1976 September Council Proceedings
428
Special Session, September 3, 1976
CITY COUNCIL
OFFICIAL
Special Session, September 3, 1976.
Council met at 4:15 P.M. (C.D.T.)
Present - Mayor Lundh, Council-
men Brady, Stackls, Tully, Wsrtz-
berger. City Manager Gilbert P.
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 AMENDING RESOLUTION NO.
238-76 AUTHORIZING AND APPROV-
ING A PETITION TO THE CITY
DEVELOPMENT BOARD OF IOWA
FOR ANNEXATION OF CERTAIN TER-
RITORIES TO THE CITY and acting
upon such other business as may
properly come before a regular meeting
of the Council.
September 3, 1976
Honorable Mayor
and Councilmen
We have enclosed a proposed Re-
solution to amend your Annexation
Petition.
That original petition was received by
the City Development Board on August
9, 1976, and was approved subject to
fulfillment of certain conditions. One of
the conditions asked for confirmation of
joint maintenance agreements on road-
ways that would be partially included
within the annexation.
We have discussed this situation with
the County Engineer and it is his opin-
ion that such proposed joint mainten-
ance conditions are contrary to state
law. We share the view that conditions
of roadway jurisdiction and mainten-
ance responsibilities, implied by our
original petition, would be potentially
cumbersome. In order that tbis matter
be resolved to tbe satisfaction of the
City Development Board, we are
proposing that your original petition be
amended to include certain roadway
rigbts-of-way as are shown on tbe ex-
hibits accompanying the attached
Resolution.
The proposed Resolution also in-
cludes a correction by way of deieting
one platted lot now known to be within
tbe City of Asbury.
We recommend your favorable con-
sideratIon of the Resolution.
Daniel Dittemore
City Planner
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, S1ackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 314.76
A Resolution amending Resolution
No. 238-76, known ss the "Annex-
ation Petition of the City of
Dubuque, Iowa", so as to request
that certain hereinafter delineated
road rights-ol-way shall be made a
part 01 the Territory Included with
in the Annexation Petition, and
making other corrections to such
Petillon
WHEREAS, the City Council of the
City of Dubuque, Iowa has made a pe-
tition to the City Development Board of
Iowa for annexation of certain territor-
ies within Dubuque County, Iowa; and
WHEREAS, the City Development
Board of Iowa has requested a clar-
ification of the jurisdictional status of
certain public roadways abutting the
territory to be annexed: and
WHEREAS, it bas been found that
inclusion of such roadways within the
territory to be annexed will most satis-
factorily resolve the jurisdictional sta-
tus of sucb roadways;
NOW, THEREFORE BE IT RE-
SOLVED by tbe City Council of the
City of Dubuque, Iowa:
Section 1. That the City Develop-
ment Board of Iowa be and it is hereby
petitioned to include within the terri-
tory to be considered for annexation,
pursuant to Resolution No. 238-76, cer-
tain public roadways as shown upon
Exhibit A, Parts I and 2, hereto
attached.
Section 2. That the territory
proposed for annexation, pursuant to
Resolution No. 238-76, be amended so
as to delete property described as Lot I
of Kloser Place in Section 20, T89N, R2E
of the 5th Principal Meridian, as such
property appears upon the public
record as a part of the incorporated City
of Asbury, Iowa.
Passed, approved and adopted this
3rd day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Special Session, September 3, 1976
Brady, S1ackis, Tully, Wertzberger. I
Nays-None.
Councilman Wertzberger moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded hy Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, S1ackis, Tully, Wertzberger.
Nays - None.
Dan Dittemore, City Planner, and Mr.
Lynch of City Development Board, ad-
dresssd the Council relative to change in
Annexation Map and Mayor was served
notice of hearing on proposed
annexation.
At 4:29 P.M. Mayor Lundb 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
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Council reconvened in Regular Ses-
sionat4:55P.M.
Mayor Lundh announced tbe follow.
ing appointments:
Frank Noonan to Municipal Govern-
ment Reorganization Task Force: Ri-
chard Friedman, as City Representative,
to tbe Development Board; and Wayne
Norman, Jackie Merritt, Wm. Wood-
ward, Mike Reilly, Dave Bonnett, Randy
Nigg, and Alvin Lundh & James Brady
(representing Council), to the Civic
Center Committee to get Civic Center
under construction. Councilman
Wertzberger moved ratification of the
appointments. Seconded by Mayor
Lundh,. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzherger.
Nays-None.
Councilman Wertzberger moved tbat
Council Meetings be set for the 1st & 3rd
Mondays of each month and after by
Mayor discretion. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, S1ackis, Tully, Wertzberger.
Nays- None.
There being no further business,
Councilman Stackis moved to adjourn.
Seconded by Councilman Tully. Carried
by tbe following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Leo F. Frommelt
City Clerk
Approved ........."..
Adopted......
.......................
..........".
.................,..
Councilmen
ATTEST ..........,...............
City Clerk
429
430
Regular Session, September 6, 1976
CITY COUNCIL
OFFICIAL
Regular Session, September 6, 1976.
No Members 01 the Council being
present, the meeting was adjourned
subject to call.
Leo F. Frommelt
City Clerk
Approved
Adopted ..............
....... 1976
.... 1976
.."..............'"
.................
19-
...............
19-
..".............
..................,
Counoilmen
ATTEST ................
City Clerk
Regular Session, September 7, 1976
431
432
Regular Session, September 7,1976
CITY COUNCIL
Adjourned Regular Session, Sep-
tel)1ber7,1976.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Lundh, Council-
men Brady, Stackis, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent - Councilman Tully.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this meeting is called as AN AD-
JOURNED REGULAR MEETING OF
SEPTEMBER 6, 1976, for the purpose of
acting upon such business as may
properly come before the Meeting.
Proclamations proclaiming Sep-
tember 8, 1976 as "National Cancer
Day", Week of September 12 thru 18,
1976 as "Dubuque Symphony Orchestra
Week", and Week of October 10 thru 16,
1976 as "Children With Learning Di-
sabilities Week", were approved and
signed hy Mayor Lundh.
Communication of John Edmonds, as
Eagle Scout, submitting a map of the
Catfish Creek area showing various
points of pollution, presented and read.
Councilman Brady moved that the
communication be received and filed
and referred to the Engineering Depart-
ment. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Duhuque Transit
Trustee Board submitting minutes of
their meeting of August 10, 1976, pre.
sented and read. Councilman Stackis
moved that the minutes be received and
filed. Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady,Stackis, Wertzberger.
Nays -None.
Absent - Councilman Tully.
Communication of Planning & Zon-
ing Commission submitting minutes of
their meetings of August 18 and Sep-
tember I, 1976, presented and read.
Councilman Stackis moved that the
minutes be received and filed. Seconded
by Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackls, Wertzberger.
Nays - None,
Absent - Councilman Tully.
Communication of Dock Commission
submitting minutes of their meetings of
August 5 and August 11,1976, presented
and read. Councilman Stackis moved
that the minutes be received and filed.
Seconded by Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Communication of Airport Commis-
sion submitting minutes of tbeir meet-
ing of August 12, 1976, presented and
read. Councilman Stackis moved that
the minutes be received and filed.
Seconded by Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Playground &
Recreation Commission submitting
minutes of their meeting of August 16,
1976, presented and read. Councilman
Stackis moved that the minutes he
received and filed. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Housing Commis-
sion submitting minutes of their meet-
ing of August 17, 1976, presented and
read. Councilman Stackis moved that
the minutes be received and filed.
Seconded by Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Communication of Dubuque Citizens
Advisory Commission submitting min-
utes of their meeting of August 24, 1976,
presented and read. Councilman Stackis
moved that the minutes be received and
filed. Seconded by Mayor Lundh. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communicaition of Iowa Department
of Environmental Quality acknowledg-
ing receipt of Standard Specifications
for Sanitary Sewer Construction in the
City as requested by them, presented
and read. Councilman Stackis moved
that the communication be received and
filed. Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Communications of Iowa Depart-
ment of Environmental O.uality issuing
Construction Permit No. 76-442-W for
Water Main Extension in Arbor Oaks,
Block 6, and Construction Permit No.
76-632-S for Sanitary Sewer Extension
of West 32nd Street,presented and read.
Councilman Stackis moved that the
communications be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Building Commis-
sioner Feyen submitting copy of min-
utes of Board of Zoning Adjustment of
meeting of August 19, 1976 indicating
decision on two conditional use permits
which is now a requirement under Zon-
ing Ordinance No. 32-75, Section
6-106.6, 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, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Park Board
requesting that David J. Willoughby has
requested to be excused as a member of
the Community Development Commis-
sion because of conflicting meeting
dates and further requesting that
Thomas G. Schrup be appointed as a
replacement, presented and read.
Councilman Brady moved that the
communication he received and filed
and appointment be approved. Second-
ed by Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of East Central In-
tergovernmental Ass'n. advising receipt
of Annexation Petition of the City from
the Iowa City Development Board and
have initiated an A-95 Review of the
proposal, presented and read. Council-
man Stackis moved that the commun-
ication be received anq filed. Seconded
by Councilman Brady:'Carried by the
following vote: '
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Commnnication of Community
Development Commission submitting
names for membersbip on the Commis-
sion, presented and read. Councilman
Wertzberger moved that the commun-
ication be received and filed and
referred to Council. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Citizens Advisory
Commission advising of the resignation
of Charles A. Hilgert and recommending
that Mr. Hilgert be replaced by Mr.
Diech, presented and read. Councilman
Wertzberger moved that the commun.
ication be received and filed and
referred to Council. Seconded by Mayor
Lundb. VOTE ON THE MOTION WAS
AS FOLLOWS:
Yeas - Mayor Lundh, Councilman
Wertzberger.
Nays - Councilmen Brady, Stackis.
Absent - Councilman Tully.
Proof of Publication, certified to by
the Publisher, of General Revenue
Sharing, Actual Use Report, as of June
30, 1976, presented and read. Council.
man Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
September I, 1976
To the Honorable Mayor
and Members of the
City Council
The following policies have been ap-
proved for filing and we wish to have
your approval of same.
GENERAL LIABILITY POLICY
Louis Buechel, Policy ICC 977729 U.s.
Fidelity & Guaranty Co., from August
25, 1976 to August 25,1977
SIDEWALK CONSTRUCTION BOND
Hartmann Construction Co., Bond No.
29451 Midwestern Casualty & Surety
Co., from August 21, 1976 to August
21,1977.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed
and filing be approved. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Proof of Publication, certified to by
the Publisher, of Public Notice advising
public a file a request for release of
funds under Title I of the Housing and
Regular Session, September 7, 1976
Community Development Act, present-
ed and read. Councilman Stackis moved
that the proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by tbe following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
August 27,1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has received four
(4) petitions for reclassification of
property as follows:
I) The Commission will hold a public
hearing at their meeting of Sep-
tember 15, 1976 on the petition of Mr.
William Heitzman to reclassify Lot I
of 3 and Lot I of 4 in John P. Mettel
Subdivision No.2 from R.5 Residen.
tial District to OR-l Office Residential
District classification. The property is
located on the north side of Asbury
Road in the 3400 block and it is the
intent of the applicant to construct an
office building on the property if tbe
zoning classification is granted. See
map attachment No. I
2) Tbe Commission will review the
request of Mr. Steve Bisenius at their
meeting of September 15, 1976, to
reclassify 15 lots in AP. Woods Addi-
tion from R-2 Residential District to
R-3 Residential District to permit the
applicant to construct multiple-unit
structures on the property which is
located nortb of Kirkwood at its in-
tersection with Blake Street. See map
attachment No.2
3) At their meeting of September 15,
1976 the Commission will review the
petition H.R-W Associates to reclas-
sify property lying south and west of
the southwest corner of the intersec-
tion of Hillcrest Road and John F.
Kennedy Road from C-3 Arterial Bu-
siness Commercial District to C-6
Planned Commercial District clas-
sification to permit the owner to
develop a shopping center on the
property. See map No.3
4) The Commission will review the
request of Mr. Don Staley at its meet-
ing of September 15, 1976 for expan-
sion of an existing C-2 Commercial
District to include two lots now zoned
R-5 Residential District classification
to permit construction of a profes.
sional office-building. Tbe subject
property fronts on the south side of
Asbury Road in the 3400 block and
extends soutb to Dana Drive. See map
attacbment No.4
The four petitioners have met the ap-
plication and zoning fee requirements of
the City of Dubuque Zoning Ordinance
No. 32-75.
CiTY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
City Planner
Mayor Lundh moved that tbe com-
munication be received and filed.
Seconded by Councilman Wertzberger.
Carried by tbe following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
September I, 1976
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has beld a public
hearing on the petition of Mr. William
Giese for restoration of commercial or
industrial zoning classification to his
property known as Lot 49 of Glendale
Addidition in the City of Dubuque,
Iowa. This property is a single lot locat-
ed at the southeast corner of the inter-
section of 30th and Elm Streets, and bad
been classified in the heavy industrial
district in the predecessor Zoning Or-
dinance No. 3-34.
Many of the nearby residential
property owners were present at the
public hearing to express their opposi.
tion to the proposed reclassification to
the C-I Neighborhood Commerciai Dis-
trict. There was extensive discussion of
the conditions on the property between
the Commission, property owner, and
near-by residents.
The Commission has determined that
the continued use of the property is pro'
tected by the legal non-conforming use
status of that lot, and that future plans
for converting that property to a park-
ing lot may be implemented through
Conditional Use provisions of the R-3
Residential District. In tbis regard, the
Commission bas found that the rigbts to
reasonahle use of the property are sus-
tained in the present zoning classifica-
tion and that a conversion to tbe C-I
District or other Commercial or Indus-
trial Districts would diminish tbe pro-
tection afforded to adjoining residential
properties. Therefore, the recommen'
dation of the Planning and Zoning
Commission is to retain Lot 49 in
Glendale Addition in its present R-3
Residential zoning classification. We
request tbat you approve this
433
434
Regular Session, September 7, 1976
recommendation.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
City Planner
Councilman Stackis moved that the
communication be received and filed
and recommendation be approved.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Coordinator
Harry Neustadt requesting permission
for the Jean Marie Cardinal Canoe
Committee to address the Council and
to present gifts received by the can-
oeists, presented and read.
Councilman Brady moved to suspend
the rules to let anyone present address
the Council if they so desire. Seconded
by Councilman Wertzherger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
C. Rohert Justmann, Kerin Molden.
hauer, Jody Reilly and Rex Wellman,
members of the Canoeists' Committee
spoke to the Council on the Jean Marie
Cardinal canoe trip from Duhuque to St.
Louis: Left Dubuque July 24 and arrived
at St. Louis, Missouri on August 7th.
Also stated Mississippi Valley has a
heritage that dates back to Civil War
and requested that canoe participants
be put in the record.
Councilman Brady moved that the
communication of Harry Neustadt be
received and filed. Seconded by Coun.
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
August 31, 1976
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Septemher 1,1976
Honorahle Mayor
and City Council
Some weeks ago you considered the
petition of Mr. WilliamL.Meyersforthe
city to make the necessary arran-
gements to increase the water pressure
at his residence. A suggestion was made
hy Mr. Hail that the pressure could be
increased in the area by adjusting the
water distribution system for an es.
timated $8,000 cost. The matter was
again referred to the city manager for
further investigation.
After again investigating the matter,
it is my recommendation that we do not
increase the water pressure and that Mr.
Meyers' petition be denied. I am enclos-
ing a letter from Mr. Joe Hail which
describes the investigation and suh-
stantiates my recommendation.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication be referred to the
City Solicitor for an opinion. Seconded
by Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Notices of Expiration of Right of
Redemption and taking Tax Deed on
Lot I of Sub. of Lots 48 and 49 in Bel-
levue Addn., Lot 72 E. Langworthy
Addn., of Part of M.L. 320: Lot 56 and N.
48' of Lot 57 in A. Stine's Sub. ofM.L.471
and 472; and Lot 2 of I and Lot 2 of2 of
Cusbings Addn., presented and read.
Councilman Stackis moved that the
Notices be received and filed and
referred to the City Solicitor. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Septemher 3, 1976
Honorable Mayor
and City Council
I herewith submit the reports of the
City Treasurer, Finance Director,
Health Department, Water Superinten-
dent, as well as a list of claims paid, for
the month of July,1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Honorable Mayor
and City Council
It is requested that Leo Frommelt be
autborized to sign city papers for the
city manager during my ahsence, Sep-
tember 23 - 30, 1976. The papers will
largely consist of authorized purchase
orders and payment of vouchers.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
Regular Session, September 7, 1976
435
436
communication be received and filed
and request be approved. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
September 2, 1976
To the Honorable Mayor
and City Council
In response to your directive to seek
an alternate alignment for the Cooper
Street steps, we offer the following
narrative.
We began with the premise of a con-
crete sidewalk which would run
diagonally across the properties being
donated by Mrs. Gilmore. The beginning
point of such an alignment would be
indentical to that previously proposed,
however, approximately one-half the
distance down the hill we would angle in
a northeasterly direction, following the
existing contours of the hillside wher-
ever possible. The termination point
would be the northeast corner of the
property, where a set of stairs would
connect to the present sidewalk along
5th Street.
We have prepared a detailed estimate
of the construction cost for such an
alignment based upon the actual bids
received on the previous section. We
estimate that the following work would
be required:
1,243 square feet of 4" sidewalk $ 4,039
l47steps ......... ...... 8,085
577feetofhandrail .......... 8,078
6 street lights.. .. .. .. . 5,260
Total $25,462
It should be realized that this cost is
exclusive of any future park develop-
ment and landscaping costs abutting
the sidewalk.
The previous alignment provided for
the concrete sidewalk and stairs to be
constructed totally on property now
owned by the City, at a cost of $11,471.
Under that proposal expenditures for a
more rustic pathway through the park
and surrounding landscaping would be
required at a later date.
Gilbert D. Chavenelle
City Manager
Mayor Lundh moved that the com-
munication he received and filed and
referred to Councilman Brady for study.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Conncilman Tully.
Septemher I, 1976
To the Honorable Mayor
and City Council
I am enclosing a letter from the
Landscape Architectural Department of
Iowa State University. The Landscape
Architectural Department of the
University is making a proposal for
conducting a study and making recom-
mendations for evaluating and manag-
ing the bluff areas in the City of
Dubuque.
The program would be conducted in
the fall of 1976. The City would be re-
sponsiblefo¡ reimbursing the Universi.
ty for travel and living expenses. The
estimated cost to the City for the pro-
gram would be about $1000.
You will note in the proposal that the
University is suggesting a pilot study be
conducted in a selected area or areas of
the City. Enclosed also is a letter from
Daniel Dittemore in which be makes
reference to the Gruen Plan in which tbe
subject of conservation of the bluffs of
Dubuque was recommended. Also, you
will note in Mr. Dittemore's letter that
when the new zoning ordinance was
adopted, consideration was given to a
conservation overlay district to be in-
corporated Into the zoning ordinance at
a future time.
Plans for the development of Cooper
Place are being submitted to the Council
in a separate communication for this
meeting. From all indications, the cost
for the development of cooper Place for
exceeds the amount of money budgeted
for the project in FY 76. As an alternate,
consideration may be given to the en-
gagement of the Landscape Architec-
tural Department of Iowa State Univer-
sity for a pilot study in this general
region. Possibly, as a result ofthe study,
a more definitive and clear-cut program
would be available for consideration in
the development of the park.
I would request your approval to en-
gage the services of the Landscape Ar-
chitectural Department of Iowa State
University for this pilot study and would
also request your authorization to com-
mit $1,000 from the General Fund to
reimburse Iowa State. An amendment
to the FY 78 budget would be submitted
to you at a later date.
Gilbert D. Chavenelle
City Manager
Mayor Lundh moved that the com.
munication be received and filed and
study for $1000. be approved. Seconded
by Councilman Wertzberger. Carried hy
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of R. Dean Rampson
of 1158-60 University Avenue, objecting
to the general nuisances in existence in
the area as the result of operation of
Gomer's Tavern, presented and read.
Mrs. Ray Rampson addressed the
Council relative to the communication
objecting to noise pollution, foul lan-
guage and inahility to sleep before 1:30
A.M.
