Frommelt,
City Clerk
Adopted ......................................1976
Approved ....................................1976
"""""""""""""""""""""'ë~;-;~~ii~~~
Attest: .................................................
City Clerk
Special Session, January 12, 1976
CITY COUNCIL
OFFICIAL
Special Session, January 12, 1976
Council met al 7:30 P.M. (C.S.T.)
Present - Mayor Lundh, Coun-
cilmen Brady, Slackis, Tully, Wertz.
berger.
City Manager Gilbert D. Chaven.
elle.
Invocation was given by Mayor
Lundh as furnished by Rev. A. W.
Sigwarth, pastor of St. Mary's Cath-
olic Church.
Mayor Lundh read the call and
stated that service tbereof had
been duly made and this meeting
is called for the purpose of ACT.
ING UPON SUCH BUSINESS AS
MAY PROPERLY COME BEFORE
THE MEETING.
Mayor Lundh proclaimed the
week of January 12 to 16, 1976 as
"Chamber of Commerce Week" in
response to a request by President
Bruce Meriwether of the Chamber
of Commerce.
Communication of Iowa Depart-
ment of Environmental Quality re-
questing the allocation of time by
a member of their air quality staff
to address the Council in late
January or early February relative
to a recently completed air pollu-
tion monitoring study of leaf burn.
ing, presented and read. Council-
man Stackis moved that the com-
munication be received and filed
and a member of the IDEQ staff be
invited to attend the Council meet-
ing of February 2, 1976. Seconded
-by Councilman Tully. Carried -by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Communication of Citizens Ad-
visory Commission recommending
that the Council not adopt any new
Ordinance pertaining to guns or
gnu control and urge instead that
the existing laws be strictly en-
forced, presented and read.
Councilman Brady moved to sus-
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded hy Councilman
~~~~~is. Carried 'by the following i
7
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Police Chief O'Brien recommend-
ed further consideration as to gun
control and the idea of stronger
enforcement needs a second look.
Don Deich spoke on gun control.
Larry Stockel suggested to get in
touch with the Federal Alcohol &
Tax Division for proper informa.
tion and obtain a copy of Federal
Arms License issued in this Coun-
ty. Councilman Stackis moved that
tbe communication of the Advisory
Commission be received and filed
and referred to the Police Chief,
City Solicitor and City Manager.
Seconded by Councilman Tully.
Carried by .the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Communication of Dock Commis-
sion submitting minutes of their
meeting of December 10, 1975, pre-
sented and read. Councilman Stack-
is moved that the minutes be re-
ceived and filed, Seconded hY
Councilman Wertzberger. Carried
by tbe following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Communication of Human ,Rights
Commission submitting minutes of
their meeting of December 23,
1975, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Second-
ed by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Chrysler Corp.-
oration addressed to Councilman
Stackis, relative to Dial-A-Ride
transportation concept, submitting
a sample of operating cost and rev-
enue data, preseuted and read.
Councilman Stackis moved that tbe
communication be received and fil.
ed Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
8
Special Session, January 12, 1976
Communication of Edgar M.
Dempsey showing concern of the
State imposed mandatory 21% in-
crease in City property valuations,
and all in the City that have a
hand in the formulation of the
budget do not consider the higher
valuations a windfall, presented
and read. Edgar M. Dempsey spoke
to Council and indicated the in-
crease calls for 2 millage rates; one
for residential and one for com-
mercial.
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, wertz-
berger.
Nays - None.
Communication of Art pape
Traasfer Inc. indicating a prob-
lem being experienced relative to
oversize or overweight vehicles as
it relates to our Ordinance No. 50-
74 presently in effect, presented
and read. Mayor Lundh moved that
the communication be referred to
the Traffic Department and City
Attorney. Seconded by Council-
man Stackis. 'Carried -by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert,..
herger.
Nays - None.
Communication of Dubuque Tran-
sit Trustee Board submitting min-
utes of their meeting of Decemher
16, 1975, presented and read. Coun-
cilman Wertzberger moved that the
minutes be reecived and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality ap-
proving water main extension in
Blocks 16 and 17 in Mettel-Byrne
Addn., presented and read. Coun-
cilman Tully moved that the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays_None.
Communication of Dubuque Jay-
cees requesting to address the
Council to furnish an up40-date
report on the progress of the
Washington Park Restoration Proj-
ect; also to present to the Council
an endorsement plaque received
from the Iowa Bicentennial Com-
mission, presented and read. Jay-
cees President, Mike Murwin, in-
formed the Council that the Wash-
ington Park Project has been des-
ignated as an official Bicentennial
Project in the State of Iowa and
presented the Plaque to the Mayor.
Randy Nigg iudicated that dur-
ing the recent fund drive the re-
sponse was good; received $24,000
in cash plus check from Bicenten-
nial Commission and pledges; and
dedication ceremony is planued
for June or July. Russel Neuwoeh-
ner advised the Jaycees are going
ahead with plans for City Park aud
the time capsule construction is
planned to begin within 45 to 60
days.
Councilman Stackis moved that
the communication of Dubuque
Jaycees be received and filed. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.'
Nays-None.
December 23, 1975
Honorable Mayor
and City Council
I am returning to you a petition
for a street light on Davis Avenue
and also the petition of Mr. and
Mrs. Bisanz opposing the proposal.
The electrical inspector has re-
viewed the proposal and has con-
tacted the petitioners. He has as-
sured Mrs. Earl Bisanz that the
street light would not be located
on poles existing on their property
line.
It is recommended that a 4000
lumen incandescent light be in-
stalled on an existing wood pole
located on the property line he-
tween 950 and 960 Davis Avenue.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the recommendation be approved.
Seconded by Councilman Wert,..
berger. Carried by the following
vote:
Yeas - Mayor Lundb, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Special Session, January 12, 1976
January 6, 1976
Honorable Mayor
and City Council
At your meeting of October 7th
a notice was presented by the Du-
buque Disposal Company indicat-
ing that the company would exer-
cise their option to renew the
lease on the municipal garage
building at 14th and Elm Streets
for a period of one year.
After a discussion of the possi-
bility of including an escalator
clause in the lease, the matter was
referred to the city manager to be
reviewed by the city solicitor. The
city solicitor has advised that he
has examined the lease agreement
and that it is his opinion that the
lease cannot be changed prior to
the option to renew the lease.
I will, therefore, proceed with
the understanding that tbe exten-
sion has been granted without
ehanging the terms of the lease.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication he received and
filed and lease approved. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 7, 1976
Honorable Mayor
and City Council
I am returning to you the peti-
tion of Mrs. Dorothy Haigh and
others requesting the installation
of two stop signs at the southwest
corner and northeast corner of
15th and Maple.
Fifteenth Street is presently a
stop street for traffic entering
from Maple. The requested stop
signs would make the intersection
a four-way stop.
The proposal was considered by
the traffic committee and it is
recommended that the petition be
denied.
In support of the recommenda-
tion I submit a copy of a letter
from Cbief O'Brien signed by Cap-
tain Jenaman.
I have also forwarded a copy
of the letter to Mrs. Haigh.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
9
ceived and filed and recommenda-
tion of denial be approved. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 5, 1976
Hoonrable Mayor and
City Councilmen
On November 6, 1975, Terry
Stimson of 495 Loras, filed claim
against the City of Dubuque, Iowa
in the amount of $75.00, claiming
damages for broken eye glasses
suffered on November 5, 1975, at
the 18th street stairs, as a result
of tripping on the weeds growing
thereon.
