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Y Roll_36 Part 07512 Special Session, September 24, 1973 Passed, adopted and approved this 24th day of September, 1973 Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ad -op. tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Thorns moved to de- lete the bond issue on City Hail from the November 6th ballot. Mo- tion died for lack of a second. RESOLUTION NO. 320.73 RESOLUTION calling an election on tM issuance of $560,000 City Hall Bonds. WIiEREAS it is deemed neces- sary and advisable that the. City of Dubuque, Iowa, remodel the city hall in said City, for which pur- pose it will be necessary to barrow money and issue bonds of said City in the amount of $560,000: and WHEREAS before the city hall may be remodeled and before mo- ney can be borrowed or bond, can be issued to cover the expense thereof, the question must be pre- sented to the qualified voters of the City for their approval, as required by Chapter 407 of the Code of Iowa, 1973, as amended; and WHEREAS under tike provisions of Section 47.2 of the Code of Iowa, 1.973, as amended, the County Com- missioner of Elections is charged with the responsibility of conduct- ing all elections within the County and this Council has consulted with said Commissioner regarding the date on which the election may most conveniently be held and it has been agreed that the 6th day of November, 1973, is a suitable date for conducting said election; and WHEREAS registration of voters is rewired for elections held in said City; NOW, 71 MREFORE, Be It Re- solved by the CitLv Council of the City of Dubuque, Iowa, as follows: Section 1. 'haat at the regular mundedpal election to be held in and for said City sof Dubuque, Io- wa, on the 6th day of November, 19M, there shall be suhmdted to the voters of said city the pro. position of remodeling The city hall in said City and contracting in- debtedness for swch ,purpose not exceeding V%0,0W and issuing bonds for :such purpose not ex- ceeding $564,000 and levying a tax annually upon the taxable property in said City not exceeding one and one-half mills per annum for the payment of such bonds and the interest thereon. Section 2. For said election on said proposition the City shall be divided into twenty-five election precincts, the boundaries of which :shall be as delimited by Ordinance No. 213-72 of said City. me 1xa11s shall be kept open from seven o'clock in the morning until eight o'clock in the evening, and the polling places within the respective election precincts shall be as fol- lows: Voting Precincts Polling Places Iilirst, Marshall School, 1454 Rhom- berg Avenue Second, Dubuque County Court> house, 720 Central Avenue Third, Sacred Heart School, 2213 Queen Street Fourth, Christensen's Greenhouse, 2636 Windisor Avenue Fifth, Holy tGhoA School, 2901 Cen- tral Avenue Sixth, Fulton School, 2540 Central Avenue Seventh, Audubon School, 6055 Lin- coln Avenue Eighth, Fire Station, West Eigh- teenth Street and Central Ave- nue Ninth, Amalgamated Meat Cutters Union Building, 111.4 Bluff Street Tenth, Mercy Hospdtal N u r s e s Home, 251E Peabody Street Eleventh, Bryant School, 1290 Rush Street Twelfth, YMCA, Dodge Street and Booth Street Thirteenth, Washington Junior High School, 51 North Grand- view Avenue Fourteenth, Fire Station No. 4, Uni- versity Avenue and Atlantic Street Special Session, September 24, 1973 513 Fifteenth, Lincoln School, 1101 West Fifth Street Sixtem,tjh, Jackson School, 715 West Imcu&t Street Seventeenth, I)ulwque S e n i o r High School, 1800 Clarke Drive Eighteenth, Irving School, 2 5 2 0 Pennsylvania Avenue Nineteenth, Kennedy School 2135 Woodland Drive Twentieth, Hempstead High School, 3715 Pennsylvania Avenue Twentyifirst, Eisenhower School, 3170 Spring Valley Road Twentysecond, Wahlert H i g h School, 20(15 Kane Street Twenty-third, Wahlert High School, 200.5 Kanc Street T%-enty,fourth, No. 5 Engine Hoarse, 689 South Grandview Avenue Twentydifth, St. Elias The Pro- phet Greek Orthodox Church, 1076 Rockdale Road Section 3. 'Mat as required and provided for by Sections 407.7 and 407.5 of the Code of Iowa, 1983, as amended, the County Commis sioner of Elections is hereby au- thorized, empowered and instruct- ed to issue a procaatmation and notice of election on said ipropasi- tion and of the time and places thereof, by publication of such no- tice in the "Telegraph,lierald", a newspaper published in said City of Dubuque, Iowa, and of general circulation therein. Such notice shall be publushed in said news- paper once each week for at least three consecutive weeks and on the same day KAf each week, and the last of such ,publkations shall be not less than five nor more than twenty days before the date fixed for said election. Such no- tice shall be in substantially the following Sorin: NOTICE OF ELECTION ON CITY HALL BONDS DUBUQUE, IOWA PUBLIC N(YME is hereby ,gi- ven that at t9te regular munici- pal eaectdon to be held in the City of Dubuque, towa, on the 6th day of November, 1973, there will be submitned to the qualified voters of said City, to be by them voted upon, the proposition of remodeling the City hall in said Cdty, the Con- tracting of indebtedness for such purpose not exceeding $%0,0W, the issuing of bonds od said City for such purpose not exceeding $5W,000 and the levying od a tax on ah taxable property in said City at the rate of not exceeding one and one -hall mills per annum for the Payment of such bonds and the interest thereon, At said election voting machines Will be used for the submission of the aforesaid i'anrposition and ballots ,prepared therefor will have the .prop(mition printed thereon in substantially the £ollawing form: ( Notice to Voters: For an af. firm alive vote upon the q�twstion submitted, pull down the lever above the word "Yes." For a ne. gative vote pull down the lever above the m-tord "No.") SHALL THE FOLLOWING PUB- LIC MFEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, remodel the city hall in. said City and contract indebtedness for such purpose not exceeding $560,000 and issue bonds for such purpose not exiceeding ;560,000 and levy a tax annual,y apx)n the taxable property in said City of Dubuque not ex. ceed.ng one and one-half mills per annum for the payment of such bonds and the interest thereon? For said election the City will be divided into twenty-five elec- t:KM precincts, thee boundaries od which shall be as delimited by Ordinance No. 28-7y of said City. The polls will be kept open from seven o'clock in the morning un- til eight o'clock in the evening, and the polling places within the respective election ipneeinct.s will be as follows: Voting Precincts Polling Places First, Marshall School, 1450 Rhom- berg Avenue Second, Dubuque County Court- house, 770 Central Avenue 7Uurd, Sacred Heart. School, 221a Queen Street Fourth, Christeasen's Greenhouse, 26Z Windsor Avenue Fifth, Holy Ghost School, 2901 Central Avenue Sixth, Fulton School, 2W Central Avenue Seventh, Audubon School, 536'14n - coin Avenue Eighth, Fire Station, West Eigh- teenth Street and Central Ave- nue Ninth, .Amalgamated Meat Cutters Union Building, 1111 Blug Street Tenth, Mercy Hospitail N u r s e s Home, 252 Peabody Street 514 Special Session, September 24, 1973 Eleventh, Bryant School 128o Rush Street. Twel b, YMCA, Dodge Street and Booth Street Thirteenth, Washington Junior High School, 5,1 North Grand- vdew Avenue Fourteenth, Fire Station No. 4, Uni- versdty Avenue and Atlantic Street Fifteenth, Lincoln School, 1101 West Fifth Street Sixteenth, Jackson School, 715 West Locust Street Seventeenth, Dubuque Senior High School, 1900 Clarke Drive Eighteenth, Irving School 2520 Pennsylvanda Avenue Nineteenth, Kennedy School, M35 Woodland Drive Twentieth, Hempstead High School, 3715 Pennsylvania Avenue Twenty-first, Eisenhower School, 3170 Spring Valley Road Twenty-second, W ahlert H i g h School, 2005 Kane Street Twenty-third, Wahlert H i g h School, 2005 Kane Street Twenty4ourth, No. 5 Engine House, 689 South Grandview Avenue Twenty-fifth, St. Elias The Pro- phet Greek Orthodox Church, 1075 Rockdale Road All qualified voters of said City are hereby notified to appear at said election, each to vote at the polling place for the election pre- cinct in which such voters resides, or as permitted by statute. This notice is given by order of the City Council of the City of Dubuque, Iowa, and the County Commissioner of Elections, pur- suant to Chapters 47, 49 and 407 of the Code of Iowa, 1973, as amended. DATED at Dubuque, Iowa, this 24th day of September, 1973, Harold P. Meloy County Commissioner of Elections Attest: Leo F. Frommelt City Clerk Section 4, That voting machines shall be used for said election and the County Commissioner of Elec. trans is authorized and directed to cause ballots for voting on said proposition to be prepared in such size as will permit the same to be inserted in the proper place in each voting machine in sub- stantially the following form: (Notice to Voters: For an affir- mative vote upon the question sub- mitted, pull down the lever above the word "Yes". For a negative vote pull down the lever above the word "No".) SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED'. YES NO Shall the City of Dubuque, Iowa, remodel the city hall in said City and contract indebtedness for such purpose not exceeding $560,000 and issue bonds for such purpose not exceeding $560,000 and levy a tax annually upon the taxable proper- ty in said City of Dubuque not exceeding one and one-half mills per annum for the payment of such bonds and the interest there- on? The County Commissioner of Elections is authorized and direct- ed to have the ballots for absent voters prepared on yellow colored paper in substantially the follow- ing form, and with the facsimile signatures of the County Commis- sioner of Elections and the City Clerk in the spaces provided there- for on the back of the ballots: (Face of Ballot) (Notice to Voters: For an affir- m ative vote upon the question sub mitted upon this ballot make a cross (x) mark or check ( ) in the square after the word "Yes". For a negative vote made a simi- lar mark in the square following the word "No".) SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, remodel the city hall in said City and contract indebtedness for such purpose not exceeding $560,000 and issue bonus for such purpose not exceeding $560,000 and levy a tax annually upon the taxable proper- ty in said City of Dubuque not exceeding one and one-half mills per annum for the payment of such bonds and the interest there- on? YES NO (Back of Ballot) Official Absent Voters Ballot for City Hall Bond Proposition Regular Municipal Election, Du- buque, Iowa November 6, 1973. ,(Facsimille Signature) County Commissioner of Elections Special Session, September 24, 1973 515 Attest: (Facsimile Signature) City Clerk Section S. That for said election the Judges and Clerks of election in the respective election precincts shall be appointed by the County Commissioner of Elections as re- quired by Section 49.13 of the Code of Iowa, 1973, as amended. Section 6. That upon the closing of the polls for said election the Judges and Clerks therefor shall file reports of the results of the vote on said proposition with the County Commissioner of Elections in order that such results may be referred to the County Board of Supervisors at its meeting to be held on the next Monday after said election at the County Court- house, Dubuque, Iowa, at 9:00 o'clock A.M. for the purpose of canvassing and declaring the re- sults of said election, as required and provided for by Section 50.24 of the Code of Iowa, 1973, as amended. Section 7. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed. Section 8. That this resolution be in force and effect immediate- ly upon its passage and approval. Passed and approved Septem. ber 24, 1973. Joseph J. Bitter Mayor Attest: Leo F. Frommelt City Clerk Recorded September, 24, 1973. Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second. ed by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer. Nays — Councilmen Pregler, Thorns. Councilman Moldenhauer moved that the staff be directed to pre - Pare necessary documents to change parking meters adjacent to City Hall; In the lot from ten hour meters to one hour meters; for the three in front of City Nall on 13th street from two hour me- ters to twelve minute meters and the matter be referred to the City Manager and Traffic Department. Seconded by Councilman J us t - mann. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. Mayor Bitter moved to invite the Medical Associates to invite us to tour their building and re- quest the Medical Associates to give us a written proposal with a price and vacancy date. Second- ed by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Pregler, Thoma. Nays — Councilmen Justmann, Moldenhauer. At 9:32 F.M. Councilman Preg- ler moved to go into executive session to consider names for ap- pointment to fill a vacancy on the Airport Commission. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. At 10:00 P.M. the Council re- convened in regular session and Councilman Pregler moved that Mr. John Higley be appointed to replace Mr. Victor Grice, for a six year term to 9-14.73. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of KDT'H, a copy of which was sent to all Council- men, relative to a proposed es- tablishment of a city policy pre- venting release of information by staff members repugnant and to. tally contrary to the public in- terest, along with a cagy of com- munication by Councilman Robert Justmann, in rebuttal, presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen ,tu_vtmann, Moldenhauer, Pregler, Thorns. Nays—None, There being no further business Councilman Pregler moved to ad journ. Seconded by Mayor Bit. 516 Special Session, September 24, 1973 ter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None, Leo F. Frommelt City Clerk Approved January 7, 1974 Adopted January 7, 1974 Regular Session, October 1, 1973 517 CITY COUNCIL OFFICIAL Regular session, October 1, 1973. Council met at 7:30 P.M. (C.D. T.) Present — Mayor Bitter, Council- men Justmann, Moldenhauer, Preg- ler, Thorns. City aMnager Gilbert D. Chavenelle. Mayor Bitter read the call and stated that service thereof h a d been duly made and this meeting is the regular meeting of the City Council called for the purpose of acting upon such business as may properly come before the meeting. Communication of f,ow Rent Housing Commission submitting minutes of their meeting of Sep tember 18, 1973, presented and read. Councilman Pregler moved that the communication he receiv- ed and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Oouncilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Dubuque Ser- toma Club submMing a note of thanks stating that the light bulb sale exceeded all prior years, pre- sented and read. Councilman Preg ler moved that the communica tion be received and filed. Se conded by Mayor Bitter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, The ms. Nays—None. Communication of Iowa Depart- ment of Environmental Quality submitting notice of hearing to be held in Des Moines on October 30th regarding the revision of existing sanitary disposal project rules, presented and read. Coun- cilman Moldenhauer moved that the communication he referred to the Manager and staff. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, ,Pregler, Thorns. Nays– None. Communication of Playground l4 Recreation Commission submitting minutes of their meeting of Sep- tember loth, presented and read. Councilman Moldenhauer moved that the communication be re.ceiv. ed and filed. Seconded by Coun cilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Tboms. Nays—None. Communication of Edgar M. Dempsey of 2005 Rosedale. ( brought forward from meeting of September 17th) relative to crack- down on noise pollution, presented and read. Councilman P r e g l e r moved that the communication be referred to the City Manager and staff. Seconded by Councilman )Moldenhauer. Carried by the fol- lowing vote: Yeas—Alayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Metropolitan Planning COm.miS- sion submitting sample of com- munication proposed to be gent to Governor Ray, advocating and supporting the idea to provide re- gional planning and become cer- tified for State and Federal grant in -aid programs, presented a n d read. Councilman Moldenhauer moved that the Mayor be authoriz- ed to sign a letter of intent. Se- conded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen ,lustmann, Moldenhauer, Pregler, 11ioms. Nays—None. Proof of Publication, certified to by the Publisher, of Receipts, Dis- bursements, and list of claims for August 1973, presented and read. Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Mayor Bitter. Carried by the fol lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays—None. September 28, 1973 Honorable Mayor and Members of the City Council This is to advise your Honorable body that nomination papers for the following named persons have been filed in the office of Com missioner of Elections on Septem bvr 28, 1973. Regular Session, October 1, 1973 FOR COUNCILMAN James E. Brady, 480 Glen Oak Street. Michael G. Farley, 1453"i Else St. Edgar L. Friloux III, 2160 Grace St. Lester J. Hartley, 714 W. FiM, St. John J. Heiderscheit, 860 Goethe St. John E. Holl, 2675 Kerper Blvd. Bud Hunt. 2178 Keyway Drive. Robert Klein, 2646 Owen Court. Jay D. Kolker, 1763 Rosemont St Mildred R. Leifker, 1504 Central Ave. Alvin E. Lundh, 2678 Marywood Drive. Helen Mercer, 1198 Mount Loretta Robert P. Odden, 164 Nevada St Emil Stackis, 190 Saunders St. John L. 1igges, 505 Rhomberg Ave. FOR PARK BOARD Frederick R. Appel, 1890 Bennett St. James G. Schilling, 1780 S. Grand view Ave. Robert A. Sullivan, 1320 Locust St. David J. Willoughby, 365 Hill St. Receipt from the Commissioner of Elections is attached. Primary Election will be held on October 23, and the General on Novembe? 6, 1973. Leo F. Frommelt City Clerk Councilman Moldenhauer moved that the communication be receiv- ed and filed and made a matter of record. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thom s. Nays --None. September 21, 1973 Honorable Mayor and City Council On October 14, 1972, Mr. George B. Buell, of 1725 Vizalea Drive, sent a memorandum advising of R fall .that occurred on September 15, 1972 in front of 1740 West 12th Street. I have conferred with the claimant and have determined that he fell on private property and that there is no basis for claim. Communication of Mr. Buell is enclosed herewith. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. September 24, 1973 Honorable Mayor and City Council On September 6, 1973, Thomas Robert Puccio filed claim in the estimated amount of $574.48 and $526.52 claiming damages to his motor vehicle on September 5, 1973 as the result of its being sideswiped by a City owned sanitation depart- ment truck near his residence at 2550 Pearl Street, this city. This matter was referred to the appropriate City Agency who in vestigated the matter and by let- ter on September 19, 1973, ad- vised the City Attorney that said claim has been amicably disposed of. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Thomas Robert Puccio be denied. Original claim is returned herewith. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns, Nays—None. Communication of 'Phomas W. McKay, attorney, repmsenting a ,gToup of aand owners on the North Cascade Road, submitting a ,peti- tion of 1500 siginatures objecting to the docabon of a sanitary Rand - fill on the !Diavdd 'Waller farm and requesting to be heard at this mM- ing, presented and read. Councilman Moldenhauer moved ibhat the rules be suspended in order to let anyone present ad- dress the Councaa if they so de- sire. Seconded by Councilman Pretgler. Carried by the following vote: Yeas—Mayor Bitter, Counicilmem Justmann, Moadenhauer, PregacT, Thorns. Nays—Nlone. Mr. McKay addressed the Coun- cA and gave mullitte rea-sons why the CounciD shoivad not buy the Waller farm to be used for a land. Regular Session, October 1, 1973 519 fill site, such as being a residen- tial neighborhood, zoning restric- tions, %m -ter runoff, contamination of wells etc. Even though the City has conducted gets Mr. Waller stated that be would not sell. Aman Pregler moved that the Petition be received and filed. and the petition and a further re- port by MT. McKay be referred to the Manager and staff. Second- ed by Cbuncilman Moldenhauer. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. Petition of University of Dubu- que requesting a Permit to set off fireworks at their homecoming festiigbes on the night of October 12th, :presented and read. Council- man Bitter moved that the petition be approved providing it is done under proper supervision. Second- ed by Councilman Moldenhauer. Carried by the fodiowuW vote: Yeas—.Mayor Bitter, Councitmen Justmann, Moldenhauer, P7egier, 7lnoms . Nays—None. Peition of City Engineer John Wbite requesting that the Counrcii make time available at this meet- ing to review With consultants from H. D. & R. technology in the area of solid waste and discuvs engineer- ing data on the landfill sites pre- sently under investigation, present- ed and read. CouneiLman Pregler moved that the communica,Uon be received and hied. Seconded by Councilman Justmann. Carried by the fallowing vote: Yeas—Mayor Bitter, CoLuicilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None, Mr. Harvey Funk of 11. D. & R, gave a obde presentation show- ing how other cities are handling solid waste .material. The energy recovery idea seems to be the most likely to be considered as the most feasible route for the City to take. Dubuque is now hand- ling approximately 225 tans of trash per day. About 150 tons could be sold to energy producing utility compares and would, at least in a strewn way, heap the enrgy crisis. Petitioa of the Iowa Commission Of the Blind requesting a refund Df $75. on the unexpired portion of cigarette license No. 1R0, as %6y have discontinued business on presented and read. Cow- cAman Pregler mmved that the re- fund ;be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justimann, Moldenhauer, Pregier, Thorns. Nays -done, Petition of John J. Ste0en, re- questanig a refund of $76. on the unexpired porldon of cigarette b- cervse No. 66, as he bas discon- tinued business on 9-34-73, present- ed and read. Cxmncalman Pregler moved that the refund .be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas --Mayor .Bitter, Councilmen Justinann, Moldenhauer, Pregler, Thorns. Nays—None. At 9:45 P.M. the Council went into executive session to heartram the staff on possible purchase of a landfill sate, upon motion by Bitter. Seconded by Counedman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmane, Moldenhauer, Pregler, Thoms. Nays—None. At 10:35 P.M. the Council recon- vened in Tegular session with the announcement by the. Mayor that no conclusion had been readied as to landfill sites, purchase price etc. Cammurw, ation of City Engineer White recommendiing rebid of the 1973 Concrete Sidewalk program, submitting a corrected sc+hedt9c of assesmmenis, sbawing a total con- struction cost of $38,381.48, $20,924.61 would be a totwl city cost, and the net assessable cost to property (omiers would be $17,466.87, presented and read. C:ouneWnan Pregler moved that the corm mun6calion be receirved and filed. Seconded by Mayor Bitter. C7arried by the following vote: yeas—Mayor Bitter, Councilmen Justniana, Mo1den hauer, Pregler, 71homs. Nays—None. 520 Regular Session, October 1, 1973 Sdptember 28, 1973 Tb the Honorahae Mayor and City (buncdl I hereby submit the attached s3ieet.s No. 1 thru 16 showfing a revised sched Ae of the PrOPosed vatluations and assessments for the construction of the 1974 Concrete Sidewalk ,Project. John L. White, P.E. City Fktoneei Councilman Pregaer moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor .Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nuys—None. RESOLUTION NO. 321-73 BE SIT RESOLVED BY THE CS - TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached ,Sheets No. 1 to 16 inclusive, are hereby determined to be the sche- dule of the proposed assessments for the City of Dubuque 19173 Con- crete Sidewalk Project, and the valuations set out therein are here- by approved. Adopted this 1st day of October 1973. Joseph J. Bitter M ayo,r Walter A. Pregler Aldan T. Thoms Wayne A. Moldenhauer C. Robert. Justmann Councilmen Alttest: . Leo F. FTommeat CityClerk Councdlman PTeagler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the f0filOWiAg vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays ---None. RESOLUTION NO. 322-73 WHEREAS, the City Council of the City of Dubuque has passed a resolution of necessity for the 1913 Concrete Sidewalk Program. WHEREAS, the Notice of Con- tractors of the Receipt of Pro. posals for the Construction of the 1973 Concrete Sidewalk Program was duly published on the 22nd and 29th of May, 1973. WHEREAS, no proposals were received for the subject program on June 7, 1973. Now, therefore, be it resolved by the City Council of the City of Dubuque, Iowa, that the City Clerk be and is hereby ordered and directed to re -advertise for proposals for the construction of said improvement. Passed, adopted, and approved this 1st day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 323-73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John P. Milhalakis, dba Junnies, 2095 Kerper Blvd. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 1st day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—Councilman Justmann. Regular Session, October 1, 1973 581 RESOLUTION NO. 324-73 WHEREAS, application for Li- quor License 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 grant ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CIiAPTER 131—as amended by the 64th General Assembly, 1971. CLASS "C" (COMMERCIAL) BEER—LIQUOR LICENSE John P. Milhalakis, dba Junnies, 2095 Kerper Blvd. Passed, adopted and approved this 1st day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. .Seconded by Coun- cilman Moldenhauer. Carried by the fallowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. RESOLUTION NO. 125.73 WHEREAS, applications for Li- quor Licenses were filed by the within named applicants and they have received the approval of this council, and, WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is sued to the following named ap Wicants a liquor License. CLASS "C" (COMMERCIAL) BEER—LIQUOR LICNESE John P. Mihalakis, dba Junnies, '1086 Kerper Blvd. Passed, adopted and approved this 1st day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: I.eo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None, Councilman Pregler moved that a letter be sent to the Chairman of Boards and Commissions to hold meetings in the City Hall whenever possible, but consider the Fire Sta- tion as a suitable alternative. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. There being no further business Councilman Pregler moved to ad. journ. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays—None. Leo F. Frommelt City Clerk Approved January ..... 21 ..... W4 522 Special Session, October 8, 1973 CITY COUNCIL OFFICIAL Special session, October 8, 1973. Council met at 7:30 P.M. ME T.) Present — Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, Thorns. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is caroled for the purposee of acting upon such business as may pro- perty come before themeeting, ComimuWcation of Councilman Justmann expressing concern od having investigations and hearings conducted outside established pub- dic safety and judicial channels, more particularly concerned about the activities of the Human Rights Commission, pTesen;Wd and read. Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the foldovoing vote: Yeas—Mayor Bitter, CouncAmen Justmann, Moldenhauer, Pregder, Thoms. Nays—None. Communication of Councilman Jwsemann suggesting that more salesmen .be put to the task of sedain,g Downtown Urban Renewal 1 a nd arid proposi nig that the City Realtors be given an opportunity, .presented and read. Councilman Justmann moved that the com- munication be received and filled and the rules suspended in order to let anyone present address the Council if they •so desire. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thomas. Nays—None. Mr. Don Toom, a lociad realtor, skated that he would like to have an opportunity to dispose of Urban Renewal property. Councilman Moldenhauer moved that Cowncidman Justmann's let- ter be referred to the Council for a work session and a meriting with the Realtors of the City. Seconded by Councilman Justmann. Carried by the fodilowing vote: Yeas—Mayor Bitter, Oourwitmen Justmann, Moldenhauer, Pregler. Thoms. Nays—None. Communication of Councilman MoldenhaueT submitting a report on the League of Iowa Municipah- ties held in Cedar Rapids, Iowa, presented and ,read. Councilman Moldenhauer moved that the com- munication be received and filed. Seconded by Councilman Pregder. Carried .by the following vote: Yeas—Mayor Bitter, Councilmen Jusbma,nn, Moldenhauer, Pre -Wer, Thorms. Nays—None. October 5, 1973 Honorable Mayor and Members of -the City Councia I have approved the following General Liability policy and wish your approval of same for filing. William Becker & Sons Stone Com- pany -lows National Mutual In- surance Co. Policy *GLA 88 244 637 dated October 17, 1973 to October 17, 1974. Gdlbert D. Chavenelle City Manager Mayor Bitter moved filing appro- val subject to approval of the City Solicitor. Seconded by Councilman Pregler. Carried by the fallowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenbauer,-Pregler, Thom s. Nays—None. September 2B, 1973 lfonorable Mayor and City Council re: Frank L. Zmudka vs David J. Fleege; David J. Fleege vs City of Dubuque An action was commenced against the City of Dubuque in the Mundcipa0 Court of City of .Dubuque, Dubuque County, Iowa, alleging that .the defendant, David J. Fleege, was pulling from a stop sign, the street area of which was totally covered by a film of ice by reason of a street crew having filushed the street and as a result, when Mr. Fleege got to the centea' of the intersection he could not proceed, and the Zmudka vehiCle collided with him causing adlege.d damages to the Fleege auto in the amount of $1800.00 and to the Zniudk,a claT in the amaant of $413.42. This matter was noted for trail before Municipaa Court at Special Session, October 8, 1973 523 which time the plaintiff niadc an offer of seclement in the amount of $300.00 and the defendant -cross petitioner. Fleege, made an offer of settdcment in the amount of $7,50.00 and the City shall pay court costs in the amount. of $13.25. It is the recommendation of the City Attorney that said offers of seQblement be accepted and that the City Auditor be instructed to draw warrant payable to David J. Fleege in the amount of $750.00 and warrant payable to Frank L. Zm•udka in the amount of 5300.00 and a warrant payable to Joseph Stieiber, Cert of Court, in the amount of $13.25. Enclosed herewith is subrogation notice of American States Insu- rance, carrier for Mr. 7miudka. claim filed by David Fleege against the City of Dubuque, and original notice with petition at- tached of David J. Fleege, cross - petitioner ,% City of Dubuque. R. N. Ruvso City Attorney Oouncilman Moldenhauer moved approval of the recommendation. Seconded by Mayor Bitter. Carried by the fola(M-Ing vote: Yeas—Mayos Bitter, CJounciLmen Justmann, Moadenhauer, Pregler, Thoms. Nays—None. Notice of car damage claian of Roger Allen Brimmer, in an esti- mated a-moamt of $95.56, for da- ma,ge incurred as the result of striking a hole in the street at University and Algcxla on 9-21-73, presented and read. Councilman Moldenhauer moved that the notice be referred W flue City Attorney for investigation and report. Se- conded by Mayor Bitter. Carried by the follo'w-Ang vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 'hums. Nays—,None. Petition of St. Regis Paper Co. regUesrting permission to erect a sign on their property on the In- dustriad Lsiand on Kerper Blvd., presented and read. Councilman Pregler moved that the petrtion be referred to the City Manager and City Attorney .for investiga- tion and report. Seconded by Coun- cilman Moldenhauer. Carried by the follcnving vote : Yeas—Mayor Bitter, Councilmen Jusimann, Moadenhauer. Preg1w, Thoms. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 2352 Grace Street to pxx %Ide customer service, presented and read. Councilman Moldenhauer moved approvai of the ,petition. Seconded by Councilman Thoms. Carried by the fallowing vote: Yeas—Mayor Bitter, Councilmen Justmarm, Moldenhauer, Pregier, Thome. :Nays --None. Petition of Archie Kuehn et al (4 signers) requesting the erection of a street light on the west side of Bradley street between 163 and 185, pm4ented and read. Ckuncil- man Moldenhauer moved that the petition be referred to tate Mana- ger and Electrical Inspector for inn•estigation and report. Seconded by CouncAman Tho.ms. Carried by the foik.ming vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer. Pregaer, Thovns. Nays --None. Petition of Board of Dock Com- ,rnicnioners requesting a meeting to discuss the feasibaaity, cost and need of financing sewer and water service for area "C", presented and read. Councilman Moldenhauer moved that the communication be received and filed and ro4erred to the Council and set a .meeting date Cktobcv 3911 at 4:30 P.M. with the Dock Commission. Se- conded by Gwnaiiman Iloms. Car- ried by the Wowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thotrns. Nays—None. Pe4ition of League of Women Voter, recommen(hng the na.mc of Mrs. Floyd Wiedetthoat 40 fid a vacancy on the Iafirary Board, pre- sented and read. Ccxutcilman M'4' denhauer moved that the petition be reherred to the Council. Se- conded by Councilman Thom",. Car- ried by the following vote: Yeas—Mayo' Bitter, Councilmen Justnlaruo, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Marine Corps League rcwuestifun the Mayor to proclaim October 38th as U.S. Max"W Band 524 Special Session, October 8, 1973 Day in Dubuque, in rek'ognition of the U.S, Marine Band appear- ance at Senior High on that day, presented and read. Councilman d Moldenhaue+r moved aG a the peetion. Seconded by Council- man Thoms. Carried by the fodaaw- ing vote: Yeas—Mayor BitleT, Cmncia.men Jastmann, Moddenhauer, PregleT, 'Moms. Nays_44on'e. Camrnunication of Mrs. Dorothy Smith of 173511 Central Ave. ob- jectin g to tbe opting u and read Vadley Cap, presented Mayor Bitter moved that the com- munication be received and filed. &vonded by Councilman Thoms. Carried by the following vote: yeas—Mayor Bitter, Councilmen JuAmann, Moidenhauer, Pregler, Thorns. Nays Nome. 0ofm,municati of Robert Fisich of 722 W. Mqb St. requesting the Councia to stay with the River Vaaaey Carp Inc. Agency, presented and read. Mayor Bitter Rnoved that tine communication be receihved and Ned. Seconded by Councilman Moms. •Carried by the fo ikming vote: Yeas—M ayar Butter, Couniciamen Justmann, Moldenh-auer, Pregler, Thoms. Nays—Slone. Mr. Louis Barratt, County Super- visor, stated that the target date for "New View" agency is set for November 16t as a iundnig date. Transmission will be made smoothly with everybody involved. Tri -County area will be kept in- tact. An excellent organization is in place and the governing board will consist of two supervisors and one City Courucilman. RESOLUTION NO. 326.73 Resolution concurring with the ac- tion of Dubuque County, Iowa des- ignating Dubuque County Board of Supervisors as the governmental community action agency for Du- buque County, Iowa NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City Council of the City of Dubuque, Iowa does hereby concur in the action taken by the Dubuque County Board of Supervisors at their meeting on September 25, 1973 withdrawing from River Valley Inc. as Dubuque County's Community Action Agency and designating, in lieu thereof, the Dubuque County Board of Supervisors as the governmental community action agency for Du- buque County, State of Iowa. Section 2. It is the intent of City Council of the City of Du- buque, Iowa to formally expres its wish to cooperate with the Du- buque County Board of Supervisors in establishing said legal govern- mental agency and not necessarily - as an expression of their right to exercise their right to opt out of the designation of River Valley Inc. as Dubuque County's com- munity action agency. Passed, approved and adopted this 8th day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moklenhauer, Preigaer, Thoms. Nays—None. RESOLUTION NO. 327-73 WHEREAS, plat dated Septem- ber 5, 1973, prepared by Bartels, McMahan, LeMay, Haas & Fay Engineering Co., licensed civil en- gineers and land surveyors, cover- ing lot "A" of Lot 2 of Lot 1 of Lot 1 of Lot 1 of "De Luxe Cottage Court" in the City of Du- buque, Iowa; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated September 5, 1973, prepared by Bartels, McMahan, LeMay, Haas & Fay Engineering Co., licensed civil engineers and land surveyors, covering the real estate herein- above described, be and the same Special Session, October 8, 1973 525 is hereby approved and that the Mayr and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of October, 1973. Joseph J. Bitter Mayor Wayne A. Moldenhauer Walter A. Pregler Allan T. Thorns C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 328.73 WHEREAS, City of Dubuque, Iowa is the owner of I.ot "A" of Lot 2 of Lot 1 of Lot 1 of Lot 1 of "De Luxe Cottage Court" in the City of Dubuque, Iowa; and WHEREAS, C. W. Enterprises Inc. desires to use said real estate pursuant to and in accordance with Agreement for Revocable Permit; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF T)UBUQUE, IOWA: Section 1, That Revocable Per- mit be and the same is hereby granted to C. W. Enterprises Inc. to use the said above described real estate in accordance with the terms and provisions of the Agree- ment for Revocable Permit, copy of which permit is hereto attached. Section 2. That said Agreement for Revocable Permit be and the same is hereby approved and the Mayor and the City Clerk be and they are hereby authorized and directed to execute same for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he. ix herehy authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. .Passed, approved and adopted this 8th day of October, 1973. Joseph J. Bitter Mayor Wayne A. Moldenhauer Walter A. Pregler Allan T. Thorns C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho ms. Nays—None. RESOLUTION NO. 329.73 WHEREAS, application for Liq- uor License 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 grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 131—as amended by the 64th General Assembly, 1971 CLASS "B" (HOTEL -MOTEL) BEER and LIQUOR LICENSE Topeka Inn Management, Inc., dba Holiday Inn of Dubuque, 1111 Dodge Street Passed, adopted and approved this 8th day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoma. Nays—None. Special Session, October 8, 1973 RESOLUTION NO. 330.73 R'IiERF.AS, applications for Li- quor Licenses were filed by the within named appaicants and they halve received the approval of this council, and, WHEREAS, the premises to be occupied by such applicants were inspecited and fiound to comply with Stade Law and aU Citv Ordinances relevant thereto and they halve Bided proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to he issued to the followng named applicants a Liquor License. CLASS "B" (HOTEL MOTEL) BEER and LIQUOR LICENSE Topeka Inn Management., Inc., dba 11ohday I•nn of Dubuque, 1111 Dodge Street Passed, adopted and approved this 8% day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. ,Robert Justmann Councilmen Attest: Leo F. Fr+ommebt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by (ouncil,man Thoms. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. September 34, 1973 ilonorable Mayor and Members of City Council Mrs. Doris Riekena, an appointed member of the Dubuque Transit Board, is Secretary and owner of certain shares of stock of the R & S Enterprisers, Inc. R & S Enterprises, Inc. has sub- mitted a proposal to purchase cer- tain real estate in the Downtown Urban Renewal Project, Iowa I1-16 for the purpose of providing addi- tional off-street parking for their customers utilizing the Bus Depot facility located on the adjoining land. 'Me membeTshup of Mrs. Rie- kena on the Dubuque Transit Board does not appear to be a personal interest as setforth in Chapter 403.16 of the Iowa Code, known as the Urban Renewal Law, pro- hibiting or othe6rwise limiting the parCedpation by Mrs. Riekena or R & S Earterprises, Inc, in the proposed transaction. At the direction of the City At- torney it is hereby requested that this letter be received and made a part of the official proceedings of this meeting. In addition a conformed copy of this letter wall be made avail- abie for public inspection together with certain other documents in the City Caerk's office. Gent M. Wittenberg Gouncilman Pregier .moved that the commundcat.ion be received and Puled and made a matter of record. Seconded by Councilman J u s t - mann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 331.73 Declaring intent to sell a portion of the Downtown Urban Renewal Project, Iowa R-15, to R & S Enter- prises, Inc. WHEREAS, under date of March 19, 1973 and April 30, 1973, the Council of the City of Dubuque adopted Resolutions Numbered 90- 73 and 148-73 respectively, both of which approved and authorized the receipt of proposals for the rade and redevelopment of a cer- tain parcel ori read estate in the Downtown Urban Renewal Project, Iowa RA5; and WHEREAS, pursuant to said re- solutions, a notice of Invitation for Proposals was published in the Te- aegraph.Heraad, a newspaper of ge- neral circulation in the (city of Dubuque, Iowa, on Aphl 4, 1973, April 17, 1AT3, May 8, 1973 and May 15, 1943; and WHEREAS, in response to said offering, a proposal for the Pur- chase and redevelopment of the real estate was received from R & S Enterprises, Inc.; and WIIEREAS, pursuant to (1hapter 403 of the (ode of Iowa, as amend. Special Session, October 8, 1973 527 ed to date, and certain regulations of the United States Department of Housing and Urban Develop- ment, certain documents must be made availabae for public inspec- tion and a pudic hearing conduct- ed; now there!ore BE IT RESOLVED BY TIDE Cl - Ty QOUNCI.L OF THE CPPV OF DUBUQUE, IOWA: Section 1. Thal the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Lot 3 orf Block 6, except the North 15 feet thereat and exK-W the South 65 feet thereof; and Lot 1 of Block 6 in Dubuque D(Nw-n- town Plaza also known as Disposi- tion Parcel 1-1A in the I)owntcxwn Urban Renewal Project, Iowa R-15, to R & S Enterprises, Inc. in ac- cordance with the terms and con- ditions of the Land Marketing Do- cuments governing such sane on f le in the office of the Depart- ment of Housing and Redevelop- ment. Section 2. Thai the City Cleric he and he is hereby authorized and direcaed to publish notice of public hearing to be held on No- vember 19, 1973, and to make cer- tain documents available for pub- lic in"iwlion. Stroh notice shall be subs-tantially in the form of "Exhibit A" attached hereto and made a part hereof, and such no- tice may cover one or more pro. posals. Passed, approved and adopted this 8th day of October, 1973. Joseph J. Bitter Mayor Walter A. Progler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant W Chapter 403 of the 1U66 Code of Iowa, as amended, the City Council of the City of Dubuque will hold a public hear- ing for the purpose of considering the authorization of the execution of proposed agreements by and between the City of 1>ui>uque and the develq*m hereinafter listed for the purchase and redevelop. Merit Of certain parceils of real estate located in the Downtown Urban Renewal Project, Iowa R415, which project includes the area bounded by Fourth street on the souAb, Central Avenue on the east. Ninth Street on the north, and Locust Street on the west. Name of Developer, R & S Enterprises, Inc. Address, 485 Central Avenue, Du- buque, Iowa. Said hearing will be held in Corm- cia Chambers, City Hall, lath and Iowa Streets, Dubuque, Iowa, at 7:30 P.M. on the 19th day of No- vember. 1973, and any person or organization desiring to be heard w.fl be given an opportunity to be heard on the question of the proposed disp Moons. A "Redeveloper's Statement for Pubic Disclosure" in the form pre- scribed by the Department of Hous- ing and Urban Development and the proposed "Disposition A ;ree- ment" for each of said developers are. on file and available for in- spection at the affice of the City Clerk, City Haul, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays and ho- lidays. Said document shall also be avaiiabie at the time of the public hearing. Leo F. Frommelt Glity Clerk Councilman Pregler .moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Biller, Councilmen Justmann, Moldenhauer, Preigler, Thoms. Nays–done. Attorney Martin Cooney and Mr. Sherman both addressed the Coun- cil by stating that the bus syste2n needs more space. RESOLUTION NO. 332.73 WHEREAS, the (%ty Council of the Caty of Dubuque, Iowa, was formally notified in writing by I]r- ters,tate Power Company of its in- tention to discontinue its bus cyp- eration in the Qty of ,I?ubuque, Iowa erPfe,&3ve Aug41A 3U, 1978; and WHEREAS, the City Oauncii ori the City of Di4111q11e, Iowa resolved 528 Special Session, October 8, 1973 to acquire said bus system and to operate 4he same; and WHE"AS, .the City Council ad the City of Dubuque. Iowa called upon the Citizen's Advisory Com. mittee to assist in the promotion of a favorable vote on the -Special Exec ion held on June 26, 1973; and VV'fi bERFAS, the electors ofi the City of ix"que, Iowa did vote in flavor of the proposition of the bus system and operation of same by the City of Dubuque, Iowa; and NOW 1mRE*, RE BE 1T RE- SOLVIDD BY THE CITY COUNK3L OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of ,Dubuque, fowa does hereby acknowledge and recognize the invaluable assistance rendered by the Citizen's Advisory Commit- tee, other -special committees and all other persons who so generously gave of their talents and their time in securing a favorable elec. tion result, in promoting the com- mencement of :bus -service and in marking September 1, I973 with appropriate ceremonies and festiv- ities inaugurating the operation of said system. Section 2. That the City Orurwia of She City of Dubuque, Iowa does hereby formally express their rol- lective thanks and gratitude to all of those fine citizens who have served their community so well during this historic episode. Passed, approved and adopted this 9th day of October, :1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Froinumell City Clerk The Honotrable Joseph J. Bitter and Members od the City C ouch The Medical Associates Realty Company desires to inform the Du- buque City Councia that our prop. erty at 12M Main Street, Dubuque, is for sale. We offer the following property: A) The Main COindic Building of 30,000 square feet of gross area. Land area of 11,571 square feet on which the Clinic stands. B) Patients' Parking Lot, 27,165 square feet, capacity for 96 cars. The area is bound by Twelfth, '11hirteenth and Iowa Streets, and the alley. (See attached diagram.) C) One and one-half (1 i ) car garage and workshop, brick, heat - cut, adjacent to the alley between Main and Iowa Streets, bordering on Twelfth Street. TOTAL PRICE---$ ;0,000.00. We anticipate being able to de- liver possession. approximately Jnily, 1975. We invite you, or your repre- sentatives, to a complete irvspec- tion of the prezni-ses at a time mutually sallsfactory. In addition, the former Hauden- shield, Bradley and Hanson prop- erties are available, individually, and we invite negotiations for sale if it wound be the desire of the City Council. Richard V. McKay, M.D., President 'Medical Asso- ciates Realty Company Councilman Justmann moved that the communication be re- ceived and filed and referred to the Council. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. There being no further business Councilman Moidenhauer moved to adjcwrn. &x-onded ,by Councilman Mayor Bitter mmed adoption of Thoms• Carried by the following the resolution, Seconded by Coun- vote: cilman Thorns. Carried by the fol- Yeas—Mayor Bitter, Qouncilmen lowing vote: Justmann, Moldenhauer, Prete, Yea—Mayor Bitter, Councilmen Tho"ms. Justinann, Moldenbauer, Pregder, Nays—None. 1 ►c ms. N a}^s Name . Leo F. Frommeal City Cleric Special Session, October 8, 1973 50 Approved January 21, 1974 Adopted January 21, 1974 530 Special Session, October 10, 1973 CITY COUNCIL OFFICIAL Special session, October 10, 1973. Council met at 7:30 P.M. (C.D. T.) Present—Mayor Bitter, Council- i m e n Justmann, Moldenhauer, E Pregler, Thorns. City Manager Gil. !; bert D. Chavenelle. Mayor Bitter reiad the call and stated that service thereof had been duly made and this meeting ! is called to Conduct a Public Hear- j ing on the Budget Expenditures from January 1, 1974 to June 30, 1975, and acting upon such other business as may properly come before a regular meeting of the Council. October 10, 1973. To the Honorable Mayor and Members of the City Council Attached hereto is a list of par- cels of real estate within the City limits, consisting of ten acres or more, which would be eligibae for taxation as agriculturaa land. Also attached are the applica- tions for exemption as filed by property owners, that have ten acres of land or more in one piece, within the City Limits. These prop- erty owners have certified that the land is being used for agri- cultural or horticultural purposes, and are entitled to tax exemption as provided by law. A copy of the -attached list will be filed in t'he office of the County Auditor at the time of filing the budget. Gdbert D. Chaveneale {city Manager Councilman Pregler moved ap- proval of the list. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Jusitmann, Moldenhauer, Pregler, Thoms. Nays—,None. SEE DETAILED BUDGET ESTI- MATE ON PAGE 531. Communication of D u b u q u e Transit Trustee Board reminding the Council of their budget needs to be raised at this t.i.me to operate a quality system and to iimprove the service in response to the wish- es of the citizenry, presented and read. Councilman Pregaer moved that the communication be re- ceived and bled and the rules sus- pended in order to let anyone pres- ent addre.s_c the Council if they so desire. Seconded by Councilman Moldenhauer. Curried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregaer, Thoms. Nays—None. .Mr. George Deininger, a member of the Transit Board, stated that what the committee wants is to run an adequate bus system. Mr. Chester Solomon, also a member of the Board, mentioned the fact that Interstate Pourer Co. showed a net operating loss last year of $417,000. Re pleaded with the Coun- cil to reconsider the amount of $225,000 placed in the budget. As the Board has now figure it the total operating cost for the next y e a r w i l l b e approximately $4163,000, that is without consider- ing much needed repairs for the bus barn. Councilman Pregler moved that the City Manager be be directed to allocate during ttte month of June 1974, and the City Solicitor research the issuance of bonds for maintaining and im- proving the transit system. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moadenhauer, Pregler, 'Moms. Nays—None. Communication of Frank Ciecia- relli, as a member of the Catholic Charities Board, urging the Coun- cil that the budget include $33,446 for the Humian Rights Commission, presented and read. Mayor Bitter moved that the communication be received and filed. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moadenhauer, Pregler, Thorns. Nays—None. Communication of Chamber of Commerce, Tax Study Committee, Special Session, October 10, 1973 531 TOWN — CITY BUDGET ESTIMATE Extended Period January 1, 1974 --June 30, 1975 In compliance with Chapter 1020, Acts of 64 -2nd General Assembly (1972) NOTICE: The City Council of Dubuque in Dubuque County, Iowa, will meet October 10, 1973 at 7:30 P.M. Central Daylight Time at City Hall, in the Council Chamber, in the City of Dubuque Iowa. Taxpayers will be heard at that time for or against the following' Budget Estimate. This is a Summary of the Supporting Detail of Budget Receipts and Expenditures on file with they Town -City Clerk. Copies of the Supplemental Detail (Schedule 831-A) will be furnished any taxpayer upon request, Taxes collectible on this budget will be collected in three installments during the eighteen month transition period. 1 t. 9-27 /s/ Leo F. Frommelt, Clerk A S c D >r g EXPENDrrVMM FOR YEAR LatlmetedEalmated FUNDS 1978 1871 Jan. 1,14- Estimated Ralance Amount (iJae w1w1e Dollars) Actual Actual 4 June J0, '75 Cash and All (C+D—E) P1Wmated Proposed Reserve Other to be raised (12 moa.) (11 mos.) (18 moa.) (7-1-75) Receipts by taxartlon (lie mos.) (18 mos.) ---- a. Park. Recreation: 520,66—y8W.0" 1,8WX0 —P— M. Other. XXXX 8.9181811 U. Ut ay----XXXX XXXXX 1S L1tilur -Xxxz - X] XXX irking Meter —_ _ _ 31. Street (AS. Land) s0. Total it 9.7718.969 $13,461. p8,11 03W; dl 8,0-3,1 0 aEstmated Taxes per• i1,M) Assessed Valuation / /OA= 27 Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Moldenhauer. Carried by the follow- ing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoma. Nays --None. Special Session, October 10_1973 recommending that the current budget. be ,reduced ')y $291,ati oo in overall expenditures which would require a property tax levy in overall dollars the same as last year, and also recommending to the monthly reports given Council on budgeted versus actual expenditures, presented and read. Councilman Justmann moved that the communication be received and filed Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nay"one. Communication of George Lip- per, as a member of the Cham- ber of Commerce, suggesting that anyone particularly a group claim- ing to have studied the budget, who recommends a cut in the bud- get of more than a quarter mil- lion dollars, has encumbered an obligation to suggest where such cuts should be made, presented and read. Mayor Bitter moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. The following items were cut from the current budget; School signals $10,000, Bluff Street lights $8500, Cooper Street steps $7000, Prwspect street steps $53(10, Side- walks -city share $1000., Engineer- ing Motor Vehicle Maintenance $3,000, Dock Commission $2474, Ty- pist Health Dep't $5,722, Travel Expenses $3000, Salary Reduction part time employees Recreation $4000, Contrilnitions $4000, Police Dispatcher $8000, also encumbered $20,00o Low Income Housing, for an overall total of $81,996. Council- man Thoms moved the above de- letions. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. ,Nays—None. Councilman Pregler moved that the Cooper Street Steps not, be deleted. Seconded by Councilman Moldenhauer. Roll call on the mo- tion was as follows: Yeas—Councilman Pregler. Nays—Mayor Bitter, Councilmen Justmann, Moldenhauer, Thoms. Motion Failed. The following items were con- sidered as additional proposed in- come; Milk inspection fees $6700, Dog Licenses $3000. Restaurant $1500, Building Inspections $16,000. Councilman Pregler moved that the City Manager be directed to order same. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 'Thoms. Nays—None. Councilman Moldenhauer moved that $5000 for lights and $2000 for chairs be deleted from the Re- creation Department budget. Se- conded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Moldenhauer moved that in the Human Rights Budget it be cut to one-half Clerk typist $2658, outside rental item of $1680, and one-half time for investigator $4Zoo. for a total of $8538. as amended. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer. Nays — Councilmen Pregler, Thoms. Councilman Pregler left the Council Chamber at 10:15 P.M, to attend a County League meet. ing. Councilman Thoms moved that $14,000 be deleted from the Park Board budget that was considered for blacktop. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Thoms. Nays—None. Abscrll—Councilman Pregler. Councilman Justmann moved that $4300 be deleted from the Town Clock Placa budget intended for a jeep 'and blade. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Thoms. Nays—None. Absent—Councilman Pregler. Special Session, October 10, 1973 533 Council recessed at 10:40 P.M. Reconvened at 10:50 P.M. Council, man Pregler entered the Council Chamber at 11:06 P.M. Councilman Moldenhauer moved that the item of Traffic Engineer be deleted from the budget in the amount of $16,395. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer. Nays — Councilmen Pregler, Thoms. Councilman Thoms moved that Item 2403 in the Waste Water Treatment plant be reduced from the budget in the amount of $20,000. Seconded by Councilman Just - mann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved that the Health Director's salary be raised to $10,550 only to keep with- in the 5.5% guide lines, said mo- tion was amended to set the figure at $11,000. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Thoms. Nays — Councilmen Justmann, Pregler. Councilman Pregler moved that a general wage increase of 10% be given to all employees. Se• conded by Councilman Justmann. Motion failed as follows: Yeas --Councilmen Pregler, Just - mann. Nays—Mayor Bitter, Councilmen Moldenhauer, Thoms. Mr. Owen Riley, Business Agent of the Driver's Union Local 421, inquired what was meant by a 5%% increase. Is it to be con- sidered 51A% on base pay or 5%% on base pay plus fringe benefits. Mr. James E. Brady was of the opinion that the Youth Employ- ment Services should be deleted entirely from the budget. Mr. Paul Feller, as a representative of the Police stated that the men are no longer satisfied with a 5Vj% increase on base rate. Councilman Moldenhauer moved that $75,000 be re -allocated to the Transit Authority. Seconded by Ma- yor Bitter. Motion failed by the following vote: Yeas—Councilmen Moidenahuer, Thoms. Nays—Mayor Bitter, 00uneilmen. Justmann, Pregler. Communication of Building De partment Inspectors requesting a 1974 pay request in various de- partments in base pay as follows: Base pay Building Department in. spectors I step F from $10,968 in 1973 to $12,567 in 1974; Building Inspectors II step F from $12,408 in 1973 to $14,431 h1 1974; that the pay for inspectors is annually maintained proportionally current with that pay of the most com- parable private industry and ir the same proportion to private In. dustry as it was in 1958 when the pay plan was adopted, pre- sented and read. Councilman Just - mann moved that the communica- tion be referred to the personnel manager. Seconded by Councilmen Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. RESOLUTION NO. 333-73 WHDREAS, the Council of the City of Dubuque, Iowa, caused to be ,prepared and published is pro- vided by law, the Budget Tkt9mte of Expenditures for the extended period Januslq 1, OBfl4 to June 30, 19x16, and the hearing upon said budget estimate was fisted for October 10, 4970, at 7:30 o'cioelr P.M. in the Councia Chamber at the City Hadi; and WHEREAS, this being the We and place for said hearing, said Budget Estimate mme taken up for finial consideration by the Council and a -ll parties in interest have been (given an opportunity to be heard for or against said Budget Estimate. Now IMMEFORE BE IT RE- SOLVED BY 116,E CWN 00UQ KIK OF THE CJ1TY OF DUBUQUE, DOWA: That the budget estimate of ex- penditures for the extended period January 1, 19714 to June 30, IM5, heretofore prepared and published be and the same is hereby finally adopted and approved, as amend- ed, and the Mayor and Clerk are directed to certify the same to 534 Special Session, October 10, 1973 the County Auditor of Dubuque County, Iowa, together with a veri- fied proof of M"ication and the notice of hearing upon said Bud- ge, EsUmrate. BE IT FURTHER RESOLVED, that the taxes required to be col- lected in the extended period be and the same are hereby levied in the amounts of said Budget Estimate. Passed, adopted and approved this 10th day of October 197.3. Joseph J. Bitter Mayor AlO,an T. Thoms Wayne A. Moldenhauer C. Robert Ju-stmann Councilmen Attest: Leo F. Fromaneit City (perk .Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moddenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, 'Moms. Nays—Councitmen Preigier. 'Dere being no further business Mayor Bitter moved to adjourn, Sec(mded by Councilman Justmann. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 'Moms. Nays --None. Leo F. Frommelt City Clerk Approved January... zl...aer 4 January 21 Adopted.........w................................1M 5 OR 0 15'w R., 20 ............................................................ Councilmen City Clerk Special Session, October 15, 1973 CITY COUNCIL OFFICIAL Special session, October 15, 1973. Council met at 7:30 P.M. (C.D. T.) Present — Mayor Bitter, Coun. cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon a resolution authorizing the sale, issuance and delivery of Pro. iect Notes in the aggregate prin. cipal amount of $1,738,000 and the execution of requisition Agreement No. 3.73 in connection with Pro. ject No. Iowa R-15, and acting upon such other business as may properly come before a regular meeting of the Councii. Communication of Iowa Depart- ment of Environmental Quality submitting rude amendments relat- ing to tate operator certification program for waste and wastewtater treatment facilities, presented and read. Councilman .1•ustmann moved That the communication be receirv- ed and filed. Seconded by Oounedd- man Pregler. Carried by the fai- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Iowa State Highway Commission advising that they have approved the corridor Public hearing which was held on May 17th at Bellevue, designating the project as Jackson & Dubuque Counties project No. FN 52-1, pre- sented and read. Councilman Just - mann m(wed that the communica- tion be received and filed. Second- ed byCouncilman Moldenhauer. Carried by the following vote: Yeas --Mayor Ritter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays None. Communication of Mrs. George Reis, submitting an action gine ar- ticle relative to a proposed new dog ordinance, that hopefully would contain a provision that the owner (4 any dog would be made res- ponsible for clean up in the event said dog would stray from the home port, presented and read. Mayor Bitter moved that the com- munication be received and filed. Seconded by Councilman Just. mann. Carried by the ficsik>'wing vote: Yeas—Mayou Bitter, Councilmen Justmann, Moidenh.auer, Pregler, Thoms. Nays—.None. Communication Of Mrs. Donnia Meyer expressing gratitude for ex- tending the Park Hi11 bus route to Sunset Park, presented a r. d read. Councilman Pregaer moved that the communication be receiv- ed and filed. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Molden-hauer, Puler, Thoms. Nays—None. Communication of Dubuque Council of Churches eVressing support for the maintenance of a full time director and the hiring of a qualified full time investiga- tor for the Hinman Rights Com - ,mission, presented and read. Coun- cilman Justmann moved that the communication be received a n d filed. Seconded by Councilman Pregler. Carried by the following vote: Year -Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 'Moms. Nays --None. Communication of Dubuque Area Citizens Council on Community Re- lations strongly disapproving the proposed use of the Police De- partment to furnish an investiga- tor for eamplaints to the Human Rights Commission, presented and read. Councilman Justmann moved that. the communication be receiv- ed and filed. Seconded by Council- man Pregler. Carried Eby the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. (1ct(ber 11, 1973 Honorable Mayor and Members od the City Councii I have approved the following Sidewalk construction bond and de- sire to have your approval of same. Francis H. Kieffer, Western Surety 536 Special Session, October 15, 1973 Co., Bond No. s4gm-i-dated Oc- tober 4, 1973. Gilbert D. Ohavenelle City Manager Councilman Pregler moved fil- in,g approval of the bond subjec4 to approval of the City Attorney. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. October 10, 1973 To the Honorable Mayor and City Council petition of I return to you the Mr. Kuehn and others requesting a street light on the west side of Bradley Street. It i,s recommended that a 115 watt mericury vapor light be in- stalled on the property line be- tween 163 and 1K Bradley. Your approval of this installation is requested. Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Se- conded by Mayor Bitter. Carried by the following vote : Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. October 12, 1973 To the Honorable Mayor and City Council I return to you the petition of Midwest Realty for street lighting in Westchester subdivision. The area has been investigated by the electrical inspector and it is recommended that eleven (11) 175 watt mercury vapor tyr.^ fix- tures, pole top mounted on city owned and maintained lighting standards be installed at the fol lowing locations: One each: 1. One-third the distance of Key Way to Woodland Drive on Foot hill Road 2. Two-thirds the distance of Key Way to Woodland Drive on Foot- hill Road 3. Intersection of Foothill Road and Woodland Drive 4. One-third the distance of Foot hill Road to Key Way on Woodlanr Drive 5. Two-thirds the distance o Foothill Road to Key Way on Wood - and Drive 6. Between Lots 28 and 29 of Block 12 on Woodland Drive 7. Between Lots 31 and 32 of Block 12 on Dana Drive 8. Between Lots 35 and 36 of Block 12 on Dana Drive 9. Between Lots 4 and 5 of Block 12 on Delmonaco Drive 10. Intersection of Venture Court and Delmonaco Drive 11. Between Lots 9 and 10 of Block 12 on Venture Court Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Sr conded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thorns. Nays—None. October 12, 1973 To the Honorable Mayor and Members of the City Council Attached is a list of Precinr workers for both the Primary and General elections to be held on October 23, 1973 and on November 6, 1973 respectively. This list has been prepared and submitted by the County Commis- sioner of Elections. Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the list. Seconded by :Mayor Bitter. Carried by the fol lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Notice of claim of Don J. Ma' ders, in the amount of $30., for car damage incurred as the res" '' of driving over jagged edges of metal protruding from a curb a the northwest corner of 14th & Central Ave. on October 10, 197: presented and read. Councilman Pregler moved that the notice of claim be referred to the City At- torney for investigation and report Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler Thorns. Nays—None. Special Session, October 15, 1973 537 Notice of claim of Charles P. Cox, in the amount of $45.68, f, cleanup costs incurred as the re- sult of a backed -up sanitary sewe at 3270 St. Anne Drive on Sep- tember 16, 1973, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconde by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Notice of claim of Ronald V. Timpe, in the amount of $92.70, for car damage incurred as the result of a tree limb falling on said car while parked on Alta Vis- ta Street on September 26, 1973, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Bernard Ruess et al (6.50 signatures) requesting the in- stallation of a stop light at the intersection of Loras Blvd, & Alta Vista, presented and read. Mayor Bitter moved that the petition be referred to the Manager and staff. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Northwestern Bell re- questing permission to cut into a portion of the alley west of Main Street from 10th street to First street, also a portion of F i r s t ,Areet from the same alley to Lo- cust street; a portion of Locust Street from First street to about 90 South Locust street; and Locust sheet and Bluff street at Loras Blvd. presented and read. Mayor Bitter moved that the petition be approved subject to approval of the Engineering Department. Se- conded by Councilman Mo:denhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. Petition of Jack W, Swenson et al requesting removal of "No Park- ing signs" on the east side of Hawthrone Street, presented and read. Mayor Bitter moved that the peition be referred to the City Manager and Traffic Department. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Bitter. Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Hills & Dales Child Development Center Inc. request- ing installation of a street light on Davis Avenue between 1004 and Mt. Calvary cemetery, presented and read. Mayor Bitter moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Se- conded b*• Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho ms. Nays—None. Petition of Al Lundh requesting rezoning of various parcels of pro- perty on the Phil Powers farm to various District Classifications including a Multiple Residence Planned Unit Development, to be included in Article IV subsection h, presented and read. Mayor Bit- ter moved that the petition be referred to the Planning and Zon. ing Commission. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. Proof of Publication, certified to by the Publisher, of notice of sale of project notes in the amount of $1,738,000 third series 1973 show- ing maturity as March 8, 1974 and dated October 30, 1973, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by 538 Special Session, October 15, 1973 Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 334.73 Authorizing the sale, issuance and delivery of Project Notes in ffi- aggregate principal amount of $1,738,000 and the execution of re- quisition Agreement No. 3-73 in connection with the Downtown Ur- ban Renewal Project, Project No. Iowa R-15 WHEREAS, the City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendiments or waivers of any provisions thereat, are herein call- ed the "Contract") 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, low -rent hous- ing or redevelopment .project (s) described in the Contract and here- in called the "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of pro- posals for the purchase of the Third Series 19173 of Project Notes (herein sometilmes called "New Project Notes") of the Local Isstring Agency aggregating $1,738,000, which appeared in a Notice of Sale published on September 18, 1973, and September 25, 1973, in Ile Telegraph Herald in the City of Dubuque, Iowa, and in The Daily Bond Buyer in the City of New York, Nene York, proposals for the purchase of the New Project Notes in the form approved by the Local Iss,uin,g Agency were received, opened, and canvassed at the time and place mentioned in said adver- tisement, to wit: at Council Cham. bers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52000 at one o'clock P.M. E.D.S.T. on October 2, 1973, which proposals are as folloaws: Name of bidder, Continental U. linois National Bank and Trust Company of Chicago, Interest rate 4.70%, Principal amount, $1,738,000 Premium, $0. Name of bidder, Bank of Ame ri,ca N.T. & S.A. Bankers Truss Company, Interest rate, 4.94%, Principal amount., $1,738,000 Pre- mium, $56.00. Name of bidder, Salomon Bro. thers Morgan Guaranty Trust Co. of New York, Interest rate, 4.98%, Principal amount, $1,738,000, Pre- mium, $(x9.00. Name of bidder, First National City Bann of New York, Interest rate, 5.00%, Principa9 a m o u n t, $1,738,000, PremiUrn, $51.00. Name of bidder, Memical Bank, New York, Nene York, Interest rate, 5.09%, Principal a m o u n t $1,738,000, Premium, $7.00. NOW THEREFORE, BE IT RE- SOLVED BY JJ1E CITY 0OUNCaL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof a5 so published are hereby, in all respects, approved, ratified and confirmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the develop- ment of the Project, or to refund. renew or extend its outstanding Notes issued in connection there- with, the Local Issuing Agency hereby determines to borrow the sum of One Million Seven Hundred Thirty Eight Thousand D o 11 a r s ($1,7313,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu• merated for the purchase of the designated principal amount of Notes and determines that each such proposal at'lers to purchase :.,•such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as follouns: Principal amount, $1,738,000, In- terest rate, 4.70%, Purchaser, Con- tinental Illinois National Bank and Trust Company of Chicago. Section 4. Each Note shall be dated October 30, 1973, shall be payable as to both principal and interest to bearer, on March 8, 1974, and, pursuant to each pro- posal for the purchase of s a i d Notes hereinabove accepted, shall bear the rate of interest per an- num, payable at maturity; shall bear the numbers and be in the denominations; and shall be pay- Special Session, October 15, 1973 539 able as to both principal and in- terest at the incorporated bank having trust powers or incorporat. ed trust company, as follows: Purchaser, Continental Illinois National Bank and Trust Company of Ch'ca;o, Numbers, 1-5, Denomi- nations, $100,00, Interest rate 4.70, Payable at, Continental Illinoits Na- tional Bank and Trust Company of Chicago. Purchaser, Continental Illinois National Bank and Trust Company of Chicago, Numbers, 6,19, Denomi- nations, $100,000, Interest rate 4.70, Payable at, Continental Illinois Na- tional Bank and Trust Company of Chicago. Purchaser, Continental Illinois National Bank and Trust Company of Chicago, Numbers, 20•-M, De. nominations, $25,000, IntereM rate, 4.70, Payable at, Continental Il- linois National Bank and Trust Company of Chicago. Purchaser, Continental Illinois National Bank and Trust Company of Chicago, Numbers, 3646, Deno- minations, $10,000, Interest rate, 4.70, Payable at, Continental Illi- nois National Bank and Trust Com- pany of Chicago. Purchaser, Continental Illinois National Bank and Trust Company of Chicago, Numbers, 47 -oil, Deno- minations, $5,000, Interest r ate, 4.70, Payable at, Continental Il- Lnois National Bank and Trust Company 4 (1hicago. Purchaser, Continentaa Illinois National Bank and Trust Company of Chicago, Numbers, 5241, Deno- minations, $1,000, Interest r a t e, 4.70, Payable at, Continental Illi- nois National Bank and Trued Com- pany of Chicago. None of such Notes shall be va- lid until alter the bank or trust company at which it is payable shall have signed the agreement, appearing on each Note, to act as ;paying; argent 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 Treastzrer Of the Locaa Issuing Agency and shall have the corporate seal of the Local Issuing Agency impress- ed, imprinted or reproduced there- on and attested by the City Clerk, and said officers are hereby au- thorized and (hrewted to cause said Notes to be properly executed. Section S. Each such Note shall be. in substantially the form of IRJD-9010, which is incorporated herein by reference, and shall be secured by an a-greemew entitled "Requisition Agreement No. 373 (herein called the "Requisition Agreement"), in substantially the form of HUD-WM, which is incor. fWated herein by reQeren,ce, to be entered into between the Local Issuing Agency and the Govern- ment. Section 6. The Requisition Agree• ment shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature Of the Mayor 01 the Local Issuing Agency and shall have the cor. porate seal of the Local Issuing Agency impressed, imprinted, or reproduced thereon and attested by the City Clerk, and said offi. cers are hereby authorized and directed to cause the Requisition Agreement to be prapenty execut- ed. Section 7. For the punctual pay. ment of the principal of and in. terest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevocably pro. miles to pay any sums which may be received from the Government pursuant to the Requsition Agree - mend 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 Is- suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds a n.,d amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes ( referred to in the Contract as "Projekt Temporary Loan abhga- tions" "Advance Notes" or "Per- manent Notes") as issued in con- nection with the Project are here- by 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 terminate when .monies or investment securities conver- tible into cash not later than the maturity date of the New Project Notes, sufficient and for the pur- Iwse of paying the principal and interest to maturity on such Notes, 540 Special Session, October 15, 1973 are deposited with the P &Y i n- g agent or agents for such Notes. Section S. The proceeds derived from the sate of the New Project Notes, together with such amount of other funds of the Local Is- suing Agency aF may be necessary, ;hall be applied, simultaneously aIth the receipt of said proceeds, in accordance with the provisions 04 the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each paying agent for the New Project Notes in substantially the form of IND -WW, which is incorporated herein by reference, and to trans- mit therewith (a) the Nene Pro- ject Notes for which the addressee is the paying agent for delivery and payment and (b) a signature certificate and receipt, in accor- dance with the terms of said letter, and to take such other action6 as may be required -to complete the delivery transaction in accor- dance with the terms of the letter to the paying agent. Passed, approved, and adopted this 15d:h day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Wayne A. Mo&denhauer Councilmen Attest: Leo F. FrommefR City Clerk Councilman Moddenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Car- ried by the following wing vote : Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Proof of Publication, certified to by the Pulbtisher, of notice of hear- ing on pendency resolution of ne- cessity for construnction of the Cen- tral Business District Traffic Sig- nal System Lmprovement project at an estimated cost of $66,5W.95, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councidlman Moldenhauer moved that the proof of ,publication be received and filed. Seconded by Mayor Bitter. Carried by the foi- lowi nig vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. (Necessity for Improvement) RESOLUTION NO. 309.73 WHEREAS, proposed plans, spe- cifications, and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on fide in the office of the (sty Clerk showing among other things the following: (.1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the Central Business District Traffic Signal System Improve- ment Project. BE IT THEREFORE RESOLV- ED that the City Council on its own motion, deems it advisapble and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed re- solution have on fide with the City Clerk, objections to the amount of the cost of the improvement, they sbali be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement sphall .be paid from the Road Use Tax Fund. The above resolution was intro- dured, approved and ordered placed on fide with the City Clerk this 17th day of September, 1973. Approved and placed on fide for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 151-h day of October 1973. Joseph J. Bitter M ayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann 0ouncilmen Special Session, October 15, 1973 541 Attest: Leo F. Frommelt City Cleric Councilman Moldenhauer moved final adoption of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pre•gler, Thorns. Nays—None. Proof of Publication. certified to by the Publisher, of notice to Con. tractors of the receipt of proposals for construction of the Central Bu. siness District Traffic Signal Sys- tem improvement project, present. ed and read. Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Councilman Pregiler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregier, Thoms. Nays—,None. October 12, 1973 To the Honorable Mayor and City Council Pursuant to your instructions, sealed •Proposals were received un- til 10:00 a.m., C.D.T. Thursday, October 11, 1973 for the C.B.D. Traffic Signal System Improve- ment Project. The lowest bid was entered by Moldt Electric Service, Ind. of Du. buque, Iowa. Their bid was 2.1% below the Engineers Estimate. I recommend that the contract for the improvement be awarded to Moldt Electric Service, Inc. Gilbert D. Chavenelie City Manager Councilman Moldenhauer moved that the communication be receiv. ed and filled. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Preg4er, Thorns. Nays—None. (Awarding Contract) RESOLUTION NO. 33S•73 WIfERKAS, sealed proposals have been submitted by contrac- tors for the C.B.D. Traffic Signal System Improvement Project pur- suant to Resolution No. 310-73 and notice to bidders published in a newspaper published in said City on September 20, 19x13 and Sfptem. ber 27, 1973; and WHEREAS, said sealed prc". sals were opened and read on Octo• her 11, 1973, and it has been deter. mined that the bid of Moldt Elec- tric Service, Inc. of Dubuque, Io• w -a in the amount of sf>3,o86,2n wa: the lowest bid for the fur. ni,hintg of all tabor and materials and performing the work as pro. vided for in the plans and specZ. rations; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Moldt Electric Service, Inc. subject to Federal Ilighway Ad- mini,s•tration aptproval and the Ma- nager be. and he is hereby direct- ed 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 con- tract and the approval of the con- tractors bond the City Treasutrer is authorized and instructed to re- turn the bid deposits of the un- successtfui bidders. Passed and adopted this 15th day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregier Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommett City Clerk Councilman Moldenhauer moved adoption of the resolution. Second. ed by Councilman Pregdler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregier, Thorns. Nays None. (kM.ober 11, 1973 To the Honorable Mayor and City Council 'Ibis is to advise you that the Waterworks Improvement 1972 Feeder Main Extension IIU,D-W6- I(!nva-90, Contract H, Section 2, West 32nd Street; Section 3, Park Hill; and Section 4, Highway #20, has been completed suhst a nti ally in accordance with plans and spe- cifications by M. F. Goerdt Con- 542 Special Session, October 15, 1973 struction Company of Dubuque, Io- wa. Gilbert D. Chavenelle City Manager Counc1man Moldenhauer moved that the communication be receiv- ed and filed. Seconded by Counted - man Pregler. Carried by the fol- lowing vote: Yeats --;Mayor Bitter, Councilmen Ji st.msnn, Moidenhauer, Pregler, Thomas. Nays—None. FINAL ESTIMATE RESOLUTION NO. 336-73 WHEREAS, the contract for the construction of Waterworks Im- provement -1872 Feeder Main Ex. tension HUD-WS4owa-99, Contract H, Section 2—West 32nd Street, Section 3- iPark Hitt, Section 4— Highway *W, has been completed and the City Engineer has sulb- rnitted his finait estimate showing the cost thereof including the cost of estimates. notices, intspecdion, and preparing the assesment and plat, now therefore, BE IT REl9ULVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be W,404.19. That none of the cost thereof shall be assessable upon private property and X437,404.19 shall be paid from the Water Depi.. Fund of the City of Dubuque, and HUD Grant. Passed, adopted and approved this 15th day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justunann Couwiimen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second. ed by Mayor Bitter. Carried by the PAlowing vote: Yeas—.Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None, (A Resolution Acceptinq Improvement) RESOLUTION NO. 337.73 WHEREAS, the contract for the con-struction of Waterworks I,m- provement-1972 Feeder Main Ex- tension HUD -WS -Iowa -99 Contract II, Section 2—Wesl 32nd Street, Sec4ion 3—Parik Hila, Section 4— A'ghway *20, has been completed and the City Manager has exa- mined the worm and filed his cer- tificate stating that the same has been completed according to the terms of the contracl, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that time recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOIXEiD, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized upon the above de- scribed improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 15th day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Aldan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest.: Leo F. Frommelt City Clerk Councilmen Moldenhauer moved adoption of the resolution. Second• ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. October 12, 1973 To the honorable Mayor and City Council Re: City of Dubuque Waste Water Treatment Facili- ties Phase II 01901460 As a result of action taken by the Iowa Water Pollution Control Commission on February 22, 1973, whereby the schedule for the com- pletion of the subject facilities was amended and approved, the De- partment of Environmental Quab- ty has provided us with an Amend- ment to the Consent Order entered into by the City on May 25, 1872. Special Session, October 15, 1973 543 This Amendment details the agreed upon time schedule. The foliom-ing is enclosed for ,your review: 1. Resolution authorizing the Ma. yor to execute Order and directing Manager and staff to proceed with program to comgrly with the re. quired time schedule. 2. Amendment to Consent Order signed by the respective industries involved. 3. Letter to Council dated Ja- nuary 22, 19M outlining schedule amendment. request. 4. Letter to DEQ dated January 31, 1973 itemized requested amend. ments to the original time sche- dule. We would respectfully request your favorable action in this mat- ter. Should you have anT questions on this, Mr. White and I will be available at your convenience. Gilbert D. Chavenelle City Manager Councilman Moldenhauer moved that the communication be receiv- ed and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Preigler, Thomas. Nay—None. RESOLUTION NO. 338.73 %N'IfEREAS, the City of Dubuque and certain industrial contributors to the Waste Water Treatment Fa- cility and the Iowa Water Poalu- tion Control Commission have en- tered into a CONSENT ORDER on May 25, 1972, and WHEREAS, the City of Dubuque has notified the Iowa Water Pollu- tion Control Commission and the Department of Environmental Qua- lity of its inability to comply with the implementation and tiume sche- dules in the aforementioned Order and has requested a modification of the time schedules, and WHEREAS, the Iowa Water Qua- lity Commission has concurred in the modifications to the implemen- tation and time schedules contain- ed herein, and WHEREAS, the Iowa Water Qua- lity Commission has provided the City of Dubuque with a AMEND- MENT TO ()ONSENf' ORDER. NOW, therefore, be it resolved by the City Council of the City of Dubuque, Iowa; That. the Mayor be and he is hereby authorized and directed to execute said AMENDM .,NT TO WN BENT OR DER with the Iowa Water pogu- tion Conlrol Commission and that the Manager and staff are hereby directed to proceed mgth the Waste Water Treatment program in or- der to comply with the time sche- dule outlined in said A M E N D- MENT TO CONSENT ORDER. The required signatures of the indus- tries involved have been secured. Passed, Adopted, and approved this 15th day of October 19M. Joseph J• Bitter Mayor Walter A. PTegler Wayne A. Moldenhauer C. Robert Justmann Counciamen Attest: Leo F. Frommelt City Clerk ORDER OF THE EXECUTIVE DIRECTOR IOWA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF POLLU- TION OF THE MISSISSIPPI RIVER BE- LOW DUBUQUE, IOWA AMENDMENT TO CANSENT OR- DER To: City of Dubuque, Dubuque Packing Co., C:etotex Corpora- tions, Keystone Gelatine Co., In- land Molasses Co. Drying Plant, and Dubuque Tank Terminal Co. WHEREAS, this matter caane be- fore the Iowa Water Pollution Con- trol Commission on December 1, 1971, and a Oonseat Order was subsequently issued on May 26, 1912, said Order is hereby incor- porated herein by reference as if set forth in full, and WHEREAS, the City of Dubuque has notified the Department of En- vironmental Quality of its inabili- ty to comply with the implementa- tion and time schedules in the aforementioned Omer and has re- quested a modification of the time schedule as set out in the Order, and WHEREAS, the Iowa Water Qua- lity Commission has concurred in the modifications to the implemen- tation and time schedules contain- ed herein. IT IS HEREBY ORDERED '11IIAT the City of Dubuque, Du- 544 Special Session, October 15, 1973 buque Packing Co., Celotex Cor- poration, Keystone Gelatine Co., Ireland Molasses CA). Drying Plant. and the Dubuque Tank Terminal Co. comply with the implementa- tion and time schedules contained in the Order subject to the follow- ing new amendments. i. That no later than May 1, 1973, the Dubuque Packing Com- pany and Celetex Corporation shall submit to the City of Dubuque a firm tentative basis of design, including any possible alternative hasds of design which should be considered. 2. That no later than July 1, 1973, the City of Dubuque shall provide firm operational and main- tenance cost~-, and sample contracts ,for sewage service to the indus- tries involved. Prorated operation and maintenance on any alternate basis of design requested on May 1, 1973, shall also be detailed. 3. That no later than August 1, 1973, the City of Dubuque shall commence a final design for the required facilities, based on wrdt- ten commitments from the indus- try involved. 4. That no later than December 1, 1973, the City of Dubuque shall submit to the Department of En- vironmental Quality final plans and specifications for the required faci- lities. 5. That no later than April 1, 1974, the City of Dubuque shall award a contract for construction of the required facilities. 6. That no later than April 1, 1976, the City of Dubuque shall certify completion of the required facilities to the Department of En- vironmental Quality. 7. That the City of Dubuque shall submit 69 day progress reports stating the progres-s made toward eornplliance with the Consent Or- der as amended. The first such report shall he submitted on or before August 1, 1973. The City of Dubuque, Dubuque Packing Co., Celotex Conporation, Keystone Ge aline Co., Inland Mo- lasses Co. Drying Plant, and the Dubuque Tank Terminal Co. con- sent to the issuance of this Order as an order of the Executive Di- rector o£ the Department of En- vironmental Quality under Sections 465B.33(3), 4658.34 and 455B.37 of the Code of Iowa, 1973, with the aforesaid provisions and time sche- dules. Dated this 27 day of June, 1973. Kenneth M. Karch, Executive Director Icpartment of Environ- mental Quality Dated this 15th day of October, 1973. DUBUQUE TANK TER- MINAL COMPANY By Saul Greenstein Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays—Councilman Thams. Councilman Justmann moved that the rules be suspended in order to lel- anyone present ad- dress the Council if they so de- sire. Seconded by Mayor Bitter. Carried by the following vole: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Profiler, Thoms. Nays—,None. Mr. George Deininger, Chester Solomon and Doris Riekena, mem- bers of the Transit Authority ad- dressed the Council seeking an in- crease in their 1974 operating bud- get. Mr. Solomon mentioned seve- ral alternate ways which they could go, among which he started CITY OF DUBUQUE By Joseph J. Bitter Mayor Dated this 27th day of August, 1973. DUBUQUE PACKING COMPANY By R. C. Wahlert Dated this 27th day of August, 1973. CELOTEX CORPORA- TION By R. S. Frost Dated this 27th day of August, 1973. KEYSTONE GELATINE COMPANY By R. C. Wahlert Dated this 29th day of August, 1973. HO ND MOI A6S'ES COMPANY DRYING PLANT By Saul Greenstein Dated this 29th day of August, 1973. DUBUQUE TANK TER- MINAL COMPANY By Saul Greenstein Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays—Councilman Thams. Councilman Justmann moved that the rules be suspended in order to lel- anyone present ad- dress the Council if they so de- sire. Seconded by Mayor Bitter. Carried by the following vole: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Profiler, Thoms. Nays—,None. Mr. George Deininger, Chester Solomon and Doris Riekena, mem- bers of the Transit Authority ad- dressed the Council seeking an in- crease in their 1974 operating bud- get. Mr. Solomon mentioned seve- ral alternate ways which they could go, among which he started Special Session, October 15, 1973 545 they could run to June and then quit. RESOLUTION NO. 339.73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci. garettes within the City of Du- buque, Iowa, be granted a permit to sell Cigarettes and Cigarette. Papers within said City. Duane C. Koeller, dba West Du- buque Tap, 1701 Asbury Road BE IT FURTHER RFSOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 13th day of October, 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Hitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 340-73 WHEREAS applications for beer permits have been submitted to this Council for approval and the same have been examined; NOW THE.R:EFORE BE IT RE- SOLVED by the City of Dubuque, lawa, that the following applica- tions be granted and a permit be issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Del Farm Food Store, 2013 Cen- trap Avenue Passed, adopted and approved this 15th day of October, 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thorns Wavne A. Moldenhauer Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote. Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. N a ys—None. RESOLUTION NO. 341.73 WHEREAS, applications for Beer permits were Sided by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occuI*ed by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer permit. CLASS "C" BEER PERMIT Del Farm Food Store, 2013 Cen- tral Avenue Passed, adopted and approved this 15th day of October 1973. Joseph J. Bitter Mayor C. Robert Justanann Walter A. Pregler Allan T. Moms Wayne A. Moldenhauer Councilmen Att est : Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the fallowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays None. Oct&er 15, 1973 Honorable Mayor and City Council The Citizens Transportation Com- mittee met today with two mem- bers of the Iowa Highway Com- mission staff, most knowiledgarble on Bridge Projects. It was felt that the possibility of a free bridge for Dubuque are remote cows,idering available local, state and federal funding, so the 48 Special Session, October 15, 1973 committee adopted the following resolution to be presented to you: "Whereas an urgency exists for action on a new Bridge, the City Council is requested to ask that the Iowa Highway Commission con- duct a feasability study on the establishment of a Told Bridge into Wisconsin and that they advise us as to the immediate steps need- ed to proceed in developing such a facility" The Citizens Transportation Com- mittee suggests a letter to this effect, to Mr. J. R. Coupal, Direc- tor of Highways, Iowa State High- way Commission, Ames, Iowa. Bernard M. Fahey, Chairman Citizens Transportation Committee Councilman Justmann moved that the communication be receiv- ed and filed and referred to Coun- cil, Solicitor and staff. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 342.73 A Resolution Requesting the Iowa State Highway Commission to Con- duct a Study of the Feasibility of Erecting and Operating a Toll Bridge or Bridges From the City of Dubuque, Iowa to the State of Wisconsin, and for Requesting Other Related Technical Assit. ance. Whereas, the urgent necessity for an additional inter state bridge between the city of Dubuque, Iowa and the State of Wisconsin has been well documented and long recognized throughout the tri-state region; and, Whereas, the Citizens Transpor- tation Advisory Committee, being duly appointed by the City Council, has considered the necessity of an additional bridge to serve this city and region, and has deter- mined that such bridge, must be established at the earliest possible date; and, Whereas, the Citizens Transpor- tation Advisory Committee and the City Council of the city of Du- buque, Iowa are advised that the present and forseeable liklihood of funding such bridge through cus. bomary local, state and federal sources is remote; and, Whereas, said Citizens Transpor- tation Advisory Committee and Ci- ty Council are further advised that the establishment of such bridge may be significantly expedited through the issuance of revenue bands to finance its construction, with such bonds payable from re- venues derived from bridge tan collections; and, NOW, THEREFORE, BE IT RE- SOLVED BY THE CSTY 000NCM OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa State Highway Commission be and the same is hereby requested to con- duct a study of the feasibility of establishing such toll bridge or bridges within the Dubuque Metro- politan Area. Section 2. That the Iowa State Highway Commission be and the same is hereby further requested to advise the Citizens Transpor- tation Advisory Committee a n d City Council on methods and pro- cedures leading to the prompt es- tablishment of said toll bridge or bridges. Passed, adopted and approved this 15th day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. From.melt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays–None. Councilman Thorns moved that the Dubuque City Council direct the City Manager to mak4e recom- mendations to the Council of an architect or architectural firm, preferably one not presently en - volved with either City Hall Re- novation or Medical Associates fu- ture development plans, w h i c h could develop an architectural stu- dy pertaining to the general fea- sibility of the existing Medical As- Special Session, October 15, 1973 547 socia4es Building including a cost study for conversion to the needs of housing City G(wernmen4 ad- ministrabw offices. Said Indivi• dual or firm to be approved by Council at the earliest possi4)le date. Seconded by CounciLman Pregler. MOTION FAILED by the following vote: Yeas — Councilmen Pregler, looms. Nays—Mayor Bitter, Councilmen JuArnann, Moddenhauer. Councilman Thorns left the Coun- cil Chamber at 10:30 P.M. At 10:52 P.M. Mayor Bitter moved to retire to executive ses- sion for the purpose of discussing wages and personnel. Seconded by Councilman Justmann. Carried by the follow ng vote: Yeas—Mayor Bitter, Councitmein Justmann, Moldenhauer, Pregler. Nays—None. Absent--CaameilIman Thorns. At 11:39 the Council reconvened in regular session. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Bitter. Carried by the following vote: Yea,, --Mayor Bitter, Councilmen Justmann, Moldenh:auer, Pregler. Nays—None, Absent—Councilman Thorns. I.eo F. Frommelt City 01erk Approved January 21, 1974 Adopted January 21, 1974 .... .... . . ............. Councilmen Special Session, nctolwr 22, 1973 CITY COUNCIL Special session, October 22, 1973. Council met at 7:30 P.M. (C.D. T.) Present — Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been dulY made and this meeting is called for the purpose of con- ducting a public hearing on the rezoning of various lots in St. Mary's Place Subdivision, and act- ing upon such other business as may properly come before a re- gular meeting of the Council. Dr. Robert Myers and Dennis Naughton presented the Council with a certificate of Official Re- cognition accorded to Dubuque, Iowa, for designation as a Bi -Cen- tennial City by the American Re- vol-ition Bi -Centennial Commission, and also a flag. The certificate and flag were officially presented to the Mayor on October 19th, 1973. Playground and Recreation Com- mission submitting minutes of their meetings of September 24th and October Ath, presented and read. Mayor Bitter moved that the mi• nutes be received and filed. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Oommunication of Law Re n t Housing submitting minutes of their meeting of October 16, 1973. presented and read. Mayor Bitter moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Mrs. Rita Pa. pin requesting permission to ad- dress the Council relative to a proposed new dog ordinance. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, PregkT, Thoms. Nays—None. Mrs. Papin addressed the Coun- cil by requesting a copy of the new Dog Ordinance when it be- comes available. Councilman Moldenhauer moved that the City Manager make avail. able a copy of the proposed ordi- nance and the City Clerk be in- structed to forward the copy to Mr. Papin. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. October 1Q, 1973 To the Honoraible Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted Promotion- al Examinations on September 26, 1973, for Fire Equipment Opera- tors on the Fire Department. The following mem1 rs on the Fire Department have passed both the State written and local exa- minations with an average of se- venty per cent or better. Voss, Kenneth ..........................80 % Ruden, Ronald J . ..................78.3% Stephan, Raymond ..................?6 % Peter, Gerald A. ........... _...._76 % Theis, Terrance L . ................73 % All promotions in this category should be made from this list. G. B. Noonan Chairman Marvin A. Van6ickle Louis F. Fautsch Civil Service Commis- sion Attest: Leo F. Fromimelt City Clerk Subscribed and sworn to before me this 18th day of October 1973. Violet Savary Notary Public Councilman Justmann moved that the communication be reiceiv- ed and filed and made a matter of record. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Special Session, October 21-7, 1973 549 Justmann. Moldenhauer, Pregler, Thoms. Nays --,None. October 15, 19M To the Honoratrle Mayor and City Council A request ha -s peen received for additional street lighting on Da. vis Avenue The area has been investigated by the electrical inspector and it is recommended that one 4000 lu- men fixture be installed on an existing pole located opposke 1020 Davis Avenue. Your approval of this instaila• tion is requested. Gilbert D. Chavenelle City Manager Councilman Justmann moved approval of the recommendation. Seconded by Mayor Bitter. Carried by the f»ldowing vote: Yeas—Mayor Bitter, Councilmen Jusitmann, Moldenhauer, Pregler, Thom s . Nays None. October 119. 1973 Honorable Mayor and City Council Subject: "No Student Parking" on west side of Alta Vista from 1500 to 1800 Block and F (kna Street from Alta Vista to the Aliev Attached is a letter from Loras College agreeing to have installed "No Student Parking" signs in the above designated areas. You wild note that Loras Uollege agrees to use their Security De- partment in enforcement of the restriction. Signs sfiould be available and erected within the next 30 days. Francs A. Murray Assistant City Manager CounciLman Justmann moved that the communication be receiv- ed and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thom;. Nays --.None. Communication of Raver Valley CAP Inc, submitin,g documenta- tion for formal action, in compli- ance with their grant request for the current year ending; OcM.ober 31, 1973 as well as the proposed on oin,g funding beginning Novem- ber 1, 1973 for program year "H" ending October 31, 1974, presented and read, Counciimen Pr(*tw moved that the communication be referred to the Mayor, Board of Supervisors and City Attorney. Sec• onded by Mayor Bitter. Carried by the followWin,g vote: Yeas—.?Mayor Bitter, Councilmen Justmann, Moldenhauex, Pnegler, Thoms. Nays—None. Communication of Planning & 'Loving Commission submitting minutoe of their meeting of October 17, 1973, presernUed and read. Coun- c,lman Justmaan mewed that the communication be received and filed. Secondied by Councilman Pregler. Carried by the foilmving vote: Yeas—Mayor Bitter, Councften Justmann, Moldenhauer, Pregler, Thoma. Nays—None. Communication of Iowa I mart- ment of Fnvironment,al Quality submitting a sanitary survey of the Dubuque Municipal water oruip- piy. presented and read. Council- man Pregler moved that the mm- mun;cation be received and filed. Seconded by Councilman Molden- hauer. Carried by the following vote: 1'eas—?Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Therms. Nays—None. Ochober if), 1973 To the Honorable Mayor and City Councii 1 herewith submit the reporbs (xf the City Treasurer, City Auditor and Health Department, as well as a list of claims paid, for the month of September, 1973. Gilbert 1). C,haveDeale City Manager Councilman Moldenhauer moved that the reports be received and filed. Seconded by C o u n c i Lman 'Phoms. Carried by the following vote: Yeas—Mayor Bitten, Councilirnen Justmann, Moldenhauer, PzWler, Thonts. Nays—None. Octobtr 12, 1973 Honorable Mayor and City Gwncil 4n September 12, 1973 Mrs. Marie Schlueter, 6,T Lincoln Ave- nue, filed claim against the City ,yf Dubuque in the amount of $40.00 and alleging damages to furn"h- 550 Special Session, October 22, 1973 ings and expenses of cleaning up after a sewer backup on August 23, 1973 as the result of a city craw flushing out said sewer at said time. This matter was Jerred to the appropriate City Agency wbo re- ported to the City Attorney by letter on October 10, 1973 that said claim had been amicably disposed Of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney 0ourwilman Pregier moved ap- proval of the recommendation. Sec- onded by Mayor Bitter. Carried by the following votee: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregfer, Thoms. Nays—None. October 16, 10M Honorable Mayor and City Council Claim was filed by the parents of Karen Trilk claiming damages on behalf of their daughter, Karen Trilk, who allegedly was injured on July 30, 1973 at the Municipal Swimming ,Pool, in the City of Dubuque, Iowa. This matter .was referred to the appropriate City Agency who re- ported to this office by letter dated October 10, 1973, that said matter had been amicably disposed of. In view orf the foregoing, it is the recommendation of the Cdtv Attorney that said claim be denied. R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Mayor Bitter. Carried by the fodiowing vote: Yeas --Mayor Bitter, Councilmen J•ustmann, Moldenhauer, Pregler, Thorns. Nays --None, October 16, 1973 Honorable Mayor and City Council On November 25, 1970, Original Notice with Petition attached was served on the City of Dubuque in the matter of Dortha K. Sim- mons, plaintiff, vs. City of Du- buque, defendant, Law No. 38969. Plaintiff commenced the action in the Districh Court of Dubuque County, Iowa ciaiming damages in the amount of $20,000.00 for injuries allegedly received on or about November 3, 1970 as a result of an alleged fall on a public side- walk abutting appmximately 70 North Grandview Avenue in the City of Dubuque, Dubuque County, State of Iowa. Thad the plaintiff claimed tits( her right arm was broken and fractured near the elbow and she became disabled, sick, sore and lame and claiming that she was permanently disabled and claiming that she would be in need of future hospital cane and treatment. This matter was tried before a District Court jury which returned a verdict against the City of Du- buque, Iowa on the 24th of Febru- ary, 1972 in the amount Of $257.60. Thereafter, a Motion for New Trial was filed claiming that the jury only returned a verdict in t h e amount of special damages only, when in fact, having found liability they should har%v allowed other items of claimed damages. At any rate, the Court granted a new trial in this particular in- stance and the said matter has been rescheduled for jury t r i a l commencing November 5, 1873. The plaintiff has made an offer of settlement of $1,000.00 plus court costs and it is the recommendation of the City Attorney's office that said offer of settlement be accept- ed. Accordingly, the City Attorney is asked to Confess Judgment against the City of Dubuque in the amount of $1,000.00 together with interest at the rate of seven (7%) percent perannum from the date of entry of judgment and that the court costs be assessed to, and be paid by, the defendant, City of Dubuque, which are in the amount of $91.90. Original Notice vAt:h petition at- tached, is herewith returned. R. N. Russo City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moidenhauer, Pregiier, Thoms. Nays—None. Special Session, October 22, 1973 551 ORDINANCE NO. 48-73 An Ordinance Authorizing St. Regis Paper Co. to construct 8x20 double face pylon sign, presented and read. Councilman Pregler moved that the reading just had be consider- ed the first reading of the Or- dinance. Seconded by Councdlman Moldenhauer. Carried by the fol- lowing vote: Peas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Councilman Pregler moved that the rude requiring an Ordinance to be read on three separate days be wain•ed. Seconded by Council. an Moldenhauer. Carried by the fo6o%ing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nay,—None. ORDINANCE NO. 48.73 An Ordinance Authorizing St. Re- gis Paper Co. To Construct 800 Double Face Pylon Sign NOW TITEREg-'ORE BE IT OR- DAINED BY THE CITY COUNCII. OF THE CI'T'Y OF DUBUQUE, IOWA: Section 1. That St. Regis Paper Cb. 2150 Kerper Blvd. as owners of the premises known as IjDt 1 Block 7 Riverfront Sub. No. 3 in the City of Dubuque, Iowa, be, and they are hereby granted the revocable permit and authority to construct and maintadn an Sx20 D -F Pylon Sign on City owned r1i9tt of way at Kerper Blvd. under the terms and conditions set forth in this Ordinance. Section 2. That such construc- tion shall be done in accordance with plans heretofore sutwnitted by permittees and approved by City Manager, under the supervision and direction of the City Manager, and in accordance with all appli- cable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly con- ditioned on permdttees agreement to: R) Assume any and all liability for damagres to persons or property which may result from the exis- tence, location, installation, coax struction or maintenar►ce of said D,F Pybn Sign on City owned right of way at Kerper Blvd.; b) To pay on behalf of the aty of Dubuque all sums which the City od Duibuque shall become ob- ligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting frMn the location, instal- lation, existence, construction or Maintenanceof said DF Pylon Sign on City owned right of way at Kerper Blvd., sustained by any person or persons, caused by acci- dent or otherwise, to defend at its own expense and on behalf of said City any ciaim ag,ainsd the City of Dubuque arising out of the location, installation, exist. ence, construction or maintenance of D -F Pylon Sign and to pay reasonable attorney fees therefor: c) To indemnify and hold City of Dubuque free and harmless from any and all claims, loss, liability and expense for injuries to third persons or damages to property of third persons, or for damage to any property of City of Dubuque which may occur as a result of or in connection with the location, installation, construction, main- tenance and repadr of the facihtv, work or improvement permitted herein. Section 4. That the permission herein granted is expressly con- ditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their suc- cessors in interest, as owners of the abutting property, shad within ten (10) days after receipt of writ- ten notice from the City Manager, so to do, at their own expense, remove said DF Pylon Sign and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said D -F Pylon Sign, at permittees expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the re- moval of said D -F Pylon Sign. Section 5. Permittees covenant and agree that the revocable per- mit herein granted does not con. siitut.e an approval od the design, erection, location, construction, re- pair or maintenance of said faie lity and said permittee hereby cove- 552 Special Session, October 22, 1973 nants and agrees not to assert such claim or defense against the City cd Dubuque in the event of ebim asserted for personal injuries andor property damage against the permittee arising out, of or in any way connected with the location, installation, construction. design, repair and maintenance of the facility herein permitted. Section 6. This Ordin'a'nce shag become effective and the rights hereunder accrue to St. Regis Pa- per Company when this Ordinance has been adopted by the City Coun- cil and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Or- dinance. Passed, approved and adopted this 22nd day of October, 1973. Joseph J. Bitter Mayor Walter A. Progler Allan T. Thorms Wayne A. Moldenhauer C. Robert Justmann Council men - Amt: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 46.73 The undersigned having read and being famidiar with the terms and conditions of Ordinance No. 48-73 hereby, for themselves, their suc- cessors or assigns, as owners of the abutting property, accept the same and agree to he bound by the conditions and agreements therein contained to be performed by permittees. Dated 4 October 1973 St. Reigns Paper Co. BY: N. T. Bainbridge General Manager BY: T. S. Butler Purchasing Manager Published officially in the Tede- gralk Herald Newspaper this 25th day of October 1973. Leo F. Frommelt City Clerk it. l o -2s. Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thome. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposal to amend Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, by changing from Single Fa- mily Residence District Classifica- tion to Multiple Residence District Classification; Lot 1 of the Sub. of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 3; Lot 2 of the Sub. of Lot 2 of Lot 1 of Lot 2 of I.ot 1 of Lot 3, Lot 1 of the Sub. of Lot 1 of Lot I of Lot 2 of Lot 2 of Lot 1 of Lot 3 all of St.. Mary's Place in the City of Dubuque, Iowa, presented and read. No written objections were filed and no oral objectors were pre- sent at the time set for the pub- lic hearing. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. ORDINANCE NO. 49-73 An Ordinance Amending and Changing Ordinance No. 3.34 Known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" so as to Change Certain Property Hereinafter De- scribed from "Single Family Re- sidence District" Classification to "Multiple Residence District" Clas- sification, said Ordinance having been previously presented and read at the Council meeting of Septem- ber 24, 1973 presented and read, for final adoption. ORDINANCE NO. 49.73 AN ORDINANCE AMENDING AND CHANGING ORDINANCE. NO. 3-34 KNOWN AS THE "ZON- ING MAP AND ZONING ORDI- NANCE OF THE CITY OF DU- BUQUE, IOWA" !;O AS TO CHANGE CERTAIN PROPERTY HEREINAFTER D E S C R I BED FROM "SINGLE. FAMILY RE.SI- 1}ENCE DISTRICT" CLAASWWA TION TO "MULTIPLE RESI- DENCE DISTRICT" CLASSIFICA. TION NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Special Session, October 22, 1973 1 Section 1. That Ordinance No. 3.34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" be and the same is hereby amended by chang- ing from "Single Family Residence nistrict" classification to "Multiple Residence District" classification the following described real es- tate, to wit: Lot i of the Sub of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 3 of St. Mary's Place; Lot 2 of the Sub of Lot 2 of Lot i of Lot 2 of Lot 1 of Lot 3 of St. Mary's Place; Lot 1 of the Sub of I.ot 1 of Lot 1 of Lot 2 of Lot l of Lot 3 of St. Mary's Place; all in the City of Dubuque, Iowa according to the recorded plats thereof. Section 2. That the zoning re- classification above described is made for the purposes of establish- ing on such real estate a Planned Unit Development, which shall con- sist of a nursing home or convales- cent home located generally within Lot 1 of the Sub of Lot 1 of Lot 1 of Lot 2 of Lot 1 of l.ot 3 of St. Mary's Place, together with such other uses and struc- tures as may be permissible in the Multiple Residence District on the remainder of the property, and which Planned unit Development plan shall be made pursuant to the provisions of Section 6 of Ar- ticle IV of Ordinance No. 3-34. Section 3. That the Building Com- missioner of the City of Dubuque, Iowa is hereby ordered and di. rected that such building permits and certificates of occupancy for said properties shall be limited only to such uses, structures and other installations as shall conform to an approved Planned Unit De- velopment plan. Section 4. That the foregoing Amendment has heretofore been anroved by the Planning and Zon- ing Commission of the City of Du- buque, Iowa. Passed, approved and adopted this 72nd clay of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 25th day of October 1973. Leo F. Frommelt City Clerk Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman J u s t - mann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. October 19, 1973 To the Honorable Mayor and City Council Attached is an amending ordi- nance to the Traffic Code of Du- buque prohibiting parking on the south side of Theisen Street, from Jenni Street to Stetmore Street. Also attached is the original peti- tion and a letter of explanation from Chief O'Brien. The ordinance amendment will be presented at your meeting of October 22. 1 recommend that it be adopted. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter. Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. ORDINANCE NO. 50.73. An Ordinance Amending Ordinance No. 33-49 Known as the "Traffic Code of Dubuque, Iowa" as amend- ed, by adding a new subsection 110 to schedule VI thereof to prohi. bit the parking of motor vehicles on the south side of Theisen Street from Jenni Street to Stetmere Street, presented and read. Councilman Thoms moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councile Juytmann, Moldenhauer, Pregler, Thomas. Nays—None. 554 Special Session, October 22, 1973 Councilman Thomas moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- ing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thomas. Nays—None. ORDINANCE NO. 50-73 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DU- BUQUE, IOWA" AS AMENDED, BY ADDING A NEW SUBSEC- TION 10 TO SCHEDULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON THE SOUTH SIDE OF THEI- SEN SREET FROM JENNI STREET TO STETMORE STREET NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same is hereby amend- ed by enacting a new subsection 110 to Schedule VI thereof as fol- lows: "SCHEDULE VI." 110. On the south side of Theisen Street from Jenni Street to Stet - more Street." Passed, approved and adopted this 22nd day of October, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 25th day of October 1973. Leo F. Frommelt City Clerk lt. 10-25. Councilman Thorns moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. October 19. 1973 Iionorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has hell a public hearing on the petition of Mr. and Mrs. Merle Goerdt for Multiple Residence classifica- tion on their property recently an- nexed to the City of Dubuque and described as follows: Lot 1 of Lot 1 of Lot 1 of Lot 3 of Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 and Lot 2 of I.ot 1 of Lot 1 of Mineral Lot 324, Section 12, Township 89 North, Range 2 East of the 5th Principal Meridian, in Dubuque County, Iowa according to the re- corded plat thereof; and, Lot 1 of Lot 1 of Mineral Lot 323, and Lot 1 of Lot 1 of I.ot 2 of Mineral Lot 324: and Lot 94 in O'Neill's River View in Dubuque Township, Dubuque County, Iowa according to the recorded plats thereof. Notice was sent by certified mail to 15 owners of adjacent property. There was concern voiced at the public hearing that the proposed Multiple Residence development might have a detrimental effect on the adjoining neighborhood. The focus of this concern was on mat- ters of traffic circulation and street conditions in the vicinity of the Goerdt property. The Commission is aware of the community's need for additional apartment housing and for vacant sites suitable for this type of de velopment. It has been determined that the Goerdt property is appro- priate for multiple residence use. The Commission is also confident that a suitable traffic access plan can be devised so that no adverse effect would occur in the neighbor- hood. The City of Dubuque Planning and Zoning Commission has voted unanimously to recommend appro. val of this petition, subject to the requirement that a Planned Unit Development plan be reviewed and approved pursuant to the PrOvi- sions of Section 6 of Article IV of the City of Dubuque Zoning Ordinance, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Bitter moved that the Special Session, October 22, 1973 555 communication be received a n d filed. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays- None. An Ordinance Zoning and Classi- fying recently annexed territory to the City of Dubuque, Iowa as a "Multiple Residence District" which real estate is hereinafter described, (Csoerdt property off Sheridan Road), presented and read. Mayor Bitter moved that the reading just had be considered the first reading of the Ordinance. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays—None. Mayor Bitter moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Mayor Bitter moved that the Or- dinance be set down for a public hearing to be held on December 3, 1973 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 hear- ing in the manner required by law. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. Petition of White Shrine request- ing -permission W seal fruit cakes on the market on November 3, 1973, presented and read. Mayor Bitter moved approval of the pe- tition and saime be referred to the Manager. Seconded by Oruncil- man Moldenhauer Carried by the. following vote: Yeas ---Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Al G. Maiers request• inc permission to excavate at 3W Cent.rai Ave. to repair water leak and ser%lre line, presented and read. Mayor Bitter moved approval of the ,petition. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Th xm"s , Nays --None, Petition of John Zurcher request- ing vacation od a platted alley at the end of the turn around on Marquette Place, presented and read. Mayor Bitter moved that the petition be referred to the Mana- ger and staff for investigation and report. Seconded ,by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None, Petition of Eldon Weidenbacher et al (22 signers) objecting to the erection of a Proposed A & W Drive In on the southeast corner od J.F.K. & Asbury Roads, pre- sented and read. Mr. Eldon Weidenbacher addres- sed the Council objecting to the erection of an A & W Drive In on the basis of traffic food odors, operating hours and trash. He is opposed to froth drive in and sit down restaurants. Mr. Ambrose Ileerkes also objeet- ed to the proposed Drive In. Councilman Pregler .moved that the petition be received and Sided, Seconded by Councilman Just - mann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. N ays--None. October 32, 197(1 Honorable Mayor and City Council At your briefing session on Fri, day afternoon, immediately last past, discussion was had concern- ing an expected application dor building permit for an A & W Drivein Restaurant to be located at the southeast corner of Asbury at its intersection with John F. Kennedy road. at It was my understa riding th you instructed me toPrepare 556 Special Session, October 22, 1973 ordinance for you to consider this evening to eliminate the location and use of a restaurant, cafe or eadeteria in a Local Bueaness Dis- trict '%" Cla&sifieation. Accordingly, I am submitting an Amendment for your consideration, and would suggest that you have this made the first reading of the Ordinance this evening. R. N. Russo City Attorney Coumilman Pregler moved that the communication be received and Wed. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas—Mayor Bitter, Gwneitmen Justmann, Moldenhauer, Pregler, Thom%. ,Na•ys—None. An Ordinance Amending Ordinance No. 3-34 Known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by Re- pealing Section 1 of Article VA and Enacting a New Section 1 of Article VA in Lieu Thereof to Delete Restvarants, Cafes and Ca- feterias as a Permitted use Within the Local Business District "A" Classification, presented and read. Coundbnan Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Molden- hauer. Carried by the following vole: Yeas ---Mayor Bitter, Councilmen JuAnvann, Moldenhauer, Pregler, Thems. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Thoms. Neya None, Counci>Lman ,Pregler .moved that a pubbe hearing be held on the Ordinance on Doe -ember 3, 1993, at 7:30 P.M, in the Council Cham. ber at the City Hall and that the City Clerk be instructed to pulAish notice of the hearing in the manager required by law. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregier, Thoms. Nays—None. Petition of St. FAias Greek Ortho. dox Church requesting a refund of $270. on the discontinued busi- ness Class B Beer permit B4980 and S -B.1980, discontinued business on July 23, 1973, ,presented and read. Councilman Jwstmann moved that the refund be granted and the Auditor instructed to issue pro- per warrant. Seconded by Mayor Bitter, Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Duane Koellier re- questing a refund of $50. on the unexpired portion of cigarette Ii - cense No. 1.13, as he has discon- tinued business on October 15, 1973, presented and read. Councilman Justmann moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moidenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 343-73 Declaring Intent to Sell a Portion of the Downtown Urban Renewal Project, Iowa R-15, to Investment Planning Inc. WIiER.EAS, under date of Au- gust 20, 1973, the :Council of th,e City of Dubuque adopted Resolu• tion No. 2130-73 which approved and ,authorized the receipt of proposals for the sale .and redevelopment of a certain parcel of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, pursuant to said re- solution, a notice of Invitation for P►n)posals was ,published in the Te- legraph Herald, a newspaper of general circulation in the City of Dubuque, Iowa, August 23, 1973, and August 30, 1973; and WHEREAS, in response to said offering, a :proposal ,for the pur- chase and redevelopment of the real estate was received from In- vestment Planning Inc.; and WIJERF,AS, pursuant to Chapter 403 of the Code of Rywa, as amend. Special Session, October 22, 1973 V7 ed W date, and certain regulations of the United States Department of Housing and Urban Develop- ment, certain documents must be made available for ,public inspec- tion and a public hearing conduct- ed; now therefore BE IT RF.9C1LVED BY THE QITy ODL740L OF THE CRTY OF DUBLIQUE, IOWA: Section 1. 'Mat the Qty of Du- b:oque hereby de.citares its intent, after a publdc hearing, to diepbse of Block 8 in Dubuque Downtown Plaza also known as Disjxosition parcel 74 in the Downtown Urban Renewal Project, Iowa R45, to Investment Planning Inc. in accor- dance with the terms and ecmdi- tions of the Land Marketing Dneu- ments governing such se* on file it) the office of the Department of Housing and Redevelopment. Section 2. That the city Clem be and he is hereby authorized and directed to publish notice of public hearing to be held on De- cember 3, 1W3, and to make cer- tain documents available for pub- lic inspection. Such notice shall be substantially in the form of "Exhibit A" attached hereto and made a mart hereof, and such no- tice may cover one or more pro- posals. Passed, approved and adopted this 22nd day of Oct(Awr, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert J ustm,aim C,ouncalmen Attest: Leo F . Froniane t City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the 19x133 Code of Iowa, as amended, the City Council of the city of Dubuque vviill hold a public hciaring for the purpose of comidering the authorization of the execution of Proposed agreements by and be- tween the city of Dubuque and the developers hereinafter listed for the purchase and redeve4op- ment of certain parcels of real estate locatc+d in the Downtown Urban Renewal project, Iowa R46, wtwCh pruja}ct includes the area hounded by Fourth Gttvet on the south. Central Avenue on the east, Ninth Street an the norlb, and Lo,m. --d Street on the west, Name of devkoper, Investment I"anneng Inc.. Address, W Locust Street, Dubuque, ,Iowa. Said hearing will be held in C7oun- cii Chambers, City 11aU, lath and Iowa Streets, Dubuque, lows, at 7:30 P.M. on the 3rd day of de- cember, 19711, And any person or organization desiring to be heard will be given an opportunity tto be heard on the question at the proposed (hapositiorrs. A "Redeveloper's tStatemeM for Public Disclosu-re" in the form pm scribed by the Department of Iious. int; and Urban Development and tate propocsed "dasposttion Agree- ment" for each of said developers are on file and avaiiabie for in- spection at the. office of the City Clerk, City flub, 'Dubuque, Iowa between 8:00 A.M. and 6:00 P.M. e.wept Saturdays, Sundays, and ho lida.ys. Said documents ahadd also be available at the time 0i the puWc hearing. I.eo F. Frommek City Clerk Councilman Justmann moved adopbDn of the re.,scxki ion and set the public hearing for December 31 1973. Seconded by C.ouneiimen Pregler. Carried by the Jollowing vote: Yeas --Mayor Bitter, Councilmen Justmann, Madenhauer, Pregier, Tho ms. Nayis -None. OcWber 19, la;'M Honorable Mayor and ()ounciknen The ttity of Dubuque Pianadng and Zoning Cam,mission has re- vicw'ed the fiitai plat of Black 4 and Block 5 in Arbor oaks Sub- division in the City of Dubuque, Iouva. It was determined that the plat codorms to the apprcn'ed pre- liminary plan for the Subdivision and is an aPPR*`iate design for the area. It was also noted that the City ,Engineer has approved the plans and speeifimtions for i mprovamenU in the Subdivision, a per his .at,tat!hod letter of 01t0- ber 18, 197'd. It is the necommendatim of the Planning and Z.onit; commission that the Sinai Plat of $lock 4 "d Block 5 in ArW1 Oafkn Subdivision 555 Special Session, October 22, 1973 in the City of Dubuque, Iowa be approved. 0111 Y PLANNING AND ZONINGOOMMISb1MhN Daniel Dittemore Deve9r)punent Planner Councilman Pregler moved that the covrr•munication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moddenhauer, Pregler, 11homs. Nays—None. RESOLUTION NO. 341-73 Resolution Approving the Plat of Blocks 4 and S each in "Arbor Oaks" in the City of Dubuque, Iowa WHEREAS, there has been flied with the City Clerk a plat of the Subdivision to be known as Block 4 & 5 each in "Arbor Oaks" in the City of Dubuque, Iowa, by Iowa-Northwe<stern Development Company; and WHOREAS, upon staid plat ap- ,pear streets to be known as Spring Valley Road, Ardror Oaks Drive, Arbor Oaks Court and Oak View Court, together with certain pub- lic utility easements which •t h e Owners by said plat have dedicated to the public forever; and WILERFAS, said stat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council, and they find that the same conforms to statutes and orddnances relating thereto, except that street grades have not been established, t h e streets brought to grade, or paving, sewer or water installed; NOW IHMEFORE, BE IT RE. SOLVED BY 7HE 00ITY COUNICIIL OF THE CaTY OF DUBUQUE, IOWA: Section 1. That the dedications of Spring Valley Road Arbor Oaks Drive, Arbor Oaks Court and Oak View Court, together with the ease- rrnents for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Blocks 4 & 5 each in "Arbor Oaks" 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 at- tached agreeing; a . To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Spring Valley Road, Arbor Oaks Drive, Arbor Oaks Court and Oak View Court with bituminous concrete, or with concrete paving with integral curlb, all in accordance with City of Dubuque standard specifica- tions ; b. To install sanitary sewer mains and server service laterals in accordance with glans submitted with the plat; c. To install water mains and water service laterals in accor- dancewith plans submitted with the plat; d. To instadd storm sewers and catchbasins in accordance w i t h plans submitted with the plat; e. To install concrete sidewalks as required :by Ordinances, and inhere directed by the City Engi- neer and the City Manager; f. To construct the foregoing im- provements in accordance w i t h plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the forefoing con- struction and maintenance at the sale expense of the Subdivider, Iowa -Northwestern Development Company, as owner; i. To construct said improve- ments, except sidewalks, prior to September 15, 1975, and W con- struct the sidewalks prior to Sep- tember 15, 1977; and further provided that said lo- w a -;Northwestern D e v elopment Company as owner of said Sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptabde to the City Manager. Section 3. That in the event Iowa - Northwestern Development C o ,m- pany shall fail to execute the ac- Special Session, Octoly,r 22, 1973 559 coptance and furnish the security provided for in Section 2 hereof within 46 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval 0I the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 22nd day erf October, A.D., 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 344.73 We, the undersigned John A. Seh- wers, President and Carolyn E. Nauman Secretary -Treasurer, Io- wa Northwestern Development Co. having read the terms and condi- tions of the foregoing Resolution No. 344-73 and being familiar with the conditions thereof, hereby ac- cept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 15th day of November, 1973. Iowa Northwestern Development Company s Jaynes A. Schwers, Pres. s Carolyn E. Nauman Secretary -Treasurer TO: Leo F. Frommelt This is to certify that the se- curity provided by the foregoing RES01,17 ()N NO. 344-M has been furnished by the owners. Dated at Dubuque, Iowa, this 19th day of November 1973. s Gilbert D. CUvenelle City Manager Councilman Pregler ,moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmannn, Moldenhauer, Preg4er, Thorns. Nays -None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of receipt of proposals for the construction of the 1973 eon- cret.e sidewa k program on prim- rose street, Burlington, Keokuk, Saunders, (1akerest, Kauffman, Pennsydvarria, Mullen, Grandview, Cummins, Auburn, N. Grandview, Avoca, Atlantic, N. Algona, pre- sented and read. Councilman Mol. denhauer moved that the pro(4 of Publication be received and filed. Seconded by Councilman. Thorns. Carried by the following vote: Yeas—.Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. October 22, IgM To the Honorable Mayor and City Council At 10:00 a.m, on Monday, Ocbo. ber 22, 1973 bid proposals were received on the 19733 Concrete Side. walk Program. The Engineer's estimate on the Program was f34,5%.77. There were four proposals sub- mitted these are as follows: R. P. McDonald $23,606.53 Tri-State Paving Co. 33,7;1,2.50 Schreiber Construction Co. 40,899.4)0 Edwards Construction Co. 41,906.14 R. P. McDonald's bid was 3aM% under the Engineer's esfUmate. However, we assume McDonald has a clear understanding of. all work items included in the plans and specifications on the project. I recommend the contract for the improvement be awarded to R. P. McDonald and said award be conditioned upon McDonald fur. nishing a performance bond for the completion of the entire pro. gram. Gilbert D. Chavenelle City Manager Councilman Moldenhauer .moved that the communication be receiv- ed and filed. Seconded by Counedl man 71oms. Carried by the follow- ing vote: Yeas.—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thom s. Nays—None. (Awarding Contract) RESOLUTION NO. 345-73 WhER,EAS, sealed proposals have been submitted by contrac- tors for the 19M C<mwzete Side- walk Program pursuant to Resoau- tion No. =-73 and notice to bidders published w a newspaper publish- ed in said City on October 4, 3973 and October la, IBM; and Special Session, October 22, 1973 WHEREAS, sssid sealed propo- amhs were opened and read on Oc- tober 22, 1970, and it has been determined tha4 the bid od R. P. McDonald cid East Dubuque ir the amount of $M,605.5a was the lowest bid for the furnishing of all labor and materials acrd performing the work as provided for in the plans and speeidiea-tions; now therfore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to R. P. McDonald and the Manager be and he is hereby di. rected to execute a contract on behalf of the City cf Dub"ue for the complete performance of said 4 oft. BE IT FURMMR RE60LVE,D, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 22nd day of October, 1970. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moidenhauer C. Robert Justmann Councilmen Attest: LeD F. Fromm eft City Clerk Cxn=ilman Moldenhauer moved adaption of the resolution. Second- ed by Councilman. Thoms. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Just Tann, Moldenhauer, Pregaer, Thoms. Nays—None. RESOLUTION NO. 346-73 WHEREAS, application for Li- quor Licenses have been submitted to this Council for approval and the same have been examined, NOW gliERFJFORIE BE IT RE- SOLVED by the City Council od the City of Dubuque, Iowa, tblat the following applications be grant- ed and licensee issued upon the compliance with the terms of the. IOWA. MQUOR CONTROL ACT— CtUPTER 131—as amended by the 64th General, Assembly, L37a. CLASS "B" (HOTEL—MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Betbe 0. Helling, dba "Dodge House Motel & Res- taur•ant 701 Dodge St, CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joan R. Murphy, dba "Plaza", 1101 Omtrai Avenue Richard A. Schurbon, dba "Sur Richards", 1091 Main Street Passed, adopted and approved this 22nd day of October 19713. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justm-ann Councilmen Attest: Leo F. Fromimelt City Cleric Councilman Pregier moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenbauer, Pregler, Thomrs. Nays—None. RESOLUTION NO. 347-73 WHEREAS, applications for Li- quor Licenses were filed by the within named applicants and they have received the approval of this council, and WHEREAS, the premises to be occupied by suich applietants were inspected and found to comply with State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW TdLEREWORE BE IT RE- SOLVED E•SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named tap- plicants a Liquor License, CLASS "B" (HOTEL—MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Bette 0. Helling, dba "Dodge Ilouse Motel & Res- taurant" 701 Dodge: St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joan R. Murphy, dba "Plaza", 1101 Central Avenue Richard A. Schurbon, dba "Sir Richards", 10% Main Street Special Session, October 22, 1913 561 Passed, adopted and approved WJW4RFaAS, it is this 22nd day 1973. necessary to acquire sand str-Wturn in order Joseph J. Bitter h J. Bitter Mayor to promote and serve the best pubbe interest; Walter A. Pregler Allan T. Thorns NOW 1=RMFURE BE IT RE. Wayne A. Moldenhauer SOLVED ,By THE CITY COUNCEL C. Robert Justmann OF T10 CITY OF DUBUQUE, Councilmen IOWA: Attest: Section I. That the acquisition Leo F. Frommelt of the Property hereinabove de- City Cleric scribed from the F%tate of !La Councilman Pregler moved adop- rence 0. Nesler, deceased, be and tion of the resolution. Seconded the same is hereby approvf*d. by Mayor Bitter. Carried by the Soctlen 2. T}iat the real estate following vote: contract tendered which has here- Yeas—Mayor ,Bitter, Councilmen todorc- been executed by the First Justmann, Moldenhauer, Pregler, National Bank of Dubuque, Iowa Thoms. as Executor of the Estate of C)la- Nays—None, rence O. Nesler, deceased, on be- half of the seller ,be and tete same October 22, 19-13 is hereby approved and the Mayor Honorable Mayor and the Qty Clerk be and they and City Council are hereby authorized and empo- The City of Dubuque has been wered to execute the same for negotiating with Clarence O. Nes- and on behalf of the City of Du. ler Estate for the acquisition of buque, Iowa. the building at the southeast cor- Passed, adopted and approved ner of Tenth and Bluff Streets this 22nd day of October, 1673. in the City of Dubuque, Iowa and Josgph J. Bitter the City of Dubuque has entered .Mayor into an agreement for the purchase Wales A. Pregler of the same for the sum of Wayne A. Moldenhauer $60,881.00. C. Robert Justmann The enclosed Agreement repre- Allan T. Thoms sents the terms worked out be- Councilmen tMeen the City and the sellers. Attest: It is respectfully recommended Leo F. Frommelt that the Mayor and the City Clerk City Clerk be authorized and empowered to Councilman Pregler moved adovp• execute same for and on behalf tion of the resolution. Seconded of the City of .Dubuque, Iawa. by Councilman Justmann, Carried R. N. Russo by ttue following vote: City Attorney Yeas—Mayor Bitter, Councilmen Councilman Pregler monied that ' Justmann, Moldenhauer, Pregler, the communication be received and Thorns. tiled. Seconded by Councilman Nays—None. Justmann. Carried by the follow. At 9:55 P.M. the Council retired ing vote: to an Executive Session to discuss Yeas—Mayor Bitter, Councilmen wage negotiations upon motion by Justmann, Moldenhauer, Pregler, Mayor Bitter. Seconded by Coun- Thoms• cilman Moldenhauer. Carried by Nays--,None. the following vote: RESOLUTION NO. 348-73 yeas—Mayor Bitter, Councilmen Pregler, WHEREAS, the City of Dubuque, Justmann, Moldenhauer, Iowa has been negotiating with Thorns. the Estate off Clarence 0. Nesler, Nays--None, deceased, for the purchase of City At 10:21 P.:M. the Council recon- Lot 638 in the City of Dubuque, vened in regular session. '!here Iowa together with ad] improve- being no further business Mayor ments thereof situated on the Bitter moved to adjourn, Seconded southeast corner of Tenth and Bluff by ()ouncAman Preeer. Carried Streets; and by the following vote: 562 Special Session, October 22, 1973 Yeas—Mlayor Bitter, Oouncilmen Juatmann, Moldenhauer, Pregler, Tbomis. Nays—None. Leo F. Frommelt City clerk January 21 Approved January 21 1974 Adopted Januart 21 1974 Special Session, October 24 1973 563 - - -- CITY COUNCIL OFFICIAL Special session, October 24, 1973. Council met at 4:30 P.M. (D.S. T.) Present — Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, City Manager Gilbert D. Cavenelle. Absent — Councilman Thorns (at roll call) Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of re- ceiving the canvass of votes from the County Board of Supervisors cast at the Municipal Primary Election held on October 23, 1973, and acting upon such other busi- ness as may properly come before a reagular meeting of tihe Council. Proof of PubLeation, of sanipsle ballot, certified to by the Publisher, of the Municipal Primary Election Ballot for C)ouvcil•men and Parr Commissioners, regular term, pre- seated and read. Mayor B i t t e r moved that the proof of publica- tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote' Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays --None. Absent --Councilman Thorns. MUNICIPAL PRIMARY ELECTION HELD OCTOBER 23, 1973 I, Harold P. Meloy, Dubuque County Auditor and Commissioner of Elections, & hereby certify that on Tuesday, the 33rd day of Octo- ber, 19M in Dubuque, Iowa, an election was held to elect candi- dates for the General Munidpral Rection to be held on November 6, 1913. 1 further certify that a canvass of said election was held on Wed- nesday, the 24th day of October, 1973 by the County Board of Super- visors in their office at the County Court House. Present at said can. vass were Leo N. Schueller, I,auis C. Barrett, Ral Scherrman, Super. visors. I further certify that the num- ber of persons voting, the number of ballots cast for each candidate, and the candidates elected, are as herein tabulated and Listed. In testimonv, whereof, I have hereunto set my hand and the seal of Dtthuque County this 34th day of October, ISM. Harold P. McOoy County ,Auditor and Com- misMones of Elections We, the undersigned members 14 the Board of Supervisons of Dubuque County, Ionva and ex -of- ficio Board of Canvassers for said C OUMtY, do hereby certify that the fo''lowinig is a true and correct abstract of the vo,*s cast at the Municipal Primary Election held October 23. aW3 for the various candidates as shown by the offi- cial canvass of the returns from the city election precincts: For City Council: James E. Brady ......................2,3x1 Michael G. Farley ..... ............ A,3T6 Edgar L. Fritaux LII ............ 135 Lester J. Hartley ..._ ...............2,5110 John E. Holl ..._ ........................,1,166 Bud Hunt ............... ...... ... ........ 1,121 Robert Klein ...... I ........ _.......... .... 673 Jay D. Kolker .........................1,668 Mildred R. Leifker ................:. 819 Alvin E. Lundh ............ ........... 3,229 Helen Mercer ......... _....._......... _.2,300 Robert P. Odden .....................2,316 Emil Stackis.._...........................2,5" John L. Tigges . ........................ ,1,60,8 For Park Commissioner: Frederick R. Appel ..............._11AIX Jan-ies G. Schilling .................1,787 Robert A. Sullivan ....................2,024 David J. Willoughby ............1AW Write -In Votes for City Council: Rudolph Draniek .................... .......... 1 Walter Giesler ......... _....... _....._......1 Dorothea Green...................................A Chris Huelmergarth ...........................1 John Klauer................................ _....... Walter Pregler...................................1 Gordon Roberts M .........................1 Total voters casting ballots 5,6AI1 We, the undersigned members of the Board of Supervisors of Dubuque County, Iowa and ex -of. fi6o Board of Canvassers for said County, do hereby further certify that at the Municipal Primary Election held October 23, 1W3 the following persons were elected to have their names placed on the General Municipal Election ballot as candidates for the office listed apposite their respective names: Alvin E. Lundh, Dubuque City Councilman 564 Special Session October 24, 1973 Emil 9taekis, Dubuque City Ooun- cilman Lester J. Hfar4ley, Dubuque City Ommcii•man James E. Brady, Dudnique City 0ouncilman Helen Mercer, Dubuque City ODun- c4man Robert P. Odder, Dubuque City Councilman Frede irk R. Appel, Park Com - mi sMoner Robert, A. Sullivan, Park CoTnnlis- sioner in testimony, wheTeof, we have hereunto set our hands and caused this to be atik-Aed to and sealed by the County Auditor as Com- missioner of Efecbions, this 214th day of Ocldber, 191ti. Leo N. 9ohuefier, Chair- man Board d Supervisors IRay tScberrman, Member Board of Supervisors Louis C. Barrett, Mem- ber Board of Supervisors Aftesit : Harold P. Mdidoy, County Auditor Commissioner of Flections Councilman Pregler moved dict the canvass be received and filed said made a matter of record. Seconded by Councilman Just - mann. Carried by the following tete.: Yeas Mayor Bitter, Councilmen Jgwmtann, Moldenhauer, Pregler. Nays --;clone. Abfiowt--Councd1maa Thoms. October 24, 1973 SEE DETAILED VOTE BY PRE. CINCTS ON PAGE $65. To the Honorable Mayor and Members of the City Council We hereby acknowledge receipt of the canvass from the Dubuque County Board of Supervisors of the Municipal Primary Election held on October 23, 1973 for the offices of City Councilmen a n d Park Commissioners. The canvass indicates that the following named persons will appear on the ballot for the General Election to be held on November 6, 1973. For Councilmen—All nominated by Primary Election, for the term commencing the second secular day in January 1974, Alvin E. Lundh 3229 Votes Emil Stackis 2544 Votes Lester J. Hartley 2510 Votes James E. Brady 23M Votes Helen Mercer 2300 Votes Robert P. Odden 2216 Votes For Park Commissioners—All no- mivated by Primary Election for the term commencing April 1, 1974, Frederick R. Appel 3104 Votes Robert A. Sullivan 2024 Votes Leo F. Frommelt City Clerk Councilman Pregler moved that the communication be received and made a matter of record. Second- ed by Councilman Justmann. Car ried by the following vote: Yeas—Mayor Bitter, C7ouncilmen Justmann, Moldenhauer, Pregler. Nays—None. Absent—Councilman Thoms. RESOLUTION NO. 349.73 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 of Dubuque, Iowa, that the following applica- tions be granted and a permit be issued upon the compliance with the terms of the ordinance of the City. CLASS "B" BEER PERMIT Donald C. Brimeyer, dba Have - One -Tap, 1100 Lincoln Avenue Passed, adopted and approved this 24tb day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Coun6lman Pregler moved adap- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays --None. Absent--0ouncilman Thoms. RESOLUTION NO. 350.73 WHEREAS, application for Beer permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; James E. Brady Michael G. Farley Rdgar L. Friloux III Lester J. Hartley John E. Holl Bud Hunt Robert Klein Jay D. Kolker Mildred R. Leifker Alvin E. Lundh Helen Mercer Robert P. Odden Emil Stackis John L. Tigges Frederick R. Appel James G. Schilling Robert A. Sullivan David J. Willoughby 566 Special Session, October 24, 1973 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 Donald C. Brimeyer, dba Have - One -Tap, 1100 Lincoln Ave. Passed, adopted and approved this 24th day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays—None. Absent—Councilman Thoms Councilman Thoms enter*d the Council Chamber at 4:40 P.M. Members of the Dock Board were in attendance F. J. Schreiber, Les- lie Furuseth, and William McEll- hiney to discuss the future use of City Island. Mr. Don Shanley of the Dubuque Yacht Basin re- quested the installation of sewer and water to his island marina facilities. Mr. Shanley stated that employment of the facility started with three people and is now up to forty. The facility generates out of town money. He cannot con. tinue to develop without sewer and water services. Mr. Fred Schrei- ber was of the opinion that the area facing Peosta Channel should be set aside for commerce and light industry. The balance of the land could be used for recreational Purposes. Dock Board Commis- sioner McEllhiney was of the same opinion. Leslie Furuseth stated that Mr. Shanley has been patient and hag a lot of money invested and should be given some considera tion. The thought occurred to him if anything should be built in the flood plane. Mr. Robert Dorothy stated that three years ago the Council marked all the area for Industrial use. Some of the people present wondered if the U.S. Corps of Engineers would allow any type of construction on the area. Infor- mation was submitted that would indicate that the U.S. Corps of Engineers are presently drawing up a statement on what type M development would be allowed. Mr. Bud Gatena proposed that a large part of City Island be used for a riding area for snowmobiles, trail bikes etc. to service citizens that are looking for a place to ride. Gatena stated that the area could be developed for less than $2000 and then leased to a private nonprofit company. Councilman Pregler moved that water service for area "C" be installed in 1975 and Sewer service in 1976. Seconded by Councilman Thoms. Councilman Moldenhauer moved to table the original mo- tion until the meeting of Decem- ber 3rd. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Councilmen Justmann, Moldenhauer, Thoms. Nays—Mayor Bitter, Councilman Pregler. Councilman Justmann moved that the City commit itself on Area "C" along recreational lines in- cluding recreational industry. Se- conded by Councilman Moldenhau- er. Councilman Moldenhauer mov- ed to table the original motion until the meeting of December 3rd. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenbauer, Thoms. Nays — Councilmen Justmann, Pregler. There being no further business Councilman Thoms moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Leo F. Frommelt City Clerk Special Session, October 24, 1973 rw Approved January 21 Adopted January 21 City Clerk. Special Session, October 29. 1973 CITY COUNCIL OFFICIAL Special session, October 29, 1973. Council met at 7:30 P.M. (C.S. T.) Present — Mayor Bitter, Coun. cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manger Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon such business as may pro- perly come before the meeting. Communication of Dubuque Area Project Concern for the Elderly & Retired Inc. relative to the City's failure for not hiring a housing supervisor to manage a rent as- sistance program for low income elderly persons and offering their assistance to assure the elderly of receiving assistance immediate- ly, presented and read. Council- man Thoms moved that the com- munication be referred to the Coun- cil, Staff and Commission and the City Manager be requested to di- rect his priorities toward hiring a housing director according to the Ordinance, as amended. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Playground and Recreation Commission sub- mitting minutes of their meeting of October 22, 1973, presented and read. Councilman Pregler moved that the communication be receiv- ed and filed and the Manager and Mayor negotiate a meeting date, which was set for November 7, 1973 at 7:30 P.M., Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Little Cloud Girl Scout Council Inc. expressing an interest in the survey for the use of City busses by the Transit Committee and offering their ser- vices for further surveying etc, presented and read. Councilman Pregler moved that the communi- cation be received and filed and referred to the Transit Authority, Seconded by Mayor i1lVer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmanin, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Citizens Tran- sportation Committee submitting minutes of their meeting of Octo- ber 15th, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas,Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of statement of receipts and disbursements and dist of claims for September 1973, pre- sented and read. Councilman Preg. ler moved that the proof of pub- lication be received and filed. Se. conded by Mayor Bitter. Carried by the fodilowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Moldenhauer, Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Mrs. Elsie Adams adressed the Council relative to Christmas de- corations in the downtown area. Also showed some concern as to the erection of the Crib in Wash- ington Park. She was of the opinion that a town of this size should have Christmas decorations simi- lar to those of the past. Evidently she wias of the opinion that it is a City function, however she was informed that it usually is financed by the Downtown mer- chants. Mrs. Adams also had some suggestions relative to bus routes. October 22, 1973 Honorable Mayor and i City Council Special Session, October 29, 19-3 Attached is a letter from Chief O'Brien indicating that the Du- buque Safety Council will provide the necessary funds for the school - ,patrol system this year. I bring this to your attention as a means of acknowledging the gift of the Dubuque Safety Coun- cil. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed and the Miayor instructed to acknowledge the gift from the Pa- trol system. Seconded by Council- man Tttoms, Carried by the foa- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Communication of Carnegie Stout Public Library advising of the re- signation of Mrs. Patsy Green- stein from the Library Board, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed and the Ma- yor extend appreciation for years of service to Mrs. Greenstein. Se- conded by Councilman .Moldenhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregier, Thoms. Nays—None. October N, 1973 Honorable Mayor and City Council On Judy 31, 19M, Helen C. Zuber, of 1449 Bluff Street filed claim against the City of Dubuque in no stated amount and alleging she suffered injuries to her right hand, her knees and wrenched her back as the result of a fall on a public sidewalk on July 31, 1973 at a point between 16th and 17th streets on Jackson Street. This matter was referred to the City Attorney who has made an investigation thereof and has con- ferred with the claimant, and clai- mant has made an offer of settle- ment of said claim in the amount of $27.50 and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and that the City Auditor be in- structed to draw warrant payable to lielen C. Zuber in the amount Of $27.50 and forward said draft to the City Attorney for delivery upon receipt of duly execubed re. leases. Original claim is returned hem. with, R. N. Russo City Attorney Councilman Pregler moved ap, pmva+l of the recommendation. Se- conded by Councilman Moldenhau- er. Carried by the fallowing vote: Yeas—BVla. or Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. An Ordinance Prohibiting Oistgx. bents of the Peace: Providing for the Preservation of the P u b l i c Peace and Safety; and Providing Penalties for the Viotatim Hereof: and Repeating Ordinance No. 14-58, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Second byCouncilman Moldenhauer. Carried .by the fol- lowing vote: Yeas — Councilmen Justanaun, Moldenhauer, Pregler. Nays—Mayor Bitter, Councilman Tho ms. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be %,aived. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas — Councilmen Jus^-tartann, Moldenhauer, Pregler. Nays --Mayor Bitter, Councilmen Thorns. •Councilman Justmiann moved °anal adoption of the Ordinance. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas — Councilmen Justmaarn, Moldenhauer, Pregler. Nays --Mayor Bitter, Councilman 17homs. VETO Mayor Bitter refused to sign the ordinance in its present form. Petition of Stephen Scott, request. inug that a place be allotted to him on the agenda to discuss the possible use of Petrakis Park as a playing field for a Dubuque base- ball team, presented and read. Mr. Hardin and Mr. Scott addresstd the C011ncil requesting that acAion bkty of betaken as to the pasty 570 Special Session, October 29, 1973 using Petrakis Park. They were of the opinion that the lights were adequate but realized thad the loc- ker rooms, showers enc. would have to be replaced. The stands are in need of repair along with fences etc. however they feel it could be done with donated labor and material. The new group to be formed would be a continuation of Dubuque Baseball Inc. Councilman Thoms moved that the petition be referred to the Council and Recreation Commis- sion to meet on November 7th. Seconded by Mayor Bitter. Carried by the following vote: Yeas --.Mayor Bitter, Councilmen Jus-tmann, Moldenhauer, Pregiler, Thoms. Nays—None. Petition of Y's Men's Club of Dubuque by James E. Brady re- questing permission to conduct the annual Halloween parade on Octo- ber 30th, presented and read. Ma- yor Bitter moved approval of the petition. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. RESOLUTION NO. 351.73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci. garettes within the City of Du- buque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Richard W. Burkholder and lay J. Nemmers, dba Thompson's Food Market #1, 250 West First Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 29th day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas ---Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—Councilman Justmann. RESOLUTION NO. 352.73 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 of Dubuque, Iowa, that the following applica- tions be granted and a permit be issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Florence E. Chalder, 113 M a i n Street Nabors Drug #4, Groves Kelco, Inc., 1920 Elm Street Richard W. Burkholder and Kay J. Nemmers, dba Thompson's *1, 250 West First Street Passed, adopted and approved this 29th day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 353.73 WHEREAS, application for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause Special Session, October 29, 1973 571 to be issued to the following named applicants a Beer permit. CLASS "C" BEER PERMIT Florence E. Cbalder, 1.1,3 Main Street Nabors Drug *4, Groves Kelco, Inc., 1920 Elm Street Richard W. Burkholder and Kay J. Nemmers, dba Thompson's t1, 25o West First Street Passed, adopted and approved this 29th day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk 0ouncilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 354.73 WHEREAS, applications for Li- quor 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 grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CON'T'ROL ACT— CHAPTER 131—as amended by the 64th General Assembly, 1971. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Charles J. Spielman, 2401 Windsor Avenue Passed, adopted and approved this 29th day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 355.73 WHEREAS, applications for Li- quor Licenses were filed by the within named applicants and they have received the approval of this council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Charles J. Spielman, 2401 Windsor Avenue Passed, adopted and approved this 29th day of October 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo L'. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. Councilman Justmann moved that the Manager communicate with the owner of the Fischer Ar- cade property and the Council meet with the owner before November 15th to satisfy Council of his com- pliance with the terms of the Coun- cil edict, and that the owner be there or his duly authorized repre- sentative. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None, Special Session, October 29, 11,973 Councilman Pregler moved that the Mayor be authorized to sign the Application for funds for River Valley Inc. as an official respond- ing to form, contingent upon City Manager funding and approving said grant of KOW. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Jwtmanu, Moldenhauer, Pregler, Thoms. Nays—None. There being no further business Councilman Justmann moved to adjourn. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays ---None. Leo F. Frommelt City Clerk Approved January 21 1974 Adopted January 21 1974 Councilmen City Clerk Regular Session, November 5, 1973 573 CITY COUNCIL OFFICIAL Regular session, November S, 1973. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Bitter, Coun. cilmen Justmann, Moldenhauer, Pregler, Thorns. City Manager Gil. bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly mace and this is tine regular monthly meeting of the City 0oumii called for the pur- pose od acting upon such busine&s as may properly come before the meeting. Communication of Gent Witten- berg advising that Mary Jo Willy, president of the Dubuque Art Ass'n will present the maquette of the most appropriate piece of sculp- ture for Town Clock Plaza, as selected b3' the judges for the Five Flags Sculpture Competition, pre- sented and read. Mayor Bitter moved that the rules be suspended in order to bet anyone present address the Council of they so desire. Second- ed by Cbuwilman Pregler. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justm,ann, Moldenhauer, Pregler, Thoms. Nayts—None. Mary Jo Willey presented the maquette upon completion of which Councilman Justmann moved that the maquette be accepted with ap- preciation and the communication of Mr. Wittenberg be received and filed. Seconded by Councilman Mol- denhauer. Carried by the following vote Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tboms. Nays—,None. Communicrabon of Project Con- cern Board member Carl V. Riley, discussing the role of public traros- fortation in Dubuque especially as it affects the older segment of our population, presented and read. Councilman Justmann moved that the communication be receiv- ed and filed and referred to the 'Transit Authority. Seconded bp' Ma` .rr Bitter. Carried by the fo&m. ing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—,Nome. Communication of Northwestern Bell advising that they have filed tariffs reflecting a general increase in phone rates wi-th the Iowa State Commerce Commission and re- questing the Commission for a hearing, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter, Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thomas. Net's --None. Mayor Bitter further moved, af- ter some discussion, to go on re- cord registering a protest and they be obliged to show cause however keep option open as to strict proof. Seconded by Councilman J u s t - mann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tlwms. Nays --None. November 1, 1973 Honorable Mayor and Members of the Coity Council Please be informed that I have approved the following bonds and policies and desire your appixwal on same. SIDEWALK CONSTRUCTION BONDS Ray McDonald Construction Co., Merchants Mutual Bonding dated October 23, 1973. David G. Stang], Western Oasual. ty d Surety Company, dated Oc. taher 29•th, 1M Bond No. 40M. GENERAL LIABILITY POLICY WORKMENS COMP. Ray McDonald Construction Co., Bituminous Casualty Corp,, dated 10,23-73 to 10-23-74 Pal No. 4891195. GENERAL LIABILITY AUTOMOBILE Ray McDonald Construction Co., Bituminous Casualty Corp., dated 101.23-73 W 10M-74 Pol No. GA 73M - Gilbert D. Cataverte1le City Manager Councilman Pregler moved filing approval of the bonds and policies 574 Regular Session, November 5, 1973 subject to approval of the City Attorney. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho.ms. Nays --Nome. Notice of personal injury claim of Monica R. Pfiffner, in an un- determined amount., for injuries re. cezved in a fall on a defective sidewalk at. iRth & Elm street on September 9, 1973, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion •and report. Seconded by (bun- cilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregier, Tho ms. Nays—None. Petition of John W. Patrick M.D. requesting a simple system of stag- gered street traffic lighl control to provide more rapid transit through the City, the end result would be less pollution, less gas consumption and less frustration, presented and read. Councilman Moldenhauer moved that the pe- tition be referred to the City En- gineer and staff. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmiann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Finley Hospital School of Nursing requesting permission to sell candles, candy and sta- tionery, on a house to house basis from November 6th to December 24th 1973, presented and read. Councilman Pregler moved appro- val of the petition providing it is done in conformity with City policy. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas—Mayor Bitter, CounciLmen Justmann, Moldenhauer, Pregler, T%oms. Nays—None. Petition of Francis P. Raymond requesting vacation of a portion of land designated "crosswalk" be- tween his property and that of his neighbor, Donald Galliart, off Cherokee Drive, to provide for con- struction of a garage, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Com• mission and City Manager. Second- ed by Mayor Batter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—.None. Petition of Sisters of St. Francis requesting rezoning of property north of Davis Avenue and south of the northerly City Limits teo permit Multiple Housing Develop. ment, presented and read. Coun- eal•m,an Moldenhauer moved that the petition be referred to the Pd,anning & Zoning Commission. Se- conded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Norvember 1, 1973 Honorable Mayor and City Council Copies of a Recreation and Open - Spaces Plan for the City of Du- buque are enclosed for your re- view, Also attached, for your con- sideration, is a suggested Resolu- tion affirming both the purpose of this plan and your reeognition of it as an interim guide to the future development of the City's recreation and open spaces re- sources. We hope to discuss this with you at your meeting of No- vember 5, 1973. The circumstances surrounding the submission of this plan war- rant clarification. The E. B. Lyon's Estate was dedicated to the City of Dubuque appmximately one year ago. It was recognized that the resources of the Estate could be multiplied by matching them with grant-in-aid funds available from state and federal sources. A commitment to seek federal pro- gram support was made in your Resolution No. 170-73, which ap- proved the acquisition of the 34 acre Reed property and authorized the submission of an application for 50% matching funds for that project. It was subsequently learned that the City of Dubuque had lost its eligibility to participate in the fe- deral Land and Water Conserva- tion Fund program because of the Regular Session, November 5, 1973 575 expiration of its 5 -year open spaces development plan. The plan now before you was drafted to conform to federal program requirements, and is submitted for the purpose of re -gaining our eligibility to re- ceive grant-in-aid funds. The purchase option on the Reed property expires on December 3a, 1973. Matching funds, in die amount of $10,000, have been con- ditionally approved, and will be released upon state approval o2 this 5 -year open spaces develop- ment plan. Submission of the plan must be authorized by the City Council. We therefore urge your prompt adoption of the attached Resolution. Gilbert D. Chave.nelle City Manager Councilman Thorns moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 356-73 WHEREAS the City of Dubuque's eligibility to participate in Land and Water Conservation Fund pro- grams expired on June 30, 1973; and WHEREAS the E. B. Lyons Trust was established to be used for the purchase of public parklands for the City of Dubuque; and WHEREAS the City Council of the City of Dubuque, Iowa has accepted an option agreement to purchase property known as the Reed property in Section 6 of Du- buque Township, Dubuque County, Iowa; and WHEREAS the said purchase is sponsored by the trustees of the E. B. Lyons Estate; and WHEREAS the City Council of the City of Dubuque, Iowa, finds and determines that the City should apply for a federal acquisition grant in connection with the pur- chase od the above described, to support and extend the resources of the E. B. Lyons Estate; and WHEREAS an application re- questing such federal matching funds was approved by the City Council of the City of Dubuque, Iowa, May 14, 19M and was sub- mitted to the Iowa Conservation Commission; and WHEREAS the Iowa Comer. tion Commission approved s a i d ,project application upon condition that the City od Dubuque's eligi- bility to participate in Land and Water Conservation Fund pro- grams be re-established; and WHEREAS the re-establishment of said eligibilitY required sub. mission of a new recreation and open space plan; and WHMEAS a new Recreation and Open Space Plan, attached hereto as Exhibit A, has been pre- pared and submitted to the Iowa Conservation Commission for the purposes of re-establishing the Ci- ty of Dubuque's eligibility for par. ticipating in Land and Water Con- servation Fund programs; and WHEREAS the Iowa Conserva- tion Commission notified the City of Dubuque on October 12, 1973 that the Recreation and Open Space Plan for the City of Du- buque has been found adequate for the purpose of renewing Du- buque's eligibility to participate in the Land and Water Conservation Fund; and WHEREAS the Iowa Conserva- tion Commission notified the City of Dubuque on October 12, 1970 thatt he Dubuque Lyons Park ac- quisition project will be -activated upon receipt of certification that the City of Dubuque has officially accepted and approved the RA-- creation ecreation and Open Space Plan (Ex- hibit A); NOW THEREDORE BE IT RE- SOLVED that. the City Council of the City of Dubuque, Iowa, does hereby arcept and approve the Re- creation and Open Space Flan for the purposes of re-establishing the City of Dubuque's eligibility to par• ticipatte in Land and Water Con- servation Fund programs. Passed, approved and adopted this the 5th day of November, 1970. Joseph J. Bitter Mayor Walter A. Pregleir Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk 576 Regular Session, November 5, 1973 Councilman Justmann moved adnpUon od the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moidenhauer, Rml ler, Thoms. Nays None. Resolution recommending the ,Mayor and CityClerk to execute the required documents in connec- tion with an application for Fe- deral Grant under the ,Land and Water Conservation Program. Whereas, the Dubuque Park Board of the City of Dubuque, Iowa, and the City of Didnique has accepted an option agreement to .purchase property known as the Reed Property in Section 6 of Du- buque Township, Dubuque County, Iowa, and Whereas, said purchase is spon- sored by the Trustees of the E. B. Lyons Estate. Whereas, the Dubuque Park Board of the •Cit -y of Dubuque, Iowa, finds and determines that the city adopt the Recreation and Open Space Plan for a federal acquisition grant in connection with the purchase of the aboive describ- ed to support and extend the re- sources of the E. B. Lyons Folate. Now therefore be it Resolved by the Dubuque Park Board of the City of Dubuque, Iowa: 1. That the City of Dubuque, Iowa, should adopt the Recreation and Open Space Plan for federal assistance for the purchase above described. 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute the re- quired documents in connection with the application for such ac- quisition grant. Frederick R. Appel Chairman, Dubuque P a rk Board Thomas G. Schrup Vice Chairman Dominic W. Goodmann Secretary Dated: Novr. 2, 19M Councilman Preig,ler moved that the resolution be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—.Mayor Bitter, Councilmen Just -mann, Moldenhauer, Pregler, Thorns. Nayks--.None. November 5, 1973 Mayer and City Council I am advised of your intention to consider a Recreation and Open - Spaces Plan for adoption at your meeting of this evening, Novem- ber 5, 1973. 1 am further advised of the wish of Councilman Preg- ler that a representative of the Dock Commission be present to respond to certain recommenda- tions of that plan as they relate to property and programs of the Commission. I have discussed this plan with the staff of the Planning and Zon- ing Commission, and was informed by them of the scope and intent of the plan as being an effort to regain the City's eligibility to receive federal grant funds for pur- chase of open -space land. I under- stand that the recommendations of the plan are to be taken only as a general assessment of local recreation needs, and that your adoption of it does not bind the Council or Dock Commission to its specific implementation. We re- cognize that several of its recom- mendations bear directly on mat- ters of concern to this Commis- sion, including the future develop- ment of McAleece Recreation Area, Area "C" and the 4th Street Area. The Dock Commission is aware that there are competing interests to be addressed in re- solving the ultimate use and de- velopment of these areas, and that the plan now before you is not intended to assert a pre-emptive claim to them. The Dubuque Dock Commission looks forward to opportunities to discuss the use and development of properties in its control with all persons and groups interested in the future of the Dubuque Ri- verfront. The Recreation and Open - Spaces Plan should be a useful tool in furthering this effort, and the Dock Commission is pleased to take this document under ad- visement at this time. Insofar as I understand that the plan is not binding on the future program of the Dock Board, I would express no objection to your adoption of it this evening as it is an iai- Regular Session, November 5, 1973 57; mediate requirement for regaining federal grant funds. Dubuque Dock Com- mission Wm. McEllhiney Councilman Justmann moved that the communication be receiv- ed and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—Nonr. . RESOLUTION NO. 357.73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci- garettes within the City of Du- buque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Richard A. Schurbon, dba Sir Ri- chards, 1091 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 5th day of November 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, '!Thoms. Nays—Councilman Justmann RESOLUTION NO. 358.73 WHEREAS, applications for Beer Permits have been submitted to $his Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of UW.. City of Dubuque, Iowa, that the following applications be grant ed and permits issued upon the compioance with thr terms of the ordinances of the City. CLASS "B" BEER PERMIT Mrs, Marian J. Bridge, dba Ma van's Beverage House, 139 Lo cwst St. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba Oky Doky #6, 1256 Iowa Street Nash Finch Company, dba Ware- house Market, JFK Road Passed, adopted and approved this 5tb day of November 1973, Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Attest : Councilmen Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays ,None. RESOLUTION NO. 359.73 WHEREAS, applications for Beer permits were filed by the within named applicants and they have received the approval of this Coun- cil: a nd WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be autborized to cause to be issued to the following named applicants a Beer permit. CLASS "B" BEER PERMIT Mrs. Marian J. Bridge, dba Ma- rian's Beverage House, 139 Lo- cust St. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba Oky Doky #G, 1256 Iowa Street Nash Finch Company, dba Ware- house Market, JFK Road Passed, adopted and approved this 5th day of November 1973. Joseph J. Bitter M a yor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen 578 Regular Session, November 5, 1973 Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 360.73 WHEREAS, applications for Li- quor 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 app(beations be ap- proved and licenses issued upon the compliance with the provisions of Chapter 13a, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR Town Clock Inn Inc., dba Town Clock Inn, Nesler Center, 8tb & M ain Ronald J. Haas, dba R. J.'s Wheel House, 1630 East 16th St. John F. Glynn, dba Johnny's Tap, 760 East 16th St. Jeanette M. Kroeger, dba J & R Tap, 431 Rhombeng Ave. Passed, adopted and approved this 5th day of November 19M. Joseph J. Bitter Mayor Walter A. Pregler A11an T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by C:oun- eilma.n Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 361.73 WHEREAS, alpplications for Li- quor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the •premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordi- nances relervant 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 Town Clock Inn, Inc., dba Town Clock Inn, Nesler Center, 8th & Main Ronald J. Haas, dba R. J.'s Wheel House, 1630 East 16th St. John F. Glynn, dba Johnny's Tap, 760 East 16th St, Jeanette M. Kroege:r, dba J. & R. Tarp, 437 Rhomberg Ave. Passed, adopted and approved this 51h day of Noti-ember 1973. Joseph J. Batter M ayor Walter A. Pregler Aldan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommdildt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Communication of "Watchdogs" addressed to Archbishop James J. Byrne requesting investigation as to the use of vacant diocesan and - or Roman Catholic religious order real estate holdings within the City as to housing possibilities for low- income elderly citizens, presented and read. Councilman Justmann moved that the communication be referred to the Low -Rent Housing Commission. Seconded by Council- man Pregtler. Carried by the fod- lowi ng vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns Nays—None, Councilman Pregder moved to override the Mayor's veto on the Regular Session, November 5, 1973 579 proposed DisturNng the Peace or- dinance. Seconded by Councilman Justmann. Vote on the motion was as follows: Yeas — Councilmen Justmann, Moldenhauer, Pregler. Nays—Mayor Bitter, Councilman Thorns. Mayor Bitter directed the City clerk to call a meeting on the proposed Disturbing the Peace or- dinance for Wednesday evening at 7:00 Welock P.M. on November 7th. Mayor Bitter moved to direct the City Solicitor and i'lanning & Zoning Commietsion to draft a class "A" business ordinance to exclude Drive-in Restaurants from Class "A" Zoning Classification. Motion died for lack of a second. There being no further business Councilman Justmann moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Leo F. Frommelt City Clerk Approved January 21 1974 Adopted January 21 1974 Councilmen City Clerk 580 Special Session, November 7, 1973 CITY COUNCIL Section 1. No person within the corporate limits of this City shall wilfully disturb the peace a n d quiet of others by loud or execs - OFFICIAL sive noise, violent or obstreperous Special session, November 7, conduct calculated to provoke a 1973. breach of the peace. Council met at 7:00 P.M. (C.S.T.) Section 2. No person within the Present — Mayor Bitter, Coun• corporate limits of this City shall cilmen Justmann, Moldenhausr, suffer or permit in any house or Pragler, Thoms. City Manager Gil- upon any premises owned, occu- bert D. Chavenelle. pied, possessed or controlled by Mayor Bitter read the call and him any hallooing, quarrelling, stated that service thereof had fighting or unusually loud or ex - been duly made and this meeting cessive noise in such a manner is called for the purpose of con- calculated to provoke a breach of sidering adoption of an ordinance tate peace of others, or the public prohibiting Disturbance of the quiet of the neighborhood. Peace and acting upon such other Section 3. No person within the business as may properly come corporate limits of this City shall before a regular meeting of the engage in a fight with another, 0ouncil. or assault, strike, or attempt to ORDINANCE NO. S1-73 I assault or strike another, or in - An Ordinance Prohibiting Distur• vite or defy another person to Light bance of the Peace; Providing for I or quarrel. the Preservation of the P u b I i c Section 4. No person within the Peace and Safety; and Providing corporate limits of this City shall Penalties for the Violation Here- disturb or interrupt any public of; and Repealing Ordinance No. meeting or lawful assemblage of 14-58, persons by violent or obstreperous presented and read. conduct, or by making unusually Councilman Pregler moved that loud or excessive noise the intent the reading just had be considered of which is to he disruptive or the first reading of the Ordinance. to provoke a breach of the peace. Seconded by CouncJm,an Malden- Section S. No person within the hauer. Carried by the following corporate limits of this City shall vote: ring or sound any bell, auction bell, gong, or similar device upon Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, the streets or alleys within the ,L,ho City, or in front of any place of Nays --None. business or dwelling house, or upon Councilman Pregler moved that any vehicle for the purpose of the rule requiring an Ordinance advertising any auction or other to be read on three separate days sale or event, in an offensive or be 'waived. Seconded by Council- unnecessary manner so as to dis- man Moldenhauer. Carried by the turb the peace of others. following vote: Section 6. No person within the Yeas—Mayor Bitter, Councilmen corporate limits of this City shall Justmann, Moldenhauer, Pregler, resist or obstruct, or in any way Tboms, interfere with any police officer, Nays—None, or member of the fire depart - ORDINANCE NO. 51.73 ment in the performance of any AN ORDINANCE PROHIBITING official duty. DISTURBANCE OF THE PEACE; Section 7. Any person who vio- PROVIDING FOR THE PRESER- later any of the provisions hereof VATION OF THE PUBLIC PEACE shall, upon conviction, be punished AND SAFETY; AND PROVIDING by a fine not to exceed One Hun - PENALTIES FOR THE VIOLA- dred Dollars ($lo0.00) or impri- TION HEREOF; AND REPEAL- sonment not to exceed thirty (30) ING ORDINANCE NO. 14-58. days. NOW THEREFORE BE IT OR- Section S. If any rule, section DAINED BY THE CITY COUNCIL, be part held tof o this inOrdL aor eunc n - shall OF THE CITY OF DUBUQUE, IOWA: stitutional by any court of COM- Special Session, November 7, 1973 --------- 581 petent jurisdiction, such invalid- ity or unconstitutionality shall not affect the validity of the remain• ing parts of this Ordinance, and the City Council of the City of Dubuque hereby declares that it would have passed the remaining parts of this Ordinance if it had known that such part or parts hereof would be declared uncon- stitutional or illegal. Section 9. This Ordinance being deemed urgent and in the interest of public peace, healdh, safety and convenience, shall be in force and effect from and after its final pas- sage and adoption by the City Council and Publication as pro- vided by law. Section 10. Ordinance No. 14.58 is hereby repealed. Passed, approved and adopted this 7th day of November, 1973 Joseph J. Bitter Mayor Walter A. Pregler Wayne A. Moldenhauer C. Robert Justmann Allan T. Thoms Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 13th day of November, 1973. Leo F. Frommelt City Clerk It. 11-13 Councilman Pregler moved final adoption of the Ordinance. Second. ed by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved January 21 1974 Adopted January 21 1974 Councilmen "City Clerk 582 Special Session, November 13, 1973 CITY COUNCIL OFFICIAL Special session, November 13, 1973. Council met at 4:30 P.M. (C.S.T.) Presets — Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. Chaveneile. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ac- cepting the canvass of the regular election for Councilmen and Park Commissioner held on November 6, 1973, from the County Board of Supervisors, and acting upon such other business as may pro- perly come before a regular meet- ing of the Council. Proof of Publication, certified to by the Publisher, of Sample Ballot of the Regular Municipal election held on November 6, 1973 f or Councilmen and Park Commis- sioner, presented and read. Mayor Bitter moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Elec- tion on the adoption of a public measure to remodel the City Ball and contract indebtedness not ex- ceeding $560,000 and issue bonds, presented and read. Mayor Bitter moved that the proof of publica- tion be received and filed. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Thoms. Nays—None. DUBUQUE COUNTY AUDITOR MUNICIPAL GENERAL ELECTIONS HELD NOVEMBER 6, 1973 Sections 50.24, 50.27, 50.28, 50.29; Chapters 39.53; Chapter 363 I, Harold P. Meloy, Dubuque County Auditor and Commissioner of Elections, do hereby certify that on Tuesday, the 6th day of No- vember, 1973, municipal elections were held for each of the cities of the county and the city here- inafter specified and further certify as follows, to -wit: 1. The canvass of said elections were held at 9:00 A.M. on Mon- day, the 12th day of November, 1973, by the County Board of Su- pervisors in their office at the County Court House; 2. That the declaration of elec- tion hereinbelow set -out of whom the canvassers hereby determine to be. elected; 3. That the original tally lists from the various cities and the city herein below specified shall be delivered to the County Com- missioner of Elections for filing and recording in the election book of said Commissioner and same is hereby declared certified; 4. That election certificates shall be delivered to each of the per- sons herein declared elected under the official seal of the county, such certificate being presumptive evi- dence of his election and qualifi- cations. CITY OF DUBUQUE FOR MAYOR (not applicable) FOR CITY COUNCIL James E. Brady Alvin E. 1,undh Emil Stackis FOR PARK COMMISSION Frederick R. Appel FOR TREASURER (not applicable) CITY HALL BOND PROPOSITION OR QUESTION Yes, 4,(W votes; No, 5,5 2 votes, Proposition Defeated Certified; Harold P. Meloy County Auditor Commissioner of Elec- tions Attest: Leo F. Frommelt City Clerk Mayor Bitter moved that the communication be received and made a matter of record. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Special Session, November 13, 1973 583 Council if they so desire. Second- ed by Mayor Bitter. Carried by the following vote- Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. Attorney Wm. Fuerste, repre- senting Roger Rommel, who owns the property at the corner of J.F.K. and Asbury, who intends to con• struct a restaurant on the pro- perty, addressed the Council by requesting the issuance of a build- ing permit from the Building Com- missioner. Mr. Fuerste recited the pertinent sections from the Zoning Ordinance covering the issuance of building permits and stated that the Building Commissioner in this case is being stopped from doing his lawful duty. All they want to do is to run a restaurant as al- lowed under Article "A" of the Zoning Ordinance. Mr. Eldon Weidenbacher, a near- by resident to the property, ob- jected to the construction of a Drive -In restaurant. He did state that the lesser of two evils would he a sit-down restaurant, however he still objected to the odor prob- lem coming from any type res- taurant. Mr. Ambrose Herkes of 3275 As bury objected on the basis that the traffic would be uncontroll- able. He was of the opinion that it would not be a sit-down res- taurant, and strongly objected to any type restaurant, on the par- ticular corner in question. Mr. Gene Potts, a neighbor adjacent to Team Electronics, was con- cerned about the safety of chil- dren, and strong consideration should be given to the safety to all both children and adults in the area. Courwilman Thoms moved that the rules be re -instated. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—!Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved that the matter be referred to the City Manager and staff for a report back to the Council at the brief. ing session scheduled for Fridav P.M. November 16, 1973, and that the order issued to the City Clerk to publish notice of a public hear. ing on a proposed Ordinance amending the Zoning Ordinance re- pealing Section 1 of Article VA and enacting a new section in lieu thereof to delete restaurants, cafes and cafeterias as a permitted use within the Local Business District "A" Classification be rescinded. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho►n s. Nays—None. There being no further business Councilman Thoms moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved January 21. 1974. Adopted January 21. 1974. ,City Clerk 584 Special Session, November 19, 1973 CITY COUNCIL OFFICIAL Special session, November 19, 1973. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Bitter, Coun- cilmen justmann, Moldenhauer, Pregler, Thorns. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing to con- sider avthorizing proposed agree. ments for purchase of Urban Re- newal land to R & S Enterprises, and acting upon such other busi ness as may properly come be- fore a regular meeting of the Coun- cil. Communication of Playground & Recreation Commission submitting minutes of their meeting of No- vember 5, 1973, presented and read. Mayor Bitter moved that the communication be received and filed. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Communication of Chamber of Commerce being resolved that the three governmental units should consider and study their structure before making any decisions on how to permanently house them, to determine long range needs and examine all separate buildings, a campus plan, a joint administra- tive building or any other pro- posal that may be authorized by Chapter 28 (E) Code of Iowa, pre- sented and read. Councilman 'Moms moved that the communication be referred to the informal meeting scheduled for November 27th. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Youth Seer vices submitting the name of Will. liam Landon Jr. as an applicant to their Board of Directors, pre- sented and read. Councilman Prerg Ser moved that the communica- tion be referred to the Council. Seconded by Councilman J u s t - mann. Carried by the following vote: Yeas—,Mayor Bdtter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays--None. Communication of Dubuque Transit Trustee Board stating that their fuel allotment will be cur. tailed and requesting a meeting with the Council to discuss budget as to present and previous ope- rations, presented and read. Mayor Bitter moved that the communi- cation be received and filed and that the Council meet with the Board on Monday evening, Novem- ber 26th and the meeting be sche- duled for seven O'clock P.M. Se- conded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Communication of State Auditor Smith submitting copy of Audit Report of the major Disaster Claim submitted April 10, 1973, being the balance due in the amount of $5,267.84, presented and read. Ma- yor Bitter moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 17homs. Nays --None. November 2, 1973 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 3165 of the 1973 Code of Iowa, the Civil Service Com- mission conducted entrance exami- nations on Selr4ember 26, 1973, for positions on the Police Depart- ment. The following named applicants have ,passed both the written and physical examinations and are hereby certified for appointment. Diedrich, Timothy R. 1%% Rehak, Thomas F. .... __ _.. 1~% Gerard B. Noonan Chairman Louis F. Faut.sch Marvin A. VanSickle Civil Service Commission Special Session, November 19, 1973 585 Attest : Leo F. Frommett Clerk Subscribed and sworn to before me this 6th day of November, 1973. John Fang.man Notary Public Mayor Bitter moved that the communication be received and made a matter of record. Second. ed by Councilman Pregler. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho ms. Nays—None. November 2, 1973 To the Honorable Mayor and Members of the City Council In accordance with the provi. s.ions of Chapter 366 of the Code of Iowa, the CivH Service Com- mission conducted entrance exa. minations on September 19, 1973 for positions on the Fire Depart. ment. The following named person has passed both the written and phy- sical examinations and is hereby certified for appointment. Weidemann, Michael A. ...._9696 Gerard B. Noonan Chairman Louis F. Fautsch Marvin A. VanSickle Civil Service Commission Attest: Leo F. Frommelt C.ilerk Subscribed and sworn to before me this 6th day of November, 1973, John Fangman Notary Public Mayor Bitter moved that the communication be received and filed and made a matter of re- cord. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. N a ys--None. November 5, 1973 The Honorable Mayor and Members of the City Councii In accordance with the provisions of Chapter 366 of the IBM Code of Iowa, the Civil Service Com- mission conducted Bus Driver exa- minations on October 9, 19M. The following named applicants have passed the written examina- tions and are hereby certified for appointment. KimNe, Jonathan M. Herbst, Gary Alan ......... _...... .....6096 Nauman, Russell D. ... _.......... ..Ap% Haberkorn, James J. ... _.......... jft Stewart, Terryl E . .....................Aft Schmitt, John C. .......... _......... _Aft Carpenter, Richard L . .............mft Cox, David L................................BUK Pape, Donald J . ............... _._....... 9g6 Darling, Donald A . ...................2ft Gerard B. Noonan Chairman Louis F. Fautsch Marvin A. VanSicicle Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 6th day of November, 1973. John Fang,man Notary Public Mayor Bitter moved that the communication be received and filed and made a matter od re- cord. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter ,Councilmen Justmann, Moldenhauer, Preigaer, Thorns. Nays—None. November 15, 19M Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Trea- s u r e r, Water Superintendent, Health .Department, as well as a List of claims paid, dor the month of October 1973. Gilbert D. Chavenelle City Manager Mayor Bitter moved that the re- ports be received and filed. Se- conded by Councilman Pregler. Carried by the following yote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. November 16, 1973 To the Honorable Mayor and Members of the City Council 1 have approved the following ,bond and policies and desire your approval of same. 186 Special Session, November 19, 1973 SIDEWALK CONSTRUCTION BOND James M. Hennessy, Merchants Mutual Bonding Co., November 1, 1973. GENERAL LIABILITY POLICIES Harold Moldt Inc., d -b -a Moldt Electric Service & Lighting, Maintenance. AMP Policy No. 039-266 American States Insurance Workmen Comp. Policy No. WC 9M-889 Comprehensive Catastrophe Liabi- '..ty Pot. No. DCL %-99-72 Gilbert D. Chavenelle City Manager Mayor Bitter moved that the bond and policies be approved sub- ject to approval of the City At- torney. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho ms. Nays—None. November 16, 1973 the Manager and staff. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho ms. Nays None. November 16, 1WM Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the petition of .Mr. Fran- cis P. Raymond requesting vaca- tion of a "crosswalk" abutting his property which is described as Lot 1 of Sub of Lot 7 and Lot 2 of Lot 8 in Dubuque Homes Subdi- vision No. 2 and located at 127 Cherokee Drive in the City of Du- buque, Iowa. His request is for the vacation of property 10 feet wide and approximately 325 feet in depth which also abutts pro- perty described as Lot 2 of Sub of Lot 5 and Lot 1 of Lot 6 of Dubuque Homes Subdivision No. 2, located at 123 Cherokee Drive and owned by Mr. Donald J. Gal- liart who has given written con- currence to Mr. Raymond's pe- tition. The Commission has determined that the above described property serves no present or forseeable need as a "crosswalk" and has no objections to its vacation. CITY PLANNING AND ZONING OOM.MISSION Daniel Dittemore Development Planner Councilman Pregler moved that the communication be referred Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the petition of Mr. John 'Lurcher requesting vacation of a platted alley abutting his property at 2W Marquette Place in the City of Dubuque, Iowa. The Commission has determined that this alley serves no present or forseeable purpose as a public thoroughfare, and has recommend- ed that the alley be vacated sub- ject to appropriate agreement with adjacent property owners CITY PLANNING AND ZONING 4DOMMLSSION Daniel Dittemore Development Planner Councilman Pregler moved that the communication be referred to the Manager and staff. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. Communication of Assistant City Manager concurring with the idea of reducing the time of parking meters on both sides of 13th street between Central Ave. & Iowa Street from two hours to one hour and increasing the rate to 10c per hour, and also recommending that the sixteen ten hour meters in the parking lot on the south side of •City Hall not be reduced to one hour meters, presented and read. Councilman Thorns moved that the City Manager prepare proper Ordinance. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays None. Communication of Walsh Stores being of the opinion that no me- ters adjacent to busy shopping areas should be. longer than one hour, more specifically the meters to located on Iowa Street between Special Session, November 19, 1973 fig; 11th and 1.1th and on 13th between Central and White and meters on Central Avenue, presented and read. Councilman Thoms moved that the communication be receiv- ed and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenha•uer, Pregler, Thorns. Nays—None. October 31, 1973 Honorable Mayor and City Council On October 11, 1:973, Don J. Man- ders of 497 College Street filed claim against the City of Dubuque in the amount of $30.00 and alleg. ing said damages occurred on Oc- tober 10, 1973, as the result of his striking the jagged edges of a broken standard of a street sign as the claimant was entering a service station on the northwest corner of 14th and Central Avenue. This matter was referred to the City Attorney who has investigated same and has conferred with the Street Department of the City of Dubuque and with the claimant. Said claimant has made an offer of settlement of said claim in the amount of $15.00 and in view of the foregoing, it is the recom- mendation that said offer of settle- ment be accepted, and that the City Auditor be instructed to draw warrant payable to Don J, Man- ders in the amount of $15.00 and transmit same to the City Attor- ney for delivery upon receipt of duly executed releases. Original claim is returned here- with. R. N. Russo City Attorney Councilman Justmann moved ap- proval of the recommendation. Se- conded by Councilman Moldenhau- er. Carried by the fallowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. November 1, 1973 Honorable Mayor and City Council On October 12, 1973, Charles P. Cox of 370 St. Anne Drive, filed claim against the City of Dubuque in the amount of $145.01 and al- leging said damages occurred on September 16, 19M as the result of a sewer backup in the base• ment of his home. This matter was referred to the appropriate City Agency who has made an investigation thereof and reported by letter to this office of no liability on the part of the City and in view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here. with. R. N. Russo City Attorney Councilman Justmann moved ap- proval of the recommendation. Se- conded by Councilman Moldenhau- er. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns, Nays—None. November 8, 1973 Honorable Mayor and City Council On August 21, 1973, ,Richard V. Hansel, et al, as plaintiffs, com- menced an action against the City of Dubuque, Iowa and Donald Ban- dy, Building Commissioner, in the District Court of Dubuque County, Iowa bearing Equity No. 82290 and said action being a petition for Mandamus to compel the issusance of a building permit to the plain- tiffs. The building permit sought for the location of a restaurant fa- cility on Lot A of Block 22 of Key Knolls Subdivision in the City of Dubuque, Iowa. The building .permit requested was denied by the Building Com- missioner at the direction and re- quest of the City Engineer's of- fice until some contending matters between the parties were resolved, princip y relating to a .matter of twelfe foot right-of-way acqui- sition. The matter was referred to the City Attorney who prepared the necessary defenses thereto and in the course of the negotiations be- tween the .parties it appears that the differences between the City Engineer's office and the plain- tiffs have been resolved to the satisfaction of the City Engineer's office, and accordingly, the plain- tiffs dismissed their action at plain- tiffs' costs on September 20, 1973. 588 Special Session, November 19, 1973 In view of the foregoing, and nothing further being required of the City Attorney's office, this mat- ter is considered concluded and I am returning herewith a COPY of original Notice with Petition attached. R. N. Russo City Attorney Councilman Justmann moved that the communication be receiv- ed and filed. Seconded by Coun- cilman Thoms. Carried by the fal- lowing vote: Yeas—Mayor Bitter, Councilmen JusUmann, Moldenhauer, Pregler, Thoms. Nays None. Notice of claim of Bernard J. Shireman, in the amount of $238.13, for car damage incurred while in the process of unaoading refuse at the City landfill on September 15, 1943, presented and read. Mayor Bitter moved that the notice of claim be referred to the City Soli- citor for investigation and report. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas -Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Notice of claim of Gene P. Zum- hod, in the amount of $36.46, for car damage incurred as the re- sult of striking a water hydrant, across from 14as Delhi Street, on October 25, 1973, presented and read. Mayor Bitter moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moldenhauer. Carried by the 101 - lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, ,wPregler, Thoms. Nays—None. Notice of Suit of J anet K. Me telak, in the amount of $30, for personas injuries received i a fall on a defective sidewalk a 2530 Glenview Circle on June 3 197, presented and read. Mayo Bitter moved that the notice suit be referred to the City Soli citor for proper action. Second by Councilman Moldenhauer. Car ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. An Ordinance Fixing and estab- lishing monthly permit fees to be paid by every person firm or cor- poration operating a milk plant and bringing into or sending into or receiving in the City of Du- buque, Iowa, milk or milk pro- ducts and repealing Ordinance No. 52-72, presented and read. C.oun- cilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Se- conded .by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays None. Councilman Pregler moved that the rule requiring an Ordinance to be read oar three separate days he waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved than the proposed Ordinance be set aside for further consideration un- til the Council meeting of Novem- ber 26th. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. An Ordinance amending Ordi- nance No. 334D, known as the Traf- fic Code of the City of Dubuque, Iowa by repealing subsection 23 of Schedule IV thereof thereby re- moving the two hour time zone on University Avenue from Irving street to Asbury Street, presented and read. Councilman P r e g l e r moved that the reading just had be considered the first reading of 000 the Ordinance. Seconded by Mayor n Bitter. Carried by the following t vote: Yeas—Mayor Bitter, Councilmen Mayor Jumaain, Moldenhauer, Pregler, Thoms. Nays --lone. ed Councilman Pregler moved that the rule requiring an Ordiance to be read on three separate days Special Session, November 19, 1973 5B9 he. waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldea Bauer, ,Pregier, Thotns. Nays --None. Councilman Pregler moved that the pr(4x)sed Ordinance be set aside for further consideration un- til the 0ouncii meeting of Novem- ber 291h. Seconded by Mayor Bit- ter. Carried by the fallowing vote: Yeas --Mayor Bitter, Counoilmen Justmann, Moldenhauer, Pregler, Thoms. Naye- ,None. An Ordinance amending Ordi- nanc* No. 33.49, known as the Traf- fic Cade of the City of Dubuque, Iowa, by ,r"ating sub.wtion 29 of Schedule Vl and enacting a n4ow subsection 29 of Schedule VI, in lieu thereof to prohibit parking on the south side of University Mmenue from Crilbarn street to a poiTA aff east of the west line of Auburn street and on the north side of University Avenue from Lor" B4vd. to Pennsylvania Ave- nue, presented and read. Couneilman Pregler moved that the reading juist had be considered the first reading of the Ordinance. Seconded by Mayor Bitter. Car- ded by the folkrwing vote: Yeas—Mayor Bitter, Councilmen Justmann, Xoidenbauer, Pregler, Thoms. Nays--,None. Councilman 'Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Batter, Council nen Justmann, Moldenhauer, Pregler, Thonxs. Nays— None. Councilman Pregler moved that the proposed Ordinance be s e t aside for further consideration un- til the Ccxtncil meeting of Novem- ber 2Gdlr. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Sitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. An Ordinance Fixing and estab- lishing fees for the issuance of permit► for the operation of blood Service Fistablithments in the (,ity of Umbuque, Iowa; and repealing Ordinance No. 14-72, presented and read. C.ounrilman Pre0er moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Bit- ter. Carried by the following vote: Yeft--Mayor Bitter, Councilmen Justmann, Mo]denhauer. Pregler, Thoms. Nays --None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Bitter. Carried by the follor ing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregier, Thoms. Nays—None. Oouncilman ,Pregaer moved that the Proposed Ordinance be s e t aside for further consideration un- til the Council meeting of Novem- ber 28th. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Fondell & Sons re- questing permission to excavate in Pennsylvania Avenue at 3700 to make water connections, pre- sented and read. Mayor Bitter moved approval of the pe.ta.tion. Seconded by Cbuncdlman Molden- hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 'grams. Nays --None. Petition of Iowa Northwestern Development Corporation request- ing permission to install street lights in Arbor Oaks Subdivision, presented and read. .Councilman Pregler moved approval of the pe- tition subject to approval of the of the petition subject to the ap- proval of the City Manager. Sec- onded by Mayor Bitter. (Jarrie d by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 7Umns. Nays --None. Petition of Robert L. Srtrohmeyer et al requesting "No Parking" on one side oS Kaufmann Avenue be- tween Carter Road and Fnergreen 590 Special Session, November 19, 1973 street, presented and read. Mayor Bitter moved that the petition be referred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Coun- cilman Moldenhauer. Carried by the following vote: Yeas --,Mayor Bitter, Councilmen Ju.st.mann, Moadenhauer, Pregler, Tho•ms. Nays—None. petition of John Ames et al re- questing repair of the alley be- tween Rhomberg & Lincoln Ave. in Cie sixteen hundred block, Pre- sented and read. Mayor Bitter moved that the ,petition be referred to the City Manager and staff. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. Petition of Key City Investment Co. requesting annexation of Waechter Place in Center Grove in Dubuque Twp., presented and read. Mayor .Bitter moved that the potition be referred to the Plan- ning and Zoning Commission. Se- conded by Councilman Pregler. Carried by the following vote: Yeas—,Mayor Bitter, Councilmen Justm-ann, 'Moldenhauer, Pregler, Thoms. Nays—None. Petition of Conrad -Herr Plumb- ing and Heating Inc. requesting permission to excavate on J.F.K. Road between Pennsylvania and Wacker Drive :presented and read. Mayor Bitter moved that the pe- tition be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays None. Petition of Thompson's F o o d Markets Inc. requesting a refund of $50. on. the unexpired portion of eiigarette license No. 163, as they have discontinued business on November 3, 1973, presented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor :Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns.Nays—None. Petition of Thompson's F o o d Markets Inc. requesting a refund of $loo. on the unexpired portion of Class B Beer Permit No. C- 1744, as they have discontinued business on November 3, 1973, pre- sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho+ms. Nays—None. petition of Robert P. Kelly re- questing a refund of $W. on the unexpired ,portion of cigarette U - cense No. 216 as he has discon- tinued business on November 3, 1973, presented and read. Mayor Bitter moved that the refund be granted and the Auditor issue pro- per warrant. Seconded by Coun- cilman Moldenhauer. Carried by the following Vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays None. oo3 prof Publication, certified to by the Publisher, of notice of hear- ing to consider authorizing pro- posed agreements for purchase of Urban Renewal property at 485 Central to R & S Enterprises Inc. presented and read. No written objections were filed and 110 oral objectors were pre- sent at the time set for the public hearing. Councilman Pregler moved that the proud of publication be receiv- ed and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thom s. Nays—None. RESOLUTION No. 362.73 Authorizing the Execution of a Con- tract for Sale of Land for private Redevelopment with R & S Enter- prises, Inc. WHEREAS, Pursuant to Resolu- I tion No. 33173 dated October 8, Special Session, November 19, 1973 1973 and a Notice of Public Hear- Passed, approved and adopted ing published in The Telegraph this 19th day of November, 1973. Herald, a newspaper of general Joseph J. Bitter circulation in the City of Dubuque, Mayor Iowa, on October 16, 1973 and Oc- tober 23, 1973, City Council met Walter A. Pregler Allan T. Thorns on the 19th day of November, 1973 Wayne A. Moldenhauer at 7:30 o'clock P.M. Central Stan- C. Robert Justmann dard Time, in the City Council Councilmen Chambers, City }tall, Dubuque, Io- Attest: wa, to consider the proposal to Leo F. Frommelt dispose of the interest of the City City Clerk of Dubuque to Lot 3 of Block 6, Councilman Pregler moved adop- except the North 15 feet thereof tion of the resolution. Seconded and except the South 06 feet there- by Councilman Thorns. Carried by of; and Lot 1 of Block 6 in Du- the following vote: buque Downtown Plaza, also known Yeas—Mayor Bitter, Councilmen as Disposition Parcel 1.1A of the Justmann, Moldenhauer, Pregler, I>owntown Urban Renewal Project, Thorns. Iowa R-15, to R & S Enterprises, Nays—None. Inc.; and November 12, 1973 WHEREAS, pursuant to said re- To the Honorable Mayor solution a copy of the Redevelop- and City Council er's Statement for Public Disclo- This is to advise you that the sure and a copy of the proposed City of Dubuque 19M Concrete form of Contract for Sale of Land Paving with In•teagral Curb Pro- for Private Redevelopment w a s lect No. 1, Grandview Avenue from paced on file in the office of the the S.P.L. of Whelan Street to City Clerk for public inspection; the S.P.L. of Delhi Street, has and been completed in accordance with the City of Dubuque .plans and WHEREAS, the City Council of specifications. Dubuque, Iowa, overruled any and 1, therefore, recommend the ac- a-11 objections, orad and written, ceptance of the above named pro- to the proposal to dispose of said jeM• interest of the GSty of Dubuque Gilbert D. ChaveneRe in the above described real estate City Manager to R & S Enterprises, Inc.; now Councilman Pregler moved that therefore the communication be received and filed. Seconded by Mayor Bitter. BE IT RESOLVED BY THE Carried by the following vote: CITY COUN ML OF THE C rY Yeas--Mayor Bitter, Councilmen OF DUBUQUE, IOWA: Justmann, Moldenhauer, Pregler, Section 1. That the Mayor and Thorns. City Clerk be and they are here- Nays—None. by authorized to enter into a Con- FINAL ESTIMATE tract for Sale of Land for Private RESOLUTION N0. 363-73 Redevelopment in accordance with WHEREAS the contract for the the terms of the Disposition Docu• City of Dubuque 19M Concrete ments governing such sale with Paving with Integral Curb Project R & S Enterprises, Inc. for the No. 1 Grandview Avenue from the real estate known as Lot 3 of S.P.L. of Whelan Street to the Block 6, except the North 15 feet S.P.L. of Delhi Street has been thereof and except the South 65 completed and the City Engineer feet thereof; and I,ot 1 of Block has submitted his final estimate 6 in Dubuque DownWwn Plaza in showing the cost thereof including the City of Dubuque, Iowa, con- the cost of estimates, notices, in- tairung 7,969.939 square feet, sub- spection, and preparing the asses- ject to survey. ment and plat, now therefore, Section 2. That said parcel of cb E ITox 'LVED,obyD e City real estate shall be sold for $2.50 That the cost of said improve- per square foot for a total price final sur- ment is hereby determined to be of $19,934,82 subject to vey of the land to be conveyed. $337,.135.95. 592 Special Session, November 19, 1973 That $85,467.62 of the cost there- the contractor from the funds to of shall Me assessable upon pri- I be realized from the sale off Street and $2M.661.31 shall Improvement bonds issued upon vate property be paid from the Road Use Tax the above described improvement Fund of the City of Dubuque. in amount equal to the amount Passed, adopted and approved of his contract, less any retained this 19th day of November 1973. percentage provided for therein. Joseph J. Bitter Passed, adopted and approved Mayor. this 19th day of Navem,ber, 1.873. Walter A. Pregler Joseph J. Bitter Allan T. Thoms Mayor Wayne A. Moidenhauer Walter A. Pregler C. Robert Justmann Allan T. Thoms Councilmen Wayne A. Moldenhauer Attest: C. Robert Justmann Leo F. Frommelt Councilmen City Cleric Attest: CDuncilman Pregler moved adop- Leo F. Frommelt tion of the resolution. Seconded City Clerk by Mayor Bitter. Carried by the Couneitman Pregler moved adnp- idiawing vote: tion of the resolution. Seconded Yeas—Mayor Bitter, Councilmen by Councilman Pregler. Carried Justmann, Moldenhauer, Pregler, by the following vote: 'I9ioms. Yeas --Mayor Bitter, Councilmen Nays—None. Justmann, Moldenhauer, Pregler. (A Resolution Accepting Thorns. Nays—None. Improvement and Directing the November 16, 1983 Clerk to Publish Notice.) RESOLUTION NO. 364.73 honorable Manor WhEREAjS, the contract for the and Councilmen The City of Dubuque Planning City of Dubuque 1973 Concrete Paving with Integral Curb Pro. i and Zoning Commission has re- ject No. 1 Grandview Avenue from viewed the final lxbat of West hill the S.P.L. of Whelan Street to Subdivision in the City of Dubu- the S.P.L. of Delhi Street has been que, Iowa. The Commission has completed and the City Manager found that the plat conforms to the approved preliminary plat for has examined the work and filed his certificate stating that the same this area. It is the recommendation of the has been completed according to the terms of the contract, plans 'Commission that the plat be ap- and specifications and recommends gprorved subject tK) the conditions its acceptance, now therefore, I set forth by the City Ergineer BE IT RESOLVED, by the City in his attached letter of Novem- Council of the City of Dubuque, t ber 13, 1873. { CITY PLAN'N91N1G AND that the recommendation of the City M,anaiger be approved and I ZONING COMMI69ION that said improvement be and the Daniel Dittemore same is hereby accepted and the Development. Planner City Engineer he and is hereby Councilman Pregler moved that direMed to prepare a plat and j the recommendation be received schedule shonvin,g the 'lots or par- and filed. Seconded by Councilman cels of real estate subject W as- Justmann. Carried by the following sessment for said improvement file the same in the office vote: Yeas—Mayor Bitter, Councilmen and of the City Cleric &ub*t tx> pub. Justmann, Moldenhauer, Pregier, he inspection and said Clerk sha11 Thoms. upon rocei,pt of such plat and sche- Nays --None, dule publish the notice of the (bun- RESOLUTION NO. 365.73 cil's intention to levy special as. Resolution Approving the Plat of sexsments therefor, as required by Lots 1.9 Inclusive and Lot 5A of Law. West Hill Subdivision, all in On BE IT FURTHER RECvOLVED, City of Dubuque, Iowa: that tate City Treasurer the and Whereas, there has been filed he is hereby directed to pay to with the City Cleric a plat in which: Special Session, November 19, 1973 593 Lot 1-1-2-5 oi Mineral Lot 45 Iot 2A-25 of Mineral Lot 45, and the East % of Lot E of Mineral Tat 46 lexceipt the Northerly 116 fart thereat), in the City of Du- buque, Iowa, is platted as Lots 1-9 inclusive and Lot 5A of West Hill, Subdivision in the City of Dubuque, Iowa, by L. J. Si,hillz as (Avner dwe- of; and Whereas said plat has been on- -mined by the City Planning and Zoning Commission and approved by said body; and Whereas upon said plat appears a street to be known as Loretto Court and aieso easements for pub- lic utilities which the Owner upon said plat has dedicated to the pub- lic forever; and Whereas said plat has been bound by the City Cour" to conform to the Statutes and Ordinances re- lating thereto except that the streets have not been reduced to grade or panning, sewer, water or sidewalks installed therein; NOW TITEREPOR.E, BE IT BE - SOLVED BY THE CITY OOUNC U, OF TIKE OITY CkF DUBUQUE, XMA.: Section 1, That the dedication of Loretto Court, together with the easements for public utilities all as the same appears upon said trlah; be and the same arP hereby acceptc{d and that said streets be and are hereby estbaimhed as pub- lic streets in the Oty of Dubuque; SeNion 2. last the plat of Lot IA -2-6 of Mineral Lot 45, lot M -M of Mineral Lot 46 and East 4's of Lot 6 of Mineral Lot 45 (except the Northerly 116 feet thereat) in the (pity of Dubuque, Iowa, and which will hereafter be krxrwn as lints 1.9 irwhwive and Lot SIA of West Bill Subdivision in the City of Dubuque, Iowa, is hereby ap- proved and the Mayor acrd City Clerk are hereby authordzed and directed to endorse the approval of the City of Dubuque upon said i"t providing the Owner of said property, hereinbefore named, exe- cutes written acceptance hereto at- tached, agreving: a. 3b reduce Loretto Court to grade as shown by the profiles submitted with the plat. b. Mo surface I.orrOto Court for a width of 27 feet with 8" Rolled Stone Base, 2`4"A ►haltic Con- crete Surface, and Standard Con- crete Curb and Gutter. ,All of the foregoing shall be constructed ae. cording to the latest City of Du. buque specification's. C. To install sidewallas on hoe sides of Loretto Court in accor- dance with the City of Dubuque Standard Specifications for Perma- nent Sidewalks. d. To install water mains in ac. cordance with the plans subrWtited with this plat. e. To install sanitary sggpens and storm sewers in a000rdance with plans submitted with this plat. f. To infytau the sanitary sewer and water house laterais for each lot to be behind the property line. g. To construct the foregoing itn- pnovemeaU in accordance with plans and &pecifit'at4ous approved by the City Manager and under the im ection of the City Engineer. h. To maintain au strost im- provements and sewer and water mains for a period of four (4) years from data of its acceptance, i. To construct said improve- ments prior to November 30, IM4. j. To provide the $oragoing aon- struetion and maintenance as the expense of the Owner. and further provide that L. J. Schiltz as Owner of said S" - vision secure the performance of the foregoing conditions by pro- viding security in such sums and with such Sureties as may be at- ceptable to the City Manager. Section 3. That in the went L. J. Sch.iltz shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty-five (45) days from the dolt of this Resolution the provisions shall be null and void and the acceptance of the dedica- tion and approval cif the plat shall not be effective. passed, adopted and approved by recorded roll call tlii:s 19th day of November, IWO, Joseph J. Bitter Mayor Walter A. Pregler Allan T, Thoms Wayne A. Molden4rauer C. Robert Just.mann Councilmen Attest: Leo F. I'rommelt city Cie* 594 Special Session, November 19, 1973 ACCEPTANCE OF RESOLUTION NO. 365.73 L. J. Schiltz having read the terms and conditions of the fore- going Resolution No. 365-M and being familiar with the contents thereof, hereby accepts the same and agrees to perform the condi- tions therein required. S L. J. Schiltz .DATED November 19, 1973• Tb: I" F. Frommelt City Clerk This is to certify t3'at the se- curity provided by the foregoing RESOLUTION No. 36543 has been furnished by the owners. Dated at Dubuque, Iowa, this .................................... day of ................ 1973. Gilbert D. Chavenelle City Manager Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman elect James Brady addressed the Council as being in objection to the proposed resolu- tion to improve the City Hall and suggested that there should be time to study the proposition. Council- man erect Al Lundh urged delay until you find out what the build- ing is to be used for. Councilman Pregler moved that the resolution be tabled for two weeks. Motion died for lack of a second. OF THE CrrY OF DUBUQUE, IOWA: Section 1. That the City Council deems it advisable and necessary for the public welfare to improve City Hall in compliance with State and local building codes. Section 2. Thatsaid improve- ment of City Hall shall be done in accordance with the plans and specifications prepared by the City Engineer, which are to be ap- proved by the City Council, and that the cost of making said im- provement shall be paid out of Revenue Sharing Funds. Passed, adopted and approved this 19th day of November 1973. ,Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Wayne A. Moldenhauer Councilmen NECESSITY FOR IMPROVEMENT RESOLUTION NO. 366.73 WHEREAS, the People said "NO" on the issuance of bonds in the amount of $5610,000 for full renovation of City Hall, and WHEREAS, we are being called upon to consider alternate uses for City Hall, as well as alter- nates for housing City Govern- ment, and WHEREAS, City Hall does not comply with the State or local building codes, and WHEREAS, Construction costs are constantly on the rise. NOW THEREFORE BE IT RE- SOLVED BY THE CITY 00UNGIL Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays—Councilman Thoms. RESOLUTION NO. 367.73 BE IT RESOLVED by the City Corancil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ci- garettes within the City of Du- buque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Lawrie E. Smith, dba 22nd Street Tap, 521 East 22nd Street Donald E. Sills, dba Ponderosa Steak House, 2035 John F. Ken- nedy Road BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 19th day of November 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Special Session, November 19, 1973 59.; Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays --Councilman Justmann. RESOLUTION NO. 368.73 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 grant- ed and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Helen M. Hartig, dba Hartig Drug Company, 700 Main, Town Clock Plaza Helen M. Hartig, dba Hartig Drug Company, 97 Locust Street Helen M. Hartig, dba Hartig Drug Company, 2255 John F. Kennedy Road Helen M. Ilartig, dba Hartig Drug Company, 2225 Central Avenue Passed, adopted and approved this 19th day of November 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommedt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thom s. Nays --None. RESOLUTION NO. 369.73 WHEREAS, applications for Beer permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be. authorized to cause to be issued to the following named applicants a Beer permit. CLASS "C" BEER PERMIT Helen M. Hartig, dba Hartig Drug Company, 700 Main, Town Clock Plaza Helen M. Hartig, dba Hartig Drug Company, 97 Locust Street Helen M, Hartig, dba Hartig Drug Company, 2255 John F. Kennedy Road Helen M. Hartig, dba Ilartig Drug Company, 2225 Central Avenue Paesed, adopted and approved this 19th day of November 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 370.73 WHEREAS, applications for Li. quor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE I'1 RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap. proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of The First Regular Session, 64th General As- sa mbly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lowrie E. Smith, dba 22nd Street Tap, 521 E. 22nd Street Raphael W. Grant, dba Lux Club, 3050 Asbury Road Passed, adopted and approved this 19th day of November 1988. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen 500 Special Session November 19, 1973 Attest: Leo F. FroMmelt city Clerk Councilman Thomas moved adop- oti. Seconded tion Mayor Bitter. Ca Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, profiler, 7boms. Nayhe. RESOLUTION NO. 371.73 WHRRaM, applications for Li- quor IAcensw were filed by the t+ i*in nemed applicants and they ba,ve received the appnyval Of U96 Council, and WHEREAS, the PrWnises to be occupied by such applicants were inspected and found to comply with the Satiate Law and all City Or- dinances rel*van4 tbereto and they have filed proper bonds, NOW THEREFORE BE IT RF - SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorimd tq cause to be is- ®ued to the folbcmng named appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Irdwrie E. Smith, dba 23nd Streat Tap, 5M E. 22nd Street Raphael W. Grant, dba Lux Cilub, 3050 Asbury Road pasced, adopted and approved this 1" day of November 1973. Joseph J. Bitter Mayor Walter A. PM91er Ailatl T, Thoms ,Wayne A. Moldenhauea C. Aobert Justmann Councilmen Attbst Leo IV. p1roommeh aty Clerk CouritUrnan noms moved adop- tion ad the resolution. Seconded by Mayor Bitter. Carried by the following vme: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 'l%oitns. Nays–,None. RNSOLUT40N NO. 374.73 WHEREM, the pity ,Council od the City of Dubuque, Iowa at its meeting of the 2nd day of October, 7973, held its first reading of or- dinat►e+ to repeal the provision's of the Zoning ordirrance permitt- ing the location of rebtaurant, cafe and cafeteria in I.oesi Business "A" BusineeA District Classifica- tion; And WHEREAS, the City C uracil of the pity of Dubuque. Iowa has determined that such ordinance re - ,pealing the Zoning Ordinance in question is no longer indicated. Now THg$EFORE BE 1T RE- 40LVED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE, IOWA: Section 1. nwt the first reading of ordinance held by the City Coun- cil of the City od Dubuque, Iowa on certain ordinance providing for the repeal of Zoning Ordinance of City of Dubuque, Iowa which permits the location of cafe, cafe- teria and restaurant. in Local Bu- siness "A" Business District Ctas- sification should be se# aside and held for naught and copy of this Resolution should be transmitted forthwith to the PIanMng and Zon, ing Commission ad the City of Du- 1buque, Iowa. Passed, approved and adopted this 19th day of November, 1W3. Joseph J. Bitter Mayor Walter A. Pregles Allan T. Thoms Wayne A. Moldenbauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman JustmannS moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilman Justmann, Moldenhauer, pregler, Thoms. Nays --,None. An Ordinance amending Ordi- nance No. 3-34 known as the "Zow ing Map and Zoning Ordinance of the City od Dubuque, Iowa" by Amonding Article X thereof by re- pealing the definition of a Dcive4n Restaurant and enacting a new definition of Drive4n Restaurant, presented and read. Mayor Bitter moved that the Or- dinance should be amended as fol- loNm : On second line after shall mean; shall insert the words a re6taurant or other eating; on the sixth line after words adjacent thereto or DELETE a business and insert in lieu thereof a rea- Special Session, November 19, 1973 5A7 taurant or other eating establish- ment. Seconded by Councilman Moldenhauer. Carried by the fol. lowing vote; Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tho,ms. Nays None. Councilman Moldenh,auer moved that the Ordinance as amended be referred to the Planning & Zoning Commission. Seconded by Councilman Pregier. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thome. Nays,—.None. .Councilman Justmann moved that the rules be suspended in order to let anyone ,present ad- dress the Council if they so de- sire. Seconded by Councilman Mol- denhauer. Ca6wied by the follow - inn vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tboms. Nays—None. Attorney Wm. Fuerste addrew- ed the Council relative to receiv- ing; a building permit to construct an A & W Restaurant on the cor- ner of Asbury and J.F.K. Road, Mr. Fuer:4te agreed that his client is subject to the Ordinance as pro- posed. All they wish to do is ope- rate a restaurant as allowed un- der the present restaurant elassi- tieation. Some mention was made of Ordinance No. 3-70 whieb pro- hibits the issuance of a building permit to the owner of real estate for which action has been initiated for the purpose of securing a zon- ing reclassification. Attorney Fuer- ste stated that they are not asking for a reclassification, and therefor the Ordinance is not applicable in this particular case. Mr. Am- brose Berke:s and Elden Weiden- bacher, neighbors in the area, and who formerly objected to the erec- tion of a Drive4n restaurant ad- dressed the Council by withdraw- ing their objections ,previou-sly made, Karen they were assured that a sit-down restaurant would be constructed on the corner of J.F.K. & Kermedy. Oouncilman PregOer moved that the idea of the proposed bund re- ferendum for the construction of indoor skating and athletic facili- ties, and also the propo ed scalp Lure piece to be placed in the Downtown ,Plaza area be referred to the Planning & Zoning Oom- 'mission for renew. Seconded by Councilman Thome. Carried by the, followings vote: Yeas --,Mayor Bitter, Councilmen Justmann, Moldenhauer, Preg-ler, Thoms. Nays—None. Communication of Councilman Justmann advising his colleagues on the Council that he has conn- municated with Mr. Wm. Brab- ham, Assistant to the Director of the Iowa Conservartion Commis. sion with respect to utilization of Area "C" as a State Pas*, was presented and read. Councilman Justmann mrnled that the com- munication be received and filed. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --Mone. There being no further business Councilmen Pregler moved to ad- journ. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Cowicilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None, Leo F. Frommelt City Clerk Approved January 21. 1974. Januar21 Adopted January 21. 1974. Clerk 598 Special Session, November 26, 1973 CITY COUNCIL OFFICIAL Special Session, November 26, 1973. Council met at 7:00 P.M. (CT -T.) Present — Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil- bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering adoption of a Resolution fixing data of hearing in Proposed Pollution Revenue Bonds, Inter- state Power Co., Proiect Series 1973, and acting upon such other business as may properly come before a regular meeting of the Council. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Chester Solomon, George Deinin- ger and Doris Riekena, members of the Dubuque Transit Authority addressed the Council relative to the bus operation and more par- ticularly to their budget deficit. Key Line, which incidentally seems to be the new name of the transit system, anticipates a deficit of $390,000 for next year. The Transit Board seems to be in agreement that they will be 4165,040 short above the amount of $225,000 al- ready appropriated to run the sys- tem. Mr. Solomon seemed to be of the opinion that deficits can be gradually reduced in the years ahead but stated that the board needs more money now to keep the system operating. Councilman Thoms moved that the matter be referred back to the City Manager to search out funding areas in the present bud- get. Seconded by Councilman Mol- denhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Planning d:. Zoning Commission submitting mi- nutes of their meeting of November 14, 1973, presented and read. Coun- cilman Moldenhauer moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. Proof of Publication, certified to by the Publisher, of Receipts, Dis- bursements and list of claims for October 1973, presented and read. Councilman Moldenhauer moved that the proof of publication be received and filed. Seconded by Mayor Bitter. Carried by the fol- lowing vote; Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Preigles, Thoms. Nays—None. November 23, 1973 Ilonorable Mayor and City Council A request has been received from Iowa Northwestern Develop- ment Corporation to install five street lights in Arbor Oaks Sub division. The area has been investigated and it is recommended that five 175 watt mercury vapor type fix- tures on metal standards be in- stalled at the following locations: 1. On property line between 3545 and 3155 Spring Valley Road 2. On property line between 3(142 and 3546 Arbor Oaks Drive 3. On property line between 3125 and 3107 Arbor Oaks Drive 4. On property line between 31112 and 3156 Arbor Oaks Drive 5. On property line between 3089 and 3101 Arbor Oaks Drive Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Pregler moved ap proval of the recommendation. Se- conded by Mayor Bitter. Carried by the foblowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, ,chums. Nays–None. Special Session, November 26, 1973 599 November 23, 1943 Honorable Mayor and City Council In order to plan for the City of Dubuque's 19M financial audit, I request that the local certified public accounting firm of O'Con- nor, Brooks and Company be em- ployed to audit the transactions of the Water, Parking Facilities and Sewage Rental Funds; and that all other funds and transac. tions be audited by the Auditor of the State of Iowa. A resolution to that effect will be submitted to you after January 1, 1974. G. D. Chaveneile City Manager Councilman Pregder moved ap- proval of the recommendation. Se- conded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. November 23, 1973 To the Honorable Mayor and City Council I return to you the petition of Bernard Ruess and others request- ing a traffic signal at the inter- section of Loras Boulevard and Alta Vista Street, and a copy of a letter from the city engineer in which he describes the situation. I recommend that the petition be denied; namely, because the approach to the intersection on Loras is so difficult that a signal installation is not practical. Gilbert D. Chavenelle City Manager Councilman 'Moms moved appro- val of the recommendation. Se- conded -by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, T'homs. Nays—None. Notice of claim of Margaret J. Sawvell, in the amount of $56.00, for personal injuries received in a fall at the foot of 18th & Central Ave. steps on October 15, 19f73, presented and read. Counciiman Pregler moved that the notice of claim be referred to the City At- torney for investigation and report. Seconded by Councilman J u s t - mann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, 'Moms. Nays—None. Notice of claim of Robert S, Ruegnit7, in the amount of $46.00, for car damage incurred as the result of driving into a hole in the street in the 3000 block of Kaufmann Ave, on 11,20-73, p1e- sented and read. Councilman Preg- ler moved that the notice of claim he referred to the City Attorney for investigation and report. Se- conded by Councilman Justmann. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Notice of claim of Chicago and Northwestern Transportation Co., in the amount of $5,561.76, involv- ing Donald E. Robinson, as a fol- low up claim filed in September, as the result of an accident which occurred on July 16, 1973, at the railroad intersection from Kerper Blvd., to Thruput Terminal, pre- sented and read. Councilman Preg- ler moved that the notice of claim be referred to the City Attorney for investigation and report. Se- conded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. ORDINANCE NO. 52.73 An Ordinance Fixing and Estab- lashing Monthly Permit Foes to be Paid by Every Person, Firm or Corporation Operating a Milk Plant and Bringing into or Sending into or Receiving in the City of Dubuque, Iowa, Milk or Milk Pro- ducts: and Repealing Ordinance No. 52.72, said Ordinance having been previously presented and read at the Council meeting of Novem- ber 19, 1973, presented for Final Adoption. ORDINANCE NO. 52.73 AN ORDINANCE FIXING AND ESTA'B'LISHING MONTHLY PER- MIT FEES TO BE PAID BY EV- E,Ry PERSON, FIRM 0•R COR- PORATION OPERATING A MILK PLANT AND BRINGING UM OR SENDING INTO OR RECEIVING IN THE CITY OF DUBUQUE, IOWA, MILK OR M -ILK PROD- UCTS; AND R,WFA,LING OR:DU NANCE NO. 5242. Special Special Session. November 26, 1973 NOW THEREFORE BE IT OR- DAINED BY THE CITY C(UUN- CIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Every person, firm or corporation that operates a milk ' plant and brings into, sends into, or receives in the City of Du- buque, Iowa, milk or milk pro- ducts, as herein defined, shall pay a monthly permit fee of two (2.0c) cents for each one hundred (100) pounds of such milk or milk pro- ducts authorized to investigate the accuracy of the permit fees paid hereunder. On or before the 20th day of each month, commencing with the loth day of January, 1974, the permittee shall file with the City Treasurer a statement showing amounts of milk handled in the preceding month together with its remittance for the full amount due. An additional ten (10 per cent) per cent penalty shall attach for failure to pay such fees when due. Failure to pay monthly permit fees. when due shall be grounds for revocation or suspen- sion of the permit. Any person, firm or corporation who shall have paid a fee to any municipality which enforces stan- dards equivalent to the require- ments of this ordinance shall be entitled to a credit against the permit fee established herein in the amount so paid but not in excess of two (2.00 cents per one hundred (100) pounds of milk or milk products. Provided however, that in order to be entitled to such credit, the permit holder shall first exhibit satisfactory evidence of such payment to such other municipality and that such muni. cipality extends reciprocal credits against its fees for amounts paid to the City of Dubuque, Iowa. Section 2. That Ordinance No. 52-72 is hereby repealed. Passed, approved and adopted this 26th day of November, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen ATTEST: Leo F. Frommal City Clerk Published officially in the Tele- graph Herald Newspaper this 29th day of November 1973. Leo F. Frommelt City Clerk it. 11-29 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. ORDINANCE NO. 53.73 An Ordinance Fixing and Estab- lishing Fees for the Issuance of Permits for the Operation of Food Service Establishments in the City of Dubuque, Iowa: And Repealing Ordinance No. 14-72 said Ordinance having been previously presented and read at the Council meeting of November 19, 1973, presented for Final adoption. 21—NOVEMBER COUNCIL. ORDINANCE NO. 53.73 AN ORDINANCE FIRING AND ESTABLI_SIiING FEES FOR THE ISSUANCE OF PERMITS FOR THE OPERATION OF FOOD 9ER- V ICE EISTA RLISHM&N7 S IN THE CITY OF DUBUQUE, IOWA; AND REPEALING ORDINANCE M. 14-72, NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That each applicant for permit to operate a food ser- vice establishment shall pay the sum of Thirty ($30.00) Dollars per year in advance. Section 2. That the applicant for a temporary food service estab- lishment permit shall pay a fee of Fifteen ($15.00) Dollars per week and for intervals of less than a week, the applicant shall pay the fee of Five ($5.00) Dollars per day for such permit. Section 3. Thai Ordinance No. 14-72 be and the same is hereby repealed. Passed, adopted and approved this 26th day of November, 1973, Joseph J. Bitter Mayor Walter A. Pregler Allan T. 'Moms Wayne A. Moldenhauer C. Robert Justmann Councilmen Special Session, November 28, 1973 1301 ATTEST Leo F. Frommelt. City Clerk Ptrbli.ahed officially in the Tele- graph Herald Newspaper this 29(h day of November 1973. Leo F. Frommelt City Clerk It. 11-29 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Mayor Bitter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. An Ordinance amending Ordi• nance No. 33119, known as the Traf- fic Code of the City of Dubuque, Iowa by repealing subsection 23 of Schedule IV and enacting a new subsection 23 of Schedule TV in lieu thereof removing the two hour time zone on University Ave- nue from Irving Street to Asbury Street, presented and read, said Ordinance having been previously presented and read at the Coun- cil meeting of November 19th, pre- sented and read. Councilman Pregler moved that the Ordinance be tabled until the meeting of December 17th. Second- ed by Mayor Bitter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. An Ordinance Amending Ordi- nance No. 33.49 known as the Tratfic Code of Dubuque, Iowa, as amended, by repealing subsec- tion 29 of Schedule Vl and enact- ing a new subsection 29 of Schedule VT to prohibit parking on the south side of University Avenue from Gilliam Street to a point one hun- dred and two feet east of the east line of Auburn street and on the north side of University Avenue from U)ras Boulevard to Pennsylvania avenue, said Ordi- nance having been previously pre- sented and read at the Council meeting of November 19ttr, pre- sented and read. Councilman Pregler moved that the Ordinance be tabled until the meetiuk of I)ecember 17th. Second- ed by Mayor Bitter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moidenhauer, Pregler, Thoms. Nays --.None. An Ordinance Amending (}rdi. nance No. 33.4,9 by repealing sub- section 105 of Schedule VI and enacting a new subsection 145 to Schedule VI in lieu thereof to pm hibit parking on the north side of Kane Street from Ken Court to Tina Ridge and on the south side from Tina Ridge to Chanes Road, presented and read. Councilman Pregler moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. Councilman Pregler moved that the Ordinance be tabled until the meeting of December 3rd. Second- ed by Mayor Bitter. Carrled by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moidenhauer, Pregler, Thoms. Naps -None. Petition of Dubuqur Realty re- quesking rezoning of Lot 1 of Sub. of I,ot 229 Union Addn. Lots 3, 4 and 5 of Stout's Addn. of M. L. 54 at 289 S. Iaeusk 9t. from Two Family to Commercial Zon- ing Classification, presented and read. Mayor Bitter moved that the petition be referred to the Plan- nirrg k Zoning Commission for in- vestigation and report. Seconded by Councilmam Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhamr, Pregler, Thoms. l4ays—None. Petition of James J. Gruber re- questing rezoning of Lot 1 of Sub. of Jot 1A of Dennis Dorgan Sub. from Mukiple to Iianelnesa I to accomodate off-street parking, pre. 602 Special Session, November 26, 1973 stinted and read. Councilman Preg- ler moved that the petition be re- ferred to the Planning & Zoning Commission for investigation Councilman report. Seconded by Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Robert P. Keliv re- questing a refund of $633.75 on the unexpired portion of Beer - Liquor License No. C•3749, as he has discontinued business on No- rthe ead. Mayor Bitter moved that t and vember 3, 1973, presented refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thorns. Nays—None. October 25, 1973 To the Honorable Mayor and City Council The North Algona Sanitary Se- wer, 8 inch, between University Avenue and Lora, Boulevard, a distance of 274 feet, has been com- pleted substantially in accordance with plans and specifications by Tschiggfrie Excavating of ,Dubin que, Iowa. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Mol- denhauer. Carried by the following vote:• Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. FINAL ESTIMATE RESOLUTION NO. 373.73 WHEREAS, the contract for the N• rth Algona Sanitary Sewer, 8 inch, between University Avenue and Loras Boulevard has been completed and the City Engineer has submitted his final estimate ,hawing the cost thereof including 'he cost of estimates, notices, in- ec"on, and preparing the a•s- -ent and plat, now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,808.87. That $4,57o.34 of the cost there- of shall be assessable upon pri- vate property and $1,238.63 shall be paid from the sanitation Fund of the City (A Dubuque. Passed, adopted and approved this 26th day of November 1973. Joseph J. flitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk .Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice) RESOLUTION NO. 374-73 WHEREAS, the contract for the North Algona Sanitary Sewer, 8 inch, between University Avenue and Loras Boulevard has been completed and the City Manager has examined the work and filed his certificate 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 Council 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 and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall cap- on receipt of such plat and st+e- dule publish the notice of the Coun- cil's intention to levy special as- essments therefor, as required by 1 aw. BE IT FURTHER RESOLVED, that the City Treasurer be and Special Session, November 26, 1973 603 he is hereby directed to pay to the contractor from the funds to be reallized from the sale of sewer bonds issued upon the above de. scribed improvement in amount equal to the amount of his con. tract, less any retained percentage provided for therein. Passed, adopted and approved this 26th day of November, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. From melt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays None. RESOLUTION NO. 375.73 WHEREAS, the City of Dubuque has secured an easement from Il- linois Central Gulf Railroad Com- pany in connection with the instal- lation of an underground sanitary sewer; and WHEREAS, said Easement Agreement should be approved and delivery thereof be accepted; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CM OF DUBUQUE, IOWA: Section 1. That the Easement Agreement by and .between Illinois Central Gulf Railroad Company and the City of Dubuque, Iowa, dated November 2, 1973, be and the same is hereby approved. Section 2. That the Mayor and City Cleric be and they are hereby authorized and directed to execute said Easement Agreement for and on behalf of the City of Dubuque, Iowa and that delivery of the Grant of Easement is accepted. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Grant of Easement to be recorded in the office of the Dubuque County Recorder. Passed, approved and adopted this 26th day of November. 1973. Joseph J. Bitter Mayor Walter A. Prel*ler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. November 21, 19M To the Honorable Mayor and City Council I am asking your approval on the tentative three year street con- struction program. This program must be submitted to the State .by December 11th in order to receive our share of the State Gasoline Taxes for street - related purposes. This program may also be chang- ed any time at our discretion. The cost of these ,programs will be within our proposed budget for the next three years. Gilbert D. Chavenelle City Manager Councilman Thorns moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. RESOLUTION NO. 376.73 A Resolution Approving a Tenta- tive Three Year Street Construc- tion Program and Submitting Same to the Iowa State Highway Com- mission WHEREAS, the office of the City Engineer has prepared, in accor- dance with instructions from the City Manager, a tentative street construction program for the years 1974, 1975 and 1976; and WHEREAS, said construction program shall be filed with the Iowa State Highway Commission by December 10, 1973 for the pur. Special Session, November 26, 1673 pose of allocating Road Use Taxes to municipalities; and WHEREAS, this Council has re- viewed the tentative street con struction program of the City of Dubuque, Iowa NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA.: That the tentative three year street construction Sor the years 1074, 1875 and 1876 as prepared by the City Engineer, be and the some is hereby approved and the City Manager is hereby directed to forward the required documents to the Iowa State Highway Com- mission. Passed, adopted and approved Ws 26th day of November 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved that the resolution be adopted and re- ferred to the Transportation Com- mission and Advisory Commission for consideration. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Jgstmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 377.73 RESOLUTION fining a date for hearing on proposed Pollution Con- trol Revenue Bonds ( Interstate Po- wer Company Project), S*riss 1973 WHEREAS the City of Dubuque, in the County of Dubuque, State of Iowa (the "City"), proposes to aequire a leasehold interest in cer- tain structures, equipment, irn- provements and other facilities useful for the purpose of reducing, preventing and eliminating pollu- tion of the air in and near the City and an easement in connec- tion therewith (the "Project"), to sublease the Project to Interstate Power Company, a Delaware cor- poration (the "Company"), to be used to reduce, prevent and eli- minate air pollution in and near the City, and to issue Pollution Control Revenue Bonds ( Interstate Power Company Project), Series 1873, in the principal amount of $4,400,000 ( the "Series 1 8 7 3 Bonds"), to finance the cost of the Project, all in accordance with the provisions of Chapter 419 of the Code of Iowa, 1873, as amended (the "Act") ; and WHEREAS, in view of rising con- struction costs and the general health and welfare of the inhabi. tants of the City, it is considered essential that, the Project be under- taken at the earliest practicable date, and as an 'inducement to the Company to proceed with and complete the Project, it is con- sidered necessary and desirable that the City provide satisfactory assurances that the proceeds of the tale of the Series 1973 Bonds will be made available to finance the Project; and WHEREAS, it is deemed neces- sary and advisable for the reduc- tion, prevention and elimination of pollution of the air in and near the City and the promotion of the general health and welfare of the inhabitants of the City, that the pollution control facilities be ac- quired, improved and equipped, as aforesaid, and that the City take such action as may be required under applicable statutory provi- sions to authorize and issue the Series 1973 Bonds to finance the cost of the Project; and WHEREAS local capital is not available for the development of the Project and it is proposed to pay the cost thereof through the issuance of the Series 1973 Bonds pursuant to the provisions of the Act; and WHEREAS the aggregate of the rentale payable under the Sublease Agreement proposed to be entered into by and between the City and the Company will be not less than the average rental cost for like or similar facilities within the com- petitive commercial area; and WHEREAS the aggregate cost of the Project has been determined to be not less than $4,400,000, and it is proposed to pay the coat of the Project, to that amount, through the issuance of the Series 1973 Bonds in that amount, but it is first necessary to conduct a public hearing on the proposal to issue the Bonds, as required Special Session, November 26, 1973 g(kS and provided by Section 419.9 of the Act; MW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, law&, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 14th da of December, 19T3, at 4:30 o'clock P.M., at which time and place a public hearing shall be held on the proposal to issue Pol. lution Control Revenue Bonds (In- terstate Power Company Project), Series 1973, in the amount of $4.400,000, as referred to in the preamble hereof, and at which heANitg &I] lAcal residents who ap- pear shall be (given as opportunity to express their views for or against the proposal to issue the Serieo 1973 Bonds. Section L The City Clerk is here- by directed to give notice of in- teaUen to issue the Series 1973 Bonds by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing in The Telegraph Herald, a legal newspaper published and having a Seberal circulation with- in said C Y. in substantially the fellowing form: NOTICE OF INTENTION TO ISSUE POLLUTION CONTROL REVSHUE BONDS The City Council of the City of Dubuque, in Dubuque County. Io- wa, will meet on the 14th day of December, 1973, at the Council Chambers in the City Hall, Du- buque, Iowa at 4:30 o'clock P.M., for the purpose of conducting a public 'bearing on the proposal to issue Pollution Control Bonds Un- terstate Power Company Project), Series 1973, of said City, in the principal amount of $4,400,000, 'bfaring interest at a rate or rates not exceeding seven per cent (7%) per annum, for the purpose of defraying the cost, to that amount, of a project consisting of acquiring a leasehold interest in certain Structures, equipment, improve- ments and other facilities useful for the purpose of reducing, pre- venting and eliminating pollution of the air in and near the City and an easement in connection therewith. These bonds, when Is. sued, will be limited obligations and will not 'constitute general ob. ligations of said City nor will they be payable in any manner by taxa:, tion, but said bonds will be pay- able solely and only out of the revenues to be derived from the subleasing of said project to In. terstate Power Company, a Dela- ware corporation, under a Sub. lease Agreement between said City and said Company. At the time and place fixed for said public bearing all local resi- dents who appear will be given an opportunity to express their views for or against the proposal to issue said bonds. By order of the City Council, November 26, 1973. Leo F. V'tommelt City Cleric Section 3. That all r0olutidt) or parts thereof in cotrflict hetti+a with be and the same are hereby repealed, and this rLe`solutlon shI be effective fgtthwitt upon its pat - sage and appNVal'° ' " Passed and approved November 26, 1978. Josepk J. BWW Mayor, . , , Attest: Leo F. Frommalt. j Oity Clerk Councilman Prejar moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: 'Yeas—Mayor Bitter, Councilmen Justmann, Moldenhatter, Pregler, Thorns. Nays --None. 1 RESOLUTION NO. 37s-73 BE 1T RPWLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provision) of law relating to the sale of C*8- rettes within the City of Dubuque, Iowa, be granted a permit to sell C*arettes and Cigarette Papers with;n said City. Gerald E. Miller, Sr., dba The Pint panther Lounge, 2417 Rlwnaberg Ave., (myCap Vendors) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 8sth day of November 16X73, Joseph J. Bitter MSYW Walter A. Pregior Allan T. Thorns Wayne A, Molckahauer iCounCilmen Special Session, Novo -rasher 26, 1973 Attest: Leo F. Fromimdlt City Clerk Mayor Bitter moved adoption od the resolution. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas -Mayor Bitter, Councilmen Moldenbauer, Pregler, Tboms. I Naye^+Councilman Justmann. 1 RESOLUTION No. 379.73 WHEREAS, applications for IL- quor Scenes have been submitted to this Council for approval and the same have been emarnined, NOW THEREFORE BE IT RE- 9DLVZD by the City Council of the City of Dubuque, Iowa, that the todlowinag applications be w proved; and licenses issued upon the compliance with the provisions of Chapter 13a, Acts of the First Regudar Session, 614th General As- sembly. CLAEs "C" (COMMERCIAL) BEER LIQUOR LICENSE Gerald E. Midler, Sr., dba The Pink Panther Lounge, 2440,7 Rhomberg Ave. Town Clock Inn Inc., dba Town Clock Inn, {Sunday Sales), Town Clock 'Plaza Passed, adopted and approved this 2M day of November 1VM. Joseph J. Bitter M ayor C. Robert Justmann Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer Councilmen Attest: Leo F. Froman dt city Clerk Mayor Bitter moved adaption of the resolution. Seconded by Coun- cilman Pregler. Carried by the boidowing vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Tlwms. Nays—None. RESOLUTION NO. 350.73 WHEREAS, applications for U- quor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied ,by such applicants were inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they have filed proper bonds, NOW THEREFORE ,BE 3T RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. Gerald E. Miller, Sr., dba 7be Pink Panther Lounge, 214114 Rhomberg Ave. Town Clock Inn, Inc., dba Town {lock Inn, (Sunday Sales), Tow {lock Plaza Passed, adopted and approved this Mb day of November 1979. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Tboms Wayne A. Molde"hauer Counrilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by 00un- ci4man Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. Communication of F. J. Schrrsi- bea requesting that he not be re- appointed to the Dock Commis- sion, presented and read Council- man looms moved that the com- munication be referred to the Coun- cil. Seconded by Councilman Mol- denhauer. Carried by the following vow: Yeas,Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. There being no further business Councilman Thorns moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas- Mayur Bitter, Councilmas Justmann, Moldenhauer, Pregler, 'Moms. Nays -None. Leo F. Frommelt City Clerk Special Session, November 26, 1973 607 January 21 Approved January 21, 1974. Adopted January 21, 1974. Regular Session. December 3, 1973 gQ7 City Council OFFICIAL Regular Session, December 31 1973. Council met at 7:30 P.M. (C.S.T.) Present — Councilmen Molden- hauer, Pregler, Thoms. City Man- ager Gilbert D. Chavenelle. Absent—Mayor Bitter (at roll call), Councilman Justmann (out of City). Presiding Officer Pro Tem Mol- denhauer read the call, in the ab- sence of Mayor Bitter, and stated that service thereof had been duly made: and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such business as may properly come before the meeting. Communication of Dubuque Dock Board submitting a report requesting consideration to pro- vide water service to Dubuque In- dustrial Area "C" justifying the expenditure of $39,164.40 for con- struction of a 12" water main over the 16th street bridge. between Area "C" and Kerper Blvd., pre- sented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Presiding Officer Pro Tem Moldenhauer. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Coun- cilman Justmann. Dock Commissioner Manager Shirley Lang, F. J. Schreiber and William McEllhiney members of the Dock Commission all addressed the Council as to the immediate needs for area "C". Mr. Robert Dorothy also addressed the Coun- cil indicating a first priority for area "B" on the north end of Ker. per Blvd. as to sewer, water and accessability to the area. Council- man Pregler moved that the Rec- reation Department, Park Depart- ment in conjunction with the Du- buque Industrial Bureau be au- thorized to develop a long-range program for area "C" to meet both Recreational and Industrial re. quirements. Seconded by Presiding Officer Pro Tem Moldenhauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thorns. Nays—None, Absent — Mayor Bitter, Council- man Justmann. Presiding Officer Pro Tem Mol- denhauer moved that the City Manager be instructed to develop a time table as to improvements on the Industrial Island. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Council- man Justmann, Councilman Pregler moved that the feasibility and long range plan for area "C" be supervised by the City Manager. Seconded by Pre- siding Officer Pro Tem Molden- hauer. Councilman Thoms moved that a copy of Councilman Justmann's letter dated November 15, 1973 relative to Area "C" in which he advised of getting in contact with Mr. Wm. Brabham, Ass't to the Director of the Iowa Conservation Commission with respect to utili- zation of Area "C" as a State Park be sent to the Recreation Commis- sion, Park Board and Industrial Bureau. Seconded by Presiding of- ficer Pro Tem Moldenhauer. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Council- man Justmann. Councilman Pregler moved that the long-range plan for area "C" be supervised by the City Manager. Seconded by Presiding Officer Pro Tem Moldenhauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays --None. Absent — Mayor Bitter, Council- man Justmann. Communication of the Iowa State Highway Commission submitting maps of the proposed corridor lo- cation of Freeway 520 in Delaware and Dubuque Counties and advis- ing that a hearing will be held 608 Regular Session, December 3, 1973 at Epworth on January 3. 1974 at 7 P.M. presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Presiding Of- ficer Pro Tem Moldenhauer. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Council- man Justmann. Printed Council proceedings for the months of June and July 1973, presented for approval. Council- man Pregler moved that the print- ed Council proceedings for the months of June and July 1973, be approved as printed. Seconded by Presiding Officer Pro Tem Mol- denhauer. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler., Thoms. Nays—None. Absent — Mayor Bitter, Council man Justmann. ELECTION REPORT I, Harold P. Meloy, County Au- ditor of Dubuque County, Iowa, and as such County Commissioner of Elections of said County, do hereby find, determine and declare the following: 1. That the Judges and Clerks of the regular municipal election held in and for the City of Du- buque, Iowa, on November 6, 1973. have filed their returns with re- spect to the vote on the following proposition which was submitted to the voters of said City at said election, to -wit: Shall the City of Dubuque, Iowa, remodel the city hall in said City and contract in- debtedness for such purpose not exceeding $560,000 and issue bonds for such purpose not exceeding $560,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one and one-half mills per annum for the payment of such bonds and the interest thereon? and that said returns have been duly examined and verified. 2. That at said election on said proposition there were cast 9,580 ballots, of which 4,038 votes were cast "Yes," and 5,542 votes were cast "No" and 0 ballots were blank or defectively marked on said proposition. 3. That a record of the votes cast on said bond proposition at said election by precincts is here- by made as follows: Precinct "Yts" "No" Blank or Total No. Defective Bal'^tc 1 166 221 0 387 2 107 121 0 228 3 165 182 0 347 4 244 259 0 503 5 127 154 0 281 6 125 148 0 273 7 127 109 0 236 8 157 156 0 313 9 96 114 0 210 10 140 179 0 319 11 183 246 0 429 12 169 239 0 408 13 207 336 0 543 14 185 202 0 387 15 189 200 0 389 16 168 247 0 415 17 281 342 0 623 18 142 244 0 386 19 168 357 0 525 20 114 224 0 338 21 132 246 0 378 22 11.3 261 0 374 23 168 260 0 428 24 202 241 0 443 25 125 217 0 342 49 38 37 0 75 4. That the votes cast in favor of said city hall bond proposition at said election were not equal to more than sixty per cent (60','(.) of the total votes cast for and against said proposition at said election, and not meeting the State of Iowa Constitutional requirement there- on, said proposition is hereby de- clared to have failed of adoption. 5. That the total number of per- sons voting at said election, shown by the election registers, was 9,580. This Election Report constitutes my official canvass of the results of said election on said proposi- tion. WITNESS my official signature iand the seal of said County hereto affixed at Dubuque, Iowa, this l2th day of November, 1973. Harold P. Meloy County Commissioner of Elections State of Iowa 1 SS: Dubuque County J Regular Session, December 3, 1973 809 Subscribed and sworn to before me this day, the date last above written. Leroy L. Meyer Clerk of District Court I Councilman Pregler moved that the report. be received and made a matter of record. Seconded by Pre. siding Officer Pro Tem Molden- hauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilman Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Coun- cilman Justmann. November 30, 1973 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted Entrance examinations on September 26, 1973 for applicants to the Police Department. The following named applicant has passed both the written and physical examination and is here- by certified for appointment to the Police Department. Davis, William A . ................78% Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30th day of November, 1973. Violet Savary Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Second- ed by Presiding Officer Pro Tem Moldenhauer. Carried by the fol- lowing vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thorns. Nays—None. Absent — Mayor Bitter, Council- man Justmann. November 30, 1973 To the Honorable Mayor and Members of the City Council. In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on September 19, 1973, for applicants to the Fire Department. The following named applicants have passed both the written and physical examinations and are hereby certified for appointment to the Fire Department. Jones, Richard W .................94% Gabriel, Michael E . ..............81% Gerard B .Noonan Chairman Marvin A. VanSicklre Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30th day of November, 1973. Violet Savary Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Sec- onded by Presiding Officer Pro Tem Moldenhauer. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thorns. Nays—None. Absent.—Mayor Bitter, Council- man Justmann. Notice of claim of Betty J. Pea- cock, in the amount of $200, for personal property damage as the result of an arrest and shooting of Mr. Boge in her home at 2282 White Street, on October 19, 1973, presented and read. Councilman Pregler moved that the notice of claim be referred to the City At- torney for investigation and re- port. Seconded by Presiding Of- ficer Pro Tem Moldenhauer. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thorns. Nays—None. Absent—Mayor Bitter, Council- man Justmann. November 23, 1973 Honorable Mayor and City Council re: Vincent Ambrosy You will recall that on the 12th day of April, 1973 a Sheriff's Jury awarded Mr. Vincent Ambrosy the I sum of $27,000.00 for damages in the Eminent Domain Proceedings 808 Regular Session, December 3, 1973 at Epworth on January 3. 1974 at 7 P.M. presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Presiding Of- ficer Pro Tem Moldenhauer. Car- ried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Council- man Justmann. Printed Council proceedings for the months of June and July 1973, presented for approval. Council- man Pregler moved that the print- ed Council proceedings for the months of June and July 1973, be approved as printed. Seconded by Presiding Officer Pro Tem Mol- denhauer. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None, Absent — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Council- man Justmann. ELECTION REPORT I, Harold P. Meloy, County Au- ditor of Dubuque County, Iowa, and as such County Commissioner of Flections of said County, do hereby find, determine and declare the following: 1. That the Judges and Clerks of the regular municipal election held in and for the City of Du- buque, Iowa, on November 6, 1973, have filed their returns with re- spect to the vote on the following proposition which was submitted to the voters of said City at said election, to -wit: Shall the City of Dubuque, Iowa, remodel the city hall in said City and contract in- debtedness for such purpose not exceeding $560,000 and issue bonds for such purpose not exceeding $560,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one and one-half mills per annum for the payment of such bonds and the interest thereon? and that said returns have been duly examined and verified. 2. That at said election on said proposition there were cast 9,580 ballots, of which 4,038 votes were cast "Yes," and 5,542 votes were cast "No" and 0 ballots were blank or defectively marked on said proposition. 3. That a record of the votes cast on said bond proposition at said election by precincts is here- by made as follows: Precinct "Yc s" "No" Blank or Total No. Detective Sal-ts 1 166 221 0 387 2 107 121 0 228 3 165 182 0 347 4 244 259 0 503 5 127 154 0 281 6 125 148 0 273 7 127 109 0 236 8 157 156 0 313 9 96 114 0 210 10 140 179 0 319 11 183 246 0 429 12 169 239 0 408 13 207 336 0 543 14 185 202 0 387 15 189 200 0 389 16 168 247 0 415 17 281 342 0 623 18 142 244 0 386 19 168 357 0 525 20 114 224 0 338 21 132 246 0 378 22 113 261 0 374 23 168 260 0 428 24 202 241 0 443 25 125 217 0 342 49 38 37 0 75 4. That the votes cast in favor of said city hall bond proposition at said election were not. equal to more than sixty per cent (60%) of the total votes cast for and against said proposition at said election, and not meeting the State of Iowa Constitutional requirement there- on, said proposition is hereby de- clared to have failed of adoption. 5. That the total number of per- sons voting at said election, shown by the election registers, was 9,580. This Election Report constitutes my official canvass of the results of said election on said proposi- tion. WITNESS my official signature and the seal of said County hereto affixed at Dubuque, Iowa, this 12th day of November, 1973. Harold P. Meloy County Commissioner of Elections State of Iowa I Dubuque County j SS: Regular Session, December 3, 1973 Subscribed and sworn to before Code of Iowa, the Civil Service me this day, the date last above Commission conducted Entrance written. Leroy L. Meyer Examinations on September 19, 1973, for Clerk of applicants to the Fire Department. District Court The following named applicants Councilman Pregler moved that have passed both the written the report be received and made a and physical examinations and matter of record. Seconded by Pre- are hereby certified for appointment. siding Officer Pro Tem Molden- to the Fire Department, hauer. Carried by the following Jones, Richard W .................94% vote: Gabriel, Michael E ............... 61% Yeas — Presiding Officer Pro Gerard B .Noonan Tem Moldenhauer, Councilman Chairman Pregler, Thorns. Marvin A. VanSickle Nays—None. Absent Mayor Bitter, Louis F. Fautsch — Coun- Civil Service Commission oilman Justmann. Attest: November 30, 1973 j Leo F. Frommelt To the Honorable Mayor and Clerk Members of the City Council Subscribed and sworn to before In accordance with the prove- me this 30th day of November, sions of Chapter 365 of the 1973 11973. Code of Iowa, the Civil Service Violet Savary Commission conducted Entrance Notary Public examinations on September 26, Councilman Pregler moved that 1,973 for applicants to the Police the communication be received Department. The following named applicant and made a matter of record. Sec - has passed both the written and onded by Presiding Officer Pro Tem Moldenhauer. Carried by the physical examination and is here- following vote: by certified for appointment to yeas — Presiding Officer Pro the Police Department.! Tem Moldenhauer, Councilmen Davis, William A. ................78`" Pregler. Thorns. Gerard B. Noonan Nays—None. Chairman Absent—Mayor Bitter, Council - Marvin A. VanSickle man Justmann. Louis F. Fautsch! Notice of claim of Betty J. Pea. Civil Service Commission I rock, in the amount of $200, for Attest: Leo F. Frommelt personal property damage as the Clerk result of an arrest and shooting of Mr. Boge in her home at 2282 Subscribed and sworn to before White Street, on October 19, 1973, me this 30th day of November, presented and read. Councilman 1973. Pregler moved that the notice of Violet Savary claim be referred to the City At - Notary Public I torney for investigation and re. Councilman Pregler moved that ! port. Seconded by Presiding Of - the communication be received and ficer Pro Tem Moldenhauer. Car - made a matter of record. Second- ried by the following vote: ed by Presiding Officer Pro Tem Yeas — Presiding Officer Pro Moldenhauer. Carried by the fol- Tem Moldenhauer, Councilmen lowing vote: Pregler, Thorns. Yeas — Presiding Officer Pro Nays—None. Tem Moldenhauer, Councilmen Absent—Mayor Bitter, Council- Pregler, Thorns. man Justmann. Nays—None. November 23, 1973 Absent -- Mayor Bitter, Council- Honorable Mayor and City Council man Justmann re: Vincent Ambrosy November 30, 1973 You will recall that on the 12th To the Honorable Mayor and day of April, 1973 a Sheriffs Jury Members of the City Council. awarded Mr. Vincent Ambrosy the In accordance with the provl- sum of $27,000.00 for damages in sions of Chapter 365 of the 1973 the Eminent Domain Proceedings 410 Regular Session December 3. 1973 instituted by the. City of Duhuque. Iowa for the Airport Commission to acquire an avigar,onai easement as W#•11 as Pavement for remora] of obgtrTsr.tion and subsequently ttwreto Mr. Ambrnsy appealed his case to the District Court of Du- buque County, Iowa. Thereafter. the City Attorney's offir-e prepared and interpwwd the nem&ury defenses to said action and in the course of negotiations between Mr. Ambrosy and the i City Attorney's office. Mr. Ambro- sy made an offer of settlement in the amount of =38,500.00 together with court costs,. The City Attorney's office has examined this offer and has con- siedred all of the facets of it and xecommends that said offer be aoeepted- Accordingly, it is the recom- mendation of the City Attorney's office that the offer of Vincent Ambrosy to settle his claim which is the subject matter of suit pend- ing in the District Court of Du- buque County, Iowa as Law No. 39880 should be accepted and that the City Auditor to instructed to draw a warrant payable to the Clerk of the District Court of Du- buque County, Iowa in said amount for and on account of said action same to be transmitted to Mr. Vin- cent Ambrosy upon filing of a duly executed Satisfaction of Judgment, and that the City Au- ditor be also instructed to draw warrant payable to the Clerk of District Court of Dubuque Coun- ty, Iowa in the amount of $18.75 in payment of costs of this action. Original petition of Vincent Am- brosy is hereto attached. R. N. Russo City Attorney Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas --- Presiding Officer Pro Tem Moldenhauer, Councilman Pregler, Thoms. Nays --•-None. Absent --Mayor Bitter, Council- man Justmann. AN ORDINANCE amending Traf- fie Ordinance No. 33-48 by repeal - int; subsection 105 Schedule VI and enacting a new section in Lien thereof to prohibit parking on the north side of Kane Street from Ken Court to Tina Ridge_ and on the south side from Tina Ridge to Chaney Road. said Ordinance having keen previously presented and read at the Council meeting of November 26. 1,9,3, presented for final adoption. Presiding Of- ficer Pro Tem Moldenhauer moved that the proposed Ordinance be set aside and not adopted. Second- ed by Councilman Pregler. Carried by the following vote: PrFiding Officer Pm Tem Mol- denhauer. Councilmen Pregler, Thom -s - Nays --None. Absent — Mayor Bitter, Coun- cilman Justmann. Communication of Donald F. Link et al obejcting to the pro- posed parking changes on Kane street, presented and read. Presid- ing Officer Pro Tem Moldenhauer moved that the communication be received and filed. Seconded by Councilman Pregler, Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Coun- cilmen Justmann. Petition of John Faulhaber et al objecting to the proposed park- ing changes for the 1800 block of Kane Street and in lieu thereof suggesting either "No Student Parking" or no parking between the hours of 8 A.M. to 4 P.M. presented and read. Presiding Of- ficer Pro Tem Moldenhauer moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Nays—None. Absent — Mayor Bitter, Coun- cilman Justmann. Petition of Donald F. Link et al requesting two hour parking from 7:30 A.M. to 3:30 P.M. Monday thru Friday on the south side of the 1900 block of Kane Street, Presented and read. Presiding Of- ficer Pro Tem Moldenhauer moved that the petition be received and filed. Seconded by Councilman Regular Session, December 3, 1973 811 Pregler. Carried by the following vote: Yeas — Presiding officer Pro Tem Moldenhauer, Councilmen Pregler, Thoms. Absent — Mayor Bitter, Coun- cilman Justmann. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend Zoning Or- dinance No. 3.34 to include the re- cently annexed described property in the Multiple Residence District Classification: Lot 1 of 1 of 1 of 3 of 1 of the Sub. of I.ot 1 of 1 of 1 and Lot 2 of 1 of 1 of M. L. 324, Sec. 12, T. 89N P. 2E of the 5th P. M. in Dubuque County, and Lot of l of 1 of M. L. 323, and I.ot 1 of 1 of 2 of M. L. 324; and Lot 94 in O'Neill's River View in Dubuque Twp. presented and read. MAYOR BITTER ENTERED THE COUNCIL CHAMBER AT 9:40 P.M. Petition of Duane R. Giesler et al objecting to the proposed rezon- ing request of Mr. Goerdt for the property bounded by Sheridan, Hogrefe and Peru Roads because it would destroy the serenity of the neighborhood, also that ade- quate access to the property could not be provided, and also would have a tendency to depreciate property values, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas — Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays—None. Absent —Councilman Justmann. Mr. Duane Giesler and Deanna Cliff addressed the Council in sup- port of their petition. Mr. Al Lundh and attorney Dave Setter submitted a graphic sketch of buildings proposed for the area. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Absent — Councilman Justmann. ORDINANCE NO. 54.73 An Ordinance Zoning and Clas- sifying recently annexed territory to the City of Dubuque, Iowa as a "Multiple Residence Diistrict" wihch real estate is hereinafter described, said Ordinance having been previously presented and read at. the Council meeting of November 22, 1973, presented for final adoption. ORDINANCE NO. 5473 AN ORDINANCE ZONING AND CLASSIFYING RECENT- LY ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA AS A "MULTIPLE RES- IDENCE ESIDENCE DISTRICT" WHICH REAL ESTATE IS HEREIN- AFTER DESCRIBED. WHEREAS, the real estate here- inafter described was recently an- nexed to, and became a part of the City of Dubuque, Iowa by Reso- lution No. 29473 of the City Coun- cil passed, approved and adopted at its meeting of September 4, 1973, and which annexation was upon voluntary petition, and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has approved and recommended that said territory recently annexed and hereinafter described be zoned and classified as a "Multiple Residence District." NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa' be and the same is hereby amended to include the following described property in the "Multiple Residence Dis- trict" classification: Lot I of Lot 1 of Lot I of Lot 3 of Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324, Section 12, Township 89 North, Range 2 East of the 5th Principal Meri- dian, in Dubuque County, Iowa according to the recorded plat thereof; and, Lot 1 of Lot 1 of Mineral Lot 323, and Lot 1 of Lot 1 of Lot 2 of Mineral Lot 324; and Lot 94 in O'Neill's River View in Dubuque Town- ship, Dubuque County, Iowa, according to the recorded plats thereof. Section 2. That the zoning clas- sification above described is made for the purpose of establishing on such real estate a Planned Unit 612 Regular Session, December 3, 1973 Development, and which Planned Unit Development plan shall be made pursuant to the provisions of Section 6 of Article IV of Or. dinance No. 3-34. Section 3. That the Building Commissioner of the City of Du- buque, Iowa is hereby ordered and directed that such building per - wits and certificates of occupancy !. for said property shall be limited only to such uses, structures and other installations as shall con- form to an approved Planned Unit Development plan. Section 4. That said territory be and the same shall be in and be- come part of the First Voting Pre- cinct of Dubuque, Iowa. Passed, approved and adopted this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 6th day of December, 1973. Leo F. Frommelt City Clerk 1t. 12-6 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays—None. Absent — Councilman Justmann. Councilman Pregler recommend- ed that the name of Hogrefe street be changed and Mayor Bitter rec- ommended that the name of Uni- versity Avenue be changed to Jul- ien Avenue, and that the proposed changes be referred to the City Manager for investigation and re- port. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler. Nays—Councilman Thorns. Absent —Councilman Justmann. Communication of Asst City Manager Murray recommending and submitting an Ordinance for granting increase in cab fares af- ter a thorough search of the fi- nancial operation of the Cab Corn- pany, presented and read. Coun- cilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the following vote: Yeas --Councilmen Moldenhauer, Pregler Thorns. Nays—None. Absent —Councilman Justmann. ORDINANCE NO. 55.73 An Ordinance Amending Ordi- nance No. 11.69 by repealing Section 2 thereof and enact - in a new Section 2 in lieu thereof to provide for the rate or fare to be paid by one pas- senger from sixty cents for the first quarter mile to sev- enty cents therefor and to pro- vide for rate or fare to be charged each passenger re- gardelss of origin and regard- less of destination and to pro- vide a five dollars an hour waiting charge: and repealing Ordinance No. 43.72, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Bitter. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauser, Pregler, Thorns. Nays—None. Absent Absent — Councilman Justmann. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Bitter. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays—None. Absent — Councilman Justmann. ORDINANCE NO. 55.73 An ORDINANCE AMENDING ORDINANCE NO -11-69 BY RE- PEALING SECTION 2 THERE- OF AND ENACTING A NEW SECTION 2 1N LIEU THERE- OF TO PROVIDE FOR THE RATE OR FARE TO BE PAID BY ONE PASSENGER FROM SIXTY CENTS FOR THE FIRST QUARTER MILE TO SEVENTY CENTS THERE- FOR AND TO PROVIDE FOR RATE OR FARE TO BE CHARGED EACH PASSEN- GER REGARDLESS OF ORI- GIN AND REGARDLESS OF DESTINATION AND TO PRO- VIDE FIVE DOLLARS AN Regular Session, December 3, 1973 613 HOUR WAITING CHARGE. AND REPEALING ORDI. NANCE. NO. 43-72. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 2 of Or- dinance No. 11-69 be and the same is hereby repealed and that a new Section 2 be enacted in lieu there- of as follows: "Section 2. That Section 13 of Ordinance No. ?3-57, as amend- ed by Ordinance No. 40-65 is hereby repealed and a new Section 13 enacted in lieu thereof as follows: "Section 13. The following are hereby fixed and estab- lished as the rates and charges for the transporta- tion of passengers by taxi- cabs within the City limits of the City of Dubuque, Iowa: a) One passenger: First (1/4) mile 700 Each additional (1-5) mile 104 b) Two or more passengers (not exceeding 5). same points of origin and destina- tion: First (Y4) mile 7(4 Each additional (1-5) mile 100 Each extra passenger, 104 c) Two or more passengers (not exceeding 5), same point of origin but different destinations: First passenger discharged pays one passenger rate. Meter will continue to op- erate—each succeeding pas- senger discharged will pay increase in total meter rate from metered rate of Pre- vious passenger plus (104). Minimum charge in all cases will be (704). d) Various points of origin and destination: Each person shall pay met- ered rate except as outlined under (c) — same origin but different destinations. Minimum charge in all cases will be (7(4). e) Rates include ordinary luggage. f) Waiting charge begins immediately at ($5.00 per hour). g) When service is provid- er to more than (1) passen- ger on a trip, the driver shall request and receive the oral consent of original passenger before providing service to additional passen- gers. Section 2. That Ordinance No. 43-72 passed and adopted the 17th day of July, 1972, be and the same is hereby repealed. Passed, approved and adopted this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 6th day of December 1973. Leo F. Frommelt City Clerk It. 12.6 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. Petition of National Foundation March of Dimes, Northeast Iowa Chapter, requesting permission to conduct the annual Mother's March door-to-door campaign during the month of January 1974, presented and read. Councilman Pregler moved approval of the petition subject to approval of the City Manager. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays. --None. Absent — Councilman Justmann. Petition of Xavier Hospital re- questing the Council to consider priority under the TOPICS pro- gram for the renovation of Sheri- dan Road, Peru Road to Central viaduct Avenue, including he and 32nd street west to J.F.K. Road, presented and read. Coun- cilman Pregler moved that the petition be referred to the Man- ager and EngineerpeSeconded by Ma - tion and repot 614 Regular Session, December 3, 1973 yor Bitter. Carried by the follow- ing vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays --None, Absent — Councilman Justmann. Petition of Mike McCarthy re- questing vacation of a storm sewer easement to clear title to his prop- erty, evidently the present ease- emnt relative to the storm sewer is in error, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Engineering De- partment. Seconded by Council- man Thorns. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays—None. Absent — Councilman Justmann. Petition of Mrs. Carol McCaugh- ey requesting a refund of $50 on the unexpired portion of cigarette license No. 249, as she has dis- continued business on November 20, 1973, Councilman Pregler moved that the petition be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays—None. Absent —Councilman Justmann. Petition of Brammer's Super Valu requesting a refund of $50 on the unexpired portion of cig- arette license No. 223, as they have discontinued business on No- vember 17, 1973, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. Proof of Publication, certified to by the Publisher, of legal no- tice of hearing to consider author- ization of the execution of pro- posed agreements with Investment Planning Inc. for the purchase of land in the Urban Renewal area, 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 Pregler moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Bitter. Carried by the follow- ing vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays—None. Absent — Councilman Justmann. RESOLUTION NO. 391-73 Authorizing the Execution of a Contract for Sale of Land for Private Redevelopment with Investment Planning, Inc. WHEREAS, pursuant to Resolu- tion No. 343-73 dated October 22. 1973 and a Notice of Public Hear• ing published in The Telegraph - Herald, a newspaper of general circulation in the City of Dubuque, Iowa, on October 30, 1973 and No- vember 6, 1973, City Council met on the 3rd day of December, 1973 at 7:30 o'clock P.M. Central Stand- ard Time, in the City Council Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of the interest of the City of Dubuque to Block 8 in Dubuque Downtown Plaza, also known as Disposition Parcel 74 of the Down- town Urban Renewal Project, Iowa R-15, to Investment Planning, Inc., and WIW,REAS, pursuant to said res- olution a copy of the Redevelop- er's Statement for Public Disclos- ure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed on file in the office of the City Clerk for public inspec- tion; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Investment Planning, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk be and they are here- by authorized to enter into a Con- tract for Sale. of Land for Private Redevelopment in accordance with the terms of the Disposition Docu- ments governing such sale with Investment Planning, Inc. for the real estate known as Block 8 in Dubuque Downtown Plaza in the Regular Session, December 3, 1973 818 City of Dubuque, Iowa, containing 5.463.29 square feet, subject to survey. SECTION 2. That said parcel of real estate shall be sold for $3.06 per square foot for a total price of $16,717.67 subject to final sur- vey of the land to be conveyed. Passed, approved and adopted this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Pregler, Thoms. Nay"ouncilman Moldenhauer. Absent — Council,nan Justmann, RESOLUTION NO. 382-73 WHEREAS, the executor of the Estate of Clarence O. Nesler, a/k/a C. O. Nesler, deceased, has de- livered a Court Officer's Deed dated November 28, 1973 convey- ing to the City of Dubuque, Iowa, the following described real es- tate, state, to -wit: Lot 638 in the Town (now City) of Dubuque, Iowa accord- ing to the United States Com- missioner's Plat of the sur- vey thereof, together with all improvements thereon; and WHEREAS the delivery of said deed to the above entitled real estate should be accepted by the City of Dubuque. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Court Offi- cer's Deed of the Executor of the Estate of Clarence O. Nesler, a/k/a C. 0. Nesler, decreased, dated November 28, 1973, conveying to the City of Dubuque, Iowa, the following described real estate: Lot 638 in the Town (now City) of Dubuque, Iowa, ac- cording to the United States Commissioner's Plat of the survey thereof, together with all improvements thereon be and the same is hereby accept- ed. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Deed in the office of the Dubuque County Recorder. Passed, approved and adopted this 3rd day of December, 1973, Joseph J. Bitter Mayor Walter A, Pregler Allan T. Thoms Wayne A. Moldenhauer Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. Communication of Low Rent Housing Commission submitting a resolution for consideration on the current status of the proposed downtown housing project for Ecumenical Housing Inc., present- ed and read. Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. RESOLUTION NO. 1-73 ENDORSING ECUMENICAL HOUSING, INC'S. PROPOSED HOUSING PROJECT FOR THE ELDERLY AND HANDI- CAPPED WHEREAS, under dates of Jan- uary 18, 1972 and December 19, 1972, the Dubuque Low -Rent Hous- ing Commission adopted appropri- ate motions to record their sup- port and endorsement of the pro- posed downtown housing project to be sponsored by Ecumenical Housing, Inc.; and WHEREAS, the project has been recently released by the Federal Housing Administration as an ex- ception project from the national moratorium status imposed on sub- sidized housing programs; and WHEREAS, the Dubuque Low - Rent Housing Commission deems 616 Regular Session, December 3, 1973 that the project is in the best in- terest of the residents of the City of Dubuque; now therefore BE IT RESOLVED BY THE DU- BUQUE LOW -RENT HOUSING COMMISSION: SECTION 1. That the Dubuque Low -Rent. Housing Commission re- confirms that the project meets certain unmet housing needs of low-income elderly and handi- capped people not presently avail- able elsewhere in the community. SECTION 2. That the Dubuque Low -Rent Housing Commission re- emphasizes its total support of the downtown housing project pro- posed to be constructed by Ecu- menical Housing, Inc. SECTION 3. That the Dubuque Low -Rent Housing Commission strongly recommends that the City Council of the City of Dubuque take whatever measures are appro- priate to assist in the implementa- tion of the project as proposed by Ecumenical Housing, Inc. Passed, approved and adopted this 29th day of November, 1973. ATTEST: Gent M. Wittenberg Secretary Reverend Robert P. Odden Chairman Councilman Pregler moved that the resolution be received and made a matter of record. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Pregler, Thoms. Nays—Councilman Moldenhauer. Absent - Councilman Justmann. Communication of Urban Renew- al Director Gent Wittenberg, ad- vising that representatives of Ecu- menical Housing Inc. will be at the meeting of December 3, 1973 to discuss the current status of the project and indicate their readi- ness to execute a contract and take title to the land, and requesting that they be given an opportunity to be heard, presented and read. Councilman Pregler moved that. the communication be received and filed. Seconded by Mayor Bit- ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent—Councilman Justmann. Councilman Pregler moved that the Director of Urban Renewal be authorized to proceed with the purchase and or sale of the land to Ecumenical Housing within fif- teen days. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent—Councilman Justmann. To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1973 Asphalt Pav- ing Project No. 1, except Univer- sity Avenue has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the ac- ceptance of the above named proj- ect. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. FINAL ESTIMATE Resolution No. 383-73 WITFREAS, the contract for the City of Dubuque 1973 Asphalt Pav- ing Project No. 1, except Univer- sity Avenue has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $235,268.64. That $30,842.67 of the cost there- of shall be assessable upon private property and $204,425.97 shall be paid from the 4,232.11 89-8104- 2451-00 9-81042451-00 Floodwall, 195,774.10 H.U.T. Fund, 4,419.76 41-3021.2436-00 Rev- enue Share. Passed, adopted and approved this 3rd day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Regular Session, December 3, 1973 Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent —Council man Justmann. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 384.73 WHEREAS, the contract for the CITY OF DUBUQUE 1973 AS- PHALTIC PAVING PROJECT NO. 1; EXCEPT UNIVERSITY AVE- NUE FROM THE W.P.L. OF Mc- CORMICK STREET TO THE E.P.L. OF GILLIAM STREET on the fol- lowing named streets: 1. Algona Street—from the N.P. L. of Loras Blvd. to the S.P.L. of Dexter Street. 2. Atlantic Street—from the N. P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 3. Auburn Street—from the N. P.L. of Loras Blvd. to the S.P.L, of Dexter Street. 4. Boyer Street—from the E.P.L. of No. Grandview Avenue to the W.P.L. of Andrew Court. 5. Gordon Drive—from the S.P. L. of Kaufmann Avenue to the N. P,L. of Theda Drive. 6. Grandview Avenue—from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 7. Kaufmann Avenue—from W. P.L. of Carter Road to the W.P.L. of Gordon Drive. 8. Key Knolls Subdivision a. Phyllrich Drive—from the N. P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 10. b. Norland Drive—from the N. P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 11. e. Hansel Drive—from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 of Block 9. d. Vizaleea Drive from the N.P.L. of Keymont Drive to the N.P.L. of I.ot 5 of Block 8. 9. Locust Street from the N.P.L. of 9th Street to the S.P.L. of Loras Blvd. 10. Sunset Park Subdivision No. 1: a. Dove Street from the E.P.L. of Bonson Road to the W.Y.L. of Meggan Street. b. Waller Street from the E.P.L. of Bonson Road to the N.P.L. of Lot 15 of Block 8. 11. Edwards Street from the W. P.L. of Windsor Avenue to the E. P.L. of Queen Street. 12. Century Drive—Guard Rail. 13. Grandview Avenue and Uni- versity Avenue Intersection. 14. Overview Court from the W. P.L. of Grandview Avenue to the west end of the Street. 15. Bicycle Path from 16th Street to Shiras on the Floodwall. Has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council 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 and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 3rd day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk 818 Regular Session, December 3, 1973 Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent— Councilman Justmann, RESOLUTION NO. 385.73 BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa be granted a permit to sell Cigarettes and Cigarette Papers within said City. Coletta Potter, dba Aragon Tap, 1103 Iowa Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 3rd day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. RESOLUTION NO. 386.73 WHEREAS, applications for Beer permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMITS Earl John Tegeler, dba Milk House, 2311 Windsor Osco Drug, Inc., dba Osco Drug Store, 703 Main St. Passed, adopted and approved this 3rd day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays—None. Absent --Councilman Justmann. RESOLUTION NO. 387.73 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 occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named applicants a Beer per- mit. CLASS "C" BEER PERMIT Earl John Tegeler, dba Milk House, 2311 Windsor Osco Drug, Inc., dba Osco Drug Store, 703 Main Street Passed, adopted and approved this 3rd day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Bitter, Council- men Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. RESOLUTION NO. 388-73 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, Regular Session, December 3, 1973 NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- porved and licenses issued upon the compliance with the provi- sions of Chapter 131, Acta of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER -LIQUOR LICENSE Shirley Mihilakis, dba Airport Inn, 574 East 16th Street Richard J. Hantelmann, dba Broth- ers Three, 902 Main Street Coletta Potter, dba Aragon Tap, 1103 Iowa Street Passed, adopted and approved this 3rd day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays—None. Absent — Councilman Justmann. RESOLUTION NO. 389-73 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is. sued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER -LIQUOR LICENSE Shirley Mihilakis, dba Airport Ino 574 East 16th St. Richard J. Hantelmann, dba Broth ers Three, 902 Main Street Coletta Potter, dba Aragon Tap, 1103 Iowa Street Passed, adopted and approved this 3rd day of December 1973. 819 Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thoms. Nays—None. Absent — Councilman Justmann. There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenbauer, Pregler, Thoms, Nays—None. Absent —Councilman Justmann. Leo F. Frommelt City Clerk Approved February 25,1974. Adopted February 25, 1974. Special Session, December 14, 1973 CITY COUNCIL OFFICIAL Special Session, December 14, 1973. Council met at 4:30 P.M. (C.S.T.) Present --- Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil - bort D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE POLLUTION CONTROL REVE- NUE BONDS (INTERSTATE POW. ER COMPANY PROJECT) SERIES 1973 IN THE PRINCIPAL AMOUNT OF $4,400,000 and act- ing upon such other business as may properly come before a reg- ular meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Intention to issue pollution con- trol revnue bonds (Interstate Pow- er Company project) Series 1973, in the amount of $4,400,000, pre- sented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the record show that no written or oral objections were received relative to the issuance of pollu- tion control revenue bonds for In- terstate Power Co. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. RESOLUTION NO. 390-73 RESOLUTION authorizing the issuance of $4,400,000 Pollu- tion Control Revenue Bonds (Interstate Power Company Project), Series 1973, of the City of Dubuque, Iowa, for the purpose of defraying the cost of acquiring an easement and acquiring, improving and equipping pollution control fa- cilities thereon; the execution and delivery of an Indenture of Trust to secure said Bonds; the execution and delivery of an Equipment Lease between said Company, as lessor, and said City, as lessee; the exer_u. tion and delivery of a Sub- lease Agreement between said City, as sublessor, and said Company, as sublessee; the sale of said Bonds; and related matters. WHEREAS the City of Dubuque, in the County of Dubuque, State of Iowa (the "City"), proposes to acquire a leasehold interest in cer- tain structures, equipment, im- provements and other facilities useful for the purpose of reduc- ing, preventing and eliminating pollution of the air in and near the City and an easement in con- nection therewith (the "Project"), to sublease the Project to Inter- state Power Company, a Delaware corporation (the "Company"), to be used to reduce, prevent and eliminate air pollution in and near the City, and to issue Pollution Control Revenue Bonds (Interstate Power Company Project), Series 1973, in the principal amount of $4,400,000 (the "Series 1973 Bonds"), to finance the cost of the Project, all in accordance with the provisions of Chapter 419 of the Code of Iowa, 1973, as amended (the "Act"); and WHEREAS pursuant to pub- lished notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act, and this City Council deems it necessary and advisable to proceed with the proj- ect and the issuance of the Series 1973 Bonds; and WHEREAS the City has arranged for the sale of the Bonds to Blyth Eastman Dillon & Co. Incorporat- ed and Carleton D. Beh Co., joint- ly; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That, in order to fi- nance the cost of the Project, the Special Session, December 14, 1973 821 Series 1973 Bonds be and the same are hereby authorized and ordered to be issued pursuant to an in- denture of Trust in substantially the form attached hereto as Ex- hibit A and containing substan- tially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby author- ized and directed to execute and Section 2. That the City acquire a leasehold interest in the Project pursuant to an Equipment. Lease, in substantially the form attached hereto as Exhibit 6 and contain- ing substantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver said Equip- ment Lease. Section 3. That the City sub- lease the Project to the Company pursuant to a Sublease Agreement, in substantially the form attached hereto as Exhibit C and containing substantially the terms and provi- sions set forth therein, and the Mayor and the City Clerk are here- by authorized and directed to ex- ecute and deliver said Sublease Agreement. Section 4. That the sale of the Bonds to Blyth Eastman Dillon & Co. Incorporated and Carleton D. Beh Co., jointly (the "Underwrit- ers"), pursuant to a Bond Purchase Agreement, in substantially the form attached hereto as "Exhibit D and containing substantially the terms and provisions set forth therein, is hereby authorized, ap- proved and confirmed, and the Mayor and the City Clerk are here- by authorized and directed to ex- ecute and deliver said Bond Pur- chase: Agreement. Section S. That the Preliminary Official Statement dated Novem- ber 29, 1973, and the final Offi- cial Statement dated December 14, 1973, be and the same are hereby authorized, and the Mayor is au- thorized and directed to execute said Official Statement; provided that this authorization does not apply to the information with re- spect to the Company contained in the Appendix to said Official Statement, but nothing herein shall be construed as prohibiting the Underwriters from including such information in said Appen- dix pursuant to authorization from the Company. Section 6. That the Mayor and City Clerk are hereby authorized and directed to execute any and all documents and do any and all things dee ed necessary in order to effect the accomplishment of the Prdjk the issuance and sale of the Series 1973 Bonds and the deliver said Indenture of Trust. @xecution and delivery of the Equipment Lease, the Sublease Agreement and the Indenture of Trust, and to carry out the intent and purposes of this resolution, including without limitation the execution of the necessary, docu- ment or documents for this ac- quisition of the easement referred to in the preamble hereof. Section 7. That the provisions of this resolution are hereby de- clared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remain- der of the sections, phrases and provisions. Section 8. That this resolution shall become effective immediately upon its passage and approval. Passed and approved December 14, 1973. Joseph J. Bitter Mayor Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. There being no further business Councilman Justmann moved to adjourn. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Leo F. Frommelt City Clerk M Special Session, December 14, 1973 Approved February 25 1974 Adopted February 25 1974 Special Session, December 17, 1973 CITY COUNCIL OFFICIAL. Special Session, December 17, 1973, Council met at 7:30 P.M. (C.S.T.) Present—Mayor Bitter, Council- men Justmann, Moldenhauer, Pro* ler, Thorns. City Manager Gilbert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE PROPOSED LEVY OF SPECIAL ASSESSMENT AND IN- TENTION OF THE CITY COUNCIL TO ISSUE BONDS TO PAY FOR ASSESSED COST OF CITY OF DU. BUQUE 1973 CONCRETE PAVING WITH INTEGRAL CURB PROJ• ECT NO. 1, GRANDVIEW AVE- NUE FROM WHELAN STREET TO DELHI STREET, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Low Rent Housing Commission submitting minutes of their meetings of No- vember 20th and 29th, presented for the record. Councilman Just - mann moved that the minutes be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Mayor's In- dustrial Committee submitting ap- plication for purchase of land from American Optical Co., ap- prox. 200'x25' in Block 5 of Riv- erfront Sub. No. 3 in the amount Of $10,£390, presented and read. Councilman Pregler moved that the Communication be received and filed and referred for proper proceedings. Seconded by Mayor Bitter. Carried by the following vote: Yeas — Mayor Bitter, Council- men Justinann, Moldenhauer, Preg- ler, Thorns. Nays --None. Communication of Dubuque Fed- eration of Labor that even though they Were opposed to the proposi- tion of renovating City Ball they 623 are not in favor of retaining the building for use as a City Hall, they are not in favor of retaining the building for use as a City Hall for another hundred ,years, and requesting appointment of a com- mittee to investigate relocation, Presented and read. Councilman Pregler moved that the communi- cation be referred to the Council. Seconded by Councilman Justmann. Carried by the following vote: Yeas ---Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. December ll, 1973 To the Honorable Mayor and City Council Attached is a letter received from James H. Collins about his resignation from the Dubuque Hu. man RighLs Commission. A replacement for Mr. Collins should be appointed by the Mayor with the advice and consent of the. Council for the unexpired term ending January 1, 1976. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the resignation of Mr. Collins be accepted with regret. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Dubuque Life Insurance Co. showing an interest in the purchase of city owned property at Delhi and Forest Lane and University Avenue to be used In connection with the possible purchase of Brammer property, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None, Mr. James Kisting addressed the Council, as a representative of the Dubuque Life Insurance Co. by staling that they are interested in the purchase of the Brammer prop- erty for use as a home office, and the parking lot setup would stay as it is. 624 Special Session, December 17, 1973 Councilman Pregler moved that the communication of Dubuque Life Insurance Co. be referred to the Manager and staff for investi- gation and report. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Peoples Nat- ural Gas Co. submitting an out- line of their delivery priorities and their estimate and the season's peak gas supply as requested by Mayor Bitter, presented and read. Councilman Pregler moved that the communication be received and filed and referred to the Chairman of the Energy Commis- sion. Seconded by Councilman Mol- denhauer. Carried by the follow- ing vote: Yeas — Mayor Bitter, Council- men Justmann, Moldenhauer, Preg- ler, Thoms. Nays—None. Communication of Peoples Nat. ural Gas initiating a rate increase of 6.474 per thousand cubic feet to all small volume customers as the result of changes in their pur- chased cost of gas, presented and read. Councilman Pregler moved that the communication be re- ferred to the City Attorney to put them on notice of strict proof. Seconded by Councilman Molden. hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Iowa State Highway Commission submitting a copy of Iowa's approved action plan in developing a project on the Primary Road System, city con. tacts, outlines process which cities should follow to utilize Federal aid funds, presented and read. Councilman Moldenhauer moved that the communication be re- ferred to the Manager and staff. Seconded by Councilman Just - mann. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. December 7, 1973 Honorable Mayor and City Council On September 21, 1973,.Giese Sheet Metal Company filed a No- tice of Filing of Mechanic's Lien against the Pillsbury Company and copy of which was served on the City Clerk and thereafter same was transmitted to this office for action. Kindly be advised that said claimant on December 6, 1973 filed a Release of Mechanic's Lien in this instance, and accordingly, this matter should now be consid- ered closed. Copy of Mechanic's Lien trans- mitted to City Attorney and Re- lease of Mechanic's Lien is here- with transmitted. R. N. Russo City Attorney Councilman Moldenhauer moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms, Nays—None. December 5, 1973 Honorable Mayor and City Council On November 15, 1973, Gene P. Zumhof of 1490 Kaufman Avenue filed claim against the City of Dubuque in the amount of $36.46 alleging same constituted damages which was suffered to his motor vehicle on or about October 25, 1973 as the result of striking a protruding knob on a fireplug lo- cated at the curbline directly across from 1408 Delhi in the City of Dubuque, Iowa and said claim further alleges that the fireplug knob protrudes beyond the curb - line. I have made an investigation of this matter and have conferred with Mr. Joseph Hail who actually measured the dimensions of the fireplug in question and in accord- ance with his report that the hy- drant cap is five inches back from the face of the curb and there. fore there is no protrudance be. yond the face of the curb existing at this location. Accordingly, there appears to be no actionable negligence on the part of the City of Dubuque, Iowa Special Session, December 17, 1973 625 and accordingly, it is the recom- mendation of the City Attorney's office that the claim of Gene P. Zumhof be denied. Original claim is returned here. with. R. N. Russo City Attorney Councilman Moldenhauer moved approval of the recommendation. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Notice of claim of Robert L. Fuhrman, in the amount of $300, for damage incurred as the result of a backed -up sanitary sewer at 2245 Carter Road on December 4, 1973, presented and read. Council. man Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Notice of claim of Charles Lang, in an undetermined amount, for personal injuries received, also car damages, as the result of being struck by a city -owned bus, at or near Loras & Nowata street on October 22, 1973, presented and read. Councilman Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Notice of claim of Mark P. Ang- lin, in the amount of $26.75, for personal property damage in- curred as the result of a rubbish truck striking a post located in the front of his property at 1910. St. Anne Court, on September 18, 1973, presented and read. Council- man Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Notice of claim of Robert Vogt, in the amount of $192.55, for per- sonal injuries received as the re- sult of driving into a wire fence in Foye street on November 28, 1973, presented and read. Council- man Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Bitter, Council. men Justmann, Moldenhauer, Preg. ler, Thoms. Nays—None. Notice of claim of Kenneth J. Moran, in the approx. amount of $1.00, for car damage incurred as the result of a broken tree limb falling on his car while parked at 5th & Bluff Street on December 4, 1973, presented and read. Coun- cilman Moldenhauer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, 1l1oldenhauer, Pregler, Thoms. Nays—None. ORDINANCE NO. 56.73 An Ordinance Amending Or- dinace No. 37.65 known as "The Street Parking Meter Or. dinance of Dubuque, loma" by enacting a new Subsection 6.1.11 of Section 6.1 Parking Meter District A to limit park- ing to 60 minutes at any one time on Thirteenth; Street, both sides between Central Avenue and Iowa Street, pre- sented and read. Councilman Moldenhauer moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three separate days be waived, Seconded by 626 Special Session, December 17, 1973 Councilman Pregler, Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. ORDINANCE NO. 56.73 An Ordinance Amending Ordi- nance No. 37.65 known as 'The Street Parking Meter Ordi- nance of Dubuque, Iowa" by enacting a new subsection 6.1.11 of Section 6.1 Parking Meter District A to limit park. Ing to 60 minutes at any one time on Thirteenth Street, both sides between Central Avenue and Iowa Street. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 37-65 known as "The Street Park- ing Meter Ordinance of Dubuque, Iowa" be and the same is hereby amended by enacting a new Sub- section 6.1.11 of Section 6.1 Park- ing Meter District A as follows: "6.1 PARKING METER DIS- TRICT A 6.1.11 Thirteenth Street, both sides between Central Avenue and Iowa Street." Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 20th day of December, 1973. Leo F. Frommelt City Clerk It. 12-20 Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. ORDINANCE NO. 57.73 An Ordinance Amending Ordi- nance No. 37.65 known as "The Street Parking Meter Or. nance of Dubuque, Iowa" by repealing Subsection 6.2.15 of Section 6.2 Parking Meter Dis- trict B and enacting a new Subsection 6.2.15 of Section 6.2 Parking Meter District B in lieu thereof to limit park. ing to 120 minutes at any one time on Thirteenth Street, both sides from Iowa Street to Main Street, presented and read. Councilman Moldenhauer moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas_—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Moldenhauer moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Bitter, Council- men Justmann, Moldenhauer, Preg- ler, Thoms. :days—None. ORDINANCE NO. 57.73 An Ordinance amending Ordi- nance No, 37-65 known as "The Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.2.15 of Section 6.2 Parking Meter District B and enacting a new Subsection 6.2.15 of Section 6.2 Parking Meter District B in lieu thereof to limit park- ing to 120 minutes at any one time on Thirteenth Street, both sides from Iowa Street to Main Street. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance. No. 37-65 known as "The Street Park- ing Meter Ordinance of Dubuque, Iowa" be and the same is hereby amended by repealing Subsection 6.2.15 of Section 6.2 Parking Meter District 8 and enacting a new Sub- Special Session, December 17, 1973 62 section 6.2.15 of Section 6.2 Park- ing Meter District B in lieu there- of as follows: 116.2 PARKING METER DIS• TRICT B. 6.2.15 Thirteenth Street, both Aides between Iowa Street and Alain Street." Passed, approved and adopted this 11th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald newspaper this 20th day of December 1973. Leo F. Frommelt City Clerk Councilman Moldenhauer moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilman Justmann, Moldenhauer, Pregler, Thoms. Nays—None. December 13, 1973 To the Honorable Mayor and City Council I offer for your consideration a proposed Ordinance for Regulating Ambulance Service and a revision of Ordinance 52-69 Establishing Rates and Charges for City Ambu- lance Service. Included in this package are studies and surveys that will assist you in understand- ing our service and evaluating our recommendations. The section "Exemptions for Ex- isting Services" is recommended to allow those existing services to continue, if they so desire, under the timetable proposed by IIF 653. These standards would be adopted by the Health Officer under Sec- tion 6, subsection (e). The fee schedule in revised Or- dinance 52-69 is based on the De. cember first survey of ambulance services in Iowa cities over 30,000, and the anticipated operating costs of our service in 1974. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms, Nays—None, AN ORDINANCE Regulating Ambulnace Service in the City of Dubuque, Iowa was presented and read. Councilman Pregler moved that the Ordinance be referred to the City Manager and Staff for a re- write to conform with State and Local laws. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. AN ORDINANCE Fixing and es- tablishing rates and charges for City Ambulance service and re- pealing Ordinance No. 52-69, pre- sented and read. Councilman Preg- ler moved that the Ordinance be referred to the City Manager and staff for a rewrite to conform with State and local laws. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. ORDINANCE NO. 58-73 An Ordinance amending Ordi- nance No. 7-65 by repealing Section 2 (d) thereof and en- acting a new Section 2 (d) in lieu thereof Fixing and Estab- lishing Dog License Fees, Presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. 625 Special Session, December 17, 1973 ORDINANCE NO. 58.73 An Ordinance amending Ordi- nance No. 7.65 by repealing Section 2 (d) thereof and en- acting A new Section 2 (d) in lieu thereof Fixing and Estab- lishing Dog License Fees. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 7-65 be amended by repealing Sec- tion 2 (d) thereof and enacting a new Section 2 (d) in lieu thereof as follows: "Section 2. (d) Three Dollars ($3.00) for each male dog; Three Dollars ($3.00) for each spayed female dog; Six Dollars ($6.00) for each female dog not spayed." Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmanr Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 20th day of December, 1973. Leo F. Frommelt City Clerk It. 12-20 Councilman Pregler moved fin- al adoption of the Ordinance. Sec- onded by Councilman Thorns. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Linda Turner re- questing permission to address the Council making inquiry as to what the Council will do to rectify the present process against minorities and women in City employment, presented and read. Linda Turner addressed the Council in behalf of her petition requesting an affirmative action program, and if not what plans are in future, and further what role will the City play in any pro- gram. Councilman Justmann moved that the petition be referred to the Personnel department, Second- ed by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Gordon Kaiser et al, requesting "No Parking" regula- tions along Sunset Park Circle at Kennedy Road, as the result of ice conditions during the winter months, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the City Man- ager and Traffic Department for investigation and report. Second- ed by Councilman Thorns. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of County Board of Su- pervisors submitting a petition for suspension of taxes for Bernard W. Mihm, for 1971 and 1972 on the W. 130' of Lot 46 in Cox Addn., presented and read. Councilman Pregler moved approval of the petition and authorized the Clerk to sign the petition. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Playground and Rec- reation Commission requesting a meeting with the City Council on Wednesday December 19th, either at 4:00 or 7:30 Y.M. to discuss fur- ther information concerning the ice skating rink -swimming pool proposal, presented and read. Councilman Moldenhauer moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Petition of Joseph Itauch et al, residents in the area of Brammer's store at 1306 Delhi Street, request- s ing that the area be retained as a type "A" Business District Zon- ing classification, presented and read. Councilman Thorns moved Special Session, December 17, 1973 829 that the petition be referred to the City Manager and Planning & Zoning Commission. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Lou Gore requesting a refund of $.50 on the unexpired portion of cigarette license No. 110, as tie has discontinued busi- ness on 12-1.73, presented and read. Mayor Bitter moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Gerald E. Miller Jr. requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 186, as he has discon- tinued business on 12.8-73, present- ed and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Clara Johnson re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 228, as she has discon- tinued business on 12-3-73, pre- sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is. sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Ramona Fettgather requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 7, as she has discontin. ued business on 12.6-73, presented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Lyle Whalen re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 149, as he has discon- tinued business on 12-1-73, pre- sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Thompson's #12 re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 167, as they have dis- continued business on 12-12-73, presented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Thompson's #12 re- questing a refund of $18.75 on the unexpired portion of Class C Beer permit No. C-1191, as they have discontinued business on 12-12-73, presented and read. Ma- yor Bitter moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 391.73 WHEREAS, on December 1, 1972, the City of Dubuque and Marjorie D. Reed entered into an Option Agreement for the sale by Mar- jorie D. Reed and the purchase by the City of Dubuque of the fol- lowing described property: Lots 2 and 3 of the subdivi- sion of Northeast Quarter of Southeast Quarter, Section 1, 628 Special Session December 17, 1973 ORDINANCE NO. 56.73 An Ordinance amending Ordi- nance No. 7.65 by repealing Section 2 (d) thereof and en- acting A new Section 2 (d) in lieu thereof Fixing and Estab- lishing Dog License Fees. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 7-65 be amended by repealing Sec- tion 2 (d) thereof and enacting a new Section 2 (d) in lieu thereof as follows: "Section 2. (d) Three Dollars ($3.00) for each male dog; Three Dollars ($3.00) for each spayed female dog; Six Dollars ($6.00) for each female dog not spayed." Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 20th day of December, 1973. Leo F. Frommelt City Clerk 1t. 12-20 Councilman Pregler moved fin- al adoption of the Ordinance. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Linda Turner re- questing permission to address the Council making inquiry as to what the Council will do to rectify the present process against minorities and women in City employment, presented and read. Linda Turner addressed the Council in behalf of her petition requesting an affirmative action program, and if not what plans are in future, and further what role will the City play in any pro- gram. Councilman Justmann moved that the petition be referred to the Personnel department. Second- ed by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann. Moldenhauer, Pregler, Thoms. Nays—None. Petition of Gordon Kaiser et al, requesting "No Parking" regula- tions along Sunset Park Circle at Kennedy Road, as the result of ice conditions during the winter months, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the City Man- ager and Traffic Department for investigation and report. Second- ed by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of County Board of Su- pervisors submitting a petition for suspension of taxes for Bernard W. Mihm, for 1971 and 1972 on the W. 130' of Lot 46 in Cox Addn., presented and read. Councilman Pregler moved approval of the petition and authorized the Clerk to sign the petition. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Playground and Rec- reation Commission requesting a meeting with the City Council on Wednesday December 19th, either at 4:00 or 7:30 P.M. to discuss fur- ther information concerning the ice skating rink -swimming pool proposal, presented and read. Councilman Moldenhauer moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Joseph Rauch et al, residents in the area of Brammer's store at 1306 Delhi Street, request- ing that the area be retained as a type "A" Business District Zon- ing classification, presented and read. Councilman Thoms moved Special Session, December 17 1973 629 that the petition be referred to the City Manager and Planning & Zoning Commission. Seconded by Councilman Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Lou Gore requesting a refund of $50 on the unexpired portion of cigarette license No. 110, as he has discontinued busi- ness on 12-1.73, presented and read. Mayor Bitter moved that the refund be granted and the Audi. tor instructed to issue proper war- rant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Gerald E. Miller Jr. requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 186, as he has discon- tinued business on 12-8-73, present- ed and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Clara Johnson re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 228, as she has discon- tinued business on 12.3-73, pre- sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays ---None. Petition of Ramona Fettgather requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 7, as she has discontin. ued business on 12-6.73, presented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Lyle Whalen re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 149, as he has discon. tinued business on 12-1-73, pre. sented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is- sue proper warrant, Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Thompson's #12 re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 167, as they have dis- continued business on 12-12-73, presented and read. Mayor Bitter moved that the refund be granted and the Auditor instructed to is. sue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Petition of Thompson's #12 re- questing a refund of $18.75 on the unexpired portion of Class C Beer permit No. C-1191, as they have discontinued business on 12-12-73, presented and read. Ma- yor Bitter moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 391.73 WHEREAS, on December 1, 1972, the City of Dubuque and Marjorie D. Reed entered into an Option Agreement for the sale by Mar- jorie D. Reed and the purchase by the City of Dubuque of the fol- lowing described property: Lots 2 and 3 of the subdivi. sion of Northeast Quarter of Southeast Quarter, Section 1, 630 Special Session, December 17, 1973 Township 88, North Range 2 East of 5th P.M. and Lots 2 and 3 of the subdivi- sion of the Northwest Quarter of Southwest Quarter; and Lots 2 and 3 of the subdivi- sion of the Northeast Quarter of Southwest. Quarter; and Lot 2 of the subdivision of Lot 1 of the Southwest Quar- ter of southwest quarter, all in Section 6, Township 88, North Range 3 East of the 5th P.M.; and; WHEREAS, said real estate is being purchased by the City of Dubuque, Iowa pursuant to and in accordance with the Federal Real Estate Property Acquisition Act, PL 91.646 and its amendments, and the agreed purchase price there- for is the sum of $28,000.00 upon which a down payment has here- tofore been made in the amount of $2800.00; and WHEREAS, the City Council of the City of Dubuque, Iowa does now determine and find that said option to purchase hereinabove re- cited should be exercised. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Soetion 1. That the option to purchase the real estate herein- above described dated December 1, 1972, by and between Marjorie D. Reed, as seller, and City of Dubuque, Iowa as purchaser, be and the same should hereby be exercised. S"tion 2 That the Mayor and City Clerk be and they are hereby directed and authorized to execute the necessary notice of exercise of option and to do any and all things necessary and incidental to the exercise of such option. Passed, approved and adopted this 17th day of December, 1973, Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider levy of special assessment and intention of the Council to issue bonds to pay for construction of part of City of Dubuque 1973 Concrete Paving with Integral Curb, Grand- view Avenue from the S.P.L. of Whelan Street to the S.P.L. of Delhi Street, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Communication of Richard T. Pszanka, as not being opposed to the Grandview Avenue paving projevt, but with the method of computing the amount of the levy, presented and read. Councilman Pregler moved that the petition be received and filed, after hearing from Mr. Pszanka, and that all ob- jections be overruled. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Statement of City Clerk certi- fying that notices of levy were mailed by certified mail on No- vember 21, 1973, to property own- ers of record subject to assess- ment for the construction of Grandview Avenue from the S.P.L. of Whelan Street to the S.P.L. of Delhi Street, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Special Session, December 17 1973 Statement of Ray l;ampson, a member of the Engineering de- partment, certifying that notices of assessment and levy were post- ed in the assessable area of 1973 Concrete Paving project with In- tegral curb being Grandview Ave. nue from Whelan Street to Delhi street on November 28, 1973, pre. rented and read. Councilman Preg. ler moved that the statement be received and filed. Seconded by Councilman Thoma. Carried by the following vote: Yeas — Mayor Bitter, Council. men Justmann, Moldenhauer, Prep. ler, Thorns. Nays --None. RESOLUTION NO. 392.73 Schedule of Assessments Resolved by the City Council of Dubuque. Iowa: That to pay for (part) of City of Dubuque 1973 Concrete Paving with integral curb Project No. 1 Grandview Ave. fmm the S.P.L. of Whelan Street to S.P.L. of Delhi Street, by Flynn Company Inc. contractor in front of and adjoining. the same, a spe- cial tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned; and for the several amounts set oppo- site each lot or parcel of real es- tate, as set forth in the following schedule: Grandview Avenue Concrete Pay. Ing 1973 with Integral Curb Project No. 1 Sarah C. Ruprecht, Lot 4, Stewart's Sub. ..................3727.99 Richard L. & Norma C. Cade, Lot 3, Stewart's Sub. ...................................... 727.99 Richard L. & Norma C. Cade, Lot 2, Stewart's Sub. ..................................... 690.14 Richard L. & Norma C. Cade, Lot 1.1, Stewart's Sub....................................... 1 119.53 Gary & Ann Marie Maurit- zon, Lot 34, Stewart's Sub....................................... 36.84 Gilbert N. & Doris M. Hint - gen, Lot 21, Mineral Lot 149 ........................................ 21.01 Henry Trenkle Est., Lot 20, Mineral Lot 149 ................ 300.31 Henry Trenkle Est., Lot S. 9'1" 1.19, Mineral Lot 149 ........................................ 20.89 John A. & Marlene C. Baumgartner, tat N. 50'- 1.19, Mineral Lot 149 ........ 28.87 6.31 Robert W. & Janaan 1. Bor. ley, Lot 8, Whelan's Sub. 680.52 Daniel H. & Mona L. Arbo- gast, Lot 9, Whelan's Sub. 680.52 Lillian Phillips Eby will), Lot 10, Whelan's Sub........... Lillian Phillip, (by will), Lot8f14•74 - 11, Whelan's Sub ............... 680.52 Adelbert E. & Florence M. Schute, Lot 12, Whelan's Sub....... ....... 680.52 Adelbert E ...................... & Florence M. Schute, Lot 14, Grandview Place... ................................. 725.72 Adelbert E. & Florence M. Schute, Lot 13, Grandview Place.................................. 676.21 Adelbert F. & Florence M. Schute, Lot 12, Grandview Place ............. 671.91 John P. & Marylou Frangos, Lot 11, Grandview Place 669.63 John P. & Marylou Frangos, Lot 10, Grandview Place 666.84 Ed. C. & Madelon M. Tschudi, Lot 9, Grand. view Place ........................ 662.92 Justin J. Conlan cont: Karl & Johann Kenline, Lot 8, Grandview Place .............. 660.64 Leo N. Theisen, Lot 7, Grandview Place .............. 658.36 Leo N. Theisen, Lot 7A, Grandview Place .............. 22.15 Leo N. Theisen, Lot 6, Grandview Place .............. 660.64 I.eo N. Theisen, Lot 6A, Grandview Place .............. 21.77 John W. & Grace M. Riley, Lot 5, Grandview Place 662.92 John W. & Grace M. Riley, Lot 4, Grandview Place 666.84 Evangeline K. Jansen, Lot 4, Grandview Place ....... 669.63 Evangeline K. Jansen, Lot 3, Grandview Place ........ 674.06 James J. & June E. Kelly, Lot 1, Grandview Place .... 890.05 Victor W. & Violette E. Nel- son, Lot 1-2-1, Mineral Lot 145 ...................................... 902.84 Raymond P. & Helen M. Miller, Lot 2, Bergquist Place .................................. 124.33 Albert L. & Elsie M. Ander- son, Lot 1.2, Dodge Street Place .................................. 275.50 Marlene & Robert J. Kief- fer, B. Smothers & Thomas J. Kieffer, Lot 2.1, Dodge Street Place $906.89 The Church of Christ, Lot 1-1, Dodge Street Place 869,04 632 Special Session, December 17, 1973. Susan R. Huehnergarth, Lot S. Bal. 1-4-1, Mineral Lot. 150 ......................................1,145.80 ThomasJ. & Darlene A. Smith, Lot 2.4-1, Mineral Lot 150 ................................ 11.52 Esther Vandervate (surviv- vivor), Lot. 1, McClain's Sub....................................... 859.92 Susan R. Huehnergarth, Lot 2-2, McClain's Sub. .......... 10.51 Thomas J. & Darlene Smith, Lot. 1.2, McClain's Sub. 193.33 Thomas J. & Darlene Smith, Lot 3, McClain's Sub. ...... 119.26 Mich. & Hazel E. Hrynkow, Lot 4, McClain's Sub. .... 73.81 Lawrence N. Clemen, Lot 5, McClain's Sub . ............ 50.52 Wm. G. & Marie D. Tranel, I.ot 6, McClain's Sub. ...... 24.31 John & Mamie Mahoney, Lot 1-1.2.1, Mineral Lot 150 ...................................... 754.96 Rose M. Foley, Lot 2-1-2-1, Mineral Lot 150 ............ 493.39 Rose M. Foley, Lot 2-1-1-16, McClain's Sub . .................. 15.19 Rose M. Foley, Lot 2-2-1-16, McClain's Sub . .................. 25.83 Tasso & Nodie Efferding — Life Est. George E. Traut, Lot 1-1-2-1-16, McClain's Sub ....................................... 936.52 Tasso & Nodie Efferding — Life Est. George E. Traut, Lot 2.1-1-1-16, McClain's Sub ..................................... 104.20 Tasso & Nodie Efferding — Life Est. George E. Traut, Lot 1-16-B, McClain's Sub ..................................... 411.48 Charity M. Roedell, Lot 1-2-16-B, McClain's Sub..... 35.07 Judith L. Uze Wenzel, Lot 4, Plaza Court .................. 389.95 James L. & Florence F. George, Lot 5, Plaza Court 81.66 .lames T. & Margaret A. O'Connor, Lot 3, Plaza Court .................................. 102.81 Miles J. & Virginia J. Orton, Lot 2, Plaza Court ........ 95.59 Richard R. & Carol Lou Reiter, Lot 1, Plaza Court 147.12 John J. & Irene C. Powers, Lot 2-13, Wallis Heights.... 354.50 Ben Loetscher, Lot 1, Wallis Heights ................................ 547.82 Ben Loetscher, Lot 2, Wallis Heights .............................. 579.61 Ben Loetscher, Lot S%-3, Wallis Heights .................. 291.2( David J. & David J. Jr. Saunders, Lot Nth, -3, Wallis Heights ................ 291.07 David J. & David J. Jr. Saunders, Lot 5.31.33'-4, Wallis Heights .................. 388.18 Alfred E. & Marilyn Hughes, Lot N.15.67'-4, Heights ................................ 194.09 Alfred E. & Marilyn Hughes, Lot 5, Wallis Heights .............................. 582.27 Alfred E. & Marilyn Hughes, Lot 2-6, Wallis Heights .............................. 152.82 Robert P. & Betty Kenline, Lot 1-6, Wallis Heights .... 429.45 Robert P. & Betty Kenline, Lot 7, Wallis heights .... 582.27 Robert P. & Betty Kenline, Lot 2-8, Wallis Heights .... 50.90 Robert P. & Betty Kenline, Lot 2.1-8, Wallis Heights 185.73 Robert P. & Betty Kenline, Lot 5.10'-1-1-8, Wallis Heights ................................ 113.95 Meyer & LibbieMarmis, Lot N.25'-1-1-8, Wallis Heights .............................. 231.69 Meyer & Libbie Marmis, Lot S%-9, Wallis Heights 291.07 Meyer & Libbie Marmis, Lot N%-9, Wallis Heights 291.07 Meyer & Libbie Marmis, Lot 1-10, Wallis Heights 516.05 Charity M. Roedell, Lot 2-10, Wallis Heights ........ 65.71 Charity M. Roedell, Lot 11, Wallis heights .......... 550.11 Charity M. Roedell, Lot 1-12, Wallis Heights ........ 458.45 Nodie Efferding Life Est. George Traut, Lot 2-12, Walls Heights ................ 130.41 Ind. School District, Lot Pt. 1-1-1 & 2, Sisters Ad - tion...................................... 42.92 Ind. School District, Lot Vacated Dodge St. .......... 302.21 Ind. School District, Lot Pt. 2-43, Quigleys Sub, of Mineral Lot 157 .............. 505.42 Ind. School District, Lot 1-111-1.1, Sub, of Lots 41, 42 & 1-43 ..................$1,570.06 Ind. School District, Lot 2-1-1-1, Sub. of Lots 41, 42 & 1-43 .......................... 116.61 Ind. School District, Lot 2.1.1-1-1.1, Sub. of Lots 41, 42 & 1-43 .................... 134.08 Ind. School District, Lot 2-1.1.1-1, Sub. of Lots 41, 42 & 1-43 .......................... 245.49 Special Session, December 17, 1973 g33 Ind. school District, Lot 2-1, Sub, of Lots 41, 42 Stanley R, & Eleanor A & 1-43 ............................. 778.51 Iiiseler, Lot 17, Hodge's Sub. No. 2 Ind. School District, Lot Donald B. ..... .. .893.98 & Maarioriar. n 1.2, Sub. of Lots 41, 42 & a ring, Lot 18, Hodge's Sub. 1-43 ............................ . 871.08 ub. 2 Ind. School District, Lot ............ Marion Marion &Margaret 85.71 2-2, Sub. of Lots 41, 42 ret M. Van Pelt, Lot 19, Hodge's & 1-43 ................................ 680.52 Sub. No. 2 Ind. School District, Lot .,....... Marion & M "n M. Van ' 2-1-1, Sub. of Lots 41, 42 pelt Lot 20 20. Hodge's & 1-43 ................................1,116.05 Ind. School District, Lot Sub. No. 2 .,........................ Eugene H. & Ge'rda Chap - 28.61 44, Quigleys Sub. of Min- Pell, Lot 31, Hodge's Sub. eral Lot 157 ...................... 91.41 No. 2 .................................. 11.14 Ind. School District, Lot Wilfred F. & Inez P. Lyons, 1.1.1.40, Quigleys Sub. of Lot 1-32, Hodge's Sub. Mineral Lot 157 ............. . 841.44 No. 2 .................................. 42.16 Clara Osborn A/K/A Clara Terence J. & Carol O'Rourke, Osborne, Lot 5.40'•2-40, Lot 2-32, Hodge's Sub. Quigleys Sub. of Mineral No. 2 ................................. 2.28 Lot 157 .............................. 543.53 Terence J. & Carol O'Rourke, Kenneth J. & Helen M. Sul- Lot 33, Hodge's Sub. No. livan, Lot N.40'-2-40, Quigleys Sub. of Min. 2 .......................................... Gerald L. & Patricia A. 65.96 eral Lot 157 .................... 563.78 Dodds, Lot 1.1-2.1-2, Caro. Clara Osborn A/K/A Clara line Boxleiter Sub........... 941.33 Osborne, Lot S.40'-2-1-40, Ivan E. & Anita M. Wolf, Quigleys Sub. of Mineral Lot 2.1-2.1-2, Caroline Lot 157 .............................. 90.27 Boxleiter Sub. .................. 39.38 Kenneth J. & Helen M. Sul- Ivan E. & Anita M. Wolf, livan, Lot N.40'-21-40, Lot 1.1-1-2, Caroline Box- Quigleys Sub. of Minerla leiter Sub . ........................ 238.15 Lot 157 .............................. 109.77 Gerald L. & Patricia A. Mettel Realty & Inv. Co. Dodds, Lot 2.2.1-2, Caro - cont: Herting & Schaefle, line Boxleiter Sub. ........ 769.65 Lot 5, Sub. of Lots 38 & Raymond J. & Elsie E. Un - 39 ........................................ 805.73 sen, Lot W% -I.1, Mink's Paul F. and Julie Miller, Subdivision ........................ 114.45 Lot 4, Sub. of Lots 38 & Wm. E. & Erelene Biaser, 39 ........................................ 784.34 Lot E%-1-1, Mink's Sub - William A. & Mary Jo Gu- division .............................. 8.74 lick, Lot 3, Sub. of Lots Raymond J. & Elsie E. Un - 38 & 39 .............................. 768.51 sen, Lot 1.2, Mink's Sub - Dorothy V. Greenawalt, Lot division ................................ 93.06 2, Sub. of Lots 38 & 39.... 748.25 Wm. E. & Erelene Blaser, Ruth M. Yates, Lot 1, Sub. Lot 2.2, Mink's Subdivi- of Lots 38 & 39 .............. 723.94 stop ..................... ................. 22.03 Lois C. & Rebecca Jo Ley Gerald L. & Patricia Dodds, tem, Lot 6, Sub. of Lots 175.61 Lot NAT -NAT -2.3, Box- ........................ 38 & 39 . , leiter's Subdivision .......... 1 54.21 Thumas J. & Donna H. Evelyn Mary Oneyear, Lot 7, Sub. of Richard, 2 39 Tats 38 & 39 101.54 S.5' -N.18'-2-3, Boxleiter's ...................... Subdivision ....................... 6`1.80 Robert J. & Ilene M. Lam Evelyn Mary Oneyear, Lot mer, l.ot 8, Sub. of Lots 48-62 5,40'-2.3, Boxleiter's Sub - 38 & 39 .............................. division 502.25 Dr, Clarence 0. & Emily Raymond J. & Elsie E. Un - R. Nesler, Lot 1-1, Quig- sen, Lot 1-1.3, Boxleiter's legs Sub. of Mineral Lot .................... Subdivision .. 83.18 157 ......................................1,208,83 Raymond J. & Elsie E. Un - James 'T. &Mary M. Arent, sen, Lot 1-2-1-3, Boxlei- Lot 2.1, Quigleys Sub. of ter's Subdivision .............. 81.03 Mineral Lot 157 ..............1,182.'26 Special Session, December 17, 1973 Wm. E. & Erelene Blascr, Lot 2-2.1-3. Boxleiter's Subdivision 16.71 Steven W. & Susan K. Bruse, Lot 2-1-1-4, Boxlei- ter's Subdivision .............. 678.36 C. Robert & Leone N. Daack, Lot 2-1.4, Boxlei- ter's Subdivision .............. 997.54 Kenneth E. & Nancy L. Steffen, Iot W.216'-5, Boxleiter's Subdivision .... 93.82 Ralph L. Gatena, Lot E.15'- 5. Boxleiter's Subdivision 1.01 Ralph L. Gatena, Lot 6, Boxleiter's Subdivision .... 43.55 Kenneth E. & Nancy L. Stef- fen, Lot N,35'9" -W.216'-3 C. Boxleiter's Sub. .......... 546.95 David L. & Electa A. Van- DeGejuchte, Lot 5.40'-W. 216'-3, C. Boxleiter's Sub. 625.06 R31ph L. Gatena, Lot E.15'- 3, C. Boxleiter's Sub. .... 11.90 George M. & Audrey J. Hen- son, Lot 1-1-7, Mineral Lot 158 ................................ 850.17 Richard J. & Lani M. Pszan- ka, Lot 1-1-2-7, Mineral Lot 158 ..............................1,517.52 Donald W. & Bertha Voelz, Lot 2.2-1-2-7, Mineral Lot 158 ........................................ 221.18 Donald W. & Bertha Voelz, Lot 1-2-1-2-7, Mineral Lot 158 ........................................ 27.98 Donald W. & Bertha Voelz, Lot 2-2-2.7, Mineral Lot 158 ........................................ 756.48 Donald W. & Bertha Voelz, Lot 1-2-2-7, Mineral Lot 158 ....................................... 93.69 Wm. R. & Kathryn M. Ha- ber, Lot 1-1, Philips Sub- division .............................. 642.03 Lyle J. (und, 1/2) & Esther M. Schroeder (und. '/i ), Lot 2, Philips Subdivi- sion ....................................1,014.13 John J. & Mary C. Shana- han, Lot 3, Philips Sub- division ..............................1,014.13 George Saffran, Lot 4, Phil- ips Subdivision ................1,015.52 Harriett & J. A. Armstrong, Lot 2-1-8, Mineral Lot 158 ......................................1,439.66 Alfred G. & Charles Doug- las Hincker, Lot 2-1, Phil- ips Subdivision 78.24 Alfred G. & Charles Doug- las Hincker, Lot 5, Phil. ips Subdivision ................1,151.1'2 LaVerne F. & Dorothy H. Benz, Lot 6, Philips Sub- division ..............................1,311.66 George & Amy M. Masters, Lot 7, Philips Subdivision 173.20 Vernon Edward & Helen I. Schlung, Lot 1-1.1-2.30, Anne O'Hares Sub. .......... 950.70 William J. & William J. Jr. Kelly, Lot 2-1-1.2-30, Anne O'Hares Sub ....................... 194.72 Lillian M. Lindecker, Lot 2- 1-2-30, Anne O'ILares Sub. 107.87 Lawrence N. & Thelma Cle- men cont: Eugene E. & Janice L. Irmen, Lot 1.30, Anne O'Hares Sub. ........1,310.64 Franklin A. & Cora B. Ames, Lot 1-1-29, Anne O'Hares Sub . .................... 944.87 Arnold E. Loetscher, Lot 1- 2-1-29 w/abutting 8' drive- way, Anne O'Hares Sub ... 1,338.75 Harlan F. L.oibl cont: Ed- ward L. & Marjean Gan - sen, Lot 2-2.1-29, Anne O'Hares Sub . .................... 153.96 Raymond Faust, Lot 2-29, Anne O'Hares Sub. .......... 112.81 Carl & Margt. Hocking, Lot 1, Hodges Subdivision #2 65.08 Warren & Marilyn E. Hig- gins (L.E. - Mary O. Hig- gins), Lot 2, Hodges Sub- division #2 ........................ 48.11 William P. & Mary K. Col- lins, Lot 16, Hodges Sub- division #2 ........................ 50.77 William P. & Mary K. Col- lins, Lot 15, Hodges Sub division #2 ........................ 16.33 Grandview Ave. Methodist Church, Lot 1-1, Hodges Subdivision #2 ................1,562.59 Grandview Ave. Methodist Church, Lot 2-1, Hodges Subdivision #2 .................. 98.37 Iyla R. Ball, Lot 2, Hodges Subdivision #2 .................. 617.34 Michael & Rosina Pusateria, Lot 3, Ilodges Subdivi- sion #2 .............................. 598.73 Eugene E. & Laverne Doris Jackson (und. %) May W. Denlinger (und. arc), Lot 4, Hodges Subdivision #2 587.33 Robert J. Lundin, Lot 5, Hodges Subdivision #2 .... 557.71 Roebrt J. & Kauko Crippes, Lot 6, Hodges Subdivision #2 ........................................ 127.62 Harvey A. & Diane J. Duve, Lot 7, Nudges Sub- division #2 ........................ 70.90 Special Session, December 17, 1973 635 Sylvester M. & Jean A. Ste- ger, Lot 8, Hodges Sub- division 02 ........................ 40.26 Orval V. & Betty J. Rob- erts, Lot 9, Hodges Sub- division #2 ........................ 8.61 Frederick W. do Janet M. Blum, Lot 17, Hodges Subdivision #2 .................. 63.56 John L. & Kathryn A. Dean, l.ot 16, Hodges Subdivi- sion#2 .............................. 44.95 Joseph L. & Theresa Ret- i tenmeier, Lot 15, Hodges Subdivision 02 ................ 15.45 . Adams Realty Corp., Lot 1. Grandview -Delhi St. Place ..................................1,486.78 Adams Realty Corp., Lot 1.2, Grandview -Delhi St. Place.................................... 325.13 The Finley Hospital, I at Lot 2.2, Grandview -Delhi Place.................................. 2.79 The Finley Hospital, Lot 2.1.1.2-2, Boxleitees Sub- division .............................. 128.73 The Finley Hospital, Lot 11.1-2-2, Boxleiter's Sub. division .......... ................... .M-02 The Finley Hospital, Lot 1.1, Boxleitees Subdivi• cion...................................... 868.8E The Finley Hospital. Lot 2.2.2, Boxleiter's Subdivi- sion...................................... 229.41 Julian G. Nemmers M.D. & James A. Pearson M.D., Lot 2, Sidonia Hosfords Sub....................................... 744.71 Julian G. Nemmers M.D. & James A. Pearson M.D., Lot 3, Sidonia Hosfords Sub ............. 744.71 ......................... Adams Realty Corp., Lot N. 25'.4, Sidonia Hosfords Sub. ...................................... 372. Edmund & Flizabet.h Ann Siegert, Lot S-25'•4, Sides 372 nia Hosfords Sub ............. Edmund & Elizabeth Ann Siegert, I.ot N.105'-5, Si- donia Hosfords Sub. ...... 1,563.8 The Finley Hospital. Lot S.55'-5, Sidonia Hosfords Sub ................... ... 819.4 The Finley Hospital, Lot 1-1, Finley Horne Addi- tion...................................... 28.87 85,467.62 All of which is assessed in pro- portion to the special benefits con- ferred. 2,000 cu. yd. Excavation (unclassified) @ $2.00....$4,000.00 •5,512 cu. yd. Excavation (unclassified) @ $2.00....11,024.00 011,024 sq. yd, Concrete class "A" 8" thick @ $8.50 ................................93,704.00 7,048 sq. yd. Concrete class "A" 8" thick @ $8.50 ............... _............... 59,90800 3,000 tons V' base stone @ $4.00 ..........................12,000.00 $11,491 tons 3'4" base stone @ $4.00 ................45,964.00 6,256 sq. yd. Macadam and subbase removal @' $0.50 ................................ 3,128.00 19,785 sq. yd. Macadam and subbase removal Ca' $0.50 ................................ 4,892.50 6 no. of Manholes brought to grade C' $50 -DO 300.00 6 no. of Manhole ring and covers G $65.00 .......... 890.00 6 no. of Catch basins sin- gle type 101-B C1 $600.... 8,600.00 •6,448 sq, yd. Sod and curb backfill in place Ia, $1.50 ....._.. . ............. 9,672.00 •54 tons Asphaltic, con• Itrete surface course °@ 2,700.00 $50.00 ............................ "10,114 sq. ft. 4" side. walk remove and re -15,171.00 place @' $1.50 ............... •5,983 sq. ft. 6" drives re- move and replace @ $1.50 8,974.50 '435.7 lin. ft. 5" plastic 1,307.10 35 pipe in place @ .980.9 lin. ft, 1,'4" con- 1177.08 duit @ $1.20 .................. •22 no. of Luminar-bulb and adaptor tn' $190.00 4,180.00 6 +3,364 lin. ft. 12/2 with ground UF. 800 wire . 1,818.58 $0.54 ................................ The 6, Finley Sidonia Hospital, Hosfords Lot Sub. 669.63 The Finley Hospital, Hosfords Lot Sub. 201.94 7, Sidonia •41 no. falo boxes @ $"•00 .... 1025.00 The Finley Hospital, Lot Sub..... 815.10 1.2.2• C. BoXlelters The Finley Hospital, Lot Sub. 13.42 2-2.2^2, C. ROKleiters • 7 no. 01 au...,..... --- head @' fuses w-ather 560.00 $80.00 ............................. "2,270 lin. ft. Trenching backfill @ $1.00 • •• 2,270.00 and so Move sprinklen @ 0.00 _ ........ of Clean out bef' •41 no. falo boxes @ $"•00 .... 1025.00 636 Special Session, December 17, 1973 *10 no. of Concrete poles 3,750.00 I —new @$375.00 ....... *5.5 lin. ft. Manhole side- 165 00 wall @ $30.00 ................ *1 no. of Manhole bases 100.00 $100.00 *330.5 lin. ft. 15" R.C.C.P. 4,627.00 $14.00 .. *843.6 lin. ft. 18" R.C.C.P. @ $15.00 ..........................12,654.00 *1 no. of Catch basin— double 104-B @' $750.00 750.00 *1 no, of Catch basin— single 101-A Cn $750.00 750.00 *3 no, of Catch basin re- moval @ $100.00 ............ 300.00 *13 no. of Water valves brought to grade 1 $25.00. 325.00 ............................. *1 no. of Extra repair manhole @ $375.00 ..... 375.00 *10,569 lin. ft. Curb and gutter and drive remov- al @ $1.00 ......................10,569.00 *Lump Extra wiring for underground service @ Lump................................ 292.04 Total ..........................322,420.78 *City Share ..............239,094.78 Assessed .................... 83,326.00 Less Sales Tax Refund 4,332.95 78,993.05 Interest 5% for 52 days ........................ 601.80 Extra Expense ........ 5,872.77 Total Assessed Amt. 85,467.62 Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk ment bonds in the amount of S85,467.62, for the purpose of pay- ing the cost of City of Dubuque 1973 Concrete Paving with Inte- gral Curb Project No. 1 (part) Grandview Avenue from the S.P. L. of Whelan Street to the S.P.L. of Delhi Street, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of notice of hearing on a proposal to author- ize the issuance of Street improve- RESOLUTION NO. 393.73 Resolution providing for the purpose of providing for the payment of the assessed cost of City of Dubuque 1973 Con- crete Paving with Integral Curb Project No. 1 — Grand- view Avenue from the S.P.L. of Whelan Street to the S.P.L. of Delhi Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $85,467.62 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 Concrete Pav- ing with Integral Curb Project No. 1 — Grandview Avenue from the S.P.L. of Whelan Street to the S.P.L. of Delhi Street, there shall be issued street Improvement Special Session, December 17, 1973 ---------- R37 bonds in the amount of $85,000,00 Dollars in anticipation of the de• ferred payment of assessments lev. ied for such improvement.. 2. Such bonds shall be called street improvement bonds; and shall bear the date of January 17, 1974; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series No., Bond No., Denomina- tion, Maturity: 1-1.17, $500.00, April 1. 1974. 2-18-34, $500.00, April 1. 1975. 3--3551, $500.00, April 1, 1978. 4---52-68, $500.00, April 1, 1977. 5---69-85, $500.00, April 1, 1978. 6-86-102, $500.00, April 1. 1979. 7-103-119, $500.00, April 1. 1980, 8-120.136, $500.00, April 1, 1981. 9--137-153, $500.00, April 1, 1982. 10--154-170, $500.00, April 1, 1983. 3. Said bonds shall bear interest at the rate of six per cent per an- num, payable annually in accord- ance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo . ................................. I.......... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hundred dollars with interest at the rate of six per cent per annum, pay- able anually, on the presentation and surrender of the interest cou- pons hereto attached. Both prin- cipal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bonds is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 17th day of December, 1973, being Res- olution No, 393-73. This Bond is one of a series of 170 bonds, all for $500.00 num- bered from 1 through 170 all of like tenor and date, and issued for the purpose of providing for the deferred pavment of assessments levied for the City of Dubuque 1973 Concrete Paving with Integral Curb Project No. 1 — Grandview Avenue from the S.P.L. of Whelan Street to the S.P.L. of Delhi Street as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop. erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1297 created by the collect tion of said special tax, and said fund can be used for no other Purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap• pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF of the City o: Dubuque by its Coun- cil has caused this bond to be signed by its Mayor and counter- signed by its City Clerk and the Seal of said City to be thereto af- fixed, this 17th day of December, 1973. (SEAL) (Form of Coupon) On the .......... day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of .......... I ........ , Dollars, in the office of the City Treasurer in the City of Dubuque, being .......... months' interest due that date on its .......... Bond No........... dated ..................... Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared 9. That as fast as funds allow, beginning with the second year after the payment of interest due, 638 Special Session, December 17, 1973 these bonds shall be called and re- tired in the same order as num- bered. The notice of election to call these bonds shall be given by Regular United States Mail ad- dressed to the last known address of the purchaser. 10. Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1297 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma• yor and countersigned with the fac- simile signature of the City Clerk. following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. October 4, 1973 To the Honorable Mayor and City Council I hereby submit the attached sheets No. 1 to 2 inclusive show. ing a schedule of the proposed valuations and assessments for the construction of the East 4th Street Extension Sanitary Sewer -1973. John L. White City Engineer Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Moldenhauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 39473 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached 1 to 2 inclusive, are hereby deter- mined to be the schedule of pro. posed assessments for CITY OF DUBUQUE 1973. EAST 4TH STREET EXTENSION SANITARY SEWER, and the valuations set out therein, are hereby approved. Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor Walter A Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest. Leo F. Frommelt City Clerk Councilman Thoms moved adop• tion of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas — Mayor Bitter, Council- men Juatmann, Moldenhauer, Preg. ler, Thoms. Nays --..None. RESOLUTION NO. 395.73 Approval of preliminary plans, specifications, form of contract plat and all other documents for the construction of East 4th Street Extension Sanitary Sewer 1973, in an estimated amount of $17,891.10, presented and read. Councilman Moldenhauer. Car- ried by the following vote: Yea's --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. (Necessity for Improvement) RESOLUTION NO. 396.73 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre - Pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any, 2. The size and kind of sewers. Special Session, December 1.7, 1973 - _ (339 3. Each lot proposed to be. as. sessed toegther with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. in each case the amount thereof which is estimated to be assessed against each lot, for the East 4th Street Extension Sani. tary Sewer -1973. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 17th day of December, 1973. Approved and placed on file for final action. Approved: Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved ap- proval of the resolution. Seconded by Councilman Moldenhauer. Car. ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. (Fixing dah of hearing) RESOLUTION NO. 397.73 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 395-73 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the East 4th Street Extension Sanitary Sewer - 1973 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT TIIEREFOR.E RESOLVED that on the 21st day of January, 1974, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec. tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks 640 Special Session, l3ccemb'r 17, 1973 prior to the day fixed for its con- sideration and unless property owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed as- sessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F, Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Moldenhauer. Car- ried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 398-73 WHEREAS, the City Council did cause plans to be made for the renovation of the city hall build- ing and the preservation of its histori^ design; and WHEREAS, the City Council did determine that the expense of the proposed construction would, in part, be paid from the proceeds of the sale of general obligation bonds and to this end did call an election on the proposition; and WHEREAS, a Citizen Committee organized to present to the pub- lic the plan, the ideas and the facts of the proposed city hall reconstruction; and WHEREAS, the members of this Committee for City Hall Recon- struction did expertly and coura- geously present the proposed plan to the public. NOW, THEREFORE, BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa does hereby acknowledge and recog- nize the valuable assistance ren- dered by the Citizens Committee for City Hall Reconstruction and does hereby express their thanks to each of these fine citizens. Section 2. That the City Clerk be. instructed to send a copy of this resolution to each member of the committee. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 399-73 Authorizing the Execution and Delivery of Deed to Investment Planning, Inc. for Sale of Land in the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of De- cember 6, 1973, the City of Du- buque and Investment Planning, Inc. entered into a Contract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelopment; and WHEREAS, Investment Planning, Inc. has complied with the condi- tions of said Contract and has re- quested the City of Dubuque exe- cute and deliver to them a Deed for the land described herein be- low in the name of Invstment Plan- ning, Inc.; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Investment Planning, Inc. for the sale of Disposition Parcel 4 of Block 7 in the Downtown Urban Project, Iowa R-15, legally de- scribed as Block 8 in Dubuque Down- town Plaza in the City of Dubuque, Iowa, containing 5,463.29 square feet. Jh 9 Special Session, December 17, 1973 641 SECTION 2. That the Director of the Department of Housing and i Redevelopment is hereby autho- rized and directed to deliver said Deed to Investment Planning, Inc., of $16,717.67 on the basis of $3.06 upon receipt of the purchase price per square foot. Passed, approved and adopted this 17th day of December, 1973, Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms C. Robert Justmann Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Pregler, Thoms. Nays—Councilman Moldenhauer. RESOLUTION NO. 400-73 Authorizing the Execution and Delivery of Deed to R & S Enterprises, Inc. for Sale of Land in the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of De- cember 11, 1973, the City of Du- buque and R & S Enterprises, Inc. entered into a Contract for the Sale of Land in the Downtown Ur- ban Renewal Project, Iowa R-15, for private redevelopment; and WHEREAS, the property to be conveyed hereunder has been pre- viously incorrectly described in Resolution No. 331.73, Resolution No. 362-73, and the said Contract for the Sale of Land recorded as Instrument No. 10075-73 as I.ot 3 of Block 6, except the North 15 feet thereof and except the South 65 feet thereof; and Lot I of Block 6 * * * instead of Lot 1 of Block 6, except the North 15 feet there. of and except the South 65 feet thereof; and Lot 3 of Block 6 * ' and WHEREAS, iEREAS, R & S Enterprises, Inc. has complied with the condi- tions of said Contract and has re- quested the City of Dubuque to execute and deliver a Deed for the land described herein below; now therefore BE IT RESOLVED BY TiIF CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to R & S Enterprises, I.nc. for the sale of Disposition Parcel IA in Block 1 in the Downtown Urban Renewal Project, Iowa R-15, legally described as Lot 3 of Block 6, except the North 15 feet thereof and ex. cept the South 65 feet thereof; and Lot 1 of Block 6 in Du. buque Downtown Plaza in the City of Dubuque, Iowa, con- taining 7,969.929 square feet. SECTION 2. That the real es- tate described in Section 1 hereof is the same and identical real es. tate incorrectly set. forth in Reso- lution No. 331-73, Resolution No. 362.73, and the Contract of Sale recorded as Instrument No. 10075- 73 as Lot 3 of Block 6, except the North 15 feet thereof and ex- cept the South 65 feet thereof; and Lot 1 of Block 6 in Dubuque Down- town Plaza in the City of Dubuque, Iowa. SECTION 3. That the Director of the Department of Housing and Redevelopment is hereby autho- rized and directed to deliver said Deed to R & S Enterprises upon receipt of the purchase price of $19,924.82 on the basis of $2.50 per square foot. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 401-73 Authorizing the Execution and Delivery of Deed to Ecumeni- cal Housing, Inc. for Sale of Land in the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of De- cember 12, 1973, the City of Du- buque and Ecumenical Housing, Inc. entered into a Contract for 642 Special Session, December 17, 1973 the Sale of Land in the Down- town Urban Renewal Project, Iowa R-15, for private redevelopment; and WHEREAS. Ecumenical Hous- ing, Inc. has complied with the conditions of said Contract and has requested the City of Du- buque execute and deliver to them a Deed for the land described herein below in the name of Ecu- menical Housing, Inc.; now there- fore BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Ecumenical Housing, Inc. for the sale of Disposition Parcel 9 of Block 8 in the Downtown Urban Renewal Project, Iowa R-15, legal- ly described as Lot A and Lot 2 of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 12,813.2294 square feet. SECTION 2. That the Director of the Department of Housing and Redevelopment is hereby author- ized and directed to deliver said Deed to Ecumenical Housing, Inc., Dubuque, Iowa, upon receipt of the purchase price of $52,406.11 on the basis of $4.09 per square foot. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas ---Mayor Bitter, Council men Pregler, Thoms. Nays — Councilmen Justmann, Moldenhauer. RESOLUTION NO. 402-73 Accepting Delivery of Deeds for the Downtown Urban Re- newal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- rection of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That delivery of deeds to the City of Dubuque for the following described parcel of real estate in the Downtown Ur- ban Renewal Project, Iowa R-15, is hereby ratified and accepted by the City of Dubuque. Grantor: William K. Stevens and Anne H. Stevens. Deed dated July 16, 1973. Recorded 7190-73. Prop- erty Description: The Southerly 21.3 feet of City Lot 23 in the City of Dubuque, Iowa (Parcel 8-3) Grantor: First National Bank of Chicago, William K. Stevens. Deed dated July 16, 1973. Recorded 7189-73. Property Description: The Southerly 21.3 feet of City Lot 23 in the City of Dubuque, Iowa. (Par- cel 8.3) Grantor: Margaret L. Madsen and Donald H. Madsen. Deed dated June 5, 1973. Recorded 7191-73. Property Description: The North- erly 42.8 feet of Lot 23 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the survey of the Town of Dubuque, Iowa. (Parcel 84A) Grantor: William Bradley Lewis and Grace Lewis. Deed dated June 5, 1973. Recorded 7192.73. Property Description: The Northerly 42.8 feet of Lot 23 in the City of Du- buque, Iowa, according to the United States Commissioners' Plat of the survey of the Town of Du- buque, Iowa. (Parcel 84A) Grantor: Geoffrey C. Bain, Sr. Deed dated July 2, 1973. Recorded 7193-73. Property Description: The Northerly 42.8 feet of Lot 23 in the City of Dubuque, Iowa, ac- cording to the United States Com- missioners' Plat of the survey of the Town of Dubuque, Iowa (Par- cel 8-4A) a Special Session, December 17, 1973 843 Grantor: Mary B. Chalmers and Edward L. Chalmers. Deed dated June 30. 1973. Recorded 7194-73, Property Description: The North- erly 42.8 feet of 1,ot 23 in the City of Dubuque, Iowa, according to the United States Commission. ers' Plat of the survey of the Town of Dubuque, Iowa. (Parcel 84A) Grantor: Allan J. Carew. Deed (fated September 7, 1973. Record- ed 7195.73. Property Description: The Northerly 42.8 feet of Lot 23 in the City of Dubuque, Iowa, ac- cording to the United States Com. missioners' Plat of the survey of the Town of Dubuque, Iowa. (Par- cel 8-4A) Grantor: Frank Hardie Advertis. ing, Inc. Deed dated September 21, 1973. Recorded 7720-73. Property I>escription: Lot 14 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the survey of the Town of Du. buque, Iowa. (Parcel 14-7 Grantor: Iowa Oil Company. Deed dated December 7, 1973, Re. corded 9961-73. Property Descrip- tion: Lots 93 and 94 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the Survey of the Town of Dubuque, Iowa. (Parcel 15.4) SECTION 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Re- corder in and for Dubuque County, Iowa. Passed, approved, and adopted this 17th day of December, 1973. Joseph J. Bitter i Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Lew F. Frommelt City Clerk Councilman Pregler moved adolr tion of the resolution. Seconded by Councilman Thorny. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays --None. To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1973 Asphalt Pav- ing Project No. 1, University Ave. nue from the W.P.L. of McCormick Place to the E.P.L. of Gilliam Street has been completed in ac- cordance with the Citv of Dubuque Plans and specifications. The above named project is also referred to as Topics Project No. T-735-7.(3}_ 46-31. I, therefore, reomend the accept- ance of the above named project. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Bit. ter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. FINAL ESTIMATE RESOLUTION NO. 403.73 WHEREAS, the contract for the City of Dubuque 1973 Asphalt Pav- ing Project No. 1—University Ave- nue from the W.P.L. of McCormick Place to the E.P.L. of Gilliam Street. Topics Project No. T-735- 743)-46-31 has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be ;168,232.51. That $18,379.29 of the cost there- of shall be assessable upon pri- vate property and $149,853.22 shall be paid from the R.U.T. Fund of the City of Dubuque. Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: I,eo F. Frommelt City Clerk Councilman Pregler in adop- tion of the resolution Seconded by 644 Special Session, December 17, 1973 Mayor Bitter. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays --None. (A Resolution Accepting improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 404-73 WHEREAS, the contract for the City of Dubuque 1973 Asphalt Pav- ing Project No. 1—University Ave- nue from the W.P.L. of McCor. mick Place to the E.P.L. of Gil- liam Street. Topics Project No. T- 735-7-(3)-46-31 has been complet- ed and the City Manager has ex- amined 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 Council 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 and the City Engineer be and is hereby direct- j ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. Communication of Dubuque County Metropolitan Area Plan- ning Commission submitting Arti- cle of agreement for the East- Central Intergovernmental Asso- ciation and a resolution adopting said articles, presented and read. Councilman Moldenhauer moved approval of the articles of agree- ment. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 405.73 WHEREAS, the several commu- nities and County Boards of Su- pervisors in Sub -State District VIII have become increasingly aware and concerned over the problems of local government and providing adequate services to their citizens; and WHEREAS, that it is recognized that by joining together to plan and program for this area will provide for the mutual benefit of these local governments and their citizens; and WHEREAS, the attached Arti- cles of Agreement have been for- mulated under Chapter 28E and Chapter 473A, Code of Iowa, 1966 and recommended to this agency; NOW, THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: That this Resolution serve as this commun- ity's acceptance of the Articles of Agreement as attached hereto; BE IT FURTHER RESOLVED, that the Mayor and City Clerk be, and they are hereby authorized and directed, to execute said agreement for and on behalf of Dubuque, Iowa. AND BE IT FURTHER RE- SOLVED, that this Resolution be made a matter of public record. J1 Sped8J Session, December 17, 1973 645 Passed, adopted and approved this 17th day of December, 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second. ed by Councilman Pregler. Carried by the following vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 406.73 WHEREAS, the MAJ'OR'S IN- DUSTRIAL COMMITTEE, com- posed of Joseph J. Bitter, Mayor, William McEllhiney, Chairman of the Dock Board, and Robert Dor. othy, Manager of Dubuque Indus- trial Bureau, recommended on Au- gust 6, 1973 to the City Council of the City of Dubuque, Iowa that the application to purchase certain city -owned real estate by United Parcel Service of Omaha, Nebras- ka for the purpose of constructing and erecting thereon a building containing approximately 10,000 square feet be approved and, thereafter, on December 6, 1973 said application was amended; and WHEREAS, the City Council of City of Dubuque, Iowa has exam- ined said amended application and said recommendation by the MA- YOR'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 United Parcel Service of Omaha. Nebras- ka is described and known as: Lot 1 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot One of Block 5, "River Front Subdivision No. 3," in the City of Dubuque. Iowa, containing 2.052 acres more or less. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Sieetion 1. That the application as amended of United Parcel Ser- vice of Omaha, Nebraska 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 I of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot One of Block 5, "River Front Subdivision No. 3," in the City of Dubuque, Iowa, containing 2.052 acres more or less. Be and the same is hereby ap- proved upon the following terms and conditions: I. That the said real estate be sold to United Parcel Service of Omaha, Nebraska for the construc. tion thereon of a new building containing approximately 10,000.00 square feet. 2. That the sale price for said real estate shall be $.25 per square foot in the total amount of Twen. ty-one Thousand, Seven -Hundred Eighty ($21,780.00) Dollars for a certain 200' by 450' lot and the receipt of Twenty -One Hundred Seventy Eight ($2,178.00) Dollars as down payment is herewith ac- knowledged by the City. 3. That construction of said building shall be commenced with- in one (1) year of adoption and the passage of this Resolution and shall be completed within two (2) years of delivery of deed and upon failure so to do or failure to make improvements as to the land with- in one (1) year by the United Par- cel Service of Omaha, Nebraska, purchaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and pur- chase price, less damages, shall be refunded to the purchaser. 4. That the construction of all buildings, yards, parking lots, fences and ancillary improvements shall be constructed in conform. ance with existing City codes, and manufacturing process carried out in accord with City ordinances. 5. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. That all utilities and services to proposed buildings be connect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of 848 Special Session, December 17, 1973 intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 17th day of December, 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Bitter. Carried by the fol- lowing vote: Yeas—Mayor Bitter. Councilmen Justmann, Moldenhauer, Pregler. Thorns. Nays—None. RESOLUTION NO. 407-73 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Howard E. Query, dba C K of Du- buque, Inc. (Effective January 2, 1974), 3187 University Avenue Michael J. Skahill, dba Skalull Standard, 205 Locust Street Gene F. Sullivan and James D. Delaney, dba The King of Clubs, 1902 Central Avenue Eugene L. Kopp, dba The Down - towner, 951 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thorns Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second. ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Moldenhauer, Pregler, Thorns. Nays --Councilman Justmann. RESOLUTION NO. 408.73 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 occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE Be It Re. solved by the City 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 PERMITS William J. Baum, dba The Baum Shelter, 3165 Central Avenue CLASS "C" BEER PERMITS John Neumeister, Neumeisters Market, 729 Lincoln Avenue Donald E. Wertz, Wertz Market, 1545 South Grandview John J. Heiderscheit, Johnnies Market, 1278 Central Avenue Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec. onded by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—None. RESOLUTION NO. 409.73 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RFS SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications he granted and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMITS William J. Baum, dba The Baum Shelter, 3165 Central Avenue il Special Session, December 17, 1973 647 CLASS "C" BEER PERMITS John Neumeister, Neumeisters Market, 729 Lincoln Avenue Donald F. Wertz, Wertz Market, 1545 South Grandview John .1. Heiderscheit, Johnnies Market, 1278 Central Avenue Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: I.eo F. Frnmmelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Sec- onded by Mayor Bitter. Carried by the following vote: Peas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 410.73 WHEREAS, applications for Liquor Licenses have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSES Gene F. Sullivan anamesD1De- laney, dba King of s 902 Central Avenue Eugene L. Kopp, dba The Down - towner, 951 Alain Street Beverly A. Glynn, dba The Bar. rell, 1121 University Avenue Lorraine Gordon, dba Gordon's Beer Store and Tap, 2327 Cen- tral Avenue James 1' Kachevas, dba Demetri lmu T4s Restaurant ;and Viking ti65 Uudge Street Benevolent and Protective Order of Elks #297, 7th and Locust Street Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A, Pregler Allan T. Thoms Wayne A- Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. RESOLUTION NO. 411-73 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of 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 LICENSES Gene R Sullivan and James D1De- Laney, dba hint of Club902 Central Avenue Eugene L. KOPP, dba The Down - towner, 951 Main Street Beverly A. Glynn, dba The Barrell, 1121 University St. Lorraine Gordon, dba Gordon's Bevr Stone and Tap, 2327 Gen- tral Avenue James P. Kachevas, dba DLoung' , Restaurant and Viking Lounge, titi3 Dodge Street Benevolent t s 7hut ofSt of Elks 7tandLuc . 648 Special Session, December 17, 1973 Passed, adopted and approved this 17th day of December 1973. Joseph J. Bitter Mayor C. Robert Justmann Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer Councilmen Attest: Leo F. Frommelt City Clerk Councilman Moldenhauer moved adoption of the resolution. Second- ed by Mayor Bitter. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Mayor Bitter submitted the name of Herbert Bisping to serve on the Dock Commission to re- place F. J. Schreiber. MOTION DIED FOR LACK OF A SECOND. Councilman Pregler moved that the appointment consideration be tabled and referred to the Council. MOTION DIED FOR LACK OF A SECOND. There being no fur- ther business Councilman Pregler moved to adjourn. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved February 25 1974 Adopted February 25 1974 Special Session. December 27, 1973 649 City Council Official Special Session, December 27, 1973. Council met at 7:00 P.M. (C.S.T.) Present — Mayor Bitter, Coun- cilmen Justmann, Moldenhauer, Pregler, Thoms. City Manager Gil. bert D. Chavenelle. Mayor Bitter read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING APPOINTMENTS TO THE VARIOUS BOARDS AND COMMISSIONS and acting upon such other business as may prop erly come before a regular meet- ing of the Council. Councilman Justmann moved that the Council go into executive session to consider appointments to various Boards and Commis- sions. Seconded by Councilman Moldenhauer. Carried by the fol- lowing vote: Yeas --Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays.—None. Absent—Councilinan Thorns. Councilman Thorns entered the Council Chamber at 7:10 P.M. At 7:52 P.M. the Council reconvened in regular session with the an- nouncement by the Mayor that no conclusions were reached on ap. pointments to Boards or Comnus- sions. Councilman Moldenhauer move that the rules be suspended in or- der to let anyone present address the Council if they so desire. See ended by Councilman Pregler. ried by the following vote: Yeas—:lejayur Bitter, Cuuri( Justnuuie, 1lluldenhauet, Prefile Thorns, Nays—None. Mr. .lames li:isting o[ Dubuqu Life Insurance Co. again made i quiry as to he adjacent tastatus of 11B►'at owned property tner Stare property located at U versity & Delhi Streets. Couueiltpan Pregler nwvcd th the City Manager be authorbcd inatiWte proper proceedingo the property adjacent to Bras mar's (,ontingent upon subwi--+i to IIIc Cuuucil. Seconded by COU Gilman Justmann. Carried by the following vote: Yeas — Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—Mayor Bitter. Councilman Moldenhauer moved that the Recreation Commission be authorized to proceed to bring to a referendum the matter of indoor recreational facilities. Seconded by Councilman Pregler. After some discussion Council- man Moldenhauer moved that the motion be tabled until the meet- ing of January 7th, 1974. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Councilmen Justmann, Moldenhauer, Pregler, Thorns. Nays—Mayor Bitter. Councilman Justmann moved that the Dock Commission be in- structed to provide the Council with an up -dating of Wharfage rates on an increase over time; es- calator clauses in leases; lease vio- lators; a comparative study of rates from other cities; extend leases on a month-to-month basis until completion of study is made; and for the present no new leases. Seconded by Councilman Molden- hauer. Carried by the following vote: Yeas—Mayor Bitter, Councilmen .lustmann, Moldenhauer, Pregler, Thoms. 'Nays—None. RESOLUTION NO. 412.73 WHEREAS, Walter F. Gilligan was a long time resident of East d Dubuque, Illinois, honored and es- teemed by his fellow citizens; and WHEREAS, Walter F. Gilligan served many terms as Mayor of the City of East Dubuque, Illinois, over a span of years; and WIiEREAS, Walter F. Gilligan an served his City unselfishly and r, discharged the duties nd human of- fice with ability warmth; and Walter F. Gilligan e WHEREAS, n as Mayor of East Dubuque, Illinois Cit) cemented closer and closer and m more effective relations with thir: Un City; and WHER3,AS, Walter F. Gilligan at died on December 25th, 1973 and to his death should be memorialized un by this Council; ORE BE T1 RE on THEREF n by the City Council of un Sle city of Dubuque, Iowa. ,. IIIc City Special Session, December 27, 1973 Section 1. That. the City Council of the City of Dubuque, Iowa, does hereby express its sadness occa- sioned by the death of their friend, Honorable Walter F. Gilligan, Ma- yor of East. Dubuque, Illinois, and shares with all the family and friends of Walter F. Gilligan the deep loss of his departure and does hereby officially extend sym- pathy and love to the family, friends and associates of Walter F. Gilligan. and officially wish to me- morialize a legal public servant who left his deep mark as he passed through this life. Section 2. That the City Clerk be and he is herebly ordered to transmit a certified copy hereof, under the seal of the City, to the family of Walter F. Gilligan. Dated at Dubuque. Iowa, this 27th day of December 1973. Joseph J. Bitter Mayor Walter A. Pregler Allan T. Thoms Wayne A. Moldenhauer C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Bitter moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, !Moldenhauer, Pregler, Thoms. Nays—None. December 20, 1973 To the Honorable Mayor and City Council Please find enclosed letter with recommendations of the minimum amount of work to be done on City Hall to make it safe for occu. pancy. The following work suggested in attached letter is required by the Fire Code or Building Code. 1 Electrical work ..........$29,300.00 2. Sprinkler system in hall on 1st and 2nd 3. Sprinkler system in basement .................... 13,000.00 4. Enclose stairwell on 1st and 2nd floor ...... 5,500.00 5. Construct blockwall and fix ceiling around furnace ........................ 3,500.00 8. Place new liner in chimney ...................... 6,000.00 11. Construct doors at fire escape exists $550/4 doors .............. 2,200.00 12. Repair fire escapes.... Total Cost ..................$84,500.00 John L. White, P.E. City Engineer Councilman Moldenhauer moved that the City Manager be instruct- ed to proceed with bidding docu- ments on necessary improvements of City Hall as described in City Engineer's letter of December 20th. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler. Nays --Councilman Thoms. Mayor Bitter moved that the mo- tion be tabled until the first meet- ing in January. Seconded by Coun- cilman Thoms. Vote on the motion was as follows: Yeas—Mayor Bitter. Councilman Thoms. Nays — Councilmen Justmann, :Moldenhauer, Pregler. There being no further business Councilman Thoms moved to ad- journ. Seconded by Councilman (Moldenhauer. Carried by the fol- lowing vote: Yeas—Mayor Bitter, Councilmen Justmann, Moldenhauer, Pregler, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved February 25 1974 Adopted February 25 1974 Clerk. OFFICIAL PROCEEDINGS OF THE COUNCIL CITY OF DUBUQUE FOR THE YEAR 1974 CITY OFFICERS FOR THE YEAR 1974 COUNCILMEN ALLAN T. THOMS, Mayor C. ROBERT JUSTMANN ALVIN E. LUNDII JAMES E. BRADY EMIL STACKIS City Clerk ..........................................................LEO F. FROMMELT CitySolicitor......................................................................R. N. RUSSO Assistant City Solicitors ....................................WILLIAM G. BLUM JOSEPH P. ZWACK CITY MANAGER GILBERT D. CHAVENELLE Assistant City Manager ................................FRANCIS A. MURRAY Administrative Assistant ....................................GERALD J. KOPPES Personnel Director ..........................................WALTER K. BOCKES Program Planner..................................................PAULINE J. JOYCE Finance Director......................................................A. G. HEITZMAN Deputy Finance Director ..........................................GERALD HIRD City Engineer............................................................JOHN L. WHITE City Assessor ......................................................JAMES J. GREGORY Chief of Fire Department ..............................ROBERT N. DUNPHY Chief of Police ..................................................ROBERT J. O'BRIEN Civil Defense Director ............................................BEN J. O'LEARY Sup't. of Water Works..........................................................J. J. HAIL Street Commissioner .....................................MERLE FELDERMAN Director of Recreation ............................RICHARD J. SLATTERY Planning Director ..........................................DANIEL DITTEMORE Building Commissioner ......................................DONALD J. BANDY Electrical Inspector ..........................................EDWARD O. ALBER Health Director ..............................KENNETH K. HAZLET, M. D. Health Administrator..........................................................A. Sanitary Officer J. ROTH ..................................................LAVERNE GOERDT Food and Restaurant Inspector ..................MILDRED KENNEDY Plumbing Inspector ..........................................RICHARD J. FEYEN Library Director ........................................WILLIAM Sup't. of Parks G. FULLMER ....................................................RICHARD KRAMER AirportManager ..................................................... .......JEFF MOLID Urban Renewal Director ........................GENT M. WITTENBERG Regular meetings of the City Council are held on the First Monday of each month at 7:30 P.M. INDEX — BOOK 104 1974 SUBJECT Page A .Jan. 7—American Trust & Savings Bank, appointed official depository of City Funds . ............................................ 2 7—Algona, North, Sanitary Sewer --8 inch between Uni- versity Ave. and Loras Blvd., schedule of assess- ments................................................................................. 17 " 7—Audit of City Financial condition and transactions for 1973 to be conducted by the Auditor of the State, and audit of Water, Parking Facilities and Sewage Rental Funds to be contracted by O'Connor, Brooks andCompany................................................................... 16 7—Andresen, Thomas, Granted a Class "C" Beer and Liq- uorLicense..................................................................... 26 21—Amtrak service delay is due to needed repairs .............. 29 " ll—Adams, Mrs. Elsa, relative to the reestablishment of a Girls Center for the City .............................................. 35 " 21—American Legion Auxiliary, requesting permission to sellpoppies...................................................................... 36 " 21—Assessments, Schedule of, 1973 Asphalt Paving Project No. 1—University Ave...................................................38, 39, 40 21—Agreement, Easement, between the City and Illinois Central Gulf Railroad to construct 8" sanitary sewer line under tracks at Clinque Addn. off Cen- turyDrive......................................................................... 45 " 21—Agreement, Memorandum of, signing of, relating to wages and working conditions and other employee benefits with city employees . ...................................... 51 " 24—Agreement between Dubuque County, Jackson County, Delaware County and City creating a separate legal entity known as "Operation: New View.. ................. 56, 57 " 24—Agreement between Mr. Robert Molo of Molo Sand & Gravel Co. and City Dock Commissioners, provid- ing for escalation of rentals ......................................... 57 Feb. 4—Amtrak, City Manager requesting approval of payment for share of cost of repairing the Dubuque Rail- road passenger station .................................................. 62 " 4—Ambulance Service, regulating of and establishing rates and charges........................................................... 70 " 4—Agreement with Dubuque Lumber for rental of part of Naval Reserve Building . .............................................. 80 " 11—American Optical Corporation, approving sale of real estate of part of River Front Subdivision No. 3, by Mayor's Industrial Committee . .................................... 90, 131 " 11—Apartments Ltd, The, Granted Class "C" Beer & Liq- uorLicense..................................................................... 96 18—Appel, Alta M., Notice of Claim for personal injuries. 101 " 18—Alpha Phi Omega National Service Fraternity of Loras College requesting permission to sponsor annual Shamrocks for Dystrophy Drive . ................................ 107 " 18—Agreement, Easement, with I. C. Gulf R.R. Co. in con- nection with installation of the South Dubuque In- terceptor Sanitary Sewer, approved ........................... "B" Beer Per- 107,108 " 18—Althaus, Dennis Albert, Granted Class mit.................................................................................... 109 " 25—Arca Council of Government, endorsing efforts taken relative to land fill site cooperation and solid waste management....................................................... 111,112 " 25—Aquinas Institute School of Theology granted cigarette license............................................................................... 116 Mar. 11—Army Corps of Engineers, March 1, 1974, official date of transfer of the completed Stage 1 Local Flood Protection Project........................................................ " 18—Advisory Commission, represented by Attorney David 120 L. Clemens, requesting to retain Mr. Art Kuehn to do a feasibility study of Medical Associates Build- ing...................................................................................... 144, 359 Nwr INDEX —BOOK 104 -- 1974 `- --- - -- -- -- SUBJECT Page " 18 ---Advisory Commission advising endorsement of estab- lishment of Management Information Services and recommending that a staff position be created....... 144 " 18—Auderer, Lloyd & Barbara, Notice of Claim for auto 145 damages. ................... ............................. " 18—Amending the Budget as approved by Ordinance No. 1-74 to provide appropriations for a Community Development Project.....................................154, 157, 192, 193 " Ili ---Agreement entered into between City of Dubuque and Ecumenical Housing Inc ............... .............................. 155 " 18—Army Corps of Engineers, public meetings on the En- vironmental Impact Statements for operation and maintenance of Upper River Nine -Foot navigation channel from Guttenberg, Ia. to Saverton, Mo....... 161 April 1—A-1 Plumbing, Cooling & Htg. Co. Inc., General Liabil- ityPolicy......................................................................... 109 " 1—Asbury, Town of, opposing County Home area as land- fillsite................................................................... " 1—A -OK Yellow Cab Co., requesting increase in cab fare. ................................ 171, 214, 240 " 1—Area Council of Governments replacing Dubuque County Municipal League . ........................................... " 172,212 1—Asphalt Paving Project No. 1, Necessity for Improve- 173, 174 ment and fixing date of hearing .........................172. " 8—American Legion by Attorney Donald R. Breitbach, submitting application for Class "C" Beer -Liquor License.......................................................................197, 200, 326 " 15—American Assn. of University Women, supporting Flight4-5-60..................................................................... 201 " 15—Amundson, Ronald and Richard B. Windsor, to con- struct a canopy over sidewalk at 253 Main Street. (NOT ALLOWED).......................................................... 203,223 " 15--Ahepa, Order of, requesting permission to place can- nisters in various establishments to raise funds for fight against Cooley's anemia . .................................... 206 " 22—Asphalt Paving Project No, 2, Riverfront Sub. No. 5 for 1974 on Roosevelt St. Ext., Kilgore St., Hamil- ton St. Ext., necessity for improvement, fixing date of hearing................................................................229, 230, 287 " 22—Auditor of City, Finance Report for 1973 submitted. 215 " 22—Alfredo, Wm. Jr., and Robert Klauer, Granted Class "C" Beer & Liquor License ......................................... 237 " 22—Airport Commission submitting minutes of their meet - ing..................................................................................... 240 " 29—Asphalt. PavingProject No. 1—Proof of publication, Necessity or improvement, Decision of Council upon objections to plans, specs., form of contract and cost of improvements, Ordering Construction. 242,243 " 29—Amtrak, Council supporting & encouraging the con- cept of an advanced rail system for Northern Iowa that would connect Sioux City, Fort. Dodge and Wa- terloo to the newly existing Amtrak ......................... 251,359 May 6—Apel, Edward, Sidewalk Construction Bond submitted. 262 " 6—Agreement, Memorandum of Agreement, between City and the Amalgamated Transit Union 329, AFIGCIO, representing bus operators in transit department. " 6—Agreement with Iowa State Hwy. Commission for 1974 266 Cooperative Traffic Signal Program . ........................ 267 " 6—Agreement between City and Chicago, Milwaukee, St. Paul & Pacific Railroad Co., cutting track area ap- proximately in half and eliminating tract and ease- ment in vicinity of real estate proposed to be sold to Wm. C. Brown Co., in Industrial Park, original agreement November 4, 1968 ...................................... 26f1 6 --Alcohol Safety Action Program negotiate details with State& County ...................................................... y " 6—American 270 Legion beer -liquor license appeal, City So. licit.or to represent City . ................ ................. 270 INDEX — BOOK 104 19?4 SUBJECT page " 13—Advisory Commission, requesting authorization of funds for a survey to gain knowledge concerning attitudes, thinking and characteristics of the citi- zens of City...............................................................277, 295, 310 " 20 --Arrowhead Golf Course, submitting petition to be in- formed if new municipal golf course is to be built. 286 " 28 --Army Corps of Engineers submitted notice that Pills- bury Co. has applied for a permit to make improve- ments at their dock facilities at 7th St. Harbor .... 295 " 28—Auditor of State, submitting the Audit Report of Dis- aster Claim submitted by City on April 10, 1973..... 295 28—A & P Granted Cigarette Permit ..................................... 303 June 3—Aurora & Admiral Streets Water Main Ext., Mettel Bryne Sub., sanitary and functional features ap- proved, submitted by Iowa Dept. of Environmen- tal Quality Permit No. 74-82W . .................................. 307 " 3—Amtrak, Council urging development from same for Burlington Northern from Chicago to the Twin Cities.................................................................................. 307 3—Amundson, Ronald T., and Richard B. Winsor, Granted Class "C" Beer & Liquor License ................................321 " 10—Avery, Grace E., Notice of Claim ...................................... 328 " 10—Affirmative Action Program, proposed, submitted by CityManager................................................................... 330,371 " 10 --Affirmative Action Program, approved by Resolution 331 10—Agreement, Cooperative, between City, Dubuque Coun- ty Metropolitan Area Planning Comm., and Iowa State Highway Comm. for conducting a feasibility toll bridges 334 study of ...................................................... " 17—Asphalt Paving Project No. 2 Riverfront. Subd. No. 5; Roosevelt St. Ext., Kilgore St, and Hamilton St. Ext., proof of publication and awarding contract to Mulgrew Blacktop Co ............................................... 347 " 17—Andresen, John C., Granted Cigarette Permits. (2) ...... 351 " 17—Adams, Ronald D., Granted Cigarette Permit .............. 351 " 17—Adams, Charles, Granted Cigarette Permit ...................... 351 " 17—Apartment 5-A Lounge, Granted Cigarette Permit. .... 351 " 17—Aquinas Institute of Theology, Granted Cigarette Per- " 17—Arvanitis, George K., Granted Cigarette Permit........... 352 352 " 28—Andresen, Thomas, Granted Cigarette Permit ................ 355 " 28—Amundson, Ronald T., & Richard B. Winsor, Granted Cigarette Permit............................................................ " 28—A. Y. McDonald Mfg, Co., Granted Cigarette Permit..... 356 355 July 1—Advisory Commission submitting recommendations on purchasing Medical Associates Building in maxi- mum amount of $360,000 for City Hall ..................... 359,620 " 1—Advisory Commission asked to reorganize to reflect a balanced neighborhood representation . ................... 368 " 1—Agreement, Engineering Services, with HD&R to pre- 370 pare an encr Ily recovery study ......................:.............. " 1—Affirmative Action Program, revised, submitted by 371 ................................................... City Manager ................................................................... " 15—Adams, Elza, questioning recreation for older people. " Pollution Implementation Plan, hearing to be held 391 22 --Air 393 onsame. .................................................... Aug. 5 ---Advisory Commission, approving Five Flags Center & 412 ......................... Ice-skating facility. .................... .. 5 --American LaFrance Co., awarded bid for Pumping 412 Engine. ..................................... 5 ---Airport Commission recommending purchase of 2 fire engines, purchase of radios, construction of equip- of four base ment storage building and purchase 413 stations. " 5—A do P Granted Class "C" Beer Permit ............................... 420 " 12 ---Anglin, Mark P., denial of personal property damage 426 claim................................................................................. .. denial of camper damages claim. 428 " 12---Arensdorf, Robert J., INDEX - BOOK 104 the records ftr the year 1973. conducted by some, ..._..... _...._........_........_...... ......._..... ... 472 " 16—Auditor of State. Loyd Smith, submitting copy of Audis Report of msjor disaster claim submitted by the City on January 31. 1974......_. ................... ........... 47 8 " 2S --Allan. Timotby A., represented by Dennis J. Naughton, !irrtice of Claim . ..... .......... .... .......................... _.-_....... 483.550 " 23••••-Aurore and Admiral Streets in Mettel-Byrne Addn., Mettel Realty & Investment Co. requesting permis. sion to install street lighting with underground cablein same................................................................... 486.493 " 30—Alpha Phi Omega Fraternity of University of Dubuque, requesting permission to solicit funds to provide relief to victims of Hurricane Fifi in British Hon - Oct. du rs s ................................................................................. 7—Ares "C", Work session with Council, recreation Dept., 497 and Dock Commission as to agreement of same..... 507 " 7—Am0"ican Legion, Dubuque Post ,r6, Granted Cigarette " License................................................................... 14 ---Advisory Commission submitting minutes of meeting 509 Of Sept. 24, and submitting proposed resolution concerning attendance at meetings of Boards and " ('ommissions..........•.......................................................... 14--Arensdorf, Loras L., Notice of Claim, .................. .......... 510, 596 512 24 -..Altman, John R., Sidewalk Construction Bond sub - " mitted.................................................... ......... 29-•--Arlen's Clarence ' a('e, Lots In part of platted as Lots 523 1 13 Inclusive of Block I of West Ridge Addn, in the City, (Delbert Miller) 'Yuv. " ............................ 4 ---Adams, Elsa, relative to the Noise Ordinance 535 548 .............. 18 --Agreement, option, Thermolyne requesting an exten- sion of some for another two to February " years 12, 1977 on land in River Front No. 3 ............................ 555 115 -•--Annie; Wallers Sub., Table Mound Park Inc., request - Ing rezoning of part of same, from present Multiple Family District Classification to Business District "A„ dassification „ ..............1.....I........... ........... 18—Amendment to Consent Order with Dept. of Environ- 555 fnental Quality revising completion date f•,r chase If of the Waste Water Treatment Facility from July, 1970 to Autrust, 1977, City Manager submit- " ting resolution on same . .................... 25• ---Agreement, I.eaao assignment, between . . . . .. City .•& -C. W. Enterprises, Inc., 559 for portion of right-of-w,av of PH mary }toad U.A. #20, requested by Iowa State High- waymmi Cossion. ',n ......•................ 509, 596 2t}_-•Applay with the Uepartment of Transportation, United Slates of America, for Grant under the Urban Mass Transportation amended. Act of 1964, as Dec. Sidewalk Co IA --.-Anthony, Richard, "Si'•'e'w' '1'k....'.. 576,577 mitted nstructian Bund sub " ................................. . 16 -•--Auditor of Stato, to audit financial funds 590 of City ex cept transactions of Water Utility, Parking & Sew- age Fa, llftlos to be dune by O'Connor, Brooks & ................. 602 INDEX — BOOK 104 1974 SUBJECT Page " 16—Avoca Street, vacating part of same, located West of the West property line of the East 28' of the West 50' of the West 100' of Lot 2 of Mineral Lot 179, in the City, to Harold B. & Dorothy Demkier . .......... 605 " 16—A-rmory, National Guard, General Francis Kelly, rela- tive to possible land acquisition in 4th Street Penin- sula Area for same . ...................................................... 610 " 16—Advisory Commission submitting minutes of their meeting of Dec. 17, 1974 ............................................... 620 " 23—Agriculture Land Exemption Credits List for 1974, submitted by Cit, Manager, to be filed with County Auditor............................................................................. 621 " 23—Anthony, Paul E., Granted Cigarette License ............... 631 INDEX—BOOK 104 1974 SUBJECT' Page Jan. 7—Brady, James E., sworn in as Councilman ...................... I 7—Brammer's Store Property, Dubuque Life Insurance Company submitting proposal to purchase only that part of City -owned property wilich has been as a parkinglot ...................................................................... 7 7—Barker, Robert C., requesting refund on Cigarette Li- cense#161 . ...................................................................... 11 7—BONDS, Sewer, to be issued in amount of $4,500.00 for payment of 1973 North Algona Sanitary Sewer -8 inch, between University Ave. & Loras Blvd. is 7—BONDS, Street Improvements, to be issued in amount of $30,500.00 for payment of 1973 Asphalt Paving Project No. 1—Locust St ............................................... 23, 24 7—Bell, Joseph E., granted Class "B" Peer Permit . ........ 25 7—Burke, Josephine A., Granted Class "C" Beer and LiquorLicense . ................................................................ 26 21—Boardman, Kay, objecting to the raising of dog license fee, and why not license cats ....................................... 29 21—Brimmer, Roger, denial of car damage claim ................. 30 21—Bahl, Eldon J. & Loretta, objecting to landfill site at theCounty Home ............................................................. 35 21—Buelow, Robert C. and Naomi G., objecting to the pro- posed landfill site at the County Home ..................... 35 21—Bower. Richard, requesting refund on Cigarette Li- cense. .................................................................................. 21—BONDS, Street Improvements, to be issued in amount 38 of $18,000.00 for payment of 1973 Asphalt Paving Project No. 1—Universit Ave . .................................. 21—Boge, Alphonse, 41, V Who shaurd make payment of nec- essary hospital and other expenses, the City or County. .............................................................................. 24—Board of Dock Commissioners, Negotiating a new lease 53 and agreement with Mr. Robert Molo of the Molo Sand & Gravel Company, providing for rentals . ...... 24—Brady, Councilman James E., 57 appointed to the Plumb. ingBoard . .............................................................. ... ..... Feb. 4—Board of Health, regular session ....................................... 57 59 4—Breitbach, Donald D., attorney, delivering signed deed, in behalf of Marjorie Reed for property known as ReedProperty . ................................................................ 60 4—Blue Cross -Blue Shield Program, incorporating bene- fits with independent Liberty Life Insurance Com, pany effective February 1 1974 . ................................ 63 4—Brammer, Rex advising no I oqer renting City Prop- erty adjacent to 1306 Delhi St ............. 11—Bower, Richard J., requesting refund on Beer -Liquor License............................................ 79 18 --Brady, Councilman requesting City Solicitor to review 89 the present Zoning Ordinance with the intent of revising that sector relating to Clubs, Lodges, and Philantrophic Groups . .............. I ..................................... 25—Berendes'Floyd D., Notice of claim for sewer back-up. Mar. 11—Brown Publishing Co., Win. C. submitting an interest 110,460 114, 202 in purchase of parcel of iand in Block 5, River Front Sub. #3 11—Brant, Carl N., Granted Class ;, ;e--** ..... *,*,* ..... 121 229, 317 . ............. lass &,,*,i r and Liquor Ll' Li- cense . .................................................. 18—Blades, Alta Jane, Advising that no*useful -purpose' 141 would be served to consider her farm in Center Twp, for a landfill site. 18--Bauerly, Donna, fully endors'i'n"g' ... strictly Uy 143 ordinance. enforced noise .............................................. ... 18—Bicycle Ordinance—Governing operation 148 of, Licensing, and Providing penalties for violations of ................. 18 --Budget, Amending of as approved by Ordinance 150,151 No. 1.74 to pr vi eapprOpriations for a community Development Protect . ............................................ 154,157, 193 I NDEX — BOOK 104 1974 SUBJECT Page 25—Beurskens, John .1, and Ethel, authority to construct a chain link fence........................................................... 162 " 25 --Barnhart, David and Pearl Seeley, request refund on Cigarette License........................................................... 163 April l—Bitter, Joseph, representing group around Bram- mers...........................................................................171, 198, 200 " 1—Bush, Robert K., appointed to Board of Htg. Ventilat- ing, Ref. & Air-Cond............................................................. 183 " 1—Brashaw, Clair A. appointed to Board of Htg. Ventilat- ing, Ref. & Air-Cond....................................................... 183 " 8—Breitbach, Donald R., attorney for American Legion Post #6, submitting application for Class "C" Beer - Liquor License .........................................................197, 200, 326 " 15—Bitter, Carol, supporting Flight 4.5-60 . .......................... 201 " 15—Boge, Alphonse H., Jr., Notice of personal injury claim................................................................................... 202 " 15 --Bock, Earl, submitting a survey and overall review of the traffic problem in the City ................................... 209 " 22—Benell, Edna G., submitting ideas on cutting down on noises................................................................................. 213 " 22—Brown, Wm. C. Co., purchasing Lot 2 of Block 1 of Riverfront Sub. No. 5 for price of 400 per square foot..................................................................................... 229,317 " 22—Bisping, IIcrbert F. Granted Class "B" Beer Permit. 236 " 2.1 --Bullard, Donald R., Notice of Claim ................................ 241,283 May 13—Budget, publication of }tearing notice to amend the cur- rent 18 month budget ..................................................... 276,309 " 20—Brady, Councilman, requesting Police Dept. do regular radar patrols on Asbury Rd ......................................... 286 " 2)—Basten, Mrs. Barbara, requesting relief from mud con- dition in front of her home at 1909 Ellen Street. 286 " 28 --Billington, Mrs., objecting to bus traffic and lack of visiting children control in the area of the 4th St. Elevator............................................................................. 297 " 28—Barnhart. David L. and Pearl Seeley, requesting re- fund on unexpired Beer -Liquor License #C-5476. 298 " 28—Building Permits in East 4th Sl. Peninsula Area be withheld for ninety days per request of City Man- ager................................................................................... June 3—Becker, James G., Sidewalk construction Bond sub- 301 mitted............................................................................... 308 " 3—Burlington Northern, development of from Chicago toTwin Cities................................................................... 307 " 3—BONDS, Sewer, to be issued for payment of assessed cost of E. 4th St. Ext. Sanitary Sewer in amount of$10,000.00..................................................................... 313 " 3—Beecher Co., Inc., Granted Cigarette Permits. (2) ........ 320 " 3—Beecher Co., Inc., Granted Class "C" Beer Permits. (2) 321 " 10—Boyarski, Robert, Notice of Claim ................................... 328,394 " 10—Bieberman, Louise, suspension of 1973 taxes requested. 329 10—Bradley, Helen M., suspension of 1973 taxes requested. 329 17—Bechen, Francis, objecting to rezoning of Chew prop- erty. .................... 2 " 17—Bitter, Joseph J., Atty., representing citizens for neigh- burhood of Chew property, objecting to rezoning. 342 17—Bottle Stop Baseball Tournament, requesting refund on Class "B" Beer Permit ............................................. 346 " 17—Bertsch, Robert, attorney for Thruput Terminals Inc., requesting construction of a security fence sur- rounding the premises on 3rd St. north of the Ice Harbor............................................................................... 346 " 17—Brant, Carl N., Granted Cigarette Permit ....................... 351 " 17—Bauer, Daniel William, Granted Cigarette Permit ........ 351 " 17—Baum, William J., Granted Cigarette Permit ................. 351 " 17—Becker, Robert L. Granted Cigarette Permit ................. 351 " 17—Beidler, Robert, Granted Cigarette Permit ..................... 352 " 17—Bailey, Edward A., Granted Cigarette Permit. ................ 352 " 17—Becker, Robert L., Granted Class C ' Beer Permit. 353 INDEX — BOOK 104 1974 SUBJECT Page " 28—Birch, Marshall, Granted Cigarette Permit ..................... 