Councilman Wertzberger moved that
the communication be received and
filed and meeting be set for September 9,
1976 at 6:00 P.M. in the Council
Chamber with the Council and residents
of the area. Seconded by Mayor Lundh.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Communication of Airport Commis-
sionadvising of the expiration of term of
office of Stacey Murdock on Septemher
14th and requesting his re-appointment,
presented and read. Councilman Stackis
moved that the communication be
received and filed and referred to
Council. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Notice of personal injury claim of
Velma H. Wild, in the amount of $45.65,
for injuries received in a fall in a loose
graveled crosswalk at University & Air
Hill on August 9, 1976, presented and
read. Councilman Stackis moved that
the Notice of Claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Notice of personal property claim of
Nancy A. Jochum, in the amount of
$12.00, as the result of a fall in loose
gravel on sidewalk on W. 8th Street Hill
on August 19, 1976, presented and read.
Councilman Stackis moved that the
Notice of Claim be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Regular Session, September 7, 1976
Absent - Councilman Tully.
Notice of Claim of General Casualty
Co. requesting reimbursement of car
damage claim, in the amount of $70.50,
exercising subrogation rights, in behalf
of Bernard Middendorf as the result of
paint damage by city employees while
car was parked on 7th Street across
from Washington Park, presented and
read. Councilman Stackis móved that
the Notice of Claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Notice of Cross Claim by Paula Kay
Haas and Margaret L. Schueller,
demand of Cross Defendants, City of
Dubuque and Leonard Link as an em-
ployee, for equitable contribution
toward any judgment which may be
entered in favor of Plaintiff David G.
Swan as the. result of an auto collision..
presented and read. Councilman Stackis
moved that the Notice of Claim be
referred to the City Solicitor for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol.
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Notice from State Automobile & Ca-
sualty Underwriters placing City on
notice as to an accident involving Miss
Malena Kay Moser, who was struck by a
vehicle at S. Grandview Ave. on July 7,
1976, wbile alighting from a bus driven
by a member of the Recreation Depart-
ment, presented and read. Councilman
Stackis moved that the Notice be
referred to the City Solicitor for inves.
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried hy the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Notice of Claim of Richard M.
Beecher, of Waterloo, Iowa, in the
amount of $310.32 for car damages in-
curred as the result of driving over a
bent road sign at the corner of frontage
road and Devon Drive on August 28,
1976, presented and read. Councilman
Stackis moved that the Notice of Claim
be referred to the City Solicitor for
investigation und report. Seconded by
Councilman Wertzberger. Carried by
Regular Session, September 7, 1976
438
Regular Session, September 7,1976
437
he is hereby authorized and directed to
record a certified copy of this Resolu-
tion in the office oftbe Dubuque County
Recorder.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Councilmen
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays - None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
RESOLUTION NO. 315-76
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published in tbe City of Dubuque,
Iowa, on August 19, 1976, the City
Council of the City of Dubuque, Iowa
met on the 7th day of September, 1976,
at 7:30 o'clock P.M. (Central Daylight
Time) in the City Council Cbambers,
City Hall, Dubuque, Iowa, to consider
proposal to dispose of interest of tbe
City of Dubuque, Iowa in real estate,
hereinafter described, to Dubuque
Packing Company: and
WHEREAS, City Council of City of
Dubuque, Iowa overruled any and all
ohjections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in tbe hereinafter de-
scribed real estate to Dubuque Packing
Company:
NOW THEREFORE BE IT RE-
SOLVED by tbeCity Council of the City
of Dubuque, Iowa:
Section 1. That the disposal of inter.
est of City of Dubuque, Iowa in the
following described real estate, to-wit:
Lot A, Block 8 in River Front Sub-
division No.3 in the City of
Dubuque, Iowa,
to DUBUQUE PACKING COMPANY
be and the same is hereby approved for
the total purchase price of $100.00 and
payment of costs of publication, and
other good and valuable consideration
subject to the following terms and
conditions:
I. That the sale price of said real estate
shall be One Hundred ($100.00) Dol-
lars, that the buyer shall pay the pub.
licatlon costs, that no ahstract of title
shall be furnished and conveyance
shall be by Quit Claim Deed.
2. That the City of Dubuque, Iowa
retains a perpetual easement for the
existing waterlines, existing sanitary
sewer and storm sewer lines and for
utilities, togetber with right of ingress
and egress to repair, inspect and
maintain the same.
described real estate be vacated subject
to the conditions and provisions herein-
after set forth and that disposal thereof
to Dubuque Packing Company be
approved;
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1, That the vacation of 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 I 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 be and the same is her-
ebyapproved.
Section 2, That the disposal of inter-
est of the City of Dubuque, Iowa in and
to said Lot A, Block 8 in "River Front
Subdivision No.3" in the City of
Dubuque, Iowa, as shown on plat dated
August 6, 1976, a copy of which is hereto
attached and made a part hereof, be
disposed of to the Dubuque Packing
Company subject to and on the fol-
lowing conditions:
1. That the sale price of said real
estate shall be One Hundred
($100.00) Dollars, that the buyer
shall pay the publication costs, that
no abstract of title shall be fur-
nished and conveyance shall be by
Quit Claim Deed.
2. That the City of Dubuque,
Iowa retains a perpetual easement
for existing 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.
be and the same is hereby approved.
Section 3. That the City Clerk be and
he is hereby ordered and directed to
publish notice as is by law required.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Councilmen
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Proof of Publication, certified to hy
the Publisher, of Notice of Vacation and
Sale of Lot A Block 8 in River Front Sub.
No.3 to Duhuque Packing Company,
presented and read. No written objec-
tions were filed and no oral objectors
were present in the Council Chamber at
the time set for the hearing. Councilman
Stackis moved that the proof of pub-
lication be received and filed. Seconded
by Mayor Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays - None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
ORDINANCE NO. 41-76
AN ORDINANCE VACATING LOT A,
BLOCK 8 IN "RIVER FRONT SUBDIVI-
SION 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 OFLOT2 OF BLOCK 8, EACH IN
SAID "RIVERFRONT SUBDIVISION
NO.3" IN THE CITY OF DUBUQUE,
IOWA,
said Ordinance having been previously
presented and read at the Council
Meeting of August 16, 1976, presented
for final adoption.
ORDINANCE NO. 41-76
AN ORDINANCE VACATING LOT A,
BLOCK 8 IN "RIVER FRONT SUBDIVI-
SION 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
WHEREAS, Lot A, Block 8 in "River
Front Subdivision No.3" in the City of
Dubuque, Iowo being a portion of
Kerper Boulevard adjacent to Lot 1 of
Block 8 and Lot I of Lot 2 of Lot 2 of
Block 8, each in said "Riverfront Sub-
division No.3" is no longer needed for
street purposes, and Dubuque Packing
Company has petitioned for the acqui-
sition of said lot; and
WHEREAS, Planning and Zoning
Commission of the City of Dubuque,
Iowa has approved the vacation of said
described real estate; and
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it in the
best public interest that said above
ATTEST
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundb. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
. Nays - None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
Proof of Publication certified to by the
Publisher, of Notice of Vacation and
Sale of Lot "A" of Block 5 Dubuqne
Packing Company Addn., (Formerly
known as Hickory Street), to Dubuque
Packing Company, 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.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays - None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
ORDINANCE NO. 42-76
AN ORDINANCE VACATING LOT 1
"A" OF BLOCK 5, "DUBUQUE PACK-
ING COMPANY ADDITION" IN THE
CITY OF DUBUQUE, IOWA (FORMER-
L Y KNOWN AS HICKORY STREET),
said Ordinance baving been previously
presented and read at the Council
Meeting of August 16, 1976, presented
for final adoption.
ORDINANCE NO. 42-76
AN ORDINANCE VACATING LOT 1
"A" OF BLOCK 5, "DUBUQUE PACK-
ING COMPANY ADDITION" IN THE
CITY OF DUBUQUE, IOWA (FORMER-
LY KNOWN AS HICKORY STREET)
WHEREAS, Lot I "A" of Block 5,
"Dubuque Packing Company Addition"
in the City of Dubuque, Iowa, (formerly
Hickory Street) is no longer needed for
Street purposes, and Dubuque Packing
Company has petitioned for the acqui-
sition of said Lot, and;
WHEREAS, Planning and Zoning
Commission, City of Dubuque, Iowa,
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegroph
Herald Newspaper this 13th day of Sep-
tember, 1976.
Leo F. Frommelt
City Clerk
119/13
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Section 2. That the City Clerk be and
he is hereby directed and authorized to
deliver deed of conveyance conveying
the above described real estate to
Dubuque Packing Company upon
receipt of the purchase price in full.
Section 3. That the City Clerk be and
Regular Session, September 7,1976
439
440
Regular Session, September 7, 1976
has approved the vacation of said de-
scribed real estate, and;
WHEREAS, the City Council, City of
Dubuque, Iowa deems it in the best
public interest, that said above de-
scribed real estate be vacated subject to
the conditions and provisions herein-
after set forth and that disposal thereof
to Dubuque Packing Company be
approved.
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. That the vacation of Lot I
"A" of Block 5, "Dubuque Packing
Company Addition" in the City of
Dubuque Iowa, be and the same is her-
ebyapproved.
Section 2. That the disposal of inter-
est of the City of Dubuque, Iowa, in and
to said Lot 1 "A" of Block 5, "Dubuque
Packing Company Addition" in the City
of Dubuque, Iowa be disposed of to
Dubuque Packing Company subject to
and on the following conditions he and
the same is hereby approved:
1. City of Dubuque, Iowa retains a..y
and all easements for utilities in
and to said street, together with the
right of ingress and egress for the
purpose of repair and mainten-
ance of said utilities, including, but
not limited to, water, storm sewer
and sanitary sewer. 2. The above
described reai estate is within the
affected area of the proposed
Freeway and in the event that the
City of Dubuque, Iowa, constructs
said Freeway the Dubuque Packing
Company shall grant to the City of
Dubuque, Iowa, the necessary
rights and interest in and to said
property for the purpose of erection
and construction of said Freeway.
Grantee understands, and does
herewith so acknowledge, that part
of the conveyed premises may be
needed by Grantor at sometime in
the future for the erection and con-
struction and maintenance of a
Freeway and to that end Grantor
reserves the absolute right, in the
exercise of sound engineering prin-
ciples, to iocate on such needed part
of the conveyed premises such
Freeway, and in the event that such
Freeway shall be constructed above
ground level, then in such event,
Grantor shall have the absolute
right to locate on the part of the
conveyed premises such piers or
columns as shall be necessary to
support such Freeway, and Grantor
shall not be required to compensate
Grantee in any way by reason of the
locations of such Freeway or piers or
columns supporting same. Grantee
covenants and agrees that upon
written notice from Grantor, it will
promptly remove any im-
provements made by Grantee upon
the conveyed premises that would
obstruct or impede or interfere with
the location of such Freeway or
piers or columns supporting same.
The Grantor shall have, and does
hereby reserve, and Grantee does
hereby grant, a perpetual right,
easement and right of entry to
Grantor for the purposes of instal-
lation, maintenance and repair of
same. 3. Premises herein conveyed
are subject to existing easements
for storm sewer, sanitary sewer and
easement for utilities, including,
but not limited to, water, which
Grantee agrees and covenants not
to interfere with or encroach upon.
4. That the sale price shall be in the
sum of Five Hundred ($500.00) that
the buyer shall pay publication
costs and that no abstract of title
shall be furnished and conveyance
shall be by Quit Claim Deed.
Section 3. That the City Clerk be and
he is hereby ordered and directed to
publish notice as is by law required.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
James E. Brady
EmiiStackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 13th day of Sep-
tember, 1976.
Leo F. Frommelt
City Clerk
119/13
Councilman Stackis moved final
adoption of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays - None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
RESOLUTION NO. 316-76
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published in the City of Dubuque,
Iowa, on August 19, 1976, the City
Council of the City of Dubuque, Iowa
met on tbe 7th day of September, 1976,
at 7:30 o'clock P.M. (Central Daylight
Time) in the City Council Chambers,
City Hall, Dubuque, Iowa, to consider
proposal to dispose of intBrest of the
City of Dubuque, Iowa in real estate,
hereinafter described to Duhuque
Packing Company; and
WHEREAS, City Council of City of
Dubuque, Iowa overruled any and all
objections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the hereinafter de-
scribed real estate to Dubuque Packing
Company:
NOW THEREFORE BE IT RE-
SOLVED by the City Council oftheCity
of Dubuque, Iowa:
Section 1. That the disposal of inter-
est of City of Dubuque, Iowa in the
following described real estate, to wit:
Lot I "A" of Block 5 "Dubuque
Packing Company Addition" in the
City of Dubuque, Iowa, (formerly
known as Hickory Street)
TO DUBUQUE PACKING COMPANY
be and the same is hereby approved for
the total purchase price of $500.00 and
payment of costs of puhlication, and
other good and valuable consideration
subject to the following terms and
conditions:
1. City of Dubuque, Iowa retains any
and all easements for utilities in and
to said street, together with the right
of ingress and egress for the purpose
of repair and maintenance of said
utilities, including, hut not limited to,
water, storm sewer and sanitary
sewer.
2. The above described real estate is
within the affected area of the
proposed Freeway and in the event
that the City of Duhuque, Iowa, con-
structs said Freeway the Dubuque
Packing Company shall grant to the
City of Dubuque, Iowa, the necessary
rights and interest in and to said
property for the purpose of erection
and construction of said Freeway.
Grantee understands, and does
herewith so acknowledge, that ~art of
the conveyed premises may be needed
by Grantor at sometime in the future
for the erection and construction and
:~n~;::t~: o:e~~;~::~¡;:n:b~~:~~~ I
right, in the exercise of sound engin.
eering principles, to locate on such
needed part of the conveyed premises
sucb Freeway, and in the event that
such Freeway shall be constructed
above ground level, then in such
event, Grantor shall have the absolute
right to locate on the part of the
conveyed premises such piers or
columns as shall be necessary to sup-
port such Freeway, and Grantor shall
not be required to compensate Gran-
tee in any way by reason of the loca-
tion of such Freeway or piers or
columns supporting same. Grantee
convenants and agrees that upon
written notice from Grantor, it will
promptly remove any improvements
made by Grantee upon the conveyed
premises that would obstruct or im-
pede or interfere with the location of
such Freeway or any piers or columns
supporting same. The Grantor shall
have, and does hereby reserve, and
Grantee does hereby grant, a perpe-
tual right, easement and right of entry
to Grantor for the purposes of instal-
lation, maintenance and repair of
same.
3. Premises herein conveyed are sub-
ject to existing easements for storm
sewer, sanitary sewer and easement
for utilities, including, but not limited
to water, which Grantee agrees and
covenants not to interfere with or
encroach upon.
4. That the sale price shall be in the
sum of Five Hundred ($500.00) Dol.
lars, that the huyer shall pay publica-
tion costs and that no ahstract of title
shall be furnished and conveyance
shall be by Quit Claim Deed.
Section 2. That the City Clerk be and
he is hereby directed and authorized to
deliver deed of conveyance conveying
the above described real estate to
Dubuque Packing Company upon
receipt of the purchase price in full.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
record a certified copy of this Resolu-
tion in the office of the Duhuque County
Recorder.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackls
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays - None.
Ahstain - Councilman Wertzberger.
Absent - Councilman Tully.
Proof of Publication, certified to by
Regular Session, September 7, 1976
441
the Publisher, of Notice of Vacation and
Sale of Lot 300A (Part of Maple Street),
Lot 300B (Part of E. 17th Street), Lot
300C (Part of E. 18th Street), all in East
Dubuque No.2, 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 hy Mayor Lundh. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays - None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
ORDINANCE NO, 43-76
AN ORDINANCE VACATING LOT 300A
IN EAST DUBUQUE NO.2 (FORMERLY
A PART OF MAPLE STREET, LOT 300B
IN EAST DUBUQUE NO.2 (FORMERLY
A PART OF EAST SEVENTEENTH
STREET), AND LOT 300C IN EAST
DUBUQUE NO.2 (FORMERLY A PART
OF EAST EIGHTEENTH STREET) ALL
IN THE CITY OF DUBUQUE,IOWA,
said Ordinance having been previously
presented and read at the Council
Meeting of August 16, 1976, presented
for final adoption.
ORDINANCE NO. 43-76
AN ORDINANCE VACATING LOT 300
A IN EAST DUBUQUE NO.2 (FOR-
MERLY A PART OF MAPLE STREET,
LOT 300 B IN EAST DUBUQUE NO.2
FORMERLY A PART OF EAST SEVEN-
TEENTH STREET), AND LOT 300 C IN
EAST DUBUQUE NO.2 (FORMERLY A
PART OF EAST EIGHTEENTH
STREET) ALL IN THE CITY OF
DUBUQUE, IOWA
WHEREAS, Lot 300 A in East
Dubuque No.2 (formerly a part of Ma-
ple Street), Lot 300 B in East Dubuque
No.2 (formerly a part of East Seven-
teenth Street) and Lot 300 C in East
Dubuque No.2 (formerly a part of East
Eighteenth Street) all in the City of
Dubuque, Iowa is no longer needed for
street purposes, and Dubuque Packing
Company has petitioned for the acqui-
sition of said lots; and
WHEREAS, Planning and Zoning
Commission of the City of Dubuque,
Iowa has approved the vacation of said
cfuscribed real estate; and
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it in the
best public interest that said above de-
scribed real estate be vacated subject to
the conditions and provisions herein-
after set forth and that disposal thereof
to Dubuque Packing Company be
approved:
NOW THEREFORE BE IT ORDAINED
by the City Council 01 the City of
Dubuque, Iowa:
Section 1. That the vacation of 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
Eost Dubuque No.2 (formerly a part of
East Eighteenth Street) all in the City of
Dubuque, Iowa be and the same is her.
ebyapproved.
Section 2. That the disposal of inter-
est of the City of Dubuque, Iowa in and
to said 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 be disposed of to
Dubuque Packing Company subject to
and on the following conditions, be and
the same is hereby approved:
1. City of Dubuque, Iowa retains any
and all easements for utilities in and
to said streets together with the right
of ingress and egress for the purpose
of repair and maintenance of said
utilities, including, but not limited to,
water, storm sewer and sanitary
sewer. 2. The above described real
estate is within the affected area of
the proposed freeway and in the event
that the City of Dubuque, Iowa con-
structs said freeway the Dubuque
Packing Company shall grant to the
City of Dubuque, Iowa, the necessary
rights and interest in and to said
property for the purpose of erection
and construction of said freeway.
Grantee understands and does hereby
so acknowledge, that part of the con-
veyed premises may be needed by
Grantor at sometime in the future for
the erection and construction and
maintenance of a Freeway and to
that end Granto reserves the absolute
right, in the exercise of sound engin-
eering principles, to locate on such
needed part offhe conveyed premises
such Freeway, and in the event that
such Freeway shall be constructed
above ground level, then in such
event, Grantor shall have the absolute
right to locate on the part of the
conveyed premises such piers or
columns as shall be necessary to sup-
port such Freeway, and Grantor shall
not be required to compensate Gran-
tee in any way by reason of the loca-
tion of such Freeway or piers or
columns supporting same. Grantee
covenants and agrees that upon writ-
ten notice from Grantor, it will
442
Regular Session, September 7, 1976
promptly remove any improvements
made by Grantee upon the conveyed
premises that would obstruct or im-
pede or interfere with the location of
such Freewoy or any piers or columns
supporting same. The Grantor shall
have, and does hereby reserve, and
Grantee does hereby grant, a perpe-
tual right, easement and right of entry
to Grantor for the purposes of instal-
lation, maintenance and repair of
same. 3.Premises herein conveyed are
subject to existing easements for
stonn sewer, sanitary sewer and ea-
sement for utilities, including, but not
limited to, water, which Grantee
agrees and covenants not to interfere
with or encroach upon. 4.That the
sale price shall be in the sum of Seven
Hundred Fifty ($750.00) Dollars and
that the buyer shail pay publication
cost and that no abstract of title shall
be furnished by sellerand conveyance
shall be by Quit Claim Deed.
Section 3. That the City Clerk be and
he is hereby ordered and directed to
publish notice as is by law required.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspoper this 13th day of Sep-
tember 1976.