This matter was referred to the
appropriate City Agency who has
made an investigation of said mat-
ter and has made a written re-
port to the City Attorney that
said matter has been amicably set-
tled. In view of the foregoing, it
is the recommendation of the City
Attorney that the claim of Terry
Stimson be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Tully moved that
the recommendation of denial be
approved. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 5, 1976
Honorable Mayor and
City Councilmen
On July 29, 1975, judgment was
entered against the City of Du-
buque, Iowa in the case of Janet
K. Metelak, vs the City of Du-
buque, Iowa, Law No. 40058.
Accordingly, judgment was en-
tered for the sum of $3000.00 dated
the 29th day of July, 1975 together
with Court costs and together with
interest at 7% per annum from
July 28, 1975.
The other aspect of said litiga-
tion represents a Cross-Petition by
the City of Dubuque against the
abutting property owner which re-
mains to be tried and in the event
of a successful conclusion of that
case, then, of course, the judg-
10
Special Session, January 12, 1976
ment would be satisfied by the
abutting property owner.
Accordingly, it is respectfully
suggested that the appropriate bud-
getary provisions be made for the
payment and satisfaction of such
judgment.
R. N. Russo
City Attorney
Councilman Stackis moved that
the recommendation be approved.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 5, 1976
Honorable Mayor and
City Councilmen
On the 2nd day of October, 1974,
Richard V. Hansel, Rosanne F.
Tone, Jan V. Seipp, and Vilas A.
Seipp, commenced an action against
the City of Dubuque, Iowa, in the
District Court of Duhuque County,
Iowa, seeking to have Ordinance
No. 66-70 declared uncoustitutional
and to have certain liens which
were assessed against plaintiff's
property, pursuant to the ordi-
nance, declared invalid and re-
leased of record.
Said matter was defended by
the City Attorney's office and in
accordance with the defenses in-
terposed, the plaiutiffs made an
offer of compromise settlement
and payment of $400.00 to the de-
fendant, City of Dubuque, on con.
dition that the liens assessed
against their property would be
released of record and the action
dismissed.
It is the recommendation of the
City Attorney's office that said set-
tlement he approved and that the
Finance Director of the City of
Dubuque, Iowa be directed to sat-
isfy said liens for the remaining
unpaid portion on file in the of.
fice of the Recorder in and for
Dubuque County, Iowa.
n is the recommendation of the
City Attorney's office that said
Ordinance be reviewed in the light
of existing experience with a view
to pronouncing the coverages of
said ordinance with a greater de-
gree of certainty.
Enclosed herewith is check no.
1959, dated September 27, 1975,
payable to the City of Dubuque in
the amount of $400.00, and also en-
closed is a copy of Original Notice
with Petition attached in said mat-
ter.
R. N. Russo
City Attorney
Councilman Brady moved that
the Ordinance be referred to the
City Solicitor and deny receipt of
$400.00. MOTION DIED FOR LACK
OF SECOND.
Couucilman Stackis moved that
the recommendation of settlement
be approved and directed City So-
licitor to come back with an
ameuded Ordinance. Seconded by
Councilman Tully. Carried hy the
following vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays-Councilman Brady.
Notice of Claim of Michael Lee
Humphries, in the amount of
$45.02, for car damage incurred as
the result of driving over a pro-
truding pipe on Roosevelt Street
on Decemher 24, 1975, presented
and read. Mayor Lundh moved
that the Notice of Claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
hy Councilman Tully. Carrièd hy
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzherger.
Nays-None.
Communication of Teleprompter,
addressed to the City Attorney, re-
questing permission to transfer the
Community Antenna Television
permit for Dubuque to Telepromp-
ter Corporation, a New York Cor-
poration, presented and read. Coun-
cilman Wertzberger moved that
the communication be received
and filed and referred to the City
Manager, TV Cable Commission
and City Attorney. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
AN ORDINANCE granting per-
mission to transfer the Commun-
ity Antenna Television permit for
Dubuque, Iowa, to Teleprompter
Corporation, a New York Corpora-
tion, presented and read. Council-
man Wertzberger moved that the
Ordinance be received and filed
and referred to the City Manager,
Special Session, January 12, 1976
11
TV Cable Commission and City At-
torney. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nay&-None.
Petition of Washington Neigh-
borhood Council requesting the
Council and Rehabilitation Commis-
sion to advertise their functions,
services and guide lines thru the
news media and further requesting
solicitation from the City at large
rather than select a specific block
in the neighborhood, presented
and read. Councilman Stackis
moved that the petition be re-
ceived and filed and referred to
the Rehabilitation Commission for
investigation and report; also to
City Staff for report. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen i
Brady, Stackis, Tully, Wertzberger.
Nay&-None.
Petition of American Legion
Auxiliary requesting permission to
sell poppies on May 15, 1976, pre-
sented and read. Councilman Stack-
is moved that the request be ap.
proved and referred to the City
Manager for implementation. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nay&-None.
Petition of Tom Schumacher et
al (97 signers) objecting to the ex-
tension of Highway #52 from its
present location at 21st St. to the
proposed 24th & White Street In-
tersection, presented and read.
Don Deich, Martin Westerfield,
Dick Alberts, Larry Stockel, Bob
Beecher, Betty Beecher and Joe
Mond addressed the Council rela.
tive to the petition. Richard J.
Kieffer stated stop lights are
needed at the 22nd & White Street
Intersection. Mayor Lundh moved
that the petition be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 9, 1976
Honorable Mayor
and City Council
The enclosed narrative relative
to the extension of the one-way
couple of Central Avenue and
White Streets directs itself toward
the specific purposes of the pro.
posal and how it would benefit
traffic flow in the area.
I believe that the development
of the couple system is the best
and most practical solution to the
present congestion at the intersec-
tion.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received and
filed. Seconded by Councliman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of First National
Bank objecting to the proposed ex-
tension of White Street between
21st and 24th Streets, presented
and read. J. Bruce Meriwether,
Executive Vice President and
Cashier of 1st National Bank, ad-
dressed the Council relative to the
communication. Councilman Brady
moved that the communication be
received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundb, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Brady moved that
the Federal Aid To Urban Systems
Department (F.A.U.s.) Funds for
the one-way couple of Central Ave.
& White Street Project be scraped
and City Engineer be encouraged
to investigate other solutions to
the problem at 22nd Street &
Central Ave. and further instruct-
ed to develop alternative use for
F.A.U.s. Funds. Seconded by
Councilman Stackûs. Carried by
the following vote:
Yeas-Councilmen Brady, Stack.
is, Wertzberger.
Nays-Mayor Lundh, Council-
man Tully.
RESOLUTION NO. 7.76
WHEREAS, Harry A. Blewett
and Margaret J. Blewett, husband
and wife, have petitioned the City
of Dubuque, Iowa for a release of
~
.
Special Session, January 12, 1976
Special Session, January 12, 1976
12
13
hearing be held on the Resolution
on February 2, 1976, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and City Clerk
instructed to publish notice of the
hearing in the manner required hy
law. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 8.76
WHEREAS, applications for
Beer Permits have been suhmitted
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.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
a 2.5 foot wide easement in Lot
12 of Block 2 Sunset Park Subdivi-
sion No.3 in the City of Dubuque,
Iowa in exchange for a 2.5 foot
wide perpetual easement for side-
walk purposes in Lot 21 in Block
2 in Sunset Park Subdivision No.
3 in the City of Dubuque, Iowa as
shown on the attached plats; and
WHEREAS, the City Council has
determined it to be in the best
interests of the City of Dubuque
that said exchange be made and
that said conveyance to Harry A.
Blewett and Margaret J. Blewett,
husband and wife, for said ex-
change be made for the sum of
$1.00 to be paid by grantees and
the costs of publication.
St. Louis, Missouri be and the
same is hereby endorsed and ap-
proved.
