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