355 " 28—Burke, Josephine, Granted Cigarette Permit ................. 355 " 28—Bishops Buffet, Inc., Granted Cigarette Permit........... 355 " 28—Burkholder, Richard W., Granted Cigarette Permit.... 355 28 --Birch, Marshall R., & Betty J. Birch, Granted Cigarette Permit............................................................................... 356 " 28—Bruggeman, Oscar, & William Miller, Granted Ciga- rettePermit..................................................................... 356 " 28—Bridge, Marian, Granted Cigarette Permit . .................... 356 " 28—Buss, Gary & Joseph A. Paradiso, Granted Class "C" Beer & Liquor License .................... I............... 357 28—Bailey, Edward A., Granted Clays "C" Beer & Liquor License............................................................................... 358 July 1—Bertsch, Attorney Robert, behalf of Mr. Burbach of Thruput Terminals, requesting building permit to repair building on 3rd St., north of Ice Harbor.... 365 " 1—Botten, Mrs. John, submittingpetitions of youngsters requesting bike paths, wider sidewalks, cleaner Parks, roads, painting of school crosswalks at Irving School, stop lights at Booth & Dodge Streets, swim- in ming pool Sherwood Park, repair Rockdale Road, museum park by the river ...................... 365 " 1—Bell, Joseph E., requesting refund on Class "B" Beer " Permit. ................................................................... 1—Billmeyer, Richard L. and John P. Mihalakis, Granted 365 " Cigarette Permit . ......................................... 37; 8—Bicentennial birthday to be celebrated from July 18th " to 31st, 1976 ............................... . 8—Balboa & Cortez Drives, and Balboa & N. Grandview, 376 " street lights requested at intersections of same..... 8—Barton, Richard, Granted Cigarette Permit 378, 387 " ..................... 15—Board of Adjustment relating to Fourth Street 381 area, City Attorney submitting results of action with " same. ...................... 15—Butterfield Road area, Linda Shimerda etal requesting 387 stop signs in same . ...................... 15 --Big g "G Steak House, Inc., Granted Cigarette Permit. 15—Bisping, Norbert, Granted Cigarette Permit 388 390 " ................... 22--Brimeyer, Donald, requesting refund on unexpired Class "B" Beer Permit 390 " .............. 29—Bowen, Ron, of Bowen -Kanazawa Partnership Archi- 395 tec" 29—Brady, sCouncilmanf recommending that that on Ceremolval 402 of along North end of investigation and consutrees endin cease of Engi- ltation ulta ionw ithlCorps Aug. neers............................... 5—Brady, Councilman., submitting. . . .. . feasibility 404 report on extending Kerper Blvd. from 9th St. to 2nd St. as key to opening 4th St. Peninsula.....,,,,. " 19—Buechel, Louis, General Liability Policy submitted ._.. 19—Bonnett, David, 418, 433 434 appointed to Citizens Advisory Board. 26—Boettcher, Eleanor E. and Donald G., 438 requesting sus. pension of 1973 and % 1974 taxes..... " 26—Bitter, Mrs. Joe, on behalf of Women's Club Art & Craft Show, 444 " requesting closing of Alpine St. from 3rd to Melrose on Sept. 15, 1974, for art show......... 26—Brimeyer, Thomas M., Denial of car damages claim..... 444 Sept. " 3—Boardman, Mrs. Arthur A., Notice of Claim 445 ................... 3—Bainbridge, James R., Granted Class "C" Beer & Liq- uor Licenses ...................... 459 9—Biasi, C. George, reference to rezoning'.""" 469 " 30 --Becker, Francis et al (19 signers) objeting toil- terous conduct at Tavern the bo 471 Oct. al 1900 Central Ave.... 14—Brady, Councilman, concur with Planningg 497 Comm. relative to Dubuque Packing &Zonin quest, by rejecting tendered re_ Ordinance. 519 INDEX — BOOK 104 1974 SUBJECT Page " 28—Bicentennial Committee, competition in mind for sym- bol to be used to identify Dubuque's participation inbicentennial................................................................. 525,601 on- " 28—Bisanz, Robert, explaining Bicentennial Symbol Con- test..................................................................................... test 525 " 28—Bertsch, Attorney, representing Hansel, objecting to rezoning in "Key Knolls Subdivision" ....................... 528 " 28—Bridge, Dubuque -Wisconsin Co., requesting to con- struct a new plaza served by two toll houses. ...... 532,571 " 28—Board of Park Commissioners, owner of Lot 2 of Lot 1 of Lot 1 of Eagle Point View exchanging for Lot 2 of Eagle Point View owned by John V. Meehan and Naomi R. Meehan . ..........................................536, 584, 616 Nov. 18—Becker, Wm. & Sons, General Liability Policy Bond submitted........................................................................... 551 " 18—Bies Subd., Mrs. Irma Hess etal, objecting to reclassi- fyingpart of..................................................................... 555 " 25—BONDS, Sewer, Fixing date of meeting for issuance and providing for advertisement of $2,000,000 of same................................................................................... 575,576 " 25—Bates, Frank, representative of G.M.C. Bus Division, relative to equipment needs for the City bus sys- tem.................................................................................... 576 " 25—Bridge, Marian J., Granted Class "B" Beer Permit....... 579 Dec. 9—Building Code, proposed, Dubuque Homebuilders & Associates disagreeing with proposed increase in the cost of building inspection in same ..................... 589 " 9—BONDS, Street Improvement, to be issued for the 1973 Concrete Sidewalk Program . .............................. 593 " 12 --BONDS, General Obligation Sewer, sealed bids re- ceived, providing for the sale and award of same, and initiating proceedings for the issuance of $2,000,000. Sewer Bonds.................................598, 599, 600, 626 " 16—Bisanz, Robert P., presenting Jim McMahon, winner 601 of Bicentennial Symbol Contest. ................................ 601 " 16—Bicentennial Logo, adoption of same ............................... " 16—Building Code, proposed Ordinance submitted ............... 607 " 16—Bonds, Sewer, providing for the issuance of same for paxment of construction of Century Drive-Bies Drive Sanitary Sewer . ........... ........................ I ...... I......... 613 " 16—Baum, William, Granted Class "B" Beer Permit........... 617 " 16—Benevolent and Protective Order of Elks, Granted 618 Class "C" Beer & Liquor License ............................... " 16—Bisanz, Robert P. "Buzz", appointment to Recreation Commission to fill unexpired term of Jack Coffee. 618 23—Beadle, I.oras & Leta, owners of buildings known as White Street and 56, 72 and 74 E. 1085, 1091, 1095 11th St.. City Manager recommending be disman- tled and cleaned up . ...................................................... Notice of Claim. 620 an " 23--Bivens, Marie, ........................................ of 9 - Boards & Conunissions meetings as to attendance 596 INDEX — BOOK 104 1974 SUBJECT -- —~ Page Jan. 7—City Council, Regular Session . .......................................... 1 " 7--Chavenelle, Gilbert D., appointed City :Manager for ensuingyear ....................................... ....................... 1 " 7—City Manager, advising the Council of his appointment of all personnel under his supervision and control shall be paid salaries in accordance with proposed expenditures for 1974 .................. ........ ................ : I 7—Chavenelle, Gilbert D., Personal Bond submitted for $5,000................................................................................. " 7 ---Claims for the month of November, 1973, proof of 5 publication....................................................................... 5 7—Council proceedings for the months of August & Sept., 1973, approved as printed ............................................. E; " 7—Civil Service Commission, submitting report of en- trance examination of positions on the Fire Depart- ment.........................................................................6, 86, 325: 360 " 7 --Civil Service Commission, submitting report of en• trance examination for positions on the Police De. partment.......................................... ..........6, 85, 121, 360, 622 " 7 --Clark, Leonard D., settlement of car damage claim..... 9 " 7—CITY OF DUBUQUE, 1973 ASPHALT PAVING PROJ. ECT NO. 1, EXCEPT UNIVERSITY AVE . .............. 20 " 7—City Manager submitting Resolution No. 7-74, assess- ing delinquent list of Garbage & Refuse Collection. 15 " 7 --CITY OF DUBUQUE, 1973 N. ALGONA, SANITARY SEWER, ISSUANCE OF BONDS ................................. 17, 18 " 7 --Clarke College, Granted Class "B" Beer Permit........... " 7—City Manager to stop work on bidding for RENOVA- 25 TION OF CITY HALL ................................................... 26 " 11—City Council, Special Session . ................... 28 21 --City Council, Special Session ............................................ 29 " 21—Council proceedin-s for months of Oct. & Nov., 1973, approved as printed....................................................... 30 21 --Cottingham & Butler advising their client, Kopples Inc., involved in accident with city 30, 126 -owned vehicle. 21—City Manager, submitting a review of the lease site for the City owned property next to Brammer's on Delhi & University . ..................... " 36 21—City Manager, negotiations with Mr. John C. Duffy for the purchase of his property at 958 and 968 Bluff Street have been fruitless . ..........................................48 " 21—City Engineer, submitting resolution to dedicate lot at corner of Hill & Fifth Streets 50 ............................... 21 --Clancy, Rita 1M., Granted Class "C" Beer & Liquor License.................................................... 24 --City Council, Special Session ..•.•................... „ 24 --Connell o ........... y, .Tames F., appointed to the Board of Zoning 54 Adjustment.................................................................. 57 Feb. 4 --City Council, Regular Session. " 60 4 ---Civil Service Commissionsubmitting report on ex- „ amination for the position of Building Inspector. 60, 543 4 --Civil Service Commission, submitting report on exam ination for the position of Housing Inspector......... " 4—Civil Service Commission, submitting report on exam. 61, 624 „ ination for the position of Automotive Mechanics. 4 --Civil Service Commission, submitting report on exam- fit ination for the position of Heating, Ventilating, Air Conditioning and Refrigeration Inspector. .......61, 113, 4—Claims paid for month of December, 1973, proof of publication. 623 ...................................................................... " 4 --City Manager recommending 63 to apply for technical as- sistance from the Soil Conservation Service, con- cerning drainage in western area of City ................. " 11 --City Council, Special Session.....,,,,,, 79 " 11—City Manager, submitting 1973 Street Finance Report, 86 INDEX — BOOK 104 1974 SUBJECT ' - ---_— Page 11—Clemens, David L., attorney for CW Enterprises, re- questing renegotiation of proposed grant of revoc- able permit for DeI.uxe Cottage Court ..................... " 11 --CENTURY DRIVE & BIES DRIVE 8 INCH SANITARY SEWER, approving schedule of, necessity for im- provement, approval of proposed plans, and fixing date of hearing...........................................................9` , 18—pity Council, Special Session ............................................. 18—Clark, Walter, being opposed to Ecumenical Housing Project. ...................... ....................................99, 18 --City Solicitor, action terminated with Dubuque Boat & Boiler Co, for permanent use of strip of land lying on the north side of the lee Harbor .................. I........ 25 --City Council, Special Session ............................................. 25—City Engineer, submitting a preliminary Engineering Report on Solid Waste Disposal Facilities ............... 25—Council Proceedings for December, 1973, approved asprinted......................................................................... 25 --Cullen, Kilby, Carolan & Associates submitting pos- sible sites for land fill . ............................................... 25 -Clemens, Dave, representing a Dubuque County Farm Group, opposing Dubuque County Farm Land fill site for various reasons ................................................. 25—Civil Service Commission submitting report of Pro- motional exams for Ambulance Driver -Attendant. Mar. 4 ---City Council, Regular Session ........................................... " 11 --City Council, Adjourned Regular Session ....................... 11—Claims for January, 1974, Proof of Publication ............. " 11—Citizens Transportation Committee, by R. G. Vernon, commenting on the proposed widening of 10th Street from Locust to Bluff . ...................................... I1 --City Engineer submitting '74 Street Program for review. 11—Carr, John I-, Notice of Claim for personal injuries. " 11 --Conry, Carolyn et al, objecting to the rezoning of the Old Timers Athletic & Supper Club Place ............... 11—Century Drive -Biel Drive Sanitary Sewer project be RETURNED TO ENGINEERING DEPT. because of certain legal -technical problems . ............................. 18—City Council, Special Session ............................................. 18—Clemens, David I-, attorney for Advisory Comm., re- questing to retain Mr. Art Kuehn, to do a feasibilit study of Medical Associates Building ........................ " 18—City Manager recommending building known as 85C Monterest St. and located on Lot 24 of Pleasant View Addn., be dismantled and premises cleaned 90, 107 93, 131 98 296, 551 101 111 111 111 112 112 113 119 120 122 126 126 127 127 131 143 Y 144 ....................................... ...................... . ....................... 18—City Manager submitting an Ordinance creating the office of Public Works and the appointment of a Director of Public Works. (White-Urell) .................... 18—City of Dubuque entered into an agreement with Ecu- menical Housing Inc ....................................................... 18 --Cost of Living Proposal, City of Dubuque goes on rec- ord as favoring the implementation of same........... 25 --City Council, Special Session ............................................. 25 ---Claims for month of February, 1974, proof of publica- tion..................................................................................... 25—Corps of Engineers, submitting inspection report and results of inspection of Dubuque Flood Protection Works................................................................................. April 1 --City Council, Regular Session ............................................. 1—Conlon Construction Co., Sidewalk Construction Bond submitted.......................................................................... 1 --Cab Co., A -OK Yellow, requesting fare increase. ....171, 1 ---CITY OF DUBUQUE 1974 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1, on 10th St. from Locust St, to Bluff St. and intersection of 9th & Bluff Sts., CONTRACT NO. 2 P.C. Concrete Pav- ing & Buildings Removal...............................175, 176, W"r 144,194 151,157 155 160 161 161 165,169 169 169 214, 240 257, 594 INDEX — BOOK 104 1974 SUBJECT Page 1—CITY OF DUBUQUE 1974 CONCRETE PAVING WITH - INTEGRAL CURB PROJECT NO. 1 on 10th St. from Locust St. to Bluff St, and intersection of 9th & Bluff Sts., CONTRACT NO. 1, Traffic Signals and Signing .......................................................177, 178, 259, 260 " 1—CITY OF DUBUQUE 1974 CONCRETE PAVING WITH - INTEGRAL CURB PROJECT NO. 2; Dodge St. - Grandview Ave. intersection, reconstruction & sig- nalization; 9th St., 8th St., Hill St. & University Ave., intersection reconstruction . .............................. ............................................................178, 179, 247. 248, 300, 594 " 1—Clin-Que Inc., No. 2 Addn., approving plat and agree- ing to vacation of plat for purpose of extinguish- ing the 5' utilities easement in Lots 4 & 5 ............... 180 " 1—Clin-Que Inc., No. 2 Addn., approving plat and agree- ing to vacation of 5 foot wide utility easement along the South line of the North 30 feet of Lot 4. 181 " 8—City Council, Special Session . ............................... ............. 184 " 8 --Chamber of Commerce, feasibility hearing for new highwayroute................................................................. 184 " 8—Clark, Walter, objecting to proposed high rise ............. 192 " 8—Conzett, Richard N., etal, requesting parking on one side of North Booth when YM -YWCA have public activities........................................................................... 193 " 15—City Council, Special Session . .......................................... 200 " 15—Civil Rights Commission, Iowa, providing technical assistance to local human rights commission........... 200 15 ---Clemens, W. M. Jr., submitting resignation as member of Airport Commission ............................... ............. 201 " 15--Clip-Que Inc., awarded sum of $1052.51, pursuant to contract entered into on October 28. 1968. .. 202 " 15—Clemens, Attorney D., for DeLuxe Motel Inc., petition for annexation covering Lot 2 of 2 of 1 of Deluxe Cottage Court and Lot 2 of 1 of 1 of 1 of 1 of George Jecklin Farm ......................... . .......... 206 " 15• --Crane, Leonard H. and Betty L., Granted Class "C" Beer & Liquor License ................................................... " 17—City Council, Special Session 208 ............................................. 22—City Council, Special Session ............................................. ' 211 22—City Manager submitting City Auditor's Finance Re - Portfor 1973 . ................................ ................. " 215 22—City Manager, returning petition of Dean Franzen on Hempstead High School petition for stop lights..... 215 22—City Manager, returning letter from State Depart- ment of Public Instruction, concerning suggestion City offer a "Summer Food Service." ...................... " 22—City Manager, advising access to the property of David & Audrey Waller has been denied, 216 `216 ................ " 22 --CNA Insurance, relative to subrogation claim iia re- sult of accident with their client Cedar Rentals Inc................................................... " 22—City Manager returning petition of Mr. Cliff Walsh..... " 22 --City Manager requesting authority to 221 224 proceed with the matter of selecting certain major components of equipment involved in the Phase I1 improve- ments to the Waste Water Treatment Facilities..... " 29 ---City Council, Special Session. 234 .............. . " 29—City Manager recommending installation 4 240 of street lights in Key Knolls Sub., per request of J. J. Hanson, Builder . ........................ " 29—Claims for month of March, 1974, .............. -b -I- 240 u tion, Proof of publics- 29—Coast Guard Auxiliary requesting North 241 side of Flrst Street Ice Harbor be used for parks and recreation area.................................................................... . " 29 --County Conservation Society requesting' """"""' • in Ice Harbor be used as a city riverside 242,282 arknarca and tourist attraction . ........................................................ 242, 601 INDEX — BOOK 104 1974 SUBJECT Page May 6 --City Council, Regular Session . .......................................... 257 " 6 --Concrete Paving with Integral Curb Project No. I Tenth Street from Locust Street to Bluff Street and in- tersection of 91.h & Bluff Streets, Contract No. 2 P. C. Concrete Paving & Buildings removal, Necessity for Improvement, Decision of Council upon objec- tions to plans, specs., form of contract and cost of improvements, Ordering Construction. ........257, 593, 594 " 6—Concrete Paving with Integral Curb Project No. 1 Tenth Street from Locust Street to Bluff St. and inter- section of 9th and Bluff Sts., Contract No. 1, Traf- fic Signals & Signing, Necessity for Improvement, Decision of Council upon objections to plans, specs., form of contract and cost of improvements, Ordering Construction . .................................................. 259 G—,Clemens, David L., submitting resignation as repre- om- sentative on the Northeast Iowa Area Crime Com- mission mission............................................................................... 261 " 6—City Manager, regarding a Wilderness Study conducted within the Upper Mississippi Wild Life & Fish Ref- use....................................................................................... 261 " 6—Cooper Heights and W. 5th St, steps be rebuild, peti- tion of Paul W. Gruber, etal....................................... 263 " &--- City Manager, submitting Memorandum of Agreement between City and the Amalgamated Transit Union 329, AFL-CIO, representing bus operators in City Transit Department......................................................... 266 6—City Manager submitting U.S. Highway #E20 at Grand- view Ave. Resignalization Project . ............................ 267 " 6—City Manager advising completion of construction of Sanitary Sewer in East 4th Street Extension. .... 267 " Chicago, Milwaukee, St, Paul & Pacific Railroad Company, Agreement with City, cutting track area approxi- mately in half and eliminating tract and easement in vicinity of real estate proposed to be sold to Wm. C. Brown Co., in Industrial Park, original agreement November 4, 1968 ....................................... 269 13—City Council, Special Session ............................................. 271 13 --City Manager returning petition of Barb Wuelling, speed limit at Hempstead High School ..................... 272 " 13—City Manager submitting contract with Spectra Asso- ciates for the service design checking our police radio network at an estimated cost of $3700 with the County to share in the cost ................................. 272 13—City Manager, returning petition about Sunset Park Circle................................................................................. 273 " 13—City Manager requesting to make application on behalf of the City for preliminary engineering design ser- vices as may be provided by Soil Conservation Ser- vice of the U.S. Dept. of Agriculture ....................... 273 13—Catfish Creek, north fork of, approving the concept of certain soil and water conservation facilities in the watershed of same ................................................... 274,622 13—City Manager submitting Ordinance which will re- quire vehicles to stop on Washington Street before entering the East 24th Street intersection ............... 275 " 13—City Manager requesting authorization to proceed with publication of hearing notice to amend the current 18 month budget............................................................. 276 " 13—Chew, Pat, represented by Atty. J. A. McCallister, ob- jecting to proposals set out by Planning & Zoning for rezoning his property . ............................................ 277 " 13 --City Manager, Asst. submitting application for grant to the Iowa Crime Commission for funds to finance the Youth Referral and Development Program of the Police Liaison -Youth Services Project ................. 277 " 20—City Council, Special Session ............................................... 282 INDEX — BOOK 104 1SUBJECT Page 974 ---- -.- " 20—City Manager recommending denial of Lloyd S. Gu- denkauf petition for vacation of a portion of Dex- terStreet........................................................................... 283 20—City Manager submitting certified audit reports of the Water Dept., Sewage Disposal Works and Parking Facilities.......................................................................... 283 " 20 --Chew, Pat, portions of property in "Westside Manor Place" and "Westside Manor Subd." rezoned to Local Business "A" District and Multiple Residence District............................................................................... 284.342 20—Clemens, Thomas, Granted Class "B" Beer Permit..... 293 28—City Council, Special Session ............................................. 295 28—Code of Ethics, League of Women Voters advising of Advisory's Commission recommendation to adopt same................................................................................... 295 28 ---City Manager recommending denial of Paul F. Moes' request for extension of city fire protection........... 296 " 28—Clifford & Lagen Sts., Schiltz Development Corp. re- questing approval to install eleven boulevard type lights on same................................................................. 297,307 28—Craig, Horner, indicating an interest to lease the land from the City located between 9th and 10th Streets between Milwaukee and Northwestern Railroads..._ 298,339 " 28—City Manager recommending 1974 Asphalt Paving Project No. 1 be awarded to Mulgrew Blacktop Co., bid 10.1% under estimate ............................................. 299 " 28—City Manager recommending bid received from Flynn Co. Inc., 35.01% over estimate, for 1974 Concrete Paving with Integral Curb Project No. 2 REJECT. ED............................................................................. 300 " 213—Construction for 1974 CONCRETE PAVING WI111 INTEGRAL CURB PROJECT NO. 2, REORDEItED. 300, 595 " 28—City Manager submitting resolution authorizing the Manager to prepare a document for consultant in. vestigation and planned development of the E. 4th St. Peninsula Area, and recommending building permits in area be withheld for a period of ninety days................................................................................... 301 " 23 --- Chavenelle, Gilbert D., appointed to Mayor's Indus. trial Development Advisory Comm . .......................... 304 June 3—City Council, Regular Session . ........................... 30? " 3—City Manager recommending installation of eleven street light standards on Clifford & Lagen Sts....... 307 " 3 --City Manager recommending bid request for purchase of a 1250 GPM Fire Pumper ................ " 3—Clemens, Michael Clemens 308,412 and Beverage, represented by attorney Leo A. McCarthy, requesting permis- sion to construct a warehouse between E. 3rd & 4th Sts................................................................ " 3—City Manager recommending contracts be awarded to 311,346 Moldt Electric Service for Contract No. 1, Signals & Signing (23.06% above Estimate) and to Tri-State Paving Co. for Contract No. 2, Concrete Paving & Building Removal (14.03% over Estimate) ............... " 318 3—City Manager submitting resolution authorizing Ma- yor to execute a letter of intent to certain major equipment suppliers for the Phase 11 Wastewater Treatment Facility . ..................................... ,. .................. 3—City Clerk certifying notices 320 of levy mailed by certi- fied mail on 5.9-74 for E. 4th St, Ext. Sanitary Sewer, 1973 . ..................................................... ............... " 5 --City Council, Special Session......-„,,•. 311 ” ............................ 5—City Manager, Ass't. Murray, submitting "Application 323 for Grant" and resolutions relating to request of funds for the communications center of the Joint City -County Law Enforcement Center. ($12,123.13) " 10 --City Council, Special Session ..•.......................................... 323 325 INDEX -BOOK 104 1974 SUBJECT Page " 10—City Manager submitting annual statement for 1973 from Peoples Nat'l Gas ................................................. 325 10—Claims for month of April, 1974, proof of publication. 325 " 10—City Manager returning petition requesting restric- tions on parking on Rosement Street, and recom- mendingdenial............................................................... 325 " 10—City Manager requesting approval of an Ordinance amending traffic code to correct the wording of a section of the Ordinance ............................................... 328 " 10—Crissy Dr, & Kaufmann Ave, intersection, four way stop requested at . .................................................... 329, 382. 383 " 10 --City Manager submitting proposed Affirmative Action Program................... .... ................... 330 " 10 ---Cooperative Agreement between City, Dubuque Coun- ty Metropolitan Area Planning Comm., and Iowa State Highway Comm. for conducting a feasibility study of toll bridges ..................................................... 334 " 17 --City Council, Special Session . ............................................ 339 " 17—City Manager recommending denial of Homer Craig to lease land between 9th & 10th Streets and between Milwaukee & Northwestern Railroad tracks ............. 399 " 17—City Manager, Ass't. Murray, submitting completed copy summarizing planned use of Revenue Sharing Funds from July 1, 1974 to June 30, 1975 ................. 340 " 17—Council Proceedings for January and February, 1974, approved as printed ....................................................... 341 " 17—City Manager recommending that Gruen Associates be permitted to conduct a scope of services study for the East Fourth St. Peninsula area ..................... 346 17—City Manager recommending Asphalt Paving Project Mul- No. 2—R.iverfront Subd. No. 5 be awarded to grew Blacktop, Inc. (2.75% over Estimate.) ............ 347 " 17 --City Manager recommending construction of the sani- tary sewer and storm sewer and watermain for Riverfront Subd. No. 5 be awarded to Stewart Con- struction Co. with the exception of Section 3 of Contract 1. (21.6% over Estimate) ............................ 348 " 17—City Manager recommending construction of 9th, Hill, 8th and University intersections be awarded to Flynn Co., and Dodge & Grandview intersection be DELETED from program . ............................................ 350 " 17—Chalder, Florence E., Granted Cigarette Permit........... 351 " 17—Clarke Super "100" Service Station, Granted Cigarette Permit............................................................................... 351 " 17—Carousel Snack Bar, Granted Cigarette Permit. .......... 352 " 17—Crane, Leonard Ii. and Betty L., Granted Cigarette Permit............................................................................... 352 " 17 --Coates, James E., Granted Cigarette Permit ................... 352 " 28—City Council, Special Session ............................................. 355 " 28 --Canfield Hotel, Inc., Granted Cigarette Permit ............. 355 " 28• --Corbett, Earl G., Granted Cigarette Permit ................... 355 " 28—Cremer, Ralph J., Granted Cigarette Permit ................. 355 " 28---Creslanes Bowling Inc., Granted Cigarette Permit....... 355 " 28—Crockett, Robert E., Granted Cigarette Permit ............. 355 " 28—Clarke College, Granted Cigarette Permit ..................... Permit 356 356 " 28—Clancy, Rita M., Granted Cigarette ..................... " 28---Creslanes Bowling Inc., Granted Class "C" Beer & Liq- uorLicense...................................................................... 357 July 1 --City Council, Regular Session ........................................... 359 " 1 --City Manager, Ass't., submitting resolution applica- tion for community based Youth Services System. 366 1—.Carmel Heights Sub. (incl plat approved . ...................... 369 " 1—City Manager submitting a resolution and engineering services agreement by HD&R to prepare an energy recoverystudy................................................................. 370 " 1 --City Manager submitting revised Affirmative Action Program, also resolution concerning short and long term goals of same ......................................................... 371 INDEX — BOOK 104 _- — ----- 1974 SUBJECT page " 1 ---City Manager recommending authorization to execute "Letters of Intent" to certain major equipment sup- pliers for Phase I1 Waste Water Treatment Facil- ities ..................................................................................... ...................................................... 372, 378 " 7—City Manager submitting Public Employment Pro- gram/Emergency Employment Act of 1971. .......... " 8—City Council, Special Session_ 1:00 P.M.(C.D.T.) ............ 375 " 8 --City Council, Special Session -7:30 Y.M. (C.D.T.) ...... 376 " 8—Culver, Congressman John C., approving resolution 376 passed for development of advance railroad system. " 8—Chiavetta, Lee, complimenting City & Ben O'Leary for efficiency during June storms ..................................... 376 " 8—City of Dubuque, 4th of July Fireworks Display, pub- lic liability policy submitted ...................... ...... 37 " 8—Claims for month of May, 1974, proof of publication. 377 " 8 --City Manager recommending vacation of alley located at extreme west end of Cherry St. and running north from N.P.L. of Cherry St, to S.P.L. of 1st alley south of Green St. abutting Lot 1 of Lot 208 of Finley's Addn. and be sold to Herbert F. Heitz- man...........................................................................:......... 378 8—Garr, Tom etal, requesting installation of street lights between intersections of Balboa & Cortez Dr. and Balboa & N. Grandview ................................................. 378.387 " &--City Manager submitting resolution designating A. G. Heitzman as authorized official to execute in be- half of City, to obtain certain Federal Financial assistance under Disaster Relief Act (Public Law 93288, 91st. Congress)..................................................... 380 " 15—City Council, Special Session . ............................................ 387 " 15—City Attorney submitting results of action with Board of Adjustment relating to Fourth Street Area......... 387 " 22—City Council, Special Session ............................................. 393 " 22—County Attorney notifying of public hearing for deter- mination of payment of storage charges for vehicle of John & Judy Kramer ................................................. 394 " 29—City Council, Special Session ............................................. 401 " 29—City Manager recommending installation of 6 street lights in Key Knolls Subd. on Keymeer Drive, J. W. Hansen Builder............................................................. 402 " 29—City Manager advising West 8th Street Retaining Wall Reconstruction Project has been completed. 404 ., 29—City Engineer submitting schedule of proposed assess. ments for Century Drive & Bies Drive 8" Sanitary Sewer................................................................................. Aug. 5—City Council, Regular Session ..................... " 407 411 5 --Council Proceedings March " 9r 412 5 --Carmel Heights Subd r Sisters of questing street lighting . .............................. ................. " 12—City Council, Special Session. . ......... 413.433 .......................................... 12—Caradeo to discharge into Mississippi River via a storm sewer, 422 application received from same......... ' 12 --Claims for month of June, 1974, proof of 422 publication. 12 --City Manager requesting street lighting for Riverfront 423 Sub No 5 .......................................................423 12—Churchill, Doris, Notice .of.....car.......damages claim ............................ .............. I ........ .... ............ 429, 458, 508, 825 " 12—Civil Air Patrol Week, September 1 to ?, 1974 ............... 430 19—City Council, Special Session.....,, 19—City Clerk authorized to sign Notic..,e to Bidders for the 433 Dubuque County -City Law Enforcement Communi. 26 --City cation System............ ..................................................... 43t1 26 ---Conlon, MsilMarna, relative no'Meyor's •Summer Youth ' ...................... 440 Employment Program............ " 28 —Coffin, George, regarding barricading`U St. Neighborhood ...................•• to Washington 26 --Claims for month of July, 1974 ... ............................. 440 proof of publication. 441 INDEX — BOOK 104 1974 SUBJECT Page " 28 --Callaghan, C.J., objecting to the Delhi Group Home on W. 3rd St........................................................................... 441 '• 28—Cable TV rate increases, objections to.....................441, 442, 509 Sept. 2—City Council, Regular Session ............................................. 3 --City Council, Adjourned Regular Session ..................... 455 456 " 3—City Manager advising firm of HD&R and Cullen, Kil- by, Carolan & Assoc. have completed supplemental engineering report on Solid Waste Disposal Facil- ities and submitting a resolution ............................... 456 " 3—City Manager recommending awarding contract for 24th St. Storm Sewer Repair (between Jackson & Washington) to Tschiggfrie Excavating -8.83% over Engineer's Estimate . ............................................ 463,537 " 3 --Condemnation proceedings to be started on Gantz Farm for landfill purposes ..................................457, 544, 582 " 3—CENTURY DRIVE & BIES DRIVE 8 INCH SANITARY SEWER, decision of Council, Necessity for Im- provement, and Ordering Construction ..................... 464 " 9 --City Council, Special Session . .......................................... 471 " 9 --City Manager recommending to dismantle buildings at 759 Hill St. owned by Julien Improvement Co ....................... ...........471, 498, 568 ................................. " 9 --City Manager recommending....Municipal.Code.... Co.rpora- tion of Tallahassee, Florida, be contracted for codi- fication of the City Ordinances ................................... 472 " 9 --City Manager submitting audit report of the records for the year 1973, conducted by Office of Auditor ofState............................................................................. 472 " 9 --City Manager submitting receipt of proposed bids on the repair of emergency storm damage which oc- curred in summer........................................................... 472 " 18 --City Council, Special Session ................ ... 477 " 16—Council Proceedings for the months of April and May, 1974.................................................................................. 478 " 23 ---City Council. Special Session ............................................. 483 " 23 --City Manager and Asst. City Manager to attend annual the International City Management conference of Association....................................................................... 483 " 23 --City Manager recommending installation of street light in West Hill Subd ........................................................... 484 " .................................... 30—City Council Special Session......... 491 " 30—County Auditor, Harold P. Meloy= submitting results " of Special Election for Recreation Building ............. 491 492 30—Claims for month of August, Proof of Publication....... " 30 -.City Manager recommending approval of transfer of Special Assessment Accounts to the Special Assess- ment Reserve Account ................................................... 493 " 30—City Manager recommending installation of street lights on Aurora St. and Admiral St. in Mettel Byrne Addn. per Mettel Realty & Investment Co. ............................................................................. request.. 493 " 30—City Manager recommending construction of Centuryy Drive & Bies Drive 8 inch Sanitary Sewer be award- ed to Tschiggfrie Excavating ....................................... 499 " 30 --City Manager summarizing Phase H of the Waste Wa- ter Treatment Facility, and submitting a schedule on the bidding of same ................................................. 500 Oct. 7 --City Council, Regular Session ........................................... 507 " 7 --Comiskey Field, Dubuque Bank do Trust, appreciation Court lights be extended to same for tennis at Park................................................................................... 507 " 7—"C" Area, Work session with Council, Recreation Dept., and Dock Commission as to agreement of " same................................................................................... 7—City Manager requesting City Clerk, Leo Frommelt, 507 be authorized to sign City papers on his behalf, while absent from the City, Oct. 10-17 ....................... 507 INDEX - BOOK 104 ---__ - --- ------•----Page 1974 _ SUBJECT _ –.-- 7 --City Manager, Ass't., submitting application for grant to participate in Mini -ASAP program . ...................... „.........................I 14—City Council, Special Session. . 14—Clemens, Dave, Chairman of Advisory Commission, relative to proposed resolution concerning attend- ance at meetings of Boards and Commission........... " 14 --Council Proceedings for month of .Tune, 1974, ap- proved as printed. ..................................................... 14—City Manager, Ass't., submitting copy of status report on the Dubuque funding situation ............................. 14 --Citizens Transportation Committee submitting minutes ofmeeting...........:............................................................. " 14—Citizens Transportation Committee recommending to Stripe Kennedy Road from Asbury Rd. to Pennsyl- vania to 4 lanes; Study implementation of plan to provide a Jackson Street couple with Central Ave. from 21st to Ruby St., providing a right turn at 21st from White to Jackson northbound; Eliminate 3 parking meters on Main St. at First Street for northboundtraffic......................................................... " 14—Church of Latter Day Saints in the Knob Hill Addn.. Robert L. Morris, eta], objecting to installation sys- tem high intensity parking lot lighting R installed by same ..................................................... " 14 --CEDAR STREET I.rF'r STATION, VALVE. & SLUICE GATE MODIFICATIONS -1974 --City Manager rec- ommending improvement of same, Necessity for Improvement and Fixing Date of Hearing on same. " 14—Clark, .Joseph W., Expressing condolences to family and friends of same............................................................... 21—City Council, Special Session . .......................................... " 28—City Council, Adjourned Special Session ......................... " 28 --Catholic Mothers Study Clubs of Dubuque objecting to showing of "Deep Throat" ...................................... " 28—Curtis Straub Co., General Liability and Workmen's Compensation Bonds submitted ................................... 28—Claims for month of September, 1974, Proof of Publi- cation................................................................................. 28—City Manager submitting steps taken by owner of King of Clubs to quiet disturbance at establishment....... " 28—C. J. Bies Sub., rezoning parts of, to Local Business " C1 ' f' t' n 508 ,)Jo 510, 5% 511 511 511,523 511 514 516,556 519 521 522 523 523 524 524 Basst ica io .......... ........................ I ... I ................. ... " 28—City Manager, Ass't., requesting authorization for City Manager to enter into contract, along with Dubuque County and with Motorola Inc. for acqui- sition and installation of communication equip- ment in Law Enforcement Center . ............................ " 28—Chalder, Florence E., Granted Class "C" Beer Permit. Nov. 4—City Council, Regular Session ........................................... " 4—City Manager, Asst., reporting on exceeding budget appropriation of $225,000. in Revenue Sharing Funds for subsidizing Dubuque Transit System..... " 4—Civil Service Commission, submitting report on exami- nation for the position of Electrical Inspector......... 4—City Solicitor advising Gantz Enterprises, farm for landfill, condemnation jury awarded property own- ers sum of $174,400.00................................................... " 4—Community Development, Dept, of, authorized to pub- lish an Invitation for Proposals for privately owned housing............................................................................. 4 ---City Manager advising CENTRAL BUSINESS DIS TRICT TRAFFIC SIGNAL SYSTEM IMPROVE- MENT PROJECT completed by Moldt Electric Serv. ice....................................................................................... 4—Clark & Kroeger (J & RC INC.) Granted Class "C" Beer & Liquor I..icense.................................................. 18—City Council, Special Session ........................................... 529 538 539 541 542 543 544 544,592 545 547 550 INDEX — BOOK 104 1974 SUBJECT page 18 --Council Proceedings for month of July, 1974, approved asprinted...................................................................... " 18 --City Manager recommending NOT using old Naval Re- 550 serve Building; for indoor recreation purposes. (Jim Furry etal request)........................................................ " I"ity Engineer, submitting traffic counts for 90 day 550 period on Washington................................................... " 18—City Engineer recommending items to be included in 552 1975 Street Program; Signals at 20th & Elm St.; In- terconnect of signals at 20th and Elm, Jackson, 14th White & Central: Interconnect of signals on St. at Elm and Jackson Sts.; Construct island at 18th & Central; Construct traffic diverters on Washington St. at 15th, 16th, 18th, and 19th Sts..... 553 Get eCcdar 18 --city Modifi- on.eValve treetiaLift Statier ndtSluice cations• 1974, be awarded to Fondell & Sons, Inc, of Dubuque, .001% below Engineer's estimate. ... Amend- 587 " 18—City Manager submitting resolution and an CONSENT ORDER with Dept. of Environ- ment to mental Quality revising completion date for Phase II of the Waste Water Treatment Facility from 559 July, 1976 TO August, 1977 . ........................................ " 18—City Manager requesting approval to sign contract with U.S. Bureau of Census to conduct a special 580 census of the City in 1975 ........................................... " 18 --City Manager advising that easements for extension of Glen Oak St. have been secured and area will be graded, graveled and seal coated at estimated cost of $3600. (Willmes)................................................ Drive 8" Sanitary Sewer completed 561 " 18—Century Drive-Bies d- by Tschiggfrie Excavating of Dubuque, Iowa, ad- 562 vised of by City Manager . .......................................... vi 18—City Manager advising the sanitary and storm sewer for Riverfront Subdivision No. 5, Contract 1S-etion 2 has been completed. (Roosevelt St. Ext., Kilgore 563 St., and Hamilton St. Ext.) ....................... I .................. .......... " 18—City Manager advising the 10" Watermain for River - front Subdivision No. 5 Contract 1 -Section 1; Roose- Hamilton St. Ext.• velt St. Ext., Kilgore St. and 584 completed. ..................................... 18Enterprises, Inc., Granted Class "C" Beer & 7 Liquor License................................................................ Liquor............................ " 25 ---City Council. Special Session. •.pu..Ii.c 1974, of publica- 588 " 25 --Claims for month of October. proof 568 tion.............................................................ent 25--C. W. Enterprises Inc., lease assienment agreement for portion of right-of-way between City and same of Primary Road Lt.S. X20, requested by Iowa State 569,596 ......................... . Highway Commission. • •••• king...M. ' " 25 Manager submitting; adjusted Street Parking Me: 969 --City ter Ordinance. ..............n ........-rd-i-..g--b-id' " 25—City Manager recommending awarding bid for the con- the Waste struction of Phase 11 Contract IV of Water Treatment Facilities, to J. P. Cullen & Son 574 Construction Corporation of Janesville, Wisconsin. Corporation of Janes- " 25 --_,Cullen J. P., & Son Construction contract for construction ville, Wisconsin, awarded Treat- IV the Waste Water of Phase 11 Contract of . 574 ... ment. Facilities..................................................Sewer 25—CITY OF DUBUQUE issuance of $2,000,000 Sewer costs of construc- Bonds for purpose of defraying tion of Sewage Treatment Plant, Fixing date of for advertisement for same. 575,5 788 meeting and Providing Dec. 2—City Council, Regular Session. ........................... ti Chrm. of 2 -Clemens, Dave, neighborhood parks, p a dvis ryyC n the 3rdtStreet 581 area . ...................................... ........................................... INDEX —BOOK 104 974 SUBJECT --- _ Page " 2—Condemnation for the purpose of erecting, construct- maintaining a sanitary land fill, ing, operating and Notice of Appeal to the District Court for same..... 55889 City Council, Special Session. ............................................ . " 9—................ " 9—City Manager recommending Water Dept. needs be considered before changes be made at 3rd Street Reservoir........................................................................... " 9--Catholic Mothers Study Clubs, Dubuque Deanery, 589 Court Dubuque, C.D.A., Third Order of St. Francis, J.F.K. Council Knights of Columbus, Family Ros- ary Group, Padre Pio Prayer Group, protesting to X films and opening of Triple showing of Triple 589,590 XTheatre ....................................................................... " 9—CITY OF DUBUQUE, 1973 CONCRETE SIDEWALK PROGRAM, completed by Ray McDonald Construc- tion, Final Estimate, Resolution accepting Improve- ment........................................................... 591,592 " 9—City Manager advising of completion of improvement of Tenth St. from Locust to Bluff, and the inter. section of Ninth & Bluff, TOPICS Project No. T-735-7(2)-84-31, Contract No. 2................................. 593 " 9—City Manager advising completion of City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 2.................................................................................. 594 " 9—City Solicitor submitting resolution pretaining to mem. bers of Boards and Commissions attendance at regularly scheduled and held meetings..................... 596 " 12—City Council, Special Session............................................. 598 " 12—City of Dubuque, Iowa, General Obligation Sewer Bonds in amount of $2,000,000., sealed bids re- ceived, providing for the sale and award of same, and initiating proceedings for the issuance of $2,000,000. Sewer Bonds.......................................598, 599, 600 " 12—Continental Illinois National Bank & Trust Company of Chicago, submitting best bid for the purchase of $2,000,000 Sewer Bonds of the City..................... 599 " 16--City Council, Special Session...........................................601 " 16—Conservation Society advising of development and maintenance of Riverview Park at northern end of Industrial Island............................................................. 601 " 16--Court Our lady of Victory 351, Objecting to Triple X movies and requesting City legislation to keep the movies out of the City........................................... 602 " 16--City Manager requesting approval that the Certified Public Accounting Firm of O'Connor, Brooks & Co., audit transactions of Water Utility, Parking & Sewage Facilities Funds for fiscal period 1-1-74 thru 12-31-74; and Auditor of State to audit all other financial funds of City. .................................... 602 " 16—City Manager, Ass't., submitting proposed ordinances relating to the Building Code ..................................... 607 " 16—Curtis-Straub Co. requesting to excavate in street at 2286 Central Ave............................................................. 610 " 16--Crane, Leonard Jack, requesting refund on unexpired portion of Beer-Liquor License..................................... 610 " 16—City Manager submitting Corrected Final Estimate for construction of Century Drive-Bies Drive Sanitary Sewer................................................................................. 810, 811 " 16—City Clerk certifying notices of levy were mailed by certified mail to property owners of record sub- ject to pay for cost of constructing Century Drive- Bies Drive Sanitary Sewer........................................... 611 " 16—Century Drive-Bies Drive Sanitary Sewer, Schedule ofAssessments................................................................. 612 " 16—City of Dubuque, construction of Century Drive-Bies Drive Sanitary Sewer, providing for the issuance of Sewer Bonds in amount of $47,000.00................... 613 INDEX —BOOK 104 SUBJECT Page 16—Center Grove Valley Interceptor Sanitary Sewer, com- pleted by M. F. Goerdt Construction Company .......615 23—City Council, Adjourned Special Session ......................... 620 " 23—Clemens, David, Advisory Commission, relative to Con- flict of Interest Resolution submitted, Press for Neighborhood Parks and Medical Associates Build- ing...................................................................................... 620 23—City Manager recommending buildings known as 1085, 1091, 1095 White Street and 56, 72 and 74 E. 11th St. and located on City Lot 338, owned by Loras & Leta Beadle, be dismantled and cleaned up........... 620 " 23—Claims for month of November, 1974, proof of publica- tion..................................................................................... 621 " 23—Council Proceedings for August, 1974. approved as printed.............................................................................. 621 " 23—City Manager submitting Agriculture Land Exemption Credits List for 1974, to be filed with County Auditor............................................................................ 23 --City Manager submitting a draft concept statement of 621 a proposed impoundment structure on the north fork of the Catfish Creek ............................................. 622 23 ---Civil Service Commission submitting results of Diesel Mechanic examination................................................... 623 23—Civil Service Commission submitting results of Garage Mechanic, examination. .................................................. " 23—Civil Service Commission submitting results of Food 623 Sanitarian examination . ................................................ " 23—Chicago & North Western Transportation Co., denial 624 of claim of accident at their railroad intersection with the driveway leading from Kerper Boulevard to Thruput Terminal, involving Donald E. Robinson. 625,626 " 23 ---City of Dubuque, authorizing the issuance of $2,000,000 Sewer Bonds and providing for the levy of taxes topay the same............................................................... " 23—City Manager, AWL, submitting resolutions to comply 626 with directives of the Fair Labor Standards Act as to work periods for Police & Fire Departments..... 630 INDEX —BOOK 104 174 SUBJECT page D Jan. 7 --Dubuque Bank & Trust Company, appointed official 2 depository of City Funds . ............................................ 7—Dubuque Police Protective Ass'n., requesting a meet- ing with City Council due to impasse having been reached in negotiations ................................................. 2 " 7—Dubuque Professional Firefighters Ass'n., requesting a meeting with City Council due to impasse having been reached in negotiations ....................................... 2 7—Dubuque Life Insurance Co., submitting a proposal to purchase only that {part of city -owned property ad- jacent to Brammer s Store property at University & Delhi, which has been improved as a parking lot. 7 " 7—Drive-In Restaurant, an Ordinance repealing the defi- nition................................................................................. 10, 65 " 7—Dubuque Motor Hotels Inc., requesting refund on Beer -Liquor License....................................................... 11 7—Dave's Point After, granted cigarette permit. ................ Class "C" 25 7—Drake, Ursula, Granted Beer and Liquor License.............................................................................. 26 " 21—Dubuque Oil Terminal Co., constituting a notice of exercise of the second of nine successive options to extend their lease for respective periods of five " yearseach............................................................ ..... 30 21—Dubuque County advising that the W% of Lot 352 in Fast Dubuque Addn, to the City of Dubuque was sold to them on December 4, 1972, and the right of redemption will expire within 90 days. ............... 30 " 21—Dubuque County Fair Ass'n., objecting to the land- fill site proposed for the County Home area........... 34 " 21—D. A. V., requesting refund on Cigarette License......... 37 " 21—Duffy, John C. & Margaret, Eminent Domain proceed- ings to purchase parts of Lots 639 and 640...........48, 49, 274 " 24—Davis, David G., appointed to Human Rights Commis- sion..................................................................................... 57 " 24—Dock Commission, agreement with Molo Sand and Gravel Company, providing for escalation of ren- tals. ......................................... Feb. 4—Dock Commission advising negotiations in progress with the Dubuque Yacht Basin for proposed lease and agreement for Schmitt Harbor ............................. 64 " 4—Dogs, the keeping of, licensingof, providing penalties for, and etc„ Ordinance No, 8-74, •................ 4—Dubuque Lumber Co., approving agreement with, for " rental of a portion o Naval Reserve Building....... 4—Design Center Inc., Granted Cigarette Permit. ... 80 81 " 11—Dock Commission submitting minutes of meetings. " .............................................85. 295, 433 11—Dubuque Plbg, & Htg. Co., Comprehensive Liability " Bond submitted .................... .................... 11—Dubuque Savings & Loan Assq g permission. re uestin i n 87 " to extend an entrance way three inches ................... 87 11—DeLuxe Cottage Court, David L. Clemens for CW En• terprises requesting renegotiation of a proposed grant of revocable permit . ........................ . . 18—Dubuque Boat and Boiler Company, action terminated with the City for permanent use 90, 107 of strip of land lying on the north side of the Ice Harbor. " ......... 25—Dennis Dorgan Sub., part of rezoned for off-st....reet.. of'f'-'s'tre'e't parking. (Gruber) ........................ 101 ............. April 1—Dubuque County Municipal League dissolved, 114,148 repre. sented by Area Council of Governments, " ................ 8—Dempsey, Edgar M., applauding Council Action on Noise Abatement Ordinance..•.,,,,•„•.•. 172 ” 8—Dubuque Sports Unlimited Inc., requesting• io. permission n to conduct a parade on April 20, 186 1974.....•.........•....... 194 INDEX - BOOK 104 Donovan, Jerry Dubuque Jaycees Dubuque Realty DeLuxe Motel Dubuque Sports Unlimited Inc. Davenport Times Doweller Delos Dubuque Transit Trustee Board Dittermore, Daniel Dock Commission Deveaux, Raymond Dolter, Richard Dubuque Stone Products Co. Dutton DAV Auxiliary Committee Downtown Association D.B.Q Inc. