1976 August Council Proceedings380 Adjourned Special Session, July 20, 1976
Regular Session, August 2, 1976 381
at the table. At this time further discus-
sions for purchase of Caradco is
finished".
Councilman Tully moved to cease
negotiations with Caradco for property
about to be vacated. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays — Councilman Stackis.
There being no further business,
Councilman Stackis moved to adjourn.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Leo F. Frommelt
City Clerk
Approved
Adopted
Councilmen
Attest:
City Clerk
CITY COUNCIL
OFFICIAL
Regular Session, August 2, 1976.
Council Met At 7:30 P.M. (C.D.T.)
Present — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this is the REGULAR MONTHLY
MEETING called for the purpose of act-
ing upon such business as may properly
come before the Meeting.
Tim Stockman spoke to the Council
on pollution.
A Proclamation proclaiming Monday,
August 9, 1976 as "Jose Cardenal Day"
in Dubuque, Iowa was approved and
signed by the Mayor.
Communication of Community
Development Commission submitting
minutes of their meeting of July 13,
1976, presented and read. Councilman
Stackis moved that the minutes be
received and filed. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque Airport
Commission submitting minutes of
their meeting of July 8, 1976, presented
and read. Councilman Stackis moved
that the minutes be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Planning & Zon-
ing Commission submitting minutes of
their meeting of July 21, 1976, presented
and read. Councilman Stackis moved
that the minutes be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Communication of Dubuque Transit
Trustee Board submitting minutes of
their meetings of July 8tft and July 16,
1976, presented and read. Councilman
Stackis moved that the minutes be
received and filed. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Housing Commis-
sion submitting minutes of their meet-
ing of July 20, 1976, presented and read.
Councilman Stackis moved that the
minutes be received and filed. Seconded
by Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Dubuque Citizens
Advisory Commission submitting min-
utes of their meeting of July 27, 1976,
presented and read. Councilman Stackis
moved that the minutes be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of State Historical
Department of Iowa informing the City
that Washington Park has been recom-
mended by the State Nominations
Review Committee for inclusion in the
National Register of Historic Places,
presented and read. Councilman Tully
moved that the communication be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Notices of Expiration of Right of
Redemption and for Taking Tax Deed
for the following properties "Lots 14 and
15 in Kings Grove Addition in the City of
Dubuque, Iowa; Lot 2 of the Subdivision
of Lot 1 of Block 13 of Steger Heights in
the City of Dubuque, Iowa; North 34
feet of the Westerly 100 feet of Lot 7 of
the Subdivision of City Lots 438, 439 and
part of 676 in the City of Dubuque, Iowa;
Lot 2 of the Subdivision of Lot "B" in
Cooper's Subdivision of Out Lot 727 in
the City of Dubuque, Iowa; and Lot 99 in
Belmont Addition in the City of
Dubuque, Iowa", presented and read.
Councilman Tully moved that the No-
tices be referred to the City Solicitor.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 29, 1976
To the Honorable Mayor
and Members of the
City Council
In accordance with the provisions of
Chapter 400 Code of Iowa, of the 1975
Code of Iowa the Civil Service Com-
mission conducted BUS OPERATOR
examinations on July 28, 1976.
The following named applicants have
382 Regular Session,
August 2, 1976
passed the written examinations and
are hereby certified for appointment as
follows:
Schlickman, Douglas L. 98%
Tischhauser, Roger D. 92%
Ostert, Gary L. 90%
Driscoll, Roger J. 86%
Laughlin, Robert E. 86%
Nicol, Gary A. 86%
Vize, Lawrence A. 86%
Stone, Wayne D. 84%
Merz, Dennis R. 82%
Evarts, Jeffrey L. 80%
The above list of certified applicants
constitutes the first ten to be considered
for appointments. We have a second list
of nine applicants that have passed the
required percentage of 70%, next high-
est in standing, which can be considered
if the above list of the aforementioned
ten applicants is exhausted within one
year.
Sr. Carolyn Farrell
Chair person
John E. Hess
Civil Service
Commission
ATTEST:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 29th day of July 1976.
Z.D. Hantelmann
Notary Public
Councilman Stackis moved that the
communication be received and filed
and be made a matter of record.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 29, 1976
To the Honorable Mayor
and Members of the
City Council
Gentlemen:
In accordance with the provisions of
Chapter 400, Code of Iowa, of the 1975
Code of Iowa the Civil Service Com-
mission conducted HEATING INSPEC-
TOR 1 examinations on July 28, 1976.
The following named applicant
passed the written examination and is
hereby certified for appointment -
Ehlers, Thomas G. 79%
Sr. Carolyn Farrell
John E. Hess
Civil Service
Commission
ATTEST:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 29th day of July 1976.
Z.D. Hantelmann
Notary Public
Councilman Stackis moved that the
communication be received and filed
and be made a matter of record.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Peoples Natural
Gas serving notice of a general gas rate
increase to an average of 6.47% to be
effective on and after August 28, 1976,
presented and read. Councilman Tully
moved that the communication be
received and filed and referred to the
City Solicitor to file resistance. Second-
ed by Councilman Wertzberger. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 23, 1976
Mr. Leo F. Frommelt
City Clerk
Attached is the original assignment of
the Bicentennial paintings.
1 thought that you should have it in
your file.
Gilbert D. Chavenelle
City Manager
ASSIGNMENT
For valuable consideration received,
Dubuque '76, Inc., an Iowa Corporation,
does hereby sell, transfer and assign to
the City of Dubuque, Iowa, all its right,
title and interest in and to the series of
Bicentennial Paintings, being comprised
of Paintings Nos. 1 through 7, and enti-
tled respectively as follows: "New
Beginnings", "Dubuque Gothic
(Democratic Caucus)", "Citizens and
the Flag (Another Opening, Another
Show)", "Circumnavigators - '76", "In
Search of a Song", "A Love of Land and
Community", "Homage to a Visionary".
This Assignment includes but is not
limited to all copyrights and reproduc-
tive rights, and all other rights. The
Assignor further warrants that it has
made no transfer, assignment, pledge,
sale, encumbrance or other disposition
of any kind of the personal property
above mentioned, which has not been
previously discharged. DUBUQUE '76,
INC.,
BY Dennis Naughton
President
AND Arnold N. Honkamp
Treasurer
STATE OF IOWA
DUBUQUE COUNTY
On this 19th day of July, 1976, before
Regular Session, August 2, 1976
383
me, the undersigned, a Notary Public in
and for said County and said State,
personally appeared Dennis Naughton
and Arnold N. Honkamp, to me person-
ally known, who, being by me duly
sworn, did say that they are the Pre-
sident and Treasurer, respectively, of
said corporation; that no seal has been
procured by the said corporation; that
said instrument was signed on behalf of
said corporation by authority of its
Board of Directors; and that the said
Dennis Naughton and Arnold N. Hon-
kamp, as such officers, acknowledged
the execution of said instrument to be
the voluntary act and deed of said cor-
poration, by it and by them voluntarily
executed.
James A. Reynolds
Notary Public in and
for said State
Councilman Lundh moved that the
communication be received and filed
and Assignment be made a matter of
record. Seconded by Councilman
Stackis. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 27, 1976
Honorable Mayor
and City Council
I am returning to you the petition of
the Dubuque Rotary Club for an auction
sale at Town Clock Plaza to be held on
September 18th or alternately on Sep-
tember 25th.
I recommend that the petition be
granted. In support of this recommen-
dation, I am enclosing a letter from
Harold Zimmerman who investigated
the request.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
recommendation be granted. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 22, 1976
Honorable Mayor
and City Council
I herewith submit the reports of the
City Treasurer, Finance Director, Water
Superintendent, Health Department,
and a list of claims paid, for the month of
June 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Honorable Mayor
and City Council
I herewith submit a certified copy of
the audit of the City of Dubuque Water
Department for the period July 1, 1975 -
June 30, 1976, by O'Connor, Brooks and
Company.
July 22, 1976
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 28, 1976
Honorable Mayor and
Members of the
City Council
Please be advised that I have ap-
proved the following General Liability
and Workmen's Compensation policies
for Merle Goerdt d/b/a M.F. Goerdt
Construction Co. from April 26, 1976 to
April 26, 1977, Policy No. GA 795451 and
WC 505952, and request filing approval.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed
and filing be approved. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Notice of Claim of Dan Harkey, in the
amount of $75,000., for personal injuries
received as the result of beating by
police officers on May 31, 1976, at Maas
Park, presented and read. Councilman
Wertzberger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Notice of Suit by William L. Beau-
champ Sr., in the amount of $11,680., for
personal injuries received in a fall on an
ice covered sidewalk at 804 Rose Street
on January 30, 1976, presented and read.
Councilman Wertzberger moved that
the Notice of Suit be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Tully. Carried
384 Regular Session, August 2, 1976
by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
July 29, 1976
Honorable Mayor
and Councilmen
The question has been posed to the
City Council, City of Dubuque, Iowa, by
way of numerous inquiries and com-
plaints arising out of or connected with
the announcement by Teleprompter of
Dubuque, that it proposes to delete
present Channel 11 from its current
channel listing serving the Dubuque,
Iowa audience in order to accommodate
the new or regenerated T.V. station
KDUB. Teleprompter proposes to carry
the KDUB system on the said Tele-
prompter system in lieu of the present
Channel 11. For your information
Channel 11 presently and for some time
heretofore is listed as WHA T.V. Madi-
son, and is designated as an Educational
station.
The question posed appears to be
whether or not such substitution of
channel should be permitted by Tele-
prompter Company and whether or not
there is any legal basis for resisting such
a proposed move or change.
According to the company's own de-
scription of channel listing the present
system carries twelve channels, chan-
nels being numbered two (2) through
thirteen (13) inclusive. Channel 11 is
described as serving WHA T.V. Madis-
on, Wisconsin and designated as an
Educational Channel.
The Teleprompter Company in letter
of August 9, 1974, in the third paragraph
thereof relates the fact that the com-
pany started off with five channels in
1955, then in 1974 increased the broad-
cast channels to twelve which included
two Chicago independent stations
relayed by common carrier micro -wave
and in addition and by means of time
sharing, Teleprompter carried a total of
thirteen broadcast signals plus three
additional local area originated services.
In a recent conference with the com-
pany representative Mr. Chavenelle in-
quired upon what basis the proposed
substitution or change in station was
being made or founded, and was such
proposed change based upon some
regulations or rule to which the com-
pany was bound to adhere? Mr.
Chavenelle was advised in my presence
by the Teleprompter Company repre-
sentative that the determination of
selecting which station or channel to
delete in order to accommodate the new
KDUB signal was soley within the dis-
Regular Session, Au
ust 2, 1976 385
cretion of the company.
In examining the file pertaining to the
companys position of this matter, the
present posture of the company does
not appear to be consistent with repre-
sentations made by it heretofore.
You will recall that in support of its
application for a rate increase, the letter
from the company August 9, 1974,
referred to the present twelve channel
signals as above outlined. Notes of
meeting between Teleprompter Com-
pany representatives and members of
the City Council and City Manager of
February 1, 1975, show it was then un-
derstood and acknowledged that the
company would provide or guarentee to
operate a system of twelve channel
capacity.
Thereafter on February 6, 1975, in
response to the work session of Fe-
bruary 1, 1975, Company Counsel, for
and on behalf of the Teleprompter
Company, wrote to the Mayor and the
City Council a letter wherein it was
stated that Teleprompter system of
Dubuque at that present time was a
twelve channel capacity system and
Teleprompter would continue to main-
tain a twelve channel capacity system
and carry the existing channels, unless
prevented from doing so for reasons
beyond the legal control of Tele-
prompter such as acts of God, storms,
floods, ice, wind, lightning, power
failures, cessation by stations, common
carrier failures, accidents and FCC
Regulations.
The foregoing communications to the
City Council was in the opinion of this
writer a material representation to sup-
port a petition for a rate increase, which
petition was submitted to the City
Council by Teleprompter Company. It is
the opinoin of this writer that City
Council, City of Dubuque, Iowa, had a.
right to rely on such material represen-
tation in making its determination
whether or not to grant a rate increase.
It appears that in fact after the letter of
February 6, 1975, that the City Council,
City of Dubuque, Iowa did grant a rate
increase.
The unilateral position or posture of
the Teleprompter Company at this time
in providing that it will remove one of
the existing channels (Channel 11), in
order to accommodate the signal of the
new KDUB station in lieu thereof, in the
opinion of this writer constitutes a var-
iance from said material representation.
In conclusion it is the opinion of this
writer that in the event that the City
Council determines or decides to require
the company to carry the twelve chan-
nel capacity system and carry the exist-
ing channels, that it would have a legal
basis to do so based on the material
representations heretofore made to the
City Council as a basis for petition for
rate increases.
Attached hereto is machine copy of
letter of August 9, 1974, copy of notes of
meeting of February 1, 1975, and letter
of February 6, 1975 and Telepromoter
Company listing of channels are at-
tached hereto.
R.N. Russo
City Attorney
Councilman Wertzberger moved that
the communication be received and
filed and referred to the TV Cable Com-
mission. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
July 29, 1976
To the Honorable Mayor
and City Council
In the budget hearings for FY '77 we
expressed needs for increasing revenue
from our sewage rental funds by about
$300,000. We are now submitting an
ordinance with revised rates for your
adoption that will increase annual
revenue by $291,700 (Exhibit 1).
Revenue for the operation and main-
tenance of the sanitary sewer system
originates from two sources (Exhibit 2).
First, the large customers have in-
dividual contracts with the City and
have paid a percentage of the capital
costs of the treatment facility and will
continue to pay operating and mainten-
ance costs annually. The second source
of revenue is from all other accounts
connected to the sanitary sewer system.
The need for additional revenue
emanates for two reasons: first, on the
completion of the present im-
provements at the treatment plant the
annual maintenance and operating
costs will increase and, secondly, the
City has been fortuitous in the past four
years of receiving retroactive payments
from the State in an amount approach-
ing $300,000 annually. Those payments
were used for operating purposes. The
last of these payments was received in
FY '76 (Exhibits 3 & 4).
The new rates have been adjusted by
the same amount for all rate steps. We
believe this concept for the adjustment
of the sewage rates is equitable con-
sidering the non -industrial volume han-
dled by the plant and the characteristics
of the sewage is essentially the same all
times of the year.
We would request your adoption of
the attached ordinance incorporating
the new rate structure.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
AN ORDINANCE amending Ordin-
ance No. 35-57 by repealing subsection
a. of Section 4 thereof and enacting a
new subsection a. of Section 4 in lieu
thereof; by repealing subsection b. of
Section 4 thereof and enacting a new
subsection b. of Section 4 in lieu thereof;
by repealing subsection c. 5 of Section 4
thereof and enacting a new subsection
c. 5 of Section 4 in lieu thereof; by
repealing Section 8 thereof and enacting
a new Section 8 in lieu thereof to
provide for revision of Schedule of
Rates, to provide for minimum sewage
rental charges and to provide for penal-
ty for failure to pay such charges; and
repealing Ordinance No. 65-68, present-
ed and read. Councilman Stackis moved
that the Ordinance be tabled to the
Council Meeting of September 7, 1976,
at 7:30 o'clock P.M. in the Council
Chambers. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Petition of Lions Club requesting use
of parking lot at McAleece Field for
September 7, 1976, sponsoring a circus,
presented and read. Councilman Stackis
moved that the request be approved
subject to coordination of the City
Manager. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Petition of Iowa Grotto Ass'n.
requesting permission to conduct a par-
ade on October 9th, 1976, presented and
read. Councilman Stackis moved that
the request be approved subject to
coordination of the City Manager.
Seconded by Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger,
Nays - None.
Petition of St. Anthony's Parish
requesting permission to close Rosedale
Ave. on September 26, 1976 from 10
o'clock A.M. to 8 o'clock P.M. to con-
duct their Fall Festival, presented and
386 Regular Session,
read. Councilman Stackis moved that
the request be approved subject to
coordination of the City Manager.