Leo F. Frommelt
City Cierk
119/13
Councilman Stack is moved final
adoption of the Ordinance. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays-None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
RESOLUTION NO. 317-76
WHEREAS, pursuant to Resolution
and puhlisbed notice of time and place
of hearing, published in the Telegrapb-
Herald, a newspaper of general circula.
tion published in the City of Dubuque,
Iowa, on August 19, 1976, the City
Council of the City of Dubuque, Iowa
met on the 7th day of September, 1976,
at 7:30 o'clock P.M. (Central Daylight
Time) in the City Council Chambers,
City Hall, Dubuque, Iowa, to consider
proposal to dispose of interest of the
City of Dubuque, Iowa in real estate,
hereinafter described to Dubuque
Packing Company; and
WHEREAS, City Council of City of
Dubuque, Iowa overruled any and all
objections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the hereinafter de-
scribed real estate to Dubuque Packing
Company:
NOW THEREFORE BE IT RE-
SOLVED hy the City Council of the City
of Dubuque, Iowa:
Section 1. That the disposal of inter-
est of City of Dubuque, Iowa in the
following described real estate, to wit:
Lot 30OA in East Duhuque No.2
(formerly a part of Maple Street).
Lot 300B in East Dubuque No.2
(formerly a part of East Seven.
teenth Street) and Lot 300C in East
Dubuque No.2 (formerly a part of
East Eighteenth Street) all in the
City of Dubuque, Iowa.
to DUBUQUE PACKING COMPANY
be and the same is hereby approved for
the total purchase price of $750.00 and
payment of costs of publication, and
other good and valuable consideration
subject to the following terms and
conditions:
1 City of Dubuque, Iowa retains any
and all easements for utilities in and
to said streets together with the right
of ingress and egress for the purpose
of repair and maintenance of said
utilities, including, hut not limited to,
water, storm sewer and sanitary
sewer.
2 The above described real estate is
within the affected area of the
proposed Freeway and in the event
that the City of Dubuque, Iowa con-
structs said Freeway the Dubuque
Packing Company shall grant to the
City of Dubuque, Iowa the necessary
rights and interest in and to said
property for the purpose of erection
and for the purpose of erection and
construction of said Freeway. Gran-
tee understands, and does hereby so
acknowledge, that part of the con-
veyed premises may be needed by
Grantor at sometime in the future for
the erection and construction and
maintenance of a Freeway and to that
end Grantor reserves the absolute
right, in the exercise of sound engin-
eering principles, to locate on such
needed part of the conveyed premises
sucb Freeway, and in the event that
such Freeway shall he constructed
above ground level, then in such
event, Grantorshall have the absolute
right to locate on the part of the
Regular Session, September 7, 1976
443
444
Regular Session, September 7, 1976
conveyed premises such piers or
columns as shall be necessary to sup-
port such Freeway, and Grantor shall
not he required to compensate Gran-
tee in any way by reason of the loca-
tion of such Freeway or piers or
columns supporting same. Grantee
covenants and agrees that upon writ-
ten notice from Grantor, it will
promptly remove any improvements
made by Grantee upon the conveyed
premises that would obstruct or im-
pede or interfere with the location of
such Freeway or any piers or columns
supporting same. The Grantor shall
have, and does hereby reserve, and
Grantee does hereby grant, a perpe.
tual right, easement and right of entry
to Grantor for the purposes of instal-
lation, maintenance and repair of
same.
3. Premises herein conveyed are sub-
ject to existing easements for storm
sewer, sanitary sewer and easement
for utilities, including, but not limited
to, water, which Grantee agrees and
covenants not to interfere with or
encroach upon.
4. That the sale price shall be in the
sum of Seven Hundred Fifty ($750.00)
Dollars and that the buyer shall pay
publication costs and that no abstract
of title shall be furnished by seller and
conveyance shall be by Quit Claim
Deed.
Section 2. That the City Clerk be and
he is hereby directed and authorized to
deliver deed of conveyance conveying
the above described real estate to
Dubuque Packing Company upon
receipt of the purchase price in full.
Section 3. That the City Clerk be and
he is bereby authorized and directed to
record a certified copy of this Resolu-
tionin the office of the Dubuque County
Recorder.
Passed, approved, and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays-None.
Abstain - Councilman Wertzberger.
Absent - Councilman Tully.
August 19, 1976
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 Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
September 1, 1976
To the Honorable Mayor
and City Council
Attached is an ordinance regulating
the disposal of sewage and waste into
the public sewers in the City of
Dubuque; regulating the construction
of septic tanks and other private sewage
disposal systems and providing penal-
ties for violation of the ordinance.
The new ordinance will be an updat-
ing of Ordinance No. 35, Ordinance No.
38-55, and Ordinance No. 39-57. Ordin-
ance No. 35 was adopted prior to 1919
and was an ordinance requiring the
making of connections to sanitary
sewers when those facilities became
available. This ordinance stated that
every resident located within 200 feet of
the sewer, after receiving notice from
the Board of Health, must make con-
nection to the puhlic sewer thirty (30)
days after receiving such notice. Ordin-
ance No. 38-55 covered the construction
of septic tanks and other private sewage
disposal systems. Ordinance No. 39-57
provided for the regulation for disposal
of sewage and wastes into public sewers
of the City of Dubuque and any penal-
ties that would be related to the viola-
tion of the ordinance.
The proposed ordinance submitted to
the City Council incorporates the fea-
tures. of all three ordinances. The ordin-
ance does stipulate that when a public
sewer hecomes available, and the build-
ing sewer is within 200 feet of the public
sewer, that the owner is given sixty (60)
days to make connection to the public
sewer. The new ordinance also makes
provisions for the installation and in-
spection of septic tanks and treatment
facilities. The ordinance provides for the
regulation of the types of material that
can be discharged into the puhlic sewer.
The new ordinance will be in com-
pliance with EPA regulations. As a con-
dition of the Federal Grant for the con-
struction of the Wastewater Treatment
Facility, and associated trunk lines,
pump and pipe systems, EPA has
requested that we upgrade our sewage
usage ordinance.
The new ordinance does incorporate
provisions of the amended ordinances
Honorable Mayor
and Councilmen
The City of Dubuque Pianning and
Zoning Commission has held a public
hearing on an amendment to Zoning
Ordinance No. 32-75 which proposes to
repeal Section 6-106.3 and enact a new
Section 6-106.3 to include a requirement
that the Board of Adjustment post
property and send certified mail no-
tification to abutting property owners in
matters pertaining to issuance of a
Conditional Use Permit.
The Commission has found the
amendment to be appropriate and
recommends your favorable
consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniei Dittemore
City Planner
Councilman Stackis moved that the
communication be received and filed
and recommendation approved.
Seconded hy Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
AN ORDINANCE amending and
changing Ordinance No. 32-75, known
as the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa' by
repealing Section 6-106.3 of Article VI
thereof and enacting a new Section
6-106.3 of Article VI in lieu thereof, to
include the posting of property and
notice to abutting property owners on
matters subject to the issuance of a
Conditional Use Permit, presented and
read. Councilman Stackis moved that
the reading just had be considered the
first reading of the Ordinance. Seconded
hy Councilman Brady. Carried by the
following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Ahsent - Councilman 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
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Councilman Stackis moved that a
public hearing be held on the Ordinance
on October 4, 1976, at 7:30 o'clock P.M.
and does place more rigid restrictions on
the type of sewage permitted to be dis-
charged into the City's sanitary sewer
system.
Your adoption of the new ordinance is
requested.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that the
communication be received and filed.
Seconded hy Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
ORDINANCE NO. 44-76
AN ORDINANCE REGULATING THE
DISPOSAL OF SEWAGE AND WASTES
INTO PUBLIC SEWERS OF THE CITY
OF DUBUQUE. REGULATING THE
CONSTRUCTION OF SEPTIC TANKS
AND OTHER PRIVATE SEWAGE DIS-
POSAL SYSTEMS, PROVIDING PEN-
ALTIES FOR THE VIOLATION THER-
EOF, AND PROVIDING FOR THE
REPEAL OF ORDINANCES NUMBERS
38-55 AND 39-57,
presented and read. Councilman Stackis
moved that the reading just had be
considered the first reading of the Or.
dinance. Seconded hy Mayor Lundh.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Ahsent - Councilman 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 - None.
Absent - Councilman Tully.
ORDINANCE NO. 44-76
AN ORDINANCE REGULATING THE
DISPOSAL OF SEWAGE AND
WASTES INTO PUBLIC SEWERS OF
THE CITY OF DUBUQUE, REGULAT-
ING THE CONSTRUCTION OF SEPTIC
TANKS AND OTHER PRIVATE
SEWAGE DISPOSAL SYSTEMS,
PROVIDING PENALTIES FOR THE
VIOLATION THEREOF, AND PROVID-
ING FOR THE REPEAL OF ORDIN-
ANCES NUMBERS 38-55 AND 39-57.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA THAT
ARTICLE I
Unless the context specifically in-
Regular Session, September 7,1976
dicates otherwise, the meaning of terms
used in this ordinance shall be as
follows:
Section 1. "BOD" (denoting Bio-
chemical Oxygen Demand) shall mean
the quantity of oxygen utilized in the
biochemical oxidation of organic matter
under standard laboratory procedure in
five (5) days at 20°c. expressed in milli-
grams per liter.
Section 2. "Building Drain" shall
mean that part of the lowest horizontal
piping of a drainage system which
receives the discharge from soil, waste,
and other drainage pipes Inside the
walls of the building and conveys it to
the building sewer, beginning five (5)
feet outside the Inner face of the build-
lngwall.
Section 3. "Building Sewer" shall
mean the extension from the building
drain to the public sewer or other place
of disposal.
Section 4. "Combined Sewer" shall
mean a sewer receiving both surface
runoff and sewage.
Section 5, "Garbage" shall mean solid
wastes from the domestic and commer-
cial preparation, cooking, and dispens.
ing of food and from the handling, stor-
age, and sale of produce.
Section 6. "Industrial Wastes" shall
mean the liquid wastes from industrial
manufacturing processes, trade or busi-
ness as distinct from sanitary sewage.
Section 7. "Natural Outlet" shall
mean any outlet Into a watercourse,
pond, ditch, lake, or other body of sur-
face or ground water.
Section 8. "Person" shall mean any
individual, firm, company, association,
society, corporation or group.
Section 9. "pH" Shall mean the
logarithm of the reciprocal of the weight
of hydrogen ions In grams per iiter of
solution.
Section 10. "Properly Shredded Gar-
bage" shall mean the wastes from the
preparation, cooking, and dispensing of
food that have been shredded to such a
degree that all particles will be carried
freely under the flow conditions nor-
mally prevalilng in public sewers, with
no particle greater than one -half (!h)
Inch In any direction.
Section 11, "Public Sewer" shall
mean a sewer in which all owners of
abutting properties have equal rights,
and Is controlled by public authority.
Section 12. "Sanitary Sewer" shall
mean a sewer which carries sewage
and to which storm, surface, and growid
waters are not intentionally admitted.
Section 13. "Sewage" shall mean a
combination of the water-carried
wastes from residences, business build-
Ings, institutions, and industrial estab-
lishments, together with such ground,
surface, and storm waters as may be
presented.
Section 14. "Waste Water Treatment
Facility" shall mean any arrangement
of devices and structures used for treat-
ing sewage.
Section 15. "Sewage Works" shall
mean all facilities for collecting, pump.
ing, treating, and disposing of sewage.
Section 16. "Sewer" shall mean a
pipe or conduit for carrying sewage.
Section 17. "Shall" is mandatory;
"May" is permissive.
Section 18. "Slug" shall mean any
discharge of water, sewage, or indus-
trial waste which In concentration of
any given constituent or in quantity of
flow exceeds for any period of duration
longer than fifteen (15) minutes more
than five (5) times the average twenty-
four (24) hour concentration or flows
during normal operation.
Section 19. "Storm Drain" shall
mean a sewer which carries storm and
surface waters and drainage, but ex-
cludes sewage and industrial wastes,
other than unpolluted cooling water.
Section 20. "City Manager" shall
mean the City Manager or his designee
of the City of Dubuque, Iowa.
Section 21. "Suspended Solids" shall
mean solids that either float on the
surface of, or are in suspension in water,
sewage, or other liquids, and which are
removable by laboratory filtering.
Section 22. "Watercourse" shall
mean a channel in which a flow of water
occurs, either continuously or
intermittently.
Section 23. "Contributor" refers to
any person, firm or corporation respon.
sible for the production of domestic,
commercial or industrial waste which is
directly or indirectly discharged into the
City's sewer system.
ARTICLE II
Section 1. It shall be unlawful for any
person to place, deposit, or permit to be
deposited in any unsanitary manner on
public or private property within the
City of Dubuque, or in any area under
the jurisdiction of said City, any human
or animoi excrement, garbage, or other
objectionable waste, except in accor-
dance with the provisions of this
Ordinance.
Section 2. It shall be unlawful to
discharge to any natural outlet within
the City of Dubuque, or in any area
under the jurisdiction of said city, any
sewage or other polluted waters, except
where suitable treatment has been
445
446
Regular Session, September 7, 1976
provided in accordance withsubsequent
provisions of this Ordinance.
Section 3. It shall be unlawful to
construct or maintain any privy, privy
vault, septic tank, cesspool, or other
facility intended or used for the disposal
of sewage, except in accordance with
the provisions of this Ordinance.
Section 4. The owner of any house,
building, or property used for human
occupancy, employment, recreation, or
other purposes, situated within the city
and abutting on any street, alley,
right-of. way or easement in which there
is now located or may In the future be
located within 200 feet of the property
line thereo~ a public sanitary sewer of
the City, is hereby required at his ex-
pense to install suitable toilet facilities
therein and to connect such facilities
directiy with the proper public sewer in
accordance with the provisions of the
City of Dubuque, Ordiannce No. 48-70
requiring the making of connections
with sanitary sewers and providing for
the manner of making such
connections.
ARTICLE III
Section 1. Where a public sanitary
sewer is not available under the provi-
sions of Article II, Section 4, the building
sewer shall be connected to a private
sewage disposal system complying with
the provisions of this Ordinance.
Section 2. Before commencement of
construction of a private sewage dispo-
sal system the owner shall first obtain a
written permit signed by the City Man.
ager. The application for such permit
shall be made on a form furnished by
the City, and In addition shall include
the following items:
a. Plan detailing the location and de-
sign of the septic tank and secondary
treatment system.
b. The location of any wells or water
distribution system within 200 feet of
the premises.
c. The person who will do the work.
d. Percolation tests and an engineering
evaluation of the soil conditions by a
registered Professional Engineer in
the State of Iowa.
e. Other information as deemed neces.
sary by the City Manager.
The permit form shall state that the
issuance of said installation permit is
conditioned upon the applicant comply.
ing with all provisions of Article III and
specifically with Section 7 which states
as follows:
"When a public sewer becomes availa-
ble, the building sewer shail be
connected to said sewer within six.
ty (60) days from date of written
notification by the City Monager
and the private disposal system
abandoned in accordance with
Section 8 of Article III of this
Ordinance. "
A permit and Inspection fee of thirty
($30) dollars shall be paid to the City at
the time the application is filed.
Section 3. If the City Manager, after
an inspection of the premises and plans,
shall find:
a. That the location and design is In
accordance with the regulations of
the Iowa State Department of Envir-
onmental Quality. Iowa State
Department of Health and the City of
Dubuque Heaith Department;
b. That the disposal system Is adequate
for the premises to be served;
c. That It is not likely to create a
nuisance to abutting property; and
d That there is no public sewer within
200 feet of the premises, he shall issue
a permit, therefore, and advise the
Plumbing Inspector. This permit for a
private sewage disposal system shall
not become effective until the instal-
lation Is completed to the satisfaction
of the City Manager. He shall be al-
lowed to Inspect the work at any
stage of construction and, In any
event, the applicant for the permit
shall notify the City Manager when
the work is ready for final inspection,
and before any underground portions
are covered. The inspection shall be
made within 24 hours, exclusive of
Saturdays, Sundays and holidays, of
the receipt of notice by the City
Manager.
Section 4. Notwithstanding the
provisions of this Ordinance no such
disposal system shall be connected to
any house drainage system except in
accordance with the provisions of the
ordinances regulating plumbing.
Section 5. The type, capacities, loca-
tion, and layout of a private sewage
disposal system shall comply with all
requirements of the Iowa State Depart-
ment of Environmental Quality, the
Iowa State Department of Health and
the City of Dubuque Health Depart-
ment. No permit shall be issued for any
private sewage disposal system em-
ploying subsurface soil absorption
facilities where the area of the lot is less
than 15,000 square feet. No septic tank
or cesspool shall be permitted to dis-
charge to any natural outlet.
Section 6. The owner shall operate
and maintain the private sewage dispo-
sal facilities in a sanitary manner at all
times, at no expense to the city.
Section 7. When a public sewer
Regular Session, September 7,1976
447
becomes available, the building sewer I
shall be connected to said sewer within
sixty (60) days from date of written
notification by the City Manager and
the private disposal system abandoned
in accordance with Section 8 of Article
III of this Ordinance.
Section 8. At such time as a public
sewer becomes available to a property
served by a private sewage disposal
system, as provided in Article III, Sec-
tion 3, a direct connection shall be made
to the public sewer in compliance with
this Ordinance, and any septic tanks,
cesspools and similar private sewage
disposal facilities sholl be abandoned
in accordance with instructions from
the City Manager.
Section g. No statement contained in
this article shall be construed to inter-
fere with any additional requirements
that may be imposed by the City of
Dubuque Health Department.
Section 10. The City Manager shall
have the right during reasonable hours
and upon the consent of the occupant to
enter any building or permises in the
discharge of his official duties to make
any inspection, reinspection, or test,
that is reasonably necessary to protect
health, safety and welfare. Where the
building or premises is unoccupied the
consent of the owner shall be obtained.
Section 11. If the City Manager has
reasonable cause to believe that any
individual sewage disposal system con-
stitutes an extereme hazard to persons
or property, he shall have the right to
enter immediately and inspect such
sewage disposal system and may use
any reasonable means required to effect
such entry and make such inspection,
whether such property be occupied or
unoccupied, and whether or not per.
mission to inspect has been obtained.
Section 12. In the event the City
Manager, in proceeding to enter any
premises for the purpose of making an
inspection to carry out the provisions of
this regulation shall be refused entry, a
complaint may be made under oath to
any court of competent jurisdiction and
soid court shall thereupon issue its order
authorizing the City Manager to enter
such place for the purpose of moking
such inspection.
Section 13. Whenever the City Man-
ager detennines that there are reason-
albe grounds to believe thot there has
been a violation of any provision of this
regulation or any rule or regulation
adopted pursuant thereto, he shall give
notice of such alleged violation to the
person or persons responsible therefor,
as hereinafter provided. Such notice
shall:
a. Be in writing.
b. Include a statement of the reasons
why it is being issued, citing the
provisions of the regulation involved.
c. Allow 10 days for the performance
of any act it requires.
d. Be served upon the owner or his
agent or the occupant, as the case
may require; provided that such no-
tice shall be deemed properly served
upon such owner or agent, or upon
such occupant, if a copy thereof is
served upon him personally: or if a
copy thereof is sent by certified mail
to his last known address; or if a copy
thereof is posted in a conspicuous
place in or about the premises affect-
ed by the notice: or if he is served with
such notice by any other method
authorized under the laws of the State
ofIowa.
e. State that unless a condition de-
scribed is corrected within the time
specified therein, any permit issued
under this regulation may be suo
spended, revoked, or court action
initiated.
Section 14. Any person aggrieved by
any order made by the City Manager
shall the right to appeal to the Dubuque
City Council by filing a written notice of
such appeal with the Dubuque City
Council within ten (10) days of the date
of such order. If such a notice is filed,
the Dubuque City Council shall set a
time and place for a hearing, and notify
the party that has filed the appeal The
notice of the hearing shall be sent by
certified mail. The Dubuque City
Council, by majority vote, shall modify,
withdraw, or order compliance
with said order. The aggrieved party
may appeal any order of the Dubuque
City Council to the District Court of
Dubuque County, Iowa, within twenty
(20) days of the date of such order.