Section 2. That the City Coun-
cil, City of Dubuque, Iowa does
hereby urge each and every in-
habitant of this community to lend
his best efforts toward the reali-
zation and affectuation of such Me-
morial Canoe Ride, in celebration
of the bicentennial date of this
Nation's birth.
John J. Heiderscbeit, Johnnie's
Market, 1278 Central Avenue
Passed, adopted and approved
this 12th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Passed, approved and adopted
tbis 12th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of the City of Dubuque,
Iowa to Harry A. Blewett and Mar-
garet J. Blewett, husband and
wife, of a 2.5 foot wide easement
in Lot 12 in Block 2 in Sunset
Park Subdivision No.3 in the City
of Dubuque, Iowa and conveyance
thereof to said grantees in ex-
change for a 2.5 foot wide perpet-
ual easement for sidewalk pur-
poses in Lot 21 in Block 2 in Sun-
set Park Subdivision No.3 iu the
City of Dubuque, Iowa and pay-
ment of the sum of $1.00 and
costs of puhlication by said gran-
tees and that no abstract of title
will be furnished, be and the same
is hereby approved.
Section 2. That the City Clerk
be and he is hereby directed to
publish notice of intent to dis-
pose of interest in real estate as
provided by law.
Passed, approved and adopted
this 12th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 10-76
WHEREAS, the concept has
been advanced to reenact the Jean
Marie Cardinal canoe ride from
Dubuque to St. Louis as a memor-
ial event and celebration of the
Bicentennial date of the birth of
this nation; and
WHEREAS, interested individu-
als, groups, and governmental de-
partments have displayed a marked
interest in this proposed event;
and
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
CLASS "C" BEER PERMIT
John J. Heiderscheit, Johnnie's
Market, 1278 Central Avenue
Passed, adopted and approved
this 12th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
At 10:45 P.M. Mayor Lundh
moved to go into Executive Ses-
sion to discuss appointments to
various Boards and Commissions.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays-Councilman Stackis.
Council Reconvened in Regular
Session at 10:56 P.M.
The following appointments
were made: Donald R. Meyers to
the Community Development Com-
mission representing Labor Rank
& File, term expiring 12-8-76; Jo-
Ann Reynolds to the Human Rights
Commission replacing Thomas A.
Tully, Jr., term expiring 1-1-78;
and to the Advisory Commission,
Al Schockemoehl, Lynn Beau-
champ and Robert Chapman. Coun-
cilman Brady moved ratification
of the appointments. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Wertzberger. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 9.76
WHEREAS, applications for
Beer Permits were filed by the
withiu named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to he
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds:
WHEREAS, the City Council,
City of Dubuque, Iowa, deems it
in the public interest and in the
spirit of the celebration of the
Bicentennial Year, that the Jean
Marie Cardinal Canoe Ride be
brought about, and that the City
Council of the City of Dubuque,
Iowa, endorse such concept and ap-
prove the same.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuqu" Iowa:
Section 1. That the proposed
Jean Marie Cardinal Memorial Ca-
noe Ride from Dubuque, Iowa to
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption
of the resolution and a public
14
Special Session, January 12, 1976
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzherger.
Nays-None.
Leo F. Frommelt
City Clerk
Approved ....................................1976
Adopted ........................................1976
................................................................
................................................................
........................"......................................
................................................................
"""""""""""""""""'ë~~~~¡¡:;;;~~""""
Attest: """","""""""""""""""""""'"
City Clerk
Special Session, January 26, 1976
CITY COUNCIL
OFFICIAL
Special Session, January 26, 1976.
Council met at 7:30 P.M. (C.S.T.)
Present-Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON.
DUCTING A PUBLIC HEARING
ON VARIOUS ZONING CHANGES
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
Mayor Lundh read and signed a
proclamation declaring the week
of February 1, 1976, as "National
Children's Dental Health Week" in
Duhuque, Iowa.
Presentation of First Painting in
Artists and Residence by the Bi-
centennial Commission, was pre-
sented by Frank Licciardi and
hung in the Council Chamber. The
painting is' entitled "New Begin-
ning" and is the first in a series
of seven paintings, "Citizens and
the Flag" which are being com-
¡nissioned hy our Bicentennial by
Dubuque '76 Inc.
Communication of AFL-CIO
Community Services Committee,
addressed to Dubuque Transit Au-
thority, expressing appreciation
for cooperation given in meetings
involving a reduced fare for un-
employed riding Keyllne buses,
presented and read. Councilman
Brady moved that the communica-
tion he received and filed and re-
ferred to the Transit Authority
Seconded by Councilman' Tully.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stacki" Tully, Wertzberger.
Nays-None.
Communication of Peoples Nat-
ural Gas advising of a rate reduc-
tion of 3.51j/ per thousand cubic
feet to all residential and small
volume firm customers, also a re-
duction of 2.14~ per thousand cu-
bic feet for rural customers; in-
crease of 3.94j/ per thousand cuhic
feet to be made to all small vol-
ume interruptible customers effec-
15
tive January 19, 1976 billings, pre-
sented and read. Councilman Stack-
is moved that the communication
be received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communica-tion of Lynn J. &
Mary Jo Beauchamp requesting
recognition of their rights in the
matter of removing a fence from
the city alley behind 1010 Althau-
ser, contrary to recommendation
submitted at the Council meeting
of November 24, 1975, presented
and read. Councilman Stackis
moved that the communication be
received and filed and referred to
the City Manager for proper pro-
ceedings. Seconded hy Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays-Councilman Brady.
Communication of Community
Development Commission submit-
ting minutes of their organizational
meeting held on December 30,
1975, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady,Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Air-
poctCommission submitting min-
utes of their meeting of January 8,
1976, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman Wertzberger.
Carried hy the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Playground &
Recreation Commission submitting
minutes of their meetings of De-
cember 8th and 18th, 1975 and
January 19, 1976, presented and
read. Councilman Stackis moved
that the miliutes be received and
filed. Secouded by Councilman
Wertzberger. Carried by tbe fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
-- ----
16 Special Session, January 26, 1976
Communication of Xavier Hos- present address the Council if
pital indicating concern of the con- they so desire. Seconded by Mayor
dition of streets leading to the Lundh. Carried by the following
Hospital, namely Peru Road, Wind- vote:
sor Ave. and 32nd Streets, pre- Yeas-Mayor Lundh, Councilmen
sented and read. Councilman Brady, Stackis, Tully, Wertzberger.
Stackis moved that the communi- Nays-None.
cation be received and filed. Sec- .
onded by Councilman Wertzher- Terry Trueblood, R~creation Dl-
ger. Carried by the following vote: rector, and JoAn~ SmIth spoke to
. the Councll statmg $6000.00 not
Yeas-Ma~or Lundh, Councllmen needed for program; maybe in con-
Brady, Stack!s, Tully, Wertzberger. flict with Dubuque Symphony,
Nays-None. however, would like to continue
Communication of Wayne A. Mol- the Program.
denbauer submitting a communi- Councilman Brady moved to
cation from Senator John Culver adopt Option "c" of the issue as
relative to promoting programs of presented by the Commissioner of
Historic Preservation and enlisting Recreation Commission and the
Mr. Moldenhauer in tbe field, pre- matter referred hack to the Bud-
sented and read. Councilman get Committee of the Recreation
Stackis moved that the communica- Commission. Seconded by Council-
tion be received and filed and re- man Stackis. Carried by the fol.
ferred to the Historic Preservation lowing vote:
Committee. Seconded by Council- Yeas-Mayor Lundh, Councilmen
!'Ian Tully. Carried by the follow- Brady, Stackis.
mg vote: Nays-Councilmen Tully, Wertz-
Yeas-Mayor Lundh, Councilmen berger.