Seconded by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Hempstead High School
Student Government group requesting
permission to conduct a Homecoming
Parade on October 1, 1976, presented
and read. Councilman Stackis moved
that the request be approved subject to
coordination of the City Manager.
Seconded by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of A. J. Smith et al (32
signers), residents on Jackson Street in
the 20th and 21st Street area, requesting
removing of regulatory signs prohibit-
ing parking after 12 A.M. on alternate
days of the week provided for street
cleaning, presented and read.
Councilman Stackis moved to su-
spend 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.
Mark Gilligan of 2139 Jackson Street,
spoke to the Council relative to the
petition. Councilman Lundh moved that
the petition of A. J. Smith be received
and filed. Seconded by Councilman
Stackis. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of St. Anthony Messenger
requesting permission to solicit
magazine subscriptions as in previous
years, presented and read. Councilman
Stackis moved that the request be
granted subject to final approval of the
City Manager. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of "The Power of Prayer Inc."
requesting permission to conduct a
power of prayer procession in coopera-
tion with local churches on Sunday,
October 3, 1976, presented and read.
Councilman Stackis moved that the
request be granted subject to final ap-
proval of the City Manager. Seconded
by Councilman Wertzberger. Carried by
August 2, 1976
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing on
Resolution of Necessity for construc-
tion of Cooper Place Steps from W. 5th
St. to Cooper Place, presented and read.
Councilman Wertzberger moved that
the proof of publication be received and
filed. Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Mr. Paul Gruber objected to the
proposed plans and specs. as submitted.
NO FURTHER ACTION TAKEN ON
THE PROJECT.
Councilman Wertzberger moved
that the Engineering Department sub-
mit another proposal, specs. and con-
tract coming down the land as
proposed, and grading for path and park
area. Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 283-76
Authorizing Submission of a Request
for Release of Funds for Certain Com-
munity Development Block Grant
Projects
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program
convened an ad hoc committee on June
23, 1976 and completed an Environ-
mental Assessment of the following
identified proposals (projects) with
Community Development Block Grant
funds; and
Rehabilitation Loan and
Grant Program in Four Community
Development Project Areas
Emergency Home Repair Program
in Four Community Development
Project Areas
Tool Lending Library Sponsored by
Washington Tool Library, Inc., a
nonprofit corporation.
WHEREAS, pursuant to Resolution
No. 246-76 adopted July 6, 1976, Public
Notice of a "Finding of no significant
effect on the environment" for the
proposal (project) was published July 7,
1976, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon, Friday, July 30, 1976;
and
WHEREAS, Public Notice of a "Find -
Regular Session, August 2, 1976
ing of no significant effect on the envir-
onment" for the proposals (projects)
was sent by regular mail to various
Federal, state and local public agencies
and to the local news media, individuals
and groups known to be interested and
believed to be appropriate to receive
such a Public Notice; and
WHEREAS, any and all objections, if
any, to such proposals have been duly
considered; and
WHEREAS, it is the intent of the City
Council to authorize the submission of a
request to the U.S. Department of
Housing and Urban Development for
release of funds under the said Act to
carry out the above identified projects;
now therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That the Environmental
Review Record for each of the proposals
(projects) shall continue to remain on
file in the Office of the City Clerk, where
said records may be examined and
copied by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment on the 10th day of August, 1976, a
request for release of funds to undertake
the said Projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a re-
sponsible Federal official under the Na-
tional Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of Hous-
ing and Urban Development's respon-
sibilities for review, decision-making,
and action assumed and carried out by
the City of Dubuque as to environmen-
tal issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute a Certifica-
tion pertaining to the environmental
review procedures.
Section 6. That the City Clerk be and
he is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds and Certification in
the form of Exhibit "A" attached hereto
and made a part hereof.
387
Passed, approved and adopted this
2nd day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the Environmental
Review Procedures for the Community
Development Block Grant Program, the
City of Dubuque intends to file a request
on August 10, 1976, for Release of Funds
for Certification of the following iden-
tified projects to be undertaken with
funds made available under Title I of the
Housing and Community Development
Act of 1974.
Rehabilitation Loan and Grant
Program in Four Community De-
velopment Project Areas
Emergency Home Repair Program
in Four Community Development
Project Areas
Tool Lending Library Sponsored by
Washington Tool Library, Inc., a
non-profit corporation
The City of Dubuque has made an
Environmental Review Record for the
projects, and has placed these records
on file in the Office of the City Clerk in
City Hall, 13th and Iowa Streets,
Dubuque, Iowa, where said records may
be examined and copied between the
hours of 8:00 AM and 5:00 PM, Monday
through Friday until 5:00 PM on the
26th day of August, 1976.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief Ex-
ecutive Officer of the applicant is Mayor
Alvin E. Lundh. The mailing address for
both the applicant and the Chief Ex-
ecutive Officer is City Hall, 13th and
Iowa Streets, Dubuque, Iowa.
The City of Dubuque will undertake
the projects described above with block
grant funds from the U.S. Department
of Housing and Urban Development
(HUD), under Title I of the Housing and
Community Development Act of 1974.
The City . of Dubuque is certifying to
HUD that the City of Dubuque and
Alvin E. Lundh, in his official capacity
as Mayor, consent to accept the juris-
diction of the Federal courts if an action
is brought to enforce responsibilities in
relation to environmental reviews,
decision-making, and action; and that
these responsibilities have been satis-
fied. The legal effect of the certification
388 Regular Session, August 2, 1976
is that upon its approval, the City of
Dubuque may use the block grant funds
and HUD will have satisfied it s respon-
sibilities under the National Environ-
mental Policy Act of 1969. HUD will
accept an objection to its approval of
the release of funds and acceptance of
the certification only if it is on one of the
following bases: (a) That the certifica-
tion was not in fact executed by the
Chief Executive Officer or other officer
of applicant approved by HUD; or (b)
that applicant's environmental review
record for the project indicates omission
of a required decision, finding, or step
applicable to the project in the environ-
mental review process. Objections must
be prepared and submitted in accor-
dance with the required procedure (24
CFR Part 58), and may be addressed to
HUD at Omaha Area Office, 7100 West
Center Road, Omaha, Nebraska 68106.
Objections to the release of funds on
bases other than those stated above will
not be considered by HUD. No objection
received after the 26th day of August,
1976, will be considered by HUD.
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — Councilman Brady.
RESOLUTION NO. 284-76
WHEREAS, the MAYOR'S INDUS-
TRIAL COMMITTEE, composed of Al
Lundh, Mayor, Wayne Moldenhauer,
Chairman Board of Dock Commis-
sioners, and Robert Dorothy, Director
of Dubuque Area Industrial Develop-
ment Corporation, recommended to the
City Council of City of Dubuque on July
19, 1976 that the application to purchase
certain City owned real estate by Ther-
mo King Sales & Service of Dubuque,
Inc. for the purpose of erecting a build-
ing thereon of approximately 15,000
square feet for the purposes of man-
ufacture, offices and parts room, be
approved; and
WHEREAS, City Council of the City
of Dubuque, Iowa has examined said
application and recommendation by the
MAYOR'S INDUSTRIAL COMMITTEE
and find that the sale of said real estate
should be approved; and
WHEREAS, said real estate sought to
be purchased by Thermo King Sales &
Service of Dubuque, Inc. is described
and known as:
Lot 9 of Block 1 of "RIVER FRONT
SUBDIVISION NO. 5" in the City of
Dubuque, Iowa, an area of approx-
imately 2.131 acres.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the application of
THERMO KING SALES & SERVICE OF
DUBUQUE, INC. to purchase a parcel of
city -owned real estate in the City of
Dubuque, Iowa which real estate is
described and known as:
Lot 9 of Block 1 of "RIVER FRONT
SUBDIVISION NO. 5" in the City of
Dubuque, Iowa, an area of approx-
imately 2.131 acres
be and the same is hereby approved
upon the following terms and
conditions:
1. That the said real estate be sold to
Thermo King Sales & Service of
Dubuque, Inc. for the construction
and erection of a building thereon
approximately 15,000 square feet in
size to provide for manufacturing
purposes, office space, conveniences
and parts room.
2. That the sale price for said real es-
tate shall be $20,908.80 per acre or
$44,556.65 for the total purchase price,
with ten percent thereof being paid as
down payment, receipt whereof is
hereby acknowledged by the City.
3. That construction of said building
shall be commenced within one (I)
year from date of delivery of deed and
the passage of this Resolution and
shall be completed within twenty-
four (24) months of delivery of deed
and upon failure so to do or failure to
make improvements to the land
within eighteen (18) months by Ther-
mo King Sales & Service of Dubuque,
Inc., purchaser, then said real estate
shall automatically revert to the City
of Dubuque, Iowa and purchase price,
less damages, shall be refunded to the
purchaser.
4. That the construction of all build-
ings, yards, parking lots, fences and
ancillary improvements shall be con-
structed in conformance with City
codes, and manufacturing processes
carried out in accord with City
Ordinances.
5. That the City of Dubuque, Iowa
retains a perpetual easement for ex-
isting waterlines, existing sanitary
sewer and storm sewer lines and for
utilities, together with right of ingress
and egress to repair, inspect and
maintain the same.
6. Seller shall furnish abstract of title
and conveyance shall be by Quit
Claim Deed.
Sect)on 2. That the City Clerk be and
he is hereby authorized and directed to
Regular Session, August 2, 1976 389
publish notice of intent to dispose of
interest in real estate as is by law
required.
Passed, approved and adopted this
2nd day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution and that a Public
Hearing be held on September 7, 1976, at
7:30 o'clock P.M. in the Council
Chamber at City Hall. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing on Resolution of Necessity for Con-
struction of W. 32nd Street Sanitary
Sewer from Carter Road to J.F.K. Road,
presented and read.
Verne Boyes, Wm. Misko, Karen Dil-
lon voiced objections to construction of
sewer for various reasons. Cecil Mohr
stated if program is to continue, put in
dogleg, would grant easement. S.
McKinley stated he had no trouble with
his septic tank. Atty. Joseph J. Bitter,
representing Agnes Steines and Herman
Steines, stated no benefits received from
sewer for payment of assessment, rough
terrain. Clyde Boge and Earl Rohr also
stated objections to the construction of
the sewer.
James Gruber addressed the Council
as being in favor of the sewer; Most
economical time is now; Prepared to give
easement; If sewer does not go in, no
easement. Gus Mihal felt that City is
obligated to provide City sewer and
water and is in favor, of services. Coun-
cilman Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Statement of City Clerk certifying
that notices of public hearing were
mailed by certified mail to property
owners of record subject to assessment
to pay for cost of constructing W. 32nd
Street Sanitary Sewer, presented and
read. Councilman 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.
Petition of Verne Boyes et al (9
signers) objecting to construction of
sanitary sewer presently proposed for
Brueck Road & Blasen Drive, presented
and read. Councilman Stackis moved
that the petition be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of H. Redmond objecting to
construction of W. 32nd Street Sanitary
Sewer, presented and read. Councilman
Stackis moved that the petition be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 253-76
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. Each lot proposed to be assessed
together with a valuation fixed by the
council.
3. An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kind of material to be
used.
4. In each case the amount thereof
which is estimated to be assessed
against each lot, for the West 32nd
street Sanitary Sewer extension.
BE IT THEREFORE RESOLVED that
the City Council on its own motion or
upon petition of property owners,
deems it advisable and necessary for
the public welfare to make the herein
mentioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Clerk
objections to the amount of the
proposed assessments, they shall be
deemed to have waived all objections
thereto.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which have
Jt)
Ii
ju
iV
it
390 Regular Session, August 2, 1976
been prepared therefore by the City
Engineer which have been approved by
the City Council and are now on file
with the City Clerk. That the cost and
expense of making said improvement
will be assessed upon and against all
privately owned property lying within
assessable distance provided by law and
in an amount not to exceed the amount
provided by law, property will be as-
sessed whether the same abuts thereon
or is adjacent thereto according to area
and in proportion to the special benefits
conferred thereby, and any deficiency
shall be paid out of the sewer funds,
sewer bonds shall be issued and sold in
anticipation of deferred payments of
assessments when a contract has been
performed and accepted and the
proceeds thereof used to pay the con-
tractor. The railway portion of any
street or assessment district shall be
assessed to and paid by the railway
company.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 6th day of July,
1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by the
City Council this 2nd day of August,
1976.
Alvin E, Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved final
adoption of the resolution. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays — Councilman Stackis.
DECISION OF COUNCIL UPON OB-
JECTIONS TO PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT AND
COST OF IMPROVEMENTS
RESOLUTION NO. 285-76
WHEREAS, proposed plans and
specifications and form of contract for
the West 32nd street Sanitary Sewer
Extension have been approved by the
City Council of the City of Dubuque and
public notice given as provided by
Chapter 384 of the Code of Iowa, 1975 as
amended pertaining to public contracts
and bonds, and the time and place fixed
for the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 2nd day of August, 1976; and
WHEREAS, the City Council met in
regular session this 2nd day of August,
1976, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties and
considering any and all objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered; now,
therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all
objections which have been made and
filed to the plans, specifications, con-
tract for or cost of said improvement
herein described and proposed to be
made, be and the same hereby overruled
and such plans, pecifications and form
of contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED that
this resolution containing the decision
of this Council upon all objections
which have been filed to the plans,
specifications and form of cost said
improvement be made a matter of per-
manent record in connection with said
improvement.
Passed, adopted and approved this
2nd day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Brady moved adoption of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays — Councilman Stackis.
(Ordering Construction)
RESOLUTION NO. 286-76
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that pursuant
to a resolution of necessity No. 253-76
which was duly passed by this Council,
for the construction of West 32nd street
Sanitary Sewer Extension be and the
same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the petition
of property owners. All the work shall
be constructed in accordance with the
plans and specifications heretofore
adopted and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said im-
provements be paid for by levying
special assessments against the private-
ly owned property lying within the as-
sessable distance from the im-
provements, whether such property
abut upon the same or are adjacent
thereto, according to the area thereof
and in proportion to the special benefits
conferred, and any deficiency will be
paid out of the general, improvement, or
sewer funds of the city, or partly from
each of such funds. Payment will be
made to the contractor out of funds
realized from the sale of sewer bonds to
be issued in anticipation of deferred
payments of assessments as provided by
law after the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED that
the City Clerk be and he is hereby or-
dered and directed to advertise for
proposals for the construction of the
various improvements herein provided
for in the manner provided by law the
said improvements shall be completed
on or before 60 days after notice for
completion 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
2nd day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Tully, Wertzberger.
Nays — Councilman Stackis.
Proof of Publication, certified to by
the Publisher, of Notice of Finding of no
significant effect on the Environment
for various projects under Title 1 of
Housing & Community Development
Act, presented and read. Councilman
Stackis moved that the proof of pub-
lication be received and filed. Seconded
by Mayor Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 29, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plat of Lots 1 through 18 of "Buena
Vista" Subdivision lying at the north-
west intersection of Asbury Road and
Bonson Road in the City of Dubuque,
Iowa.
