1976 May Council Proceedings
Regular Session, May 3, 1976
CITY COUNCIL
OFFICIAL.
Regular Session, May 3, 1976.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Lundh, Coun-
cilmen Brady, Stackls, Tully,
Wert.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 pur-
pose of acting upon such bnsiness
I)S may properly come before the
Meeting.
The following proclamations
Were signed by Mayor Lundh and
I)pproved: Week of May 9th thru
15th as "Foster Children Week";
Week of May 9th to 15th as "His-
toric Preservation Week;" Week
of May 10th to 16th as "National
Salvation Army Week"; Months of
May thru August as "Job For Stu.
dents Months"; and Week of May
'9th to 15th as "Small Business
Week."
Proof of Publication, certified to
by' the Publisher, of List of Re,-
ceipts and Expenditures, also list
of claims paid for the month of
March, 1976, 'presented and read.
Councilman Tully InOved that the
proof of publication be ,received
ànd filed. Seconded by Councilman
Wertzberger. Carried by the fol.
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
April 21, 1976
Honorable Mayor and Members
of the City Council
In accordance with the provi-
sions of Chapter 400 of the 1975
Code of ,Iowa, the Civil Service
Commission is hereby submitting a
second list of persons eligible for
BUS OPERATOR positions. The
following persons were tested on
July 29, 1975, constituting a sec.
ond list, because the first list of
ten submitted at the Council
meeting of August 11, 1975 has
been exhausted.
NAME
Sodawasser, Russell L. .........,..80%
Chapman, David J. ...............".80%
Lynn, William J. ..."...............,.80%
201
Kueter, Stanley W. ..................78%
Adrian, Lawrence J. ................74%
Heber, David J. ........................74%
Frey, Gleu J. ............................70%
Locher, James A. ......................70%
Miller, David M. ......................70%
Sr. Carolyn Farrell
Chairperson
Raymond E. Harris
John E. Hess
Commissioners
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 27th day of April 1976.
Z. D. Hanteimann
Councilman Wertzberger moved
that the communication be reo
ceived and filed and made a mat.
ter of record. Seconded by Coun.
cilman Tully. Carried by the fol,
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Rehabilitation
Commission submitting minutes of
their meeting of April, 27, 1976,
presented and read. Councilman
Tully moved that the minutes be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
. Communication of Community
Development Coordinator advising
that arrangements have been made
to utilize land at the Municipal
Airport for a practice field for the
Colt .45 organization, presented
and read. Councilman Wertzberger
moved that the communication be
received and ,filed and Commission
commended for assistance. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Advisory
Commission submitting recommen.
dations relative to the Uniform
Pricing Code, presented and read.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if
they so desired. Seconded by Coun.
éilman Tully. Carried by the fol.
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Iow.aSportsmen Fed-
eration Inc. (193 signers) urging
the Council to refrain from pass-
ing any additional legislation on
existing State and Federal gun
control laws, presented and read.
Councilman Stackis moved that
the petition be received and filed
and referred to Council. Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Police Chief
O'Brien requesting an opportunity
for Mr. Franklin Presley to appear
for a hearing on his liquor license
at the Broken Spur Tavern, due to
the fact that he has departed
fròm the community, and if he
fails to appear the license to be
revoked by the Council, presented
and read. Councilman Wertzberg-
er moved that the Public Hearing
be set for May 17, 1976 at 7:30
o'clock in the Council Chambers
at City Hall. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Regular Session, May 3, 1976
April 28, 1976
203
202
Regular Session, May 3, 1976
Yeas-Mayor Lundh, Councilmeu
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Alan Spensley aud Howard Ha-
gen of the Advisory Commission,
spoke relative to the communica-
tion.
Councilman Stackis moved that
the communication of Advisory II
Commission be received and filed
and referred to Council for a work
session to be held on May 12, 1976,
at 7:30 o'clock P.M. in the Council
Chambers at City Hall. Seconded
by Councilman Tully. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Consumer Affairs
Committee, Locai 94 UA W (3135
siguatures) requestiug appropriate
legislation be enacted requiring
individual pricing in Arabic nu-
merals on all retail commodities
offered for sale in outlets using
scanner systems, presented aud
read. Councilman Stackis moved
that the communication be re-
ceived and filed and referred to
Council for a work session to be
held on May 12, 1976, at 7:30
o'clock P.M. in the Council Cham-
bers at City Hall. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Ad- .
visory Commission submitting min-
ntes of their meetings of March
23rd and April 27th, presented
and read. Councilman Stackis
moved that the minutes be re-
ceived and filed. Secouded by Ma-
yor Lundh. Carried by the follow-
ing vote: .
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Donald E.
Deich Sr., as Chairman of Codes
and Ordinance Committee on the
subject of gun controi, along with
a copy of Citizens Advisory Com-
mission minntes of meeting of
April 6th, presented and read.
Don Deich addressed the Council
relative to the communication.
Councilman Stackis moved that
the communication be received
and fikd and referred to Council.
Seconded by Mayor LUIldh. Car-
ried by the following vote:
can be done by measuring from a
known and identified point or
line whieh has been established by
survey. In some instances, howev-
er, the measuring point cannot be
identified or is uncertain. These
situations require surveying as-
sistance.
3. I think that buildings can
be properly located and error di-
minished by the location taken by
the Building Inspeetion Depart-
ment.
First, in the case of any uniden-
tifiable or uncertain point of meas-
ure, the city engineering depart-
ment wiU establish the point or
line. A fee will be charged to the
permittee for this service.
Second, a building permit is re-
quired before the start of con-
struction work, consequently,
building iocations can be checked
before irreparable instaUations
are made. In order to reinforce
this proposition, Mr. Feyen has
sent a notice to aU contractors. I
have attached a copy of his notice
dated April 16th.
Gilbert D. ChaveneUe
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and ftied and the efforts of
the Building Department to be
recognized. Seconded by Council-
man TuUy. Carried by the foUow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
April 23, 1976
Honorable Mayor and
City Councilmen
Re: Evelyn H. Dow, et ai, VS.
City of Dubuque, Iowa.
On January 2, 1972, piaintiff,
Evelyn H. Dow, conservator of the
property of Jeffrey Dow, a minor,
commenced an action against the
City of Dubuque, Iowa, and R. H.
Muellich eiaiming damages in the
amount of $12,292.50 in two sepa-
rate counts aUeging that the City
of Dubuque was negligent in al-
lowing snow and ice to accumulate
and remain on the erosswalk, and
in failing to apply an abrasive ma-
terial on the accumulation of ice
and snow on said crosswaik, and
aUeging negligence on the part of
the defendant, R. H. Muellich,
claiming that said defendaut was
April 28, 1976
Honorable Mayor
and City Couneil
I am returning to you Mrs. Kief-
er's letter and the petition for
street lights on White Street be-
tween 22nd and 24th.
The electrical inspector has rec-
ommended placing two 4,000 lu-
men ineandescent fixtures at the
property line of 2243 and 2345. A
copy of his letter is attached.
The recommendation for the in-
candescent lamp instaUation is
made so that the color of the lights
wiU blend with the existing lights,
and further a two light instaUa-
tion is recommended because we
are not now prepared to rebuild
the lighting in the entire area.
Gilbert D. ChaveneUe
City Manager
Councilman Staekis moved that
the communication be received
and ftied and recommendation be
approved. Seconded by Councilman
TuUy. Carried by the foUowing
vote:
Yeas-Mayor Lundh, Couneilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
April 29, 1976
Honorable Mayor
and City Council
I am returning to you Mayor
Lundh's written request to discuss
an ordinance requiring a certified
survey plat for improvements on
aU properties as a condition of an
occupancy permit. You recaU that
the purpose of the proposal was
to eliminate or decrease the possi-
bility of a building being construct-
ed in error so as to extend beyond
the property line. This matter was
referred to the Building Code
Board of Appeals.
The Board did meet and has in-
dicated that we continue with our
present procedure and improve it.
The Board report is contained in
th.. attached letter from Mr. Fey-
en, dated April 12th.
By way of explanation may I
expand on the Board's report.
1. A land survey by a registered
land surveyor is required to es-
tablish property lines. It is not a
requirement that a registered
land surveyor or engineer locate
a building on a plot of ian<!.
2. City building inspectors check
aU building locations. UsuaUy this
Honorable Mayor
and City Council
I am returning to you the peti-
tion of James and Barbara Aird
for the purchase of an undevel-
oped section of Burden Street. 1
recommend that the petition be
denied.
In support of this recommenda-
tion, I submit a copy of a letter
from the City Engineer in which
he explains that the Burden Street
section is an access way to a iacge
undeveloped area and consequent-
ly the right of way shouid be re-
tained.
Gilbert D. ChaveneUe
City Manager
Councilman Brady moved that
the communication be received
and filed and recommendation of
denial be approved. Seconded by
Councilman Wertzberger. Carried
by the foUowing vote:
Yeas-Councilmen Brady, Stack-
is, TuUy, Wertzberger.
Nays-None.
Abstain-Mayor Lundh.
204
Regular Session, May 3, 1976
Regular Session, May 3, 1976
205
negiigent in cansing snow and ice
and slush to be deposited and
plowed in and upon the vicinity
of the south crosswalk of West
Locust Street, and the West cross-
walk of West 17th Street, and that
as a result of said respective acts
of negiigence the Plaintiff, a
minor, suffered personal injury
consisting of multiple fractures of
the bones of the right ankle and
the right leg, and also al!eging
future pain and suffering.
That the said matter was re-
ferred to the City Attorney who
interposed the appropriate de.
fenses for and on behalf of the
City of Dubuque, and on the 28th
day of October, 1975, said cause
was ready for trial at which time
the plaintiff made an offer of set-
tlement to the City of Dubuque,
Iowa, in the amount of $1,000.00
and on the strength of the repre-
sentation of the City Attorney's
office the aetion was dismissed
against the City of Dubuque.
Said action resulted in a ver-
dict in favor of the defendant,
and the said matter is now pending
on appeal to the Snpreme Court
of Iowa.
It is recommended that the of-
fer of settlement of $1,000.00 be
approved and ratified and that the
City Auditor be instructed to
draw warrant payabie to Evelyn
H. Dow, conservator of the prop-
erty of Jeffrey Dow, a minor, and
transmit the same to the City At-
torney for deiivery upon receipt
of the duly executed releases in
this matter.
Copy of Petition with copy of
original notice attached is here-
with returned-
R. N. Russo
City Attorney
Councilman Stackis moved that
the communication be received
and filed and recommendation of
settlement be approved. Seconded
hy Councilman Tul!y. Carried by
the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
Proof of Pubiication, certified
to by the pubiisher, of Notice of
Public Hearing on proposed water
rates, presented and read. No
written objections were fited at
the time set for the hearing. Jim
I E. Ryan of Ryan Carwash objected
to proposed water rates. Bob Dor-
othy stated surcharge idea is dis-
criminatory; Waste occurs at the
domestic level and not at the com-
merciai level; Poor time to impose
increased cost on business in Du-
buque. In his estimation Plan #1
was the best rate pian at this
time. Jim Conlon of Key City Plat-
ing advised if rates go up, they
wi!! be forced out of business and
possibly move into the County.
Councilman Tul!y moved that the
proof of pubiication be received
and fited. Seconded by Council-
man Wertzberger. Carried by the
fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
ORDINANCE NO. 15.76
AN ORDINANCE FIXING AND
ESTABLISHING RATES TO BE
CHARGED FOR THE FURmS~
ING OF WATER FOR RESIDEN-
TIAL, COMMERCIAL, INDUSTRI-
AL AND OTHER USES AND PUR-
POSES, WITHIN AND WITHOUT
THE CITY OF DUBUQUE, IOWA,
PRESCRIBING A PENALTY FOR
VIOLATION HEREOF, AND RE-
PEALING ORDINANCE NO. 64-68,
said Ordinance having been pre-
viously presented at the Couneil
meeting of April 19, 1976, and
was on fite two meetings prior to
date of final adoption, presented
for final adoption.
Councilman Wertzberger moved
that pian #1 of the two proposed
ordinances as previously presented
be considered for adoption. Sec-
onded by Councilman Stackis. Car-
ried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Wertzberger.
Nays-Councilmen Brady, Tul!y.
ORDINANCE NO. 15.76
".idend.I, comme"..I, indnmi.1 ..d
other no" ..d p",po." by "y p,,"on,
Hcm oc cocpomion .upplying W"et witb.
in cb, City of Dnbnque, low., .h.11 be
..d they." fixed .nd d"ccminod "
follow",
(.) W"et m" foe n"" within the
City of Dubuqne, low., who" m"e"
"e ",d Monthly, ,h.ll be " follow",
Fi", 200 cubic feet pet month 12.00;
Next 800 cnbic fe" pet month .75 pet
hnnd"d cnbit £0,,; Next 2,000 cubic
fe" pet month .70 pe, hnnd"d cubic
feet; Next 12,000 cnbit fe" pet month
.60 pet hnnd"d cnbie feet; Next 35,000
cubit fe" per month .50 pet hund"d
cubic feet; Next 50,000 cnbic f", pet
month .43 pet hnnd"d cubic to,,; Om
100,000 cnbit fe" per month .38 pet
hnnd"d cnbic feet.
The Minimnm monthly ch"g' ",ocd-
ing to .ize of m"'", .h.ll be " fol-
low"
Va" 12.00 .llow.." 200 cnbit feet;
y,," 6.00 ollow.." 700 cubit fe,,; I"
110.00 .now.." 1,200 cnbit feet; 1 W'
16.00 .!Iow.." 2,100 cnbic feet; 1y,"
20.00 .llow.." 2,700 cubic fe,,; 2"
32.00 .llow.." 4,600 cubit feet; 3"
64.00 .llow.." 10,000 cnbic fe"; 4"
100.00 .llow.." 16,200 cnbic feet; 6"
200.00 .I;ow.." 33,600 cnbic fe,,; 8"
320.00 .llow.." 60,200 cubic fe".
(B) W"e, "". foe n.,," within the
City of Dnbnque, low., who" m",," "e
c"d Bi-Monthly, .h.ll b, " follow"
Fi"t 400 cubic £0" pet period 14.00;
Next 1,600 cubit feet pet period .75 pet
hund"d cubic fe"; Next 4,000 cubic
feet pet period .70 pet hund"d cnbic
fe,,; Next 2<,000 cnbic feet pet period. 60
pet hund"d cubic feet; Next 70,000 cubic
fe" pet period .50 pet hund"d cubit
fe,,; Ncxc 100,000 cubic feet pet pedod
Æ pet hund"d cubic feet; Om 200,000
cubic feet per pedod .38 pet hund"d
cubic fee,.
The Minimum Bi-MonthIy ch"ge at.
coeding to .ize of m"et ,h.!I be .. fol-
low"
Va" 14.00 .llow.." 400 cubit feet;
y,," 12.00 .llow.." 1,400 cubic fe";
I" 20.00 .llow.." 2,500 cnbic fe";
1y,," 32.00 .llow.." 4,3.00 cubie fe,,;
1y," 40.00 .llow.." 5,500 cubic fe,,;
2" 64-00 .llow.." 9,400 cubic feet.
SECTION 2. Commencing with .11
m"et ",ding. on ..d .f'et July 7, 1976,
the "". to be ch"ged foe w.", .up-
plied by the City W.", Dep"'ment .nd
",ident..I, commerei.l, indu..d.I ..d
other u", ..d pucpoc" by "y p,,"on,
fi'm oe coepoe"ion, ou"ide the City of
Dubuqne, low, .h.ll. be the ..me tot"
pwvided in Section I, hereof pIu. ,n .d-
didon.! 50% to the tot" Ii..ed in Sec-
don 1, h",of.
SECTION 3. Commencing D"'mbet
1, 1976, the following y"rly ch"ge foe
fi" .p,inkl', ,mice .upplied by the
City W.", Dep",ment of Dubuque,
An oedi..n" fixing ODd ""bli.hing
t"" to be ch"ged foe the fucoi.h-
ing of w"et foe ".idend,I, commet-
c;,I, indnotti.1 ODd other u". ODd
putpo,,', within ..d without the
City of Dubnque, low., p"",ibing
. pc..Ity foe vio¡'don hereof, ODd
"p"ling Otdin.n" Nn. 64-68.
Be it oed,ined by the City ConnciI of
th, City of Dubnqu"
RATES FIXED
SECTION 1. Commencing with .11
I :b:":.:::di~g. b~n ch:c~;~et fr;\:;e:9~;;
low., .h,ll be poid "mi-,nnu,lly in .d-
YOn" ..d they 0" fixed ..d dmcmined
" follow"
Minimum Annu,1 Ch"ge $100.00; Up
to 200 h"d. 100.00; 200 to 300 h"d.
120.00; 300 to 400 h"d. 140.00; 400 to
600 h"d. 160.00; 600 tn 800 h"d.
lSO.OO; 800 tn 1000 h"d, 200.00; 1000
to 1200 hood, 220.00; 1200 to 1400
h"d, 240.00; 1400 to 1600 h"d, 260.00;
1600 to 1800 h"d. 280.00; 1800 to
2000 h"d, 300.00; 2000 to 2200 h"d.
320.00; 2200 to 2400 hood, 340.00; 2400
to 2600 h"d, 360.00; 2600 to 2800
h"d, 380.00; 2800 to 3000 h"d. 400.00;
3000 to 3500 h"d. 420.00; Fo, "ch .d-
dido..I 500 h"d. oe f"ction thmof over
3500 h"d. " 120.00 pet ye".
SECTION 4. Any p,,"on, fitm oc coc-
po"don who .h.ll vio¡'" ODY of the
pwvi,ion. hmof, .h,ll be deemed guilty
of . mi.dem"noe ,nd upon conviction
thet"f ,h.ll be fined not IX> meod One
Hund"d Doll." (1100.00) oe impd.-
on,d nOt to meed thitty (30) d.y. in
¡.il.
SECTION s. Otdi..nce No. 64-68
,dop"d October 31, 1968, be ..d the
..me i. hmby "p"l,d.
SECTION 6. ni, oedin,n" ,h.ll be
in full fo"e ODd effect on Jnly 7, 1976
.ftet i" p"'.ge, .dopdon ODd publico-
don" "qui"d by low.
P."ed, .dop"d ..d .pptoyed thi, 3td
d.y of !vI.y 1976.
Alvin E. Lundh
M.yoe
Rich"d Wembetget
Emil S"ckis
Conncilmen
Acee..,
Leo F. Fwmme!t
City Clerk
Publi,hed offici,lIy in the Tel'g"ph
He"Id this 6th d.y of M.y 1976.
Leo F. Fwmme!t
City Clerk
It 5/6
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Mayor Lundh. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Wertzberger.
Nays-Councilmen Brady, Tully.
Petition of Duane R. Giesier re-
questing a refund of $6.00 as the
resuit of issuance of a duplicate
1976 dog license, presented and
read. Councilman Wertzberger
moved that the refund be granted
and City Auditor directed to issue
proper warrant. Seconded by Coun-
cilman Stackis. Carried by the foi-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
206
Regular Session, May 3; 1976
Regular Session, May 3, 1976
Petition of Dubuque Jaycees re-
questing $5000 of available funds
for the restoration of Washington
Park, presented. and read. Randy
Nigg of the Jaycees addressed the I
Gonllcil stating tentative approvai
for funding is in sight, presented
a graphic progress report and
stated the urgency of a wiring
problem and that wiring is badiy
deteriorated and must be correct,
ed now at a cost. of approximateiy
$20,000. Councilman Wertzberger
moved that the petition of Jaycees
be received and filed and forward-
ed to the Bicentennial Committee
with recommendation of approval.
Seconded by Couneilman Stackis.
Carried by the foltowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tulty, Wertzberger.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing on a proposed lease
between the Dock Commission and
the Dubuque County Conservation
Society, presented and read. Coun-
cilman Stackis moved that the
proof of publieation be received
and filed. Seconded by Councilman
Tulty. Carried by the foltowing
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tulty, Wertzberger.
Nays-None.
RESOLUTION NO. 142.76
WHEREAS, pursuant to Resolu-
tion and published notice of time
and piaee of hearing, published in
the Telegraph,Heraid, a newspaper
of general circulation published in
the City of Dubuque, Iowa on
April 16, 1976, the City Council
of the City of Dubuque, Iowa met
on the 3rd day of May, 1976 at
7:30 o'ciock P.M. (Central Daylight
Time) in the City Council Cham-
bers, City Halt, Dubuque, Iowa to
consider a proposed iease by and
between the CITY OF DUBUQUE,
Iowa, a municipai corporation, by
and through its BOARD OF DOCK
COMMISSIONERS, as Lessor, and
DUBUQUE COUNTY CONSERVA-
TION SOCIETY, as Lessee, provid-
ing for the leasing of the foltow-
ing described real estate, to-wit:
Two tracts of land totalling
approximately thirty five and
24/100ths (35.24) acres lying
in Area C in Industrial Park,
designated as Dubuque County
Conservation Lease and Du-
buque County Conservation So-
ciety Lease No.2, and includ-
ing an easement over and up-
on the slopes immediately ad-
jacent thereto alt as shown on
the Piat marked Exhibit "A"
subject to easement granted to
Interstate Power Company for
Transmission Line as shown on
said Plat
and;
WHEREAS, there being no oral
or written objections to the pro-
posed iease received by the City
Conncil of the City of Dubuque,
Iowa,
NOW THEREFORE BE IT RE-
SOLVED hy the City Council of
the City of Dubuque, Iowa:
Section 1. That the proposed
lease hetween the City of Dubuque,
Iowa by and through its BOARD
OF DOCK COMMISSIONERS, as
Lessor, ami DUBUQUE COUNTY
CONSERVATION SOCIETY, as
Lessee, be and the same is hereby
approved and that the terms and
provisions of said proposed lease
are hereby ratified.
Section 2. That the Board of
Dock Commissioners be and they
are hereby authorized and em.
powered to execute said iease for
and on behalf of the City of Du-
buque, Iowa.
Passed, approved and adopted
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tulty Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
publication be received and filed.