Brady, Stackis, Tully, Wertzherger. . t" f I D t
Nays-None. m:.:'tm'::~lll~~~fr~n':nen~;¡" Q~~~~;
Communication of Human Rights submitting construction permit No.
Commission submitting minutes of 76-260-S for sanitary sewer exten-
their meeting of January 8, 1976, sion in Mettel-Byrne ~ddition,
presented and read. Councilman Blocks 16 and 17, presented and
Stackis moved that the minutes he read. Councilman Stackis moved
received and filed. Seconded by that the communication be re-
Councilman Wertzherger. Carried ceived and filed. Seconded by
by the following vote: Couucilman Wertzberger. Carried
Yeas-Mayor Lundh, Councilmen by the following vote:
Brady, Stackis, Tully, Wertzberger. Yeas-Mayor Lundh, Councilmen
Nays-None. Brady, Stackis, Tully, Wertzherger.
Communication of Hempstead Nays-None.
Senior High School Springwind
Committee inviting the members
of the Council to attend and par-
ticipate in Springwind on April 28,
1976, presented and read. Council-
man Brady moved that the com-
munication be received and filed
and Mayor Lundh appointed Coun-
cilman Brady to serve. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Recreation
Commission submitting an issue
entitled "Funding for Community
Summer Orchestra," presented and
read.
Councilman Stackis moved to
suspend the rules to let anyone
January 20, 1976
Honorable Mayor and
Members of the City Council
Please be advised that I have
approved a Sidewalk Construction
bond continuation certificate is-
sued to Gilbert Roling, Bond No.
S-729511, effective from 1-18-76 to
1-18-77 by Northwestern National
Insurance Company, and desire to
have your approval of some.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed and approved. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Special Session, January 26,1976
17
Printed Council Proceedings for
tbe month of October, 1975, pre-
sented for approval. Councilman
Stackis moved that the Council
Proceedings be approved as print-
ed. Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 22, 1976
Honorable Mayor
and City Council
I herewith submit the reports
of the City Treasurer, Finance Di-
rector, Water Superintendent,
Heatlh Department, as well as a
Jist of claims paid, for the month
of December 1975.
Gilbert D. Cbavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by tbe fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and Disbursements, also
list of claims for month of Decem-
ber, 1975, presented and read.
Councilman Stackis moved that
the proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 23, 1976
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on the petition of
the First Baptist Church request-
ing reclassification from the R-2
Residential District to the OR-l
Office-Residence District on prop-
erty located, at 3061 Asbury Road.
A petition bearing 492 signa-
tures opposing the reclassification
was received at the public hear-
ing. In addition, several letters of
opposition were also received.
These items are herewith trans-
mitted for your review.
Representatives of the First Bap-
tist Church were present to ex-
press their interest in the OR-l
reclassification. Several other per-
sons who spoke in favor of the
request did so in regard to Sev-
enth Step Foundation's proposal to
occupy the subject property. Com-
mission members expressed sym-
pathy with the aims of the Seventh
Step Foundation but were aware
that their obligation was to con-
sider the implication of the OR-l
District and of tbe range and in-
tensity of use that would be made
lawful in the reclassification. The
Commission has also considered the
long history of zoning deliberations
in that vicinity and the precedents
that have been established in those
earlier cases. The impact of the
proposed reclassification was con-
sidered not only upon the subject
property, but was also considered
the same OR-l District as might
later apply to other vacant prop-
erties in the general vIcinity.
In considering the broader im-
plications of the proposed OR-l
cIlassificatiou, the Planning and
Zoning Commission has deter-
mined that the expansion of that
district is not appropriate to the
Asbury Road-Judson Drive vicinity.
It is the unanimous opinion of the
Planning and Zoning Commission
that the petition of the First Bap-
tist Church should be denied.
You should note that tbe mo-
tion recommending denial of the
petition also contained the Com-
mission's endorsement of the Sev-
enth Step Foundation Program aud
the request that the City assist
in finding a suitable location for
their facility. This motion also
carried unanimously.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved tbat
the communication be received and
filed and recommeudation of de-
nial be approved. Seconded by Ma-
yor Lundh. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
January 23, 1976
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on the petition of
Mr. Cyril Boge requesting a re-
18
Special Session, January 26,1976
classification from R-2 District to
R-3 District on his property at 2349
and 2365 University Avenue. The
property is legally described at Lot
1 of Lot 2 of Lot 222 and Lot 223
in "Finley's Addition in the City
of Dubuque, Iowa."
At the hearing, a petition was
received noting the objection of 14
property owners from within the
block surrounding Mr. Boge's prop-
erty. In addition, several property
owners and their legal counsel
were present to state opposition to
the proposed reclassification.
The Commission has considered
the type of development that
would result from the proposed
reclassification, and had deter-
mined that such development
would have an unfavorable impact
on adjacent residential properties.
It is the opiuion of the Planning
and Zoning Commission that the
R-3 Residential District is not an
appropriate classification for the
subject property at this time.
It is the unanimous recommen.
dation of the Planning and Zoning
Commission that Mr. Boge's peti-
tion be denied.
CITY OF DUBUQUE
PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed and recommendation of
denial be approved. Seconded by
Mayor. Lundh. Carried by the fol-
lowing vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Low-Rent
Housing Commission submitting
minutes of their meeting of Jan-
uary 20, 1976, presented and read.
Councilman Stackis moved that
the minutes be received and filed.
Seconded by Couucilman Wertz-
berger. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of Jan-
uary 21, 1976, presented and read.
Councilman Stackis moved that
the minutes be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dock Commis-
sion submitting minutes of their
meeting of January 14, 1976, pre-
sented and read. Councilman Stack-
is moved that the minutes be re-
ceived and filed. Seconded by
Councilman Wertzherger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Tully took issue
with the Dock Commission min-
utes relative to their ultimation
issued to the City Engineer. Dock
Commissioner Wayne Moldenhauer
responded relative to ultimatum to
City Staff with relation to Mihala-
kis matter as appeared in Dock
Commissiou minutes. Dock Com-
missioner Wm. McEhilliney also
spoke to the issue, and City En-
gineer John White responded.
Councilman Stackis moved to reo
fer Mihalakis situation hack to
staff and come back with a recom.
mendation as to the use of the
land. MOTION DIED FOR LACK
OF A SECOND. Councilman Brady
moved that a communication he
forwarded to the Dock Commission
to proceed as they see necessary
and the City Engineer be instruct-
ed to proceed and answer to the
Council regarding City potential
use of the land and harbor facil-
ities. Seconded' by Councilman
Tully. Carried by the following
vote:
Yeas-Councilmen Brady, Tully,
Wertzberger.
Nays-Mayor Lundh, Council-
man Stackis.
Communication of Dubuque
Dock Commission advising that
they have considered the building
plans for improvement submitted
to them by the Sun Oil Co. and
recommending that same be con-
sidered by the Council as soon as
possible, presented and read. Ma-
yor Lundh moved that the com-
munication be received and filed
Special Session, January 26,1976
and referred to City Manager and
Staff for proper proceedings. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Sun Oil Com-
pany advising of Bulk Plant Im-
provements at 400 East 3rd Street
and as result of the survey have
found that a portion of the ware-
house is on City property and re-
questing vacation, presented and
read. Mayor Lundh moved that
the communication be received and
filed and referred to City Manager
and Staff for proper proceedings.