ARTICLE IV
Section 1. The construction of and
the connection of the building sewer to
ond into the public sewer shall conform
to the requirements of the plumbing
ordinances or other applicable rules and
regulations of the city.
Section 2. All costs and expense in-
cident to the installation and connection
of the building sewer shall be borne by
the owner. The owner shall idemnify the
city from any loss or damage thot may
directly or indirectly be occasioned by
the installation of the building sewer.
ARTICLE V
Section 1, No person shall discharge
or cause to be discharged any storm-
448
Regular Session, September 7, 1976
water, surface water, graundwater, roof
runoff, subsurface drainage, including
interior and exterior foundation drains,
floor drains used for collecting storm
water, uncontaminated cooling water,
or unpolluted industrial process waters
to any sanitary sewer.
Section 2. Storm water and all other
unpolluted drainage shall be discharged
to such sewers as are specifically desig-
nated as storm sewers, or to a natural
outiet approved by the City Manager.
Industrial cooling water or unpolluted
process waters may be discharged, on
approval of the City Manager to a storm
sewer or natural outlet.
Section 3. No person shall discharge
or couse to be discharged any of the
following described waters or wastes to I
any public sewers:
a. Any gasoline, benzene, naphtha,
fuel oil, or other flammable or explo-
sive liquid, solid, or gas.
b. Any waters or wastes containing
toxic or poisonous solids, liquids,
gases in sufficient quantity, either
singiy or by interaction with other
wastes to injure or interfere with any
waste water treatment process, con-
stitute a hazard to humans or an-
imals, create a public nuisance, or
create any hazard in the receiving
waters of the Waste Water Treat-
ment Facility, including but not limit-
ed to cyanides in excess of two (2)
mgl1 as CN in the wastes as dis-
charged to the public sewer.
c. Any waters or wastes having a pH
lower than 5.5 or having any other
corrosive property capable of causing
damage or hazard to structures,
equipment, and personnel of the
sewage works.
d. Solid or viscous substances in quan-
tities or of such size capable of caus.
ing obstruction to the flow in sewers,
or other interference with the proper
operation of the sewage works such
as, but not limited to, ashes, cinders,
sand, mud, straw, shavings, metal,
glass, rags, feathe(s, tar, plastics,
wood, unground garbage, whole
blood, paunch mdnure, hair and
fleshings, entrails and paper dishes,
cups, milk containers, etc. either
whole or ground by g'àrbage grinders.
e. Any waters or wastes having BOD
greater than 300 parts per million by
weight, or (2) containing more than
350 parts per million by weight of
suspended solids, or (3) having an
average daily flow greater than 2
percent of the average influent at the
Waste Water Treatment Facility,
shall be subject to the review of the
City Manager. Where necessary in
the opinion of the City Manager, the
owner shall provide, at his expense,
such preliminary treatment as may be
necessary to (1) reduce the bio.
chemical oxygen demand to 300 parts
per million by weight, or (2) reduce the
suspended solids to 350 parts per mil-
lion by weight, or (3) control the
quantities and rates of discharge of
such waters or wastes. Plans,
specifications, and any other pertin-
ent infonnation relating to proposed
preliminary treatment facilities shall
be submitted for the approval of the
City Manager and no construction of
such facilities shall be commenced
until said approvals are obtained in
writing.
Section 4. No person shall discharge
or cause to be discharged the following
described substances, materials, waters,
or wastes if it appears likely in the
opinion of the City Manager that such
wastes can harm either the sewers,
waste water treatment process, or
equipment, have an adverse effect on
the receiving stream, or can otherwise
endanger life, limb, public property, or
constitute a nuisance. In forming his
opinion as to the acceptability of these
wastes, the City Manager will give con-
sideration to such factors as the quanti-
ties of subject wastes in relation to flows
and velocities in the sewers, materials of
construction of the sewers, nature of the
waste water treatment process, capaci-
ty of the Waste Water Treatment
Facility, and other pertinent factors.
The substances prohibited are:
a. Any liquid or vapor having a tem-
perature higher than one hundred
fifty (150)" F (65°C).
b. Any water or waste containing fats,
wax, grease, or oils, whether emul-
sified or not, in excess of one hundred
(100) mg/ I or containing substances
which may solidify or become viscous
at temperatures between thirty-two
(32) and one hundred fifty (150)" F and
65°C).
c. Any garbage that has not been
properly shredded. The installation
and operation of any garbage grinder
equipped with a motor of three-
fourths (¡¡) horsepower (0.76 hp me-
tric) or greater shall be subject to the
review and approval of the City
Manager.
d. Any waters or wastes containing
strong acid iron pickling wastes, or
concentrated plating solutions
whether neutralized or not.
e. Any waters or wastes containing a
toxic or poisonous substance; or
Regular Session, September 7, 1976
449
wastes exceeding an excessive chlor-
ine requirement to such degree that
any such material received in the
composite sewage at the waste water
treatment works exceeds the limits
estahlished by the City Manager for
such toxic substances shall be limited
to the following average quantities in
the sewage as it arrives at the treat-
ment plant and at no time shall the
hourly concentration at the Waste
Water Treatment Facility exceed
three (3) times the average
concentration.
/ronasFe I5mgl1
Chromium as Cr (hexavalent) 5 mgl1
Copperas Cu 3 mgl1
Zinc as Zn 2 mgl1
Chlorine Demand 30 mgl1
f. Any waters or was/es containing
phenols or other taste -or odor
producing substances, in such con-
centrations exceeding the limit of 0.05
mg/ I established by the City Man-
ager as necessary after treotment of
the composite sewage to meet the
requirements of the State, Federal or
other public agencies or jurisdiction
for such discharge to the receiving
waters.
g. Any radioactive wastes or isotopes
of such half-life or concentration as
may exceed limits estahlished by the
City Manager in compliance with ap-
plicable State or Federal regulations.
h. AnywatersorwasteshavingapHin
excess of 10.0
i. Materials which exert or cause:
1. Unusual concentrations of inert su-
spended solids (such as, but not limit-
ed to Fullers earth, lime slurries, and
lime residues) or of dissolved solids
(such as, but not limited to, sodium
chloride and sodium sulfate).
2. Excessive discoloration (such as, but
not limited to, dye wastes and vege-
table tanning solutions).
3. Unusual BOD, chemical oxygen
demand, or chlorine requirements in
such quantities as to constitute a
significant load on the Waste Water
Treatment Facilities.
4. Unusual volume of flow or concen-
tration of wastes constituting "slugs"
as deflned herein.
j. Waters or wastes containing sub-
stances which are not amenable to
treatment or reduction by the waste
water treatment processes employed,
or are amendabte to treatment onty to
such degree that the Waste Water
Treatment facility effluent cannot
meet the requirements or other agen-
cies having jurisdiction over dis-
charge to the receiving waters.
Section 5. If any waters or wastes are
discharged, or are proposed to be dis-
charged to the public sewers, which
waters contain the substances or po.
sesses the characteristics enumerated
in Section 4 of this Article, and which in
the judgment of the City Manager, may
have a deteterious effect upon the
sewage works, processes, equipment, or
receiving waters, or which otherwise
create a hazard to life or constitute a
public nuisance, the City Manager may:
a. Reject the wastes,
b. Require pretreatment to an accep-
table condition for discharge to the
public sewers,
c. Require control over the quantities
and rates of discharge, and/or
d. Require poyment to cover the added
cost of handling and treating the
wastes not covered by existing taxes
or sewer charges.
If the City Manager permits the pre-
treatment or equalization of waste
flows, the design and instaliation of the
plants and equipment shall be subject to
the review and approval of the City
Manager and subject to the requir-
ements of all applicable codes, ordin-
ances and laws.
Section 6. Where preliminary treat-
ment or flow .equalizing facilities are
provided for any waters or wastes, they
shall be maintained continuously in
sotisfactory and effective operation by
the owner at his expense.
Section 7. When required by the City
Manager, the owner of any property
serviced by a building sewer carrying
industrial wastes shall install a suitable
control manhole together with such
necessary meters, sampling equipment,
and other appurtenances in the building
sewer to facilitate observation, sam-
pling, and measurement of the wastes.
Such manhole, when required, shall be
accessibly and safely located and shall
be constructed in accordance with plans
approved by the City Manager. The
manhole shall be installed by the owner
at his own expense, and shall be main-
tained by him so as to be safe and
occessible at all times.
Section 8. All measurements, tèsts,
and analyses of the characteristics of
waters and wastes to which reference is
made in this ordinance shall be deter-
mined in accordance with the latest
edition of "Standard Methods for the
Examination of Water and Waste
Water," published by the American
Public Health Association and shall be
determined at the control manhole
provided, or upon suitable samples to-
ken at said control manhole. In the
Regular Session, September 7, 1976
event that no special manhole has been
required, the control manhole shall be
considered to be the nearest down-
stream manhole in the public sewer to
the point at which the building sewer is
connected. Sampling shall be carried
out by customarily accepted methods to
reflect the effect of constituents upon
the sewage works and to determine the
existence of hazards to life, limb and
property.
Section 9, No statement contained in
this article shall be construed as
preventing any special agreement or
arrangement between the city and any
industrial concern whereby an indus-
trial waste of unusual strength or char-
acter may be accepted by the city for
treatment, subject to payment ther-
efore, by the industrial concern.
ARTICLE VI
Section 1. No person shall malicious-
ly, willfully, or negligently break,
damage, destroy, uncover, deface, or
tamper with any structure, appurten.
ance, or equipment which is a port of
the sewage works.
ARTICLE VII
Section 1. The City Manager and
other duly authorized employees of the
city bearing proper credentials and
identification shall be permitted to enter
all properties for the purposes of in-
spection, observation, measurement,
sampling, and testing in accordance
with the provisions of this ordinance.
The City Manager or his representatives
shall have no authority to inquire into
any processed including metallurgical,
chemical, oil, refining, ceramic, poper,
or other industries beyond that point or
other industries beyond that point hav-
ing a direct bearing on the ¡Ûnd and
source of discharge to the sewers or
waterways or facilities for waste
treatment.
Section 2. While performing the
necessary work on private properties
referred to in Article VII, Section 1
above, the City Manager or duly auth-
orized employees of the city shall ob-
serve all safety rules applicable to the
premises established by the company.
Section 3. The City Manager and
other duly authorized employees of the
city bearing proper credentials and in-
dentification shall be permitted to enter
all private properties through which the
city holds a duly negotiated easement
for the purposes of, but not limited to,
inspection, observation, measurement,
sampling, repair and maintenance of
any portion of the sewage works lying
within said easement. All entry and
subsequent work, if any, on said ea.
sement, shall be done in full accordance
with the terms of the duly negotiated
easement pertaining to the private
property involved.
ARTICLE VIII
Section 1. Any person found to be
violating any provision of this Ordin-
ance except Article VI shall be served by
the City with written notice stating the
nature of the violation and providing a
ten (10) day limit for the satisfactory
correction thereof. The offender shall,
within the period of time stated in such
notice, permanently cease all violations.
Section 2. Any person who shall con-
tinue any violation beyond the time
limit provided for in Article VIII, Section
1, shall be guilty of a misdemeanor, and
on conviction thereof. shall be fined in
the amount not exceeding $100.00 for
each violation or be imprisoned for not
more than thirty (30) days. Each day in
which any such violation shall continue
shall be deemed a separate offense.
Section 3, Any person violating any
of the provisions of this Ordinance shall
become liable to the city for any ex-
pense, loss, or damage occasioned the
city by reason of such violation.
ARTICLE IX
Section 1. If any section, subsection,
sentence, clause, phrose, or portion of
this Ordinance is for any reason heid
invalid, or unconstitutional by any
Court of competent jurisdiction, such
portion shall be deemed a separate,
distinct and independent provision and
such holding shall not affect the validity
of the remaining portions hereof.
Section 2. Ordinance No. 38-55 and
Ordinance No. 39-57 and all Ordinances
or parts of Ordinances or Resolutions in
conflict with the provisions of this Or-
dinance are hereby repealed.
Section 3. This Ordinance shall be in
full force and effect ten days from and
after its final passage, adopted and
publication as by law provided.
Passed, adopted and approved this
7th day of September, 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 Newspoper this 14th day of Sep-
tember 1976.
Leo F. Frommelt
City Clerk
119114
Regular Session, September 7,1976
451
452
Regular Session, September 7, 1976
Councilman Stackis moved final
adoption of the Ordinance. Seconded hy
Mayor Lundb. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzherger.
Nays - None.
Absent - Councilman Tully.
Petition of Dubuque Sertoma Club
requesting permission to sell light bulhs
in the Downtown Area on September
24th and from door to door September
25th, and requesting the Mayor to pro-
claim September 25th as "Light the Way
for Retarded and Handicapped Chil.
dren's Day", presented and read. Coun-
cilman Wertzberger moved that the
petition he received and filed, request be
approved subject to final approval of
Manager, and the day so proclaimed.
Seconded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Petitions of Lynn & Mary Beauchamp
and Florence & Elmer Bonnet request-
ing the erection of "No Parking Sign" in
the alley to the rear of 1020 and 1010
Althauser due to failure of agreement
relative to parking in the area, present-
ed and read. Councilman Stackis moved
that the petitions be received and filed
and referred to Council. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Petitions of Dock Board requesting a
work session to discuss progress in
cleaning of the Ice Harbor, also
requesting a joint Council-Dock Meet-
ing to discuss the development of Area
"C", presented and read. Councilman
Stackis moved that the petitions be
received and filed and work session be
held on September 9, 1976, at 8:00
o'clock P.M. in the Council Chambers at
City Hall. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Petition of Women's Recreation
Ass'n. Inc. requesting a refund of
$225.00 on unexpired portion of Class
"B" Beer Permit No. B.6487, discontin-
ued business on September 1,1976, pre-
sented and read. Councilman Stackis
moved that the refund be granted and
City Auditor directed to issue proper
warrant. Seconded hy Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Petition of Coletta A. Oyen requesting
a refund of $75. on the unexpired por.
tion of Cigarette License No. 997, dis-
continued business on August 31, 1976,
presented and read. Councilman Stackis
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, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Petition of Dubuque Sports Unlimited
requesting a refund of $150. on the un-
expired portion of Class "B" Beer Permit
No. B-5042, discontinued bnsiness on
Angust 31, 1976, presented and read
Councilman Stackis 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, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Petition of David A. Parochetti
requesting refund in the amount of
$211.25 on tbe unexpired portion of
Liquor License No. C-5872, presented
and read. Councilman Stackis moved
that tbe refund be granted and City
Auditor directed to issue proper war-
rant. Seconded by Conncilrilan Wertz-
berger. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Petition of Kiwanis Club requesting
permission to conduct a Kid's Day
Peanut Sale on September 24, 1976,
presented and read. Councilman Stackis
moved that the request be granted.
Seconded hy Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Petition of Thomas J. Kluck request-
ing permission to excavate at 256 Prin.
ceton Place, presented and read. Coun-
cilman Stackis moved that the request
he granted. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 318-76
Resolution requiring Abutting
Property Owners to make sewer
and water and gas connections,
providing gas connections are
available as wanted at time of
street construction.
WHEREAS, the City Council has
heretofore adopted Resolution No.
273-76, being the Resolution of Neces-
sity for Permanently Improving English
Lane.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the owners of all
property abutting on said improvement
are hereby required to make connec-
tions from the sewer, water and gas
mains to the curb line of said property
prior to September 14, 1976.
Section 2. That the City Clerk is her-
eby authorized and directed to serve a
written notice on sucb abutting
property owners in accordance with
Ordinance No. 128, ordering compliance
with this Resolution;
Section 3. That in the event any such
property owner shall fail or refuse to
make such connection within the time
set out in this resolution, then the City
Manager shall proceed to have said
connection made upon a contract made
and entered into for that purpose and
upon completion, report said fact
together with the cost thereof to the
City Council, whereupon the cost of
such connection shall be assessed
against such abutting property.
Adopted this 7th day of September,
1976.
Alvin E. Lundh
Mayor
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 Wertzberger. Carried hy the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Proof of Publication, certified to hy
the Publisher, of Notice of Receipt of
Bids for Construction of Asphalt Paving
Project No.2 English Lane from Mt.
Loretta to Sullivan Street, presented
and read. Councilman Stackis moved
that the proof ofpuhlication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
September 2, 1976
To the Honorabie Mayor
and City Council
Pursuant to your instructions, sealed
bids were received until 10:00 a.m.,
Thursday, September 2, 1976 for the
City of Dubuque 1976 Asphalt Paving
Project No.2. The low bidder was Tri-
State Paving Company, Division of
Dubuque Stone Products. It was 26.9%
below the Engineer's Estimate.
I recommend that the contract for the
improvement be awarded to the Tri.
State Paving Company, Division of
Dubuque Stone Products.
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, Wertzberger.
Nays-None.
Absent - Councilman Tully.
(Awerding Contract)
RESOLUTION NO. 319-76
WHEREAS, sealed p.roposals have
been submitted by contractors for the
City of Dubuque 1976 Asphalt Paving
Project No.2 pursuant to Resolution
No. 300-76 and notice to bidders pub-
lished in a newspaper published in said
City on August 20, 1976 and August 27,
1976: and
WHEREAS, said sealed proposals
where opened and read on September 2,
1976, and it has been determined that
the bid of Tri-State Paving Company,
Division of Dubuque Stone Products of
Dubuque in the amount of $32,933.50
was the lowest bid for the furnishing of
all labor and materials and performing
the work as provided for in the plans
and specifications; now therefore,
BE IT RESOLVED by the City Coun-
cil of the City of Dnbuque that the
contract for the above mentioned im-
provement be awarded to Tri-State
Paving Company, Division of Dubuque
Regular Session, September 7, 1976
Stone Products and the Manager be and
he is hereby directed to execute a con-
tract on behalf of the City of Dubuque
for the complete performance of said
work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and
the approval of the contractors bond
the City Treasurer is authorized and
instructed to return the bid deposits of
the unsuccessful bidders.
Passed and adopted this 7th day of
September, 1976.
Alvin E. Lundh
Mayor
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 Wertzberger. Carried by the fol.
lowing vote:
Yeas - Mayor Lnndh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Proof of Puhlication, certified to by
the Publisher, of Notice to Contractors
for receipt of proposals for Construction
of West 32nd Street Sanitary Sewer
from Carter Rd. to J.F.K. Road, pre-
sented and read. Councilman Stackis
moved that the proof of publication be
received and filed. Seconded by Coun-
cilman Brady. Carried by the following
vote:
Yeas - Mayor Lundb, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
September I, 1976
To the Honorable Mayor
and City Council
Pursuant to your instructions, sealed
proposals were received until 10:00 a.m.,
Wednesday, September I, 1976 for the
sanitary sewer in West 32nd Street from
Carter Road, westerly to the John F.
Kennedy Road.
The lowest bid was entered by Tri-
State Paving Company, of Dubuque,
Iowa. Their bid was 13% below the En.
gineer's Estimate.
I recommend that the contract for the
improvement be awarded to the Tri-
State Paving Company.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved tbat the
communication be received and filed.
Seconded hy Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
(Awarding Contract)
RESOLUTION NO. 320-76
WHEREAS, sealed proposals have
been submitted by contractors for the
West 32nd Street Sanitary Sewer, from
Carter Road westerly to John F. Ken-
nedy Road pursuant to Resolution No.
286-76 and notice to bidders published in
a newspaper published in said City on
August 16, 1976 and August 23, 1976;
and
WHEREAS, said sealed proposals
were opened and read on September I,
1976, and it has been determined that
the bid of Tri-State Paving Co., of
Dubuque, Iowa in the amount of
$165,954.49 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications; now
therefore.
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that tbe
contract for the above mentioned im-
provement be awarded to Tri-State
Paving Co. and the Manager be and he is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of said work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and
the approval of the contractors hond the
City Treasurer is authorized and in-
strncted to return the bid deposits of the
unsuccessful bidders.