Seconded by Councilman Brady.
Carried by the foltowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tulty, Wertzberger.
Navs-None.
RESOLUTION NO. 143.76
WJ;!EREAS, pursuant to Reso-
iution and published notice of time
and place of hearing, published in
the Telegraph-Herald, a newspa-
per of general circulation pub-
lished in the City of Dubuque,
Iowa on April 16, 1976, the City
Council of the City of Dubuque,
Iowa met on the 3rd day of May,
1976 at 7:30 o'clock P.M. (Central
Daylight Time) in the City Council
Chambers, City Halt, Dubuque,
Iowa to consider a proposed
amendment to Lease and Agree-
ment by and between the CITY
OF DUBUQUE by and through its
BOARD OF DOCK COMMISSION-
ERS, as Lessor, and FLYNN
READY-MIX CONCRETE CO., as
Lessee, providing for the leasing
of the foltowing described real
estate, to-wit:
A tract of iand in the south-
east one quarter of the north-
west one quarter Seetion 19,
Township 89 North, Range 3
East of the 5th Principai Meri-
dian, situated at the easterly
end of 12th Street in the City
of Dubuque, Iowa.
and;
WHEREAS, there being no oral
or written objections to the pro-
posed Lease Amendment received
by the City Council of the City of
Dubuque, Iowa,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section J. That the Amendment
to Lease amending the lease be-
tween the parties dated Septem-
ber 19, 1976 between the City of
Dubuque, Iowa, by and through its
BOARD OF DOCK COMMISSION-
ERS, as Lessor, and the FLYNN
READY-MIX CONCRETE CO., as
Lessee, be and the same is hereby
approved and that the terms and
provisions of said proposed
amendment to lease are hereby
ratified, and that terms and pro-
visions of said lease, dated Sep-
tember 19, 1975, with. theexcep-
tion of the description of the
leased premises, be and they 'are
Attest:
Leo, F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded by
Councilman Tulty. Carried by the
foltowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tulty, Wertzberger.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing on a proposed lease
between the Dock Commission and
the Flynn Ready Mix Concrete Co.,
presented and read. Councilman
Stackis moved that the proof 0:1
herebyeonfirmed and ratified.
Section 2. That the Board of
Dock Commissioners be and they
are hereby authorized and em-
powered to execute said Amend-
ment to Lease for and on behalf
of the City of Dubuque, Iowa.
Passed, approved and adopted
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tulty Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
LeoF. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded by
Councilman Brady. Carried by the
foltowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tulty, Wertzberger.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice of Levy
to pay for construction of J.F.K.
Road Sanitary Sew... Extension
East Side, presented and read. No
written objections were filed and
no oral objectors were present in
the Council Chamber at the time
set for the hearing. Councilman
Stackis moved that the proof of
publication be received and filed.
Seconded by Mayor Lnndh. Car-
ried by the foltowing vote:
Yeas-Mayor Lnndh, Conncilmen
Brady, Staekis, Tuily, Wertzberger.
Nays-None.
Statement of City Clerk that no-
tice of levy were mailed by certi-
fied mail to property owners of
record subject to assessment to
pay for cost of constructing J.F.K.
Road Sanitary Sewer East Side,
presented and read. Councilman
Stackis moved that the statement
be received and filed. Seconded
by Mayor Lundh- Carried by the
foltowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTIGN NO. 144.76
Schedule of Assessments
Resolved by the City Council of
the City of Dubuque, Iowa: That
to pay for construction of John F.
207
208
Regular Session, May 3, 1976
Regular Session, May 3, 1976
Councilman Stackis moved adop-
tion of the resolution.' Seconded
by Mayor Lundh. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Proof of Publication, eertified
to by the Publisher, of Notice of
Hearing to consider proposal to
authorize issuance of $5,131.69 to
pay for cost of construction of
J.F.K. Road Sanitary Sewer Ex-
tension-East Side, presented and
read. No written objections were
filed and no oral objectors were
present in the Council Chamber at
the time set for the hearing. Coun-
cilman Stackis moved that the
proof of publication be received
and filed. Seconded by Mayor
Lundh. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 145-76
Resoiution providing for the is.
suance of Sewer Bonds for the
purpose of providing for the pay-
ment of the assessed cost of John
F. Kennedy Road Sanitary Sewer
457_80 Extension-East Side.
Whereas the contract heretofore
140.00 entered into by the City of Du-
buque, Iowa, for the,improvemellts
150.00 hereinafter described has been
compieted and the City Manager
25.00 has certified the completion there,-
of to the City Council and the City
Council has ascertained the cost
thereof and has determined that
$5,131.69 Dollars of the cost there-
of shall be assessed against the
property subject to assessment
5323.93 I therefor; and
, 192_24 Whereas public notice, as pro-
vided by iaw, has been published
by the City Clerk stating the' in-
tention of the City Council to is-
sue bonds for the purpose of pro-
viding for the payment of the
assessed cost of said improvement
and a public hearing has been heid,
pursuant to such noticè and all ob-
jections made thereto have been
considered and determined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council oj'
the City of Dubuque:
1. 'That to provide for the pay-
ment of the assessed cost of the
Kennedy Road Sanitary Sewer Ex-
tension-East Side by Tschiggfrie
Excavating, contractor in front of
and adjoining the same, a speeial
tax be and is hereby levied on the
several lots, and parts of lots, and
parcels of real estate all as named,
situated and owned, and for the
several amounts set opposite eaeh
lot or ,parcel of real estate, as set
forth in the following scheduie.
For John F. Kennedy Road
Sanitary Sower Extension-
East Side
Jeannette & Lyle Eugene
Cardy, Lot 5, Brueck
Suhdivision ."...".....""",.. 1,375.35
David M. & BeverlY A.
Unsen, Lot 6, Brueck
Subdivision ..."......".."..". 1,375.35
Clarence F. & Marie Rei-
sen, Lot 7, Brueck Sub-
division ""..."..."..."".."... 1,112.93
Car! W. & Debra L. Thum-
ser, Lot 8, Brueck Sub-
division .........."....,."........ 1,268.06
Total."..."."...."..."...". 5,131.69
423.6 lin. ft. 8" V.T.P. @
8.90 ""..."....."""...."..."..: 3,770.04
3 no. of 8" x 6" wye
branches @ 20.00 .......... 60.00
10.9 lin. ft. Manhole side-
wall @ 42.00 .."....""."...
1 no. of Manhole base @
140.00 "......-"......."....""..
1 no. of Manhole ring and
cover @ 150.00 .."....",...
1 no. of 4" cast iron stub
@ 25.00 -".."....."..",...".."
39 ton 0/4" clean stone @
6.00 ........,...,.."........",""" 234.00
Construction Cost ....""...". 4,836.84
Engineering & Inspection 452.16
5% Interest-52 days ".". 34.93
Project Cost
City Share'
Assessable .."......"."..""..." 5,131.69
.City share 21.6 feet of 8" V.T.P.
Passed, adopted and approved
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Bràdy
Emil Staekis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
John F. Kennedy Road Sanitary
Sewer Extension, East Side, there
shall be issued sewer bonds in the
amount of $5,000.00 Dollars in an-
ticipation of the deferred payment
- of assessments levied for such im-
provement.
2. Such bonds shall be called
sewer bonds; and shall bear the
date of October 1, 1976; and shall
be numbered consecutively; and
they shall be numbered, divided
into series, and be in such denom-
inations and for such maturity
dates as are shown in the follow-
ing table:
1 1 $500.00-December 1, 1976
2 2 $500.00-December 1, 1977
3, 3 $500.00-December 1, 1978
4 4 $500.00-December 1, 1979
5 5 $500.00-December 1, 1980
6 6 $500.00~December 1, 1981
7 7 $500.00-December 1, 1982
8 8 $500.00-December 1, 1983
9 9 $500.00-December 1, 1984
10 10 $500.00-December 1, 1985
3. Said bonds shall bear interest
at the rate of six per cent per an-
num, payable annually in accord-
ance with coupons thereto at-
tached:
4. Said bonds shall not make the
City of Dubuque liable in any way,
except for the application of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No. """""
Series No.
CITY OF DUBUQUE
Sewer Bond
The City of Dubuque in the
State of Iowa promises to pay as
hereinafter mentioned to the bear-
er hereof, the sum of 500 dollars
with interest thereon at the rate
of six per cent per annum, pay-
able ...".....,..."...... annually, on the
presentation and surrender of the
interest coupons hereto attached.
Both principal and interest of this
bond are payable at the office of
the City Treasurer in the City of
Dubuque, in the State of Iowa. This
bond is issued by the City of Du.
buque under and by virtue of
Chapter 396 of the 1954 Code of
Iowa, as amended, and the Resolu-
tion of said City duly passed on
the 3rC¡ day of May, 1976, being
Resolution No. 145-76.
This Bond is one of a series of
10 bonds, all for $500.00 numbered
from I through 10 all of like tenor
and date, and issued for the pur-
pose of providing for the deferred
payment of the assessments ievied
for the John F. Kennedy Road
Sanitary Sewer Extension, East
Side, as described in said Resolu-
tion, in said City, which cost is
payable by the abutting and adja-
cent property along said improve-
ments and is made by law a lien
on all of said property. It is pay-
able only out of the Speciai As-
sessment Fund 1306 created by the
collection of said special tax, and
said fund can be used for no other
purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, prece-
dent to and in issuing this series
of bonds, have been done, hap-
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, colleetion and payment
hereon of said special tax, the full
faith and diligence of said City of
Dubuque are hereby irrevocably
pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused this bond to be signed
by its Mayor and countersigned by
its City Clerk and the Seal of said
City to be thereto affixed, this 3rd
day of May, 1976.
(SEAL)
."""""""""""'M~Ÿ~~"""""""""""""'"
................................................................
City Clerk
(Form of Coupon)
On the """"" day of .......".......",
the City of Dubuque, Iowa, prom-
ises to pay to the bearer, as pro-
vided in said bond, the sum of
"""""""""'", Dollars, in the office
of the City Treasurer in the City
of Dubuque, being """""" months'
interest due that date on its
...."."......... Bond No. ..."..." dated
""""""""""""M~Ÿ~~"""""""""""""'"
""""""""""""ëi;ÿ"ëii~~k"""""""""'"
209
210
Regular Session, May 3, 1976
Regular Session, May 3, 1976
211
6. That the Mayor and City Cierk
be and they are hereby instructed
to cause said bonds to be prepared
and when so prepared to execute
said bonds and that the City Clerk
be and he is hereby instructed to
register said bonds in a book kept
for that purpose and to then de-
liver them to the City Treasurer.
7. That the City Treasurer is
hereby instructed to sell said
bonds in the manner provided by
law, the proceeds of said sale to
be piaced in a special fund to be
known as Special Assessment
Fund 1306 and paid out by him
to pay the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the Ma-
yor and countersigned with the
facsimile signature of the City
Cierk.
9. That as fast as funds allow,
these bonds shall be called and
retired in the same order as num-
bered.
10. Passed, adopted and ap-
proved this 3rd day of May, 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 resoiution. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
COUNCIL RECESSED AT 10:00 PM
RECONVENED AT 10:08 PM
Proof of Publication, certified
to be the Publisher, of Notice of
Publie Hearing on Resolntion of
Pendency and proposed plans,
specs., form of contract for Con-
struction of 1976 Asphait Paving
Project No.1, including Alpine St.,
Ashton PI., Central Ave., Davis
Ave., Dodge St. from the E,P.L.
of Bluff St. to the Julien Dubuque
Bridge, Eagle Point Park,road-
way, English Lane, Intersection
widening at John F. Kennedy,
Highway 20 and University Ave.,
Marquette Place, Samuel St., Tow-
er Dr., Walnut St. and Windsor
Ave., presented and read. Coun-
cilman Stackis moved that the
proof of publication be received
and filed. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Statement of City Cierk certify-
ing that notices of hearing were
mailed by certified mail on April
12, 1976 to property owners of rec-
ord subject to assessment to pay
for cost of constructing 1976 As-
phait Paving Project No.1, pre-
sented and read. Couneilman
Stackis moved that the Statement
be received and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
The foUowing objeeted to pav-
ing of Alpine Street for various
reasons: Roy Mootz, Tom Clark,
SaUy Ryan and James Ryan, Rog,
er Duster, Louis SchaUer, Orville
Budde, Gary Stewart, Francis Ken-
ny, and Darlene Gavin. Greg
Schwartz and Bob Harry voiced ob-
jections to paving of Ashton Place.
Rhonda Kronfeldt, Mary Welsh
and Harmon Edwards objected to
paving of Walnut Street. Earl
Marihart objected to the paving
of Marquette Place. Eidon Biver
addressed the Council as being in
favor of improving Marquette
Piace. DaUas Murphy, Helen Mer-
cer and Al Kirk objected to pav-
ing of English Lane. Naney Marti
advised as being in favor of pav.
ing of Tower Drive. Conncilman
Brady moved to reimpose the
rules- Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Leo J. Heer et al
(16 signers) objecting to the pro-
posed paving of Ashton Place, pre-
sented and read. Councilman
Stackis moved that the petition
be received and filed. Seconded by
Councilman TuUy. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Petition of Dora M. Ait et al
(114 signers) objecting to the pav-
ing of Alpine Street, presented
and read. Councilman Stackis
moved that the petition be re-
eeived and filed. Seconded by
Councilman TuUy. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Petition of Thomas G. Goodman
not objecting to the proposed pav-
ing of English Lane, however urg-
ing the investigation of recycling
the present paving and relaying it
at a cheaper cost, presented and
read. Councilman Stackis moved
that the petition be received and
filed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of John Davis et al (37
signers) objecting to the paving of
Walnut Street, presented and read.
Councilman Stackis moved that
the petition he received and filed.
Seconded by Councilman TuUy.
Carried by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Petition of Donald W. Canavan
et al (19 signers) objecting to the
proposed paving of Marquette
Place, presented and read. Coun,
cilman Stackis moved that the pe-
tition be received and filed. See-
onded by Councilman TuUy. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Petition of David W. Leifker ob-
jecting to the proposed paving of
Marquette Place, presénted and
read- Councilman Stackis moved
that the petition be received and
filed. Seconded by Councilman
Tully. Carried by the foUowing
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Petition of John Strohmeyer et
al (52 signers) objecting to the
paving of English Lane, presented
and read. Councilman Stackis
moved that the petition be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Petition of Miehael & Rhonda
Mary Kronfeidt objecting to the
proposed paving of Walnut Street,
presented and read. Councilman
Stackis moved that the petition be
received and filed. Seconded by
Councilman TuUy. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Petition of Mrs. Mary E. Welsh
et ux objecting to the proposed
paving of Walnut Street, presented
and read. Councilman Stackis
moved that the petition be re-
ceived and filed. Seconded by
Couneilman TuUy. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Councilman Stackis moved to
retain ALPINE STREET from the
S.P.L. of University Ave. to the
N.P.L. of Dodge Street in the City
of Dubuque 1976 Asphait Paving
Project No.1. Seconded by Mayor
Lundh. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-Councilman Tully. MO-
TION FAILED DUE TO 100%
COUNCIL APPROVAL REQUIRED.
Councilman Stackis moved to re-
tain ASHTON PLACE from the
N.P_L. of Decorah St. to the S.P.L.
of Deiaware St. in the City of Du-
buque 1976 Asphait Paving Proj-
ect No.1. Seconded by Mayor
Lundh. Carried by the foliowing
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Councilman Stackis moved to re-
tain WALNUT STREET from the
S.P.L. of Loras Blvd. to the N.P.L.
of University Ave- in the City of
212
Regular Session, May 3, 1976
Dubuque Asphalt Paving Project I
No. 1. Seconded by Mayor Lundh.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Mayor Lundh, Councilman
Stackis.
Nays-Councilmen Brady, Tully,
Wertzberger. MOTION FAILED
DUE TO 100% COUNCIL AP-
PROVAL REQUIRED.
Councilman Stackis moved to
retain MARQUETTE PLACE from
the W.P.L. of Qneen Street to the
S.P.L. of Lot 4 Audubon Addition
in the City of Dubuque 1976 As.
phalt Paving Project No. 1. Sec-
onded by Councilman Wertzberger.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
NaYB-"Councilman Stackis.
MOTION FAILED DUE TO 100%
COUNCIL APPROVAL REQUIRED.
Councilman Brady moved to re-
tain ENGLISH LANE from the
S.P.L. of Mt. Loretta St. to the
W.P.L. of Su!livan St. in the City
of Dubuqne 1976 Asphalt Paving
Project No. 1. Seconded by Coun.
cilman Stackis. VOTE ON THE
MOTION WAS AS FOLLOWS:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-Councilman Tully.
MOTION FAILED DUE TO 100%
COUNCIL APPROVAL REQUIRED.
RESOLUTION NO. 146.76
Resolution amending Resolu.
tion No. 108.76.
BE IT RESOLVED by the City
of Dubuque, Iowa:
Section J. That Resoiution No.
108.76 being the Resolution of Ne-
cesity for the City of Dubuque
1976 Asphalt Paving Project No.
1, be and the same is hereby
amended by deleting the following
portions of the following named
streets there from: Alpine St.
from the S.P.L. of University Ave.
to the N.P.L. of Dodge Street. Wal.
nut St. from the S.P.L. of Loras
Blvd. to the N.P.L. of University
Ave., Marquette Place from the
W.P.L. of Queen Street to the
S.P.L. of Lot 4 Audubon Addition,
English Lane from the S.P.L. of
Mt. Loretta st. to the W.P.L. of
Su!livan St.
Passed, adopted and approved
this 3rd day of May, 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. Sec-
onded by Councilman Brady. Car.
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Decision of Council upon ob-
jections to plans, specifica-
tions, form of contraot and
cost of improvements.
RESOLUTION NO. 147.76
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1976 As.
phalt Paving Project No. 1.
1. Ashton PI. from the N.P.L. of
Decorah St. to the S.P.L. of Dela-
ware St.
2. Central Ave. from the south
curb line of 4th St. to the north
curb line of 3rd.
3. Davis Ave. from the W.P.L.
of Windsor Ave. to the E.P.L. of
Sheridan Rd.
4. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
5. Eagle Point Park-roadway.
6. Intersection widening at John
F. Kennedy, Highway 20 and Uni.
versity Ave.
7. Samuel St. from north cnrb
line of Southern Ave. to the south
curb line of Tressa St.
8. Tower Dr. from the west
street tine of Rockdale Rd. (sta.
0+09) to the W.P.L. of Lot 2-1-1-
1-2 of Mineral Lot 483 (sta.
9+80.29).
9. Windsor Ave. from the N.P.
L. of Davis Ave. to the S.P.L. of
the alley south of Strauss Street.
Have been approved by the City
Council of the City of Dubuque
and public notice given as provid.
ed by Chapter 23 of the Code of
,Iowa, 1975, pertaining to public
I contracts and bonds, and the time
Regular Session, May 3, 1976
and place fixed for the hearing of
all objeetions to said plans, speci-
fications or contract for or cost of
such improvements, said time be.
ing this 3rd day of May, 1976; and
WHEREAS, the City Council
met in Reguiar session this 3rd
day of May, 1976, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
traet for or cost of the improve.
ment herein described and pro-
posed to be made; and
WHEREAS, all interested par. I
ties have been given an opportun.
ity to be heard and all objections
which have been duly weighed
and considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the pians,
specifications, contract for or cost
of said improvement herein de.
scribed and proposed to be made,
be and the same hereby overruled
and sueh pians, specifications and
form of eontraet heretofore ap. 'I
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution eontaining the
decision of this Council upon all
objeetions which have been filed
to the plans, specifieations and
form of cost said improvement be
made a matter of permanent rec.
ord in connection with said im-
provement.
Passed, adopted and approved
this 3rd day of May, 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
c.ouncilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Couucilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
213
(Necessity for Improvement)
RESOLUTION NO. 108.76
WHEREAS, proposed plans,
specifications, form of contract,
plat and sehednle have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Cierk showing among
other things the following:
1. The assessments limits, if any.
2. The streets to be improved.
3. The width of such improve.
ment.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the couneil.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount
thereof which is estimated to be
assessed against eaeh lot, for the
City of Dubuque 1976 Asphalt
Paving Project No.1:
1. Ashton PI. from the N.P.L. of
Decorah St. to the S.P.L, of Dela-
ware St.
2. Central Ave. from the south
curb line of 4th St. to the north
curb line of 3rd.
3. Davis Ave. from the W.P.L.
of Windsor Ave. to the E.P.L. of
Sheridan Rd.
4. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuque
Bridge.
5. Eagle Point Park-roadway.
6. Intersection widening at
John F. Kennedy, Highway 20 and
University Ave.
7. Samuel St. from north curb
tine of Southern Ave. to the south
curb line of Tressa St.
8. Tower Dr. from the west
street line of Rockdale Rd.
(sta. 0+09) to the W.P.L. of Lot
2-1.1-1.2 of Mineral Lot 483 (sta.
9+80.29).
9. Windsor Ave. from the N.P.L.
of Davis Ave. to the S.P.L. of the
alley south of Strauss Street.
BE IT THEREFORE RESOLVED
that the City Couneil on its own
motion or upon petition of prop.
erty owners, deems it advisabie
and necessary for the public wel.
fare to make the herein men.
tioned improvement, and unless
property owners at the time of the
final consideration of this pro.
214
Regular Session, May 3, 1976
Regular Session, May 3, 1976
215
posed resolution have on file with
the City Clerk objections to the I
amount of the proposed assess.
ments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be eon-
structed and done in accordance
with the plans and specifications
which have been prepared there.
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment wi!! be assessed upon and
against all privateiy owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by iaw, property wi!! be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the R.D.T. Funds.
Street bonds shall be issued and
sold in antieipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be as.
sessed to and paid by the railway
company.
The above resolution was intro.
duced, approved and ordered
placed on file with the City Clerk
this 5th day of April, 1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
amended by the City Council this
3rd day of May, 1976.
Aivin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved finai
adoption of the resolution. Second.