Seconded by Councilman Tully. I
Carried by tbe following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dubuque
Transit Trustee Board submitting
the minutes of their meeting of
January 8, 1976, presented and
read. Councilman Tully moved
that the minutes be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
-Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of KDTH advis-
ing of arrangements being made
with the Dubuque Packers Base-
ball team to sponsor a free admis-
sion ballgame on July 4th and re-
questing Council permission to
conduct a fireworks display at Pe-
trakis Park after the game, pre-
sented and read. Councilman Stack-
is moved that the communication
be received and filed and approved
and referred to the City Manager
for implementation. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of II. F. Rey-
nolds, Attorney for Arenz Shoe
Company, requesting conclusion of
a claim invoiving moving expenses
incurred at the time the business
cbanged locations in early 1970 as
part of the Urban Renewal Pro-
gram, presented and read. Council-
man Stackis moved that the com,
munication be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Wertz'berger. Carried .by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
NaYS-None.
Notice of Claim of Leonard G.
GuIer, in the amount of $1.28,
for expense incurred in the clean-
ing of his coat wbich was covered
with paint on December 12, 1975
during a painting job at one of the
city owned ramps, presented and
read. Councilman Stacki. moved
that the Notice of Claim be refer-
red to the City Solicitor for investi-
gation and report. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays - None.
Notice of Claim of Tina Richard-
son, in an undetermined amount,
for injuries received while riding
on a Keyline Bus on December 6,
1975, as the result of a coUision
at the intersection of 5th & Locust
St., presented and read. Council-
man Stackis moved that tbe Notice
of Claim .be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Wertzberger. Carried hy the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
berger.
Nays - None.
Notice of Claim of 'Hartford Ac-
cident & Indemnity Co., subrogee
as Workmen'. Compensation, Car-
rier for Kirchoff Distributing Co.
being obligated to pay workmen's
compensation on behalf of Robert
D. Wagner as an employee who
sustained injuries on January 12,
1976 at 431 Rhomberg. Ave., pre-
sented and read. Councilman Stack-
is moved that the notic.e of claim
be referred to the City Solicitor
for investigation and report. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz.
,berger.
Nays - None.
19
20
Special Session, January 26,1976
Communication of Hartford In-
surance serving notice to recover
$3,375.00 for property damages
done in a traffic accident of Ravis
Parker at 16th & Elm Sts. on De-
cember 16, 1975 aUeging operation
of patrol car In a negligent man-
ner, also denial of city claim in
the same accident for car damage
in the amount of $725.14, presented
and read. Councilman Stackis mov-
ed that the communication be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Wertzberger. Car-
ried by the foUowing vote:
yeas - Mayor Lundh, Council-
men Brady, Stackis, TuUy, Wertz-
berger.
Nays-None.
Proof of Puhlication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to amend Zoning Ord-
inance No. 32-75 to provide for
the inclusion of cemeteries, mau-
soleums, columbarians and chapels
as conditional uses, presented and
read. No written objections were
filed at the time set for the hear-
ing. Attorney Mike Meloy repre-
senting Mt. Calvary Cemetery ob-
jected to the wording of the Ord-
inance as presented and written.
Councilman Stackis moved that the
proof of publication be received
and filed. Seconded by Councilman
Brady. Carried ,by the foUowing
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, TnUy, Wertz..
berger.
Nays - None.
AN OiRDINANCE amending and
changing Ordinance No, 32-75
known 'as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa" by repealing Section
4-102.4 of Article IV thereof and
by enacting a new Section 4-102.4
of Article IV in lieu thereof and by
adding a new Subsection (4) to
Section 4-1I8.5 of Article IV to
provide for the inclusion of ceme-
teries, mausoleums, columbariums
and chapels as conditional uses in
each of said respective section,
said Ordinance having been prev-
viously presented and read at the
Council Meeting of January 5, 1976,
presented for final adoption. Coun-
cilman Stackis moved that the Ord-
inance be referred back to the City
Planner. Seconded by Council-
man Brady. Carried by the foUow-
ing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, TuUy, Wertz.
berger.
Nays-None.
Prof of Publication, certified to
hy the Puhlisher of Notice of
Public Hearing to amend Zon-
ing Ordinance No. 32-75 to provide
a change of fees from $25.00 to
$5.00 for application for variance
in said fee table,presented and
read. No written objections, were
filed at the time set for the hear-
ing. Councilman Stackis moved
that the proof of publication be
received and filed. Seconded by
Councilman TuUy. Carried ,by the
foUowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, TuUy, Wertz..
berger.
Nays-None.
ORDINANCE NO. 1-76
An, Ordinance Amending and
changing Ordinance No. 32.75
known as the "Zoning O'rdinan.
ce and Zoning Map of the City of
Dubuque, Iowa" by repealing
Subsection 6 of Section 10.101 of
Article' X thereof and enacting
a new Subsection 6 of Section III-
101 of Article X in lieu thereof
to provide a change of Fees
from $25.00 to $5.00 for applica.
tion, for variance in said Fee
Table,
said Ordinance having been pre-
viously presented and read at the
Council meeting of January 5,
1976, presented for final adoption.
ORDINANCE NO. 1.76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-
75 KNOWN AS THE "ZONING OR-
DINANCE AND ZONING MAP OP
THE CITY OP DUBUQUE, IOWA"
BY REPEALING SUBSECTION 6 OF
SECTION 10-101 OF ARTICLE X
THEREOF AND ENACTING A NEW
SUBSECTION 6 OF SECTION 10-101
OF ARTICLE X IN LIEU THEREOF
TO PROVIDE A CHANGE OF FEES
FROM 125.00 TO 15.00 FOR APPLI-
CATION FOR VARIANCE IN SAID
FEE TABLE
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA,
SECTION 1. Tlut tho "Zoning Otdi-
",nco ,nd Zoning M,p of the City of
Dubuqut, low," bt ,nd the "me ;,
hmby 'm'nded by "p"ling Sub,cotion 6
Special Session, January 26,1976
of Se"ion 10-101 of A"ide X thmof
,od ,",cting , now Sub""ion 6 of Sec-
tion 10-101 of Attide X in litu thmof
" follow",
"ARTICLE X.
S",ion 10-101 SCHEDULE OF FEES
6. Appli"'ion fot V"Ünco 15.00"
P",td, ,pptoved ,nd ,dnp"d thi, 26th
d,y of J,nu"y, 1976.
Alvin E. Lundh
M'ynt
Thorn" A. Tully Jt.
Emil S"cki,
Councilmen
ATTEST,
L,o F. Ftnmmtlt
City Cl"k
Publi,htd offici,lly in tho Ttltg"ph
H",ld Ntwtp'p" thi. 29th d,y of J,n-
noty 1976.
Leo F. Ftommtlt
City Cletk
It 1/29
Councilman Stackis moved final
adoption of the Ordinance. Second-
ed by Councilman TuUy. Carried by
tbe following vote:
Yeas - Mayor Lundh, Council-
men Stackis, TuUy.
Nays-Councilmen Brady, Wertz-
berger.
January 23, 1976
Honorable Mayor and
City Council
Tbe City of Duhuque Planniug
and Zoning Commission has held
a public hearing to consider C-3
Arteria! Business Commercial Dis-
trict classification on territory reo
cently annexed to the City of Du-
buque, Iowa. The property is com-
monly known as the Dave Powers
Ford, Inc. property and is legaUy
described as follows:
"Lot 2 of Lot I of Dubuque
Homes Ceuter Grove Place; and
Lot 2 in Dubuque Center Grove
Place No.2; and Lot 2 of Lot 1
in Dubuque Homes Center Grove
Place No.2, aU in Section 26,
Township 89 North, Range 2 East
of the 5th Principal Meridian,
Dubuque Township, Dubuque
County, Iowa, consisting of 5.029
more or less; and aU of that part
of the right-of-way of U.S, Pri-
mary Highway 20 in the North
'"' of the Southeast Y4 of Section
28, Township 89 North, Range 2
East of the 5th Principal Merid.
ian, Dubuque Township, Dubu-
que County, Iowa, from Station
2363 + 17.4 westerly to Station
1247 + 38, as shown upon the
21
official highway record, ca. 1949,
and consisting of 16.182 acres."