Passed and adopted this 7th day of
September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzherger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the foi-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. - 76
Dubuque Metropolitan Area Solid
Waste Agency
WHEREAS, the Dubuque Metropoli-
tan Area Solid Waste Agency has been
453
454
Regular Session, September 7,1976
Regular Session, September 7, 1976
455
negotiating witb the City of Duhuque,
Iowa for the physical operation of the
Sanitary Landfill; and
WHEREAS, the Dubuque Metropoli-
tan Area Solid Waste Agency and the
City of Dubuque have agreed to the
general terms of a written agreement
governing the operation and conduct of
the Agency of the landfill and that a
copy of said Agreement is hereto at-
tached and by reference made a part
hereof: and that said Agreement is her-
eby approved by the Agency and should
be executed for and on behalf of the
Agency.
NOW THEREFORE BE IT RE-
SOLVED by the Duhuque Metropolitan
Area Solid Waste Agency Board:
Section 1. That the terms of the
written agreement by and between
Duhuque Metropolitan Area Solid
Waste Agency and the City of
Dubuque, Iowa concerning the opera-
tion of the Sanitary Landfill be and the
same is hereby approved.
Section 2, That the Chairman and the
Secretary of the Agency be and they are
hereby authorized and directed to ex-
ecute said Agreement for and on behalf
of the Agency.
Section 3, That the Secretary of the
Agency be and he is hereby directed to
transmit copy of this Resolution
together with the contract documents
for execution by the City of Dubuque,
Iowa.
Passed, approved and adopted this
30th day of August, 1976.
Emil Stackis
Cbairman
James E. Brady
Donald C. Meyer
ATTEST
Donald C. Meyer
Agency Secretary
Councilman Stackis moved that the
resolution be received and filed and be
made a matter of record. Seconded by
Councilman Brady. Carried by the fol.
lowing vote:
Yeas ~ Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
August 31,1976
To the Honorable Mayor
and City Council
The City of Dubuque and the
Dubuque Metropolitan Area Solid
Waste Agency have formulated an
agreement for the operation of the new
landfill. Provisions of the agreement
provide tbat the City will administer,
operate and maintain the landfill facili-
ty. The Agency will reimburse the City
for all related costs of payroll, supplies
and services. The term of the agreement
is for five (5) years with an option to
renew for three (3) years by mutual
consent.
This agreement has been adopted by
the Dubuque Metropolitan Area Solid
Waste Agency. Attached is a resolution
accepting the agreement on the part of
the City and authorizing and directing
the Mayor to execute such agreement.
Your adoption of this resolution is
requested.
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
Gilbert D. Chavenelle
City Manager
ATTEST:
Leo F. Frommelt
City Clerk
Agreement between the
Dubuque Metropolitan Area Solid
Waste Agency and the City 01
Dubuque, Iowa ¡or the Admlnlstre-
tion, Operàtion and Maintenance
01 the Dubuque Sanitary Landlill
This agreement is made and entered
into by and between the Dubuque Me-
tropolitan Area Solid Waste Agency
(hereinafter called the "Agency") and
the City of Dubuque, Iowa, an Iowa
municipal corporation (hereinafter
called the "City") on this 30th day of
August, 1976.
WITNESSETH:
WHEREAS, the City of Dubuque and
Duhuque County In Dubuque, Iowa
under Cbapter 2BE of the Code of Iowa
1975, created the Dubuque Metropoli-
tan Area Solid Waste Agency; and
WHEREAS, the Dubuque Metropoli-
tan Area Solid Waste Agency has been
given the power and duty to estahlish
the Dubuque Sanitary Landfill; and
WHEREAS, the City of Dubuque has
as part of their operations a landfill
department that operates and main-
tains the existing site and is capable of
operating and maintaining the new
Dubuqne Sanitary Landfill: and
WHEREAS, the existing site must be
closed at tbe time the new Dubuque
Sanitary Landfill is opened, at which
time tbe operation could continue at
the new site.
Therefore it is now Stipulated and
agreed as follows:
ARTICLE I
SCOPE OF SERVICES
Section 1. ADMINISTRATIVE
RESPONSIBILITIES
A. SUPERVISION. The City will
provide supervision of the disposal
facility. It will provide the proper lines
and grades for earth movement and
operations. The City shall be respon-
sible for any necessary testing. The
operations shall be in accord with
conditions of permit no. 3I.SDP-2-75p
and an operations manual approved
by the Department of Environmental
Quality and accepted hy the City.
B. COLLECTION OF FEES. The City
shall collect gate fees from all users of
the site in accordance with the fee
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, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 321-76
Operating Agreement between the
Dubuque Metropolitan Area Solid
Waste Agency and the City at
Dubuque.
WHEREAS, the Dubuque Metropoli-
tan Area Solid Waste Agency has been
negotiating with the City of Dubuque,
Iowa for the physical operation of tbe
Sanitary Landfill; and
WHEREAS, the Dnbuque Metropoli-
tan Area Solid Waste Agency and the
City of Dubuque have agreed to the
general terms of a written agreement
governing the operation and conduct of
the Agency of the landfill and that a
copy of said Agreement is hereto at-
tached and hy reference made a part
hereof: and that said Agreement has
been approved and executed hy the
Agency and is hereby approved by the'
City and should be executed for and on
hehalf of the City.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the terms of the
written Agreement by and between the
City of Dubuque and the Dubuque Me-
tropolitan Area Solid Waste Agency
concerning the operation of the
Dubuque Sanitary Landfill be and the
same is hereby approved.
Section 2. That the Mayor be auth-
orized and directed to execute said
Agreement by and on behalf of the City
of Dubuque.
Passed, approved and adopted this
schedule adopted by the Agency. Tbe
City will make charge accounts
available for users and will bill the
same on a monthly basis.
C. ACCOUNTING. The City shall es.
tablish a separate bank account for
the Agency and shall keep a record of
the sC'¡eral funds required by the
Agency. The City shall establish bud.
getary accounting according to the
usual City practice and shall report all
receipts and expenditures on a
monthly and annual basis.
D. The City will maintain an inventory
record of all equipment, parts, sup-
plies and tools owned by the Agency,
and verify annually with a physical
inventory.
Section 2, GENERAL OPERATION
AND MAINTENANCE
A. OPERATION. The City Shall oper-
ate the landfill from 7:00 a.m. to 6:00
p.m., Mònday through Saturday, ex-
cept City holidays and periods of
prohibitive weather conditions. The
City will keep a daily record of:
1. Tonnage of refuse received hy
classification.
2. List of customers and related
tonnage.
3. Number and type of vehicles.
4. Estimated amount of cover mater-
ial used.
5. Analysis of samples from environ-
mental monitoring site.
6. Report of hazardous material
received or rejected and any prob.
lems related to disposal of these
materials.
7. The city will also report any unu-
sual operating problems to the
Agency.
B MAINTENANCE AND REPAIR OF
SANITARY LANDFILL. The City will
keep the site and approaches clean.
The City will maintain and repair the
landfill equipment. The City's
procedures for authorizing spending
will be followed, except that in the
c~se of repairs in excess of $5,000, the
Clt¥ shall first obtain Agency ap-
proval. Tbe Agency shall first ap-
prove any building alteration, major
equipment replacement and ground
improvements.
ARTICLE II
COMPENSATION
Section 1. AMOUNT OF PAYMENT
The City shall be compensated for the
wages and fringe benefits of persons
directly employed in the landfill
operation, any direct charges for
supplies, materials, equipment and
services, services rendered by other
City departments and/or outside ser-
456
Regular Session, September 7, 1976
vice organizations.
Section 2. METHOD OF PAYMENT
At the end of each month, the City
shall transfer monies from the Agen-
cy fund to the City of Dubuque for all
reimbursable costs expended by the
City in the operation of the Solid
Waste Agency.
Article III
GENERAL
Section 1. RIGHT OF WAY
The agency shall furnish all iand and
right of way for its performance of
the work under this contract.
Section 2. PROTECTION OF PER-
SONS AND PROPERTY
The City will take all necessary and
reasonahle precaution to protect all
persons and property in the work site,
safely gaurd the Agency's property
and abutting property from damage
or loss resulting from the faithful
performance of this contract. The
City shall erect and maintain neces-
sary safeguards for the protection of
persons and vehicles within the work
site, and shall post warning signs as
required by Federal and State safety
laws and codes.
ARTICLE IV
INSURANCE
The City Shall Maintain for the period
of this Agreement, the following
insurance:
1. Workmen's Compensation includ-
ing occupational disease and em.
ployer's liability.
2. Public liability and property damage
and automobile liability and property
damage in the following amounts and
limits:
Puhlic Liability
Bodily Injury
$500,OOO/Occurrence
$500,000 Aggregate
Property Damage $250,OOO/Occurrence
$250,000 Aggregate
Auto Liability
Bodily Injury
$250,OOO/Person
$500,OOO/Occurrence
Property Damage $IOO,OOO/Occurrence
The Agency will provide the following
insurance:
1. Claims for loss, damage or injury by
fire with extended coverage
endorsement.
2. Idemnity: The Agency assumes and
agrees to pay the City for, and the
Agency forever idemnifies the City
against, ànd agrees to save the City
harmless from, any and all loss,
damage, injury, costs, expenses,
liability, claims, settlements, judo
gements, decrees, and awards of
every kind and notice wbatsoever,
including attorney's fees, costs, and
disbursements, that may ever be
claimed against the City, its agents,
servants, employees, invitees, or con-
tractors, by any persons, firm corpor-
ation or other entity whatsoever on
account of any actual or alledged
injury or death of any person or per.
sons wbomsoever, or on account of
any actual or alleged loss, damage or
injury to any property wbatsoever,
however arising from or connected
with or related to or growing out of,
directly or indirectly, (a) the con-
struction, existence, condition, main-
tenance, repair, renewal, reconstruc.
tion, extension, improvement, use,
operation, removal or alteration of
the Project, or any other project or
facilities owned, operated or used by
the Agency, (b) injury to or death of
any agent, servant, employee or con-
tractor of the City or loss, damage or
injury to any property owned or used
by any agent, servant, employee or
contractor of the City while on or
about the Project for any purpose
however arising from or connected
with or related to or growing out of,
directly or indirectly, this Agreement,
and/or (c) the non-observance by the
Agency, its agents, servants, em-
ployees, invitees or contractors of the
provisions of any laws, statutes, or-
dinances, resolutions, regulations or
rules duly promulgated by any
governmental entity which may be
applicable, directly or indirectly, to
the Project or any other Project or
facilities owned, operated or used by
tbe Agency, and/or (d) the non-ob-
servance by the Agency, its agents,
servants, employees, invitees or con-
tractors of any of the terms and con-
ditions of this Agreement.
Where appropriate, all insurance
provided for by the Agency in tbis
Agreement shall mean the Agency and
the City as the insured as their interest
may appear.
ARTICLE V
TERMINATION OF CONTRACT
The term of this Agreement is for five
(5) years from date of execution and
may be extended (sixty days prior to
termination) for three (3) years by mu'
tual assent of the parties. The conditions
of this Contract may be amended by
mutual assent of the parties.
ATTEST:
By Leo F. Frommelt
City Clerk
CITY OF DUBUQUE, IOWA
By Alvin E. Lundb
Mayor
Regular Session, September 7, 1976
457
DUBUQUE METROPOLITAN AREA
SOLID WASTE AGENCY
By Donald C. Meyer
Secretary
By Emil Stackis
Chairman
Councilman Stackis moved adoption
of the resolution. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
August 13, 1976
To the Honorable Mayor
and City Council
You indicated in your meeting Friday,
August 13, your desire to discuss intent
of Council to continue study on the solid
waste recovery concept.
Attached is a resolution that refers
the recommendation of the City Council
to the Dubuque Metropolitan Area Solid
Waste Agency and also directs the City
and the Agency to explore sources of
outside funding.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully
RESOLUTION NO. 322-76
A Resolution Supporting conlln-
ued exploration of the Solid Waste
Recovery Concept.
WHEREAS, a feasibility study on
solid waste recovery systems has been
submitted to the City; and
WHEREAS, the study indicates
favorable economics of generating
steam from solid waste in Dubuque
County; and
WHEREAS, there is potential market
in the City of Dubuque for steam gen-
erated from solid waste.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubnque, Iowa:
1. That the Duhuque Metropolitan
Area Solid Waste Agency be encour-
aged to engage an engineering firm to
develop more detailed engineering,
economics and financial plans for
generating steam from solid wastes;
and
2. That the City and the Agency ex-
plore sources of federal funding that
may be available now or will be
available in the future for financing
solid waste recovery projects.
Passed, approved and adopted this
7th day of September, 1976
Alvin E. Lundh
Mayor
James E. Brady
Emil Stackis
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Brady. Carried by the fol.
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION No. 323-76
WHEREAS, the City of Dubuque en-
tered into an agreement with the Per-
fection Oil Company, dated Fehruary
13, 1968, in connection with and pur-
suant to the acquisition of certain
property in connection with the City of
Dubuque Flood Wall Protection project,
and
WHEREAS, it was agreed that Lime
Street be vacated north of Kimball
Street, and wbich vacated Lime Street
would be subdivided into Lot I and Lot 2
thereof, and in said agreement it was
agreed that Lot I of vacated Lime Street
be conveyed to Dubuque Stone
Products Company, and Lot 2 of vacat-
ed Lime Street would be conveyed to
Perfection Oil Company, subject to rail-
road easement, and
WHEREAS, said property has been
platted and said Lime Street has here-
tofore been vacated, but no conveyance
has heen made pursuant to and in ac-
cordance with said agreement.
NOW THEREFORE BE IT RE.
SOLVED hythe City Council of the City
of Dubuque, Iowa:
Section 1. That the disposal of inter.
est in and to Lot I of vacated Lime
Street, to Perfection Oil Company, An
Iowa Corporation, successor in interest
to Dubuque Stone Products Company,
and the conveyance of Lot 2 of vacated
Lime Street to Perfection Oil Company,
An Iowa Corporation, subject to rail-
road easement, be and the same is her-
eby approved.
Section 2. That the City Clerk be and
he is bereby authorized and directed to
publish notice of interest to dispose of
interest and City property to Perfection
Oil Company as is required by law.
458
Regular Session, September 7, 1976
Regular Session, September 7, 1976
Section 3, That a certified copy of this
Resolution be filed in the office of the
recorder in and for Dubuque County,
Iowa.
Passed, adopted and approved this
7th day of September, 1976.
Alvin E. Lundh
Mayor
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 hear,
ing be held on the resolution on Octoher
4, 1976, at 7;30 o'clock P.M. in the
Council Chamber at City Hall and City
Clerk be directed to publish notice of
hearing in the manner as required by
law. Seconded hy Conncilman Wertz-
herger. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Proof of Publication, certified to by
the Publisher, of Notice of time and
place of hearing to dispose of Lot 9 of
Block I of River Front Sub. No.5, pre-
sented and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing. Councilman Stackis moved
that the proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilman
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 324-76
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published in the City of Dubuqne,
Iowa, on August 19, 1976, the City
Council of the City of Dubuque, Iowa
met on the 7th day of September, 1976,
at 7:30 o'clock P.M. (Central Dayligbt
Time) in the City Council Chambers,
City Hall, Dubnque, Iowa, to consider
proposai to dispose of interest of the
City of Dubuque, Iowa in real estate,
hereinafter described to Thermo King
Sales & Service of Dubuque Inc.; and
WHEREAS, City Council of City of
Dnbuque, Iowa overruled any and áll
objections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the hereinafter de.
scribed real estate to Thermo King Sales
& Service of Dubuque Inc:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the disposal of inter-
est of City of Duhuque, Iowa in the
following described real estate, to-wit:
Lot 9 of Block I of River Front Sub-
division No.5 in the City of Dubuque,
Iowa
to Thermo King Sales & Service of
Dubuque Inc., he and the same is hereby
approved for the total purchase price of
$44,556.65, and other good and valuabie
consideration suhject to the following
terms and conditions:
1. That 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, convenience
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, togetber witb 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. ",
Section 2. That the city Clerk be and
459
he is hereby directed and authorized to
deliver deed of conveyance conveying
the above described real estate to
Thermo King Sales & Service of
Dubuque, Inc. upon receipt of the pur-
chase price in full.
Section 3, That the City Clerk he and
he is hereby authorized and directed to
record a certified copy of this Resolu-
tionin the office of the Dubuque County
Recorder.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Conncil-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzherger.
Nays-None.
Absent - Councilman Tuily.
RESOLUTION NO. 325-76
Resolution accepting, ratifying
and conllrmlng results of Dubuque
County Supervisor's Canvass 01
Civic Center Election conducted
on August 17,1976.
WHEREAS, an election held on
August 17, 1976 under the supervision
of the Commissioner of Elections, of
Dubuque County, Iowa, on the follow-
ing proposition to -wit:
"Shall the City of Dubuque, Iowa,
issue its bonds in an amount not ex-
ceedingtheamount of$3,700,OOO. for
the purpose of constructing and
equipping a Civic Center and ac.
quiring a site therefor in said City?"
and
WHEREAS the County Commis-
sioner of Elections has submitted an
Election report to the County Board of
Supervisors on August 23,1976, and
WHEREAS the County Board of
Supervisors have adopted a resolution
canvassing and declaring the results of a
special election on a City of Dubuque
Civic Center Bond proposition as con-
ducted in each voting precinct in the
City, and
WHEREAS it is fonnd and determined
that tbe total number of affirmative
votes on said proposition at said elec-
tion was equal to more than sixty per
cent (60%) of the total vote cast at said
election and is in effect.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Tbat the Election report and Canvass
of the Board of Supervisors as submitted
on the proposition:
"Shall the City of Duhuque, Iowa, issue
its bonds in an amount not exceed-
ing the amount of $3,700,000. for the
purpose of constructing and equip.
ping a Civic Center and acquiring a
site therefor in said City?" as voted
upon by the citizens of Dubuque
Iowa on August 17, 1976 is hereby
accepted ratified and confirmed.
Passed, adopted and approved this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
ELECTION REPORT
I, Harold P. Meloy, County Auditor of
Dubuque County, Iowa, and as such
County Commissioner of Elections of
said County, do hereby find, determine
and declare the following;
1. That the precinct election officials
of the special municipal election held in
and for the City of Duhuque, in
Dubuque County, Iowa, on August 17,
1976, on the following proposition,
to-wit;
Shall the City of Dubuque, Iowa,
issue its bonds in an amount not
exceeding the amount of $3,700,000
for the purpose of constructing and
equipping a Civic Center and ac-
quiring a site therefor in said City?
have filed their returns, which bave
been duly examined and verified.
2. That a total of 11,115 hallots, in-
cluding 350 absent voters ballots, were
cast at said election on said proposition,
of which 7680 votes were cast "Yes",
and 3293 votes were cast "No" and 142
ballots were blank or defectively
marked on said proposition.
3. That a record of the votes cast on
460
Regular Session, September 7, 1976
said bond proposition at said election by
precincts is hereby made as follows:
Blank
or Total
Delective Ballots
11 415
5 216
8 338
I 550
5 328
3 291
4 210
5 267
8 273
3 398
7 521
3 447
4 612
3 397
6 450
2 466
6 622
6 438
10 610
11 554
5 525
10 434
4 448
5 535
2 420
Precincts Yes No
1 271 133
2 155 56
3 202 128
4 377 172
5 189 134
6 198 90
7 139 67
8 179 83
~ 199 66
10 298 97
11 368 146
12 349 95
13 432 176
14 268 126
15 324 120
16 333 131
17 400 216
18 275 157
19 419 181
20 354 189
21 367 153
22 306 118
23 280 154
24 392 138
25 321 97
Absentee
Ballots 285 60
4. That the votes cast in favor of said
proposition at said election wcre equal
to at least sixty per cent (60%) of the
total votes cast for and against said
proposition at said election, and that
said proposition has been duly carried
and adopted.
5. That the total number of ballots
cast at said election, including absent
voters ballots, as shown by the election
registers was 11,115.
This Election Report constitutes my
official canvass of the results of said
election on tbe foregoing proposition.
WITNESS my official signature and
the seal of said County hereto affixed at
Dubuque, Iowa, this 23rd day of August,
1976.
Harold P. Meloy
County Commissioner
of Elections
(SEAL)
STATE OF IOWA
COUNTY OF DUBUQUE
Subscribed and sworn to before me
this day, the date last above written.