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 148.76
BE IT RESOLVED by the City
Council of the City of Dubuque
that pursnant to a resolution of
necessity No. 108.76 which was
duiy passed by this Council, for
the City of Dubuque 1976 Asphalt
Paving Project No.1:
1. Ashton PI. from the N.P.L.
of Decorah St. to the S.P.L. of
Delaware St.
2. Central Ave. from the south
curb line of 4th St. to the north
curb line of 3rd.
3. Davis Ave. from the W.P.L.
of Windsor Ave. to the E.P.L. of
Sheridan Rd.
4. Dodge St. from the E.P.L. of
Bluff St. to the Julien Dubuqne
Bridge.
5. Eagle Point Park-roadway.
6. Intersection widening at John
F. Kennedy, Highway 20 and Uni.
versity Ave.
7. Samuei St. from north curb
line of Southern Ave. to the south
curb line of Tressa St.
8. Tower Dr. from the west
street line of Rockdale Rd. (sta.
0+09) to the W.P.L. of Lot 2-1.1-1-2
of Mineral Lot 483 (sta. 9+80.29).
9. Windsor Ave. from the N.P.L.
of Davis Ave. to the S.P.L. of the
alley south of Strauss Street.
Be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privateiy owned property ly-
ing within the assessable distance
from the improvements,. whether
such property abut upon the same
or are adjacent thereto, according
to the area thereof and in propor-
tion to the special benefits con.
ferred, and any deficiency will be
paid out of the Road Use Tax
Fund. Payment wi!! be made to
the contractor out of funds real.
ized from the sale of bonds to
be issned in anticipation of de.
ferred payments of assessments as
provided by law after the .work
has been completed and accepted
byihe City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve.
ments herein provided for in the
manner provided i>i' law, the said
improvements shall be compieted
on or before 120 days after notice
to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 3rd day of May, 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.
tiòn of the resolution. Seconded by
Councilman Tul!y. Carried by the
fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
April 27, 1976
To the Honorabie Mayor
and City Council
This is to advise you that the
City of Dubnque 12" Water Main
Project over the 16th Street Bridge
between Area "c" and Kerper
Blvd. has heen eompleted in ac-
cordance with the City of Dubuque
Plans and Specifications.
I, therefore, recommend the ac-
ceptanee of the above named
project.
Gilbert D. Chavenel!e
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, Tul!y, Wertzberger,
Nays-None.
FINAL ESTIMATE
RESOLUTION NO. 149.76
WHEREAS, the contract for the
City of Dubuque 12" Water Main
Project over the 16th Street
Bridge between Area "c" and
Kerper Blvd. has been compieted
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
piat, 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
$57,786.53.
That none of the cost thereof
shal! be assessable upon private
property and $57,786.53 shal! be
paid from the Municipai Enter-
prise Dock Fund of the City of
Dubuque.
Passed, adopted and approved
this 3rd day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Staekis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded
by Councilman Wertzberger. Cal'
ried by the vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 150.76
WHEREAS, the contract for the
City of Dubuque 12" Water Main
Project over the 16th Street Bridge
between Area "c" and Kerper
Blvd. has been completed and the
City Manager has examined the
work and filed his certifieate stat.
ing that the same has been com-
pleted according to the terms of
the contract, pians and specifica-
tions and recommends its accept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubnque,
216
Regular S~ssion, May 3, 1976
RESOLUTION NO. 153.76
Regular S~ssion, May 3, 1976
217
that the recommendation of the
City Manager be appproved 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 th~ Municipai En.
terprise Dock Fund.
Passed, adopted and approved
this 3rd day of May, 1976.
Approved:
Aivin E. Lundh
Mayor
Thomas A. Tully Jr.
Riehard Wertzberger
James E. Brady
Emil Stackis
Counciimen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Çouncilman Wertzberger. Carried
by the following vote:
Yeas~Mayor. Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-'--None.
Councilman Wertzberger moved
to coIÍ1mend'Mr. Ernie Roarig of
the Engineering Department, on'
work well done on the Flood Wall
and accomplishments completed on
the Street Program. Seconded by
Councilman Tully. Carried by the
following vote:
;, . Yeas-Mayor Lundh, Counciimen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 151-76
WHEREAS, applieations for Liq-
nor 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
Reguiar Session, 64th General As. .
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Marco's Inc., d/b/a Marco's Ital.
ian American Food, 2022 Central
Avenue
Passed, adopted and approved
this 3rd day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Resolution recommending adop-
tion of House File 873, titled
"Local Option Transient Guest
Tax."
WHEREAS, the City of Dubuque
is being continuously faced with
higher operating costs and must
seek additional sources of reve.
nue; and
WHEREAS, the City of Dubuque
will be operating under spending
limitations as outlined in the re-
cently adopted "Property Tax Re.
lief Bill"; and
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption
of the resolution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 152.76
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 he
occupied hy 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.
WHEREAS, the City of Duhuque
supports the philosophy of Home
Ruie and the option of cities to
impose local taxes.
NOW, THEREFORE, BE IT RE.
SOLVED by the City Council of
the City of Dubuqne, Iowa:
That the City of Dnbuque sup-
ports the concept of a local option
tax as enunciated in House File
873.
That the City of Dubuque en.
courages the House, Ways and
Means Subcommittee, chaired by
Representative Robert Anderson,
to approve House File 873 and to
support its adoption in this ses.
sion of the legislature.
Passed, approved and adopted
this 3rd day of May, 1976.
Aivin E. Lundh
Mayor
Emil Stackis
Richard Wertzberger
Thomas A. Tully Jr.
James E. Brady
Councilmen
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Marco's Inc., d/b/a Marco's Italian
American Food, 2022 Central
Avenue
Passed, adopted and approved
this 3rd day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Staekis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop.
tion of the resolution. Seconded
by Councilman Wertzberger. Car.
ried by the foliowing vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
There being no further business,
Councilman Tully moved to ad.
journ. Seconded by Councilman
Attest:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoptioll
of the resolution, Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Wertzberger. Carried by the foi.
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Staekis, Tully, Wertzberger.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
1976
Adopted
1976
."."......"...."."......".................................
Couneilmen
Attest: """""""'ëii;(:;i~~k""""""""
218
Special Session, May 10, 1976
Special Session, May 10, 1976
CITY COUNCIL
OFFICIAL
Special Session, May 10, 1976. .
Council met at 7:30 P.M. (C.D.T.)
Present-Mayor Lundh, Council.
men Brady, Stackis, Tully, Wert.-
berger.
Absent - 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 ADOP.
TION OF A RESOLUTION PRO.
VIDING FOR A HEARING ON
PROPOSED PLANS, SPECIFICA.
TIONS AND FORM OF CON-
TRACT FOR IMPROVEMENTS
AND EXTENSIONS TO THE MU.
NICIPAL WATERWORKS PLANT
AND SYSTEM IN AND FOR THE
CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR TAKING BIDS
IN CONNECTION THEREWITH,
and acting upon such other busi-
ness as may properly come before
a Regular Meeting of the Council.
The following proclamations
were approved and signed by Ma-
yor Lundh: Weeks between Moth-
er's Day (May 9) to Father's Day
(June 20) as "Conquer Multiple
Sclerosis Weeks," Week of May
10-16 as "National Salvation Army
Week," Week of June 13th to 19th
as "Deveiopment Disabilities
Awareness Week."
Communication of Community
Development requesting formal
recognition of the Hill Street
Neighborhood Association, present-
ed and read. Councilman Stackis
moved that the communication be
received and filed and request ap-
proved. Seconded by Councilman
Tuily. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Tully 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 foi-
iowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
The following addressed the
Council relative to the communi-
cation: Merle Bandy, on behalf
of the neighborhood, felt as
though they shouid ask for con-
sideration; Neva Shoars expressed
concern for low interest ioans, did
not want to be troublesome; Ruby
Sutton expressed having a concern
for the neighborhood; and John
Grau of the Community Develop-
ment Department spoke to the
communication.
RESOLUTION NO. 154.76
Passed, approved and adopted might be combined to make multi-
this 10th day of May, 1976. dwelling buildings, presented and
Alvin E. Lundh read. Mayor Lundh moved that
Mayor the communication be received
Thomas A. Tully Jr. and filed and referred to the
Riehard Wertzberger Building Department. Seconded by
James E. Brady Councilman Tully. Carried by the
Emil Stackis following vote:
Councilmen Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Printed Council proceedings for
the months of January and Feb-
ruary, 1976, presented for approv-
al. Councilman Stackis moved that
the proceedings be approved as
printed. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of WilHam L.
Meyers of 320 King Street, show-
ing concern about the low water
pressure to his residence and due
to the proposed water rate in-
crease requesting consideration
without further delay, presented
and read. Councilman Stackis
moved that the communication be
received and filed and Water Su-
perintendent Hail be instructed to
come back to Council within 4
weeks to resolve the probiem. Sec-
onded by Mayor Lundh. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Mr. Meyers spoke to the prob-
lem before the Conncil.
Communication of Iowa Depart-
ment of Environmentai Quality ad-
vising that the Terminal Street
Force Main Phase II, Contract 1,
be piaced under contract as a por-
tion of the entire wastewater proj-
ect, and requesting that further
grant payments be withheid until
approval of final plans, presented
and read. Councilman Brady
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.
Communication of State of Iowa
Office of Planning & Program-
ming, addressed to manufacturers
and inspection agencies on the
subject of approval of typical
units such as motel rooms, ciass-
rooms, and dwelling units which
May 5, 1976
Honorable Mayor and
City Couneil
In order to comply with our Rev-
enue Bond Ordinances, I request
your approval to engage the Cer-
tified Public Accounting Firm of
O'Connor, Brooks and Company to
audit the transactions of the Wa-
ter Utility, and the Parking and
Sewage Facilities Funds, for the
fiscal period beginning July 1,
1975 through June 30, 1976.
I further request that the Audi-
tor of State be asked to audit all
other financial funds of the City,
for the July 1, 1975 through June
30, 1976 fiscal period.
A resolntion reiative to the
above request wilt be submitted
to you after Juiy 1, 1976.
G. D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and filed and requests ap-
proved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Bicentennial
Commission requesting to be
piaced on the agenda to present
their list of recommendations for
use of the Special Projects monies,
presented for discussion.
Dennis Naughton presented the
recommendations of the Dubuque
Recognition of a neighborhood
organization for membership on
the Community Development
Commission.
WHEREAS, there has been es-
tablished within the City of Du-
buque a Community Development
Commission to assure that a fair
cross section of the residents of
the City of Dubuque fully partici-
pate in the continuous process of
budgeting, developing, monitoring
and evaluating the Community De-
velopment Block Grant Program;
and
WHEREAS, the Community De-
veiopment Commission provides
for representation from neighbor-
hood organizations in numhers
based upon their iocation within
and without areas in which Com-
munity Development Biock Grant
activities are proposed to be un-
dertaken; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That based upon the
recommendation of the Depart-
ment of Community Development,
the following neighborhood or-
ganization is iocated within an
area in which Community Devel-
opment Biock Grant activities are
proposed to be undertaken -and is
entitled to two representatives for
membership on the Community De-
velopment Commission.
Hill Street Neighborhood Asso-
ciation bounded on the north by
University Avenue, on the south
by Hill Street, on the west by
Roberts Street and on the east
by the intersection of Hill Street
and 1.Jniversity Avenue.
219
220
Special Session, May 10, 1976
'76, Inc., Board of Directors. C. I of $970.30 from District Court
Robert Justmann stated initial (Small Ciaims Division) for dam-
concept changed by Iowa Deveiop- ages to a car owned by Norbert
ment Commission. Kerin Molden. Nauman and struck by a city em-
hauer requested this be accepted ployee on December 16, 1975 near
as a Dubuque Project. Councilman 16th & Elm St., presented and
Tully moved that the monies aI- read. Councilman Stackis moved
loted to the Colts Drum & Bugie that th.e Notice of Claim be re-
Corps be deieted. MOTION DIED ferred to the City Solicitor for
FOR LACK OF SECOND. proper proceedings. Seconded by
Mayor Lundh moved to transfer Councilman Wertzberger. Carried
$800 from the Contingency Fund by the following vote:
for Jean Marie Cardinal Memorial Yeas-Mayor Lundh, Councilmen
Canoe Voyage Project and approve Brady, Stackis, Tully, Wertzherger.
whole package as presented by the Nays-None.
Dubuque '76 Inc. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis.
Nays-Councilmen Tully, Wertz.
berger.
Chairman Thoms of the Dubuque
Industrial Advisory Commission,
requesting to address the Council,
on the status of the Committee's
Activities, was presented for dis-
cussion. Mr. Thoms requested the
Council's concurrence to purchase
Caradco plant, stating preliminary
discussions have heen held; one
thousand square feet in the pack-
age still available; Boiler area al-
ready gone. Councilman Wertzber-
ger moved that Chairman Thoms
and his Commission put together a
package and a feasibility stndy
and come back to the Council. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays-Councilman Brady.
Notice under Chapter 613A
notifying the City that Jane Pitts
Smith, Maria T. McAllister, Ja-
vaune Adams are making ciaim
for aetual and punitive damages
for the torts of its officers, em-
ployees and agents specifically in-
ciuding Police Chief Robert
O'Brien as the result of incidents
occurring at the Carnival Lounge
on March 17th and 18th, 1976, pre-
sented and read. Councilman
Stackis moved that the Notice be
referred to the City Solicitor for
proper proceedings. Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Notice of Ciaim in the amount
May 7, 1976
To the Honorable Mayor
and City Council
Attached are two proposed or-
dinances which change the "no
parking" regulation at 1799 Clarke
Drive to a two hour parking zone.
This change is at the request of
the resident and is expiained in
Chief O'Brien's letter dated April
29th, I have attached a copy of
this letter.
I recommend the adoption of
the ordinances.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be re-
ceived and fiied. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 16.76
An Ordinance amending Ordi.
nonce No. 33.49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Sub.
section 22 of Section A of Sched.
ule IV thereof and enacting a
new Subsection 22 to Section A
of Schedule IV in lieu thereof to
limit parking of motor vehicles
on streets hereinalter desig.
noted,
Presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Stackis moved that
I the ruie requiring an Ordinance
Special Session, May 10, 1976
to be received and filed at two
meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Council-
man Tully. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger-
Nays-None.
ORDINANCE NO. 16-76
An ",dinon" ,mending Oedinon"
No. 33-49 known" ehe "T"ffk
Code of Dubuque, low," " ,,"end-
ed by "p"ling Sub"ction 22 of Sco.
tion A of Schednle IV thmof ODd
,"octing , new Snb""i,. 22 to Sco-
tion A of Schednle IV in Iieu thm-
of to limit pocking of motot vehic!"
on """, h"einoftet d"ignmd.
NOW THEREFORE BE IT OR-
DAINED by the City Conndl of
the City of Dnbuque, low",
SECTION 1. Th" Otdinon" No. 33-
49 known" the "T"ffic Code of Du-
bnque, low," " 'mended be ,nd the
ume i, hmby ,mended by "p"ling Snb-
,oction 22 of Soction A of Schedule IV
thmof ODd enocting , new Sub'oction 22
to Soction A of Schedule IV in Ii" thete-
of " follow"
"SCHEDULE IV.
A. The following ""e" oe pottio",
'" d"ignoted " two houe time
Zone"
22. Both ,id" of Chtke Dc. from
No. G"ndview Ave. to St. Am-
bto" St. ,nd the notth ,ide of
CI"ke Dc. fro," No. G"ndviow
Ave. to the "" peop"ty Iine
of 1799 Chtke Dt."
P""d, ,dopted ODd 'pptoved thi, 10th
d,y of M,y, 1976.
Alvin E. Lnndh
M'yot
Tho,"" A. Tnlly It.
Rioh"d Wmzb"g"
I""" E. B"dy
EmU S"eki,
Coundlmen
Atto'"
Leo F. Ptommolt
City Cl"k
Publi,hed uŒd,lly in the Toleg"ph
He"ld New,p'p" thi, 13th d,y of M,y
1976.
Leo F. Fto,","elt
CiIY Cl"k
It '/13
Councilman Stackis 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.
ORDINANCE NO. 17-76
An Ordinance amending Ordl.
nonce No. 33.49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Sub.
section 22 to Schedule VI thereof
and enacting a new Subsection
22 to Schedule VI in lieu there.
of to prohibit the parking of
motor vehicles on the north side
of Clarke Drive from Heeb St.
to the East Property Line of
1799 Clarke Drive,
Presented and read. Councilman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Tully. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Staekis, Tully, Wertzberger.
Nays-None.
Councilman Stackis moved that
the ruie requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
final action is taken, be dispensed
with. Seconded by Councilman
Tully. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 17-76
An otdinon" ,mending Otd""nce
No. 33-49 known" the "T"Œc
Code of Dnbuqne, low," " 'mended
by "p"Iing Snb,oction 22 to Sched-
nle VI ,hmof ODd ""ting , new
Snb",tion 22 to Schednle VI in Iien
,h"eof to prohibit the pocking of
motut vehic!" on the notth ,ide of
Cheke Ddve £Com H"b St"et to
the Em Peopeny Line of 1799
Chtke Ddve.
NOW THEREFORE Be It Otd,ined
by the City Conndl of the C;ty of Du-
buque, Inw",
SECTION 1. Th" Oedi..n" No. 33-
49 known" the "T"Hic Code of Du-
bnque, low," " ,mended be ODd the
u...e it h",by ,mended by "p"iing Sec-
tion 22 of Sch,dule VI thmof ODd en-
"dng , new Sub"cdon 22 to Schedule
VI in Heu theceof " follow"
"Sch,dule VI
22. The no"h ,ide of Ch,ke Ddve
{tom H"b Stem to the ""
pmp"ty Hne of 1799 Cloeke
Ddve.
221
222
Special Session, May 10, 1976
P""d, ,dop"d ,nd 'pp<ov,d thi, 10th
d,y of M,y, 1976.
Aivin E. Lnndh
M,yor
Thom" A. Tnlly Jr.
Rich"d Wertzberser
J,m" E. Brody
Emil S",k¡'
Conndlm,n
At"'"
Leo F. Fromm,ir
City Clerk
Publi.h,d offici,lly in th, T'¡'groph
H",ld N'w.p'per thi. lJth d,y of M,y
1976.
L,o F. F,ommolt
City Clerk
It 5/lJ
Counciiman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas-Mayor Lundh, Counciimen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Dubuque 76 Inc. re-
questing permission to conduct a
parade on June 20, 1976, present-
ed and read. Counciiman Stackis
moved that the request be ap-
proved. Seconded by Councilman
Wertzberger. Carried by the fol-
iowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petition of Colts Drum & Bugle
Corps requesting use of Locust
Street Parking Ramp at 8th & Lo-
cust Sts. to conduct a teen dance
on May 26th, presented and read.
Councilman Stackis moved that
the request be approved subject
to coordination of the City Man-
ager. Seconded by Counciiman
Wertzberger. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Yeas-Couneilman Stackis.
Nays-Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
MOTION FAILED.
Proof of Publication, certified
to by the Publisher, of Notice for
reiease of funds for a project for
the purchase of cleared land in
The Downtown Urban Renewal
Project, presented and read. Coun-
ciiman Stackis moved. that the
proof of publication be received
and fited. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Counciimen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice of ap-
plication for a Community Devei-
opment Block Grant and an An-
nuai performance report to HUD,
presented and read. Counciiman
Stackis moved that the proof of
publication be received and fited.
Seconded hy Councilman Wertz-
berger. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
A Resolution requiring abutting
property owners to make sewer
and water connections along
Tower Drive, presented and read.
Counciiman Stackis moved that
the resolution be referred back to
the Engineering Department. Sec-
onded by Counciiman Wertzber-
ger. Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None-
May 5, 1976
To the Honorable Mayor
and City Councii
I hereby submit the pians and
specifications for the reconstruc-
tion of Jackson Street from 12th
to 22nd Streets.
The estimated cost of the proj-
ect is $158,321.17, 70% of which
is reimbursable under Federai Aid
to Urban Systems Funds.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Counciiman Tully moved that
the communication be received
and fited. Seconded by Counciiman
Wertzberger. Carried by the foi-
lowing vote:
Yeas-Mayor Lundh, Counciimen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 155.76
Approvai of Preliminary Esti-
mate, Proposed Plans, Specifica-
tions, form of Contract, Piat and
all other documents for the reCon-
struction of Jackson Street from
12th to 22nd Street, in the esti-
mated amount of $158,124.48, pre-
sented and read. Councilman Tully
moved adoption of the resoiution.
Seconded by Counciiman Wertz-
berger. Carried by the following
vote:
Special Session, May 10, 1976
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 156-76
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on fite 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
the same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each iot, for the re-
construction of Jackson Street
from 12th Street to 22nd Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the publie wel-
fare to make the herein mentioned
improvement, and unless property i
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on fite with
the City Cierk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privateiy owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjaeent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the Road Use Tax
Funds. Bonds shall be issued and
soid in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment distriet shall be as-
sessed to and paid by the rati-
way company.
The above resolution was intro-
duced, approved and ordered
placed on me with the City Clerk
this 10th day of May, 1976.
Approved and placed on fite for
final action.
Approved:
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Couneilman Tully moved ap-
proval of the resolution. Seconded
by Counctiman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
May 6, 1976
To the Honorabie Mayor
and City Councti
I hereby submit the attached
sheets no. 1 to 6 inclusive, show-
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque Reconstruction of
Jackson Street from 12th Street to
22nd Street.
Submitted May 6, 1976.
John L. White, P.E.
City Engmeer
Counctiman Tully moved that
the communication be received
and filed. Seconded by Counciiman
Wertzberger. Carrted by the fol-
lowing VOLe:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuJiy, Wertzberger.
Nays-None.
223
224
Special Session, May 10, 1976
RESOLUTION NO. 157.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section I. That the attached
sheets no. 1 to 6 inclusive, are
hereby determined to be the sched-
uie of proposed assessments for
the City of Dubuque Reconstruc-
tion of Jackson Street from 12th
to 22nd Street, and the valuations
set out herein, are hereby ap-
proved.