The Commission has determined
that the C-3' Arterial Business
Commercial District is the approp-
riate zoning classification for this
property and recommends your
favorable consideration of the at.
tached Ordinance.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man TuUy. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, TuUy, Wertz-
berger.
Nays - None.
AN OiRDINANCE amending and
changing Ordinance No. 32.75,
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa", which amendment
shan zone and classify territory
recently annexed to the City of
Dubuque, Iowa, in Dubuque Homes
Center Grove Place, in a C-3 Arter-
ial Business Commercial District,
(Dave Powers Ford Inc. property),
presented and read. Councilman
Stackis moved that the reading just
had be considered the first read-
ing of the Ordinance. Seconded .by
Councilman TuUy. Carried by the
following vote:
Yeas - Mayor Lundh, Council.
men 'Brady, Stackis, TuIly, Wertz.
berger.
Nays - None.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, ,be dispensed
with. Seconded by Councilman Tul-
ly. Carried ,by the foUowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, TuUy, Wertz-
berger.
Nays - None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on February 16, 1976,
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
the City Clerk be instructed to pub-
lish notice of the hearing in the
-~..~. --
-~--
22
Special Session, January 26,1976
manner required by law. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men 'Brady, Stackis, Tully, Wert..
berger.
Nays - None.
Petition of Muscular Dystrophy
Ass'n. xequesting permissio'n to
conduct a Mother's March on Sun-
day, February 8, 1976, presented
and read. Councilman Stackis mov-
ed that the petition be approved
and referred to the City Manager
for implementation. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert..
berger.
Nays-None.
Petition of Jack C. Jones Exca-
vating requesting permission to ex-
cavate at 637 Dodge to shut off
water service, presented and read.
Councilmau Wertzberger moved
that the request be approved. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, wert..
berger.
Nays - None.
Petition of C. Clark requesting
refund of $25.00 variance fee paid
for the ,building at 2119 Rhomberg
Ave., and not used, presented and
read. Councilman Stackis moved
that the refund be granted and
City Auditor directed to issue prop-
er warrant. Seconded hy Council-
man Wertzberger. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert..
berger.
Nays - None.
Petition of Northeast Iowa Chap-
ter of March of Dimes requesting
permission to conduct their annual
Walk-A-Thoo on April 3, 1976,
presented and read. Councilman
Stackis moved that the petition be
approved and referred to the City
Manager for implementation. Sec-
onded by Councilman Tully. Car-
ried hy the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert..
berger.
Nays - None.
Petition of Colt .~5 Drum &
Bugie Corps requesting permission
to have a representative present
when the Council conducts the
workshop in conjunction with the
Community Development Program,
presented and re'ad. Robert Bue-
low, representative of Colt .45,
spoke to the Council stating they
are not included in Community De-
velopment; 600 to 700 people have
gone thru their organization; Been
in existence for 13 years; Meet re-
quirements in low income areas
and help moderate and low income
families through their organiza-
tion. Councilman Stackis moved
that the petition of Colt .45 he re-
ferred to Mr. Gent Wittenberg and
he be directed to seek written
opinion from the Federal author-
ities as to the possible inclusion
of other organizations and activ-
ities. Seconded hy Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert..
berger.
Nays-None.
January 16, 1976
Honor.ble Mayor
and City Council
This is to advise you that the
City of Dubuque Water Works
Modernization has 'been substan-
tially completed in accordance with
the City of Dubuque plans and
specifications.
I, therefore, recommend the ac-
ceptance of the above named proj-
ect.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received 'and
filed. <seconded by Councilman
Wertzber,ger. Carried by the fol-
lowiug vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert..
berger.
Nays-None.
FINAL ESTIMATE
RESO'LUTION, NO. 11.76
WHEREAS, the contract for the
City of Dubuque Water Works
Modernization has been completed
and the City Engineer has submit-
ted his final estimate showing the
cost thereof including the cost of
estimates, notices, inspection, and
Special Session, January 26, 1976
preparing the assessment and plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to he
$558,200.18.
That $0 of the cost thereof shall
be assessable upon private prop-
erty and $558,200.,18 shall be paid
from the Water Dept. Const. #85
Fùnd of the City of Dubuque.
,passed, 'adopted and approved
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Cou!lcilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
rled by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Sitackis, Tully, Wertz-
berger.
Nays - None.
(A Resolution Accepting Improve.
'me'nrt)
RESO'LUTION NO. 12.76
WHEREAS, the contract for the
City of Dubuque Water Works
'Modernization has 'been completed
and the City Manager hasexamin-
ed the work and filed his certifi-
cate stating that the same has 'been
completed according to the terms
of the contract, plans and specifi-
cations and recommends its accep-
tance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager ,be approved and that
said improvement ,be and the same
is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Water Dept.
Const. Fund #85 in amount equal
to the ,amount of his contract, less
any retained percentage provided
for therein.
23
Passed, adopted and approved
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman <Stackis moved adop-
tion of the resolution. Seconded ,by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert..
berger.
Nays - None.
RESOLUTION NO. 13.76
Redesignatlon of the Low.Rent
Housing Commission as the Hous.
i'ng Comm,ission of the City of
Dubuque
WHEREAS, pursuant to Resolu-
tion No. 244-70 adopted the 17th
day of August, 1970, the City of
Dubuque elected to have its
municipal housing powers 'as de-
fined in Chapter 4O3A of the Code
of Iowa, as amended, exercised -by
its City Council and by said City
Council through a Board of Com-
missioners; and
WHEREAS, there was created
putsoantto said Resolution No.
244-70 a Low-Rent Housing Com-
mission of the City of Dubuque
with a Bo'ard of Commissioners to
assist in the development and im-
plementation of a municipal hous-
ing program; and
WHEREAS, the designation of
the said Commission as a Low-Rent
Housing Commission does not ap-
propriately describe the overall re-
sponsibility of the said Commission
to 'accommodate the housing needs
of all residents within the commu-
nity; now therefore
BE IT RESOLVED BY THE
ŒTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION!. That the designa-
tion of the "Low-Rent Housing
Commission" of the City of Dubu-
que is hereby changed to the
"Housing Commission" of the City
of Dubuque.
all in accordance with instructions
covering such transactions as pro-
videdby the Department of Hous-
ing and Urban Development, Unit-
ed States of America.
SECTION 3. That a meeting of
the Council of the City of Duhuque
shall be held after the bid open-
ing date of February 18, 1976, to
adopt such resolution or resolu-
tions necessary for the consum-
mation of the sale of Project Notes
(First Series 1976) to the lowest
bidder or bidders.
Passed, 'approved and adopted
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest: Leo F. Frommelt
City Clerk
EXHIBIT "A"
City of Dubuque
(Name of Local Issuing Agency)
Sealed proposals will be received
by the City of Dubuque (herein
called the "Local Issuing Agency")
at Council Chambers, City Hall,
13th and Iowa in the City of Du-
buque, State of Iowa, until, and
publicly opened at, 1:00 o'clock
P.M. (E.S.T.) on February 18, 1976,
for the purchase of $463,000 of
Project Notes (j!'irst Series 1976),
heing issued to aid in financing its
project(s) as follows:
Amount Series Maturity
$463,000 First - 1976 July 23, 1976
The Notes will be dated March
19, 1976, will be payable to bearer
on tbe Maturity Date, and will bear
interest at the rate or rates per
annum fixed in the proposal or
proposals accepted for the pur-
chase of such Notes.