Leroy L. Meyer
Clerk of District
Court
Resolution canvassing and de-
Regular Session, September 7, 1976
cast by precincts on said proposition is
hereby made as follows:
Blank
or Totel
No Delective Ballots
133 11 415
56 5 216
128 8 338
172 1 550
134 5 328
90 3 291
67 4 210
83 5 267
66 8 273
97 3 398
146 7 521
95 3 447
176 4 612
126 3 397
120 6 450
131 2 466
216 6 622
157 6 438
181 10 610
189 11 554
153 5 525
118 10 434
164 4 448
:38 5 535
97 2 420
350
clarlng the results 01 a special
election on a City 01 Dubuque Civic
Center bond proposition.
WHEREAS pursuant to a resolution
heretofore adopted by the City Council
of the City of Duhuque, Iowa, and an
Election Order issued by the Dubuque
County Commissioner of Elections,
there was duly submitted to the voters
of said City at a special election held in
and forsaidCity on August 17,1976, the
following proposition:
Shall the City of Dubuque, Iowa,
issue its bonds in an amount not
exceeding the amount of $3,700,000
for the purpose of constructing and
equipping a Civic Center and ac.
quiring a site therefor in said City
and
WHEREAS the election on said
proposition was duly and legally called
and held on said date and the precinct
election officials of said election have
filed their returns, which have been duly
examined and verified, and the County
Commissioner of Elections has filed
with this Board an Election Report with
respect to the results of said election;
NOW, THEREFORE BE IT AND IT IS
HEREBY RESOLVED by the Board of
Supervisors of the County of Dubuque,
in the State of Iowa, as follows:
Section 1. That upon being duly ad-
vised in the premises it is hereby found,
determined and declared that the elec-
tion on the proposition referred to in the
preamble hereof was held and conduct-
ed in each of the voting precincts of the
said City pursuant to due notice and
during the proper hours and in strict
compliance with law and that said
proposition and the adoption thereof
complies strictly with law.
Section 2. That it is hereby found,
determined and declared that the elec-
tion on the proposition referred to in the
preamble hereof was favorahle thereto:
that the total number of affirmative
votes on said proposition at said elec-
tion was equal to or more tban sixty per
cent (60%) of the total vote cast for and
against said proposition at said election
and is in effect.
Section 3. That it is hereby found,
determined and declared that a total of
11,115 ballots, including 350 absent
voters ballots, were cast at said election
on the aforesaid proposition, of which
7680 votes were cast "Yes", 3293 votes
were cast "No" and 142 ballots were
case blank or defectively marked.
Section 4. That a record of the votes
Precinct Yes
1 271
2 155
3 202
4 .377
5 189
6 198
7 139
8 179
9 199
10 298
11 368
12 349
13 432
14 268
15 324
16 333
17 400
18 275
19 419
20 354
21 367
22 306
23 280
24 392
25 321
Absentee
Ballots 285 60 5 350
Section 3. That the total number of
ballots cast at said election, including
absent voters ballots, as shown by the
election registers, was 11,115.
Section 4. That all resolutions and
orders or parts thereof, insofar as same
may be in confiict herewith, are hereby
repealed and this resolntion shall
become effective immediately.
Passed and approved August 23,1976.
Wilfred Bahl
Chairman of the Board
of Supervisors
ATTEST:
Harold P. Meloy
County Auditor
Recorded August 23,1976.
Harold Meloy
County Auditor
September I, 1976
Honorable Mayor and
City Councilmen
This is to certify that the Board of
Supervisors has canvassed the vote by
the electorate on the proposition to
issue general obligation bonds in tbe
arnonnt of $3,700,000.00 for the purpose
of constructing and equipping a Civic
Center and acquire a site therefor in the
City of Dubuque, which canvass shows
tbat the affirmative vote cast for said
proposition was in excess of the statu-
461
tory limits and consequently said
proposition has been passed favorably
upon hy the electorate.
At this time the Council should direct
the City Attorneys Office as to when
they desire the City Attorney to proceed
with the preparation of the general ob-
ligation bonds issue proceedings in
order to prepare for the sale of same.
Awaiting your earliest directions in
this matter, I am,
R. N. Russo
City Attorney
Mayor Lundh moved that the com-
munication be received and filed and
City Attorney directed to proceed im-
mediately with bond proceedings.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
August 27, 1976
To the Honorable Mayor
and City Council
Enclosed find our June 30, 1975 to
June 30, 1976 Street Finance Report
which includes all income and expendi-
tures for Street purposes.
The first column contains the entire
Road Use Tax accounting which is con-
struction, road maintenance snow
removal and street cleaning.
The second column consists of street
fund accounts derived mainly from
property taxes and assessments paid by
residents within thirty days of the levy
for street paving projects.
The third column accounts for all
other funds contributing to street relat-
ed expenditures. Such as street lighting,
street storm sewer cleaning and traffic
signal lighting and maintenance.
The total expenditure for street relat.
ed purposes this year is $2,359,308.
The report also includes a parking
report showing all parking income and
expenses.
Gilbert D. Chavenelle
City Manager
Mayor Lundh moved that the com-
munication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stack is, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO 326-76
Approving OHicial Report 01 Mun-
Icipality lor Municipal Streets and
Parking lor 1975.
WHEREAS, an official report of
462
Regular Session, September 7,1976
municipality expenditures and receipts
for 1975 for municipal streets and park-
ing facilities in the City of Dubuque, has
duly prepared as required by Chapter
312 Road Use Tax acconnt, Code of
Iowa, and submitted to this Council for
approval, and
WHEREAS, this Council has ex-
amined the official report of the City of
Dubuque for it's streets and parking
facilities from June 30, 1975 to June 30,
1976 wherein receipts and expenditures
are shown for 1975 along with a Street
Bond listing supplement.
NOW, THEREFORE, BE IT RE.
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. Tbat the official report of
the City of Dubuque for it's streets and
parking facilities from June 30, 1975 to
June 30, 1976 be and the same Is hereby
approved.
Passed, adopted and approved this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Lundb moved adoption of the
resolution. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Augnst 30,1976
To the Honorable Mayor and
Members of the City Council
The Economic Development Admin-
istration, the Federal agency charged
with administering the Public Works
Employment Act of 1976, is required to
obtain and/or to conduct environmen-
tal assessments of projects submitted to
the agency for funding.
This agency bas only sixty (60) days
in which to process an application; con-
sequently, there is considerable concern
as to their ability to fully assess all
projects for environmental clearance. In
view of the critical nature of this as-
sessment, we propose that the City of
Duhuque facilitate the process by con-
ducting an environment review at the
local level and submitting the findings
as a part of the application.
We would further suggest that the
procedures utilized for the Commnnity
Development Block Grant program be
followed, but modified to the extent that
the city would assemble an ad hoc
committee, publish the findings and
hold one public hearing.
The attached resolntion sets these
recommendations into motion.
GentM. Wittenberg
Acting Assistant
City Manager
Mayor Lundh moved that the com-
munication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 327-76
Authorizing an Environmental
Review of Certain Public Works
Projects
WHEREAS, the Public Works Em-
ployment Act of 1976 authorizes funds
for employment opportunities in areas
of high unemployment through the ex.
peditious construction or renovation of
useful public facilities; and
WHEREAS, it appears that the City
of Duhuque is an eligible recipient for
such funding to carry out public works
as defined by the Act; and
WHEREAS, the Economic Develop-
ment Administration, the Federal
agency charged with the administration
of the program, will conduct an ebvir-
onmental analysis of projects proposed
to be funded under the Act: and
WHEREAS, the City of Dubuque de-
clares its intent to assist the Economic
Development Administration to carry
out its responsibilities under the Na-
tional Environmental Policy Act of
1969, as amended, by conducting at the
local level an environmental review of
each public works project under con-
sideration for snbmission by the City to
the Federal agency.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa
Section 1. That the City Manager be
and he is hereby authorized and direct-
ed to convene an Ad Hoc Environmen-
tal Review Committee to assess the
impact on the environment and the
nature of the environment to be affect-
ed for each of the several public works
to be submitted to the Economic
Development Administration.
Section 2. That the City Clerk is her-
eby authorized and directed to place a
copy of the Environmental Review
Record for each of the several projects
on file in his office fOr public inspection
and to publish a Notice of the Findings
Regular Session, September 7, 1976
463
of the Ad Hoc Environmental Review
COmmittee in the Dubuque Telegraph
Herald, a newspaper of general circula-
tion. Such notice shall be in the form of
Exhibit "A" attached hereto and made a
part hereof.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
PUBLIC NOTICE
The City of Dubuque Proposes to
snbmit an application to the Economic
Development Administration for tbe
funding of the following identified pub.
lic works projects under the provisions
of the Public Works Employment Act of
1976.
Expansion of Iowa Street Parking
Ramp
Completion of Town Clock Plaza
Construction and Reconstruction of
Greenhouse - Potting House
Restoration/Renovation of City Hall
Expansion of City Garage
Reconstruction of a Portion of Fourth
Street
Construction of Cedar Cross Road
Waterline
To facilitate the processing of such an
application by the Federal Agency, the
City of Dubuque has convened an Ad
Hoc Committee Environmental Review
Committee, and based upon the assess-
ment of the Projects by the Committee,
the City of Duhuque has found that
these Projects (have) (have no) sig-
nificant effect on the environment
based upon the following facts and
measures:
1. Assessment of the nature, magni-
tude, and duration of any adverse and
positive impacts;
2. Consideration of alternatives to the
Projects, commitment of resources,
known views of local groups, mea-
sures which can be instituted to les-
sen potential adverse in\pacts and to
enbance the environment:
3. No loss of unique environmental
resources;
4. No irreversible development trends;
5. A minimum occurrence of adverse
effects tbat cannot be avoided; and
6. No Impacts on properties possessing
historical, archaeological, architec.
tural or cultural significance.
The City of Dubuque has made an
Environmental Review Record for each
of the Projects, and has placed these
records on file in the office of the City
Clerk in City Hall, 13th and Central,
Dubuque, Iowa. These records are
available for examination and may be
copied between 8:00 a.m. and 5:00 p.m.
daily except Saturday, Sundays and
holidays.
No further environmental review of
the Projects is proposed to be conduct-
ed, and comments may be submitted to
the City of Dubuque until 5:00 p.m.,
Thursday, September 30, 1976, ad-
dressed to Alvin E. Lundh, Mayor of the
City of Dubuque, City Hall, 13th and
Central, Dubuque, Iowa 52001.
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of the
resolution. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
A RESOLUTION Authorizing the ex-
ecution of a contract amendment with
Barton-Aschman Associates Inc., pre-
sented and read. Mayor Lundh moved
adoption of the resoiution. Seconded hy
Councilman Wertzberger. VOTE ON
THE MOTION WAS AS FOLLOWS:
Yeas - Councilman Wertzberger.
Nays - Mayor Lundh, Councilmen
Brady, Stackis.
Absent - Councilman Tully.
Motion Failed.
Mayor Lundh moved that the
Preliminary Plans be referred to the City
Traffic Department, to DMATS and Ci-
tizens Policy Committee. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzherger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 328-76
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 tbe sale of
Cigarettes within the City of Duhuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Sandra Leppert, 1103 Iowa Street
Sirloin Stockade, Inc.. 1895 John F.
Kennedy Road
.Passed, adopted and approved this
464
Regular Session, September 7, 1976
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
EmilStackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
RESOLUTION NO, 329-76
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 ofthe City
of Dubuque, Iowa, that the following
applications be granted and permits
issued upon the compliance with terms
of the Ordinances of the City.
CLASS "C" BEER PERMIT
Kopple's Grocery, Inc., 1098 University
Avenue
CLASS "B" BEER PERMIT
Adella Alvina Ferring, 385 East 13th
Street
Passed, adopted and approved this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzherger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzherger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 330-76
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 hy sucb applicants were inspect-
ed and found to comply witb 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 Ma~ager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Kopple's Grocery, Inc., 1098 University
Ave.
CLASS "B" BEER PERMIT
Adella Alvina Ferring, 385 E. 13th Street
Passed, adopted and approved this
7th day of September 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
01 the resolution. Seconded by Mayor
Lundh. Carried hy the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
RESOLUTION NO. 331-76
WHEREAS, applications for Liquor
Licenses have heen suhmitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the following
applications be approved and licenses
issued upon the compliance with the
provisions of Chapter 131, Acts of the
first Regular Session, 64th General
Assembly.
CLASS "B" HOTEL-MOTEL BEER AND
LIQUOR LICENSE
Topeka Inn Management, Inc., 1111
Dodge Street
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
William O'Neill, 55 Locust Street
Dorothy Rose Hentges, (Sunday Sales),
2412 Central Avenue
Sandra Leppert, 11 03 Iowa Street
John W. Bastian, 253 Main Street
Passed, adopted and approved this
7th day of September, 1976.
. Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundb, Councilmen
Regular Session, September 7, 1976
Brady, Stackis, Wertzherger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 332-76
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 he
authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "B" HOTEL-MOTEL BEER AND
LIQUOR LICENSE
Topeka Inn Management, Inc., 1111
Dodge Street
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
William O'Neill, 55 Locust Street
Dorothy Rose Hentges, (Sunday Sales),
2412 Central Avenue
Sandra Leppert, 1103 Iowa Street
John W. Bastian, 253 Main Street
Passed, adopted and approved this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Mayor
Lundb. Carried hy the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
At 10:25 P.M. Councilman Stackis
moved to go into Executive Session to
discuss appointtnents to various Boards
and Commission. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-None.
Absent - Councilman Tully.
Council reconvened in Regular Ses-
sion at 10:50 P.M.
Mayor Lundh announced the follow-
ing appointments: Stacey Murdock
reappointed to the Airport Commission
for a six year term expiring 9-14-82 and
Koa Gatrel to the Board of Electrical
Examiners for a four term expiring
7.12.80. Councilman Stackis moved ra-
tification of tbe appointments. Second-
ed by Councilman Brady. Carried by the
following vote:
Yeas - Mayor Lundh, Councilemen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
There being no further business,
Councilman Wertzberger moved to ad-
journ. Seconded by Councilman Stack-
is. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Ahsent - Councilman Tully.
Leo F. Frommelt
City Clerk
Approved
Adopted
..................
...............
Councilmen
ATTEST: ......
City Clerk
465
19-
19-
466
Special Session, September 13, 1976
Special Session, September 13, 1976
467
CITY COUNCIL
OFFICIAL
Special Session, September 13,
1976
Council met at 7:30 o'clock P.M.
(C.D.T.)
Present - Mayor Lundh, Council-
men Brady, Stackis, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the cail and stated
that service thereof had been duly made
and this Meeting is called for the pur.
pose of APPROVING A SUBDIVISION
PLAT OF WEST RIDGE SECOND
ADDN., and acting upon such other
business as may properly come before a
Regular Meeting of the Council.
proclamations proclaiming week of
September 19th to 25th, 1976 as "Na-
tional Dog Week" and September 21
thru October 31, 1976, as "United Way
Month", were approved and signed by
Mayor Lundh.
Communication of Dock Commission
suhmitting minutes of their meeting of
September I, 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.
At 7:45 P.M. Councilman Stackis
moved to go into Executive Session to
discuss property purchase by the Dock
Commission.
Council Reconvened in Regular Ses-
sion at 8:25 P.M.
Dock Commission was authorized to
continue negotiations for subject
property.
Proof of Publication, certified to by
the Publisher, of Notice to the Public
that the City will undertake certain
Community Development Block Pro-
grams, presented and read. Councilman
Stackis moved that the proof of pub-
lication be received and filed. Seconded
by Councilman Brady. Carried by the
following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Councilman Brady moved that the
City Manager be directed to begin work
on adjustment to budget to provide
funds as needed not to execeed $3,500
for G.A.I.N. (Girls Are In Need).
Seconded hy Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis.
Nays -
Wertzberger.
Proof of Publication, certified to by
the Publisher, of List of Claims and
receipts and expenditures for month of
July, 1976, presented and read. Council-
man Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
damages allegedly suffered on January
10, 1975, when Plaintiff was leaving the
Penny store through a rear door open-
ing onto the public alley between 8th
and 9th street in the City of Dubuque,
Iowa. Plaintiff tripped on a concrete
curb or tire stop, as a result she suffered
personal injuries.
This matter was referred to the City
Attorney who asserted appropriate
defenses thereto and said case was
scheduled for trial for the latter part of
October.
City Attorneys Office has been ad-
vised this case has been settled at no
expense of the City.
Original Notice with the copy of Pet i-
tion attached is herewith returned and
this concludes this matter.
R. N. Russo
City Attorney
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.
Councilmen
Tully,
September 9, 1976
To the Honorable Mayor and
Members of the City CounciL
Gentlemen:
We have approved the filing of the
continuation certificate issued to John
J. Sheean, renewal of sidewalk hond IA
321182 to 10-22-77 by Merchants Mutual
Bonding Co. and desire to have your
approval of same.
Gilbert D. Chavenelle
City Manager
Councilman Brady 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.
Communication of Iowa Department
of Transportation submitting a copy of
the Concept Statement for a proposed
connection from City Island Bridge to
the existing street system in the City,
presented and read. Councilman Brady
moved that the communication be
received and filed and referred to
Council. Seconded by Councilman Tul.
ly. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Councilman Brady moved that the
City Clerk be directed to send a written
communication to the DMATS Policy
Board Expressing our concern with the
meeting times of the Policy Group and
suggesting benefit of evening meetings.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Councilmen Brady, Stackis,
Tully, Wertzberger.
Nays - Mayor Lundh.
September 9, 1976
Honorable Mayor and
City Councilmen
On May 12, 1975, Eileen M. Holz
commenced an action against the City
of Dubuque, Iowa, and J.C. Penney Co.,
Inc. for the sum of $21,000.00 for
September 9, 1976
Honorable Mayor
and City Councilmen
William L. Meyers and others in the
Fulton, Monroe, King Streets areas filed
a petition requesting that action be
taken to increase the water pressure
from its present level in that area.
This matter was referred to the City
Manager and at the meeting of Sep-
tember 7, 1976, the City Council referred
the question of prospective liability to
the City Attorney for an opinion.
It is my understanding that the pre-
sent level of water pressure in the area
meets the minimal standards of level of
service. It is also my understanding that
the water pressure in the area is suf-
ficient to meet any prospective demand
for fire protection.
It is also my understanding that some
of the inhabitants of the residences of
that area, have put the City and Water
Department on notice that they are in
opposition to any increase of water
pressure as such increase would in all
reasonable likelihood result in rupturing
the water service lines servicing their
particular residence.
I am also advised it is the position of
the City Water Superintendent, that
there is a reasonable likelihood, that the
increase in pressure as petitioned for by
the petitioners could result in rupturing
some of the service lines serving some of
the residences in the petitioned area.
The Supreme Court of Iowa has
repeatedly ennunciated a general
proposition that where it appears a City
is acting in a propietary capacity in the
operation of its water works it would be
liable for damages due to the negligence
of its employees. This proposition was
sustained in the case of Dartee vs. Sioux
City, 246 Iowa 171, 66 Northwestern
NW,2d275.
Assumedly, in this instance the City is
in compliance with its contract to fur-
nish water to the area affected. If the
pressure will increase to the point to
incurring a reasonable likelihood of
rupture of some of the waterlines in
some of the residences such could be
considered an act of negligence on the
part of the City under the circum-
stances, when it either knows or should
know that increase of such water pres-
sure will reasonably and foreseeably
result in the rupture of some waterlines.
It would appear, therefore, that unless
the property owners within the affected
area are willing to execute a Hold
Harmless Agreement, holding the City
of Dubuque, Iowa, free and harmless
from any and all claims arising out of or
in any way connected with the increase
of water pressure, then it is the recom-
mendation of the City Attorney that
such effort to increase the water pres.
sure be abandoned.
R. N. Russo
City Attorney
Councilman Brady moved that the
communication he received and filed
and referred to Council. Seconded by
Councilman Stackis. VOTE ON THE
MOTION WAS AS FOLLOWS:
Yeas - Councilmen Brady, Stackis.
Nays -.Mayor Lundh, Councilmen
Tully, Wertzberger.
MOTION FAILED.
Councilman Wertzberger moved that
the communication be received and
filed and City Solicitor's recommenda-
tion be approved. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilmen Tully moved that the
Manager's previous recommendation be
approved. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Stack is, Tully, Wertzberger.
