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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, ........................... ........................... ............................ .................... .................... Councilmen ATTEST:. ....."............... City Clerk