The Commission has found the plat to
be in conformance with the Subdivision
Regulations of the City of Dubuque,
Iowa and recommends your favorable
consideration of Lots 1 through 18 of
"Buena Vista" Subdivision subject to
compliance with the requirements of
the City Engineering Department.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
City Planner
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 267-76
Resolution Approving the Plat of
Buena Vista Subdivision No. 1 in
the City of Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as BUENA VISTA SUB-
DIVISION NO. 1 in the City of
Dubuque, Iowa, by Carl J. Burbach and
Mary Ann Burbach, and
WHEREAS, upon said plat appear
streets to be known as La Vista Court,
Seville Drive, and Hacienda Drive,
together with certain public utility ea-
sements which the Owners by said plat
have dedicated to the public forever;
and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto, except
that street grades have not been estab-
lished, the streets brought to grade, or
paving, sewer or water installed;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
IIP
392 Regular Session, August 2, 1976
Section 1. That the dedications of La
Vista Court, Seville Drive, and Hacien-
da Drive, together with the new ea-
sements for public utilities as the same
appear upon said plat, be and the same
are hereby accepted;
Section 2. That the plat of BUENA
VISTA SUBDIVISION NO. 1 in the City
of Dubuque, Iowa, be and the same is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said plat,
provided the owners of said property
herein named, execute their written
acceptance hereto attached agreeing:
a. To reduce all streets to grade and
to construct concrete curb and gutter
and to hard surface La Vista Court,
Seville Drive, and Hacienda Drive
with bituminous concrete, or with
concrete paving with integral curb,
and to construct concrete curb and
gutters on the west side of Bonson
Road, all in accordance with City of
Dubuque standard specifications.
b. To install sanitary sewer mains and
sewer service laterals in accordance
with plans submitted with the plat;
c. To install water mains and water
service laterals in accordance with
plans submitted with the plat;
d. To install storm sewers and catch -
basins in accordance with plans sub-
mitted with the plat;
e. To install concrete sidewalks as
required by Ordinances, and where
directed by the City Engineer and the
City Manager;
f. To construct all improvements in
compliance with any and all applica-
ble City of Dubuque Specifications
and as approved by the City Engineer;
g. To maintain the foregoing im-
provements for a period of four (4)
years from date of their acceptance by
the City of Dubuque, Iowa;
h. To provide the foregoing construc-
tion and maintenance at the sole ex-
pense of the Subdividers, Carl J. Bur-
bach and Mary Ann Burbach, as
owners;
i. To construct said improvements, ex-
cept sidewalks, prior to June 1, 1978,
and to construct the sidewalks prior
to June 1, 1980;
j. To install in accordance with City
Specification, boulevard street light-
ing within thirty (30) days after the
completion of the adjacent curb and
gutter within any particular section of
the proposed subdivision;
and further, provided that said Carl J.
Burbach and Mary Ann Burbach, as
owners of said Subdivision, secure the
performance of the foregoing condi-
tions by providing security in such form
and with such sureties as may be ac-
ceptable to the City Manager.
Section 3. That in the event Carl J.
Burbach and Mary Ann Burbach shall
fail to execute the acceptance and fur-
nish the security provided for in Section
2 hereof within 45 days after the date of
this Resolution, the provisions hereof
shall be null and void and the accep-
tance of the dedication and approval of
the plat shall not be effective.
Passed, adopted and approved by un-
animous recorded roll call this 2nd day
of August, A.D., 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION NO.
287-76
We, the undersigned Carl J. Burbach
and Mary Ann Burbach having read the
terms and conditions of the foregoing
Resolution No. 287-76 and being familiar
with the conditions thereof, hereby ac-
cept the same and agree to perform the
conditions required therein.
Dated at Dubuque, Iowa, this 6th day
of August, 1976.
Carl J. Burbach Mary Ann Burbach
TO:
Leo F. Frommelt
City Clerk
This is to certify that the security
provided by the foregoing RESOLU-
TION NO. 287-76 has been furnished by
the owners.
Dated at Dubuque, Iowa, this 10th
day of August, 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Wertzberger Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 288-76
WHEREAS the Dubuque City Coun-
cil desires to:
1. Increase the efficiency of Dubuque's
council-manager form of
government.
2. Improve coordination within city
staff.
3. Improve information flow from city
Regular Session, August 2, 1976
393
staff to City Council and to the
community.
4. Develop a capability for a continual
in-house organizational and func-
tional review and analysis in city hall,
and
WHEREAS the assistance of qualified
individuals in the fields of government,
business and the academic community
would be beneficial to the analysis and
study of Dubuque's city government,
and
WHEREAS the Dubuque community
abounds with the requisite talent to
accomplish said study,
THEREFORE BE IT RESOLVED that
the Dubuque City Council hereby
creates the Dubuque Municipal
Government Task Force to study and to
recommend organizational and
procedural changes within Dubuque's
council-manager form of government.
Passed, adopted and approved this
2nd day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved approval of
concept and adoption of the resolution.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Mayor Lundh moved to consider
further changes at the next Council
Meeting in an Executive Session.
Seconded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 289-76
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Mister Donut, 914 Dodge Street
Pete Sfikas, 401 Central Avenue
Randall's Foodarama #2, 2013 Central
Avenue
Richard Schurbon, 1091 Main Street
Passed, adopted and approved this
2nd day of August 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 290-76
WHEREAS, applications for Beer
Permits have been submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the following
applications be granted and permits
issued upon the compliance with the
terms of the Ordinances of the City.
CLASS "B" BEER PERMIT
The Church of the Nativity, 1225 Alta
Vista
St. Columbkille Church, 1240 Rush
Street
John P. Frangos, 1236 Iowa Street
Women's Recreation Assn., Inc.,
McAleece Ball Field
CLASS "C" BEER PERMIT
Randalls International, 2013 Central
Avenue
Passed, adopted and approved this
2nd day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 291-76
WHEREAS, applications for Beer
Permits were filed by the within named
applicants and they have received the
394 Regular Session, August 2, 1976
approval of this Council; and
WHEREAS, the premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the Ordin-
ances of this City and they have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
The Church of the Nativity, 1225 Alta
Vista St.
St. Columbkille Church, 1240 Rush
Street
John P. Frangos, 1236 Iowa Street
Women's Recreation Assn., Inc.,
McAleece Ball Field
CLASS "C" BEER PERMIT
RandalIs International, 2013 Central
Avenue
Passed, adopted and approved this
2nd day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 292-76
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the following
applications be approved and licenses
issued upon the compliance with the
provisions of Chapter 131, Acts of the
First Regular Session, 64th General
Assembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
James J. Klauer, 1646 Asbury Road
Pete S. Sfikas, 401 Central Avenue
Imperial Lanes, Inc., 3505 Stoneman
Road
Passed, adopted and approved this
2nd day of August 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO, 293-76
WHEREAS, applications for Liquor
Licenses were filed by the within named
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to be oc-
cupied by such applicants were insp-
tected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
James J. Klauer, 1646 Asbury Road
Pete S. Sfikas, 401 Central Avenue
Imperial Lanes, Inc., 3505 Stoneman
Road
Passed, adopted and approved this
2nd day of August 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
At 10:20 P.M. Councilman. Tully-
moved
ullymoved to go into Executive Session to
discuss appointments to Commissions
and Personnel. Seconded by Council -
Regular Session, August 2, 1976 395
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Council reconvened in Regular Ses-
sion at 10:43 P.M.
Mayor Lundh announced the reap-
pointment of Chester Solomon to the
Dubuque Transit Trustee Board for a 6
year term expiring 7-30-82. Councilman
Stackis moved ratification of the ap-
pointment. Seconded by Councilman
Tully. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — Councilman Brady.
There being no further business,
Councilman Tully moved to adjourn.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Sackis, Tully, Wertzberger.
Nays — None.
Leo F. Frommelt
City Clerk
Approved 19
Adopted 19—
Councilmen
ATTEST:
City Clerk
1'b
�IrI.
396 Special Session, August 5, 1976
CITY COUNCIL
OFFICIAL
Special Session, August 5, 1976.
Council met at 1:00 P.M. (C.D.T.)
Present - Mayor Lundh, Council-
men Brady, Tully. City Manager Gilbert
D. Chavenelle.
Absent - Councilmen Stackis,
Wertzberger.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this Meeting is called for THE PUR-
POSE OF ADOPTING A RESOLUTION
PROVIDING FOR THE SALE AND
AWARD OF $5,700,000 WATER
REVENUE BONDS, 1976 SERIES, AND
APPROVING AND AUTHORIZING THE
AGREEMENT OF SUCH SALE AND
AWARD, and acting upon such other
business as may properly come before a
Regular Meeting of the Council.
Proof of Publication, certified to by
the Publisher, of Notice of Sale of
$5,700,000 Water Revenue Bonds, 1976
Series, City of Dubuque, Iowa, present-
ed and read. Mayor Lundh moved that
The following sealed bids were received:
the proof of publication be received and
filed. Seconded by Councilman Tully,
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Tully.
Nays - None.
Absent - Councilmen Stackis,
Wertzberger.
Mayor Lundh called for open or oral
bids and receiving none, moved that
oral bidding be.closed. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Tully.
Nays - None.
Absent - Councilmen Stackis,
Wertzberger.
Mayor Lundh moved that the sealed
bids received be opened and read.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Tully.
Nays - None.
Absent - Councilmen Stackis,
Wertzberger.
Investment Rating:
1 Moody's Investors Service, Inc. .. Al
55,700,000
CITY OF DUBUQUE, IOWA
Water Revenue Bonds, 1976 Series
Dote of Sale: August 5, 1976
Bidders Price
John Nuveen & Co., Inc. -Chicago and Merrill Lynch, 100.0030
Pierce, Fenner & Smith, Inc. -NY and Weeden & Co.,
Inc: San Francisco -Joint Managers
Becker & Cownie, Inc: Des Moines AWARDED
Dain, Kalman & Quail, Inc. -Davenport
Shaw, McDermott & Co. -Des Moines
Kirchner, Moore and Company -Denver
Channer Newman Securltles Co: Chicago
R. G. Dickinson & Co. -Des Moines
First Mid America, Inc. -Omaha
Loewei & Co., Inc. -Milwaukee
The First Boston Corporation -New York and Blyth 100.0001
Eastman Dillon & Co., Inc. -New York and Carleton D.
Behr Co. -Des Moines -Joint Managers
Jesup & Lamont Municipal Securities -New York
Salomon Brothers -New York
Goldman, Sachs & Co. -New York and White, Weld &
Co. -New York -Joint Managers
Hornblower & Weeks-Hemphil I, Noyes, Inc. -NY
Dean Witter & Co., Inc: San Francisco
Hutchinson, Shockey, Erley & Co. -Chicago
Bacon, Whipple & Co. -Chicago
Van Kampen Sauerman, Inc. -Chicago
Relnholdt & Gardner -St. Louts
Coupon
1977
1978-88
1989
1990-93
1994-96
Rates
5.70%
6''/
5.90%
5.70%
5.00%
1977 5'h%
1978-83 61/2
1984 5.80%
1985-88 61/2%
1989 5'/2
1990-92 5.80%
1993 5.90
1994-96 5.00%
Net
Interest
5.6906%
53,994,829
5.6913%
53,995,344
100.0214 1977-86 63/4% 5.7075%
1987 5.70% 84,006,708
1988-89 51/2%
1990-93 5.70%
1994-96 51/4%
100.0001 1977-87 61/2%
1988 6.00%
1989 5.90%
1990-91 5.80%
1992 5.90%
1993 6.00%
1994-96 5.00%
Lehman Brothers, Inc. -New York and Loeb, Rhoades 100.0019 1977-78 63/4%
&Co: New York -Jointly 1979 51/2%
1980-83 63/4%
1984 5.90%
1985-89 S'/2
1990-92 5.90%
1993-94 6.00%
1995-96 51/4%
5.7281%
54,021,150
5.7334%
84,024,845
Special Session, August 5, 1976
397
Donaldson, Lufkin & Jenrette Securltles Corp. -NY
Bache Halsey Stuart, Inc. -New York -Manager
P aine, Webber, Jackson & Curtis, Inc. -New York
L. F. Rothschild & Co. -New York
K idder, Peabody & Co., Inc. -New York
Wauterlek & Brown, Inc. -Chicago
McDonald & Company -Cleveland
Reynolds Securities, Inc. -New York
Stern Brothers & Co. -Kansas City
Piper, Jaffray & Hopwood, Inc: Minneapolls
Robert W. Baird & Co., Inc. -Milwaukee
George K. Baum & Company, Inc. -Kansas City
The Illinois Company/McCormick, Inc. -Chicago
The Milwaukee Company -Milwaukee
Communication of Paul D. Speer &
Associates Inc. recommending that the
bid of John Nuveen & Co. Incorporated
be accepted and bonds awarded to that
bidder at par plus accrued interest, plus
a premium of $171.00 for the interest
coupons shown in the bid, being a net
interest rate of 5.6906%, presented and
read. Councilman Tully moved that the
recommendation of Paul D. Speer &
Associates Inc. be approved. Seconded
by Mayor Lundh. Carried by the fol-
lowing vote: Yeas -Mayor Lundh,
Councilmen Brady, Tully. Nays -None.
Absent -Councilmen Stackis, Wertz-
berger.
RESOLUTION NO. 294-76
Resolution providing for the sale and
award of $5,700,000 Water Reven-
ue Bonds, 1976 Series, and ap-
proving and authorizing the
agreement of such sale and
award.
Whereas notice of sale of $5,700,000
Water Revenue Bonds, 1976 Series, of
the City of Dubuque, in Dubuque
County, Iowa, has heretofore been
given in strict compliance with the
provisions of Chapter 75 of the Code of
Iowa, by publication of notice for two
or more successive weeks in a new-
spaper published and of general cir-
culation in said County; and
WHEREAS all sealed bids have been
received and placed on file, after which
open bids were called for and received,
the highest of which open bids was as
follows: the bid submitted by None
consisting of par and accrued interest
plus a premium of None with the
bonds to bear interest at the following
rates per annum:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
None
and thereafter such sealed bids were
opened, the substance of the best
sealed bid being as follows: the bid sub-
mitted by John Nuveen & Co. Incor-
porated, consisting of par and accrued
100.0000
100.0068
1977
1978
1979-88
1989
1990-92
1993
1994-96
1977-87
1988
1989
1990-92
1993-94
1995-96
5.00% 5.73412%
6.00% 84,025,350
6h%
5.80%
6'h
6.00%
5.00%
6'/x % 5.7941%
5.80% 54,067,465
5.60%
5.80%
6.00%
5.00%
interest plus a premium of $171.00, with
the bonds to bear interest at the follow-
ing rates per annum:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1977 5.70% 1987 6.50%
1978 6.50% 1988 6.50%
1979 6.50% 1989 5.90%
1980 6.50% 1990 5.70%
1981 6.50% 1991 5.70%
1982 6.50% 1992 5.70%
1983 6.5096 1993 5.70%
1984 6.50% 1994 5.00%
1985 6.50% 1995 5.00%
1986 6.5096 1996 5.00%
NOW, THEREFORE, Be It Resolved
by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That upon being advised
in the premises it is hereby determined
that the bid of John Nuveen & Co. In-
corporated for the purchase of
$5,700,000 Water Revenue Bonds, 1976
Series, as advertised, bearing interest at
the rates specified in the preamble her-
eof, is the highest and best bid received
and that said bonds be and the same
are hereby awarded to said John
Nuveen & Co. Incorporated.
Section 2. That the form of agreement
of sale of said bonds to John Nuveen &
Co. Incorporated be and the same is
hereby approved, and the Mayor, City
Clerk and City Treasurer are hereby
authorized and directed to accept and
execute said agreement for and on
behalf of the City of Dubuque, Iowa,
and to affix the corporate seal of said
City thereto.
Section 3. That all resolutions or
parts of resolutions in conflict herewith
be and the same are hereby repealed.
Passed and approved August 5, 1976.
Alvin E. Lundh
Mayor
Attest:
Leo F. Frommelt
City Clerk
Recorded August 5, 1976.
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Mayor
Lundh, Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
398 Special Session, August 5, 1976
Brady, Tully.
Nays — None.
Absent — Councilmen Stackis,
Wertzberger.
Councilman Tully moved that the
City Clerk be directed to return good
faith checks to the unsuccessful bidders.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Tully.
Nays — None.
Absent — Councilmen Stackis,
Wertzberger.
There being no further business,
Councilman Tully moved that the
meeting adjourn. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Tully.
Nays — None.
Absent — Councilmen Stackis,
Wertzberger.
Leo. F. Frommelt
City Clerk
Approved
Adopted
19-
19—
Councilmen
ATTEST:
City Clerk
Special Session, August 16, 1976 399
CITY COUNCIL
OFFICIAL
Special Session, August 16, 1976.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this Meeting is called for the PUR-
POSE OF CONDUCTING PUBLIC
HEARINGS ON VARIOUS ZONING
ORDINANCES and acting upon such
other business as may properly come
before a Regular Meeting of the
Council.