Nays - Councilman Brady.
Communication of Water Supt. J.J.
Hail submitting a statement relative to
an average pressure of approximately
sixty pounds in the Fulton, Monroe,
King Street area, containing proposed
468
Special Session, September 13, 1976
methods of correction, but would
prevent treating all water users on an
equal basis, presented and read. Coun-
cilman Brady moved that the commun-
ication 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 Airport Commis-
sion submitting a list of high priority
items; Master Planning; 3" overlay
RWY 18-36; Six Mobile Radios; Electric
Security gate for a total of $435,787.00,
and requesting support for local share
funding in the amount of $24,714.35:
State Share $21,564.35, presented and
read. Councilman Brady moved that the
communication be received and filed
and Mayor be authorized to enter into
agreement; and authorize additional
$3,150 to be joined with funds approved
for a total of $24,714.35. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilman
Brady, Stackis, Tully, Wertzberger.
Nays-None.
September 10, 1976
To the Honorable Mayor and
Members of the City Council
We are hereby submitting a list of
Agricultural Land Tax Credit properties
located within tbe City and that have
applied for credit on properties that are
used for Agricultural of Horticultural
purposes.
This list must be filed with the County
Auditor for proper execution for the
benefit of refund from the State.
Agricultural lands as used in Chapter
426.2 shall include all tracts of land of
ten acres or more, and not laid off into
lots of less than ten acres or divided by
streets and alleys into parcels of less
than ten acres, lying within any school
corporation in this State and in good
faith used for agricultural or horticul-
tural purposes.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed
and approved and City Clerk authorized
to file with County Auditor. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
September 10, 1976
Honorable Mayor
and City Council
I recommend your favorable Con-
sideration of the proposed traffic ordin-
ance amendment to require southbound
vehicles on Windsor Avenue to stop at
Davis Street. In support of this recom-
mendation I have attached a letter from
Acting Chief Jenaman.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that the
communication be received and filed.
Seconded by Mayor Lundh. Carried hy
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 45-76
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
TRAFFIC CODE OF THE CITY OF
DUBUQUE, IOWA, BY ADDING A NEW
SUBSECTION 12 TO SECTION F OF
SCHEDULE III THERETO TO STOP
SOUTHBOUND TRAFFIC ENTERING
THE INTERSECTION OF WINDSOR
AVENUE AND DAVIS STREET,
presented and read. Councilman Brady
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Mayor Lundb.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Councilman Brady moved that the
rule requiring an Ordinance to 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. 45-76
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
TRAFFIC CODE OF THE CITY OF
DUBUQUE,IOWA, BY ADDING, A NEW
SUBSECTION 12 TO SECTION F OF
SCHEDULE III THERETO TO STOP
SOUTHBOUND TRAFFIC ENTERING
THE INTERSECTION OF WINDSOR
AVENUE AND DAVIS STREET.
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1. That Ordinance No. 33-49
known as the Traffic Code of the City of
Dubuque, Iowa, be and the same is
hereby amended by adding a new Sub.
Special Session, September 13, 1976
469
section 12 to Section F of Schedule III
thereto as follows:
"F Southbound vehicles must stop
before entering the intersection of
12. Windsor Avenue and Davis
Street."
Pnssed, approved and adopted this
13th day of September, 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
Herold Newspaper this 16th day of Sep-
tember 1976.
Leo F. Frommelt
City Clerk
It9116
Councilman Brady moved final adop-
tion of the Ordinance. Seconded by
Mayor Lundh. 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 ther-
eof: by repealing Subsection c. 5 of
Section 4 thereof and enacting a new
Subsection c. 5 of Section 4 in lieu ther.
eof; 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
reading just had be considered the first
reading of the Ordinance. Seconded by
Councilman Brady. Carried by tbe 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 Brady. Carried by the fol-
iowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Stackis moved that a
public hearing be held on the Ordinance
on October 4, 1976, at 7:30 o'clock P.M.
in the Council Chamber at the City Hall
and that the City Clerk be instructed to
published notice of the hearing as
required by law. Seconded by Council.
man Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Petition of Dubuque Men's Recrea-
tion Ass'n. requesting the City to
provide approx. 35 acres to erect 8 soft-
ball complex, presented and read.
Councilman Wertzberger moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Harry Bemis addressed the Council
relative to softball complexes.
Councilman Wertzberger moved that
the petition be received and filed and
referred to Council and that the City
Clerk send letters to Park Board and
Recreation Commission advising of a
joint meeting to be held on September
29, 1976 at 7:00 o'clock P.M. Seconded
hy Councilman Tully. Carried by the
following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Petition of Dubuque Senior High
School requesting a parade permit for
October 14th and fireworks permit for
October 15th at Homecoming game,
presented and read. Councilman Brady
moved that the request be received and
filed and approved subject to final ap-
proval of the City Manager. Seconded
by Councilman Wertzherger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
Communication of Acting Ass't. City
Manager asking for permission to
charge. off uncollectable rents in the
Downtown Urban Renewal Project and
A RESOLUTION authorizing the
charge-off of accrued delinquent rentals
for the Downtown Urban Renewal -
Project Iowa R-15, presented and read.
Councilman Brady moved that the
communication and resolution be
referred to the next Council Meeting.
470
Special Session, September 13, 1976
Special Session, September 13, 1976
471
Seconded by Councilman Wertzberger.
Carried' by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzherger.
Nays - None.
September 10, 1976
Honorable Mayor
and Councilmen
We herewith transmit the revised
Resolution of approval for the final plat
of Lots I througb 13, inclusive, of West
Ridge Addition, a southwesterly exten-
sion of Kane Court, in the City of
Dubuque, Iowa.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
City Planner
Councilman Brady moved that the
communication be received and filed.
Seconded by Councilman Stackis. Car-
ried hy the following vote:
Yeas- MayorLundh,Brady, Stackis,
Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 333-76
Resolution approving the Plat 01
Lots 1-13 Inclusive all in West
Ridge Second Addition In the City
01 Dubuque, Iowa
WHEREAS, tbere has been filed with
the City Clerk a plat in which:
LotlofAof20f20f20fiofl
of I of I of! of Clarence Arlen Place
and Lot I of9,Lotl of 10 Lot I of 11
and the North 70 feet of Lot 12 of
Block I of West Ridge Addition all
in the City of Dubuque, Iowa, is
platted as
Lot 1-13 inclusive of West Ridge Second
Addition in the City of Dubuque,
Iowa,
by Delbert Miller as Owner thereof; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and approved by said
body: and
WHEREAS, upon said plat appears
streets to be known as Kane Court, and
also easements for puhlic utilities which
the Owner upon said plat has dedicated
to public forever; and
WHEREAS, said plat has been found
by the City Council to conform to the
statutes and ordinances relating tbereto
except that the streets have not been
reduced to grade or paving, sewer,
water or sidewalks installed tberein;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the dedication of
Kane Court together with the ea-
sements for public utilities all as the
same appears upon said plat; be and the
same are hereby established as public
streets in the City of Dubuque:
Section 2. That the plat of the sub-
division of Lot I ofAof2of2 of20fl of
I of I of 1 of 1 of Clarence Arlen Place
and LotI of9, Lot I of!O, Lot I of 11 and
the North 70 feet of Lot 12 of Block I of
West Ridge Addition all in the City of
Dubuque, Iowa, and which will her-
eafter be known as Lots 1-13 inclusive,
of West Ridge Second Addition in the
City of Dubuque, Iowa, is hereby ap-
proved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque upon said plat providing the
Owner of said property, hereinbefore
named, executes written acceptance
hereto attached, agreeing:
a. To reduce Kane Court and to grade
as shown by the profiles submitted
with the plat.
b. To suñace Kane Court a width of 27
feet with 8" rolled stone base with 2%"
bituminous concrete surface. All of
the foregoing shall he constructed
according to the latest City of
Dubuque specifications.
c. To install sidewalks on both sides of
Kane Court in accordance with the
City of Duhuque Standard Specifica.
tions for Permanent Sidewalks.
d. To install water mains in accordance
with plans submitted with this plat.
e. To install sanitary sewers in accor-
dance with plans submitted with this
plat.
f. To install storm sewers and catch
basins in accordance with plans sub-
mitted with the plat.
g. To install the sanitary sewer and
water house laterals for each lot to
behind the property lines.
h. To construct the foregoing im-
provements in accordance with plans
and specifications approved by the
City Manager and under the inspec-
tion of the City Engineer.
i. To maintain all street improvements
and sewer and water mains for a per-
iod of four (4) years from the date of
its acceptance.
j. To install in accordance witb City
Specification, boulevard street light-
ing within thirty (30) days after tbe
completion of the adjacent curb and
gutter within any particular section of
the proposed subdivision.
k. To construct said improvements
prior to December 31,1978.
I. To provide tbe foregoing construc-
tion and maintenance at the expense of
the Owner.
and furtber provided that Delbert
Miller, as Owner of said subdivision
secured the peñormance of the forego-
ing conditions by providing security in
such sums and with such sureties as
may be acceptable to the City Manager.
Section 3. That the owner does ack-
nowledge and voluntarily agree as a
condition precedent to the approval of
the plat of Lots I thru 13, inclusive, of
West Ridge Second Addition, that a
double-width driveway and double gar-
age shall be installed at each single-
family residence as he or his successors
may hereafter erect within the subdivi-
sion, and does further acknowledge the
intent of the City ofDubuque to prohibit
parking of vehicles upon Kane Court as
such appears upon the plat, and that the
foregoing conditions are granted in
acknowledgement of the modifications
of minimum street width prescribed in
Ordinance No. 65-57, heing the Subdivi-
sion Ordinance of the City of Dubuque,
Iowa.
Section 4. That In the event Delbert
Miller shall fail to execute the accep-
tance and provide security provided for
in Section 2 hereof within forty-five (45)
days from the date of this Resolution,
the provisions hereof shall be null and
void and the acceptance of the dedica-
tion and approval of the plat shall not be
effective.
Passed, adopted and approved by
recorded roll call vote this 13th day of
September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
To Leo F. Frommelt, City Clerk
This is to certify that the security
required for the foregoing Resolution
333.76 has been provided by the Owner.
Dubuque, Iowa October 26,1976
Gilbert D. Cbavenelle
CityManag~
ACCEPTANCE OF RESOLUtION NO.
333-76
Delbert Miller, having read the terms
and conditions of the foregoing Resolu-
tion 333-76, and being familiar with the
contents thereof, hereby accepts the
same and agrees to perform the condi.
tions therein required.
Delbert Miller
Dated: October 26; 1976
Councilman Brady 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.
September 10, 1976
To the Honorable Mayor
and City Council
This is to advise you that the demoli-
tion and removal of the Naval Reserve
Buildings has been completed in accor-
dance with the City of Dubuque plans
and specifications. The garage is to be
left at the request of J.P. Cullen & Sons
for their use during construction of the
Water Treatment Plant facility, with the
stipulation that they will remove the
structure when they finish with it.
I therefore recommend the accep-
tance of the above named project.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Final Estimate
RESOLUTION NO. 334-76
WHEREAS, the contract for the
Demolition and Removal of the Naval
Reserve Buildings and Garage has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices, inspection, and
preparing the assesment and plat, now
therefore.
BE IT RESOLVED, hy the City Coun-
cil of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $2,450.
That -0- of the cost thereof shall be
assessable upon private property and
$2,450 shall be paid from the Water
Department Construction Fund of the
City of Dubuque.
Passed, adopted and approved this
13th day of September, 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 hy Council-
472
Special Session, September 13, 1976
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzherger.
Nays-None.
(A Resolution Accepting Improvement)
RESOLUTION NO. 335-76
WHEREAS, the contract for the
Demolition and removal of the Naval
Reserve Buildings and Garage has been
completed and the City Manager has
examined the work and filed his cer-
tificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance, now
therefore,
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Manager
be approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is herehy
directed to pay to the contractor from
the funds in the Water Department
Construction Fund.
Passed, adopted and approved this
13th day of September, 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 resoiution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 336-76
Authorizing the publication 01 no-
tice 01 Sale 01 Project Notes (Filth
Series 1976) and the receiving 01
Proposals lor the Sale 01 Seid
Notes lor the Downtown Urban
Renewal Project,lowa R-15
WHEREAS, under date of July 26,
1967, the City of Dubuque entered into
a Loan and Capital Grant Contract for
the undertaking of the Downtown Ur-
ban Renewal Project, Iowa R-15: and
WHEREAS, under date of July 3,
1972, the Council of the City of
Dubuque adopted Resolution No.
213-72 authorizing to be issued, from
time to time, Project Notes in connec-
tion with tbe Downtown Urban
Renewal Project, Iowa R-15; and
--
WHEREAS, under date of June 7,
1976, the Council of the City of
Dubuque, authorized the issuance and
sale of its Project Notes in the ag-
gregate amount of $384,000 to finance
certain undertakings in connection
with the Downtown Urban Renewal
Project, Iowa R-15; and
WHEREAS, in order to refinance a
portion of said outstanding Project
Notes, it is necessary for the City of
Dubuque to sell Project Notes (Fifth
Series 1976) totaling $274,000: now
therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That the City Clerk be and
he is hereby authorized and directed to
publish according to law, "Notice of
Sale - Project Notes" in the form of
Exhibit "A" attached hereto and made a
part hereof.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
accept and tahulate proposals for the
sale of said notes and to send telegrams
of acceptance to the low bidder or bid-
ders all in accordance with instructions
covering such transactions as provided
by the Department of Housing and Ur-
han Deveiopment, United States of
America.
Section 3. That a meeting of the
Council of the City of Dubuque shall be
held after the bid opening date of Oct.
13, 1976, to adopt such resolution or
resolutions necessary for the consum-
mation of the sale of Project Notes
(Fifth Series 1976) to the lowest bidder
or bidders.
Passed, approved and adopted this
13th day of Septemher, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
NOTICE OF SALE - PROJECT
NOTES
City of Duhuque, Iowa
(Issuing Agency)
Sealed proposals will he received by
the City of Dubuque, Iowa (herein
called the "Local Issuing Agency") at
City Hall, 13th and Central in the City of
Dubuque, State of Iowa 52001, until and
publicly opened at, I o'clock P.M.
(E.S.T.) on October 13, 1976, for the
purchase of $274,000 of Project Notes
(Fifth Series 1976), being issued to aid in
Special Session, September 13, 1976
473
financing its project(s) as follows:
Amount
$274,000
Series Maturity
Fifth-1976 March 25, '77
The Notes will be dated November 9,
1976, will be payable to bearer on the
Maturity Date, and will bear interest at
the rate or rates per annum fixed in the
proposal or proposals accepted for the
purchase of such Notes.
All proposals for the purchase of said
Notes shall be submitted in a form ap-
proved by the Local Issuing Agency.
Copies of such form of proposal and
information concerning the Notes may
be obtained from the Local Issuing
Agency at the address indicated
above. Detailed information with re-
spect to the conditions of this sale may
be obtained from the September 28,1976
issue of The Daily Bond Buyer.
City of Dubuque, Iowa
By: Leo F. Frommelt
City Clerk
2t-9/28-10/5
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.
September 17, 1976
To the Honorable Mayor
and City Council
I hereby submit the plans and
specifications for the Eleventh Street
Steps and the Jefferson Park Steps.
Gilbert D. Chavenelle
City Manager
Councilman Tully 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.
(Neceasity lor Improvement)
RESOLUTION NO. 337-76
WHEREAS, proposed plans,
specifications, and form of contract
have been duly prepared and approved
by the City Council of the City of
Dubuque, Iowa, and are now on file in
the office of the City Clerk showing
among other things the following:
1. The plan of such improvement
2. An estimate of the cost of the
improvement
for the construction of the Eleventh
Street Steps and Jefferson Park Steps.
BE IT THEREFORE RESOLVED that
the City Council on its own motion,
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,
ohjections to the amount of the cost of
the improvement, they shall he deemed
to have waived all objections thereto.
Said improvement shall be construct-
ed and done in accordance with the
plans and specifications which have
been approved by the City Council and
are now on file with the City Clerk. That
the cost and expense of making said
improvement will be paid from the
Community Development Block Grant
Fund.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 13th day of Sep-
tember, 1976.
Approved and placed on file for final
action.
Alvin E. Lundh
Mayor
Tbomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved approval of
the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 338-76
Preliminary Estimates, and approval
of plans, spec., form of contract, etc. for
the construction of the Eleventh Street
Steps and Jefferson Park Steps, in the
estimated amount of $25,204.06, pre-
sented and read. Councilman Tully
moved adoption of the resolution.
Seconded hy Mayor Lundh. Carried by
the following vote:
Yeas - Mayor Lundb, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
(Fixing Date 01 Hearing)
RESOLUTION NO. 339-76
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the
office of the City Clerk for public in-
spection for the construction of the
Eleventh Street Steps and Jefferson
Park Steps.
BE IT THEREFORE RESOLVED that
on the 4th day of October 1976, a public
- - --,. -"-'~"'~"'-"'-ft'5~..4"" .
474
Special Session, September 13, 1976
hearing will be held at 7:30 P.M. in the
Council Chamber of the City of
Dubuque at wbich time the objectors
for the proposed improvement may ap-
pear and make objection to the
proposed plans and specifications and
proposed form of contract, to the cost of
the improvement and the City Clerk be
and he is hereby directed to cause a
notice of the time and place of such
hearing to be published in some new-
spaper published in the City of Dubuque
which shall he not less than ten (10)
days prior to the day fixed for its con-
sideration, and said Clerk is further
instructed to advertise for proposals for
the construction of the aforementioned
improvement.
Passed, adopted and approved this
13th day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Barady
Emil S1ackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 340-76
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 "B" (HOTEL-MOTEL) BEER
AND LIQUOR LICENSE
Inns of Iowa, Ltd., Dubuque, U.S. 20
and Mercer Drive
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
William N. Billikas, 926 Main Street
Passed, adopted and approved this
13th day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Emil S1ackis
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackls, Tully, Wertzherger.
Nays-None.
RESOLUTION NO. 341-76
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 relavant
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 he issued to the
following named applicants a Liquor
License.
CLASS "B" (HOTEL-MOTEL) BEER
AND LIQUOR LICENSE
Inns of Iowa, Ltd., Dubuque, U.S. 20
and Mercer Drive
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
William N. Billikas, 926 Main Street
Passed, adopted and approved this
13th day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil S1ackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 342-76
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 ofthe 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.
Special Session, September 13, 1976
475
CLASS "C" BEER PERMIT
Ralph Grabow, 1050 University Ave.
Randall's International, 2600 Dodge
Street
Passed, adopted and approved this
13th day of September,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 Brady. Carried hy the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 343-76
WHEREAS, applications for Beer
Permits were filed hy 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 "C" BEER PERMIT
Ralph Grabow, 1050 University Ave.
Randall's International, 2600 Dodge
Street
Passed, adopted and approved this
13th day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil S1ackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 344-76
WHEREAS on the 3rd day of January
1966, the City Council of the City of
Dubuque, Iowa, passed and adopted
Resolution No. 5-66 approving of dispo-
sal of interest of the City of Dubuque,
Iowa in and to Lot C vacated Shields
Street from Jones Street to Dodge
Street in the City of Dubuque, Iowa,
subject to existing easements for utili-
ties to Hurd-Most Sash & Door Co., and
WHEREAS Quit Claim of the City of
Dubuque, Iowa dated January 3rd, 1966
conveying said above described real
estate to said Company was delivered,
but same was never recorded and has
been by said grantee lost, misplaced or
unaccountable missing, and
WHEREAS, said grantee proposes to
sell said real estate and has requested
the execution and delivery of a re-
placement deed
NOWTHEREFOREBE ITRESOL VED
by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. The request of Hurd-Most
Sash & Door Co., for the execution and
delivery of a replacement deed to the
real estate above described should he
approved and the Mayor and City Clerk
should be authorized and directed to
execute such replacement deed as
requested and that the City Clerk be
directed to deliver such deed forthwith
after execution.
Passed, adopted and approved this
13th day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil S1ackis
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.
Communication of Durrant, Dein-
inger, Dommer, Kramer & Gordon in-
dicating appreciation for invitation to
submit a proposal on the architectural &
engineering work proposed for Iowa
Street Parking Ramp Addition, present-
ed and read.