All proposals for the purchase of
said Nates shall 'be submitted in a
form approved by the Local Issu-
ing Agency. Copies of such form
of proposal and information con-
cerning the Notes may be ohtain-
ed from the Local Issuing Agency
at the address indicated above. De-
tailed information with respect to
the conditions of this sale may be
obtained from the February 3, 1976
issue of The Daily Bond Buyer.
City of Dubuque, Iowa
By Leo F. Frommelt,
City Clerk
24
Special Session, January 26,1976
Passed, approved and adopted
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
Emil Stackis
Councilmen
Attest: Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
yeas - Mayor Lundh, Council-
men Stackis, Tully, Wertzberger.
Nays - Councilman Brady.
RESOLUTION NO. 14.76
Authorizing the Publication of
Notice of Sale of Project Notes
(First Series 1976) and the Re.
ceiving of Proposals for the
Sale of said Notes for the Down.
town Renewal Project, Iowa oR.
15
WHEREAS, under date of July
26, 1967, the City of Dubuque en- I
tered into a loan and Capital Grant
Contract for the undertaking of
the Downtown Urhan Renewal
Project, Iowa R-15; and
WHEREAS, under date of July 3,
1972, the Council of the City of
Dubuque adopted Resolution No.
213-72 authorizing to be issued,
from time to time, Project Notes
in Connection with the Downtown
Urban Renewal Project, Iowa R-15;
and
WHEREAS, there is outstanding
and payable to the United States
af America a Project Note in the
amount of $477,114.37; and
WHEREAS, in order to refinance
a portion of said outstanding Proj-
ect Notes, it is necessary for the
City of Dubuque to sell Project
Notes (First Series 1976) totaling
$463,000; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION 1. That the City Clerk
be and he is hereby authorized and
directed to publish according to
law, "Notice of Sale-'Project Not-
es" in the form of Exhibit "A"
attached hereto and made a part
hereof.
SECTION 2. That the City Clerk
be aud he is hereby authorized and
directed to accept and tabulate
proposals for the sale of said notes
and to send telegrams of accept-
anCe to the low bidder or bidders
Special Session, January 26, 1976
Councilman Wertzberger moved
adoption of the resolution. Second-
ed ,by Councilman Stackis. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - J:'iTone.
January 23, 1976
Honorable Mayor
ánd City Council
I hereby submit an agreement
with the Iowa Department of
Transportation for the repaving of
Jackson Street. This agreement al-
lows for the use of Federal AId
to Urban Systems funds for 70%
of the total project cost.
The project consists of an as-
phalt overlay from 12th to Dia-
moud, with new traffic signals at
29th and 32nd Streets.
Gilbert D. Chavenelle 'I
City Manager
Councilman Tully moved that
the communication be received and
filed and approved. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
RESOLUTION NO. 15.76
Resolution authorizing Execution
of Agreement between City of
Dubuque, Iowa and Iowa Depart.
ment of Transportation relating
td the repaving of Jackso'n Street
from 12th Street to Diamond
Street.
That the Mayor and City Clerk
be and they are hereby authorized
and directed to exècute agreement
number 75-1"-074 with the Iowa De-
partment of Transportation, two
copies of which are attached, relat-
ing to the repaving of Jackson
Street from 12th Street to Diamond
Street.
Passed, approved, and adopted
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. ,Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Tully moved adop-
25
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas -Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
January 22, 1976
Honorable Mayor
and City Council
I hereby submit the plans and
specifications to extend sanitary
sewer service on John F. Kennedy
Road up to 32nd Street. Attached
is a copy of the petition requesting
the improvement.
It is to be noted that the City
Engineer has designed the sewer to
be constructed in the John F. Ken-
nedy right-of-way instead of being
placed to the rear of the homes as
requested in the petition. This was
done because of the fact two prop-
erty owners (petitioners) would not
grant easements for said sewer.
Gilbert D. Chavenelle
City Manager
Councilman 'Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried 'by the fol-
lawing vote:
Yeas - Mayor Lundh, Council-
men Brady, 'Stackis, Tully, Wertz-
berger.
Nays - None.
January 15, ,1976
Honorable Mayor
and City Council
I hereby submit the attached
sbeet showing a schedule of the
praposed valuations and asses,,"
ments for the construction of the
8 inch John F. Kennedy Road San-
itary Sewer Extension, East Side,
near West 32nd Street.
John L. White, iP.E.
City Engineer
Councilman Stackis moved tbat
the communication be received and
filed aud approved. Seconded by
Councilman Wert.berger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
RESOLUTION NO. 16-76
Appraval of preliminary esti-
mate, proposed plans, specifica-
tions, form of contract, plat and
all other documents for the con-
struction of J. F. KENNEDY ROAD
26
Special Session, January 26,1976
&ANlTAŒtY SEWER EXTENSION,
EA:ST SIDE, at an estimated cost
of $5,788.00.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
James E. -Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wert..
berger.
Nays - NoM.
(Necessity for Improvement)
RESOLUTION NO. 17.76
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque and
are now on fil" in the office of the
City Clerk showing among other
things the following:
1. The size and kind of s"wers.
2. Each lot proposed to ,be assess.
ed. together, with a valuation fixed
by the council.
3. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
4, In each case the amount there-
of which is estimated to be assess.
ed against each lot, for the John
F. Kennedy Road Sanitary Sewer
Extension, East Side.
BE IT THEREFORE RE&OLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisahle
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk <>bjections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there.
fore ,by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same ahuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferr"d
thereby, and any deficiency shall
be paid out of the sewer funds.
Sewer Bonds shall be issued and-
Sold in anticipation of deferred
payments of assessments. when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be asseSs-
ed to and paid by the railway com-
pany.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
26th day of January, 1976.
Approvedand placed on file for
final action.
Alvin E, Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
James E. Brady
Councilmen
Att"st: .
Leo F. Frommelt,
City Clerk'
C<>uncilman Stackis moved ap-
proval of the r"solution. Seconded
by Councilman Wertzberger. Car-
ried by the following v<>te:
Yeas - Mayor Lundh, Council-
men Brady, stackis, Tully, wert..
herger.
Nays - None.
(Fixing date of hearing)
RESOLUTION NO. 18.76
WHEREAS, the City Council of
the City of DUbuque, Iowa, has by
Resolution No. 16-76 given itspre-
liminary 'approval 011 the proposed
plans, specifications and form of
contraet and placed same on file
Special Session, January 26,1976
in the office of the City Clerk for
public inspection, for the John F.
Kennedy Road Sanitary Sewer Ex-
tension, East Side and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improve-
menthas been introduced and is
now on file in the City Clerk's of.
fice for public inspection,
BE IT THEREFORE RESOLVED
that on the 16th day of February
1976, a public hearing will be held
at 7:30 o'clock P.M. -C.s.T. in the
Council Chamber in the City of
Dabuque at which time the owners
of property subject to assessment
for the proposed improvement may
appear and make <>bjection to the
proposed ,plans and specifications
and proposed form of ,contract and
at the same time to the ,boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to 'be assessed
against any lot and to the passage
of the proposed Resolution of
Necessity and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to be published in
some newspaper pablished in the
city of Dubuque, the last of which
shall be not less than 10 days prior
to the day fixed for its considera-
tion and unless pr<>perty owners at
the time of final consideration of
said resolution have on file with
the Clerk objections to the amount
of the proposed assessment, they
shall have been deemed to have
waived all ,objections thereto, at
which hearing the Council will
hear such objections and enter on
record its final decision thereon.
Passed, adopted and approved
this 26th day of January, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
James E. Brady
Councilmen
27
RESOLUTION NO. 19-76
BE IT RESOLVED, by the City
Council of the City of Dabuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, he granted a permit to sell
Cigarettes and CigareMe Papers
within said City.