A Proclamation proclaiming that
September 8, 1976 be known as "World
Literacy Day in Dubuque" was signed
and approved by Mayor Lundh.
League of Women Voters submitted a
petition entitled "Presidential Debates:
Equal Time for Issues" and requested
Mayor and Council signatures. Council
members signed the petition as pre-
sented by Judie Fjellman of the League.
Communication received from the
City of Grafton, Illinois, addressed to
the Mayor, expressed appreciation of
plaque received from canoeists during
the Jean Marie Cardinal canoe trip,
presented and read. Mayor Lundh ex-
pressed gratification for the good will
created by the canoe trip to St. Louis
and moved that the communication be
received and filed. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 295-76
Fair Proclamation
WHEREAS, the 23rd Annual
Dubuque County Fair is being held this
year Tuesday, August 17, 1976 to Sun-
day, August 22, 1976, inclusive, and
WHEREAS, the Dubuque County
Fair has developed into one of the out-
standing 4-11 Youth, Agricultural and
Commercial Expositions of Dubuque
County and the Dubuqueland area, and
WHEREAS, the Dubuque.County
Fair Association, its officers and direc-
tors are to be commended for their
efficient operation of this community
enterprise.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the period of
August 17, 1976 to August 22, 1976 be
and is hereby proclaimed as Dubuque
County Fair Week, and the Proclama-
tion thereof duly published in the record
of the proceedings of this Council.
Roll call resulting as follows: ayes,
Brady, Lundh, Stackis, Tully,
Wertzberger.
Nays — None.
Resolution was declared adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Cable Advisory
Committee recommending endor-
sement of Mr. McCullough's suggestion
to remove WOC Channel 6 (Davenport)
from the line-up instead WHA -11
(Madison PBS), presented and read.
Councilman Stackis moved to su-
spend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Ed McCullough, Manager of Tele-
prompter, addressed the Council stating
very little reaction to the proposed
change had been made.
Councilman Stackis moved that the
communication of Cable Advisory
Committee be received and filed and
approved. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Rehabilitation
Commission submitting minutes of
their meeting of August 3, 1976, pre-
sented and read. Councilman Stackis
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Board of Dock
Commissioners submitting minutes of
their meeting of July 14, 1976, presented
and read. Councilman Stackis moved
that the minutes be received and filed.
Seconded by Councilman Wertzberger.
400 Special Session
August 16, 1976
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Transit Trustee
Board submitting minutes of their
meeting of July 29, 1976, presented and
read. Councilman Stackis moved that
the minutes be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Community
Development Commission submitting
minutes of their meeting of August 10,
1976, presented and read. Councilman
Stackis moved that the minutes be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of UAW Local 94
objecting to removal of Station WHA
from Cable TV, presented and read.
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Printed Council Proceedings for the
months of March, April and May, 1976,
presented for approval. Councilman
Stackis moved that the Council
Proceedings be approved as printed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of List of Receipts and
Expenditures, also list of Claims paid for
the month of June, 1976, presented and
read. Councilman Tully moved that the
proof of publication be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
August 12, 1976
Honorable Mayor
and City Council
I request permission to attend the
International City Management As-
sociation meeting in Toronto, Sep-
tember 26-29.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the request be approved. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
August 12, 1976
To the Honorable Mayor
and City Council
The Office of Revenue Sharing each
year requires the recipient governmen-
tal unit of revenue sharing funds to
submit a report identifying how revenue
sharing funds were expended. By Sep-
tember 1 of this year the Office of
Revenue Sharing requires that we
report to them use of revenue sharing
for the period July 1, 1975 to June 30,
1976.
Attached is a copy of the report that
we will be submitting to the Office of
Revenue Sharing. This report must be
published in the local newspaper for the
benefit of the citizens of the community.
You are requested to authorize the
City Manager to sign this report and to
direct the City Clerk to publish in the
local newspaper. After publication the
report will be forwarded to the Office of
Revenue Sharing.
Gent M. Wittenberg
Acting Assistant
City Manager
Councilman Stackis moved that the
communication be received and filed
and authority granted. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
August 10, 1976
Honorable Mayor and Members
of the City Council
We have approved the following
policies and bonds and desire to have
your approval for filing same.
PUBLIC LIABILITY POLICY
Ken Schromen Policy No. GA796181
Bituminous Casualty Corporation to
July 1, 1977.
SIDEWALK CONSTRUCTION BONDS
Fischer Inc. of Dubuque, The North
River Insurance Co., Bond No.
798646, to July 26, 1979 $1000.
Bullock Company Inc. Aetna Casualty
& Surety Co. to July 23, 1977
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed
and filing be approved. Seconded by
Mayor Lundh. Carried by the following
vote:
Special Session, August 16, 1976
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Library Director,
William Fullmer, advising of adoption of
a revised penalty and fee financial
structure effective September 6, 1976,
new and old schedule submitted, pre-
sented and read. Councilman Stackis
moved that the communication be
received and filed and referred to the
Budget. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
July 30, 1976
Honorable Mayor
and City Council
Claim was filed against the City of
Dubuque, Iowa on May 20, 1976 by
Richard LaMour of 1770 Glen Oak, this
city, and alleging damages to his ba-
sement carpeting on March 15, 1976 as
the result of a leaking water meter.
Said claim was referred to the City
Attorney's office who has made an in-
vestigation thereof and finds no legal
responsibility or negligence on the part
of the City of Dubuque. Accordingly, it
is the recommendation of the City At-
torney that said claim be denied.
Original claim is returned herewith.
R.N. Russo
City Attorney
Councilman Stackis moved that the
communication be received and filed
and recommendation of denial be ap-
proved. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing, to amend Zoning Ordinance No.
32-75 by repealing subsection 1 of Sec-
tion 4-119.5 of Article IV which
prohibited residential use of property in
the L -I Light Industrial District, pre-
sented and read. No written objections
were filed at the time set for the hearing.
Councilman Stackis moved that the
proof of publication be received and
filed. Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 34-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
401
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI -
TV OF DUBUQUE, IOWA", BY
REPEALING SUBSECTION 1 OF SEC-
TION 4-119.5 OF ARTICLE IV WHICH
PROHIBITED RESIDENTIAL USE OF
PROPERTY IN THE L -I INDUSTRIAL
DISTRICT,
said Ordinance having been previously
presented at the Council Meeting of
July 19, 1976, presented and read.
Councilman Stackis moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis.
Nays — Councilmen Tully,
Wertzberger.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis.
Nays — Councilmen Tully, Wertz-
berger.
ORDINANCE NO. 34-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA" BY
REPEALING SUBSECTION 1 OF SEC-
TION 4-119.5 OF ARTICLE IV WHICH
PROHIBITED RESIDENTIAL USE OF
PROPERTY IN THE LIGHT INDUS-
TRIAL DISTRICT
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" be and the same is hereby
amended by repealing subsection 1 of
Section 4-119.5 of Article IV thereof, as
follows:
"ARTICLE IV -DISTRICT
REGULATIONS
Section 4-119 L-1 Light Industrial
District Regulations
4-119.5 Prohibited Uses
1) Residential use, except for a
watchman or custodian residing on the
premises."
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
402 Special Session, August 16, 1976
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of
August 1976.
Leo F. Frommelt
City Clerk
It 8/20
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis.
Nays — Councilmen Tully,
Wertzberger.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend Zoning Ordinance No.
32-75 by enacting a new Section 5-102.3
of Article V to establish yard setback
requirements in Commercial and Light
Industrial Districts, presented and read.
No written objections were filed at the
time set for the hearing.
Atty. James Reynolds questioned the
side yard requirements in the Ordinance
as a representative of Merwyn Ellis,
who has a shop located on two fronts,
Diamond Street and Central Avenue. He
was of the opinion that Ellis would be
hurt on front yard requirements.
Councilman Stackis moved that the
proof of publication be received and
filed. Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 35-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA" BY EN-
ACTING A NEW SECTION 5-102.3 OF
ARTICLE V TO ESTABLISH YEAR
SET -BACK REQUIREMENTS IN COM-
MERCIAL AND .LIGHT INDUSTRIAL
DISTRICTS,
said Ordinance having been previously
presented at the Council Meeting of
July 19, 1976, presented and read.
Councilman Stackis moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 35-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA" BY ENACT-
ING A NEW SECTION 5-102.3 OF AR-
TICLE V TO ESTABLISH YARD SET-
BACK REQUIREMENTS IN COMMER-
CIAL AND LIGHT INDUSTRIAL
DISTRICTS
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa", be and the same is here by
amended by enacting a new Section
5-102.3 of Article V, as follows:
"ARTICLE V—SUPPLEMENTARY
DISTRICT REGULATIONS
Section 5-102 General Provisions
Section 5-102.3 Yard Setback Re-
quired in Certain Commercial and Light
industrial Districts
Within any Commercial (C) Dis-
trict or Light Industrial District
(LI), any new structure or use of
land hereafter established on a lot
abutting an occupied residential
structure shall be required to pro-
vide a front yard setback equal to
the front year setback of such
abutting residential structure, or
equal to the average setback where
such property is abutted on two
sides by occupied residential
structures; providing further that
such front yard setback shall not
be required to exceed 15 feet unless
so provided by the regulations of
the applicable zoning district. Any
new structure or use of land here-
after established on a lot abutting
an occupied residential structure
shall be required to provide a side
yard or rear yard opposite such
Special Session, August 16, 1976 403
abutting residential structure so
that the distance between struc-
tures shall be not Less than 6 feet."
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of
August 1976.
Leo F. Frommelt
City Clerk
It 8/20
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Lundh, Stackis, Tully,
Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend Zoning Ordinance No.
32-75 by repealing Section 5-106 of Arti-
cle V thereof and enacting a new Sec-
tion 5-106 of Article V in lieu thereof to
provide for Residential Dwellings in
Commercial and Light Industrial Dis-
tricts, presented and read. No written
objections were filed at the time set for
the hearing. Councilman 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.
ORDINANCE NO. 36-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA," BY
REPEALING SECTION 5-106 OF ARTI-
CLE V THEREOF, AND ENACTING A
NEW SECTION 5-106 OF ARTICLE V IN
LIEU THEREOF TO PROVIDE FOR RE-
SIDENTIAL DWELLINGS IN COM-
MERCIAL AND LIGHT INDUSTRIAL
DISTRICTS,
said Ordinance having been previously
presented at the Council Meeting of
July 19, 1976, presented and read.
Councilman Stackis moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays — Councilmen Tully.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays — Councilman Tully.
ORDINANCE NO. 36-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA," BY
REPEALING SECTION 5-106 OF ARTI-
CLE V THEREOF, AND ENACTING A
NEW SECTION 5-106 OF ARTICLE V IN
LIEU THEREOF TO PROVIDE FOR RE-
SIDENTIAL DWELLINGS IN COM-
MERCIAL AND LIGHT INDUSTRIAL
DISTRICTS
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE IOWA:
Section 1. That Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" be and the same is hereby
amended by repealing Section 5-106 of
Article V thereof, and enacting a new
Section 5-106 of Article V in lieu thereof,
as follows:
"ARTICLE V -SUPPLEMENTARY
DISTRICT REGULATIONS
Section 5-106 Residential Dwelling
Permitted in Commercial and Light In-
dustrial Districts
Within any C-1, C-2, C-3, C-4, C-5, or
L -I District residential dwellings shall
be permitted in accordance with ap-
plicable standards of the OR -1 district,
except that not less than one off-street
parking space must be provided for each
dwelling unit. Residential uses in the C-5
district shall be exempted from off-
street parking requirements."
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque Iowa.
Passed, approved and adopted this
404 Special Session, August 16, 1976
16th day of August, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of
August, 1976.
Leo F. Frommelt
City Clerk
It 8/20
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays — Councilman Tully.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend Zoning Ordinance No.
32-75 which amendment shall establish
a Planned Unit Development designa-
tion on property in Highland Farm and
St. Rose Place lying in an R-9 Residen-
tial District, 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 Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
August 12, 1976
Honorable Mayor
and Councilmen
We herewith transmit six copies of
the Preliminary Development Plan for
the petition of Mr. Dale Wernecke
requesting Planned Unit Development
designation on his property on Chaney
Road.
The matter now stands before you at
public hearing for your meeting of
August 16, 1976. At that time, the
Council will be asked to consider apply-
ing the PUD designation to Mr. Wer-
necke's property, now classified in the
R-4 Residential District. You should
understand that such designation is
specific to the enclosed plan, which will
be reviewed in more detail at your pub-
lic hearing.
If there are any further questions
regarding the procedural requirements
for Planned Unit Development designa-
tion, as set forth in the Zoning Ordin-
ance No. 32-75, we would be happy to
respond to them at your meeting.
Daniel Dittemore
City Planner
Councilman Stackis moved that the
communication be received and filed.
Seconded by Mayor Lundh. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 37-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA", WHICH
AMENDMENT SHALL ESTABLISH A
PLANNED UNIT DEVELOPMENT DE-
SIGNATION ON PROPERTY HEREIN-
AFTER DESCRIBED LYING IN AN R-4
RESIDENTIAL DISTRICT IN "HIGH-
LAND FARM" IN THE CITY OF
DUBUQUE, IOWA,
said Ordinance having been previously
presented at the Council Meeting of
July 19, 1976, presented and read.
Councilman Stackis moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO, 37-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA", WHICH
AMENDMENT SHALL ESTABLISH A
PLANNED UNIT DEVELOPMENT DE-
SIGNATION ON PROPERTY HEREIN-
AFTER DESCRIBED LYING IN AN R-4
RESIDENTIAL DISTRICT IN "HIGH-
LAND FARM" IN THE CITY OF
DUBUQUE, IOWA
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" be and the same is hereby
Special Session, August 16, 1976
405
amended by establishing a "Planned
Unit Development" designation on
property in an "R-4 Residential Dis-
trict", which real estate is described, to
wit:
Lot 3 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 2 of Highland Farm; and Lot 2
of Lot 2 of Lot 2 of St. Rose Place all
in the City of Dubuque, Iowa and
containing 4.85. acres more or less.
Section 2. That the "Planned Unit
Development" designation, applied to
the property herein described, is a ten-
tative reclassification and final adop-
tion of the amendment as set forth in
Section 1 of this Ordinance shall be
subject to the requirements of Section
4-110.11.3 of Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" whereby final adoption of the
"Planned Unit Development" designa-
tion is contingent upon submission of a
Final Development Plan, by the
developer, within six (6) months of the
effective date of this Ordinance, and
further, that failure by the developer to
comply with the requirements as set
forth herein, shall automatically revert
the property to its former "R-4 Residen-
tial District" classification.
Section 3. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stachis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of
August, 1976.
Leo F. Frommelt
City Clerk
It8/20
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend Zoning Ordinance No.
32-75 so as to reclassify properties
bounded on the north by E. 14th Street,
on the west by Washington Street, on
the south by E. 13th Street, and on the
east by the alley lying between Elm
Street and the Railroad Track, from 11-1
Heavy Industrial District to L -I Light
Industrial District Classification, pre-
sented and read. No written objections
were filed at the time set for the hearing.
Councilman Stackis moved that the
proof of publication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Brady moved to refer to
Planning & Zoning Commission for
further rezoning study from 12th Street
to 13th Street, Elm Street and alley east
of Elm Street. Seconded by Councilman
Stackis. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 38-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI -
TV OF DUBUQUE, IOWA", SO AS TO
RECLASSIFY HEREINAFTER DE-
SCRIBED PROPERTIES, BOUNDED
ON THE NORTH BV EAST 14TH
STREET, ON THE WEST BY WA-
SHINGTON STREET, ON THE SOUTH
BY EAST 13TH STREET AND ON THE
EAST BY THE ALLEY LYING
BETWEEN ELM STREET AND THE
RAILROAD TRACK, FROM THE H -I
HEAVY INDUSTRIAL DISTRICT TO.
THE L -I LIGHT INDUSTRIAL DISTRICT
CLASSIFICATION,
said Ordinance having been previously
presented at the Council Meeting of
July 19, 1976, presented and read.
