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1976 October Council Proceedings 482 Special Session, September 27, 1976 Regular Session, October 4, 1976 483 Councilman Stackis moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brody, Stackis, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved .................... 19- CITY COUNCIL OFFICIAL Regular Seaalon, October 4, 1976. Council met'at 7:30 P.M. (C.D.T.) preaent - Mayor Lundh, Council. men Brady, Stackla, Tully, Wertz. berger. City Manager Gilbert D. Chavenelle. Mayor Lundh read the call and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING of the Council called for the purpose of acting upon such 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 Fighters' Day" was approved and signed hy Mayor LuMh. 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 Dubuque 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. !:laughton, Chairman 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 the fol- lowing vote: Yeas - Mayor Lundh, Councilmen .Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Housing Commis- sion submitting minutes of their meet- ing of September 21,1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Human Rights Commission submitting minutes of their meeting of September 9, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of September 2, 1976, Adopted ...................... 19- ........................"""'" ................................ ....................... ..................... Councilmen ATTEST: ............. City Clerk presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 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 the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady,Stackis, Tully, Wertzberger. Nays - None. Communication of DMATS submit- ting minutes of the Policy Committee's meeting of August 26, 1976, Citizen Advisory Committee's meeting of Sep- tember 1, 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- tation 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 Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, 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 that the min- utes be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Ltindh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Dock Commission submitting minutes of their meeting of September 22, 1976, presented and read. Council,!,an Tully moved that the min- utes be received and filed. Secon<led by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen . Brady, Stack is, Tully, Wertzberger. Nays-None. Communication of Dubuque Citizens -Advisory Commission subntitting min- 484 Regular Session, October 4, 1976 utes of their meeting of September 28, 1976, presented an<l read. Councilman Tully moved that the minutes be received an<l filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lun<lh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of September 15, 1976, presented and rea<l. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lun<lh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communications of Iowa D.E.Q. granting water main extension and sewer permits to Asbury Springs 3, pre- sented and read. Councilman Tully moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. October 1, 1976 Honorable Mayor aod Councilmen The City-Council of the City of Dubuque and the Dubuque County Board of Supervisors have adopted a joiot Resoiution No. 214-75, requesting the Iowa Natural Resources Council to undertake a flood plain information study for certain areas within or con- tiguous to the City of Dubuque. We are informed that the flood plain information study has been completed and that representatives of the U.S. Army Corps of Engineers and the Iowa Natural Resources Council now seek an opportunity to present that information to you. We have suggested to them that such a presentation may be possible in the late afternoon of Friday, October 8th, perhaps in conjunction with your brief- ing session. Those agencies have also indicated that the late afternoon or evening of Thursday, October 14th would also be acceptable to them for this presentation. We seek your advise in confirming final arrangements for presentation of the flood plain study. We are also in- formed that the session could easily be concluded in less than an hour. Daniel Dittemore City Planner Councilman Tully moved that the communication be received and filed and meeting be set for October 8, 1976, at 4:15 P.M. in the Council Chambers. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Human Rights Commission relative to accessability for the handicapped, more particularly to attend Council meetings, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Council. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Presentation by the Mayor of a for- mat for Council Proceedings as set for publication by the Clerk, presented for discussion. Councilman Tully moved that the format be referred to the City Clerk for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Louis Mihalakis et al submitting second exercise of five Yearly renewal options forone year from 1-1-77 to 12.31-77 on former City Garage, for rental, presented and read. Mayor Lundh moved that the commun- ication be received and filed and City Manager and City Clerk be authorized to sign. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of State Farm & Ca- sualty Co. filing their Casualty Fidelity and Surety Certificate of Authority to do business in Iowa, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stack is, Tully, Wertzberger. Nays-None. Communication of Mayor's Industrial Committee submitting an application from Dubuque Screw Products Inc. for purchase of Lot 5 Block 1 in Riverfront Sub. No.5, 1.0517 acres $21,954.24 recommending sale thereof, presented and read. Councilman Wertzberger moved to suspend the rules to let anyone present Regular Session, October 4, 1976 485 address the Council if they so desire. Seconded by Councilmao Brady. Car- ried by the following vote: - Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Bob Dorothy of Mayor's 1ndustrical Committee addressed the Council ad- vising to sell the present iand at the prices set out; Not to subsidize remain- ing industries in the Industrial Island. Councilman Wertzberger moved that the recommendation to sell be approved and communication referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Community Development Commission submitting a map indicating the residence locations of the present members of the Commis- sion, presented and read. Councilman Wertzberger moved that the communication be received and filed and referred to Council. Seconded by Mayor Lundh. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Conncilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communièation of Community Development Commission submitting recommen<lations for use of monies in 1976-77 Program for Hill Neighborhood Area; 4th Street Community Develop- ment Project Area and Washington Park Restoration, presented and read. Waiter Pregler: Chairman of Com- muoity Development Commission, ad- dressed the Council stating the Com- mission is anxious to get projects under way. Councilman Tully moved that the communication be received and filed and recommendations be approved. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Community Development Commission requesting a change of their organizational structure as to expiration dates of one, two, aod three year appointees, presented and read. Councilman Wertzberger moved that the communication be received and filed, request be approved and com- munication referred for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of YMCA-YWCA addressed to Mr. Dunn, Chairman of City Development Board advising that the YMCA camp is not to be sold for development as the result of possible annexation consideration, presented and read. Councilman Wertzberger moved that the communication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Public Notice that the City has made application to the Econ- omic Development Administration for funding Expansion of Iowa Street Park- ing Ramp, Construction of 17th Street Storm Sewer, Construction of Green- house, Restoration of City Hall, Expan- sion of City Garage, Reconstruction of a portion of Fourth Street, and Construc- tion of Cedar Cross Road Water Line, presented and read. Councilmen Tully moved that the proof of publication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays - None. September 17,1976 To the Honorable Mayor and Members of the City Council We enclose a copy of the report on the cost of Project No. WS-Iowa-99 as prepared by the accouoting firm of O'Connor, Brooks & Co. This project was finaoced in part by the U.S. Department of Housing and Urban Development aod covered the following construction items, all of which have been completed and ac- cepted by the City. Park Hill Water Main Extension 32nd Street Water Main Extension Highway 20 Water Main Extension Water Plant Modernization South Dubuque Interceptor Sanitary Sewer Center Grove Interceptor Sanitary Sewer Gilbert D. Chavenelle City Manager Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the foliowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 486 Regular Session, October 4, 1976 September 24, 1976 Honorable Mayor and City Council [ 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 August [976. 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. September 28, 1976 To the Honorable Mayor and City Council Mr. L. R. Sanfter of Modern Building Systems has requested the installation of two street lights along Hillcrest Road, adjacent to their new development. The City Electrical Inspector has met with Mr. Sanfter and reviewed the loca- tion. The Inspector recommends that two 175 watt mercury vapor fixtures be installed as requested. It is requested that you approve the installation of these lights. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed and request be approved. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis. Tuily, Wertzberger. Nays-None. Notice of Claim of Janaan Mills, in behalf of Jennifer L. Mills, a minor, for personal injurie~ received by said minor, in the amount of $70.. at Allison Hen- derson Park 00 June 1, 1976, presented an<l read. Councilman Tuily moved that the Notice of Claim be referred to the City Attorney for proper proceedings- Seconded by Councilman Wertzberger- Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of Mrs. Gloria Len- stra, in an undetermined amount, for personal property damage as the result of wet paint on a parking meter post at 9th Street Parking Lot on September 16, 1976, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of J. Robert Alvis JfJ in the amount of $15.00, for car damag~ incurred as the result of a faulty en. trance arm at the Locust Street Parking Ramp on September 8, 1976, presented and read. Councilman Tully moved that the Notice of Claim be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger, Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of American Interinsurance Exchange, being subrogation rights, as the result of theft of a motor an<l gas tank from a motor boat owned by Keith Marugg, their insured, in the amount of $175., on June 27, 1976, presented an<l read. Councilman Tully moved that the Notice be referred to the City Attorney for proper proceedings. Seconded by Councilman Wertzberger. Carried by the foil owing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulI,y, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher of Notice of Public Hear- ing to consider sewage rates and charges increases, 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 flIed. Seconded by Councilman Tully. Carried by the foilowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO. 48-76 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 SUB- SECTION b. OF SECTION 4 THEREOF AND ENACTING A NEW SUBSECTION b. OF SECTION 4 IN LIEU THEREOF; BY REPEALING SUBSECTION c. 5 OF SECTION 4 THEREOF AND ENACT- ING A NEW SUBSECTION c. 5 OF SECTION 4 IN LIEU THEREOF; BY REPEALING SECTION 8 THEREOF AND ENACTING A NEW SECTION 81N LIEU THEREOF TO PROVIDE FOR REVISION OF SCHEDULE OF RATES, TO PROVIDE FOR MINIMUM SEWAGE RENTAL CHARGES AND TO PROVIDE FOR PENALTY FOR FAILURE TO PAY Regular Session, October 4, 1976 487 SUCH CHARGES; AND REPEALING ORDINANCE NO. 65-58, ssid Ordinance having been previously presented and read at the Council Meeting of September 13, 1976, present- ed for final adoption. ORDINANCE NO. 48-76 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 SUB- SECTION b. OF SECTION 4 THEREOF AND ENACTING A NEW SUBSECTION b. OF SECTION 4 IN LIEU THEREOF; BY REPEALING SUBSECTION c. 5 OF SECTION 4 THEREOF AND ENACT- ING A NEW SUBSECTION c. 5 OF SECTION 4 IN LIEU THERE OF; BY REPEALING SECTION 8 THEREOF AND ENACTING A NEW SECTION 81N LIEU THEREOF TO PROVIDE FOR REVISION OF SCHEDULE OF RATES. TO PROVIDE FOR MINIMUM SEWAGE RENTAL CHARGES AND TO PROVIDE FOR PENALTY FOR FAILURE TO PAY SUCH CHARGES; AND REPEALING ORDINANCE NO. 85-68. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That Ordinance No. 35-57 be and the same is hereby amended by repealing Subsection a. of Section 4 thereof and enacting a new Subsection a. of Section 4ln lieu thereof as foilows: "Section 4 a. Basic Charges: The sewage rates and charges shall be based on the quantity of water used In or in the property or premises, as the same is measured by the water meter there in use. except as herein otherwise stat- ed. Water meters will be read monthly (or a period equalling once every month) or bimonthly (or a period equalling once every two months). Payment for the sewage service charge shall be paid to the City's collection agent at the same time payment is made for water service. Section 2. That Ordinance No. 35-57 be and the same is hereby amended by repealing Subsection b. of Section 4 thereof and enacting a new Subsection b. of Section 4 in lieu thereof as follows: "Seotion 4 b. Schedule of Rates Monthly Rates First 200 cubic feet $ .90; Next 800 cubic feet at $ .45 per hundred cobia feet; Next 1,000 cubic feet at $ .39 per hundred cubic feet; Next 1,000 cubic feetat$.35perhundredcublcfeet; Next 12,000 cublo feet at $ .31 per hundred cubic feet; Next 35,000 cubic feet at $ .29 per hundred cubic feet; Next 50,000 cubic feet at $ .27 per hundred cubic feet; Balance at $ .22 per hundred cubic feet. BimonthQ> Rates cu~:~s~:: ~~~l~¡;e~~~~~:~~t ~~~ feet; Next 2,000 cubic feet at $ .39 per hundred cubic feet; Next 2,000 cubic feet at $ .35 per hundred cubic feet; Next 24,000 cubic feet at $ .31 per hundred cubic feet; Next 70,000 cublo feet at $ .29 per hundred oubic feet; Next 100,000 cubic feet at $ .27 per hundred cubic feet; Bolance at $ .22 per hundred cubic feet. Section 3. Thot Ordinance No. 35-57 be and the same is hereby amended by repealing Subsection c. 5 of Section 4 thereof and enacting a new Subsection c. 5 of Section 4 in lieu thereof, as follows: "Section 4 c.5 In order that the rotes and 'charges may be modestly and equitably adjust- ed to the service rendered, the City sholl have the right to base its charges not only on volume but also on the strength of chorocter of the sewage and wastes deposited in the system by the oon- tributor. The City s/1all hove the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's sanitary sewage system, in suoh manner and by such methods as It may deema practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with individual controct ba- sis when concentrotion of the sewage exceed 300 milligroms per liter of bio- chemical oxygen demand, 350 milli- groms per liter of suspended solids or 2" or more of the flow rote into the sewage treatment plant." Sactlon 4 c.7 "Where the quantity of water con- sumed is such that the minimum water service is charged, the minimum sewer service chorge, according to the size of the meter, sholl be as follows: Monthly Rates %" meter, minimum charge $ .90 al- lowance 200 cubic feet; * meter, min. imum chorge $3.60 allowance 800 cubic feet; 1" meter, minimum charge $5.75 allowance 1,300 cubic feet; 1W' meter, minimum charge $8.75 allowance 2,100 488 Regular Session, October 4, 1976 cubic feet; I!