Adopted this 10th day of May,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tul!y Jr.
Richard Wertzbergér
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
Councilman Tul!y moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis,Tul!y, Wertzberger.
Nays-None.
(Fixing date of hearing)
RESOLUTION NO. 158.76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 155-76 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
reconstruction of Jackson Street
from 12th Street to 22nd Street
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im'
provement has been introduced
and is now on file in the City
Cierk's office for public inspection,
BE IT THEREFORE RESOLVED
that on the 1st day of June 1976,
a public hearing will be heW at
7:30 o'clock P.M. C.D.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 plans and speci-
fications and proposed form of
contract and at the same time to
the boundaries of the proposed
district, to the cost of the improve-
ment, to the amount proposed to
be assessed against any lot and to
the passage of the proposed Reso-
lution 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 pub-
lished in some newspaper pub-
lished in the city of Dubuque, the
1st of which shal! be not less than
10 days prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Cierk objec-
tions to the amount of the pro-
posed assessment, they shal! have
been deemed to have waived al!
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
finai decision thereon.
Passed, adopted and approved
this 10th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tul!y Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tul!y moved adop-
tion of the resoiution. Seconded by
Councilman Wertzberger. Carried
by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
April 27, 1976
To the Honorable Mayor
and City Council
I hereby submit an agreement
with the Iowa Department of
Transportation for the paving of
Jackson Street from 12th to 22nd
Street. We are presently advertis-
ing for bids on the section from
22nd to Diamond, and now would
like to proceed with the section
from 12th to 22nd. The project
was broken down into these two
stages in order to better meet
Federal Aid to Urban Systems
funding requirements.
This agreement al!ows for the
use of FAUS funds for 70% of
the $158,321 project cost. The re-
maining 30% is to be made up of
Special Session, May 10, 1976
special assessments and City share.
The project consists of an as-
phalt overlay from 12th to 22nd
Street, with new school crossing
signals at 15th and Jackson.
Gilbert D. Chavenel!e
City Manager
Councilman Tul!y moved that
the communication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
RESOLUTION NO. 159.76
Resolution authorizing execution
of agreement between City of
Dubuque, Iowa and Iowa Del.
partment of Transportation re-
lating to the repaving of Jack.
son Street from 12th Street to
22nd Street.
That the Mayor and City Clerk
be and they are hereby authorized
and directed to execute agreement
number 76-F-052 with the Iowa
Department of Transportation, two
copies of which are attached, re-
iating to the repaving of Jackson
Street from 12th Street to 22nd
Street.
Pased, approved, and adopted
this 10th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tul!y Jr.
Riehard. Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
Councilman Tul!y moved adop-
tion of the resolution. Seconded
by Councilman Wertzberger. Car-
ried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
RESOLUTION NO. 160.76
Approval of Preliminary Esti-
mate, Proposed Pians, Specifica-
tions and al! other documents for
construction of Expansion of Wa-
ter Treatment Plant and Construc-
tion of Water Plant Soiids and
Handiing Faciiities, in the esti-
lI\ated amount of $8,039,010, pre-
señted and read. Councilman Stack-
is moved adoption of the resolu-
tion. Seconded by Mayor Lundh.
Carried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
RESOLUTION NO. 161.76
RESOLUTION providing for a
hearing on proposed plans, spec-
ifications and form of contract
for improvements and extensions
to the municipal waterworks
plant and system in and for the
City of Dubuque, Iowa, and pro.
viding for taking bids in connec.
tion therewith.
WHEREAS, the City of Dubuque,
in Dubnque County, Iowa, did here-
tofore establish a municipal wa-
terworks piant and system in and
for said City whieh has for many
years been supplying water and
water service to said City and its
inhabitants, and the management
and control of said plant and sys-
tem is vested in the City Council
of said City and no board of trus-
tees has ever been creàted for
this, purpose; and
WHEREAS it is necessary and
desirable that said municipal wa-
terworks plant and system be im-
proved and extended by expanding
and improving the water treat-
ment plant and by constructing
water plant soiids handiing facii-
ities, together with necessary
equipment, accessories and appur-
tenances, and proposed plans,
specifications and form of con-
tract for said improvements and
extensions have been prepared by
Henningson, Durham & Richard-
son, Inc., Engineers, Omaha, Ne-
braska, and Cul!en, Kilby, Carolan
& Associates, P.C., Dubuque, Iowa,
and filed with the City Clerk; and
WHEREAS the estimated cost
of said improvements and exten-
sions is $8,039,010.00 and it is
necessary to fix a time and place
of hearing on said proposed plans,
specifications and form of contract,
to provide for the taking of bids
in connection therewith and to
give notice thereof;
NOW, THEREFORE, Be It and It
Is Hereby Resolved by the City
Council of the City of Dnbuque,
Iowa as follows:
Secti!>n I. That the plans, speci-
fications and form of contract re-
ferred to in. thepreambie hereof
225
226
Special Session, May 10, 1976
Special Session, May 10, 1976
227
be and the same are hereby ap-
proved, subject to the hearing
hereinafter provided, and that the
24th day of May, 1976, at 7:30
o'clock P.M., at the Council Cham-
bers in the City Hail in the City
of Dubuque, Iowa, is hereby fixed
as the time and place of hearing
on said proposed plans, specifica-
tions and form of contract for the
improvements and extensions to
the municipai waterworks plant
and system in and for said City
of Dubuque, Iowa, referred to in
the preamble hereof.
Seètion 2. That the 29th day of
June, 1976, at 10:00 o'clock A.M.
at the Council Chambers at the
City Hail, Dubuque, Iowa, is here-
by fixed as the time and piace for
taking bids for said improvements
and extensions.
Section 3. That separate notices
of said hearing and of the receipt
of said bids be pubiished by the
City Clerk in conformity with Sec-
tions 362.3, 384.96, and 384.102 of
the Code of Iowa 1975 as amended.
Passed and approved May 10,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tuily Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilman
Attest:
Leo F. Frommelt
City Clerk
Recorded May 10, 1976.
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Brady. Carried by
the foilowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuily, Wertzberger.
Nays-None.
RESOLUTION NO. 162.76
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 foilowing applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "B" BEER PERMIT
Evening Optimist Ciub of Du-
buque, McAleece Field (Also
Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Aivin E. Lundh
Mayor
Thomas A. TuUy Jr.
Riehard Wertzberger
James E. Brady
Emil Stackis
Councilmen
RESOLUTION NO. 164-76
WHEREAS, appiicationsi for
Liquor Licenses have been sub-
mitted to this Council for approv-
al and the same have been exam-
ined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the foUowing appiications be ap-
proved and iicenses issued upon
the compliance with the provi-
sions of Chapter 131, Acts of the
First Reguiar Session, 64th Gen-
eral Assembiy.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Riverside Bowl, Inc., 1860 Haw-
thorne St (Also Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. TuUy Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Couneilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded
hy Mayor Lundh. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
RESOLUTION NO. 163.76
WHEREAS, appiications for
Beer Permits were filed by the
within named applicants and they
have received the approvai of this
Council; and
WHEREAS, the premises to be
occupied by such apppiicants 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 foUow-
ing named appiicants a Beer Per.
mit.
CLASS "B" BEER PERMIT
Evening Optimist Club of Du-
buque, McAleece Field (Also
Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Aivin E. Lundh
Mayor
Thomas A. TuUy Jr.
Richard Wertzberger
James E. Brady
Emil Staekis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Mayor Lundh.Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
RESOLUTION NO. 165-76
WHEREAS, appiications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of
thIs Couneil; and
WHEREAS, the premises to be
occupied by sueh applicants were
inspected and found to comply
with the State Law and aU City
Ordinances reievant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED hy the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the foUowing named appiicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Riverside Bowl, Inc., 1860 Haw-
thorne St (Also Sunday Sales)
Passed, adopted and approved
this 10th day of May 1976.
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded
by Mayor Lundh. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Couneilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Alvin E- Lundh
Mayor
Thomas A. TuUy 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
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Mayor Lundh moved to cancei
the Hearing for Frankiin Presley
d/b/a The Broken Spur at 342
Main Street, scheduled for May
17th. Seconded by Councilman
TuUy. Carried by the foUowing
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuily, Wertzberger.
Nays-None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
TuUy. Carried by the foUowing
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Leo F. Frommelt
City Cierk
Approved
1976
Adopted
1976
-...............................................................
.................."............................................
Councilmen
Attest: "-""""""Ciï;'cï~~k""""""'"
228
Adjourned Special Session, May 17, 1976
CITY COUNCIL' minutes of their meeting of April
\29, 1976, presented and read. Co~n-
cIÎman TuUy moved that the mm-
OFFICIAL utes be received and filed. Sec-
onded by Councilman Wertzber-
ger. Carried by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Doek Commis-
sion submitting minutes of their
meeting of April 21, 1976; along
with a track use report and wharf-
age study, presented and read.
Councilman TuUy moved that the
communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Adjourned Special Session, May
17, 1976.
Council met 01 7:30 P.M. (C.D.T.)
Presanl ~ Mayor Lundh, Coun.
cilmen Brady, Slackis, Tully,
Wertzberger. Cily Manager Gilberl
D. Chavenelle.
Mayor Lundh read the can and
stated that service thereof had
been duly made and this Meeting
is AN ADJOURNED MEETING OF
THE SPECIAL MEETING OF
APRIL 19, 1976, TO CONSIDER
AN AMENDMENT TO ZONING
ORDINANCE NO. 32.75 OF VARI.
OUS PROPERTIES IN THE WASH.
INGTON STREET NEIGHBOR.
HOOD and acting upon such other
business as may properly come be-
fore a Regular Meeting of the
Council.
The foUowing proclamations I
were approved and signed-Week
of June 19-27 as "National Tennis
Week" and Sunday, June 20, 1976,
as Colts Drum and Bugle Corps
"Music On The March Day".
Communication of Association
of Wa-tan-ye Ciubs, Inc. hoping to
publicize a Bicentennial Queen
and King Contest and requesting
to appear before the Council on
May 17th, presented and read. Lo-
retta Meyer and Dariene O'ConneU
addressed Council reiative to com-
munication. Councilman Stackis
moved that the communieation be
received and filed and Contest be
endorsed. Seconded by Council-
man Wertzberger. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Youth Ser-
vices Board of Directors submit-
ting minutes of their meeting of
April 20, 1976, presented and read.
Councilman TuUy moved that the
minutes be received and filed. See-
onded by Councilman Wertzber-
ger. Carried by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Dubuqne
Transit Trustee Board submitting
Communication of Neva L.
Shoars, President of Hill Neighbor-
hood Ass'n. expressing their
thanks to the Council for oppor-
tunity given to them at the last
meeting, presented and read.
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man TuUy. Carried by the foUow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of East Central
Intergovernmental Ass'n. submit-
ting a survey of interest in shar-
ing professional services in both
engineering and legal services and
requesting completion, presented
and read. Councilman Stackis
moved that the communication be
received and filed. Seconded by
Councilman TuUy. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Piayground &
Recreation Commission submitting
minutes of their meeting of May
10, 1976, presented and read.
Councilman TuUy moved that the
minutes be received and filed. Sec-
onded by Councilman Stackis. Car-
ried by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
, Brady, Stackis, TuUy, Wertzberger.
I Nays-None.
Adjourned Special Session, May 17, 1976
Communication of DOT, ad-
dressed to the Mayor, referring to
the Bikeway Demonstration Pro-
gram, referring to information and
guideline maieriai for submitting
a proposal to participate in a $6
million Federal Program, present-
ed and read. Councilman TuUy
moved that the communieation be
received and filed. Seconded by
Councilman Wertzberger. Carried
by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of DOT, ad-
dressed to the Mayor, submitting
copies of Transplan 76 and the
Summary of Transplan 76, as ap-
proved by them in March, 1976,
presented and read. Councilman
TuUy moved that the communica-
tion be received and filed and re-
ferred to the City Manager. Sec-
onded by Councilman Wertzberger.
Carried by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Citizens Ad-
visory Commission submitting min-
utes of their meeting of May 12,
1976, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Councilman TuUy. Car-
ried by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Recreation
Commission submitting status re-
port on meeting between Recrea-
tion Department and Men's Soft
BaU Ass'n. regarding cost of op-
erating the soft ban program, pre-
sented and read. Mayor Lundh
moved that the communication be
received and filed. Seconded by
Councilman TuUy. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
May 13, 1976
Honorabie Mayor and Members
of the City Council:
I have approved the foUowing
bond and continuation sidewalk
construction certificates for the
foUowing:
229
CONTINUATION CERTIFICATES
Schwers Construction Co. The
Merchants Mutual Bonding Co.
$1000. 1A-24258, continued to
4-24-77.
Lloyd P. Luber, The Merchants
Mutual Bonding Co. $1,000 Bond
No. 253247, continued to March
5, 1977.
Ruth C. Timmerman d/b/a Tim-
merman Construction Co. Uni-
versal Surety Co. continued to
April 30, 1977.
We also have for filing and ap-
prove by the City Attorney the foi-
iowing General Liabiiity policy as
foUows:
Egelhof Funeral Home et ai, Bi-
tuminous Casualty Corporation
Policy No. GA 774257 from May
18, 1976 to May 18, 1977. (rentai
of city owned parking iot)
Gilbert D. ChaveneUe
City Manager
Councilman Stackis moved that
the Communication be received
and filed and approved for filing.
Seconded by Councilman TuUy.
Carried by the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Airport Com-
mission submitting minutes of
their meeting of May 12th and
13th, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Sec-
onded by Conncilman Brady. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
May 14, 1976
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
ceived the petition of Mr. Ken
Schromen, hereto attaehed, re-
questing consideration of C-l Com-
mercial District zoning on his
property at 2769. Central Avenue
in the City of Dubuque, Iowa.
The subject property described
as Lot 261 of Davis Farm Addi-
tion, is zoned R-4 Residential Dis-
trict on the current map, but had
been classified in the "A" and "B"
Business Distriet classification
prior to the adoption of the new
Zoning Map. Mr. Schromen is re-
230
Adjourned Special Session, May 17, 1976
questing that the property be re-
ciassified to permit business use.
The Planning and Zoning Commis-
sion wiil review this petition at
theil" meeting of May 19th.
Daniel Dittemore
Development Planner
Mayor Lundh moved that the
communication be received and
ftied and referred to Planning &
Zoning Commission. Seconded by
Councitman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
May 6, 1976
Honorable Mayor and
City Councitmen
Claim was ftied by Michael Lee
Humphries against the City of Du-
buque in the amount of $45.02 for
alleged damage to his motor vehi-
cle on December 24, 1975, occur-
ring as a result of driving over a
protruding pipe on Roosevelt St.
This matter was referred to the
City Attorney who has made an
investigation thereof, and claim-
ant has made an offer of settle-
ment in the amount of $45.00. In
view of the foregoing it is the rec-
ommendation of the City Attorney
that said offer of settiement be ac-
cepted and that the City Auditor
be directed to prepare a warrant
payment to Michaei Lee Humph-
ries in the amount of $45.00 and
transmit same to the City Attor-
ney for delivery upon receipt of
properly executed releases.
R. N. Russo
City Attorney
Councitman Tully moved that
the communication be received
and ftied and recommendation of
settlement be approved. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councitmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Notice of Expiration of right of
redemption and for taking Tax
Deed on the property in East Du-
buque Addn., formerly owned by
Pat J. Norton Estate (property
aiong R.R. Tracks at 12th St.), pre-
sented and read. Councitman Tully
moved that the Notice be referred
to the City Attorney for proper
proceedings. Seconded by Coun-
citman Wertzberger. Carried by
the following vote:
Yeas-Mayor Lundh, Councitmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinanee
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 Generai
Commercial District to the OR-1
Office-Residentiai District Classi-
fication; and to further amend Or-
dinance No. 32-75 by reclassifying
hereinafter described properties
bounded on the North by East 14th
Street, on the West by Washington
Street, on the South by East 13th
Street and on the East by the
alley lying between Eim Street
and the Raitroad Tracks from the
H-l Heavy Industrial District to
the OR-I Office-Residential District
Classification, said Ordinance hav-
ing been previously presented at
the Council Meetings of March 29,
1976 and April 19, 1976, presented
and read. Councilman Brady
moved to suspend the rules to iet
anyone present address the Coun-
cit if they so desire. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas-Mayor Lundh, Councitmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
John J. "Hank" Waltz spoke rel-
ative to the proposed Ordinance,
stating Homes were in the area
prior to zoning of any type;
Working Seven Months on the
project with littie results; Wiiling
to concede to go Commercial in
the area as iong as homes present-
ly in the area are considered;
Asked to include Whelan Block
in the proposal.
Attorney Michael King, repre-
senting residents of the Washing-
ton Street Neighborhood, stated
tcend in the area is the same;
No new residences built in the
area in the last 30 years; Request
eleviating possibie burdens. Coun-
citman Tully moved to table the
Original Ordinance. Seconded by
Adjourned Special Session, May 17, 1976
Councilman Brady. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays-Councitman Wertzberger.
May 14, 1976
Honorabie Mayor and
City Councii
Your consideration of zoning is-
sues in portions of the Washing-
ton neighborhood south of 14th St.
has now come to focus on two
points:
1. Existing residences in the C-4
and H-I distriets are potentially
non-conforming uses and may suf-
fer some restriction on the extent
of maintenance, repair or rebuitd-
ing that may be undertaken. A
staff report was submitted which
indicated that a more liberai in-
terpretation of the ordinance was
possible, and that within the C-4
district residentiai uses could be
administered as conforming uses.
It is acknowledged, however, that
the matter is not clear and that
the ordinance might be amended
to resolve any uncertainty.
2. White many or perhaps a ma-
jority of property owners may
find their hest interests to lie in
continuation of commercial or in-
dustrial zoning, the random incur-
sion of such uses can cause sub-
stantial injury to adjacent residen-
tial uses due to lack of appropri-
ate con trois on commercial expan-
sion.
The adoption of the proposed
OR-I zoning would contain simitar
burdens for the commercial uses
already present in the area. The
Councit has asked that some means
be found to alleviate those bur-
dens from either residential uses
in the present zoning classification,
or from the commerciai uses in
the event of a zoning map amend-
ment. Discussions at the Councit '
table brought forth a variety of I
remedies that wouid be specific
to the area. However, simitar
mixed-use situations have been
brought to our attention, particu-
larly in the area north of 32nd
Street. It is our recommendation
that an appropriate remedy in the
Washington neighborhood, and in
similar situations, would lie in two
amendments to the text of the
zoning ordinance that would be
uniformly applicable to ail such
mixed-use districts.
231
We recommend as foilows:
1. That Section 5-106 of the zon-
ing ordinance be repealed and that
a new Section 5-106 be adopted In
lieu thereof as follows:
Seetion 5-106. Residential Dwell-
ing Permitted in Commercial
and Light Industrial Districts.
Within any C-1, C-2, C-3, C-4,
C-5, or L-I District residential
dweilings shall be permitted in
accordance with applicable
standards of the OR-I district,
except that not iess than one
off-street parking space must be
provided for each dweiling unit.
Residential uses in the C-5 dis-
trict shall be exempted from
off-street parking requirements-
The foregoing amendment wiil
aiso require that the provisions of
the Light Industriai District be
amended to repeal that part of
Section 4-119.5 which lists residen-
tial use as a prohibited use.
2. That the zoning ordinance be
amended to add a new Seetion 5-
102.3 as follows:
Section 5-102.3. Yard Setback Re-
quired in Certain Commercial
and Light Industrial Districts.
Within any Commercial (C) Dis-
trict or Light Industriai District
(LI), any new strueture or use
of land hereafter established on
a lot abntting an occupied resi-
dential structure shall be re-
quired to provide a front yard
setback equal to the front yard
setbaek of such abutting resi-
dentiai structure, or equai to
the average setback where such
property is abutted on two sides
by occupied residential struc-
tures; providing further that
such front yard setback shall
not be reqnired to exceed 15
feet unless so provided by the
regulations of the applicable
zoning district. Any new struc-
ture or use of land hereafter es-
tablished on a lot abutting an
occupied residential structure
shall also be required to provide
a side yard or rear yard opposite
such abutting residential struc-
ture so that the distance be-
tween struetures shall be not
less than 6 feet.
The Site Planning requirements
now in force in Section 5-103 also
appiy to the C-4 and L-I Districts,
and serve to strengthen the pro-
tections against adverse eommer-
232 Adjonmed Special Session, May 17, 1976
cial encroachment into residential ORDINANCE NO. 18-76
propertie~.. An Ordinance amending and
In addItIon to the text amend- changing Ordinance No. 32.75,
ments noted .abov~, we also ~ec- known as tha "Zoning Ordinance
ommend conslderatlOn of a Zomng and Zoning Map of the City of
Map. amendment that ~ouidcha~ge Dubuque, Iowa," so as to reclas-
portlOns of the Washmgton neIgh- sify hereinafter described por.
borhood south of 1.4th Street fr~m tions of Lois 14, 15, 16, 17 and
the Heavy Industnal (HI) DlstrlCt 18 in Jaeger's Subdivision from
to the Light Industriai (LI) Dis- the R-3 Residential District
tric!, .as}h~wn on the map m~rked Classification to the L.I Light
exhIbIt A. You may also wlSh to Industrial District Classification
consider expanSion of the area ., . '
converted from H-I to L-I District Smd Ordmance havmg been pre-
to include other property in the viousl~ prese~ted and r.ead at the
vicinity where concentrations of Councll meetm¥ of Apnl. 26, 1975,
residentiai structures now exist. presented for fmai adoptlOn.