Councilman Stackis moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — Councilman Wertzberger.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Tully. Carried by the fol-
lowing vote: Yeas — Mayor Lundh,
Councilmen Brady, Stackis, Tully.
Nays — Councilman Wertzberger.
ORDINANCE NO.38-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
406 Special Session, August 16, 1976
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA", SO AS TO
RECLASSIFY HEREINAFTER DE-
SCRIBED PROPERTIES, BOUNDED
ON THE NORTH BY EAST 14TH
STREET, ON THE WEST BY WA-
SHINGTON STREET, ON THE SOUTH
BV EAST 13TH STREET AND ON THE
EAST BY THE ALLEY LYING
BETWEEN ELM STREET AND THE
RAILROAD TRACK, FROM THE H -I
HEAVY INDUSTRIAL DISTRICT TO
THE L -I LIGHT INDUSTRIAL DISTRICT
CLASSIFICATION.
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA"
Section 1. That Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" be and the same is hereby
amended by changing from "H -I Heavy
Industrial District" classification to "L -I
Light Industrial District" classification
the following described real estate, to
wit:
North '/z Lot 122 East Dubuque Addi-
tion; South 1/2 Lot 122 East Dubuque
Addition; North Ye Lot 123 East
Dubuque Addition; South 1 Lot 123
East Dubuque Addition; North 'f
Lot 124 East Dubuque Addition;
South 1 Lot 124 East Dubuque Ad-
dition; North 20' of Lot 125 East
Dubuque Addition; Lot 1 and Lot 2
of Bradley Washington Street
Place;
Lot 141 East Dubuque Addition; Lot
140 East Dubuque Addition; North
'/z Lot 139 East Dubuque Addition;
South 'h Lot 139 East Dubuque Ad-
dition; North '/ Lot 138 East
Dubuque Addition; South'/ Lot 138
East Dubuque Addition; North 1
Lot 137 East Dubuque Addition;
South '/ Lot 137 East Dubuque
Addition;
Lot 1 of Lot 192 East Dubuque Ad-
dition; Lot 2 of Lot 192 East
Dubuque Addition; North 1/2 of Lot
193 East Dubuque Addition; South
'h of Lot 193 East Dubuque Addi-
tion; North 'F of Lot 194 East
Dubuque Addition; South 1 of Lot
194 East Dubuque Addition; North
'h of Lot 195 East Dubuque Addi-
tion; South y of Lot 195 East
Dubuque Addition; North '/ of Lot
196 East Dubuque Addition; South
1 of Lot 196 East Dubuque Addi-
tion; all in the City of Dubuque,
Iowa.
Section 2. That this amendment has
heretofore been approved by the Plan-
ning and Zoning Commission of the City
of Dubuque, /owa.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of
August, 1976.
Leo F. Frommelt
City Clerk
It8/20
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — Councilman Wertzberger.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing by repealing Section 6-107.3, Section
6-107.4 and Section 6-107.6 of Article VI
thereof and enacting a new Section
6.107.3, Section 6.107.4 and Section
6-107.6 of Article VI in lieu thereof to
repeal the requirement of public hear-
ing and notice to any property owners
other than abutting property owners
and to include the posting of property
on matters subject to the issuance of a
variance, presented and read. No writ-
ten objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Councilman Tully 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.
ORDINANCE NO. 39-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA", BY
REPEALING SECTION 6-107.3, SEC-
TION 6-107.4 AND SECTION 6-107.6
OF ARTICLE VI THEREOF AND EN-
ACTING A NEW SECTION 6-107.3,
SECTION 6-107.4 AND SECTION
6-107.6 OF ARTICLE VI IN LIEU THER-
EOF, TO REPEAL THE REQUIREMENT
OF PUBLIC HEARING AND NOTICE
TO ANY PROPERTY OWNERS OTHER.
Special Session, August 16, 1976
407
THAN ABUTTING PROPERTY
OWNERS AND TO INCLUDE THE
POSTING OF PROPERTY ON MAT-
TERS SUBJECT TO THE ISSUANCE
OF A VARIANCE,
said Ordinance having been previously
presented at the Council Meeting of
July 19, 1976, presented and read.
Councilman Stackis moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 39-76
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32.75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA", BY
REPEALING SECTION 6-107.3, SEC-
TION 6-107.4 AND SECTION 6-107.6
OF ARTICLE VI THEREOF AND EN-
ACTING A NEW SECTION 6-107.3,
SECTION 6-107.4 AND SECTION
6.107.6 OF ARTICLE VI IN LIEU THER-
EOF, TO REPEAL THE REQUIREMENT
OF PUBLIC HEARING AND NOTICE
TO ANY PROPERTY OWNERS OTHER
THAN ABUTTING PROPERTY
OWNERS AND TO INCLUDE THE
POSTING OF PROPERTY ON MAT-
TERS SUBJECT TO THE ISSUANCE
OFA VARIANCE
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA"
Section 1. That Ordinance No. 32-75,
known as "the Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa', be and the same is hereby
amended by repealingSection 6-
107.3
Section 6-107.4 and Section 6-107.6 of
Article VI thereof, and by enacting a
new Section 6-107.3, Section 6-107.4 and
Section 6-107.6 of Article VI in lieu ther-
eof, as follows:
Article VI
Section 6-107.3 Procedure for Con-
sideration of Application for Variance
Following receipt of a completed ap-
plication for a variance, and any
additional information required by
the Board pursuant to Section
6-107.2, the Board shall, with due
diligence, consider such application
at a public meeting. Notice of the
time and place of the meeting shall
be made by the Board by certified
mail notification to all owners of
property abutting the property for
which variance is sought, and that
no less than seven (7) days prior to
the public meeting the subject
property shall be posted with the
prominent placement of a sign not-
ing
obing variance pending and the time
and place of the public meeting.
However, where the notice and
hearing requirements of this Article
are in excess of that required by
State law, such requirements are
intended to be directory only and
not mandatory or jurisdictional and
failure to meet such extra
procedural requirements shall not
invalidate any action subsequently
taken by the Board. At the public
meeting, all interested parties shall
be afforded a reasonable opportun-
ity to appear and express their
views on the application, either in
person or by agent. A record of such
meeting shall be entered into the
minutes of the Board.
Section 6-107.4 Standards for
Granting a Variance
No Variance from the provisions of
this ordinance shall be granted un-
less or until the Board determines
on the basis of specific information
presented at a public meeting or
contained in the application for
such variance that each of the fol-
lowing conditions is present.
6-107.4.1
Literal enforcement of the provi-
sions of this ordinance would inflict
substantial and unnecessary hard-
ship upon the applicant.
6-107.4.2
Such condition of hardship arises
from unique or special characteris-
tics of the property involved, and
was not brought about by the ap-
plicant himself.
6-107.4.3
Literal enforcement of the provi-
sions of this ordinance would de-
prive the applicant of rights com-
monly enjoyed by other properties
in the same district.
6-107.4.4
The variance requested is the
minimum variance that would al-
low a reasonable use of the land or
structure involved.
6-107.4.5
1
408 Special Session,
August 16, 1976
Granting the requested variance
will not confer upon the applicant a
special privilege or right that is
denied by this ordinance to other
land or structures in the same
district.
6-107.4.6
Granting the variance will be in
harmony with the general purpose
and intent of this ordinance and
will not be injurious to the sur-
rounding area or detrimental to the
public welfare.
Section 6-107.6 Decisions and
Records The Board shall render a
written decision on an application
fora variance within sixty (60) days
after the close of the public meet-
ing. The decision of the Board shall
contain specific findings of fact
supporting the granting or denial of
the variance and shall clearly set
forth any conditions or restrictions
imposed pursuant to 6-107.5 of this
Section. The Board shall maintain
complete records of all action with
respect to applications for a
variance."
"Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zon-
ing Commission of the City of
Dubuque, Iowa.
Passed, adopted and approved
this 16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 20th day of
August, 1976.
Leo F. Frommelt
City Clerk ..
It8/20
Councilman Stackis moved final
adoption of the Ordinance. Seconded
by Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
August 13, 1976
To the Honorable Mayor
and City Council
I recommend approval of the Eagle
Foods proposal to construct a pad and
compactor container on Harrison Street
right-of-way, behind their store on
Locust Street.
Harrison Street has a 64 foot right-
of-way with concrete paving 40 feet
wide centered in the right-of-way. The
proposed compactor will sit 7' - 6" on
our property which keeps it behind curb
lines.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 40-76
AN ORDINANCE AUTHORIZING
JACOBSON REALTY COMPANY TO
CONSTRUCT CONCRETE PAD FOR
LOCATION OF COMPACTOR,
presented and read. Councilman Stackis
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
ORDINANCE NO. 40-76
AN ORDINANCE AUTHORIZING
JACOBSON REALTY COMPANY TO
CONSTRUCT CONCRETE PAD FOR
LOCATION OF COMPACTOR.
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA
Section 1. That Jacobson Realty
Company as owners of the premises
known as N. 140' of Lot 4 of Block D
Industria! Sub. in the City of Dubuque,
Iowa be, and they are hereby granted
the revocable permit and authority to
construct and maintain pad and com-
pactor under the terms and conditions
set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by City Manager, under the
supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
Special Session,
August 16, 1976 409
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission herein
granted is expressly conditioned on per-
mittes agreement to:
a) Assume any and all liability for
damages to persons or property which
may result from the existence, loca-
tion, installation, construction or
maintenance of said concrete pad and
compactor;
b) To pay on behalf of the City of
Dubuque all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the city of Dubuque for
damages of any kind resulting from
the location, installation, existence,
construction or maintenance of said
concrete pad and compactor sus-
tained by any person or persons,
caused by accident or otherwise, to
defend at its own expenses and on
behalf of said City any claim against
the City of Dubuque arising out of the
location, installation, existence, con-
struction or maintenance of concrete
pad and compactor and to pay rea-
sonable attorney fees therefor;
c) To indemnify and hold City of
Dubuque free and harmless from any
and all claims, loss liability and ex-
pense for injuries to third persons or
damages to property of third persons,
or for damage to any property of City
of Dubuque which may occur as a
result of or in connection with the
location, installation, construction,
maintenance and repair of the facili-
ty, work or improvement permitted
herein.
Section 4. That the permission herein
granted is expressly conditioned upon
permittees further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their suc-
cessors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said concrete pad and
compactor and in the event of their
failure so to do, the City of Dubuque
shall be authorized to remove said con-
crete pad and compactor, at permittees
expense and dispose of the same, and
the permitees shall have no claim
against the City or its agents for
damages resulting from the removal of
said concrete pad and compactor.
Section 5. Permittees covenant and
agree that the revocable permit herein
granted does not constitute an approval
of the design, erection, location, con-
struction, repair or maintenance of said
facility and said permittee hereby
covenants and agrees not to assert such
claim or defense against the City of
Dubuque in the event of claim asserted
for personal injuries and/or property
damage against the permittee arising
out of or in any way connected with the
location, installation, construction, de-
sign, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights her-
eunder accrue to Jacobson Realty Co.
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted by permit-
tees by acceptance endorsed on this
Ordinance.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully, Jr.
Richard Wertzberger
James E. Brady
Emil Stachis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF ORDINANCE NO.
40.76
The undersigned having read and be-
ing familiar with the terms and condi-
tions of Ordinance No. 40-76 hereby, for
themselves, their successors or assigns,
as owners of the abutting property,
accept the same and agree to be bound
by the conditions and agreements ther-
ein contained to be performed by
permittees.
Dated: August 21, 1976
BY: Jacobson Realty Inc.
President or
Vice -President
or Property Owner
BY: Francis J. O'Connor
Vice President
INDEMNITY AGREEMENT
Lucky Stores, Inc., as Lessee of the
subject property, agrees to indemnify
and hold harmless JACOBSON REAL-
TY COMPANY from a!! loss, damages or
expenses in connection with the obliga-
tion which JACOBSON REALTY COM-
PANY is assuming by virtue of the ex-
ecution of this Ordinance.
LUCKY STORES, INC.
By: Leon W. Roush
Its Vice President
Published officially in the Telegraph
Herald Newspaper this 7th day of Sep-
410 Special Session, August 16, 1976
tember 1976.
Leo F. Frommelt
City Clerk
1t9/ 7
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 296-76
WHEREAS, plat dated June 9, 1976,
prepared by Bartels, LeMay, Haas & Fay
Engineering Company covering a por-
tion of vacated Hickory Street in the
City of Dubuque, Iowa now platted,
described and known as: Lot 1 "A" of
Block 5, "Dubuque Packing Company
Addition" in the City of Dubuque, Iowa
having presented to the City Council of
the City of Dubuque, Iowa, copy of said
plat is hereto attached; and
WHEREAS, said plat conforms to the
Iowa laws and statutes pertaining
thereto;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the plat dated June 9,
1976 prepared by Bartels, LeMay, Haas
& Fay Engineering Company covering a
portion of vacated Hickory Street in the
City of Dubuque, Iowa now platted,
described and known as Lot 1 "A" of
Block 5, "Dubuque Packing Company
Addition" in the City of Dubuque, Iowa
be and the same is hereby approved and
that the Mayor and City Clerk of the
City of Dubuque, Iowa be and they are
hereby authorized and directed to ex-
ecute said plat for and on behalf of the
City of Dubuque, Iowa.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
file said plat and this Resolution in the
office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
AN ORDINANCE vacating Lot 1 "A"
of Block 5, "Dubuque Packing Company
Addition" in the City of Dubuque, Iowa
(Formerly known as Hickory Street),
for sale to Dubuque Packing Company
in the amount of $500., presented and
read. Councilman Stackis moved that
the reading just had be considered the
first reading of the Ordinance. Seconded
by Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
Councilman Stackis moved that a
public hearing be held on the Ordinance
on September 7, 1976, at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the hearing
in the manner required by law. Second-
ed by Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
RESOLUTION NO. 297-76
WHEREAS, plat dated August 6, 1976,
prepared by Bartels, McMahan, LeMay,
Haas and Baule Engineering Company,
covering a vacated portion of Kerper
Boulevard adjacent to Lot 1 of Block 8
and Lot 1 of Lot 2 of Lot 2 of Block 8,
each in "Riverfront Subdivision No. 3"
in the City of Dubuque, Iowa which
portion of Kerper Boulevard is now
platted, described and known as: Lot A,
Block 8 in "River Front Subdivision No.
3" in the City of Dubuque, Iowa having
been presented to the City Council of
the City of Dubuque, Iowa, copy of
which plat is hereto attached; and
WHEREAS, said plat conforms to the
Iowa laws and statutes pertaining
thereto;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the plat dated August
6, 1976 prepared by Bartels, McMahan,
Special Session, Au us
16 1976
LeMay, Haas and Baule Engineering
Company covering a vacated portion of
Kerper Boulevard adjacent to Lot 1 of
Block 8 and Lot 1 of Lot 2 of Lot 2 of
Block 8, each in "Riverfront Subdivision
No. 3" in the City of Dubuque, Iowa now
platted, described and known as: Lot A,
Block 8 in River Front Subdivision No.
3" in the City of Dubuque, Iowa be and
the same is hereby approved and that
the Mayor and City Clerk of the City of
Dubuque, Iowa be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
file said plat and this Resolution in the
office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
AN ORDINANCE vacating Lot A,
Block 8 in "River Front Subdivision No.