ó" meter, minimum charge $/0.75 allowance 2,6O/J oubic feet; 2" meter, minimum charge $17.50 al- lowance 4,6O/J cubic feet; 3" meter, min- imum charge $35.1;0 allowance /O,6O/J cubic feet; 4" meter, minimum charge $54.50 allowance 16,8O/J cubic feet; 6" meter, minimum charge $112.50 al- lowance 36,800 cubic feet; 8" meter, minimum charge $184.50 allowance 62,5O/J cubic feet. Bimonthly Rates %" meter, minimum charge $1.80 al- lowance 4O/J cubic feet; %" meter, min- imum charge $7.20 allowance 1,600 cubic feet; 1" meter, minimum charge $11.50 allowance 2,6O/J cubic feet; E4" meter, minimum charge $17.50 al- lowance 4,200 cubic feet; IW' meter, minimum charge $21.50 allowance 5,300.oubic feet; 2" meter, minimum charge $35.O/J allowance 9,3O/J cubic feet. . Section 5. That Ordinance No. 35-57 be and the some is hereby amended by repealing Section 8 thereof and enacting a new Section 8 In lieu thereof, as follows: "Section 8. Failure to Pay. The City shall have a lien upon the real properly served by the sanitary system for all delinquent rates and charges. Bills for sewage oharges shall be <lelinquent when same are unpaid for fifteen (15) days following the due date and if not paid, a penalty of five (5) per cent sholl be added to the sewage rental bill, but such penalty shall not be less than $ .50. T/w City Clerk shall certify within ten (/0) days of the following dates, to the Dubuque County Auditor for collection with and in the same manner as property taxes and to establish the real property liens, all rates and charges which are delinquent over fifteen (15) days on the first day of March, June, September and December." Section 6. That Ordinance No. 65-68 be and the same is hereby repealed. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brody EmilStackis Councilmen AITEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Dc. tober, 1976 Leo F. Frommelt City Clerk 11 /0/7 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. September 14, 1976 Honorable Mayor and City Council I recommend for your favorable con- sideration an amendment to the traffic ordinance which would require vehicles traveling on Langworthy to stop at Nevada and Booth. Also, I recommend amendments to the parking meter ordinance permitting 10 hour meters on the north side of Fourth Street between Locust and Bluff, and one hour meters on the south side of Ninth Street between Locust and Bluff. I have attached lètters of Acting Chief Jenaman in which he explains the proposed changes. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 49-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 30 AND A NEW SUBSECTION 31 TO SECTION A OF SCHEDULE III THERETO TO STOP EAST AND WEST BOUND VEHICLES BEFORE ENTERING THE INTERSEC- TIONS OF LANGWORTHY AND BOOTH, AND LANGWORTHY AND NEVADA STREETS, PRESENTED AND READ. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is - Regular Session, October 4, 1976 489 taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 49-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 30 AND A NEW SUBSECTION 31 TO SECTION A OF SHCEDULE III THERETO TO STOP EAST AND WEST BOUND VEHICLES BEFORE ENTERING THE INTERSEC- TIONS OF LANGWORTHY AND BOOTH, AND LANGWORTHY AND NEVADA STREETS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA, AS FOLLOWS: 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- section 30 and a new Subsection 31 to Section A of Schedule III thereto as follows: "Section A. East-bound and west- bound vehicles must stop before enter- ing the Intersection of: 30. Langworthy and Nevada 31. Langworthy and Booth." Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Teiegraph Herald Newspaper this 7th day of Oc- tober, 1976. Leo F. Frommelt City Clerk 11 /0/7 Councilman Stackis moved final adoption of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stack is, Tully, Wertzberger. Nays - None- ORDINANCE NO. 50-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37.65 KNOWN AS THE "STREET PARKING METER ORDIN- ANCE OF DUBUQUE, IOWA", AS AMENDED BY REPEALING SUBSEC- TION 6.3.9 OF SECTION 6,3 OF PARK- ING METER DISTRICT C THEREOF AND ENACTING A NEW SUBSECTION 6.3.9 OF SECTION 6.3 PARKING METER DISTRICT C. IN LIEU THER. EOF TO LIMIT THE PARKING OF MO. TOR VEHICLES ON STREET HEREIN- AFTER DESIGNATED, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or- dinance. Secooded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Councilman Stackis moved that the rule requiring an Or<linance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully. Wertzberger. Nays-None. ORDINANCE NO. 50-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37-65 KNOWN AS THE "STREET PARKING METER ORDIN- ANCE OF DUBUQUE, IOWA," AS AMENDED BY REPEALING SUBSEC- TION 6.3.9 OF SECTION 6.3 PARKING METER DISTRICT C THEREOF AND ENACTING A NEW SUBSECTION 6.3.9 OF SECTION 6.3 PARKING METER DISTRICT C. IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREET HEREIN- AFTER DESIGNATED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That Ordinance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa," be and the same is hereby amended by repealing Subsection 6.3.9 of Section 6.3 Parking Meter District C and enacting a new Subsection 6.3 Parking Meter Dis- trict C in lieu thereof as follows: "6.3 Parking Meter District C 6.3.9 Fourth Street. Both sides between Locust and Bluff Streets." Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen 490 Regular Session, October 4, 1976 ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc- tober, 1976. Leo F. Frommelt City Clerk 1tIO/7 Councilman Stackis moved final ~~'::'n~?l~~nt~u~~~i~~~~:~~o~~~f~~ I lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. ORDINANCE NO, 51-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37-65 KNOWN AS THE "STREETS PARKING METER ORDIN. ANCE OF DUBUQUE, IOWA", AS AMENDED BY REPEALING SUBSEC. TION 6.1.9 OF SECTION 6.1 PARKING METER DISTRICT A THERETO AND ENACTING A NEW SUBSECTION 6.1.9 OF SECTION 6.1 PARKING METER DISTRICT A IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREETS HEREIN- AFTER DISIGNATED, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Or-' dinance. Seconded by Mayor Lundh. tarried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to th 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. 51-76 AN ORDINANCE AMENDING ORDIN- ANCE NO. 37-65 KNOWN AS THE "STREET PARKING METER ORDIN- ANCE OF DUBUQUE, IOWA", AS AMENDED BY REPEALING SUBSEC- TION 6.1.9 OF SECTION 6.1 PARKING METER DISTRICT A IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREETS HEREIN- AFTER DESIGNATED. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa," be and the same Is hereby amended by repealing Subsection 6.1.9 of Section 6. I Parking Meter District A in lieu thereof as follows: "6.1 Parking Meter District A 6.1.9 Ninth Street, Northslde between Iowa and Locust Streets, and the South side between Locust and Bluff Streets." Passed, approved and adopted this 4th day of October, 1976 Aivin 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 7th day of Oc- tober, 1976. Leo F. Frommelt City Clerk 1tIO/7 Councilman Stackis moved final adoption of the Ordinance. Seconded by Mayor Luhdh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing amending Zoning Ordinance to in- clude posting and notice to abutting property owners on matters subject to the issuance of a conditional use perroit, 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 Tully moved that the proof of publica- tion be received and filed. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. S2-76 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN- ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA", BY REPEALING SECTION 6-106.3 OF AR- TICLE VI THEREOF AND ENACTING A NEW SECTION 6.106.3 OF ARTICLE VI IN LIEU THEREOF, TO INCLUDE THE POSTING OF PROPERTY AND NO- TICE TO ABUTTING PROPERTY OWNERS ON MATTERS SUBJECT TO Regular Session, October 4, 1976 THE ISSUANCE OF A CONDITIONAL USE PERMIT, said Ordinance having been previously presented and read at the Council meeting of September 7, 1976, presented for final adoption. ORDINANCE NO. 52-76 AN ORDINANCE AMENDING AND CHANGINE ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDIN. ANCE AND ZONING MAP OF THE CI- TY OF DUBUQUE, IOWA," BY REPEALING SECTION 6-106.3 OF AR- TICLE VI THEREOF AND ENACTING A NEW SECTION 6-106.3 OR ARTICLE VI IN LIEU THEREOF, TO INCLUDE THE POSTING OF PROPERTY AND NO. TICE TO ABUTTING PROPERTY OWNERS ON MATTERS SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", be and the same is hereby amended by repealing Section 6-106.3 of Article VI thereof and enacting a new Section 6-106.3 in lieu thereof, as follows: "ARTICLE VI Section 6-106.3 Notice and Hearing on An Application for a Conditional Use Permit Following receipt of the completed application form and all additional information required by the Board from the applicant pursuant to Section 6-106.2 of this Article, the Board shall with due diligence hoid a public hearing to consider the application for a Conditional Use Permit. Notice of the time and place of the public hearing shall be pub- lished in the newspaper of general circulation at least fifteen (15) days prior to such hearing. The Board shall send notice of the time and place of the hearing by certified mail to all owners of property abutting the property for which the Conditional Use is sought, and further, shall past the property, no less than fifteen (IS) days prior to the hearing, with the prominent placement of a sign noting Condi- tional Use Permit pending and the time and place of the hearing. However, where the notice and hearing requirements of this Article are in excess of that required by State law, such requirements are intended to be directory only and not mandatory or jurisdictional, and a failure to meet such extra procedural requirements shall not invalidate any action subsequently taken by the Board. At the public hearing all Interested parties shall be afforded a reasonabie oppor- tunity to appear and express their views on the application, either in person or by agent." Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: LeaF. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc- tober, 1976. Leo F. Frommelt City Clerk 1t1O/7 Councilman Tully moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. September 16, 1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing, on referral by City Council, to expand a recently approved 1\\ block Light Industrial District in the Wa- shington Street Neighborhood to in- clude a one-half block area bounded on the north by 13th Street, on the west by Elm Street, on the south by 12th Street, and on the east by the alley lying between Elm Street and the railroad tracks in the City of Dubuque, Iowa. A petition bearing the names of 8 property owners in the subject area who endorse the reclassification was sub- mitted to the Commission and is hereto attached. The Commission has found the L-I Light Industrial District clas- 491 492 Regular Session, October 4, 1976 sification to be appropriate and recom- mends your favorable consideration. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner 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. AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", so as to reclassify hereinafter described properties bounded on the North by 13th Street, on the South by 12th Street, on the West by Elm Street, and on the East by the alley lying between Elm Street and the Railroad Tracks, from the H-I Heavy Industrial District to the L-I Light Industrial District Classification, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Tully. Carried by the fol- lowiog vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Councilman Stackis moved that a public hearing be held on the Ordinance on November 1, 1976 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Tully. Carried by the fo!- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Septe~ber 23, 1976 To the Honorahle Mayor and City Council In our FY 77 Budget an adjustment of refuse collection rates was reflected in our anticipated revenue. We are now submitting an ordinance adjusting the monthly charge from $1.75 to $2.50 per account (See Exhibit 1). The estimated annual expenses for FY 77 are $423,057 and for FY 78 are $502,009 (See Exhibit 2). Operational costs in FY 76 were essentially equivalent.to revenue received. In- creased costs in FY 77 and FY 78 are the result of wage adjustments, higher cost of motor vehicle operation with addi- tional mileage to the new landfill and higher gate fees at the new landfill. The anticipated revenue with the new rate effective January 1, 1977 for FY 77 would be $423,122. The anticipated revenue for FY 78 with the new rate being in effect for the full 12 months would be $497,790 (Exhibit 3). Revenue from the proposed rate will essentially cover the anticipated expenses in FY 77 and FY 78. The ordinance has also been amended to grant an exemption of one-half of the estimated collection fee for a residential premisewhen'the head of the household is 65 years of age or older and has a family income not exceeding $5,000. Presently this exemption applies if the income of the household is less than $4,000. Your adoption of the attached ordin- anceincorporating the new rate struc- ture is requested. Francis A. Murray Public Works Director Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 53-76 AN ORDINANCE PROVIDING FOR MUNICIPAL COLLECTION OF GAR- BAGE AND REFUSE; DEFINING TERMS; PRESCRIBING RULES AND REGULATIONS THEREFORE; ESTAB- LISHING A COLLECTION FEE THER- EFORE; REQUIRING CITY MANAGER TO PREPARÉ "DELINQUENT LIST" AND PROVIDING FOR THE COLLEC- TION OF DELINQUENT CHARGES AS PROVIDED BY LAW; RESTRICTING THE PRIVATE COLLECTION OF GAR- BAGE AND REFUSE; PROVIDING FOR THE LICENSING AND REGULATION OF PRIVATE GARBAGE AND REFUSE COLLECTORS; PRESCRIBING RULES AND REGULATIONS FOR HAULING GARBAGE, REFUSE AND OTHER WASTE MATERIALS WITHIN OR THROUGH THE CITY OF DUBUQUE; PROHIBITING THE DEPOSIT OF LIT- TER WITHlrot THE CITY OF DUBUQUE; Regular Session, October 4, 1976 493 PROVIDING PENALTIES FOR VIOLA- TION THEREOF; AND REPEALING ORDINANCE NO. 66-70 PRESENTED AND READ Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, 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. Secooded by Councilmao Brady. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ORDINANCE NO. 53-76 AN ORDINANCE PROVIDING FOR MUNICIPAL COLLECTION OF GAR- BAGE AND REFUSE; DEFINING TERMS; PRESCRIBING RULES AND REGULATIONS THEREFORE; ESTAB- LISHING A COLLECTION FEE THER. EFORE; REQUIRING CITY MANAGER TO PREPARE "DELINQUENT LIST" AND PROVIDING FOR THE COLLEC- TION OF DELINQUENT CHARGES AS PROVIDED BY LAW; RESTRICTING THE PRIVATE COLLECTION OF GAR- BAGE AND REFUSE; PROVIDING FOR THE LICENSING AND REGULATION OF PRIVATE GARBAGE AND REFUSE COLLECTORS; PRESCRIBING RULES AND REGULATIONS FOR HAULING GARBAGE, REFUSE AND OTHER WASTE MATERIALS WITHIN OR THROUGH THE CITY OF DUBUQUE; PROHIBITING THE DEPOSIT OF LIT- TER WITHIN THE CITY OF DUBUQUE: PROVIDING PENALTIES AND VIOLA- TION THEREOF; AND REPEALING ORDINANCE NO. 66.70 NOW, THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For the purpose of this Ordinance the following definitions shall apply: (0) "Garbage" shall mean any and all refuse from food incidental to its preparation or use for human consumption; (b) "Refuse" shall mean all solid waste or semi-solid material from re- sldentiai or business premises. It may include semi-liquid or wet wastes but must not be free flowing. It shall not inolude any construction moterials ex- cept minor amounts incidental to other wastes. (c) "Owner" shall mean, in addition to the record title holder, any person re- siding in, renting, leasing, occupying, operoting or transacting business in any premise and as between such parties the duties responsibilities, liabilities and obligations hereafter impmsed shall be joint and several. (d) "Dwelling" shall mean and in- olude any building or portion thereof containing one or more dwelling units. (0) "Dwelling Unit" sholl mean and inolude one or more connected rooms having complete kitchen facilities and arranged, designed or used as living quarters for one family only. (I) "Class I Premises" shall mean and inolude 1) a single family dwelling: 2) a multiple family dwelling up to and in- oluding six dwelling units. Any series of two or more laterally conneoted or joined dwelling units in which each dwelling unit has separote access and utility service and in which no dwelling unit is placed on top of another dwelling unit, inoluding townhouses and row housing, shall constitute a single-family dwelling. (g) "Class 11 Premise" shall mean and inolude 1) ordinary business and com- mercial places; 2) schools, hospitals, colleges, churches, nursing homes and other semi-private institutions; 3) a multiple family dwelling exceeding six dwelling units. Section 2. The City Manager is her- eby authorized and directed to employ city owned vehicles and equipment and the necessary operating personnel to collect garbage and refuse and to collect fees and administer the program as provided for in this ordinance in the City of Dubuque, upon the following terms and conditions: (0) Collections shall be made not more than twice weekly, at such time and in such areas of the city as shall be set out in schedules prepared by the City Manager. (b) City garbage and refuse collection from "residential premises" as defined in Section I shall be mandatory. Except as qualified below in this subsection, a fee of Two Dollars and Fifty Cents ($2.5Q) per month sholl be charged by the City of Dubuque, Iowa and collected from each "owner" of a residential premise" for such service effective Dc. tober 1/, 1976. Said charge or fee shall be in payment for collection and dispo- sal of garbage and refuse as defined. Exceptions to the established collec- 494 Regular Session, October 4, 1976 Regular Session, October 4, 1976 495 tion charge from "residential premises" are as follows" I When a "residential premise" has been vacant for a period of three consecutive months or longer the "owner" may apply for a credit under procedures to be established by the City Manager. Such exemption shall continue oniy so long as the "residen- tial premise" is vacant. 2 A "residential premise" when the head of household is 65 years of age or older and with a per family annual income of $5,000 or less may, upon application, be exempted from one- half (!-!) the established collection charge. 3 In cases of extreme financial hard- ship the City Manager may and is hereby authorized and empowered to make adjustments in the monthly collection charge. In all such cases the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as he may deem necessary. I (c) The city shall continue to collect' from "commercial and business premises" currently receiving such ser- vice. The charge for such collection service shall be based upon the average weekly quantity of garbage and refuse being collected as determined by the City Manager. The rote charged shall be a multiple of the rate charged "residen- tial premises" set forth in section 2(b) as follows: Zero (0) to 120 gallons of garbage and refuse per week shall be charged the residential premises rate times 1.00. The next 120 gallons per week or fraction thereof shall be charged the residential premises rate times. 75. All additional units of 120 gallons per week or fraction thereof shall be charged the residential premises rate times .50. "Commercial and business premises" no longer wishing to be served by city garbage and refuse collection shall provide the city with thirty (30) days written notice of its intent to terminate the service. Such termination of service shall be effective with the next biliing period. "Commercial and business premises" not now served by city garbage and refuse collection services may apply for such collection services from the City Manager. The collection rate wili be determined from the fee schedule set forth above in this subsection. The city reserves the right to refuse garbage and refuse colleotion service because of quantities or characteristiô. beyond the capacity or capability to be handled efficiently by city personnel and equipment. (d) The City Manager is hereby auth- orized and empowered to change or amend collection schedules from time to time as he, in his discretion, shall deem necessary. (e) Where collections are made from alleys, garbage and refuse containerS shall be placed at the property line abutting the alley on the days designat- ed in such schedule. (I) Where collections are made from the street, garbage and refuse con- tainers shall be placed in the street on the property side of the curb on the days designated in said schedule. However, such containers shall be placed so as not to interfere with vehicular and pedes- trian traffic and emptied shall be promptly removed by the occupant of the premises. (g) The quantity of garbage and refuse to be collected by the city shall not exceed 120 gallons per week for éach single family dwelling unit as defined In Section I. Section 3. The City Manager shall bili for collection service from a record of accounts registered for bililng on Oc- tober 11, 1976. Subsequently, the City Manager is authorized to bili tenants upon the request of the property owner according to a procedure to be estab- lished by the City Manager. the property owner in such oases shall agree to provide data on tenants movements. In cases of no city water or sewer service the city shall bili the "owner." "Residential premises" accounts shall be billed bi-monthly. "Business and commercial" accounts shall be bilied monthly. All collection charges are payable In advance. Section 4. The collection of garbage and refuse as provided by this ordinance from "residential premises" as defined in Section I and maintenance of the abailabllity of such service, whether or not such service is used regularly or not at all by the "owner" of such "residen- tial premises," is hereby declared a ben- efit to the said premises at least equal to the monthly charges specified in this ordinance and in case of failure to pay the monthly charge when bilied, as her- etofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as general property taxes. Section 5. At least annually the City Manager shall prepare a "delinquent list" of persons falling to pay the monthly charge required by this ordin- ance listing the residential premises for which the service was rendered and the amount due therefrom. Resoiutlons shall thereupon be prepared assessing the delinquent charges to the properties so benefited. Such resolution, properly passed by the City Council, shall be certified by the City Cl£rk to the County Auditor and same shall then be collect- ed with, and in the same manner, as general property taxes. Section 6. Refuse shall be placed in suitable containers. However, it shall not be necessary to place books, boxes, magazines or newspapers in containers provided they are securely tied in bun- dles or completely contained in disposa- ble boxes not longer than 20 x 30 x 36 inches. Also, tree limbs and branches may be securely tied In b'undles not longer than 48 inches long and 18 inches in diameter. Refuse containers and garbage con- tainers shall be not more than 31 gallons nor less than 9 gallons in capacity; except when only one container is used, in which case this container may be ,less than 9 gallons in capacity. Such con- tainers shall be waterproof and fitted with a tight lid. The containers shall have handles, balls, or other suitable lifting device or feature. The containers shall be a type originally manufactured for refuse or garbage, with tapered sides ~~i~a,:{ ~:;:';,i~;d;h:;n:~~~~~~o~ I~~~ I weight of any individual container and contents shall not exceed 75 pounds. Galvanized iron and similar metal con- tainers, rubber or fiber glass containers, and plastic containers which do not become brittle in cold weather, may be used. Oil or grease drums, paint cans, and similar salvaged containers shall not be acceptabie. Baskets, boxes and non-complying refuse or garbage cans or containers shall he considered disposable refuse and shall be removed by the collection crews if they are the proper size and otherwise acceptable for collection; or shall be left uncollected If they are iarger than the allowable size or unac- ceptable for collection. Section 7. Within the corporote limits of the City of Dubuque, all garbage or refuse, consisting of waste animal and vegetabie matter, which may attract flies, dogs or rodents, shall be drained of all excess liquid, wrapped In paper or disposable containers, and placed or stored, until collected, in covered suita- ble containers as described in Section 6 above. Section B.lt shall be uniawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place in the City of Dubuque, such quantities of garbage, either in containers or not, that shall, in the option of the health officer, constitute a health or sanitation hazard. Section 9.lt shall be unlawful for any person to accumulate quantities of refuse, papers, trosh, ashes or other waste materiais within or close to any building in the City of Dubuque, unless the same Is stored in containers In such a manner as not to create a health or fire hazard. . Section 10. No person, firm, or cor- poration shall engage in the business of removing or hauling garbage or refuse from the premises of others unless such person, firm or coprporotlon shall have first applied for and received a permit to do so from the City Manager. The Isuance of this license shall be in the manner prescribed and subject to the terms of Ordinance 3-33 of the City of Dubuque, Iowa. Application for such permit shall specify the equipment of vehicles to be used, the route to be traveled, the places to be served and the name and residence of the applicant, and such person, firm or corporation shall pay on annuai license fee of Twenty-five Dollars ($25.00) per year for each vehicle engaged in such business to be paid at the office of the City Trea- surer In the City of Dubuque, Iowa. All vehicles licensed under this section shall prominently display the license number on the left and right sides of the vehicle in letters not less than 3" high. Section 11. No person, firm or cor- poration shall haul any garbage or refuse upon the streets, alleys or public places of the City of Dubuque unless same shall be in approved containers, securely fastened to prevent spiliage, or In a totally enclosed watertight vehicle. If, however, the materia:! is dry type material it may be hauled In a totally enclosed vehicle, or open vehicle which is covered with a suitable tight fitting canvas tarpaulin or similar cover to prevent spillage. Licensed collectors who collect and haul garbage and/or refuse shall haul these materials only in totally enclosed, watertight vehicles or totally enclosed vehicles with water- tight containers. All vehicles used for the collection and removal of garbage and refuse shall be kept in a clean, inoffensive, and sanitary condition. All garbage and refuse shall be handled in 496 Regular Session, October 4, 1976 such a way as to prevent the scattering, spilling or leakage of same. Section 12. No person, firm or cor- poration shall haul or cause to be hauled any garbage, refuse, or other waste material of any kind, to any dumping place, or site or area within the corpor- ate limits of the City of Dubuque or within any distance of the corporate limits of the city over which the city has legal jurisdiction, unless such place, site or area is first approved by the City Council of the City of Dubuque, Iowa. Section 13. No person, firm or cor- poration shall deposit in a garbage or refuse container or otherwise offer for city collection any hazardous garbage, refuse or waste. Hazardous materials shall be tronsported by the owner, re- sponsible person or his agent, to a place of safe deposit or disposal as permitted by city, State or Federal regulations. Hazardous materials shall include: ex- plosive materials; rags or other waste soaked In volatile and inflammable ma- terials; drugs; poisons, radioactive ma- terials; motion picture film and similar highly combustible materials; soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease; and other mater- ials which may present a special hazard to collection or disposal personnei or equipment or to the public. Section 14. No person, firm or cor- poration shall throw, rake, deposit, dump, drop or spill litter, waste material or foreign material upon the streets, sidewalks, rights-of-way or any public or private property within the City of Dubuque. However, the Cit~ Manager, at his discretion, may proclaim a period when leaves may be placed in street rights-at-way for collection. Section 15.0rdinance No. 66-70 is hereby repealed. Section 16. All ordinances or parts of ordinances in confilct with this ordin- ance are hereby repealed. Section 17. If any section, sentence or part of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 18. Any person, firm, or cor- porotion violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $100.00 or be imprisoned for not more than 30 days. Section 19. This ordinance shall be in full force and effect after its final pas- sage, approval and publication as provided by law. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Counciimen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 8th day of oc- tober, 1976. Leo F. Frommelt City Clerk ltIO/8 Councilman Stackis 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. October4,1976 To the Honorable Mayor and City Council I would recommend that the petition of Mr. Runde to construct a wall in the alley behind Lot 29 in Althauser's Sub- division be denied, in lieu of the followiog. Mr. Runde should remove his fill in the alley down to the previous grade aloog the property line of Mr. Welter's side ofthe alley, and also remove the fill and extension in height of the concrete slab wall which crosses the alley behind Mrs. Nutt's lot. After the fill is removed I would recommend that Mr. Runde be granted the privilege to come up from the exist- ing grades on a two-to-one slope to the grade he has proposed as being nearly level with his garage floor. This slope shall be sodded and maintained by Mr. Runde, and the top edge shall have some type of precast concrete bumper blocks iostalled. This will approximately restore the alley along Mr. Welter's side to its original grade and allow Mr. Runde access to his garage. Gilbert D. Chavenelle City Manager Mr. Runde addressed the Council stating he can get along with recom- mendation by the City Manager. Mr. WeIter voiced objection to the recommendation. Councilman Brady moved to table the matter. Seconded by Councilman Stackis. Carried by the following vote: Regular Session, October 4,1976 497 Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Nicholas J. Kass request- ing refund of $150., on unexpired por- tion of Class "B" Beer Permit B-4796, discontinued business on September 14, 1976, presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Nicholas J. Kass request- ing refund of $75., on unexpired portion of Cigarette License No. 987, discontin- ued business on September 14, 1976, presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of St. Columbkille's Church requesting refund of$225., on unexpired porrion of Class "B" Beer Permit -6325-76, discontinued business on September 10, 1976, presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Church of the Nativity requesting refund of $225., on unexpired portion of Class "B" Beer Permit No. 5324, discontinued business on Sep- tember 13, 1976, presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by CouncilmanWertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Gene Sullivan requesting consideration in the purchase of City- owned property at 100 W. 4th Street being the Ely 84' of Lot 189 and the Nly 2'3" of Ely 84' of Lot 190, presented and read. Mr. Sullivan spoke to the Council relative to petition. Councilman Stackis moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Dubuque Y's Men's Club requesting permission to schedule the Annual Halloween Parade on October 27, 1976, presented and read. Council- man Wertzberger moved that the request be approved subject to approval of the Manager. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Wahlert High School by Tim Carr, requestiog permission to conduct a Homecoming Parade on Oc- tober 22, 1976, presented and read. Councilman Wertzberger moved that the request be approved subject to final approval of the Maoager. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Ronald Hixon et al (8 signers) requesting vacation of an alley running east from Finley for II block, parallel with Cherry Street on the North and University Ave. on the South, pre- sented and read. Councilman Tully moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Wertzberger. Carried by the followiog vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. August24,1976 Honorable Mayor and Members of the City Council The regulations governing the property management phase of the Downtown Urban Renewal Project stipulate that occupants of property acquired by the city for the project pay fair rentals. Additionally, the prescribed accounting system requires the accru- ing of rents and, as the occasion may demand from time to time, to charge-off uncollectible rents. The attached resolution provides for the charge-off of the following tenant accounts. Account 28 - $34.04 The tenant vacated owing $34.01 which represents a partial month's rent. The tenant filed a relocation claim which was rejected for lack of 500 Regular Session, October 4, 1976 Counseling Committee of the Housing Rehabilitation Commission of the City of Dubuque be merged to form the Fin- ance and.Counseling Committee. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Public Hear- ing to dispose of City-owned interest in Lots 1 and 2 of vacated Lime Street, 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 Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 352-76 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 September 16, 1976, the City Council of the City of Dubuque, Iowa met on the 4th day of October, 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 Perfection Oil 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 Perfection Oil Company; 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 Dubuque, Iowa in and to, aod conveyance of Lot 1 of vacated Lime Street in Boat Yard Addition in the City of Dubuque, Iowa to Perfection Oil Company, an Iowa Corporation, suc- cessor in interest to Dubuque Stone Products Company, and the disposal of interest of City of Dubuque, Iowa in and to, and conveyance of Lot 2 of vacated Lime Street in Boat Yard Addition in the City of Dubuque, Iowa, subject to rail- road easement to Perfection Oil Com- pany, an Iowa Corporation, be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby auth- orized to execute said deed of con- veyance and the City Clerk be and he is hereby directed and authorized to deliver said deed of conveyance to the grantee. 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 Dubuque County Recorder. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Luodh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of Eleventh Street Steps and Jef- ferson Park Steps, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Necessity for Improvement) RESOLUTION NO. 337-76 WHEREAS, proposed plans, specifications, and form on 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 Celrk showing among other things the following: Regular Session, October 4,1976 501 (1) Theplanofsuchimprovement (2) An estimate of the cost of the im- provement for the . construction of the Eleventh Street Steps and Jeffer- son 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, objections to the amount of the cost of the improvement, they shall be 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 oow 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 September, 1976. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and a¡Iopted, as proposed by the City Council this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady EmilStackis ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: . Yeas - Mayor Lundh, Councilmen Brady, Stackis Tully, Wertzberger. Nays - None. Decision of council upon objections to plans, specifications, form of contract and cost of Improvements RESOLUTION NO. 353-76 WHEREAS, proposed plans and specifications and form of contract for the construction of the Eleventh Street Steps and Jefferson Park Steps have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1975 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 4th day of October, 1976; and WHEREAS, the City Council met in regular session this 4th day of October, 1976, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. B~ IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. (Ordering Construction) RESOLUTION NO. 354-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that pursuant to a Resolution of Necessity No. 337-76 which was duly passed by this Council for the construction of the Eleventh 502 Regular Session, October 4, 1976 Regular Session, October 4,1976 503 Street Steps and Jefferson Park Steps. Be and the same are hereby ordered aod constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file io the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paId from the Community Development Block Grant Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady EmilStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Contractors for Construction of Eleventh Street Steps and Jefferson Park Steps, pre- sented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. September 30, 1976 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m" C.D.T., Thursday, September 30, 1976 for the Eleventh Street Steps and Jef- ferson Park Steps. The low bid was submitted by Patrick T. O'Dowd of Dubuque, Iowa with a bid of $20,758.82. This bid is 9.4% below the Engineer's Estimate. I recommend that the contract for the steps be awarded to Patrick T. O'Dowd. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of John Duggan requesting vacation of an existing utili- ty easement lying along north line of Lot 5, Block 2 and the property line between Lot 3, Block 2 and Lot 4, Block 2 (all utility companies have approved) presented and read. Councilman Stackls moved that the communication be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 356-76 WHEREAS, the property owner of Lot 3, Lot 4 and Lot 5 of Block 2 in "Knob Hill Grove" in the City of Dubuque, Iowa, has filed with the City Clerk of the City of Dubuque, Iowa, a petition requesting the vacation of the platted easements in said Lot 3, Lot 4 and Lot 5; and WHEREAS, the property owner has submitted a plat for the purpose of extinguishing the utility's easements shown thereon; and WHEREAS, the public utility com- panies entitled to use said easements have consented to said vacation; and WHEREAS, Sections 409.18 and 409.19 of the 1971 Code of Iowa provide for the vacation of plats in this manner; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that said petition and plat for the vacation of the platted ea- sements in Lot 3, Lot 4 and Lot 5 of Block 2 in "Knob Hill Grove" in the City of Dubuque, Iowa, be and the same are hereby approved, and the Mayor and Clerk are hereby authorized and direct- ed to endorse the approval of the City of Dubuque upon said plat for the vacation of the aforementioned easements. (Awarding Contract) RESOLUTION NO. 355-76 WHEREAS, sealed proposals have been submitted by contractors for the construction of the Eleventh Street Steps and Jefferson Park Steps pursuant to Resolution No. 339-76 and notice to bidders published in a newspaper pub- lished in said City on September 16, 1976 and September 23, 1976; and WHEREAS, said sealed proposals were opened and read on September 30, 1976, and it has been determined that the bid of Patrick T. O'Dowd of Dubuque, Iowa in the amount of $20,758.82 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plaos and specifications; now therefore, BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the contract for the above mentioned im- provement be awarded to Patrick T. O'Dowd 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 bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Passed, adopted and approved by the recorded roll call vote this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Slackis ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- mao Tully. Carried by the following vote: Yeas - Mayor Lundh, 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 Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. August 19, 1976 To the Honorable Mayor and City Council I hereby submit the plans and specifications for the Highway 20 and Wacker Drive left turn lane. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 357-76 Approval of specs., form of contract, preliminary estimates and form of con- tract for construction of Highway 20 and Wacker Drive left turn lane, in an estimated amount of $10,834.85, pre- sented and read. Councilman Stackis moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (NeceaaUy lor Improvement) RESOLUTION NO. 358-76 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office ofthe City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the High- way 20 and Wacker Drive left turn lane. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the hereinmen- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the proposed im- provement, they shall be 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 prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and -~~'-~~'"" 504 Regular Session, October 4, 1976 expense of making said improvement will be paid from the Road Use Tax Funds. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 4th day of October, 1976. Approved and placed on file for final action. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. FrommeIt City Clerk Councilman Stackis moved approval of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 359-76 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 aod placed same on file in the office of the City Clerk for public in- spection for the Highway 20 and Wacker Drive left turn lane. BE IT THEREFORE RESOLVED that on the 18th day of October, 1976, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which 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 be 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 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. (Ordering Construction) RESOLUTION NO. 360-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 358-76 which was duly passed by this Council for the Highway 20 and Wacker Drive left turn lane. Be and the same is hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All work shall be constructed in ac- cordance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED tbat the cost and expense of said im- provement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dubuque Packing Co. submitting comments relative to Project Concept Statement on the City Island Bridge & Proposed connections, presented and read. Councilman Wertzberger moved that the commun- ication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Regular Session, October 4, 1976 505 Brady, Stackis, Tully, Wertzberger. Nays-None. October 1, 1976 Honorable Mayor and Councilmen The proposed Concept Statement for design of the City Island bridge was presented to you at your meeting of September 13, 1976. At that time, the matter was tabled pending coordination with the Dubuque Packing Company, as principal land owner in the project vicinity, and for review by the DMATS Policy Committee. The Policy Committee has adopted comments on the Concept Statement, as enclosed. We have also attached copies of the Dubuque Packing Company letter to you of September 21, 1976. Based on these earlier commeots, together with comments from the Federal Highway Administration, it now appears that the Iowa DOT may be revising the original draft Concept Statement. We are in- formed that those revisions will attempt to respond to the comments of the Dubuque Packing Company favoring elimination of the west bouod exit loop terminating on the west side of Kerper Blvd., in favor of an alternative exit ramp passing over the Peosta Channel and terminating on the east side of Kerper Blvd. There were also comments urging additional eotrance and exit capacity for the bridge prior to the completion of a Freeway 561 system, and these comments have suggested that a 14th Street connection also be provided during the interim operating condition, similar to an arrangement shown as alternate 4 on the original Concept Statement. It is the opinion of the staff that these proposed revisions would reduce the. impact of the facility on industrial land and would improve the operational condition of the bridge in the interim period prior to compietion of a Freeway 561 connection. We have included a draft Resolution, proposing certain comments on the Concept Statement, aod recommend your adoption of it. Daniel Dittemore City Planner Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 361-78 A Resolution offering comments on a proposed project concept sta- tement for a City Island Bridge and proposed connections within the City of Dubuque, Iowa. WHEREAS, the Iowa Department of Transportation has prepared a draft Project Concept Statement for a City Island bridge and its proposed connec- tions to the local street system within the City of Dubuque, Iowa: and, WHEREAS, such Project Concept Statement has been transmitted to the City Council of the City of Dubuque by the Iowa Department of Transporta- tion, with a request for comment upon said Project Concept Statement. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa Section 1. That the City Council does hereby reaffirm its support for con- struction of a new Mississippi Bridge at the proposed City Island location and does identify that project as ao urgent need of the people of the City of Dubuque and of the Tri-State regional community. Section 2. That the following com- ments be conveyed to the Iowa Department of Transportation with regard,to the Project Concept Sta- tement for a City Island bridge and proposed connections, dated August 30, 1976, to wit: a. Thati6th Street should remain open as a throughfare from the City Island westward to Elm Street. b. That the location of entry and exit ramps from said bridge to Kerper Blvd. should avoid taking usable in- dustrialland to the maximum feasible extent. c. If additional connections to the local street system are found necessary to satisfy projected interim operating conditions, that 14th Street may adequately provide such additional means of connection. d. That the foregoing comments shall be transmitted to the Iowa Depart- ment of Transportation, Highway Division. Passed, adopted and approved this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk 506 Regular Session, October 4, 1976 Regular Session, October 4, 1976 507 Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. September 28, 1976 To the Honorable Mayor aod City Council The attached schedule lists a num- bered of items to be added to the FY 77 budget. A number of these items were bud- geted last year and they will be accom- plished this year. There are also includ- ed a number of other items that have been authorized from time to time by the City Council. This budget amendment requires a public hearing and the enclosed resolu- tion authorizes the City Clerk to publish the required notice. Gent M. Wittenberg Acting Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 362-76 Authorizing the City Clerk to publish Amendment of Current City Bud- get Notice WHEREAS, certain amendments are proposed to the Fiscal Year 1977 Bud- get; and WHEREAS, Section 384.16 and 384.18 of the Code of Iowa provide that a budget amendment is subject to public hearings as set forth in Section 362.3 of the Code of Iowa. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Úubuque, Iowa: Section 1. That the City Clerk be and he is hereby authorized and directed to publish notice that the City Council of the City of Dubuque will meet at City Hall in the City Council Chambers at 7:30 p.m. on November 1, 1976, for the purpose of amending the current bud- get of the City for the fiscal year ending June 30, 1977, by changing the es- timates of revenue and expenditure appropriations. Passed, approved and adopted this 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. September 30,1976 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reviewed the final plat of Block 6 and Block 7 in Knob Hill Subdivision in the City of Dubuque, Iowa. The Commission has determined that the final plat is in conformance with the approved prelimioary plat for the sub- division and is in accord with requir- ements of the city's Subdivision Ordinance. We hereby recommend your approval of the final plat of Block 6 and Block 7 in Knob Hill Subdivision. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore City Planner Councilman Tully moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by tho following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 363-76 Resolution approving the Plat 01 Block 6 and Block 7, each In "Knob Hill" In the City 01 Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 6 and Block7, each in "Knob Hill" in the City of Dubuque, Iowa, by John Duggan, Trustee under the "Regina Duggan Trust"; and WHEREAS, upon said plat appear streets to be known as Knob Hill Drive and Beacon Hill, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not beeo estab- lished, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Knob Hill Drive and Beacon Hill, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 6 and Block 7, each in "Knob Hill" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Knob Hill Drive and Beacon Hill with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catch- basins in accordance with plans sub- mitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with pians submitted' with the plat; g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To maintain the foregoing im- provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; 1. To provide the foregoing construc- tion and maintenance at the sale ex- pense of the subdivider John Duggan, Trustee under the "Regina Duggan Trust" as owner; j. To construct said improvements, ex- cept sidewalks and street lighting prior to October I, 1978 and to con- struct the sidewalks and street light- ing prior to October I, 1980; and further provided that said John Duggan, Trustee under the "Regina Duggan Turust", as owner of said Sub- division, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event John Duggan, Trustee under the "Regina Duggan Trust", shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of th e dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 4th day of Oc- tober, A.D., 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F- Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO, 363-76 I the under signed John Duggan, Trustee under the "Regina Duggan Trust" having read the terms and con- ditions of the foregoing Resolution No. 363-76 and being familiar with the con- ditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 5th day of October, 1976. Isl John Duggan Trustee under the Regina Duggan Trust TO: Leo F. Frommelt City Clerk This is to certify that the security provided by the foregoing RESOLU- TION NO. 363-76 has been furnished by the owners. Dated at Dubuque, Iowa, this 19th day of October, 1976 Gilbert D. Chavenelle City Manager Councilman Tully moved adoption of the resolution. Seconded by Councll- 508 Regular Session, October 4, 1976 Regular Session, October 4, 1976 509 man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays-None. September 30, 1976 Honorable Mayor and Members of the City Council The attached resolution authorizes the ameodmeot of an existing training grant with the Law Enforcement Assis- tance Administration. This grant covers the law enfor- cement training of a Dubuque police officer presently in a training program. Toe total grant amounts to $200.00, of which the city's cash contribution is $10.00. We would request your approval of this request. Gilbert D. Chavenelle City Manager Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays - None. MATCHING RESOLUTION NO. 364-76 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed here- tofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Title of Project, Law Enforcement Training. Amount of Funds Being Provided $10.00 We further resolve that we will provide in-kind match during the ap- proved project period for the following projects: 'TItle of Project, none. Passed this 4th day of October, 1976' 1976 Alvin E. Lundh Mayor Thomas A. Tuliy Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk 'If submitted after approval of the grant identify the grant number. 702-75-06-0000-21-03 Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tuliy. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 365-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the foliowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Taco John's Store 3, 1215 Dodge Street Famous Recipe Fried Chicken, 1575 John F. Kennedy Road Roger R. Piekenbrock & Ruth A. Ox- berger, 504 Bluff Street Passed, adopted and approved this 4th day of October 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Couocilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tuliy. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays - None. RESOLUTION NO. 366-76 WHEREAS, applications for Beer permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Holy Trinity Parish, 1700 Rhomberg Ave. CLASS "C" BEER PERMIT Groves-Ke1co, lac., 1920 Elm Street Nash Finch Company, John F. Kennedy Road and Hwy. 20 West Passed, adopted and approved this 4th day of October 1976. Alvin E. Lundh Mayor Thomas A. Tuliy 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 Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 367-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordin- ances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Holy Trinity Parish, 1700 Rhomberg Ave. CLASS "C" BEER PERMIT Groves-Ke1co, 1920 Elm Street Nash Finch Company, John F. Kennedy and Hwy. 20 West Passed, adopted and approved this 4th day of October, 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 Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 368-76 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 foliowing applications be approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Beverly Ann Larsen, Sunday Sales on- ly, 1701 Ceotral Avenue Steven T. Schnee, Sunday Sales only, 1902 Central Avenue Larry W. Kratzer, 2423 Rhomberg Avenue John P. Mihalakis, 2095 Kerper Blvd. Merlin F. Heiar, 1900 Washington Street Orville P. Murphy, 139 Locust Street Passed, adopted and approved this 4th day of October, 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 Tuliy. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tuliy, Wertzberger. Nays-None. RESOLUTION NO. 369-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Beverly Ann Larsen, Sunday Sales on- ly, 1701 Central Avenue Steven T. Schnee, Sunday Sales only, 1902 Central Avenue Larry W. Kratzer, 2423 Rohmberg Avenue John P. Mihalakis, 2095 Kerper Blvd. Merlin F. Heiar, 1900 Washington Street Orville P. Murphy, 139 Main Street Passed, adopted and approved this 510 Regular Session, October 4, 1976 511 Special Session, October 18, 1976 4th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen the rules to let anyone present address the Council if they so desire. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Russell Nash presented copy of the book to Council and explained Contents - Cablecar gallery in Dubuque; Tow Chambered kiln in North Liberty; Store Front Art in Muscatine; What Cheer works in clay; and Post Industrial Society and the Craftmaker. Council- man Tully moved that the communica- tion 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 Iowa Legislative Council submitting advance informa- tion for collection and tabulation as a part of the regular 1980 Federal Decen- nial Census, presented and read. Coun- cilman Wertzberger moved that the communication be received and filed aod referred to City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. State 01 Iowa City Development Board Dubuque City Council: This letter is to inform you of the decision made by the City Development Committee at the October 5, 1976 meet- ing held in Dubuque, regarding Dubuque's petition for annexation. The following motion was made by Committee Member Friedman and seconded by Committee Member Nail: "That the City Development Com- mittee approve the City of Dubuque's petition for annexation of approximate- ly 6.1 square miles of unicorporated territory," The motion passed on a 3 to 2 decision. If there are any questions or further clarification is needed, please feel free to call me. Councilman Wertzberger moved to ad- journ. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Leo F. Frommelt City Clerk Approved .................... 1977 CITY COUNCIL OFFICIAL Special Session, October 18, 1976. Council met at 7:30 p.m. (C.D.T.) Preaent - Mayor Lundh, Council- men Brady, Stackla, Tully, Wertz- berger. City Manager Gilbert D. Chayenelle. 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 AWARD OF CONTRACT FOR THE CONSTRUC- TION OF HIGHWAY 20 AND WACKER DRIVE LEFT TURN LANE and acting upon such other business as may properly come before a Regular Meeting of the Council. The following proclamations were approved and signed by Mayor Lundh: Last Week of October as "Safety On The Streets Week"; Week ofOctober 24th to 30th as "Influenza Immunization Week" and Week of November 8th to 14th as "Youth Appreciation Week". Communication of Playground & Recreation Commission submitting minutes of their meeting of September 13, 1976, presented and read. Council- man Tully moved that the minutes be received and filed. Seconded by Coun- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmeo Brady, Stackis, Tully, Wertzberger. Nays-None. Communication of Planning & Zon- ing Commission submitting minutes of their meeting of September 29, 1976, presented and read. Councilman Tully moved that the minutes be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication of Dock Commission submitting minutes of their meeting of October 5, 1976, presented and read. Councilman Tully moved that the 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 Russell Nash et ux requesting to make presentation of their book "Art Cooperatives" Consisting of Four Iowa Models: Dubuque, Musca- tine, North Liberty and What Cheer", presented and read. Councilman Tully moved to suspend ATTEST: Leo F. Frommelt City Clerk Councilman Wertzberger moved adoption of the resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None Councilman Tully moved that the Cooper Street Steps Project be referred back to the Engineering Department and Councilman Brady to present at next Council meeting. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. There being no further business, Adopted ...................... 1977 """"""""""""'" ....... .......... ................. .................................. .................................. .................................. Councilmen ATTEST: .......................... City Clerk Larry Tuel Administrative Assistant to the City Development Board Councilman Stackis moved that the communication be received and filed, and made a matter of record. Seconded by Councilman Wertzberger. Carried by the following vote: 512 Special Session, October 18, 1976 Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Communication ofLeague of Women Voters submitting copy of letter sent to Community Development Board Com- mittee in Des Moines in support of proposed annexation, presented and read. Councilman Stackis moved that the communication be received and filed and City Clerk directed to sent letter of "Thanks" for interest taken by the League. Seconded by Councilman Wertzberger. Carried by the following. vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Notice of Expiration of Right of Redemption and taking of tax deed on Lot 72 E. Langworthy's Addn.; Lot 56 and No. 48' of Lot 57 in A. Stine's Sub. of M.L. 471 and 472; Lot I of Sub. of Lots 48 & 49 in Bellevue Addn" presented and read. Councilman Stackis moved that the Notices be referred to the City At- torney. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brad~, Stackis, Tully, Wertzberger. Nays - None. Communication of Peoples Natural Gas advising a rate increase of 1.312e to residential and commercial customers; rural small volume increase of 1.255e on bills issues on and after November 19, 1976, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the publisher, of Receipts and Expendi- tures, also list of claims paid in August, 1976, presented and read. Councilman Stackis moved that the proof of pub- lication 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 Dock Commission requesting Council to give immediate consideration and finalization of the option proposed for the purchase of Block 2 Riverfront Sub. 2, from Ecology Control, presented and read. Council- man Stackis moved that the commun- ication be received and filed and ap- prove option and directed City Attorney to exercise option on behalf of the Council. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. October 15, 1976 Honorable Mayor and Councilmen Your Resolution No. 169-76 has dir- ected certain work assignments in regard to the proposed North Fork Cat- fish Creek Impoundment structure. Several of the work assignments set out in the Resolution havè progressed to the point that we would now seek an opportunity to review these matters with you at your meeting of October 18, 1976. We would inform you of the status of negotiations for land rights, inves- tigations of project costs and financing plans, and of coordination of this project with proposed corridor loca- tioos for a North-West Arterial Roadway. Gilbert D. Chavenelle City Manager Mayor Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis. Car- ried by the following vote: Yeas - !layor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. At 8:30 P.M. Councilman Brady moved to go into Executive Session to discuss options of Real Estate relative to North Fork Catfish Creek Impound- ment Structure. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Council reconvened in Regular Ses- sion at 9:30 P.M. Mayor Lundh an- nounced that no final conclusions had been reached and moved that the City Manager be authorized to continue negotiations. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. October 14, 1976 Honorable Mayor and City Council On July 28, 1976, Notice of Claim of Personal Injury was filed on behalf of Dan Harkey, 1160 University, this city, by his attorney claiming damages for personal injuries in the amount of $75,000.00 and alleging said injuries occurred on May 31,1976 as the result of alleged excessive force used by police officers against the claimant. This matter was referred to the ap- Special Session, October 18, 1976 513 propriate City Agency who made an investigation thereof and has reported that said matter has been amicably dis- posed of. It is therefore, the recommen- dation of the City Attorney that the Claim of Dan Harkey be denied. Original notice of claim is returned herewith. R. N. Russo City Attorney Councilman Wertzbergermoved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. October 14, 1976 Honorable Mayor and City Council On April 22, 1975, the City of Dubuque, Iowa was served with Origin- al Notice with petition attached of an action in the District Court in and for Dubuque County, Iowa, being Law No. 40464, wherein Stella L. Reuter was plaintiff and naming the City of Dubuque, Iowa as defendant and wher- ein plaintiff prayed for damages in the amount of $35,000.00 arising out of a fall on or about February 1, 1975 at or near 1610 Lincoln Avenue in the City of Dubuque and the plaintiff claimed an unsafe and dangerous condition of the sidewalk thereat. This matter was referred to the City Attorney who interposed the appro- priate defenses thereto, and the plaintiff through her attorney has made an offer - of settlement of said claim in the amount of $1500.00 of which the City is to pay $1,000.00 and $500.00 to be paid by the abutting property owner. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to Stella Reuter in the amount of $1000.00 and transmit same to the City Attorney for delivery upon receipt or appropriate releases and dismissal of said action. Original Notice is returned herewith. 80 R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of settlement be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. October 14, 1976 Honorable Mayor and City Councilmen On September 13, 1976, subrogation claim was filed by American Interinsur- ance Exchange, Des Moines, Iowa regarding claim, paid by them to Keith F. Marugg in the amount of $175.00 for the theft of a boat-motor and gas tanks on June 25, 1976, while the boat was moored in the Dubuque Harbor at a mooring space rented from the City of Dubuque, Iowa. Said claim was referred to the appro- priate City Agency who has made an investigation thereof and has made report to this office of no responsibility on the part of the City for the safety and storage of said boats and motors. In view of the foregoing it is the recom- mendation of the City Attorney that said subrogation claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Councilman Wertzberger moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. October4,1976 Honorable Mayor and City Council This is to advise that on the 29th day of July, 1975 the City of Dubuque, Iowa confessed judgment in the amount of $3,000.00 in the District Court of Dubuque County, Iowa in the case of Janet K. Matelak vs City of Dubuque, Iowa, defendant; and City of Dubuque, Iowa defendant-crass-petitioner vs Jack Beatty and Diane S. Beatty, third party defendants which judgement was recently satisfied by payment. However, the City reserved its right of indemnity against the abutting property owner which was agreed to be tried later. The claimed act of affirmative neg- ligence on the part of the property owner claimed by the City of Dubuque was strongly resisted and denied. However, in preparation for hearing on this matter, the cross-defendants made an offer of settlement in the amount of $750.00 which I have accept- ed and the check is herewith transmitted This concludes the matter. R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of settlement be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas ~ Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 514 Special Session, October 18, 1976 Special Session, October 18, 1976 515 Communication of City Attorney ad- vising of transmittal of payment to City in the amount of $283.50 covering out- standing court costs against the City, presented and read. Councilman Wertzberger moved that the payment be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. October 14, 1976 Honorable Mayor and City Council Original Notice with petition attached was served on the City of Dubuque, Iowa on June 6, 1975, being Law No. 40512 in the District Court in and for Dubuque County, Iowa, wherein Milton L. Wieser was plaintiff and City of Dubuque, Iowa and B & G Automotive Parts, Inc. were named defendants and wherein the plaintiff prayed for damages for personal injuries in the amount of $11,000.00 in three counts, said injuries allegedly being suffered by plaintiff on March 8, 1975 as the result of a fall on an accumulation of ice and snow arising out of discharge of water from a downspout from a building owned by B & G Automotive Parts, Inc. Said petition was referred to the City Attorney who interposed appropriate defenses thereto, and said plaintiff through his attorney, has made an offer of settlement in the amount of $3500.00, with contribution to said settlement by the City in the amount of $1,000.00 and $2,500.00 being paid by the abutting property owner. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to issue draft payable to Mil- ton L. Wieser in the amount of $1,000.00 and to transmit same to the City Attor- ney for delivery upon receipt and filing of Dismissal of said action. Original Notice is returned herewith. R. N. Russo City Attorney Councilman Wertzberger moved that the recommendation of settlement be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Property Damage Claim of James R. Kemp, in the amount of $135., for damage to his home as the result of ball playing at Queen & Burden Street playground during August, 1976, pre- sented and read. Councilman Wertz- berger moved that the Notice be referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Notice of Claim of Milwaukee Insur- ance in behalf of their client, Linda Jurisic for $169.73 as the result of client's car being struck by a city-owned dump truck at City Garage on April 16, 1976, presented and read. Councilman Wertzberger moved that the Notice be referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Dubuque Jaycees request- ing support to host the 1978 Daisy/U.S. Jaycee International B-B Gun Cham- pionships in Dubuque, presented and read. Councilman Stackis moved that the request be approved and appro- priate letters be sent by Mayor and Staff. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Joseph Wild requesting issuance of a deed for vacated alley to rear of his property on Clarke Drive which was ordered by Ordinance No. 32-46, said deed was never delivered, presented and read. Councilman Tully moved that the petition be referred for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Petition of Christian Record BraiIle Foundation Inc. requesting a charitable solicitation permit for one year from November 1, 1976 to November 1, 1977, presented and read. Councilman Brady moved that the petition be received and filed and referred to the City Manager and request concurrence with both blind organizations and cut time of one year request. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Dubuque Storage & Transfer Co. requesting for vacation of a certain portion of platted Washington Street south from Liebe Street, present- ed and read. Councilman Tully moved that the petition be referred to the City Manager for proper proceedings. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Holy Trinity Parish requesting a refund of $225.00 on unex- pired portion of Class "B" Beer Permit No. 6908, discontinued business on Oc- tober 10, 1976, preseoted and read. Councilman Stackis moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Petition of Coletta A. Oyen requesting a refund of $211.25 on unexpired portion of Beer-Liquor License No. C-6734, dis- continued business on Sept. 3, 1976, presented and read. Councilman Stackis moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Tul- ly. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 370-76 WHEREAS, the codification of all the Ordinances of the City of Dubuque, Iowa, which Code has been prepared and same was printed by the Municipal Code Corporation of Tallahassee, Flor- ida, and, . WHEREAS, a public hearing should be held on the proposal to adopt said Code of Ordinances; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: SectIon 1. That the proposal to adopt the Code of Ordinances by the City Council, of the City of Dubuque, Iowa, should be the subject matter of a public hearing thereon. Section 2. That the City Clerk be and he is hereby directed to publish Notice of Time and Place of Hearing on the proposal to adopt the said Code of Or- dinances of the City of Dubuque, Iowa, and that such notice shall be published in a manner as required by Section 362.3 of the 1975 Code of Iowa. Section 3. That copies of the Code of Ordinances are on file in the office of the City Clerk, City Hall, 13th Street and Central Avenue, Dubuque, Dubuque Couoty, Iowa, and same are available for public inspection. Passed, approved and adopted this 18th day of October, 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 and set public hearing for November 1, 1976. Seconded by Couo- cilman Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. A RESOLUTION establishing a Com- munity Development Commission for the City of Dubuque, Iowa, and pre- scribing the term of office of each member of said Commission and pre- scribing and defining the purposes of said Dubuque Community Develop- ment Commission and repealing Re- solution No. 391-75, presented and read. Councilman Wertzberger moved that the Community Development Commis- sion give to Council their opinion on the paragraph in question, Section B-2 Consult with material on file from Kan- sas City Meeting and include Council of Neighborhoods. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 371-76 WHEREAS, the Mayor's Industrial Committee, composed of Al Lundh, Mayor, Wayne Moldenhauer, Chairman of the Board of Dock Commissioners, and Robert Dorothy, Director of Dubuque Area Industrial Development Corporation, recommended to the City Council of the City of Dubuque, Iowa on September 22,1976, that the Application to Purchase certain City owned real estate by Dubuque Screw Products, Inc. for the purpose of erecting a building thereon of approximately 60 feet in width by 144 feet in length by 14 feet in heighth for expansion of their business: and WHEREAS, City Council of the City of Dubuque, Iowa has examined said application and recommendation by the Mayor's Industrial Committee and find that the sale of said real estate should be approved; and WHEREAS, said real estate sought to be purchased by Dubuque Screw Products, Inc. is described and known as: 516 Special Session, October 18, 1976 Lot 5 of Block 1 of "River Front Subdivision No.5" in the City of Dubuque, Iowa, an area of approx- imately 1.0517 acres. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the application of Dubuque Screw Products, Inc. to pur- chase a parcel of City-owned real estate in the City of Dubuque, Iowa, which real estate is described and known as: Lot 5 of Block I of "River Front Sub- division No.5" in the City of Dubuque, Iowa, an area of approx- imately 1.0517 acres be and the same is hereby approved upon the folIowing terms and conditions: 1. That the said real estate be sold to Dubuque Screw Products, Inc. for the construction and erection of a build- ing thereon of approximately 60 feet in width by 144 feet in length by 14 feet in height for expansion of their business. 2. That the sale price for said real es- tate shall be $21,954.24 for the total purchase price, with ten (10%) per- cent thereof, or $2195.00, being paid as down payment, receipt whereof is hereby acknowledged by the City. 3. That construction of said building shall be commenced within one (1) year from date of delivery of deed and the passage of this Resolution and shalI 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 Dubuque Screw Products, Inc., pur- chaser, then said real estate shalI automaticalIy 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 Duhuque, Iowa retains a perpetual easement for ex- isting waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. Seller shall furnish abstract of title and conveyance shall be by Quit Claim Deed. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 18th day of October. Alvin E. Lundh Mayor Thomas A. TulIy Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, TulIy, Wertzberger. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Hearing on Resolution of Necessity for construc- tion of Highway 20 and Wacker Drive Left Turn, preseoted and read. Council- man Stackis moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, TulIy, Wertzberger. Nays - Councilman Brady. (Necesalty lor Improvement) RESOLUTION NO. 358-76 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed hnprovement for the Highway 20 and Wacker Drive left turn lane. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the hereinmen- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the proposed im- provement, they shall be deemed to have waived all objections thereto. Said improvement shalI be construct- ed and done in accordance with the plans and specifications which have Special Session, October 18, 1976 been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Road Use Tax Funds. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 4th day of October, 1976. RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted, as proposed, by the City Council this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the Resolution. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, TulIy, Wertzberger. Nays - Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice to Contractors for Construction of Highway 20 and Wacker Drive Left Turn Lane, present- ed and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman TulIy. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. October 14, 1976 Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received until 10:00 a.m., C.D.T" Thursday October 14, 1976 for the construction of the Highway 20 and Wacker Drive left turn lane. The only bid was submitted by Flynn Company, Inc. of Dubuque, Iowa, with a bid of $13,143.50. This bid is 37.6% over the Engineer's Estimate. I recommend that the contract for tbe left turn lane be awarded to Flynn Company, Inc. of Dubuque. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, TulIy, Wertzberger. Nays - Councilman Brady. (Awarding Contract) RESOLUTION NO. 372-76 WHEREAS, sealed proposals have been submitted by contractors for the construction of the Highway 20 and Wacker Drive left turn lane pursuant to Resolution No. 359-76 aod notice to bidders published in a newspaper pub- lished in said City on October 7, 1976; and WHEREAS, said sealed proposals were opened and read on October 14, 1976, and it has been determined that the bid of Flynn Company, Inc. of Dubuque in the amount of $13,143.50 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 Dubuque that the contract for the above mentioned im- provement be awarded to Flynn Com- pany, Inc., subject to the coo currence of the Iowa Department of Transportation 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 ofthe cootractors bond the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man TulIy. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - Councilman Brady. Councilman Brady moved to table the motions relating to the construction of Highway 20 and Wacker Drive Left Turn Project. Seconded by Councilman Wertzberger. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas Councilmen Brady, Wertzberger. Nays - Mayor Lundh, Councilmen Stackis, Tully. MOTION FAILED. 517 519 Special Session, October 18, 1976 Special Session, October 18, 1976 518 Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen the execution of a Certificate of Com- pletion. This Certificate will be duly recorded and made a part of the official land records in the County Courthouse. GentM. Wittenberg Acting Assistant City Manager 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Communication of City Manager ad- vising of completion of Contract IIA Wastewater Treatment Facilities Phase II consisting of dome type covers on existing trickling filter and primary clarifiers; A Resolution approving Final Estimate in the amount of $517,123.00 for construction of Contract IIA Waste Water Treatment Facilities Phase II consisting of Dome type covers on ex- isting trickling filter and primary clar- ifiers; A Resolution Accepting im- provement of Contract IIA Water Water Treatment Facilities Phase" consisting of dome type covers on ex- isting trickling filters and primary clar- ifiers, were presented and read. Coun- cilman Brady moved that the com- munication and two resolutions be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. ATTEST: Leo F. FrommeIt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Tully- Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. 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. 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, Tully, Wertzberger. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 374-76 WHEREAS, the contract for the Glenwood Court Storm Sewer 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 hereby directed to pay to the contractor from the Sanitation Fund upon the above described improvement in amount equal to amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen RESOLUTION NO. 375-76 Authorizing the Execution of a Cer- tificate of Completion for Dubuque Flye Flags Center Fund. WHEREAS, under date of September 17, 1975, the City of Dubuque entered into a Contract for the Sale of Land for Private Redevelopment with Dubuque Five Flags Center Fund for the real estate hereinafter described; and WHEREAS, under the terms of said contract the subject real estate was conveyed by the City of Dubuque to Dubuque Five Flags Center Fund who constructed thereon certain im- provements; and October 14, 1976 Honorable Mayor and Members of the City Council . The Five Flags Center Buidling Com- mittee has met regularly and frequently to select a Project Architect and an appropriate project delivery system. Committee members were fully aware of the complete nature of the proposed Five Flags Center, and they endeavored to carry out their mission in the best interest of the community. We have thouroughly re-examined the credentials of the architectural partnership of Bowen Kanazawa, and we are convinced that this firm pos- sesses the skill and ingenuity to provide the necessary services in a most satis- factory manner. In full agreement with this firm we further propose that a number of special consultants be re- tained to provide professional assis- tance in the areas of management, theatrical and rigging, ice and refriger- ation, acoustical and sound, and quan- tity survey cost estimating- The selec- tion of these special consultants, their fees and the method of payment of fees is subject to the prior approval of the owner. Fees for these services are as follows: P,oj", ",hlto" Ba,lcS'Nicœ TæveIAilow.n..(.'co") October 14, 1976 Honorable Mayor and City Council This is to advise you that the Glen- wood Court Storm Sewer has been sub- stantially completed in accordance with plans and specifications by Tschiggfrie Excavating of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Final Estimate RESOLUTION NO. 373-76 WHEREAS, the contract for the Glenwood Court Storm Sewer 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 assessment and plat, now therefore, BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, That the cost of said improvement is hereby determined to be $12,862.00. WHEREAS, Section 307 of said con- tract provides that upon completion of the improvements the City of Dubuque will furnish Dubuque Five Flags Center Funq a Certificate of Completion; and WHEREAS, it has been determined that the required improvements have been satisfactorily completed; now therefore BE IT RESOLVED BY THE CITY COUNCIL ofthe City ofDubuque, Iowa Section 1. That the Mayor and City Clerk be and they are hereby author- ized and directed to execute a Cer- tificate of Completion for Dubuque Five Flags Center Fund for the im- provements located on the southerly 63.6' of the easterly 114' of Lot 1 of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. $173,000 '_50 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, Tully, Wertzberger. Nays - None. $175,250 S,.".I Con,"ltonto.E"imot,d $26.000 In. addition we anticipate various printing costs in the amount of approx- imately $2,750. These expenses will be paid directly by the owner. We have also examined and discussed in some detail the Contruction Man- agement Concept, and it is our opinion that this concept is not appropriate for this project. Consequently, we recom- mend the traditional approach Project Architect and General Contractor. The proposed Form of Agreement Section 2. That the Clerk be and he is hereby authorized and directed to file a copy of this resolution and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 18th day of October, 1976. October 14, 1976 Honorable Mayor and Members of the City Council The Five Flags Center Fund has com- pleted the restoration/renovation of the Orpheum Theater as agreed. The attached resolution authorizes That none of the cost thereof shall be assessable upon private property and $12,862.00 shall be ¡>aid from the Sani- tation Fund of the City of Dubuque, Passed, adopted and approved this - - -- 520 Special Session, October 18, 1976 between the City of Dubuque and the ~t~~~~~,h:~~:~ ;:::~~et~~¡ ~~: g\~~ I Council authorize the execution of this agreement so that we may proceed with the project. Members of the Five Flags Center Building Committee will be present at the October 18 Council meeting to re- spond to any questions or comments. Jacqueline F. Merritt Chairperson Five Flags Center Building Committee Councilman Stackis moved that the communication be received and filed and agreement approved subject to modifications submitted by the City Manager to withdraw Travel Allowance and Section 5.4. Seconded by Mayor Lundh. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. Proof of Publication, certified to by the publisher, of Notice of sale of Project Notes in the amount of $274,000. for Urban Renewal Project, presented and read. Councilman Tully moved that the proof of publication be received and filed. Seconded by Councilman Wertz- berger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. October 14, 1976 Honorable Mayor and Members of the City Council On October 13 four proposals were received for the refinancing of a portion of the outstanding urban renewal project notes. The lowest bid, in the amount of 2.64%, was received from the Bank of America and Associates. The new notes will be in the ag- gregate amount of $274,000 and wiIl mature March 25, 1977. The present notes in the aggregate amount of $384,000 were issued in July at an inter- est rate of 2.77%. The enclosed resolution authorizes the issuance and delivery of the new notes to the purchaser. Gent M. Wittenberg Acting Assistant 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. RESOLUTION NO. 376-76 Authorizing the sale, Issuance and Delivery 01 Project Notes in the Aggregate Principal Amount 01 $274,000 and the Execution 01 Requisition Agreement No. 5-76 In connection with the Downtown Urban Renewal Project Project No. Iowa R-15 WHEREAS, the City of Dubuque (therein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or with the United States of America (herein called the "Government") providing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, lowrent housing or redevelop- ment projects(s) described in the Con- tract and herein called the "Project"; and WHEREAS, pursuant to adverti- sement for the receipt of proposals for the purchase of the Fifth Series 1976 of Project Notes (herein sometimes called "New Project Notes") of the Local Is- suing Agency aggregating $274,000, which appeared in a Notice of Sale published on September 28, 1976, and October 5, 1976, in the Telegraph Herald in the City of Dubuque, Iowa, and in the Daily Bond Buyer in the City of New York, New York, proposals for the pur- chase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place men- tioned in said advertisement, to wit: at Council Chambers, City Hall, 13th and Central in the City of Dubuque, Iowa 52001 at one o'clock P.M., E.D.S.T. on October 13, 1976, which proposals are as , follows: ,.to.." p.~'..1 Reto Amou", ..em,"m 2.64% $274,000 $9.00 Ne...oIS~'" B,"k 01 "'"." N.T. &S.A. Se. "e.d,"o. Be.k". T,"" Compe.y, eooll.- e.,"1 1111.01. N"lo.el Be.k&,.,.otComp,"yol Ch""o, Me,,;n, Ly.,h, Pie~, Fe.." & Sm"h, I.'. The M",he.," N,,'oool 2."% $274.000 B,"k 01 Ce'" Repide, C"""'p~e.lowe Chomi"IBe.k.A.G.Srek" 2.77% $274.000 $4.00 & C... M..idpel S,,",i- 11...1., cmsANKNA""o",'" 2.79% $274.000 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. The aforesaid publication of the Notice of Sale and the form and contents thereof as so published are -- Special Session, October 18, 1976 521 hereby, in all respects, approved, ra- tified and confirmed. Section 2. In order to provide funds to pay expenses incurred or to be in- curred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connec- tion therewith, the Local Issuing Agency hereby determines to borrow the sum of Two Hundred Seventy-Four Thousand Dollars ($274,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and approves the form of each proposal hereinafter in this Section 3 enumerated for the purchase of the designated principal amount of Notes and <letermines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount $274,000 Intere.t Rate Purchaser 2.64% Bank of Ame<ica N.T. & S.A. San Francisco, Bankers Trust Company, Con- tinentsi !liinoi. National Bank & Trust Company of Chicago, Merril1, Lynch, Pierce, Fenner & Smith, inc. Section 4. Each Note sh'all be dated November 9, 1976, shall be payable as to both principal and interest to bearer, on March 25, 1977, and pursuant to each proposal for the purchase of said Notes herein accepted, shall bear the rate of interest per annum, payable at maturi- ty; shall bear the numbers and be in the. denominations; and shall be payable as to both principal and interest at the incorporated trust company, as follows: e,"eM' ao.k 0' Arne"" N.T. & S.A. Se. F"m"~o. ",",Ole ,mo' Com"""Co";,, ,,"I 1l1l..le No- ~;"~;Ico:";.'::,:' C""",. ..",;n. ,-",'h.Pi""",. .,,0 Sml<h. 100. I.t ""h" No. o,"~. Re. .. I $100.000 2-'4' ",.k,," 2 $00.000 "'" 3-10 $10.000 Co.. II-" $'-'00 N" 19-'2 $1.000 ~:::. Y"k None of such Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor and City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency im- pressed, imprinted or reproduced ther- eon and attested by the City Clerk and said officers are hereby authorized and directed to cause said notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD-9010, which is incorporated herein by refer- ence, and shall be secured by an agreement entitled, "Requisition Agreement No. 5-76" (herein called the "Requisition Agreement"), in substan- tially the form of HUD-9003, which is incorporated herein by reference, to be entered into between the Local Issuing Agency and the Government. Section 6. The Requisition Agreement shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, im- printed, or reproduced thereon and at- tested by the City Clerk, and said of- ficers are hereby authorized and direct- ed to cause the Requisition Agreement to be properly executed. Section 7. For the punctual payment of the principal of and interest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevoca- bly promises to pay any sums which may be received from the Government pursuant to the Requisition Agreement relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Issuing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contribu- tions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obligations", "Ad- vance Notes" or "Permanent Notes") as issued in connection with the Project are hereby irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and termin- ate when monies or investment securi- ties convertible into cash not later than the maturity date of the New Project Notes, sufficient and for the purpose of paying the principal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section 9. The proceeds derived from the sale of the New Project Notes, 523 Special Session, October 18, 1976 Special Session, October 18, 1976 522 Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Construction of the Cedar Cross Road Water Line"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of genreral circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the construction of the Cedar Cross Road Water Line. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen WHEREAS, the City of Dubuque, an eligible recipient for such funding and I pursuant to Resolution No. 327-76, convened an adhoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of City Ga- rage"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the Expansion of the City Garage. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor. Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have beeJl duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the expansion of the Park Depart- ment Greenhouse. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted tbis 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E- Brady Emil Stackis Councilmen together with such amount of other ~~~\~ ~~:;'~~~~,I:~~~gb~g:;~~e~ I simultaneously with the receipt of said proceeds, in accordance with the provi- sions of the Requisition Agreement. Section 9. The City Treasurer is her- eby authorized and directed to send promptly a letter to each paying agent for the New Project Notes in substan- tially the form of HUD9004, which is incorporated herein by reference, and to transmit therewith (a) the New Project Notes for which the addressee is the paying agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of said letter, and to take such other ac- tions as maybe required to complete the delivery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 377-76 Authorizing execution and filing of a Local Public Works Capital Development and Investment Pro- gram ApplIcation. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expenditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of the Park Department Greenhouse"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on ATTEST: Leo F. FrommeIt City Cierk 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. RESOLUTION NO. 378-78 Authorizing execution and filing of a Local Public Works Capital Development and Inveatmant Pro- gram Application. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 379-76 Authorizing execution and filing of a 525 Special Session, October 18, 1976 Special Session, October 18, 1976 524 WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understaod- iogs and assurances contained therein, for the expansion of the Iowa Street Parking Ramp. Section 2. That there is available in the Parking Reoewal and Improvement Fund the sum of $350,000. which the City of Dubuque hereby commits towards the total project cost of the project. Section 3. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 4. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Luodh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ings and assurances contained therein, for the reconstruction of East 4th Street. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental Review Record for the project shall continue to remain on file in the office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Luodh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said Record may be examined and copied by any interested party. Passed, approved and adopted this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 380-76 Authorizing execution and filing of a Local Public Works Capital Development and Investment Pro- gram Application. ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 381-76 Authorizing execution and tiling of a Local Public Works Capital Development and Investment Pro- gram Appllcatlon. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities;, and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project I identified as "Construction of the 17th Street Storm Sewer from Main Street to Pine Street"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until Septemher 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- ings and assurances contained therein, for the construction of the 17th Street Storm Sewer from Main Street to Pine Street. Section 2. That the City Manager of the City of Dubuque be and he is hereby authorized and directed to provide the Economic Development Administration such additional material and documen- tation as may be required to support the aforementioned application. Section 3. That the Environmental ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. RESOLUTION NO. 382-76 Authorizing exectulon and filing of a Local Public Works Capital Development and Investment Pro- gram Application. WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment opportun- ities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; and WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Reconstruction of East 4th Street"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and WHEREAS, any and all objections, if any, to the project have been duly considered. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque be and he is hereby auth- orized and directed to execute and sub- mit a Local Public Works Capital Development and Investment Program Application, including all understand- WHEREAS, Title I of the Public Works Employment Act of 1976 auth- orizes funds for employment oppor- tunities in areas of high unemployment through the expeditious construction or renovation of useful public facilities; aod WHEREAS, the City of Dubuque, an eligible recipient for such funding and pursuant to Resolution No. 327-76, convened an ad hoc Environmental Review Committee and completed an environmental assessment of a project identified as "Expansion of Iowa Street Parking Ramp"; and WHEREAS, a Public Notice of a finding of "no significant effect on the environment" for the project placed on file in the Office of the City Clerk and published September 21, 1976, in the Dubuque Telegraph Herald, a new- spaper of general circulation, provided for public comment until September 30, 1976; and ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Luodh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 3S3-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Donut Hut Ltd., 2900 Central Avenue Larry Kratzer, 2423 Rhomberg Avenue John Bastian, 353 Main Street Special Session, October 18, 1976 527 Special Session, October 18, 1976 526 the Recreation Commission for three year terms to 7-5-79. Seconded by Councilman Tully. Carried by the fol- 10wiog vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. At 10:52 P.M. Councilman Tully moved to go into executive session to discuss further appointments to various Boards and Commissions. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Council Reconvened in regular ses- sion at 11:06 P.M. Mayor Lundh an- nounced the following appointments: Willa M. Bussan to the Housing Com- mission for a two year term expiring 8-16-78; Eric Melson to the Human Right Commission to fiil the unexpired term of James Goetzinger to 1-1-77; Karen Dirks, Steve Roussel, V.S. Lan- degaard, George Glynn and LeoJ. Meier to fiiI vacancies on the Community Development Commission. Councilman Wertzberger moved ratification of the appointments. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. 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, Tully, Wertzberger. Nays-None. Leo F. Frommelt City Clerk Approved .................... 1977 Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 387-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, (Also Sunday Sales), 701 Dodge Street CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Helen Ann Spielman, (Also Sunday Sales), 2401 Windsor Avenue Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT J. & P. O'Hara, Inc., (Also Sunday Sales), 855 Century Drive CLASS "C" BEER PERMIT James Edward Ryan, 1875 J.F. Kennedy Rd. Kay Nemmers, 250 W. 1st Street Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen Richard F. Albert, 90 South Locust St. James E. Ryan, 1875 J.F, Kennedy Road Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 384-76 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT J. & P. O'Hara, Inc., (Also Sunday Sales), 855 Century Drive CLASS "C" BEER PERMIT James Edward Ryan, 1875 J.F. Kennedy Road Kay Nemmers, 250 West 1st Street Passed, adopted and approved this 18th day of October 1976. Alvin E. Lundh Mayor Richard Wertzberger Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 386-76 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 Anothony A. and Bette O. Helling, (Also Sunday Sales), 701 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Helen Ann Spielman, (Also Sunday Sales), 2401 Windsor Avenue Passed, adopted and approved this 18th day of October, 1976. Alvin E. Lundh Mayor ThomasA. Tully Jr. Richard Wertzberger James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. A class "B" beer permit application was presented for David Erickson at 500 Rhomberg Ave. Some discussion arose amongst the Council; Evidently some complaints have been received from the neighbors in the area as to the operation of a tavern at this location. Councilman Tully moved that the application be tabled on the Erickson application until next meeting of the Council and to look for further report from the Police Department. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays-None. Mayor Lundh moved to reappoint C. Michael Reilly and Mrs. Betty Nugent to Adopted ...................... 1977 ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the foilowing vote: Yeas - Mayor Lundh, Councilmen Brady, Stackis, Tully, Wertzberger. Nays - None. RESOLUTION NO. 385-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply with tbe Ordin- ances of this City and they have filed proper bonds; ................................. ................................. ......................... ................................. ................................. ATTEST: Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded bv Councilman Councilmen Attest: ........................... City Clerk 528 Special Session, October 21, 1976 CITY COUNCIL OFFICIAL Special Se.sion, October 21,1976 ~~::.:;::~t ~~~::~ ~:'d~~'g~~~cil- I men Stackla, Tully, Wertzberger. City Manager Gilbert D. Chaveneile. Absent- Councilman Brady. Mayor Lundh read the call and stated that service thereof had been duly made and this Meeting is called for tM pur- pose of CONSIDERING ADOPTION OF A RESOLUTION PROVIDING FOR THE SALE AND AWARD OF $3,700,000 CIVIC CENTER BONDS AND AP- PROVING AND AUTHORIZING THE AGREEMENT OF SUCH SALE AND AWARD, and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the publisher, of Notice of Sale of $3,700,000 Civic Center Bonds, present- ed and read. Mayor Lundh moved that the proof of publication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Mayor Lundh called for open or oral bids. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. No open or oral bids being received, Councilman Tully moved that oral bid- ding be closed. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Mayor Lundh moved that the sealed bids received be opened and read by tbe City Clerk. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. October21,1976 Honorable Mayor and City Council Bids were received today covering $3,700,000 City of Dubuque, Iowa, Civic Center Bonds. There were five bids received which are listed at the bottom of this letter in accordance with the attached signed bids. There were no oral bids. Upon examination, it is our opinion that the bid ofthe First National Bank of Chicago and Carleton D. Beh Compaoy, joint managers, is the best bid received, and it is further our opinion that it is favorable to the City and should be accepted. We therefore recommend that the bonds be awarded to that bidder at a net interest rate of 4.779216% and at the premium and interest coupons as specified in said bid. Account Managers Net Intereat Rate Continental Il1inois National Bank and Trust Company of Chicago and Associates.. . .. . .. .. .. ." 4.8159% The First National Bank of Chicago and Carleton D. Beh Company, joint managers ..............4.779216% Harris Trust and Savings Bank and Associates.. .. .. .. .. . .." 4.8582% The Northern Trust Company and Associates ............,. 4.89395% United California Bank. . . .. 4.8478% Paul D. Speer & Associates, Inc. Paul D. Speer, President Councilman Tully 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 Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. RESOLUTION NO. 388-76 Resolution providing lor the .ale and award 01 $3,700,000 Civic Center Bond. and approving and author- Izing the agreement 01 such .ale and award. WHEREAS notice of sale of $3,700,000 Civic Center Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper pub- lished in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by none consisting of par and accrued in- terest plus a premium of none, with the bond to bear interest at the following rates per annum; 529 Special Session, October 21, 1976 Vearol Matuilty [986 1987 1988 [989 1990 1991 1992 Int. Rate Vaar 01 Int. Maturity Rate 1978 NONE 1979 [980 1981 [982 1983 1984 1985 and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by the First National Bank of Chicago and Carleton D. Beh Company joint managers, consisting of par and accrued interest pius a premium of $3,932.97, with the bonds to bear interest at the following rates per annum: Vearo. Int. Vearo. Maturity Rate Maturity 1978 4.50% 1986 [979 4.50% 1987 1980 4.50% 1988 [981 4.50% [989 1982 4.50% 1990 1983 4.50% [991 1984 4.50% 1992 1985 4.50% NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being duly ad- vised in the premises it is hereby deter- mined that the bid ofThe First National Bank of Chicago and Carleton D. Beh Company joint managers for the pur- chase of $3,700,000 Civic Center Bonds of said City, dated November 1, 1976, as advertised, bearing interest at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said The First Nationai Bank of Chicago and Carleton D. Beh Com- pany joint managers. Section 2. That the form of agreement of sale of said bonds be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to accept and execute the same for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are her- eby repealed. Maturity Rate 4.50% 4.80% 4.80% 4.80% 5.00% 5.00% 5.00% Passed and approved October 21, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded October 21,1976 Leo F. Frommelt City Clerk Mayor Lundh moved adoption of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Mayor Lundh moved that the City Clerk be directed to return checks to the unsuccessful bidders. Seconded by Councilman Tully. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. There being no further business, Councilman Tully moved to adjourn. Seconded by Councilman Wertzberger. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. Leo F. Frommelt City Clerk Approved .........." 1977 Adopted ...................... 1977 .......................... ................................. ................................. ................................. ..................... Councilmen Attest: ..."...... .............". City Clerk