The intent of the foregoing ORDINANCE NO. 18-76
amendments is to stabilize land- An ordinanoe am,nding and chang-
use conditions in this portion of ing Ordinanoe No. 32-7>, known"
the Washington neighborhood for th, "Zoning Ordinanoe and Zoning
the duration of a more rigorous Map of th, City .of Dnhn~n', Iowa,"
neighborhood pianning process. At '° ," to. ~,d""fy h"".,ft" do-
the conclusi~n of that process, we ~c;rh:~lo;:w~~ °f,,;::~, I;~b~;;i'!:~
hope to provIde ~ more permanent from th, R-3 R"id,ntial Di"rict
and ~omprehens1Ve program for ch"¡¡ic,,ion to th, L-I Light Indu,-
resolvmg land-use confhcts and trial Di"tict d",ifi"riou.
other problems besetting this area. NOW THEREFORE B, It Ordain,d
If the recommendations meet by th, City Council of the Ciry of Du-
with your approval, we will pre- buqu" low",
pare appropriate ordinances and SECTION!. Th" Ordinanoe No. 32-
initiate proper proceedings for 75 known" th, "Zoning Ordinanoe and
their adoption. Zoning Map of th, City of Dubuque,
Daniel Dittemore Iowa" h, and rhe ..m, i, hmby am,nd-
Development Planner ,d by changing from "R-3 R"identio!
Councilman TuUy moved that Dimict" da"ific"ion to "L-! Light lu-
the communication be received du,~rial Di,~rict" da"ific"ion ?,C fol-
and filed, recommendations ap- lowmg d"cnbed r,,) ""te, to wr"
proved, and referred back to Pian- the E"t 123 f", of Lot 18; the
ning & Zoning qommission to. . ~~::~:::: g; ~::: ~~ i:::: ¡~: :~:
draw up an appropn~te Ordmance. E"t 123 fe" of Lot 15; and the
Seco~ded by Counc1i!"an Brady. Ea" 123 fe" of Lot 14 (ox"pt the
Càrned by the foUowmg vote: "ilroad right-of-way) all in J"g"',
Yeas-Mayor Lundh, Councilmen Subdiv¡'ion in the City of Dubuqu"
Brady, Stackis, TuUy. Iowa.
Nays-Councilman Wertzberger. SEcTION 2. Th" the fo"going
Proof of Publication certified amendment h" h""ofo" h"n approved
to by the Publisher, oI' Notice of I' by the Plan~ing and Zoning Commi,-
Hearing to amend Zoning Ordi- "on of the C"y of Dubuque, lo,,:a.
nance No. 32-75 by changing from P""d, adopted and apprond th" 17th
R-3 Residential District to L-I Light day of May, 1976.
Industrial District on lots in Jae-
ger Subdivision, presented and
read. No written objections were
filed and no oral objectors were
present in the Council Chamber
at the time set for the hearing.
Councilman TuUy moved that the
proof of publication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None. I It 5/20
Alvin E. Lundh
Mayor
Thom" A. Tully Jr.
Richard Wertzb"."
Jam" E. B"dy
Emil S"cki,
Councilmen
Adjourned Special Session, May 17, 1976
Councilman Stackis moved final
adoption of the Ordinance. Sec-
onded by Councilman Brady. Car-
ried by the foUowing vote:
Yeas-Mayor Lnndh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
Communication of Park Board of
City submitting a resolution and
ordinanee to prohibit consumption
and use of intoxicating liquor, wine
or beer in parks under ten acres,
presented and read.
Fred Apel of the Park Board
addressed the Council relative to
the communication. Councilman
Stackis moved that the communica-
tion Þe received and filed. Second-
ed by Councilman TuUy. Carried by
the foUowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertzberger.
Nays-None.
DUBUQUE PARK IBOARD
RESOLUTION NO. .......76
RESOLUTION APPROVING
AMENDMENT TO ORDINANCE
NO'. 24.69
WHEREAS, the Park Board of
the City of Dubuque, Iowa, believes
that Ordinance No. 24-69 should be
amended to prohibit the drinking
of liquor, wine or beer in the parks
named in the attached Amendment
to 'Ordinance; and
WHEREAS, the Park Board' of
the City of Dubuque, Iowa, believes
the enactment of such an Ordi-
nance would serve the best public
interest and the said Park Board
does hereby recommend to the
City Oouneil, City of Dubuque,
Iowa, the enactment of such
amendment.
NOW THEREFORE BE IT RE-
SOLVED BY THE PARK BOARD
OF THE ClITY OF DUBUQUE,
IOWA:
Section 1. That the Park Board
of the City of Dubuque, Iowa
does hereby recommend to the
City Council and urges the City
Council of the City of Dubuque,
Iowa, to adopt the attached Amend-
ment to Ordinance No. 24-69 to
prohibit the consumption or nse
of intoxicating liquor, wine or
beer, in the parks specified in
said amendment.
Section 2. That the Park Board
finds and determines that the
Art""
L,o F. Frommelt
Chy Cl"k
Puhli,h,d officially in the Teleg"ph
Herald N,w'pap" thi, 20th day of May
1976.
L,o F. F'Ommeit
City CI"k
233
adoption of such Amendment
would serve the public welfare
and interest, and urges the City
Council to adopt said Amendment
in order to become effective upon
the opening of the parks of the
City of Dubuque, Iowa, in May of
1976.
Passed, adopted and approved
this 13th day of May, 1976.
David J. Willoughby
Fred Apei
Thomas G. Schrup
Attest:
Richard J. Kramer
Councilman Stackis moved that
the Park Board Resolution be re-
ceived and filed and made a mat-
ter of record. Seconded by Coun-
cilman TuUy. Carried by the foi-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuUy, Wertìberger.
Nays-None.
ORDINANCE NO. 19-76
An Ordinance amending Ordi.
nance No. 24-69 by repealing
section 3 thereof and enacting
a new Section 3 in lieu thereof
to prohibit the consumption or
use of intoxicating liquor, wine
or beer in Cleveland Park, Mad-
ison Park, Jackson Park, Wash.
ington Park, Caledonia Park,
Jefferson Park, Flat Iron Park,
Grant Park, Oakwood Park, Play
Lot at 17th & Elm, Allison Hen.
derson Park and Malls Conserva-
tion Park,
Presented and read. Couneil-
man TuUy moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas - Mayor Lundh, Council-
men Brady, Tuliy, Wertzherger.
Nays-Couneilman Stackis.
Councilman Tully moved that
the ruie requiring an Ordinance
to be received and filed at two
meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas-Mayor Lundh, Councilmen
'Brady, Tully, Wertzberger.
Nays-Councilman Stackis.
234
Adjourned Special Session, May 17, 1976
Adjourned Special Session, May 17, 1976
235
ORDINANCE NO. 19-76
An o,din'n" ,mending Oedin,n"
No. 24-69 by "p"ling Secdon 3
thmof ,nd enocdng , new S"don
3 in lieu tbmof to p,obibit tbe con-
'Ompdon °' u" of ineoxicodng liq-
UOt, wine °' bcec in Clcvcbnd Pock,
M,di,on Pock, Jock,"n Pock, w"b-
ington Pock, c,ledon;, Pock, Jeff,,-
,on Pock, FI" Icon Pock, G"nt Pock,
O,kwood Pock. Pby Lo, " 17th &
Elm, AlIi,on Hend",on Pock ,nd
M,O' Con",."ion Pock.
NOW THEREPORE Be It Oed'¡ned
by ,he City Oouncil, City of Dubuque,
low"
SECTION 1. Th" O,di",nce No. 24-
69, be ,nd the ..me ¡, he"by ,mended by
tCp"ling S"don 3 thmof ,nd enocdng
, new S"don J in lieu th",of " fol-
low",
"sEcTION 3. The con'Ompdon Ot u"
of intox",dng liquo" wine oe be" in
p,omi"uou, m,nn" by ,ny p",on i,
hetCby pcohibitcd. No be" in coo"in"'.
commonly tCfe",d " keg hoce, ,h,1I be
btOught into '"y pock Ot pockw,y by
,"y p",on.
,. The co",umpdon Ot u" of intoxi-
c"ing liquo" wino Ot be" i, ptO-
hibitcd in the following DOmed
pock, to wit, Clmbnd Pock, M,di-
,on Pock, Jock,"n Potk, W"hing-
ton Pock, C,ledon;, Pock, Jeff,,-
,on Pock. FI" I'on Pock, G"nt
Pock, O,kwood Pock, Pby Lo, 17th
& Elm, AlIi,on Hend",on Pock.
M,u, Co",e",don Pock."
P",ed, ,doptcd ,nd 'pptOved ,hi, 17th
d,y of M,y, 1976.
Alvin E. Luodh
M,yo,
Thom" A. Tully Je.
Rkhocd Wectzb"g"
J,m" E. B"dy
Coundlmen
Act""
Leo F. FtOmmd,
City CI"k
Publi,hed offid,lIy iu ,he Teleg"ph
H",Id New,p'p" thi, 20th d,y of M,y
1976.
Leo F. Frommelt
City CI"k
It 5/20
Councitman Tuily moved final
adoption of the Ordinance. Sec-
onded by Councitman Brady. Car-
ried by the foilowwing vote:
Yeas-Mayor Lundh, Couneilmen
Brady, Tuily, Wertzberger.
Nays-Councilman Stackis.
Councilman Brady submitted the
foilowing proposal as an amend-
ment to the Park Board Ordi-
nance.
"Add to section 3
b. The consumption or use of
intoxicating liquor, wine or beer
is prohibited except in those
cases where a park drinking per-
mit has been issued in the fol-
lowing parks to-wit: Murphy, Ea-
gle Point, Fiora and F.D.R. parks.
The Board shail have the author-
ity to issue or deny such permits
to applicants as may appiy to the
Park office at least 24 hours in
advance of the permit use. Such
permit shail be valid any time
from opening to closing of the
park specified on the permit, so
long as the person to whom the
permit is issued is present. The
permit holder is responsibie for
ail clean-up of cans, litter, and
shail be heid responsible for any
vioiations of law. That this permit
shail be dispiayed so as to be vis-
ible to law enforcement officials,
and must be presented on demand.
c. Enforcement of a and b pen-
alty clause."
Councitman Tuily moved that
the proposed amendment be re-
fered to the Park Board for con-
sideration and to report back to
the Council also to seek Advisory
Commission input. Seconded by
Councilman Brady. Carried by the
foilowing vote:
Yeas-Councitmen Brady, Toily,
Wertzherger.
Nays-Mayor Lundh, Council-
man Stackis.
50Ø charge represents a 29.4% in-
crease. If one applies this percent-
age to the sales reported by the
cab company in 1975, the rate in-
crease wouid generate $80,750.
The cab company maintains that
approximately 60% of any in-
crease wiil be absorbed in pay-
roil costs; specificaily in commis-
sion to drivers and related payroil
taxes. Consequentiy the net in-
crease in profit to the company
with the rate increase couid he as
much at $32,300. The company
contends that this additional reve-
nue is needed to cover current
operating expenses and for the ac-
quisition of newel' equipment.
Your adoption of this ordinance
is recommended.
Francis A. Murray
Asststant City Manager
Mrs. Luerkens, owner of the
Taxicab Company, addressed the
Council reiative to the request
for increased taxicab rates in the
City. Councilman Stackis moved
that the communication be re-
ceived and filed. Seconded by
Councitman Tuily. Carried by the
foilowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuily, Wertzberger.
Nays-None.
ORDINANCE NO. 20.76
An Ordinance amending Ordi.
nance No. 11.69 by repealing
Section 2 thereof and enacting a
new Section 2 in lieu thereof to
provide for the fixing and es.
tablishment of rate. and prices
for transportation of passengers
by taxicab,
Presented and read. Councitman
Stackis moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Mayor Lundh. VOTE ON
THE MOTION WAS AS FOL-
LOWS:
Yeas-Mayor Lundh, Councitmen
Stackis, Tuily.
Nays-Councitmen Brady, Wertz-
berger.
MOTION FAILED DUE TO %
VOTE REQUIRED.
Councilman Stackis moved that
the rule requiring an Ordinance
to be received and filed at two
meetings prior to the meeting
when finai action is taken, be dis-
pensed with. Seconded by Mayor
May 14, 1976
Honorable Mayor and
City Council
The A-OK Yeilow Cab Compa-
ny, Inc. recentiy submitted to the
Council a request for increased
taxicab rates in the city.
We have had a meeting with
the management of the cab eom-
pany, have reviewed their finan-
cial statement and have concluded
that a rate increase is justified.
From the attached financial
statement it can be noted:
Sales in 1975 were $274,662.10
Net Profit 10,515,50
Current Assets 14,045,35
Current Liabiiities 26,353.85
The present rate is 90Ø for the
first '\í; mite and 10Ø for each
additional '\í; mite. The proposed
rate is $1.00 for the first \14 mite
and 20Ø for each additional \14
mile.
For a trip of 1% mites the pres-
ent charge is $1.70. Under the pro-
posed rates a trip of 1% mites
would cost $2.20. The additionai
Lundh. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas-Mayor Lundh, Councilmen
Stackis, Tuily.
Nays-Councilmen Brady, Wertz-
berger.
MOTION FAILED DUE TO %
VOTE REQUIRED.
Councilman Stackis moved final
adoption of the Ordinance. Second-
ed by Mayor Lundh. VOTE ON
THE MOTION WAS AS FOLLOWS:
Yeas-Mayor Lundh, Councilmen
Stackis, Tuily.
Nays-Councilmen Brady, Wertz-
berger.
MOTION FAILED DUE TO %
VOTE REQUIRED.
Councilman Wertzberger moved
for reconsideration of the vote.
Seconded by Councilman Tuily.
Carried by the foilowing vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Tuily, Wertzberger.
Nays-Councitman Brady.
Councilman Stackis moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Tuily.
Carried by the foilowing vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Tuily, Wertzherger.
Nays-Councitman Brady.
Councilman Stackis moved that
the rule requiring an Ordinance to
be received and filed at two meet-
ings prior to the meeting when
finai action is taken, be dispensed
with. Seeonded by Councilman
Tuily. Carried by the foilowing
vote:
Yeas-Mayor Lundh, Councitmen
Stackis, Tuily, Wertzberger.
Nays-Councilman Brady.
ORDINANCE NO. 20-76
An oedin'n" ,m=ding O,din,n"
No. 11-69 by tCp"ling Se"ion 2
the"of ,nd ,nocting , new S"don
2 in lieu th",of to pwvid, fo, the
fixing ,nd ""bli,hmen, of "'"
,nd pd", fo, t"n,po",tion of P"-
"ng'" by ",icob.
NOW, THEREFORE, Be It O,d'¡ned
by the City Coune;] of the City of Du-
buque, low"
SECTION 1. Tho< Section 2 of Oedi-
n,nco No. 11-69 be ,nd the ..m, i, h",-
by "p,,¡,d 'nd dut , new Section 2 be
e"""d in lieu the"of " follow",
SECTION 2. Th" Secdon 13 of 0,-
din,"" No. 33-57, " ,mended by Oedi-
n,nce No. 40-65 i, hmby "p"l,d ,nd
a n,w "ction 13 tnoctcd in Ii,u th",of
" follow",
236
Adjourned Special Session, May 17, 1976
Adjourned Special Session, May 17, 1976
S"don 13. Th, following '" h",by I adoption of the Ordinance. Second-
fixed .nd ",.bli,h,d " th, "'" .nd ed by Councilman Tuliy. Carried
ch"g" fo' th, """'po""ion of p"- by the foliowing vote:
"~g,,, wi,hin ,he City limi" of the Yeas-Mayor Lundh, Councilmen
C"y of Duhuque, low", Stackis, Tully, Wertzberger.
.. ~~:t P,ÿ',¡g:ile 11.00 Nays-Councilman Brady.
Eoch .ddidon.1 (v.,) mile 20c Petition of Mrs. Charles Cushing
b. 1. Two 0' mote p""ng'" (not ox- requesting a yield sign, stop sign
c"ding n, ,om, poin" of ndgin .nd or speed limit sign placed at in-
d~"in":nn-'~¡"'d g'oup' . tersection of Berkley & Oak Crest;
Pmt (v.,) mde 11.00 also showing concern about inter-
~:~~ ::~i:i~::~'n<[,~) mile ;~~ section at Dodge coming on. to
2. Two 0' mnte p""ng",-untd"ed Locust St. from under the brIdge
g,oup-<och p""ng" p.y, met",d and suggestIng the InstallatIOn of
moo a stop iight, presented and read.
Fi"t (v.,) mil, 11.00 Councilman Tully moved that the
E,ch ,ddidoMI (v.,) mile 20c petition be received and fited and
c. Two 0' mote p,,"ng'" (not exc"d- referred to the Traffic Committee.
ing n, ..me point nf odgin bu' dif- Seconded by Councilman Wertz-
totent d"dn"ion" berger. Carried by the following
Eoch p""nget d;,ch"ged p,ys mot- vote:
,,:d. "'e f,nm ndgin. Yeas-Mayor Lundh, Councilmen
Mmlmum ch"ge m ,11 c,," sholl he Brady, Stackis, Tully, Wertzberger.
d. t~~i~~s poin" of odgin .nd d"tin.- Nays-None.
tion, Proof of Pubiication, certified
1. Fi", p""ng" p.y, mot",d "te to by the Publisher, of Notice to
.~ foll~w" . Contractors of the receipts of pro-
Fmt (y:<! mIle. 11.00 posals for the reconstruction of
Eoch .dd"'onM (v.,) mde 20c Jackson Street from 22nd to Dia-
f~w~;h"quent p""ng'" p,y "fol- mond . Street, presented and read.
Dwp Ch"ge 11.00 Councllman Tully moved that the
Plus diffmn" in "co,ded mete' proof of publication be received
ch"ge (computed" ZOc/v., mile) and fited. Seconded by Council-
¡'om otigin to d",in"ion. man Wertzberger. Carried by the
c. R",s include o,din"y lugg.ge. following vote:
f. W,¡ting ch"ge will h, 19.00 pet Yeas-Mayor Lundh, Councilmen
hou, " ",o,ded on time me", .ft" Brady, Stackis, Tully, Wertzberger.
p""ng" is picked up. Nays-None.
g. When ""vice is p,ovided to mote
th.n one (I) p""nget on . tdp, the
ddvet sh.ll "que" .nd ",dve the
0,,1 con"nt of the odgin,l p""ng'"
hcfo" p,oviding ,mi" to .ddidon.1
p""nge".
SECTION 2. Th" O,din,nce No. 29-
74 p""d .nd .dopted th, 22nd d.y of
Apdl, 1974, be .nd the ..me is h",hy
"p"l,d.
P""d, ,ppwved .nd ,dop"d this 17th
d,y of M.y, 1976.
Alvin E. Lundh
M.yo,
Thom" A. Tully I'
Rich"d Wmzb"g"
Emil Stocki.
Councilmen
Atte'"
Leo F. F,ommdt
City CI"k
Published offici,lly in th, T,leg"ph
H,,'¡d N,w.p'p" ,hi, 20th d.y of M.y
1976.
L,o F. F,ommelt
City Cletk
It ¡/20
Councilmen Stackis moved final
May 14, 1976
To the Honorable Mayor
and City Council
Pursuant to your instruetions,
sealed proposais were received un-
til 10:00 a.m., C.D.T., Friday, May
14, 1976 for the reconstruction of
Jackson Street from 22nd Street
to Diamond Street.
The iow bid was submitted by
Tschiggfrie Excavating of Dubuque,
Iowa, with a bid of $155,095.78.
This bid is 35.4% under the Engi-
neer's Estimate.
I recommend that the eontract
for the improvement be awarded
to Tschiggfrie Excavating of Du-
buque.
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 166.76
WHEREAS, sealed proposals
have been submitted by contractors
for the reconstruction of Jackson
Street from 22nd Street to Dia-
mond Street pursuant to Resolu-
tion No. 127-76 and notice to bid-
ders published in a newspaper
published in said City on April
22, 1976; April 29, 1976 and May
6, 1976; and
WHEREAS, said sealed proposals
were opened and read on May 14,
1976, and it has been determined
that the bid of Tschiggfrie Exca-
vating of Dubuque in the amount
of $155,095.78 was the lowest bid
for the furnishing of all labor and
materials and performing the work
as provided for in the pians 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, sub-
ject to the concurrence of the
Federal Highway Administration
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.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approvai of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the un-
successful bidders.
Passed and adopted this 17th
day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Gilbert D- Chavenelle
City Manager
Councilman Tully moved that
the communication be received
and filed. Seconded by Council-
. man Wertzberger. Carried by the
I following vote:
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resointion. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None-
RESOLUTION NO. 167.76
Resolution roquiring abutting
property owners to make sewer
and water and gas connections,
providing gas connections are
available as wanted at time of
street construction.
WHEREAS, the City Council
has heretofore adopted Resolution
No. 108-76, being the Resolution
of Necessity for permanently im-
proving Tower Drive.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section I. That the owners of
ali property abutting on said im-
provement are hereby required to
make connections from the sewer,
water and gas mains to the curb
iine of said property prior to May
31, 1976.
Section 2. That the City Clerk
is hereby authorized and directed
to serve a written notice on such
abutting property owners in ac-
cordance with Ordinance No. 128,
ordering compliance with this Res-
olution;
Section 3. That in the event any
such property owner shali fail or
refuse to make such connection
within the time set out in this
Resolution, then the City Manag-
er shall proceed to have said con-
nection made upon a contract
made and entered into for that
purpose and upon compietion, re-
port said fact together with the
cost thereof to the City Council,
whereupon the cost of such con-
nection shali be assessed against
such abutting property.
Adopted this 17th day of May,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Brady. Carried by
the foliowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuliy, Wertzberger.
Nays-None.
237
238
Adjourned Special Session, May 17, 1976
May 12, 1976 I
Honorable Mayor and
Members of City Council
Contracts for the sale of urban
renewal land provide that the City
of Dubuque will tssue Certificates
of Completion whenever the re-
quired improvements have been
satisfactorily completed.
The Ames Realty Company pur-
chased two parcels of iand in 1970
upon which two buildings have
been erected. This land is located
on the easteriy sido of Iowa Street
at Ninth.
A Certificate of Compietion was
issued for the corner structure in
1970. This particuiar building is
occupied by the Ames Office Sup-
ply Company. Construction of the
second building was not compieted
untii 1974, and during the past
week the parking lot adjacent to
the building was hard surfaced in
accordance with their approved
pian. This completes aii outstand-
ing items against this building-
The enciosed resointion author-
izes the execution of a Certificate
of Compietion for this second
huilding.