3" in the City of Dubuque, Iowa being a
portion of Kerper Boulevard adjacent to
Lot 1 of Block 8 and Lot 1 of Lot 2 of Lot
2 of Block 8, each in said "Riverfront
Subdivision No. 3" in the City of
Dubuque, Iowa, for sale to Dubuque
Packing Company in the amount of
$100., presented and read. Councilman
Stackis moved that the reading just had
be considered the first reading of the
Ordinance. Seconded by Councilman
Tully. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
Councilman Stackis moved that a
public hearing be held on the Ordinance
on September 7, 1976, at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the hearing
in the manner required by law. Second-
ed by Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
RESOLUTION NO. 298-76
WHEREAS, plat dated June 9, 1976,
prepared by Bartels, LeMay, Haas and
Fay Engineering Company covering Lot
300 A in East Dubuque No. 2 (formerly a
part of Maple Street), Lot 300 B in East
Dubuque No. 2 (formerly a part of East
Seventeenth Street) and Lot 300 C in
East Dubuque No. 2, (formerly a part of
East Eighteenth Street) all in the City of
Dubuque, Iowa having been presented
to the City Council of the City of
Dubuque, Iowa, copy of said plat is
hereto attached; and
WHEREAS, said plat conforms to the
laws and statutes pertaining thereto;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the plat dated June 9,
1976 prepared by Bartels, LeMay, Haas
and Fay Engineering Company cover-
ing the real estate hereinabove de-
scribed be and the same is hereby ap-
proved and that the Mayor and City
Clerk of the City of Dubuque, Iowa be
and they are hereby authorized and
directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
file said plat and this Resolution in the
office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
tl
1
•
412 Special Session, August 16, 1976
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
AN ORDINANCE vacating Lot 300 A
in East Dubuque No. 2 (Formerly a part
of Maple Street), Lot 300 B in East
Dubuque No. 2 (formerly a part of East
Seventeenth Street), and Lot 300 C in
East Dubuque No. 2 (Formerly a part of
East Eighteenth Street), all in the City of
Dubuque, Iowa, for sale to Dubuque
Packing Company in the amount of
$750., presented and read.
Councilman Stackis moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilman
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
Councilman Stackis moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
Councilman Stackis moved that a
public hearing be held on the Ordinance
on September 7, 1976, at 7:30 o'clock P,M.
in the Council Chamber at the City Hall
and that the City Clerk be instructed to
publish notice of the hearing in the
manner required by law. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays — None.
Abstain — Councilman Wertzberger.
Petition of Peoples Natural Gas
requesting permission to excavate in
ten year street, Loras Blvd. between Cox
& Belmond, presented and read. Coun-
cilman Wertzberger moved that the
request be approved. Seconded by
Councilman Tully, Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of American Diabetes Assn.
Inc. requesting permission to conduct a
Bike-A-Thon on September 26 from 12
P.M. to 5 P.M., presented and read.
Councilman Tully moved that the
request be granted subject to coordina-
tion of City Manager. Seconded by
Councilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Dubuque Human Rights
Commission requesting Council to ap-
point Mr. Dave Davis as Human Rights
Delegate to Community Development
Commission, due to resignation of Jim
Goetzinger, presented and read. Coun-
cilman Brady moved that the petition be
received and filed and appointment be
approved. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Petition of Mary A. Miller requesting
a refund of $633.75 on unexpired portion
of Beer -Liquor License No. C-5190, ex-
piring April 30, 1977, presented and read.
Councilman Tully moved that the
refund be granted and City Auditor
directed to issue proper warrant.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Proof of Publication, certified to by
the Publisher, of Public Hearing on No-
tice of Pendency of Resolution of
Necessity for the construction of the
City of Dubuque 1976 Asphalt Paving
Project No. 2: English Lane from Mt.
Loretta To Sullivan Street, presented
and read.
Dallas Murphy addressed the Council
objecting to paving of English Lane due
to former objections at a prior hearing.
Tom Goodman spoke as being in
favor of construction.
Councilman Tully moved that the
proof of publication be received and
filed. Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Statement of City Clerk certifying
that notices of hearing were mailed by
certified mail to property owners of
record obligated to pay for cost of con-
structing 1976 Asphalt Paving Project
No. 2: English Lane from Mt. Loretta
to.Sullivan Street, presented and read.
Councilman Tully moved that the sta-
tement be received and filed. Seconded
by Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Special Session, August 16, 1976
413
Communication of Laverne J. Schiltz,
not objecting to the paving of English
Lane, but objecting to the method of
assessment, presented and read. Coun-
cilman Wertzberger moved that the
City Manager be directed to commun-
icate with the objector. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 273-76
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 assessments limits.
2. The streets to be improved.
3. The width of such improvement.
4. Each lot proposed to be assessed
together with a valuation fixed by the
council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kind of material to be
used.
6. In each case the amount thereof
which is estimated to be assessed
against each lot, for the City of
Dubuque 1976 Asphalt Paving Project
No. 2: English Lane from the S.P.L. of
Mt. Loretta to the W.P.L. of Sullivan
Street.
BE IT THEREFORE RESOLVED that
the City Council on its own motion or
upon petition of property owners,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Clerk
objections to the amount of the
proposed assessments, they shall be
deemed to have waived all objections
thereto.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which have
been prepared therefore by the City
Engineer which have been approved by
the City Council and are now on file
with the City Clerk. That the cost and
expense of making said improvement
will be assessed upon and against all
privately owned property lying within
assessable distance provided by law and
in an amount not to exceed the amount
provided by law, property will be as-
sessed whether the same abuts thereon
or is adjacent thereto according to area
and in proportion to the special benefits
conferred thereby, and any deficiency
shall be paid out of the Road Use Tax
Fund. Street Bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a con-
tract 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
assessed to and paid by the railway
company.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 19th day of July,
1976.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 16th day of August,
1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved final adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements
RESOLUTION NO. 299-76
WHEREAS, proposed plans and
specifications and form of contract for
the City of Dubuque 1976 Asphalt Pav-
ing Project No. 2: English Lane from the
S.P.L. of Mt. Loretta Street to the W.P.L.
of Sullivan Street. Have been approved
by the City Council of the City of
Dubuque and public notice given as
provided by Chapter 23 of the Code of
Iowa, pertaining to public contracts and
bonds, and the time and place fixed for
the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 16th day of August, 1976; and
WHEREAS, the City Council met in
special session this 16th day of August,
1976, at 7:30 o'clock P.M, at the Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties and
414 Special Session, August 16, 1976
considering any and all objections
which have been filed to the proposed
plans, specificationsor contract for or
cost of the improvement herein de-
scribed and proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
now, therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all
objections which have been made and
filed to the plans, specifications, con-
tract for or cost of said improvement
herein described and proposed to be
made, be and the same hereby overruled
and such plans, specifications and form
of contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED that
this resolution containing the decision
of this Council upon all objections
which have been filed to the plans,
specifications and form of cost said
improvement be made a matter of per-
manent record in connection with said
improvement.
Passed, adopted and approved this
16th day of August, 1976.
Alvin E. Lundh Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution, Seconded by Council-
man Stackis. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
(Ordering Construction)
RESOLUTION NO. 300-76
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that pursuant
to a resolution of necessity No. 273-76
which was duly passed by this Council,
for the City of Dubuque 1976 Asphalt
Paving Project No. 2: English Lane from...
the S.P.L. of Mt. Loretta Street to the '
W.P.L. of Sullivan Street. Be and the
same are hereby ordered and con-
structed by this Council upon its own
motion and withor 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
Special Session, August 16, 1976 415
the cost and expense of the said im-
provements be paid for by levying
special assessments against the private-
ly owned property lying within the as-
sessable distance from the im-
provements, whether such property
abut upon the same or are adjacent
thereto, according th the area thereof
and in proportion to the special benefits
conferred, and any deficiency will be
paid out of the R.U.T. Funds. Payment
will be made to the contractor out of
funds realized from the sale of bonds to
be issued in anticipation of deferred
payments of assessments as provided by
law after the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED that
the City Clerk be and he is hereby or-
dered and directed to advertise for
proposals for the construction of the
various improvements herein provided
for in the manner provided by law, the
said improvements shall be completed
on or before 30 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
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Stackis. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Communication of Community
Development submitting resolution
authorizing submission of a request for
release of funds for Comiskey Park &
various other public improvements,
presented and read. Councilman Brady
moved that the communication be
received and filed. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 301-76
Authorizing Submission of a Request
for Release of Funds for certain
Community Development Block
Grant Projects
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program
convened an ad hoc committee on July
14, 1976 and completed an Environ-
mental Assessment of the following
identified proposals (projects) with
Community Development Block Grant
funds; and
Comiskey Park Improvements
Various Public Improvements including
tree plantings and street repair and
replacement
WHEREAS, pursuant to Resolution
No. 246-76 adopted July 19, 1976, Public
Notice of a "Finding of no significant
effect on the environment" for the
proposal (project) was published July
20, 1976, in the Dubuque Telegraph He-
rald, a newspaper of general circulation,
and provided for a public comment per-
iod until 12:00 Noon, Monday, August
16, 1976; and
WHEREAS, Public Notice of a "Find-
ing of no siginificant effect on the en-
vironment" for the proposals (projects)
was sent by regular mail to various
Federal, state and local public agencies
and to the local news media, individuals
and groups known to be interested and
believed to be appropriate to receive
such a Public Notice; and
WHEREAS, any and all objections, if
any, to such proposals have been duly
considered; and
WHEREAS, it is the intent of the City
Council to authorize the submission of a
request to the U.S. Department of Ho-
using and Urban Development for
release of funds under the said Act to
carry out the above identified projects;
now therefore
BE IT RESOLVED By the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That the Environmental
Review Record for each of the proposals
(projects) shall continue to remain on
file in the Office of the City Clerk, where
said records may be examined and
copied by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment on the 25th day of August, 1976, a
request for release of funds to undertake
the said Projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a re-
sponsible Federal official under the Na-
tional Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of Hous-
ing and Urban Development's respon-
sibilities for review, decision-making,
and action assumed and carried out by
the City of Dubuque as to environmen-
tat issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute a Certifica-
tion pertaining to the environmental
review procedures.
Section 6. That the City Clerk be and
he is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds and Certification in
the form of Exhibit "A" attached hereto
and made a part hereof.
Passed, approved and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the Environmental
Review Procedures for the Community
Development Block Grant Program, the
City of Dubuque intends to file a request
on August 16, 1976, for Release of Funds
for Certification of the following iden-
tified projects to be undertaken with
funds made available under Title I of the
Housing and Community Development
Act of 1974.
Comiskey Park Improvements
Various Public Improvements including
tree plantings and street repair and
replacement
The City of Dubuque has made an
Environmental Review Record for the
projects, and has placed these records
on file in the Office of the City Clerk in
City Hall, 13th and Iowa Streets,
Dubuque, Iowa, where said records may
be examined and copied between the
hours of 8:00 AM and 5:00 PM, Monday
416 Special Session, August 16, 1976
through Friday until 5:00 PM on the
10th day of September, 1976.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief Ex-
ecutive Officer of the applicant is Mayor
Alvin E. Lundh. The mailing address for
both the applicant and the Chief Exec-
tutive Officer is City Hall, 13th and Iowa
Streets, Dubuque Iowa.
The City of Dubuque will undertake
the projects described above with block
grant funds from the U.S. Department
of Housing and Urban Development
(HUD), under Title 1 of the Housing and
Community Development Act of 1974.
The City of Dubuque is certifying to
HUD that the City of Dubuque and
Alvin E. Lundh, in his official capacity
as Mayor, consent to accept the juris-
diction of the Federal courts if an action
is brought to enforce responsibilities in
relation to environmental reviews,
decision-making, and action; and that
these responsibilities have been satis-
fied, The legal effect of the certification
is that upon its approval, the City of
Dubuque may use the block grant funds
and HUD will have satisfied its respon-
sibilities under the National Environ-
mental Policy Act of 1969, HUD will
accept an objection to its approval of
the release of funds and acceptance of
the certification only if it is on one of the
following bases: (a) That the certifica-
tion was not in fact executed by the
Chief Executive Officer or other officer
of applicant approved by HUD: or (b)
that applicant's environmental review
record for the project indicates omission
of a required decision, finding, or step
applicable to the project in the environ-
mental review process. Objections must
be prepared and submitted in accor-
dance with the required procedure (24
CFR Part 58), and may be addressed to
HUD at Omaha Area Office, 7100 West
Center Road, Omaha, Nebraska 68106.
Objections to the release of funds on
bases other than those stated above will
not be considered by HUD. No objection
received after the 10th day of Sep-
tember, will be considered by HUD.
Leo F. Frommelt
City Clerk
Councilman Brady moved adoption of
the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
August 9, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plat of Lots 1 through 12 of Asbury
Springs Subdivision 3 in the City of
Dubuque, Iowa. The subject property
lies on the westside of Judson Drive
north of its intersection with Hillcrest
Road.
The Commission has found the plat to
be in conformance with the Subdivision
Regulations of the City of Dubuque,
Iowa and recommends your favorable
consideration subject to compliance
with the requirements of the City En-
gineering Department.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
City Planner
Councilman Brady moved that the
communication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 302-76
Resolution Approving the Plat of As-
bury Springs Subdivision No. 3 In
the City of Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as ASBURY SPRINGS
SUBDIVISION NO. 3 IN THE CITY OF
DUBUQUE, IOWA, by David J. Powers
and Paul W. Powers, d/b/a Powers
Land Company, A Partnership; in the
City of Dubuque, Iowa; and
WHEREAS, upon said plat appear
streets to be known as Pasadena Drive
and Martha Court, together with cer-
tain public utility easements which the
Owners by said plat have dedicated to
the public forever; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto, except
that street grades have not been estab-
lished, the streets brought to grade, or
paying, sewer or water installed;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the dedications of
Pasadena Drive and Martha Court,
together with the new easements for
public utilities as the same appear upon
said plat, be and the same are hereby
accepted;
Special Session, August 16, 1976
417
Section 2. That the plat of ASBURY
SPRINGS SUBDIVISION NO. 3 IN THE
CITY OF DUBUQUE, IOWA, be and the
same is hereby approved and the Mayor
and City Clerk are hereby authorized
and directed to endorse the approval of
the City of Dubuque, Iowa, upon said
plat, provided the owners of said
property herein named, execute their
written acceptance hereto attached
agreeing:
a. To reduce all streets to grade and to
construct concrete curb and gutter
and to hard surface with bituminous
concrete, or with concrete paving
with integral curb, all in accordance
with City of Dubuque standard
specification;
b. To install sanitary sewer mains and
sewer service laterals in accordance
with plans submitted with the plat;
c. To install water mains and water
service laterals in accordance with
plans submitted with the plat;
d. To install storm sewers and catch -
basins in accordance with plans sub-
mitted with plat;
e. To install concrete sidewalks as
required by Ordinances, and where
directed by the City Engineer and the
City Manager;
f. To construct all improvements in
compliance with any and all applica-
ble City of Dubuque Specifications
and as approved by the City Engineer;
g. To maintain the foregoing im-
provements for a period of four (4)
years from date of their acceptance by
the City of Dubuque, Iowa;
h. To provide the foregoing construc-
tion and maintenance at the sole ex-
pense of the Suddivider, Powers Land
Company, A Partnership, as owners;
i. To construct said improvements, ex-
cept sidewalks, prior to August 1,
1978, and to construct the sidewalks
prior to August 1, 1980;
j. To install in accordance with City
Specification, boulevard street light-
ing within thirty (30) days after the
completion of the adjacent curb and
gutter within any particular section of
the proposed subdivision;
and further provided that said Powers
Land Company, A Partnership, as
owners of said Subdivision, secure the
performance of the foregoing condi-
tions by providing security in such form
and with such sureties as may be ac-
ceptable to the City Manager.
Section 3. That in the event David J.
Powers and Paul W. Powers, d/b/a
Powers Land Company, A Partnership,
shall fail to execute the acceptance and
furnish the security provided for in Sec-
tion 2 hereof within 45 days after the
date of this Resolution, the provisions
hereof shall be null and void and the
acceptance of the dedication and ap-
proval of the plat shall not be effective.
Passed, adopted and approved by
unanimous recorded roll call this 16th
day of August, A.D., 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Thomas A. Tully Jr.
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION NO.
302-76
We, the undersigned David J. Powers
and Paul W. Powers having read the
terms and conditions of the foregoing
Resolution No.302-76 and being familiar
with the conditions thereof, hereby ac-
cept the same and agree to perform the
conditions required therein.
Dated at Dubuque, Iowa, this 16th
day of August, 1976.
(sign.) David J. Powers(sign.) Paul W.