Richard J. Ring, Maid Rite Cafe,
1015 West l11th Street
Steve J. Smith, Gomers Bar ~My-
Cap Vendors), 1105 University
Ave.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Tully. Carried ,by the
following vote:
Yeas- Mayor 'Lundh, Council-
men Brady, Stackis, TuIly, Wert..
berger.
Nays - None.
RESOLUTION NO. 20-76
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same here .been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dabuque, Iowa, that the fol-
lowing applications be granted and
permits issued upon the compli-
ance with the terms of the Ordin-
ances of the City.
CLASS "C" BEER PERMIT
Thompson's Food Markets, Inc.,
Oky Doky #9, 51 West 32nd St.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. TuIly Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Conncil-
men Brady, Stackis, Tully, Wert..
berger.
Nays - None.
Attest:
Leo F. Frommelt,
City Clerk
28
Special Session, January 26,1976
Couucilman Stackis moved adop-
tion of the resolutiou. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 21.76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to ,be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper ,bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to he issued to the following
named applicants a Beer permit.
CLASS "C" BEER PERMIT
Thompson's Food Markets, Inc.,
Oky Doky #9, 51 West 32nd st.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tiou of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, ,stackis, Tully, Wertz-
berger.
Nays - None.
RESOLUTION NO. 22.76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General Aß.
sembly.
CLASS "C" (COMMERCIAL) BEER
AN,D LIQUOR LICENSE
Steve Smith, "Gomers Bar", 1'105
University Ave.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Counci!man Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
RESOLUTION NO. 23.76
WHEREAS, applications for Liq-
uor Licenses were filed hy the
within named applicants and they
have received the approval of this
Council. and
WHEREAS, the premises to he
ocupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED 'by the City. Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicauts a Liquor License.
CLASS "C'" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Steve Smith "Gomers Bar", 1105
University Ave.
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. TUlly Jr.
Richard Wertzherger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, January 26, 1976
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
RESO'LUTION NO. 24.76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have ,been examined,
NOW THEREFORE BE IT RE-
SOLVED hy the City Council of
the City Of Dubuque, Iowa, that
the following applications be ap-
proved and Licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Thomas Andresen "Avenue Top"
1030 University Ave.
Josephine Burke El Toro Lounge,
1445 Central Avenue
Passed, adopted and approved
this 26th day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
GouncilmanStackis moved adop-
tion of the resolution. ,seconded by
Councilman Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
RESOLUTION NO'. 25-76
WHEREAS, applications for Liq-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to ¡be
ocupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
29
NOW THEREFORE 'BE IT RE-
SOLVED 'by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named appli-
cants a Liquor License.
CLASS "C~' (COMMERCIAL) BEER
AND LIQUOR LICENSE
Thomas Andresen "Avenue Top"
1080 University Ave.
Josephine BurkeEI Toro Lounge,
-1445 Central Avenue
Passed, adopted and approved
this 26th. , day of January 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F.Frommelt
City Clerk
Councilman Stackis moved adop-
tiori of the resohition. Secorided
by Councilman Tully. Carried hy
the following vote:
Yeas - Mayor Lundh, , ë"uncil-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
At 10:16 P.M. Councilman Tully
moved to go into Executive Session
to consider appointments to var-
ious Boards and Commission. Sec-
onded ,by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays - None.
Council reconvened in Regular
Session at 10:25 P.M.
Mayor Lundh announced the fol-
lowing appointments to the Rehab-
ilitation Commission: Harold L.
Moldt Jr., General Contractor, ex-
piring 1977; Richard M. Strub, Re-
modeling Contractor, expiring
1978; Wm. J. Herrig, Building
Trades-Labor Organization, expir-
ing 1979; and Karen I. Winter, at
Large, expiring 1979. Councilman
Stackis moved ratification of the
appointments. Seconded by Coun-
cilman Brady. Carried ,by the fol-
lowing vote:
Yeas - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger.
Nays-None.
Regular Session, February 2, 1976
CITY COUNCIL
OFFICIAL
Regular Session, February 2,
1976.
Council met at 7:30 P.M. (C.S.T.)
Pres~nt - Councilmen Brady,
Stackis, Tully, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent-Mayor Lundh.
Mayor Pro-Tem Stackis read the
caU and stated that service there-
of had been duly made and this is
the Regular Monthly Meeting of
the CouncilcaUed for the purpose
of acting upon such business as
may properly come before the
Meeting.
Mayor Pro-Tem Stackis signed
proclamations declaring the week
of February 22, 1976 as "Sertoma's
Freedom Week in Duhuque" and
February 15, 1976 as "Susan B;
Anthony Day" in rememherance of
the pre-eminent leader of the Wom-
an Suffrage Movement.
Communication of Iowa Depart-
ment of Environmental Quality
confirming their intention to be
present at the meeting to make a I
presentation on air poUution and
city leaf burning,' presented and
read. Councilman TuUy moved to
suspend the rules to let anyone
present address the Council if they
So desire. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yea~Mayor Pro-Tem Stackis,
Councilmen Brady, TuUy" Wertz-
berger.
Nays-None.
;' 'Absent-Mayor Lundh.
Mr. Joseph Lynch of the Iowa
D:E.Q. presented a short film and
graphs showing the air poUution
caused by leaf burning during dif-
ferent times in the summer and fan
of 1975, in Des Moines, Iowa. Coun-
cilman Wertzberger moved that
the" communication of Iowa De-
partment of Environmental, Qual-
ity be referred to the City Maua-
ger and Health Department for
investigation. Seconded by Council-
man' Brady. Carried hy the foUow-
ing vote:
Yeas-Mayor Pro-Tem Stackis,
Councilmen Brady, TuUy, Wertz-
berger.
Nays-None.
Absent~Mayor Lundh.
Communication of Dubuque Fed-
eration of Labor advising appoint-
ment òf Mr. Floyd Whitney to
represent Labor on the Commun-
ity Development Commission and
requesting Council concurrence,
presented "and read. Councilman
TuUy moved that the communica.
tion be received and filed and re-
ferred to Council. Seconded by
Councilman Wertzberger. Carried
by the foUowing vote:
Yeas-Mayor Pro-Tem Stackis
Councilmen Brady, TuUy, Wertz-
berger. '
Nays-None.
Absent-Mayor Lundh.
Communication of Fenelon Place
Elevator Co. advising a fare in-
crease to cover increased opera
tional cost effective March 1,
1976, presented and ròad. Council-
man Wertzberger moved that the
communication be received and
filed. Seconded by Councilman
TuUy. Carried by the following
vote:
. Yeas-Mayor Pro-Tem Stackis,
Councilmen Brady, Tully, Wertz-
berger.
Nays-None.
Absent-Mayor Lundh.
Communication of DUbuque Trans-
it Trustee Board submitting min-
utes of their meetings, of January
20th and 22nd, 1976, presented and
read. Councilman TuUy moved that
the minutes be received and filed.
Seconded by Councilman Wertz-
berger. Carried by the foUowing
vote: .
Yeas-Mayor Pro-Tem Stackis
Councilmen Brady, TuUy, Wertz.
berger.
Nays-None.
Absent-Mayor Lundh.
Communication of Karen S. Ryker,
addressed to the TV Advisory Com-
mission, submitting her resignation
as of January 21, 1976, presented
and read. Councilman TuUy moved
thrut the communication be re-
ceived and filed and resigqation
accepted with regret. Seconded
by Councilman Wertzberger. Car-
ried by the foUowing vote:
Yeas-Mayor Pro-Tem Stackis,
Councilmen Brady, TuUy, Wertz-
berger.
Nays-'None.
Absent-Mayor Lundh.
Communication of Dubuque Child
Care lric. advising that they have
31
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