Gent M. Wittenberg
Director
Councilman Tuiiy moved that
the communication be received
and filed. Seconded by Council-
man Wertzberger. Carried by the
foiiowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
RESOLUTION NO. 168.76
Authorizing the Execution of a
Certificate of Completion for
Ames Realty, Inc.
WHEREAS, under date of Au-
gust 12, 1970, the City of Du-
buque entered into a contract for
the Sale of Land for Private Re-
deveiopment with Ames Reaity,
Inc. for the reai estate hereinafter
described; and
WHEREAS, pursuant to the
terms of the said contract the sub-
ject real estate was subsequentiy
conveyed under date of October
19, 1970, by the City of Dubuque
to Ames Realty, Inc. who con-
structed thereon certain improve-
ments; and
WHEREAS, Section 307 of the
said contract provides that upon
completion of the improvements
the City of Dubuque will furnish
Ames Realty, Inc. a Certificate of
Completion; and
WHEREAS, it has been deter-
mined that the requiced improve-
ments have been satisfactorily
compieted; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section I. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
a Certificate of Completion for
Ames Realty, Inc. for the improve-
ments located on Lot 2 of Subdivi-
sion of Block 2 in Dubuque Down-
town Plaza in the City of Dubuque,
Iowa, situated in the Downtown
Urban Renewal Project, Iowa R-15.
Section 2. That the Cierk be and
he is hereby authorized and di-
rected to file a copy of this reso-
lution and the executed copy of
the Certificate of Compietion in
the office of the County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 17th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tuiiy Jr-
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Tuiiy moved adop-
tion of the resolution. Seconded
by Couneilman Wertzberger. Car-
ried by the foiiowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
May 14, 1976
Honorable Mayor and
City Council
A Concept Statement and pre-
liminary engineering feasibiiity
study for a proposed impoundment
structure on the North Fork of the
Catfish Creek was presented to
the City Council on December 23,
1974. Since that time, we have
been unable to make significant
Adjourned Special Session, May 17, 1976
progress because of unforeseen
delays in establishing a corridor
location for the roadway portion
of the project.
As you know, the corridor loca-
tion study for the North-West Ar-
terial is now underway and a
schedule of work on that project
now indicates that we may again
take up the matter of the impound-
ment strneture in sequence with
that roadway study.
The Soil Conservation Service
has prepared the enclosed Water-
shed Work Pian, and we request
an opportmüty to present this
plan to you. The Work Plan pro-
poses a sequence of activities iead-
ing to impiementation of the proj-
ect, set forth on page 5. We rec-
ommended that the plan be adopt-
ed, and that the Mayor and City
Clerk be authorized to endorse
their approval on it. We have at-
tached a resolution for this pur- I
pose.
You should note the resolution
also instructs the city staff to
commence iand rights acquisition
and preparation of a financing
pian. We feei that it is possible
to begin those negotiati6ns now,
in expeetation that approvai of a
roadway corridor location would
occur during the period of a land
purchase option,
We are aware that several prop-
erty owners in the vicinity of the
project have voiced concern about
the impact of the project. The
Council may wish to consider a
special public hearing even though
final project details, costs, and
other specific features may not be
finaiiy resoived-
We iook forward to an oppor-
tunity to review these matters
with you.
Daniel Dittemore
Development Pianner
State and local soil conservation
officers, Wm. J- Brune, Joseph G.
Maiers, Earl Kerker, Gary Forma-
nek and Harold Boehmer spoke to
the Council relative to the pro-
posed impoundment structure on
the north fork of the Catfish
Creek.
Attorney Stephen Scott, repre-
senting Mr. Joe Siegert, also Mr.
Siegert himself, addressed the
Council seeking information as to
what is going to be done in the
area of the Siegert farm property.
The City has cut off Hillcrest and
Aurora streets at the border of
his property which seems to be
unfair according to Mr- Siegert.
Councilman Wertzberger moved
that the eommuntcation of the
Pianning and Zoning Commission
be received and filed. Seconded by
Councilman Tuiiy. Carried by the
foiiowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
RESOLUTION NO. 169.76
A Resolution approving a work
plan for the North Fork Catfish
Creek Watershed Project, and
requesl'ing th~ preparal'ion of
final engineering plans and spec.
ifications by the Soil Conserva-
tion Service USDA.
WHEREAS, a projeet concept
statement and preiiminary engi-
neering feasibility study has been
prepared for a proposed impound-
ment structure to be ioeated on
the North Branch of the Catfish
Creek in the vicinity of the present
westeriy Dubuque eity limits; and
WHEREAS, said engineering
feasibility study has established
that certain benefits to property
within the City of Dubuque may
be derived through said project
and that downstream flood haz-
ards and drainage problems may
be aiieviated thereby; and
WHEREAS, the Soil Conserva-
tion Service, USDA, has presented
a proposed Watershed Work Plan,
hereto attached and marked Ex-
hibit A;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa.
Section I. That the Mayor and
City Clerk are hereby authorized
and directed to endorse the ap-
provai of the City of Dubuque,
Iowa upon the Watershed Work
Plan for North Fork Catfish Creek,
hereto attached and marked Ex-
hibit A.
Section 2. That the City Man-
ager, City Soiicitor, and staff are
239
240
Adjourned Special Session, May 17, 1976
Adjourned Special Session, May 17, 1976
241
directed to undertake such assign-
ments as are specified in the afore-
said Watershed Work Plan, includ-
ing but not limited to determina-
tion of necessary land rights, ne-
gotiation of land rights acquisi-
tion, investigation of project costs,
construction schedules, and financ-
ing plans, and coordination of wa-
tershed and drainage improvement
activities with proposed corridor
locations for a North-West Arterial
roadway.
Passed, adopted and approved
on this 17th day of May, 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. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Wertzberger moved
that the City Council meet the
first and third Monday of each
month starting June 7th, 1976, ef-
fective June, July and August. Sec-
onded by Councilman Tully. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 170-76
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
Walgreen Co., 555 J. F. Kennedy
Drive
Passed, adopted and approved
this 17th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
RESOLUTION NO. 172.76
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approvai and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Councit 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 as the First
Regular Session, 64th General As-
sembly.
Attest:
Leo F: Frommeit
City Clerk
Councilman Tully moved adop-
tion of the resoiution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
CLASS "c'" (COMMERCIAL) BEER
AND LIQUOR LICENSE
D.B.Q. Inc., dba Shot Tower Inn
(Also .Sunday Sales) 390 Loeust
St.
RESOLUTION NO,. 171.76
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approvai of this Coun-
cil; and
Passed, adopted, and approved
this 17th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emit Stackis
Councitmen
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 Councit of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Walgreen Co., 555 J. F. Kennedy
Drive
Attest:
Leo F. Frommelt
,City Clerk
Councitman Tully moved adop-
tion of the resolution. Seconded
by Councilman Staekis. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Passed, adopted and approved
this 17th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
RESOLUTION NO. 173.76
WHEREÆS,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
occnpied 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
Dubuqne, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
Attest:
Leo F. Frommelt
City Clerk
Councilman Tully moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
CLASS "C" (COMMERCIAL) BEER
AN,D LIQUOR LICENSE
D.B.Q. Inc., d/b/a Shot Tower Inn
(Also Sunday Sales) 390 Locust
SI.
Passed, adopted and approved
this 17th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommeit
City Clerk
Councilman Tully moved .adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
A Resolution endorsing con-
struction of the new Dubuque
County Care Facility and urging
its citizens to vote "Yes" for the
$2,200,000. bond issue 011 June 8,
1976, presented and read- Council.
man Tully moved that the resolu-
tion be tabied until next week. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-'None.
At 10:13 P.M. Councilman Tully
moved to go into Executive Ses-
sion to consider appointments to
various 'boards and commissions.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Council reconvened in regular
session at 10:35 P.M.
Mayor Lundh announced the foi-
lowing appointments: Neva Shoars
and Merle Bandy to the Commun-
ity Development Commission rep.
resenting the newiy-formed Hill
Street Neighborhood A,ss'n.
Councitman Stackis moved rat-
ification of the appointments. Sec-
onded by Couneilman Tully. Car-
ried by the following vote:
242
Adjourned Special Session, May 17, 1976
Special Session, May 24, 1976
243
Yeas-Mayor Lundh, Counciimen
Brady, Stackis, Tully, Wertzberger.
Nays-N'one.
There being no further 'business,
Councilman Tully moved to ad-
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas-Mayor Lundh, Counciimen
Bmdy, Stackis, Tully, Wertzberger.
Nays-None.
Leo F. Frommelt
City Clerk
CITY COUNCIL
OFFICIAL
Speda.! Session, May 24, 1976.
Council met at 7:30 P.M. (C.D.T.)
Present-Ma¥or Lundh, Council-
men Brad¥, Stackis, Tully, Wertz.
berger. Cit¥ Manager Gilbert D.
Cha.venelle.
Mayor Lundh read the eall and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON.
SIDERINIG CONTRACTOR'S PRO-
POSALS AN.D POSSIBLE AWARD
OF CONTRACT FOR THE CON.
STRUCTION OF CITY OF DU.
BUQUE 1976 ASPHALT PAVING
PROJECT NO.1, and acting upon
such other business as may proper-
ly come before a Regular Meeting
of the Council.
Mayor Lundh signed a proclama-
tion proclaiming eight days from
July 13th to 21st as "Operation
Friendship Week".
RESOLUTION NO. 174-76
ENDORSING MAY 26, 1976 AS
"WHEELCHAIR AWARENESS
DAY"
Whereas, the 26th day of May,
1976, has been designated by
mOJECT ACCESS DUBUQUE as
"Wheelchair Awareness Day";
And whereas, such project has
called upon individuai and collec-
tive resources of the citizens of the
City of Dubuque to respond and
make "Wheeichair Awareness
Day" a success;
And whereas, the City Council
of the 'City of Dubuque, Iow~, does
wholeheartedly endorse such proj-
ect.
Ànd whereas, the City Council of
the City of Dubuque, Iowa, desires
to go on record in committing its
spiritual assistance to the end that
said project may enjoy city-wide
acceptance and participation;
Now therefore:
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, JOWA,
1. That the City Council of the
City of Dubuque, Iowa, does here-
by proclaim May 26, 1976, as
"Wheelchair Awareness Day";
2. That the City Councii of the
City of Dubuque, Iowa, urges every
Approved
1976
Adopted
1976
.................."............................................
................................................................
................................................................
""""""""""""""""""'-"""""""""""""
Councilmen
Attest: """""""'ëiiiy(::i~~k""""""""
citizen and inhabitant of this com-
munity to join in this worthwhiie
project;
3. That the City Council of the
City of Dubuque, Iowa, does for-
mally go on record in committing
its spiritual support to this com-
munityeffort and encourages ali
inhabitants and citizens of this
community to lend whatever as-
sistance is needed to make this ef-
fort succeed.
Passed, adopted, and ~pproved
this 24th day of May 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, Councilmen
I Brady, Stackis, Tully, Wertzberger.
. Nays-None.
I At 8:00 P.M. Counciiman Tully
moved to go into Executive Session
to discuss pending lawsuit. Second-
ed by Counciiman Stackis. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councii reconvened in Regular
Session at 8:47 P.M. stating discus-
sion was eoncerning pending iegis-
iation.
Communieation of UA W Local
94 advising of a rally to be held
at City Hall on Monday, May 24th,
to indicate awareness that they as
consumers want an Ordinance re-
quiring individuai pricing on items
purchased through a scanner sys-
tem, presented and read.
Councilman Tully moved that
the communication be referred to
the City Solicitor ~nd he be re-
quested to draft an Ordinance in
accordance with recommendation
of Advisory Commission and solicit
input of both union bodies. Sec-
onded by Mayor Lnndh. Carried by
the following vote:
Yeas-iMayor Lundh, Counciimen
Brady, Stackis, Tully.
Nays-Councilman Wertzberger.
244
Special Session, May 24, 1976
245
Communication of Recreation'
Commission advising that Tom
Gibbs is nearing completion of a
sculpture and in order to provide
for. proper piacemen.t, they are re-
questing one or two Councilmen to
serve on a committee along with.
members of the Recreation Com-
mission for recommendations, pre-
sented and read. Couneilman
Wertzl>erger moved that the com-
munication be received and filed
and Mayor Lundh to make appoint-
ment and report back to ConneiJ.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas-Mayor Lundh, Conncilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Mayor Lundh appointed Council-
man Brady to serve on the com-
mittee-
Communication of L. O. Wolff
advising of the purchase of two
lots on the end of Sullivan Street
which were zoned for dupiex hous-
ing in 1974 at the time building
permits were acquired but due to
financiai difficulties was unable to
proceed with construction at that
time, since then the Zoning Class-
ification has been changed and re-
questing zoning ciassification be
returned to status of 1974 class-
ification, presented and read. Coun-
cilman Tully moved that the eom-
munication be referred to the
Planning & Zoning Commission.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays-Councilmen Brady, Stack-
is.
Communication of At tor n e y
Clemens, in behalf of Tyrone Pnt-
chio of 1682 Ohio Street, and ad-
jacent to Stardust Beauty Saion at
2840 Pennsylvania, .who have cre-
ated an increase in parking and
as a result the saion and neighbor-
ing apartments are not in compli-
ance with yard requirements under
the present ordinance and if a vio-
lation exists the zoning law should
be enforced, presented and read.
Councilman Tully moved that the
communication be referred to Pian-
ning & Zoning Commission. Sec-
onded by Councilman Staekis. Car-
ried by the following vote:
Yeas-MayorLundh,Councilmen I
Tully, Wertzberger.
Special Session, May 24, 1976
Nays-Councilman Brady, Stack-
is.
Wertzberger. Carried by the foi- tion that the provisions l>e allowed
lowing vote: to become effective as originally
Yeas-Mayor Lundh, Councilmen adopted.
Brady, Stackis, Tully, Wertzberger. CITY PLANNING AND
Nays~None. ZONING COMMISSION
Proof of Publication, certified g:~~~~p~~~tm~~:nner
to hy the Publisher, of Receipts
and Expenditures, also list of Councilman Stackis moved that
claims for month of Aprii, 1976, the communication be received and
presented and read. Councilman fiied and referred to the City
Stackis moved that the proof of Manager. Seconded by Mayor
publication be received and filed. Lundh. Carried by the following
Seconded by Councilman Wertz- vote:
berger. Carried by the following Yeas-Mayor Lundh, Councilmen
vote: Stackis, Tully, Wertzberger.
Yeas-Mayor Lundh, Councilmen Nays-Couneiiman Brady.
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of May
19, 1976, presented and read. Coun-
ciiman 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 Housing Com-
mission submitting minutes of
their meeting of May 18, 1976, pre-
sented and read. Councilman Tully
moved that the minutes be receiv-
ed and filed. Seconded by Council-
man Wertzberger. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-1None.
May 21, 1976
Honorable Mayor
May 21, 1976 and City Councii
Honorable Mayor The City of Dubuque Pianning
and City Couneil and Zoning Commission has re-
The Planning and Zoning Com' viewed the petition of Mr. Ken
mission has been informed of sev- Schromen requesting eonsideration
eral recent inquiries regarding the of C-l Neighborhood Commercial
status of proposed zoning restdc- District classifieation on his prop-
tions on recreational vehicle stor- ertyat 2769 Central Avenue. The
age. You may recall that the Zon- subject property is described as
ing Ordinance No. 32-75, included Lot 261 of Davis Farm Addition in
provisions regulating the off-street the City of Dubuqne, Iowa.
storage of vehieles in Residential The petition states that the
Districts. That set of provisions, property was purchased in the
shown as Section 5-101.4 (attached) late 1960's and was then classified
is to become effective on July 1, in the local business "A" and "B"
1976. Districts. The present request seeks
At the time of Ordinance adop- restoration of a comparable ciass-
tion, the Council had deierred the ification on the property to permit
effective date of those provisions a business use. The petition raises
but the reasons for deferral were a question of whether the present
not made clear. It was uncertain R-4 multiple-residence classification
whether the intervening period was is an arbitrary denial of commer-
to permit further review of the cial development rights that had
provisions, acquisition of a public- previously existed in that area.
sponsored storage area, or oppor- The Commision has determined
tunity for vehicle owners to seek that the new Zoning Map is correct
private storage arrangements. in this area and that the present
The planning and Zoning Com- R-4 multipie-residence District cias-
mission considered the matter at sification is appropriate and de-
its meeting of May 19, 1976 and fendable. The Commission has
determined that further delay in found that the entire area pre-
the effective date of the provisions viously included within the com-
may cause greater hardship than to mercial ciassification is also entire-
permit them to become effective ly devoted to stable and well-main-
on July 1st. The Commission is tained residential structnres, and
also confident that the provisions that the previous commercial zon-
of Section 5-101.4 were drawn after ing classification was without any
very careful consideration and ex- substantial foundation. The Plan-
tensive review of the matter and ning .and Zoning Commission has
that reconsideration at this ti{"e is unanimously recommended that
not likely to resuit in any signifi- the Schromen petition be denied.
cant improvement. Therefore, the CITY PLANNING AND
Planning and Zoning Commission ZONING COMMISSION
hereby communicates these find- Daniel Dittemore
ings to you, with its recommenda- Development Planner
May 18, 1976
Honorable Mayor
and City Council
The city electrical inspector has
inspected the street lighting re-
quirement of the Stonehill Devel-
opment project and he has recom-
mended that five 175 watt mercury
vapor fixtures he installed on
metai standards which the devel-
oper has located aiong the public
right-of-way.
It is requested that you approve
the installation of these lights.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed and request be approved. Sec-
onded by Councilman Wertzberger.
Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuliy, Wertzberger.
Nays-None.
May 18, 1976
Hono,"bie Mayor
and City Couneil
I herewith submit the reports of
the City Treasurer, Water Super-
intendent, Finance Director, Heaith
Department, and a list of claims
paid, for the month of Aprii 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Special Session, May 24, 1976
246
Special Session, May 24, 1976
247
Councilman Stackis moved to basis to five utilities, presented
suspend the rules to let anyone and read.
present address the Council if they Attorney Thomas J. Miiler, rep-
so deSIre. Seconded by CouncIlman resenting Fred Sievers addressed
Tuiiy. Carried by the foiiowing the Council stating fa~ts as pre-
vote. sented are correct. Mr. Sievers wiil
Yeas-Ma~orLundh, Councilmen try and pian to repay the money
Brady, StacklS, Tuiiy, Wertzberger. .as stated in the letter; would be
Nays-None. easier to pay Water Utiiityand not
Roy Pregler addressed the Coun- rebiil the customer; Mr. Sievers
cil stating rezoning is requested wiil seii personai and business as-
because they wish 'a figurine shop sets and wiil pay back; Records are
beiow with housing quarters above. compiled and he is wiiling to share
Councilman Stacids moved that the records with the Waterworks.
the communication of Planning & Councliman Brady moved that the
Zoning be referred back to the commUnICatIOn of :tt~rney 0 MI!ier
Planning & Zoning Commission for be referred to th . Clty S ilcltor
pro.per proceedings- MOTION DIED for proper proceedIngs. . Se~onded
FOR LACK OF A SECOND. ~Ke ~~h~:;:::a~o~~iiY. CarrIed by
Councilman T~iiy moved that Yeas-Mayor Lundh, Councilmen
the recommendatIOn of demai of Brady Stackis Tuliy Wertzberger
the Pianning & Zoning Commission Nays-None" .
be accepted. Seconded by Council- .
man Brady. Carried by the foiiow-
ing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Tuiiy Wertzberger.
Nays~Councilman Stackis.
Communication of City Manager
submitting 1'975 Operating State-
ment, Balance Sheet Information
and Detail of Plant of Peoples Na'
turai Gas Division, presented and
read. Mayor Lundh moved that the
communieation be received and fit-
ed. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stacki', Tuiiy, Wertzberger-
Nays~None.
Notice of Claim of 'Richard La-
Mour, in an undetermined amount,
for property damage incurred as
the result ofa faulty water meter
at 1770 Gien Oak on March 15,
1976, presented and read. Conncil-
man Tuiiy moved that the Notice
of Ciaim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Wertzberger. Carried by the foi-
iowing vote:
Yeas-Mayor Lundh, Counclimen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
Communication of Thomas J.
Miiler attorney, addressed to R N.
Russo attorney, reiative to debt of
Fred Sievers, who coiiected biils
for the Waterworks, admittediy aft-
er authority was revoked, recom-
mending repayment on a pro rata
a public hearing on the petition
of Mr. and Mrs. Carl Burbach to
reclassify 40 acres of property iy-
ingat the northwest intersection
of Asbury and Bonson Roads in the
City of Dubuque, Iowa. The Bur-
bach petition requests that their
property, known as Buena Vista
Subdivision, and now zoned AG
Agricultur,al District be reclassi-
fied as foiiows: 27.5 acres reclassi-
fied to 11-1 Residential District; 7
acres reclassified to 11-2 Residen-
tial District; and 5.5 acres reclass-
ified to 11-3 Residential District.
A communication from Ken and
Evelyn Mentzer as weii as .a peti-
tion bearing 77 signatures, both
stating opposition to the proposed
R-3 classification are attached.
The Commission has found the
Burbach's proposal is in accord
with the general pian for the .area,
and that the 5.5 acre parcel pro-
posed for 11-3 Residentiai District
classification meets the criteria of
longrange planning which appro- í
priately envisions that the com- i
munity's needs for multiple dweii- ,
ings be developed aiong arteriai f
roadways as new areas are opened,
and has voted unanimously to ap- .
prove the request, and recommends
your favorable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Pianner
Councilman 'Stackis moved that
the communication be received and
filed. Seconded by Councilman
Wertzberger. Carried by the fol- '
lowing vote:
Yeas~MayorLundh, Councilmen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
AN ORDINANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning 'Map of the City of
Dubnque, Iowa", so as to reclassify
three parcels of hereinafter de-
scribed property iying in the South
'h of Mineral Lot 453 in the City
of Dubuque, Iowa, at the Northwest
intersection of Bonson Road and
Asbury Road from AG Agricultural
District to the 11-1, R-2 and R-3
Residentiai District Classifications,
presented and read.