Powers
To:
Leo F. Frommelt
City Clerk
This is to certify that the security
provided by the foregoing RESOLU-
TION NO. 302-76 has been furnished by
the owners.
Dated at Dubuque, Iowa, this 1st Day
of September, 1976.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved adoption of
the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 303-76
Resolution approving Financial
Reports of the City of Dubuque,
Iowa, Fire and Police Retirement
Systems for the Fiscal Year ended
June 30, 1976.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the Financial reports
of the Board of Trustees of the City of
Dubuque Fire Pension Fund and the
Fire Retirement System also of the
Police Pension and Retirement System
418 Special Session,
August 16, 1976
for the year ended June 30, 1976, having
been submitted to the City Council of
Dubuque Iowa, be and the same is her-
eby approved.
Section 2. That a true copy of such
Financial report is hereby ordered
transmitted to the Commissioner of
Insurance of the State of Iowa, within
five (5) days of adoption of this
resolution.
Passed, adopted and approved this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
aodption of the resolution. Seconded by
Councilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 304-76
Resolution approving contracts for
Furnishing and Erecting Im-
provements and Extensions to the
Municipal Waterworks.
WHEREAS pursuant to notice and
hearing, bids were received on June 29,
1976, by the City of Dubuque, Iowa, for
furnishing and erecting improvements
and extensions to the municipal water-
works plant and system in said City as
called for in plans and specifications
theretofore filed with the City Clerk on
May 10, 1976; and
WHEREAS this Council has here-
tofore determined that the Bid of J.P.
Cullen & Construction Corporation of
Janesville, Wisconsin, in the amount of
$3,765,322,00, for Item 1 (Water Treat-
ment Plant Expansion) is for the best
interests of the City of Dubuque, Iowa,
and the bid of J.P. Cullen & Son Con-
struction Corporation of Janesville,
Wisconsin, in the amount of
$2,032,737.00 for Item 2 (Water Plant
Solids Handling Facilities with Vacuum
Filters) is for the best interests of the
City of Dubuque, Iowa, and awards
have heretofore been made to said con-
tractors for the construction of said
improvements and extensions; and
WHEREAS contracts in the form
provided in said plans and specifica-
tions have been executed by said con-
tractors, which said contracts have
been signed by the Mayor and attested
by the City Clerk on behalf of the City
of Dubuque, Iowa, and satisfactory
performance bonds have been filed by
said contractors;
NOW, THEREFORE, BE IT AND IT
1S HEREBY RESOLVED by the City
Council of the City of Dubuque, Iowa,
as follows:
Section 1. That the contract between
the City of Dubuque, Iowa, and J.P.
Cullen & Son Construction Corpora-
tion in the amount of $3,765,322.00,
dated August 16, 1976, for Item 1 (Water
Treatment Plant Expansion) of the im-
provements and extensions to the mun-
icipal water works of said City as
provided for in the plans and specifica-
tions referred to in the preamble hereof,
and the performance bond filed in con-
nection therewith are hereby approved.
Section 2. That the contract between
the City of Dubuque, Iowa, and J.P.
Cullen & Son Construction Corp., in the
amount of $2,032,737.00, dated August
16, 1976, for Item 2 (Water Plant Solids
Handling Facilities with Vacuum
Filters) of the improvements and ex-
tensions to the municipal waterworks
of said City as provided for in the plans
and specifications referred to in the
preamble hereof, and the performance
bond filed in connection therewith are
hereby approved.
Section 3. That all resolutions and
orders or parts thereof in conflict
herewith be and the same are hereby
repealed.
Passed and approved August 16, 1976.
Alvin E. Lundh
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
Recorded August 16, 1976.
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Stackis. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 305-76
Resolution to Authorize the Execution
of an Escrow Agreement to
provide for the payment of
$105,000 Water Revenue Bonds.
1962 Series, of the City of
Dubuque, Iowa.
WHEREAS the City of Dubuque,
Iowa, heretofore issued its Water
Revenue Bonds, 1962 Series, in the
principal amount of $400,000, dated Oc-
tober 1, 1962, of which bonds in the
Special Session, August 16, 1976
419
amount of $105,000 are presently out-
standing, numbered 296 to 400, inclu-
sive, of the denomination of $1000 each,
bearing interest at the rate of Two and
eighty-five hundredths percent (2.85%)
per annum and maturing on December
1, 1976; and
WHEREAS accumulated revenues of
the municipal waterworks plant and
system are now on hand in an amount
sufficient to pay the principal of said
bonds and the interest which will
become due thereon on December 1,
1976, and in order to make it possible for
said City to pay the cost of additional
improvements and extensions which
must now be constructed to maintain
and operate the plant and system in an
efficient manner, it is necessary and
advisable that said accumulated reven-
ues be set aside in a special trust fund
account pledged solely and only and to
constitute a sinking fund for the full
payment of said bonds and interest; and
WHEREAS it is contemplated that
the foregoing funds, aggregating
$106,496.25, will be deposited in escrow
with the American Trust & Savings
Bank in the City of Dubuque, Iowa, and
applied to the payment and retirement
of said outstanding Water Revenue
Bonds, 1962 Series, on December 1,
1976;
NOW, THEREFORE, BE IT AND IT
IS HEREBY RESOLVED by the City
Council of the City of Dubuque, Iowa,
as follows:
Section 1. That the Mayor, City Clerk
and City Treasurer be and they are
hereby authorized and directed to
deposit accumulated revenues of the
municipal waterworks plant and system
of the City of Dubuque, Iowa, in the
amount of $106,496.25 in a special
escrow account with the American
Trust & Savings Bank, Dubuque, Iowa,
with instructions to invest the same in
United States Government securities
maturing on an appropriate date so that
the proceeds thereof will be available to
the City Treasurer to pay accrued in-
terest on and the $105,000 principal of
said outstanding Water Revenue Bonds,
1962 series, which mature on December
1, 1976.
Section 2. That the form of escrow
agreement hereto attached as Exhibit A
be and the same is hereby approved and
the Mayor, City Clerk and City Trea-
surer are hereby authorized to execute
the same for and on behalf of the City of
Dubuque, Iowa.
Section 3. That as and when the
proceeds of the investment of said funds
are made available to the City Treasurer
under the terms of said escrow
agreement, the City Treasurer shall, and
he is hereby directed to, apply the same
to the payment of the principal of and
accrued interest on said Water Revenue
Bonds, 1962 Series, which mature on
December 1, 1976, as referred to in Sec-
tion 1 hereof and in said escrow
agreement.
Section 4. That all orders or resolu-
tions or parts thereof in conflict
herewith be and the same are hereby
repealed.
Passed and approved August 16, 1976.
Alvin E. Lundh
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
Recorded August 16, 1976.
Leo F. Frommelt
City Clerk
August 16, 1976
American Trust & Savings Bank
Dubuque, Iowa
Gentlemen:
1. There is deposited with you
herewith for the account of the City of
Dubuque, Iowa, accumulated net
revenues of the municipal waterworks
plant and system of said City in the
amount of $106,496.25 which sum is to
be retained by you and deposited in a
special trust account to be used solely
and only for the purpose of paying the
principal of and interest on the follow-
ing described bonds of the City of
Dubuque Iowa:
$105,000 Water Revenue Bonds, 1962
Series, dated October 1, 1962, num-
bered 296 to 400, inclusive, of the
denomination of $1000 each, bear-
ing semiannual interest at the rate
of Two and eighty-five hundredths
percent (2.85%) per annum, and
maturing on December 1, 1976.
2. The following amounts will be due
and owing for the account of interest
and principal on said Water Revenue
Bonds, 1962 Series, as indicated below:
Date Amt. For
December 1, 1976 $1,496.25 Interest
December 1, 1976 105,000 Principal
3. You are authorized and directed to
purchase from the funds on deposit in
the aforesaid trust account direct ob-
ligations issued by the United States of
America having maturity or face values
equal to the amount required to pay the
foregoing sums on said date and matur-
ing immediately prior to the above
mentioned date. As and when the Unit-
ed States Government securities ma-
ture, you are authorized to cash the
tli
7I
J
420 Special Session, August 16, 1976
same and deposit the proceeds thereof
in a special trust account to be made
available to the City Treasurer of the
City of Dubuque Iowa, for the sole and
only purpose of paying the principal of
and interest on the above described
bonds. It is agreed that upon such funds
being made available to the City Trea-
surer of the City of Dubuque, Iowa, the
bank shall assume no further respon-
sibility for the proper application of the
proceeds of said United States Govern-
ment securities. Any interest which may
be received by you as Trustee on the
foregoing obligations of the United
States of America is to be remitted to
the City Treasurer of the city of
Dubuque, Iowa, as and when received
by you.
4. You and the City of Dubuque, Iowa,
recognize that the holders from time to
time of the above described bonds and
of the Water Revenue Bonds, 1976 Se-
ries, of said City which are being cur-
rently issued by the City to pay the cost
of necessary improvements and exten-
sions to the municipal waterworks plant
and system of said City have a beneficial
and vested interest in the obligations of
the United States to be purchased and
held by you as herein provided and in
the provisions of this agreement. You
and the City further recognize that the
Water Revenue Bonds, 1976 Series, of
said City will have been delivered to and
accepted by the holders thereof in
reliance upon the irrevocable character
of this agreement. It is, therefore, reci-
ted, understood and agreed that this
agreement shall not be subject to
revocation or amendment until its
provisions shall have been fully carried
out.
5. Your fees and costs for and in car-
rying out the provisions of this
agreement have been fixed at $100.00
which amount is to be paid to you at or
prior to the time of the issuance of the
Water Revenue Bonds, 1976 Series, her-
einbefore referred to, and is not to be a
charge on or payable from the funds
deposited with you hereunder or the
proceeds of any principal or interest
collected by you on the government
obligations purchased by you pursuant
to the terms of this agreement.
6. You shall hold all funds deposited
with you hereunder and all obligations
purchased with such funds pursuant to
this agreement, including all money
received by you from the collection of
principal of and interest on such obliga-
tions, in a special fund and separate
trust account wholly segregated from
all other funds and securities deposited
with you, and you shall never commin-
gle such securities or money with other
money or securities.
Your undertaking to hold, invest and
disburse the funds deposited herewith in
the manner above described will be
evidenced by your endorsement hereon
to that effect, executed on your behalf
by an authorized officer.
CITY OF DUBUQUE, IOWA
Alvin E. Lundh
Mayor
Gerald Hird
City Treasurer
ATTEST:
Leo F. Frommelt
City Clerk
Receipt of the above sum in the fore-
going escrow and the undertaking of
the American Trust & Savings Bank to
hold the same, invest the same and
retain and disburse the proceeds there-
of, as hereinbefore stated, is hereby
acknowledged.
American Trust & Savings
Bank
Leo J. Meier
Sr. Vice -Pres.
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Stackis. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
August 11, 1976
To the Honorable Mayor
and City Council
The enclosed agreement provides for
participation by the Iowa Department
of Transportation in the construction of
a left turn lane and signal modification
to the intersection of Highway 20 and
Wacker Drive.
With the opening of the Ramada Inn
at this location, and the increased traffic
making the left turn onto Mercer Street,
we have experienced a severe increase
in traffic accidents.
We propose to install a separate left
turn lane and will provide a protected
left turn movement to alleviate the left
turn accident problem.
The project is estimated at $14,600,
with the State's share being a maximum
of $6,500.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Special Session, August 16, 1976 421
Brady, Stackis, Tully, Wertzberger.
Nays — None.
RESOLUTION NO. 306-76
Resolution Authorizing execution of
an Agreement between the City of
Dubuque, Iowa and the Iowa
Department of Transportation
relating to the installation of a left
turn lane and signal modification
at US 20 and Wacker Drive.
BE IT RESOLVED, that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute
agreement number 76-U-072 with the
Iowa Department of Transportation for
the installation of a left turn lane and
traffic signal modifications at the inter-
section of US 20 and Wacker Drive.
Passed, approved, and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
James E. Brady
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays — None.
Councilman Brady left the Council
Chambers at 9:15 P.M.
August 11, 1976
To the Honorable Mayor
and City Council
Due to construction delays and
bonding requirements, the opening of
the new Dubuque Metropolitan Area
Solid Waste Agency landfill has been
moved to August 23, 1976. We have been
operating the City Island facility on a
temporary permit issued by the Depart-
ment of Environmental Quality. This
temporary permit was to cover the in-
terim period until the new site would
become available on July 1, 1976.
Since the new site is still not available,
DEQ is requiring the issuance of an
amended temporary permit to operate
the City Island site until August 23,
1976. We have been given verbal ap-
proval for operating the facility during
this interim period.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilmen Brady.
RESOLUTION NO. 307-76
Resolution authorizing the signing of
an amended temporary permit
from the Iowa Department of En-
vironmental Quality for the Opera-
tion of the City Island Landfill.
BE IT RESOLVED, that the Mayor be
and he is hereby authorized and direc-
ted to execute amended temporary per-
mit number D1-31 with the Department
of Environmental Quality for the con-
tinued operation of the City Island
Landfill to August 23, 1976.
Passed, approved, and adopted this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady.
RESOLUTION NO. 308-76
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Ciga-
rettes and Cigarette Papers within said
City.
Gene Kopp, 951 Main Street
Herbert F. Bisping, 1401 Elm Street
Clark Oil and Refining Corp, 1005
Dodge Street
Sandra J. Kress, 1400 Central Avenue
Passed, adopted and approved this
16th day of August 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council -
SII
I'J
lyl
422 Special Session, August 16, 1976
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady.
RESOLUTION NO. 309-76
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 "8" BEER PERMIT
Securities Building Corporation, Long
John Silver's, 1500 John F. Kennedy
Road
CLASS "C" BEER PERMIT
The Great Atlantic & Pacific Tea Co.,
Inc., 3333 Asbury Road
Dubuque Packing Company, 16th and
Sycamore Street
Passed, adopted and approved this
16th day of August 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the Resolution. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady.
RESOLUTION NO. 310-76
WHEREAS, applications for Beer
Permits were filed by the within named
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the Ordin-
ances of this City and they have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Securities Building Corporation Long
John Silver's, 1500 John F. Kennedy
Road
CLASS "C" BEER PERMIT
The Great Atlantic and Pacific Tea Co.,
Inc., 3333 Asbury Road
Dubuque Packing Company, 16th and
Sycamore Streets
Passed, adopted and approved this
16th day of August 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Brady.
RESOLUTION NO. 311-76
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the following
applications be approved and licenses
issued upon the compliance with the
provisions of Chapter 131, Acts of the
First Regular Session, 64th General
Assembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
John F, Glynn, 760 East 16th Street
James R. Bainbridge, 1375 Locust Street
American Veterans WW 11 Koren -Viet-
nam, 36 West 4th Street
Melvin A. Spiegelhalter (Sunday Sales),
1029'% Main Street
Passed, adopted and approved this
16th day of August 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Special Session, August 16, 1976 423
Absent — Councilman Brady.
RESOLUTION NO. 312-76
WHEREAS, applications for Liquor
Licenses were filed by the within named
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the State
Law and all City Ordinances relevant
thereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
John F. Glynn, 760 East 16th Street
James R. Bainbridge, 1375 Locust Street
American Veterans WWII Korean -
Vietnam, 36 West 4th Street
Melvin A. Spiegelhalter (Sunday Sales),
10291/2 Main Street
Passed, adopted and approved this
16th day of August, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady
Councilman Tully moved that the
Planning & Zoning Commission be
requested to draft an Ordinance dealing
with development of new Industrial
Zones. Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady.
At 9:25 P.M. Mayor Lundh moved to
go into Executive Session to discuss
appointments to various Boards and
Commissions. Seconded by Councilman
Tully. Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady.
Council Reconvened in Regular Ses-
sion at 9:42 P.M.
Mayor Lundh announced the follow-
ing appointments: To the newly formed
Dubuque Municipal Government Task
Force - Wm. Wood, M.J. Tully, Wm. J.