George Deininger addressed the
Council on his own behalf relative to
Parking Ramp Addition. Councilman
Stackis moved that the communication
be received and filed. Seconded hy
Councilman Wertzberger. Carried by
the following vote:
476
Special Session, September 13, 1976
Special Session, September 13, 1976
477
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
A Resolution authorizing tbe Execu-
tion of a Contract Amendment with
Barton-Aschman Associates, Inc.. pre-
sented and read at the Council Meeting
of September 7, 1976, presented for
reconsideration. Mayor Lundh moved
to reconsider previous motion of last
week. Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Tully, Wertzberger.
Nays - Councilmen Brady, Stackis.
Mayor Lundh moved to approve
project for application not to exceed
$6,000. to provide work only that is
necessary. Seconded by Councilman
Brady. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 345-76
Authorizing the execution 01 a Con-
tract Amendment with Barton-
Aschman Associates, Inc.
WHEREAS, the firm of Barton-Asch-
man, Inc. has heen retained by the City
of Dubuque to provide certain profes.
sional and technical services in con-
nection with the design of Town Clock
Plaza in the Downtown Urban Project,
Iowa R-15: and
WHEREAS, the City of Duhuque de-
sires to extend their services in order to
prepare the items of work necessary for
the City to proceed with the prepara-
tion of documents necessary to lead to a
successful application for possihle
Federal funds for the design and con-
struction of the Town Clock Plaza. This
does not authorize final design.
NOW, THEREFORE, BE IT RE.
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1, That the City Manager be
and he is hereby authorized and direct-
ed to enter into an amendment to the
contract executed hy and hetween the
City of Dubuque and Barton-Aschman
Associates, Inc. under date of July 18,
1974, at a cost not to exceed $6,000. It is
further understood that the final design
portion of the project when approved
will not exceed $4,000.
Passed, approved and adopted this
13th day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
James E. Brady
Emil S1ackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Lundh moved adoption of the
resolution. Seconded by Councilman
Brady. Carried hy the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays-None.
Abstain - Councilman Wertzberger.
The following list of projects were
presented for consideration by the
Council, for possible Federal funding.
IOWA STREET PARKING RAMP -
To construct three additional levels of
parking on the exisiting Iowa Street
parking Ramp. Estimated Cost:
$1,300,000. Councilman Brady moved
that the City Manager and Mayor be
authorized to sign Design and Engin-
eering Contracts. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
TOWN CLOCK PEDESTRIANWAY
on Main Street from 6th to 5th Street,
To complete all of tbe construction
required to convert the balance of Main
Street located within the Downtown
Urban Renewal Project into a Pedes.
trianway, Estimated Cost: $250,000.
Mayor Lundh moved that the project be
approved. Seconded by Councilman
Brady. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
GREENHOUSE-POTTING HOUSE at
Lincoln and Garfield at the present Park
Office address, Proposing to add an
addition to the greenbouse and to build
a new potting house, Estimated Cost
$119.000. Councilman Tully moved that
the project be approved. Seconded by
Councilman Stackis. Carried by the fol.
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
CITY HALL at Thirteenth Street and
Central Avenue, To renovate/restore
the existing City Hall and adjacent
parking area, Estimated Cost:
$1,000,000. Councilman Tully moved
that the project be approved with a cost
not exceeding $2000. for updating infor-
mation. Seconded by Councilman
Brady. VOTE ON MOTION WAS AS
FOLLOWS:
Yeas - Councilmen Brady, Tully.
Nays - Mayor Lundh, Counciimen
Stackis, Wertzberger.
MOTION FAILED.
CITY GARAGE at Kerper Boulevard
and Eleventh Street, to expand the pre-
sent City Garage and to provide other
related facilities, Estimated Cost
$750,000. Councilman Brady moved to
reject proposal. Seconded by Council-
man Tully. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas - Councilman Brady, Tully.
Nays - Mayor Lundh, Stackis,
Wertzberger.
MOTION FAILED.
Councilman Wertzberger moved to
accept proposal for the City Garage for
no more than $3000. to be spent for
planning up-date. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Stackis, Wertzberger.
Nays - Councilman Brady, Tully.
FOURTH STREET from the Railroad
in downtown Dubuque eastward to the
street's termination at the Floodwall,
Estimated Cost: $500,000. Mayor Lundh
moved to approve the project. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
CEDAR CROSS WATER LINE from
Southwest of the present City Limits
through an area proposed to be volun-
tarily annexed, Estimated Cost:
$150,000. Councilman Brady moved that
the project be approved. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Brady moved to include
the 17th STREET STORM SEWER in
the list of projects. Seconded by Mayor
Lundh. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
There heing no further business,
Councilman Tully 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......
..... 19-
Adopted ................
19-
..................
...............................
...............
................ .............
Councilmen
ATTEST: .........................
City Clerk
478
Special Session, September 27, 1976
CITY COUNCIL
OFFICIAL
Special Session, September 27,
1976.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Lundh, Council.
men Brady, Stackis, Tully,
Wertzberger.
Absent - City Manager Gilbert D.
Chavenelle.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this Meeting is called for the pur-
pose of CONSIDERING ADOPTION OF
A RESOLUTION PROVIDING FOR THE
ADVERTISEMENT OF $3,700,000.
CtVIC CENTER BONDS and acting
upon such other business as may
properly come before a Regular Meeting
of the Council.
RESOLUTION NO. 346-76
Resolution adopting and approv-
ing the execution of an acceptance
01 a Grant Offer Irom the
Administrator 01 the Federel Avia-
tion Administration Acting lor the
United States 01 America to the
City 01 Dubuque,lowa, lor the pur-
pose 01 obtaining Federel Aid in
the Development of the Dubuque
Municipal Airport under Project
No.6-19-0028-02.
BE IT RESOLVED by the City
Council 01 the City 01 Dubuque
Iowa:
Section 1. That the City of Dubuque,
Iowa, shall for the purpose of obtaining
Federal aid in the development of the
Dubuque Municipal Airport, enter into
a Grant Agreement with the United
States of America by executing an ac-
ceptance of a Grant Offer from the
Administrator of the Federal Aviation
Administration, acting for the United
States of America, to the City of
Dubuque, Iowa, that such Grant Offer
shall be set forth hereinbelow under
Section 4.
Section 2. The City of Dubuque, Iowa
does hereby ratify and adopt all sta-
tements, representations, warranties,
covenants, and agreements contained
in the Project Application and in the
nondiscrimination assurances incor-
porated in the said Grant Offer.
Section 3, That the Airport Commis-
sion of the City of Dubuque Iowa, act-
ing tbrough its officer or officers desig-
nated by it to so act, is hereby author-
ized and directed to execute the, ac-
ceptance of said Grant Offer on behalf
of the City of Dubuque, Iowa.
Section 4. That the Grant Offer
referred to hereinabove shall be as fol-
lows: (attachment)
DEPARTMENT OF
TRANSPORTATION
Federal Aviation AdminIstration
GRANT AGREEMENT
Part1-0ffer
Date of Offer, September 22, 1976
Dubuque Municipal Airport
Project No. 6-19-0028-02
Contract No. DOT-FA-76-CE-7846
TO: The City of Dubuque, Iowa (herein
referred to as the "Sponsor"
FROM: The United States of America
(acting through the Federal Aviation
Administration, herein referred to as
ths"FAA")
WHEREAS, the Sponsor has submit-
ted to the FAA a Project Application
dated Septemher 10, 1976, for a grant of
Federal funds for a project for develop-
ment of the Dubuque Municipal Airport
(herein called the "Airport"), together
with plans and specifications for such
project, which Project Application, as
approved by the FAA is hereby incor.
porated herein and made a part hereof;
and
WHEREAS, the FAA has approved a
project for development of the Airport
(herein called the "Project") consisting
of the following-described airport
development:
Resurface and mark runway 18-36;
install electric security gate. All as more
particularly described in the property
map and plans and specifications in-
corporated in the said Project Applica-
tion; and
WHEREAS, this project will not be
completed during Fiscal Year 1976, and
the total estimated cost of completion
will be $379.187:
Councilman Tully moved adoption of
the Resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 347-76
Resolution providing for the
advertisement 01 $3,700,000 Civic
Center Bonds,
WHEREAS at an election duly and
legally called and held on the 17th day
of August, 1976, over sixty percent of
the qualified electors of the City of
Duhuque, Iowa, voting thereon ap-
proved the proposition of issuing bonds
in the amount of $3,700,000 for the pur-
pose of constructing and equipping a
Civic Center and acquiring a site ther.
efor in said City, and It is necessary and
for the best interests of said City that
Special Session, September 27,1976
479
said bonds be offered for sale at this
time in the manner contemplated by
Chapter 75 of the Code of Iowa:
NOW, THEREFORE, BE IT AND IT
IS HEREBY RESOLVED by the City
Council of the City of Dubuque, Iowa,
as follows:
Section 1. That Civic Center Bonds of
said City in the amount of $3,700,000 he
advertised for sale, such bonds to be
dated Novèmher I, 1976, bearing inter-
est payable semiannually on May 1 and
November I of each year, and maturing
in numerical order on May I of each of
the respective years as follows:
Year Amount Year Amount
1978 $ 50,000 1986 $275,000
1979 150,000 1987 275,000
1980 175,000 1988 300,000
1981 200,000 1989 325,000
1982 200,000 1990 325,000
1983 225,000 1991 350,000
1984 250,000 1992 350,000
1985 250,000
and that bids be requested for action
thereon at the Council Cbambers in the
City Hall in said City at 1:00 o'clock
P.M., on the 21st day of October, 1976,
and that the City Clerk be and he is
hereby authorized and directed to pub-
lish notice of such sale once each week
for at least two consecutive weeks in
the "Telegraph-Herald", a newspaper
publisbed and of general circulation in
Dubuque County, Iowa, such adverti-
sement to be in the form customarily
employed for that purpose.
Section 2. That all resolutions or
orders insofar as same may be in con-
fiict herewith be and the same are her-
eby repealed.
Passed and approved September 27,
1976.
Alvin E. Lundh
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
Recorded September 27,1976.
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 46-76
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY REPEALING
SUBSECTION 14 OF SECTION A OF
SCHEDULE IV THEREOF WHICH
LIMITED THE PARKING OF MOTOR
VEHICLES FROM 9:00 A.M. TO 6:00
P.M. ON THE WEST SIDE OF MAPLE
STREET FROM EAST 17th STREET TO
EAST 18th STREET,
presented and read. Councilman Stackis
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman
Brady. 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 wben final action is
taken, be dispensed with. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays-None.
Abstain - Councilman Wertzberger.
ORDINANCE NO. 46-76
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33.49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY REPEALING
SUBSECTION 14 OF SECTION A OF
SCHEDULE IV THEREOF WHICH
LIMITED THE PARKING OF MOTOR
VEHICLES FROM 9:00 A.M. TO 6:00
P.M. ON THE WEST SIDE OF MAPLE
STREET FROM EAST 17th STREET TO
EAST 16th STREET,
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa", as amended, be and the same is
hereby amended by repealing Subseclio
n 14 of Section A of Schedule IV lhereof
and the same is hereby repealed and of
no further force or effecl.
Passed, approved and adopted this
27th day of September. 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 1st day of Oc-
tober 1976.
Leo F. Frommelt
City Clerk
It 10/1
480
Special Session, September 27, 1976
Special Session, September 27, 1976
481
Councilman Stackis moved final
adopilon of the Ordinance. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully.
Nays - None.
Abstain - Councilman Wertzberger.
September 23, 1976
Honorable Mayor
and City Council
I am transmitting herewith a
proposed form of option to purchase
real estate executed by Louis P.
Mihalakis and Margaret V. Mihalakis,
Milton E. Schwartz and Mary Ellen
Schwartz, and Phillip. L. Mihalakis and
Marlene Mihalakis, his wife, and Bryan
G. Mihalakis, divorced and not remar-
ried, as Sellers, and the City of Dubuque,
Iowa, a municipal corporation, as
Buyer. This option is for the purchase of
Block 2 in "Riverfront Subdivision No.
2" in the City of Dubuque,lowa
for the sum of $35,000.00.
Said option payment shall be in the
sum of $1000.00 and in the event the
option is exercised, then an abstract of
title shall be furnished at City's expense
which is estimated by this office in the
approximate amount of $250.00 to
$275.00
I am transmitting said agreement to
you for the reason that the parties have
executed said agreement and after ex.
ecution by the City, it is expected that
we will have same executed by Ecology
Control Corporation.
R.N. Russo
City Attorney
Dock Commissioner Shirley Lang
spoke in favor of the option of purchase.
Dock Board members Wayne Molden.
hauer and William McEllhiney request-
ed purchase be made now. Councilman
Brady moved that the communication
of City Attorney be received and filed.
Seconded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 348-76
Resolution approving Form 01 Option
to Purchase Real Estate
WHEREAS, the City of Dubuque,
Iowa and Louis P. Mihalakis and Mar-
garet V. Mihalakis, his wife, Milton E.
Schwartz and Mary Ellen Schwartz, his
wife, Phillip L. Mihalakis and Marlene
Mihalakis, his wife, and Bryan G.
Mihalakis, divorced and not remarried,
have been negotiating for the sale and
purchase of
Block 2 in "Riverfront Subdivi-
sion No.2" in the City of Dubuque,
Iowa, according to the recorded
plat thereof
and wherein the parties have reduced
the terms of said agreement to a written
option agreement: and
WHEREAS, the Sellers have executed
said option;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Duhuque, Iowa:
Section 1. That the Option to Pur-
chase Real Estate executed by Louis P.
Mihalakis and Margaret V. Mihalakis,
his wife, Milton E. Schwartz and Mary
Ellen Schwartz, his wife, Phillip L.
Mihalakis and Marlene Mihalakis, his
wife, and Bryan G. Mihalakis, divorced
and not remarried, be and the same is
hereby approved.
Section 2. That the Mayor and the
City Clerk be and they are hereby auth-
orized and directed to execute said Op-
tion to Purchase Real Estate for and on
behalf of the City of Dubuque, Iowa.
Passed, adopted and approved this
27th day of September, 1976.
Alvin E. Lundh
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Emil S1ackis
Councilmen
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 47-76
AN ORDINANCE APPROVING AN AN-
NUAL DINNER MEETING AND CON-
FERENCE SHALL BE HELD FOR THE
PURPOSE OF EDUCATION AND AD-
VISING MEMBERS OF BOARDS AND
COMMISSIONS IN THE GENERAL
CONCEPT AND PHILOSOPHY OF
THEIR RESPECTIVE ROLE IN
GOVERNMENT,
presented and read. Councilman
Wertzberger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Councilman Wertzberger 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, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 47-76
WHEREAS, the members of the var-
ious Boards and Commissions of the
City of Dubuque, Iowa are interested
and dedicated citizens serving on said
Boards and Commissions by appoint-
ment of the City Council of the City of
Dubuque Iowa and serve as such with-
out compensation of any nature; and
WHEREAS, the City Council finds
and deems it in the best public interest
that the City should conduct an annual
dinner meeting and conference at which
reowned speaker, or speakers, shall
participate in the furtherance of the
educational and informational philoso-
phies concerning the broad scope and
purposes of governmental activities:
and
WHEREAS, the City Council of the
City of Dubuque, Iowa finds that such
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Brady 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.
September 13,1976
Honorable Mayor and
Members ofthe City Council
On September 13th a check was
received from the Dubuque Area
Chamber of Commerce, dated Sep-
tember IOtb, in the amount of $7,099.10.
Tbis payment is in restoration of ex-
pended city money for expenses for the
Boards and Commissions Dinner in 1974
and 1975.
This payment should clear the city of
any unauthorized expenditure as
reported by the state Auditor.
Gilhert D. Chavenelle
City Manager
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Brady.
annual dinner meeting and conference
is most appropirate and most effective
in educating, aiding and benefiting
those members who serve on the various
boards and commissions of the City of
Dubuque, Iowa in the furtherance of
their functions and duties.
NOW THEREFORE BE IT OR-
DAINED by the City Council of the City
of Dubuque, Iowa:
Section 1. That an annual dinner
meeting and conference shall be held by
the City of Dubuque, Iowa for the pur-
pose of education and advising and
informing the members of the Boards
and Commissions of the City of
Dubuque, Iowa in the general concept
and philosophy of their respective role
in government as relates to their duties
in connection therewith and that the
costs ond expenses of said annual din-
nershall be paid for and be borne by the
City of Dubuque, Iowa and that the time
and date for said Boards and Commis-
sions dinner conference and meeting
shall be on such date of each year as
fixed and established by the City Coun-
cil of the City of Dubuque, Iowa.
Passed, approved and adopted this
27th day of September, 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 1st day of Oc-
tober 1976.
Leo F. Frommelt
City Clerk
It lOll
Councilman Wertzberger moved final
adoption of the Ordinance. Seconded by
Councilman Brady. Carried by the fol.
lowing vote:
Yeas - Mayor Lundh. Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays - None.
There being no further business,
482
Special Session, September 27,1976
483
Regular Session, October 4, 1976
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. Frammelt
City Clerk
Approved .................... 19-
CITY COUNCIL
presented and read. Councilman Tully
moved that the minntes be received and
filed. Seconded by Councilman Wertz.
berger. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tuily, Wertzberger.
Nays-None.
Communication of Community
Development Commission submitting
minutes of their meeting of September
10, 1976, presented and read, Council-
man Tully moved that the minutes be
received and filed. Seconded by Coun.
cilman Wertzberger. Carried by tbe fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady,Stackis, Tnlly, Wertzberger.
Nays - None.
Communication of DMATS submit-
ting minutes of tbe Policy Committee's
meeting of August 26, 1976, Citizen
Advisory Committee's meeting of Sep-
tember I, 1976, and Technical Advisory
Committee's meeting of September 10,
1976, presented and read. Councilman
Tully 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 Housing Rehabili-
lation Commission submitting minutes
of their meeting of September 7, 1976,
presented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Conncilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tnlly, Wertzberger.
Nays - None.
Communication of Airport Commis-
sion submitting minutes of their meet-
ings of September 16, 1976 and Sep-
tember 27, 1976, presented and read.
Councilman Tully moved tbat t.he min-
utes be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lùndh, Conncilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dock Commission
submitting minutes of their meeting of
September 22, 1976, presented and read.
Councilman Tully moved that tbe min-
utes be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
. Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Citizens
- Advisory Commission submitting min-
Adopted........
..... 19-
OFFICIAL
Regular Session, October 4, 1976,
Council met'at 7:30 P,M. (C,D,T,)
Present - Mayor Lundh, Council-
men Brady, Stackls, Tully, Wertz-
barger. City Manager Gilbert D,
Chsvanelle.
Mayor Lundh read the call and stated
that service thereof had been duly made
and this meeting is the REGULAR
MONTHLY MEETING of the Council
called for the purpose of acting upon
sucb business as may properly come
before the Meeting.
A Proclamation proclaiming the 20th
anniversary of the Hungarian Revolu-
tion on October 23,1976 as "Hungarian
Freedon Figbters' Day" was approved
and signed by Mayor LutJdh.
Mayor Lundh proclaimed October 31,
1976 from 5:00 P.M. to 9:00 P.M. as
"Trick or Treat" Day.
Hans Zurcher of the Dnbuque Naval
Training Station presented a flag for the
USS Dubuque.
Petition of Bicentennial Commission
requesting to present final financial
report before, closing books of corpora-
tion, presented and read. Dennis J.
~aughton, Cbairman of Dubuque '76
Inc. 'submitted final financial report of
Dubuque '76 Inc. Councilman Stackis
moved that the petition and report be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by tbe fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
.Brady, Stackis, Tully, Wertzberger.
Nays - None.
Communication of Housing Commis-
sion submitting minutes of their meet-
ingofSeptemher21,I976,presented and
read. Councilman Tully moved tbat the
minutes be received and filed. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Human
Rights Commission submitting minutes
of their meeting of September 9, 1976,
presented and read. Councilman Tully
moved that the minntes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the tollowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Tully, Wertzherger.
Nays-None.
Communication -of Dubuque Transit
Trustee Board submitting minutes of
their meeting of September 2, 1976,
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Councilmen
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City Clerk