Councilman Stackis moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Wertz-
berger. Carried by the foiiowing
vote:
Yeas~Mayor'Lundh, Councilmen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
Conncilman Stackis moved that
a pnblic hearing be held on the
Ordinance on June 21, 1976 at 7:30
o'clock P.M. in the Council Cham-
ber at the City Haii and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Wertbzerger. Carried
by the foiiowing vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
May 20, 1976
Honorabie Mayor
and City Couneil
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on two proposed
amendments to the City of Du-
buque Zoning Ordinance.
The proposed amendments deal
with 1) a change of fee structure
for requests for reclassification of
property; and 2) ciarification of
procedures for the administration
of zoning reclassification requests,
and providing for circumstances in
which public hearings may not be
reqnired by the City Planning
Commission.
The Commission has found the
two proposed amendments to the
Zoning Ordinance are appropriate
and recommend your favorable
consideration.
'CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman Tul-
ly.Carried by the foiiowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tuiiy, Wertzberger.
Nays-None.
AN 'ORDINANOE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa" by repealing Sub-
sections 51(a) and 5(c) of Section 10-
101 of Article X thereof and en-
acting new Subsections 5(a) and
5(c) of Section 10-101 of Article :x:
May 12, 1976
Honorabie Mayor
and City Council
Claim was filed against the City
of Dubuque by .Freda G. Bott on
March 3, 1976, claiming personal
injuries and broken glasses aiieged-
ly received as the result of a faii
on a gravel covered sidewaik at
335 Iowa Street in the City of
Dubuque, Iowa on February 12,
1976.
This matter was referred to the
City Attorney who has made an
investigation thereof and referred
said claim to the insurance carrier
for the abutting property owner.
Said claim has been paid by the
carrier for said abutting owner and
in view of the foregoing, it is the
recommendation of the City At-
torney that the claim of Freda G.
Bott be denied.
Originai claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Wertzberger moved
that the communication be receiv-
ed and fited and recommendation
of denial be approved. Seconded
by Councilman Brady. Carried by
the foiiowing vote:
Yeas~MayorLundh, Councilmen
BradY, Stackis, Tuiiy, Wertzberger.
Nays-None.
May 20, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has heid
248
Special Session, May 24, 1976
in lieu thereof to provide a change
in fee structure for reclassification
of property, presented and read.
Councilman Stackis moved that
the reading just had be consider-
,ed the first reading of the Ordi-
nance. Seconded by Councilman
Tul!y. carried by the fol!owing
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
Councilman Stackis moved that a
public hearing be held on the Ordi-
nance on June 21, 1976, at 7:30
o'clock P.M. in the Council Cham-
ber ..t the City Hal! and that the
City Cierk be instructed to publish
notice of the hearing in the manner
required by iaw. Seconded by
Councilman Tul!y. Carried by the
following vote:
Yeas~Mayor Lundh, Couneilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
AN ORDiNANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of
~~~ui~~3.~o:;,~~rc¡":ÿ~ii~¡;e~:~f !
and enacting new Sections 8-103.2,
8-103.3,8-103.4, and 8-103.5 of Arti-
cle VIII in lieu thereof, so as to
clarify procedures for the admin-
istration of zoning reclassifieation
requests, and providing for cir-
cumstances in which public hear-
ings may not be required, present-
ed and read.
Councilman Stackis moved that
the reading just had be consider-
ed the first reading of the Ordi-
nance. Seconded by Councilman
Wertzberger. Carried by the fol-
iowing vote:
Yeas-Mayor Lundh, Couneilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
Councilman Stackis moved that
a public hearing be held on the
Ordinance on June 21, 1976, at
7:30 o'clock P.M. in the Council
Chamber at the City Hall and that
the City Clerk be instructed to pub-
lish notice of the hearing in the
manner required by law. Seconded
by Councilman Wertzberger. Car-
ried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
Application of Annexation to
City of Dubuque of 0.60 ,acres from
Richard C. & Mildred L. Henschel,
presented and read. Councilman
Tul!y moved that the annexation
be .approved. Seconded by Coun-
cilman Brady- Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, 'ful!y, Wertzberger.
Nays-None.
May 20, 1976
Honorabie M..yor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the petition of Mr. Richard
Henschel requesting annexation to
the City of 'Dubuque, Iowa, prop-
erty described as Lot 2 of "Hen-
schel's Black Forest", a 0.60 acre
parcel lying contiguous to the
southerly city limits of the City of
Dubuque, on ,Richard's Road.
The Commission has found the
request to he appropriate and
recommends your favorable con-
sideration.
CITY PLANNING AND
ZONiNG COMMISSION
Daniel Dittemore
Development pianner
Councilman Tul!y moved that
the communication be received and
filed. Seconded by Councilman
Brady. Carried by the fol!owing
vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None-
RESOLUTION ANNEXING
CERTAIN TERRITORY
No. 175.76
WHEREAS, the owners of an
area aproximately 0.60 Acres in
size immediateiy adjoining the
southerly city limits of the City of
Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the benefits of city govern-
ment in the way of police 'and fire
protection if said territory is in-
corporated within the city limits of
the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure water, and other municipal
services if said territory is incor-
porated within the city limits of
the City of Dubuque, Iowa; and
WHEREAS, Section 362.30, Code
Special Session, May 24, 1976
of Iowa 1958, authorized the exten-
sion of city limits in situations of
this character by the adoption of
a resolntion therefore; and
WHEREAS, the future growth,
development and preservation of
the public health of the City of
Dubuque, Iowa; makes it impera-
tive that said territory be made a
part of the City of Dubuque, Iowa;
and
NOW, THEREFORE, be it re-
solved hy the City Council of the
City of Dubuque, Iowa, that the
territorial limits of the City of
Dubuque, Iowa be and they are
hereby extended to include the
area comprising the following de-
scribed real estate:
Lot 2 of "Henschel's Blaek
Forest" in Tabie Mound Town-
ship, Dubuque County, Iowa.
This area is as shown on the
plat attached, marked Exhibit "A",
and by this reference made a part
hereof, said area being shaded in
yel!ow thereon.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tul!y Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
Councilman 'ful!y moved adop-
tion of the resoiution. Seconded by
Councilman Brady. Carried by the
fol!owing vote:
Yeas~Mayor Lundh, Couneilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays~None.
May 20, 1976
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has heid a
public hearing to consider R-2 Resi-
dential District Zoning elassifica-
tion on property proposed to be
'annexed to the City of Dubuque,
Iowa. The 0.60 acre parcei, describ-
ed as Lot 2 of "Henschel's Black
Forest", lies contiguous to the
southeriy city limits of the City of
Dubuque on Richard's Road.
The Commission has found that
the subject property would be an
extension of an existing B-2 Resi-
249
dential District and recommends
your favorable consideration of
R-2 District classification on Lot 2
of "Henschel's Black Forest" upon
its annexation to the City of Du-
buque.
CiTY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilmen 'ful!y moved that
the communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
Yeas-Mayor Lundh, Councilmen
Brady, Staclds, Tully, Wertzberger.
vote:
Nays-None.
AN ORDrNANCE amending and
changing Ordinance No. 32-75,
known as the "Zoning Ordinance
and Zoning Map of the City of Du-
bnque, Iowa," which amendment
shal! zone and eiassify territory
recently annexed to the City of
Dubuque, Iowa, in Henschei's
"Black Forest" in an R-2 District,
which real estate is described as
"Lot 2 of Henschei's 'Blaek Forest,'
in Table Mound Township, Dubu-
qne County, Iowa, according to the
recorded plat thereof and consist-
ing of 0.60 acres more or less,"
presented and read. Councilman
Tul!y moved that the reading just
had be considered the first read-
ing of the Ordinance. Seconded by
Councilman Brady. Carried by the
fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
Counciiman Tul!y moved that
a public hearing be held on the
Ordinance on June 21, 1976, at
7:30 o'clock P.M. in the Council
Chamber .at the City Hal! and that
the City Cierk be instructed to
publish notice of the hearing in
the manner required by law. Sec-
onded by Councilman Brady. Car-
ried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
Petition of K & K Heating Co-
Inc., reqnesting a refund of $3,00
on an air-conditioning permit that
was never utilized due to change
of plan by owner, presented and
read. Councilman Wertzberger
mnved that the refund. be granted
250
Special Session, May 24, 1976
Special Session, May 24, 1976
251
and City Auditor be directed to I Mayor Lundh moved that the peti-
issue proper warrant. Seconded tions be received and filed and re-
by Councilman Staclds. Carried by ferred. to the Council. Seconded by
th~ following vote: Councllman Wertzberger. CarrIed
Yeas-Mayor Lundh, Councilmen by the following vote: .
Brady, Stackis, Wertzberger. Yeas~Ma¥orLundh, Councllmen
Nays-Councilman Tully. Brady, Stackls, Tully, Wertzberger.
Petition of Ken Palm requesting Nays-None.
pnrchase of city owned Lot 2-1-1-1- petition of Russell W. Nash re-
1-1-1-1 of Mineral Lot 342 located questing permission to address the
at the corner of Kaufmann & Council on the topic of an amend-
Grandview Aves., presented and ment to restore special permit to
read. Councilman Tully moved that galleries and shops on Fourth
the petition be referred to the Street between Bluff Street and
City Manager for proper proceed- the biuff, presented and read.
ings. Second~d by Councilman Russell Nash ~71 W 4th street
Wertzberger. Carried by the foi- addressed the Council ~tating 160:
iowing vote: . 000 people rode the cable car la~t
Yeas-Ma¥or Lundh, CouncIlmen year; Low-impact shops ideal for
Brady, StacklS, Tully, Wertzberger. the neighborhood; New zoning ord-
Nays-None. inance eliminated low-impact shops.
Petition of Karen L. Kritz et ai Councilman Brady moved that
(64 signers) requesting correction. the petition of Russell W. Nash be
of the speeding and traffic prob- received an filed and referred to
iems and the hazardous conditions Council to a date uncertain until
due to an open culvert on Rose- a recommendation is received from
mont Street, presented and read. Planning & Zoning. Seconded by
Mayor Lundh moved that the peti- Councilman Wertzberger. Carried
tion he referred to the City Man- by the following vot~:
ager and Traffic Committee. See- Yeas~MayorLundh, Councilmen
onded by Councilman Stackis. Car Brady, Stackis, Tully, Wertzberger.
ried by the following vote: Nays~None.
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None.
Petition of Richard Construc-
tion Co. requesting permission to
install light standards in Sunrise
Heights Sub., presented and read.
Councilman Stackis moved that the
request be approved. Seconded by
Mayor Lundh. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Petitions of Mary M. Heller et al
(21 signers), parents .and friends of
Girls Center requesting that every-
thing possible be done to keep the
Center going, presented and read.
Mayor Lundh moved that the peti-
tions be received and filed and re-
ferred to the CounciL Seconded by
Councilman Wertzberger. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays~None-
Petitions of Peggy Neison et al i
(72 signers) members of the Girls I
Center, pleading to keep the Girls
Center open, presented and read.
wi!! provide during the approved
project period cash funds for the
following Iowa Crime Commission
project:
Title of Project: Lab Equipment
Amount of Funds Being Provided:
$113.16
Passed this 24th day of May,
1976
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
'City Cierk
Councilman Wertzberger 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.
Pat Jordan and Duane Denling-
er addressed the Council relative
to the County Care Faciiities.
'May 17, 1976
RESOLUTION NO. 177-76
WHEREA:S, due to State Health
and Fire Safety Standards estab-
lished by the state threaten the
County's license to operate a
County Care Faciiity, 'and
WHEREAS, Duhuque County has
aiready found it necessary to place
the female and other custodial pa-
tients in facilities outside Dubuque
County, making it difficult for fam-
iiiesand friends to meet them,and
WHEJREAS, the construction of
a new 120-bed County Care Facil-
ity on the site of the present Coun-
ty Farm would save Dubuqne
County in excess of $40,000 per
year in charges for residents ont-
side the county and in the County
Nursing Home, and
WHEREAS, it is not necessary
to declare a political party when
voting on June 8, 1976 for the
County Care Facility because the
issue wi!! be printed on a separ-
ate paper ballot,
THEREJFORE BE IT RESOLVED
that the town of Dubuque endorses
the construction of the new Du-
bnque County Care Faciiity and
Honorable Mayor
and 'City Couneil
Attached are papers having to
do with the purchase of camera
and fingerprinting equipment to
be used in the police department.
It is a project involving $2,460
expense assisted through the
Northeast Iowa Area Crime Com-
mission. The city share is $113.16.
I request that you favorably
consider the resolution authorizing
the city to provide cash funds for
this purpose.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Tully. Oarried by the fol-
iowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
MATCHING RESOLUTION
NO. 176.76
Whereas, the City of Dubnque
of Iowa, by resolution duly passed
heretofore, has resolved that it
urges its citizens to vote "Yes" for
the $2,200,000 bond issue on June
8, 1976.
Passed, adopted and approved
this 24th day of May, 1976.
Aivin F. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
Attest:
Leo ~'. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Lundh. Carried by the foi-
iowing vote:
Yeas-Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays~None.
Abstain-Councilman Brady.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tr,actors for receipt of proposals for
construction of 1976 Asphalt Pav-
ing Project No.1, presented and
read. Councilman Stackis moved
that the proof of pubiication be re-
ceived and filed. Seconded by
Councilman Tully. Carried by the
following vote:
Yeas~Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
NaY8-'None.
May 20, 1976
Honorable Mayor
and City Council
Pursuant to your instructions,
seaied bids were received until
10:00 a.m., Thursday, May 20, 1976
for the City of Dubuque 1976 As-
phalt Paving Project No.1. The
lowest bid entered was entered by
Tri-State Paving, a division of Du-
huque stone Products Company of
Dubuque, Iowa. Their bid was 30%
under the estimate.
I recommend that the contract
for the improvement be awarded to
Tri'State Paving, a division of Du-
buque Stone Products Company.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman Tul-
iy. Carried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, 8tackis, Tully, Wertzberger.
Nays~None.
252
Special SessIon, May 24, 1976
(Awarding, ContFacl) , swers why the waterworks should
RESO.LUTION NO. 178-76 be expanded due to present en-
WHEREAS, sealed proposals forceabie sta~dards, pres~nted and
have been submitted by contractors read. CouncIlma~ StacklS mov~d
for the City of Dubuque 1976 As- that the .communIcabon be recClV-
phalt Paving Project No.1 pur- ed and flied. Se~onded by Couneil-
suant to Resolution No. 148-76 and !'Ian Tuliy. Camed by the follow-
notice to bidders published in a mg vote: -
newspaper published in said City Yeas~Ma~or Lundh, CouncIlmen
on May 7 1976 and May 14 1976' Brady, StackIS, Tully, Wertzberger.
and' ,'Nays-None.
WHEREAS, said sealed proposais Proofs of Publication, certified to
were open~d and read on May 20, by the pu?lisher, of Notices of
1976, and It has been determined publIc hearIng and receIpt of pro-
that the bid of Tri-State Paving a posals for the construction of im-
Division of Dubuque Stone Pr~d- prov~,:,ents and extensions of the
ucts Company of Dubuque, Iowa in MUnICIpal Waterworks, presented
the amount of $134,832.02 was the and rc.ad. No written objcctions
lowest bid for the furnishing of all were flied and no orai objectors
iabor and materials and perform- were present in the Council Cham-
ing the work as provided for in the ?ersat the time set for the hear-
plans and specifications; now there- mg. CouncIlman Stackis moved
fore, that the proofs of publication be
BE IT RESOLVED by the City receiv~d and fited. Seconded by
Council of the City of Dubuque CouncIlman Tully. Carned by the
that the contract for the above followIng vote: .
mentioned improvement be award- Yeas~Ma~or Lundh, CouncIlmen
ed to Tri-State Paving a Division Brady, StacklS ,Tully, Wertzberger.
of Dubuque Stone pr~ducts Com- Nays-None.
rany and ~he Manager be and he Dennis Ait, of the Iowa D.E.Q.,
IS hereby dIrected to execnte a con- ~ddressed the Council stating that
tract on hehaif of the City of Du- If a waterplant expansion is made
buque for the complete perform- at this time, the care of sludge
ance of said work. must be taken care of. Standards
BE IT FURTHER RESOLVED will become more stri~gent. Cost
that upon the signing of said con: of construction no doubt will' go np
tract and the approval of the con- and not down.
tractors bond the City Treasurer is
authorized and instrueted to return
the bid deposits of the unsuccess-
ful bidders.
Passed and adopted this 24th day
of May, 1976.
Aivin E. Lundh
Mayor
Thomas A. Tully Jr-
Richard Wertzberger
James .E. Brady
Emil Stackis
Councilmen
RESOLUTION NO. 179.76
RESOLUTION approving pians,
specifications and form of
contract for improvements and
extensions to the municipal
waterworks plant and system.
WHEREAS proposed plans, spec-
ifications and form of contract for
improving and extending the mn-
nicipai waterworks plant and sys-
tem of the City of Dubuque, Iowa,
by expanding and improving the
Att t. water treatment plant and by con-
L~so'F. Frommelt ~tructi":g. ,:,,'ater plant solids handl-
Cit Cierk mg facIlI~Ies, together wIth neces-
y sary eqUIpment, acceSSOrIes and
Councilman Stackis moved adop- appurtenances have heretofore
tion of the resolution. Seconded by been prepared'by Henningson, Dnr-
Councilman Tully. CarrIed by the ham & Richardson, Ine., Engineers,
following vote: Omaha, Nebraska, and Cullen, Kil-
Yeas-Mayor Lundh, Councilmen by, Carolan & Associates, P. C.,
Brady, Stackis, Tully, Wertzberger. Dubuque, Iowa, and fited with the
Nays-None. City Clerk; and
Communication of Water Sup'!. WHEREAS notice of hearing on
Hail and City Engineer White sub- I said proposed plans and specifica-
mitting a list of questions and an- tions and form of contract and on
Special Session, May 24, 1976
253
the eost of the project was duiy I and system of said City, Water Rev-
published in the manner and form cnue Bonds, 1962 Series, of said
required by law, and no petition City were heretofore issued under
or objections to said pians, spec- date of October 1, 1962, of which
ifications and form of contract or bonds in the amount of $105,000
to the cost of the project have are now outstanding, numbered
been filed or made by any inter- 296 to 400, inclusive, of the denom-
ested party; ination of $1000 each, bearing in-
NOW, THEREFORE Be It and terest at the rate of Two ,and
It Is Hereby Resoived' by the City eighty-five hundredths per cent
Council of the City of Dubuque, (2.85%) per annum and maturIng
Iowa, as follows: on Deeember 1, 1976, and accumu-
Section I. That the plans, spec- lated revenues of the plant and
ifications and form of contract system are. ":ow on hand m ~n
referred to in the preamble here- a!'l°unt sufflClent t~ pay the p~m-
of be and the same are hereby ap- clpai of all of saId out~tandl~g
proved bonds and all Interest WhICh wIll
- .. . accrue thereon at and prior to
or~:;:l~~ ;a~t~a¡h~l~e~~S~~u~~~:li~~ maturity; and. -
herewith are hereby repealed. WHEREAS m order to make It
posslbie for the CIty to pay the
Passed and .approved May 24, cost of additionai improvements
1976. and extensions which must now be
Aivin E. Lundh constructed to maintain and oper-
Mayor ate the piant and system in an ef-
ficient manner, said accumulated
revenues are being ordered set
aside in a speciai escrow account
pledged soieiy and oniy for the
payment of said bonds and inter-
est, and there are no other bonds
or 0 bligations now outstanding
which are payabie from the reven-
ues of said utility; and
WHEREAS it has been found es-
sential, necessary and desirable
that additional improvements and
extensions to said municipal water-
works piant and system be con-
structed eonsisting generally of:
1. Water Treatment Piant Expan-
sion, compiete with aerators, up-
flow clarifiers, rapid sand filters,
chemical feed systems, controi sys-
tem, pneumatic chemical handling
system and existing plant modifica-
tions, eieetricai and mechanieal;
2. Water Plant Solids Handling
Facilities with Filters, complete fil-
ter building with filters compiete
as specified, pumps, tanks, convey-
ors, motor control center, sludge
thickening clarifiers with dome cov-
ers, waste backwash water pumps,
sludge biowdown pumps, lift sta-
tion with wet well and clear water
return pumps, electrical and me-
chanical; all as contempiated by
pians and specifications therefor
prepared by Henningson, Durham
& Richardson, Inc., Engineers, Om-
aha, Nebraska, and Cullen, Kilby,
Carolan & Associates, P.C., Du-
buque, Iowa, and now on file in
Attest:
Leo F. Frommelt,
City Clerk
Recorded May 24, 1976.
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO,. 180.76
RESOLUTION to fix a date for
the initiation of proceedings
for the issuance of $7,000,000
Water Revenue Bonds, 1976
Series, of the City of Dubuque,
Iowa.
WHEREAS the City of Dubuque,
in Dubuque County, Iowa, did here-
tofore establish a municipal water-
works plant and system in and for
said City which has for many years
been suppiying water and water
servic.e to s,aid City and its inhab~
itants, and the management and
controi of said plant and system is
vested in the City Council of said
City and no board of trustees has
ever been created for this purpose;
and
WHEREAS, for the purpose of
defraying the cost of necessary
improvements and extensions to
the municipai waterworks piant
Special Session, May 24, 1976
the office of the City Clerk, the NOTICE OF MEETING FOR
estimated costs whereof are ISSUANCE OF WATER REVENUE
$8,.o39,.ol.o~ and It is necessary that BONDS, 1976 SERIES
said Clty lSSUe Its revenue i>onds to The City Council of the City of
pay the cost, to the. amount. of Dubuque, Iowa, wiii meet on the
$7,.0.00,000, of constructmg said Im- 7th day of June, 1976, at the
provements and extensIOns; and Council Chambers in the City Hall,
WHEREAS for the purpose of Dubuque, Iowa,. at 7:3.0 o'clock
paying the cost of said improve- P,M.,. at Wh;'Ch tI~e and place pro-
ments and extensions, to the ceedmgs wIii be mstItuted and ac-
amount of $7,00.0,0.00, all as afore- tlOn taken for the issuance of
said it is proposed to issue at this $7,.0.00,00.0 Water Revenue Bonds
tim~ Water Revenue Bonds, 1976 1976 Series, of said City for th~
Series, of said City in the amount purpose of paymg the cost, to that
of $7,00.0,0.0.0 which shali i>e pay- amount, of const~ucting improve-
able from the net revenues of the ments and extensIOns to the mu-
municipai waterworks piant and nicipai waterworks plant and sys-
system of said City, bnt before tem of said City as contempiated
proceedings for the issuance of by plans and specifications now
such bonds are initiated it is neces- on me in the office of the City
sary to fix a date of meeting of Clerk of said City. These bonds,
this CIty Council at which it is when issued, wiii not constitute
proposed to take action ,for this general oi>ligations of said City
purpose and to give notice thereof nor wiii they be payable in any
as required by Section 384.83 of manner by taxation, but said
the Code of Iowa, 1975 as amend- bonds, together with any addition-
ed; , al bonds of said City as may be
NOW THEREFORE, Be It and It hereaft?r issue~ and outstanding
Is Hereby Resoived by the Cit fro,? tIme to. tIme. rankmg on a
Council of th C't f D b Y panty therewlth, WIll be payable
Iowa as follo:s: 1 you uque, solely and only from the. future
, net revenues of the mumclpai wa-
Section 1. Tbat this City Conncil t~rworks plant and system of said
meet on the 7th day of June 1976 CIty.
at tbe Council Chambers in th~ At the time and place fixed for
City Hall, Dubuque Iowa at 7:30 said meeting, as set forth above,
o'clock P.IM., at which itme and the City Council of said City wiii
place proceedings wiii be institut- receive oral or wrItten objections
ed and action taken for the issu- from any resident or property
ance of Water Revenue Bonds owner of the City.
1976 Series, of said City in th~ By order of the City Council of
principai amount of $7,.0.0.0,.00.0 for the City of Dubuque, Iowa this
the purpose of paying the cost, to 24th day of May, 1976. '
that amount, of constructing im- Leo F. Frommelt
provements and extensions to the City Clerk
municipal water:-V°rks plant and Section 3. That all orders or
~ystem of saId Clty, as referred to resolutions, or parts of orders or
m the preamble hereof. resoiutions in conflict herewith be
Section 2. That the City Cierk and the same are hereby repeaied.
is hereby directed to give notice Section 4. That this meeting be
of the proposed action for the is- and the same is hereby adjourned
suance of said bonds setting forth to meet again at the time and
the amount and pu;pose thereof piace hereinbefore fixed, for fur-
the time when and the piace wher~ ther. consideration of the matters
s.aid meeting wiii be held, by pub- herem set forth.
l1catlOn at least once not less than Passed and approved May 24,
four (4) nor more than twenty (2.0) 1976.
days i>efore the date of said meet-
ing in the "Telegraph-Herald," a
legal newspaper published in the
City of Dubuque, Iowa, and having
a general circulation in said City.
Said notice shall be in substantially
the following form:
254
Alvin E. Lundh
Mayor
Attest: Leo F. Frommelt
City Clerk
Recorded May 24, 1976.
Leo F. Frommelt
City Cierk
Special Session, May 24, 1976
Mayor Lundh moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
May 17, 1976
To the Honorable Mayor
and City Council
The attached agreement is a
second amendment to the Federal
Aid agreement on the reconstruc-
tion of Jackson Street.
The original agreement was
signed on January 26, 1976 and
covered the segment from 12th
Street to Diamond Street. This
agreement was amended to Include
implementation of the Clean Air
Act and Federal Water Pollution
Controi Act on March 22, 1976.
It was then decided by Iowa
DOT that since the project was
being divided into two segments,
namely from 12th to 22nd, and
from 22nd to Diamond, that the
agreements shouid aiso be broken
apart in the same manner.
Consequently on May 10, 1976
an agreement was signed for the
segment from 12th to 22nd. It is
necessary, then, to amend the
original agreement dated January
26, 1976 to include only the seg-
ment from 22nd to Diamond
Streets.
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-Nlayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 181.76
Resolution authorizing exacution
of a second amendment to
Agreement Numbar 75.F-o74
datad January 26, 1976 between
tho City of Dubuque, Iowa, and
the Iowa Department of Trans.
portation ralating to the racon-
struclion of Jackson Stroot.
BE IT RESOLVED that the Ma-
yor and City Clerk be and they
are hereby authorized and direct-
ed to execute a second amend-
ment to agreement number 75-F-
.074, two copies of which are at-
255
tached, reducing the scope of the
project to the segment from 22nd
to Diamond Street, the segment
from 12th to 22nd Street being
covered under separate agreement
number 76-F-052.
Passed, approved, and adopted
this 24th day of May, 1976.
Aivin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Couneilmen
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.
RESOLUTION NO. 182-76
Authorizing Publication of No.
tice of Environmental Review
Findings for certain Commun.
ity Davelopment Block Grant
Projects.
WHEREAS, the CIty of Dubuqne
under date of May 15, 1975, en-
tered into a Grant Agreement wIth
the U.S. Department of Housing
and Urban Development, provid-
ing for financial assistance to the
City under Title I of the Housing
and Community Act of 1974; and
WHEREAS, the CIty of Dubuque
under date of April 15, 1976, sub-
mItted an application for contin-
ued participation in the Commun-
Ity Development Block Grant Pro-
gram; and
WHEREAS, pursuant to the
ruies and regulations as promul-
gated by the U.S. Department of
Housing and Urban Deveiopment,
environmcntai reviews have been
processed for the projects herein-
after to be described to be fi-
nanced with Community Develop-
ment Block Grant funds; and
WHEREAS, an ad hoc Environ-
mentai Review Committee has af-
ter due consideration made a de-
termination that the projects are
not major Federal actions signifi-
cantly affecting the quaiity of hu-
man life; now therefore
256
Special Session, May 24, 1976
Special Session, May 24, 1976
257
BE IT RESOLVED by the City
Council of the City of Dubuqne,
Iowa:
Section I. That the City Clerk
be and he is hereby authorized
and direeted to publish a Notice
of Finding of No Significant Ef-
fect on the Environment for the
foilowing identified projects, and
to make the Environmentai Review
Record for each of the said proj-
ects available for public inspection.
Such notice shal! be in the form
of Exhibit "A" attached hereto
and made a part hereof.
Avon Park acquisition and de-
velopment.
Removal of architectural bar-
riers which impede the mobility
of the elderly and handicapped in
the downtown area.
Restoration and reconstruction
of Eleventh Street Steps.
Construetion of steps in Jeffer-
son Park.
Section 2. That the City of Du-
buqne hereby declares its intent
to adopt a resolution on June 21,
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
projects.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tul!y Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
PUBLIC NOTICE
Pursuant to the environmental
procedures for the Community De-
velopment Biock Grant Program,
the City of Dubuque has prepared
Notices of Finding of No Signifi-
cant Effect on the Environment
for the Projects identified as fol-
lows to be undertaken under Ti-
tle I of the Housing and Commun-
ity Development Act of 1974.
1. Avon Park acquisition and de-
velopment.
2. Removai of architeetural bar-
riers which impede the mobil-
ity of the elderly and handi-
capped in the downtown area.
3. Restoration and reconstruction
of Eleventh Street Steps.
4. Construction of steps in Jef-
ferson Park.
The City of Dubuque has found
that these Projects have no sig-
nificant effect on the environment
based on the fol!owing facts and
reasons.
1. Assessment of the nature, mag-
nitude, and duration of any ad-
verse and positive impacts;
2. Consideration of alternatives to
the Projects, commitment of
resources, known views of lo-
cal groups, measures which
can be instituted to lessen po-
tential adverse impacts and to
enhance the environment;
3. No ioss of unique environmen-
tal 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, archaeo-logi-
calor cultural significance.
The City of Dubuque has made
an Environmentai Review Record
for each of the Projects, and has
placed these records on file in the
office of the City Cierk in City
Hal!, 13th and Iowa Streets, Du-
buque, Iowa. These environmental
records are available for examina-
tion and may be copied between
8:00 A.M. and 5:00 P.M. daily ex-
eept Saturdays, Sundays and holi-
days.
No further environmental re-
view of the Projects is proposed
to be condueted, 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 Projects.
Comments may be submitted to
the City of Dubuque until 12:00
Noon, Friday, June 18, 1976, ad-
dressed to Aivin E. Lundh, Mayor
of the City of Dubuque, City Hal!,
13th and Iowa Streets, Dubuque,
Iowa 52001.
Dated and Published May 25,
1976.
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Tul!y. Car-
ried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
Communication of Dubuque Am-
bassadors requesting endorsement
as an organization to submit an
entry on behatf of the City for the
1976 Iowa Community Betterment
Program Year, presented and read.
Councilman Wertzberger moved
that the communication be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by the
fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
RESOLUTION NO. 183.76
Endorsing the Dubuque Ambas.
sadors as Sponsors for the 1976
Iowa Community Betterment
Program.
WHEREAS, the City Council en-
dorsed the Dubuque Ambassadors
as the sponsoring organization for
the City of Dubuque in the 1974
and 1975 Iowa Community Better-
ment Program; and
WHEREAS, it is recognized that
participation within this program
stimulates civic awarenes and
generates community spirit; and
WHEREAS, it is deemed to be
in the best interest of the City
of Dubuque to continue its par-
ticipation in the Iowa Commun-
ity Betterment Program; now
therefore
Leo F. Frommelt
City Clerk
BE IT RESOLVED by the City
Couneil of the City of Dubuque,
Iowa:
Section 1. That the Dubuque
Ambassadors is endorsed as the
'¡ponsoring organization for the
City of Dubuque in the Iowa Com-
munity Betterment Program, and
they are authorized to enter the
Community Awards Competition
on behatf of the community.
Section 2. That the Mayor of
the City of Dubuque be and he is
hereby authorized and directed to
serve as the official liaison of the
Dubuque City Council with the
Dubuque Ambassadors.
Passed, approved and adopted
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tul!y Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Sec-
onded by Councilman Stackis. Car-
ried by the fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
May 21, 1976
To the Honorable Mayor
and City Couneil
I hereby submit the Demolition
and Removal of Naval Reserve
Buildings and Garage Project.
Submitted May 20, 1976.
John L. White, P.E.
City Engineer
Councilman Stackis moved that
the communication he received
and filed. Seconded by Council-
man Wertzberger- Carried by the
fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
RESOLUTION NO. 184.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the proposed plans,
specifications, form of contract,
etc., for the demolition and remov-
al of the Naval Reserve Buildings
and Garage on Volunteer Drive, in
the estimated cost of $11,000.00
is hereby approved. Councilman
Stackis moved adoption of the
resolution. Seconded by Council-
man Wertzberger. Carried by the
fol!owing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tul!y, Wertzberger.
Nays-None.
(Necessity for Improvement
RESOLUTION NO. 185-76
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
258
Special Session, May 24, 1976
and are now on file in the office
of the City Cierk showing among
other things the following:
1. The buildings and garage to
be demoiished and removed.
2. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used, for the Demolition and
removal of the Navai Reserve
Buildings and Garage on Volun-
teer Dr.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the pubiic wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections, they shall be
deemed to have waived aH objec-
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the pians and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment shall be paid out of the Wa-
ter Dept. Construetion Fund.
The above resointion was intro-
duced, approved and ordered
placed on file with the City Cierk
this 24th day of May, 1976.
Approved and placed on file
for final action.
Approved:
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Staekis moved ap-
proval of the resoiution. Seconded
by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Fixing date of hearing)
RESOLUTION NO. 186-76
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 184-76 given its
preliminary approval on the pro-
posed pians, specifications and
form of contract and placed same
on file in the office of the City
Clerk for pubiic inspection, for the
demolition and removal of the
Naval Reserve Buildings and Ga-
rage on Volunteer Drive and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for pubiic inspection.
BE IT THEREFORE RESOLVED
that on the 7th day of June 1976,
a pubiic hearing wiIi be heid at
7:30 o'clock P.M. C.D.T. in the
Council Chamher in the City of
Dubuque at which time the owners
of property may appear and make
objection to the proposed plans
and specifications and proposed
form of contract and at the same
time to the boundaries of the pro-
posed district, to the cost of the
improvement, and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk he and
he is hereby directed to cause a
notice of the time and piace of
such hearing to be published in
some newspaper published in the
city of Dubuque, the last of which
shaH be not iess than 4 nor more
than 20 days prior to the day
fixed for its consideration and un-
less property owners at the time
of final consideration of said reso-
iution have on file with the Cierk
objections, they shaH have been
deemed to have waived all objec-
tions thereto, at which hearing
the Council wiIi hear such objec-
tions and enter on record its final
decision thereon.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A- Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
Special Session, May 24, 1976
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, Wertzbergcr.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 187.76
BE IT RESOLVED by the City
Council of the City of Dubuque
that pursuant to a Resolution of
Necessity No. 185-76 which was
duly passed by this Council, for
the demolition and removai of the
Naval Reserve buildings and ga-
rage on Voiunteer Drive be and
the same are hereby ordered and
constructed by this Council upon
its own motion and with or with-
out the petition of property own-
ers. AH the work shall be con-
structed in accordance with the
plans and specifications hereto-
fore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid from
Water Dept. Construction Fund
after the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the
construction of the various im-
provements herein provided for in
the manner provided by law, the
said improvements shaH be com-
pleted on or before 30 days after
Notice to Proceed has been is-
sued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate neces-
sity shall be in force and effect
from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. TuHy 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 Wcrtzberger. Car-
ried by the foHowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuHy, Wertzberger.
Nays-None.
RESOLUTION NO. 188.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the proposed plans,
specifications, form of contraet,
plat, etc. for the construction of
The Glenwood Ct. Storm Sewer Im-
provement in the estimated cost
of $14,165.93, is hereby approved.
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman TuHy. Carried
by the following vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 189-76
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following;
1. The size and kind of sewers.
2. An estimate of the cost of
the proposed improvement, stat-
ing the same for each different
type of construetion and kind of
materiai to be used for the con-
struction of: Glenwood Ct. Storm
Sewer Improvement.
BE 1'1' THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the pubiic wei-
fare to make the herein mentioned
improvement, and uniess property
owners at the time of the finai
consideration of this proposed res-
oiution have on file with the City
Clerk objections, they shall be
deemed to have waived all objec-
tions thereto-
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
259
260
Special Session, May 24, 1976
Councit and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment shaH be paid out of the San-
itation Fund.
The above resolution was intro-
duced, approved and ordered
piaced on file with the City Clerk
this 24th day of May, 1976.
Approved and placed on file for
final action.
Approved:
Alvin E. Lundh
Mayor
Thomas A. TuHy Jr.
Richard Wertzberger
James E. Brady
Emit Stackis
Councitmen
Attest:
Leo F. Frommelt
City Cierk
Councitman Wertzberger moved
approval of the resolution. Second-
ed by Councitman TuHy. Carried
by the foHowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuHy, Wertzberger.
Nays-None.
(Fixing Date 01 Hearing)
RESOLUTION NO. 190.76
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approvai on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection
for the construction of the Glen-
wood Court Storm Sewer.
BE IT THEREFORE RESOLVED
that on the 7th day of June, 1976
a public hearing will be held at
7:30 p.m. in the Council Chamber
of the City of Dubuque at whieh
time the objectors for the pro-
posed improvement may appear
and make objection to the pro-
posed plans and specifications and
the City Clerk be and he is here-
by directed to cause a notiee of
the time and place of such hear-
ing to be published in some news-
paper published in the City of
Dubuque which shaH be not iess
than ten (10) days prior to the
day fixed for its consideration, and
said Clerk is further instructed to
advertise for proposais for the
construction of the aforementioned,
improvement. I
I Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. TuHy Jr.
Richard Wertzberger
James E. Brady
Emit Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman TuHy. Carried
by the foHowing vote:
Yeas-Mayor Lundh, Councitmon
Brady, Stackis, TuHy, Wertzberger.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 191.76
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa that pursuant to a Resolution
of Necessity No. 188-76 which was
duly passed by this Council for
the construction of the Glenwood
Court Storm Sewer.
Be and same is hereby ordered
constructed by this Council upon
its own motion and with or with-
out the petition of property own-
ers.
AH work shaH be constructed in
accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said
improvement be paid from the
Sanitation Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE-
CESSITY shaH be in force and ef-
fect from and after its passage
and adoption by the City Council.
Passed, adopted and approved
this 24th day of May, 1976.
Alvin E. Lundh
Mayor
Thomas A. TuHy Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, May 24, 1976
CouneHman Wertzberger moved
adoption of the resolution. Second-
ed by Councilman TuHy. Carried
by the foHowing vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, TuHy, Wertzberger.
Nays-None.
RESOLUTION NO. 192.76
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 Councit of
the City of Dubuque, Iowa, that
the foHowing 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 "A" (CLUB) BEER
AND LIQUOR LICENSE
Dubuque Golf and Country Club,
End of RandaH Place (Also Sunday
Sales
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
JoAnn H. Klauer, 1097 Jackson St.
d/b/a Blue Moon Inn
Passed, adopted and approved
this 24th day of May 1976.
Aivin E. Lundh
Mayor
Thomas A. TuHy Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Cierk
Councitman Stackis moved adop-
tion of the resoiutton. Seconded by
Councilman Brady. Carried by the
foilowing vote:
Yeas-Mayor Lnndh, Councitmen
Brady, Stackis, Tuily, Wertzberger.
Nays-None.
RESOLUTION NO. 193.76
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council; and
261
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and ail City
Ordinances reievant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the foHowing named applicants
a Liquor License.
CLASS "A" (CLUB) BEER
AND LIQUOR LICENSE
Dubuque Golf and Country Club,
End of RandaH Place (Also Sun-
day Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
JoAnn H. Klauer, 1097 Jackson St.
d/b/a Blue Moon Inn
Passed, adopted and approved
this 24th day of May 1976.
Alvin E. Lundh
Mayor
Thomas A. TuHy Jr.
Richard Wertzherger
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resoiution. Seconded by
Councilman Brady. Carried by the
foHowing vote:
Yeas-Mayor Lundh, Councitmen
Brady, Stackis, TuHy, Wertzberger.
Nays-None.
Councilman TuHy moved that
the City Clerk be authorized to re-
move oid and unused Council rec-
ords, from the City Safe, for the
years 1837 thru 1941 and deliver
to Wahiert Library at Loras Col-
iege for safekeeping and preserva-
tion. Seconded by Councilman
Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Lundh, Councilmen
Stackis, TuHy, Wertzberger.
Nays-Councitman Brady.
262
Special Session, May 24, 1976
Special Session, June 1, 1976
263
There being no further business
Councilman Tully moved to ad-
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas-Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Leo F. Frommelt
City Cierk
CITY COUNCIL
OFFICIAL
SpecIal haolon, Juna1, 1976.
Council Mata17:30 P.M. (C.D.T.)
pra.anl-Mayor Lundh, Councilmen
Brady, Slack'., Tully, Warlzberger. City
Manager Gilbert D. Chavanelle.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this Meeting is called for the PUR-
POSE OF CONDUCTING A HEARING
ON THE RESOLUTION OF NECESSITY
FOR RECONSTRUCTION OF JACK-
SON STREET FROM 12th TO 22nd
STREET and acting upon such other
business as may properly come hefore a
Regular Meeting of the Council.
A Proclamation proclaiming June 4,
1976 as "Dubuque Satellite Day" was
approved and signed by Mayor Lundh.
May 28, 1976
Approved
1976
Adopted
1976
................................................................
""""""""""""""""""""""""""""""""
.................."............................................
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed a
proposed plan for "Cathedral Square",
to be located within the right-of-way of
Second Street from Bluff eastward to
the alley.
The Commission has found the con-
cept and design of the proposed
"Cathedral Square" to be appropriate
for that location, and has recommended
your approval.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
CounciÎman Stàckis moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady. Stackis, Tully, Wertzberger.
Nays - None.
Wayne Norman presented a plan on
"Cathedral Square": Stating single lane
on each side of 2nd Street. Sculpture
group also presented plan of sculpture
to be 7 to 8 feet high: Larger than life
size to be flanked on each side by a
wrought iron fence; 40 foot section
would be from Bluff Street to the alley
and to be completed later part of
August. Councilman Stackis moved
that the communication of Planning &
Zoning Commission be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
........"......................................................
""""""""""""""""""""""""""""""""
Councilmen
Attest: """""""'ëii~"ëi~~k""""""""
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger-
Nays - None.
Councilman Stackis further moved
that recommendation of Planning &
Zoning Commission be approved and
the City Manager be instructed to
proceed with proper proceedings.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis. Tully, Wertzberger.
Nays - None.
Communication of Recreation Com-
mission advising that during the week
of June 13tb to 19th an American Folk
Arts Festival will be held at Flora Barn
and requesting the week of June 13th to
19th be proclaimed "American Folk Arts
Week", presented and read. Council-
man Stackis moved that the communi-
cation be received and filed and week so
proclaimed. Seconded hy Councilman
Tully. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Human
Rights Commission submitting minutes
of their meeting of May 13, 1976, pre-
sented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None-
Communication of Dubuque Advi-
sory Commission submitting minutes of
their meeting of May 25,1976, presented
and read. Councilman Tully moved that
the minutes be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None-
Communication of Planning & Zon-
ing Commission submitting minutes of
their meeting of May 26, 1976, presented
and read. Councilman Tully moved that
the minutes be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Notice of U. S. Environmental Pro-
tection Agency submitting requests for
modifications of NPDES Permits to dis-
charge into the waters of the United
States more particularly City Water
Treatment Plant, presented and read.
Councilman Tully moved that the No-