Lux, Richard Clark, and John L. White;
Reappointed to the Housing Commis-
sion for term expiring 8-17-78- Charlotte
Kelly, Douglas Pearce and Wm. Wat-
ters. Councilman Stackis moved ra-
tification of the appointments. Second-
ed by Councilman Tully. Carried by the
following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady.
Councilman Tully moved Plan 1 - City
Manager be requested to explore
proposals to subsidize employees
released by Caradco, who are employed
by other Dubuque employers, as soon as
possible and Plan 2 - Dubuque Task
Force of Industrial coordinating Rebate
Plan -Rebating part of cost of land pur-
chased by Industries based on number
of employees they hire. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilmen Brady
There being no further business,
Councilman Wertzberger moved to ad-
journ. Seconded by Councilman Tully.
Carried by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully, Wertzberger.
Nays — None.
Absent — Councilman Brady.
Leo F. Frommelt
City Clerk
Approved 19—
Adopted 19—
Councilmen
ATTEST
City Clerk
424 Special Session, August 20, 1976
CITY COUNCIL
OFFICIAL
Special Session, August 20, 1976.
Council met at 3:45 P.M. (C.D.T.)
Present — Mayor Lundh, Council-
men Stackis, Tully. City Manager Gil-
bert D. Chavenelle.
Absent — Councilmen Brady,
Wertzberger.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this Meeting is called for the pur-
pose of AMENDING A RESOLUTION
ENTITLED "A RESOLUTION AUTH-
ORIZING AND PROVIDING FOR THE
ISSUANCE AND SECURING THE
PAYMENT OF $5,700,000 WATER
REVENUE BONDS, 1976 SERIES, OF
THE CITY OF DUBUQUE, IOWA,
UNDER THE PROVISIONS OF SEC-
TION 384.80 ET SEQ. OF THE CODE
OF IOWA, FOR THE PURPOSE OF
DEFRAYING THE COST OF IM-
PROVEMENTS AND EXTENSIONS
TO THE MUNICIPAL WATERWORKS
PLANT AND SYSTEM IN AND FOR
SAID CITY AND PROVIDING FOR THE
COLLECTION SEGREGATION AND
DISTRIBUTION OF THE REVENUES
OF SUCH PLANT AND SYSTEM", and
acting upon such other business as may
properly come before a Regular Meeting
of the Council.
RESOLUTION NO. 313-76
A Resolution amending a resolution
entitled "A Resolution authorizing
and providing for the Issuance and
securing the payment of
55,700,000 Water Revenue
Bonds, 1976 Series, of the City of
Dubuque, Iowa, under the provi-
sions of Sections 384.80 et seq. of
the Code of Iowa, for the purpose
of defraying the cost of im-
provements and extensions to the
municipal waterworks plant and
system In and for said City and
providing for the collection, se-
gregation and distribution of the
revenues of such plant and
system."
WHEREAS it is necessary and advi-
sable that the municipal waterworks
plant and system of -the City of
Dubuque, Iowa, be improved and ex-
tended through the expansion of the
water treatment plant and the con-
struction of water plant solids handling
facilities; and
WHEREAS the estimated cost of said
improvements and extensions is
$5,898,059 and it is necessary that said
City issue its revenue bonds to pay the
cost, to the amount of $5,700,000, of said
improvements and extensions; and
WHEREAS notice of the intention of
this City Council to take action for the
issuance of $5,700,000 Water Revenue
Bonds, 1976 Series, of said City was
published on July 9, 1976, in the "Tele-
graph Herald" and a public hearing on
the issuance of said bonds was held on
July 19, 1976; and
WHEREAS no oral or written objec-
tions of any kind were filed or made at
said public hearing and on July 19, 1976,
this City Council adopted Resolution
No. 275-76, entitled "A Resolution
authorizing and providing for the is-
suance and securing the payment of
$5,700,000 Water Revenue Bonds, 1976
Series, of the City of Dubuque, Iowa,
under the provisions of Sections 384.80
et seq. of the Code of Iowa, for the
purpose of defraying the cost of im-
provements and extensions to the
municipal waterworks plant and system
in and for said City and providing for
the collection, segregation and dis-
tribution of the revenues of such plant
and system"; and
WHEREAS on August 5, 1976, said
bonds were sold at public sale to John
Nuveen & Co. Incorporated upon terms
of par and accrued interest plus a
premium of $171.00, with the bonds
maturing in the years 1977 and 1990 to
1993, inclusive, bearing interest at the
rate of Five and seventy -hundredths per
cent (5.70%) per annum, the bonds ma-
turing in the years 1978 to 1988, inclu-
sive, bearing interest at the rate of Six
and one-half per cent (6-1/2%) per an-
num, the bonds maturing in the year
1989 bearing interest at the rate of Five
and ninety -hundredths per cent (5.90%)
per annum, and the bonds maturing in
the years 1994 to 1996, inclusive, bear-
ing interest at the rate of Five per cent
(5%) per annun; and
WHEREAS the purchaser of the
bonds and the City have agreed that the
alternate paying agent for the bonds
shall be The Northern Trust Company,
in the City of Chicago, Illinois, and it is
necessary and advisable that the re-
solution hereinbefore referred to be
amended to conform the details of this
bond issue to the terms of sale;
NOW, THEREFORE, BE IT AND IT
IS HEREBY RESOLVED by the City
Council of the City of Dubuque, Iowa,
as follows:
Section 1. That Section 1 of the re-
solution referred to in the preamble
hereof be and the same is hereby
amended to read as follows:
Special Session,
August 20, 1976 425
"Section 1. That for the purpose of
defraying the cost of improvements and
extensions to the municipal water-
works plant and system of said City, as
referred to in the preamble hereof, there
be and there are hereby authorized to
be issued one thousand one hundred
forty (1140) negotiable interest bearing
revenue bonds of said City of Dubuque,
in the principal amount of $5,700,000,
each of which shall be known and de-
signated as a "Water Revenue Bond,
1976 Series", bearing date of July 1,
1976, numbered from 1 to 1140, inclu-
sive, of the denomination of $5000 each.
The bonds of said issue shall bear in-
terest from the date thereof at the rates
hereinafter specified, all of such interest
being payable January 1, 1977, and
semiannually thereafter on the first
days of July and January of each year
until the principal thereof is paid. Said
bonds shall mature in numerical order
on July 1 of each of the respective years
and shall bear interest at the rates as
follows:
Year Amt. Bond Rate of
Nos. Interest
1977 $100,000 1- 20 5.70%
1978 200,000 21- 60 61/2%
1979 200,000 61- 100 61/2%
1980 200,000 101- 140 61/2%
1981 200,000 141- 180 6'/z%
1982 200,000 181- 220 61/2%
1983 200,000 221- 260 61/2%
1984 250,000 261- 310 61/2%
1985 250,000 311- 360 61/2%
1986 250,000 361- 410 61/2%
1987 300,000 411- 470 61/2%
1988 300,000 471- 530 61/2%
1989 300,000 531- 590 5.90%
1990 350,000 591- 660 5.70%
1991 350,000 661- 730 5.70%
1992 400,000 731- 810 5.70%
1993 400,000 811- 890 5.70%
1994 400,000 891- 970 5%
1995 400,000 971-1050 5%
1996 450,000 1051-1140 5%
provided, however, that bonds num-
bered 661 to 1140, inclusive, shall be
redeemable by said City prior to ma-
turity in whole, or from time to time in
part in inverse order of maturity (less
than all of one maturity to be selected
by lot), on any interest payment date on
or after July 1, 1990, upon terms of par
and accrued interest plus a premium of
three per cent (3%) of the principal
amount of any of such bonds called for
redemption. In the event any of said
bonds are called for redemption prior to
maturity as aforesaid notice of such
redemption, identifying the bond or
bonds to be redeemed, shall be pub-
lished at least once not less than thirty
(30) days prior to the redemption date
in a financial newspaper or journal
published in the City of New York. All
of such bonds as may be thus called for
redemption and for the payment of
which, upon the terms aforesaid, funds
are duly provided shall cease to bear
interest from and after the date as of
which they are called for redemption.
Both Principal and interest of said
bonds shall be payable in lawful money
of the United States of America at the
office of the City Treasurer in and of the
City of Dubuque, Iowa, or, at the option
of the holder, at The Northern Trust
Company in the City of Chicago, Illi-
nois. All of said bonds and the interest
thereon, together with any additional
bonds as may be hereafter issued and
outstanding from time to time ranking
on a parity therewith under the condi-
tions hereinafter set forth governing
the issuance of such additional parity
bonds, shall be payable soley from the
"Water Revenue Bond Sinking Fund",
hereinafter created, and shall be a valid
claim of the holder thereof only against
said fund, and none of said bonds shall
be a general obligation of said City nor
payable in any manner by taxation, but
the bonds herein authorized to be is-
sued, together with any additional
bonds as may be hereafter issued rank-
ing on a parity therewith, shall be
payable, both as to principal and inter-
est, solely and only from the future net
revenues of said municipal waterworks
plant and system pledged therefor as
hereinafter provided."
Section 2. That Section 3 of the re-
solution referred to in the preamble
hereof be and the same is hereby
amended to read as follows:
"Section 3. That said bonds and
coupons shall be in substantially the
following form:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE
WATER REVENUE BOND,
1976 SERIES
Number $5000
KNOW ALL MEN BY THESE PRE-
SENTS: That the City of Dubuque, in
the County of Dubuque, and State of
Iowa, for value received promises to
pay to bearer, or if this bond be regis-
tered as to principal as hereinafter
provided then to the registered holder
hereof, in the manner hereinafter
specified, the sum of Five Thousand
Dollars ($5000) on the first day of July,
ip.
426 Special Session, August 20, 1976
19 .... ., and to pay interest on said sum
from the date hereof at the rate of
percent ( %) per annum,
payable January 1, 1977, and semian-
nually thereafter on the first days of
July and January in each year until said
principal sum is paid, except as the
provisions hereinafter set forth with
respect to redemption prior to maturity
may be and become applicable hereto,
all such interest as may accrue on and
prior to the maturity of this bond to be
paid only upon presentation and sur-
render of the interest coupons hereto
attached as they severally become due;
both principal and interest being pay-
able in lawful money of the United
States of America at the office of the
City Treasurer in and of the City of
Dubuque, Iowa, or, at the option of the
holder hereof, at the Northern Trust
Company, in the City of Chicago,
Illinois.
This bond and the series of which it is
a part are issued by said City pursuant
to and in strict compliance with the
provisions of Sections 384.80 et seq. of
Chapter 384 of the Code of Iowa, 1975,
and all other laws amendatory thereof
and supplemental thereto, and in con-
formity with a resolution of the City
Council of said City duly passed on the
19th day of July, 1976, as amended. For
a more complete statement of the basis
upon which this revenue bond has been
issued and additional revenue bonds
ranking on a parity therewith may be
issued and outstanding, a description of
the source ofa menof al
p y [ I such
revenue bonds, and a statement of the
rights, duties and obligations of the City
of Dubuque and the rights of the
holders of the revenue bonds, reference
is made to said resolution.
This bond is one of a series of bonds
of like tenor and date (except interest
rate and maturity), numbered from 1 to
1140, inclusive, issued for the purpose of
defraying the cost of improving and
extending the municipal waterworks
plant andsystem in and for said City.
This bond and the series of which it
forms a part, together with any addi-
tional bonds as may be hereafter issued
and outstanding from time to time
ranking on a parity therewith under the
restrictions and conditions set forth in
the resolution authorizing said series as
referred to in the preceding paragraph,
are payable solely and only out of the
future net revenues of said municipal
waterworks plant and system, a suf-
ficient portion of which has been or-
dered set aside and pledged for that
purpose. This bond is not a general
obligation of said City nor payable in
any manner by taxation or from other
funds. Said City covenants it will fix
such rates for the services furnished by
said plant and system and will collect
and account for income and revenues
therefrom sufficient to promptly pay
the principal of and interest on this
bond and the series of which it is a part
and any additional bonds as may from
time to time be outstanding ranking on
a parity therewith as the same will
become due, and to create and maintain
a reasonable reserve therefor.
The City of Dubuque reserves the
right to call and redeem bonds of this
issue numbered 661 to 1140, inclusive,
prior to maturity in whole, or from time
to time in part in inverse order of ma-
turity (less than all of one maturity to
be selected by lot) on any interest
payment date on or after July 1, 1990,
upon terms of pay and accrued interest
plus a premium of three per cent (3%) of
the principal amount thereof. In the
event any of said bonds are called for
redemption prior to maturity as afore-
said, notice of such redemption, iden-
tifying the bond or bonds to be
redeemed, will be published at least
once not less than thirty (30) days prior
to the redemption date in a financial
newspaper or journal published in the
City of New York, Such of said bonds as
may be thus called for redemption and
for the payment of which, upon the
terms aforesaid, funds are duly provid-
ed shall cease to bear interest from and
after the date as of which they are
called for redemption.
This bond is fully negotiable but may
be registered as to principal only in the
name of the holder on the books of said
City in the office of the City Treasurer,
such registration being noted hereon by
the City Treasurer, and after such
registration no transfer shall be valid
unless made on said books and similarly
noted on the bond, but it may be dis-
charged from such registration by being
transferred to bearer, after which it
shall be transferable by delivery, but it
may be again registered as before. The
registration of this bond as to principal
shall not restrain the negotiability of
the coupons by delivery merely.
And it is hereby Certified, Recited
and Declared that all acts, conditions
and things required to exist, happen and
be performed precedent to and in the
issuance of this bond and the series of
which it is a part, have existed, have
happened and have been performed in
due time, form and manner as required
by law, and that the issuance of this
Special Session, August 20, 1976
427
bond does not exceed or violate any
constitutional or statutory limitation or
provision.
IN TESTIMONY WHEREOF, said
City of Dubuque, by its City Council,
has caused this bond to be signed by its
Mayor and attested by its City Clerk,
with the seal of said City affixed, and
the coupons hereto attached to be ex-
ecuted with the facsimile signature of
said City Clerk, which official by the
execution of this bond does adopt as
and for his own proper signature his
facsimile signature appearing on said
coupons, this first day of July, 1976.
Mayor
ATTEST:
City Clerk
(Form of Coupon)
No. $
The Treasurer of the City of Dubuque,
Iowa, will pay to bearer out of the future
revenues of its municipal waterworks
plant and system Dollars
($ ) on 19 at the office
of the City Treasurer, Dubuque, Iowa,
or, at the option of the holder hereof at
The Northern Trust Company, in the
City of Chicago, Illinois, as provided in
and for interest then due on the Water
Revenue Bond, 1976 Series, of said City,
dated July 1, 1976, No.
City Clerk
The issuance of the bonds herein
authorized shall be duly recorded in the
office of the City Treasurer of the City of
Dubuque and, as required by Section
384.83 of the Code of Iowa, 1975, as
amended, a certificate of such recording
shall be printed on the back of each
bond in the following form:
The issuance of this bond has been
duly and properly recorded in my office
as of the first day of July, 1976.
Treasurer of the City
of Dubuque, Iowa'
(Form for registration to be printed
on the back of each bond)
Date of In Whose Sig. of
Reair NamtHeg1s r:ity Trgas.
Section 3. That the resolution
referred to in the preamble hereof, as
amended hereby, be and the same is
hereby ratified and confirmed in all
respects and that all action heretofore
taken in connection with the sale and
award of the bonds therein authorized is
hereby ratified and confirmed in all
respects.
Section 4. That all resolutions or
orders or parts thereof in conflict
herewith be and the same are hereby
repealed to the extent of such conflict.
Passed and approved August 20, 1976.
Alvin E. Lundh
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
Recorded August 20, 1976.
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully.
Nays — None.
Absent — Councilmen Brady,
Wertzberger.
There being no further business,
Councilmen Tully moved to adjourn.
Seconded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Lundh, Councilmen
Stackis, Tully.
Nays — None.
Absent — Councilmen Brady,
Wertzberger.
Leo F. Frommelt
City Clerk
Approved 19—
Adopted 19—
Councilmen
ATTEST:
City Clerk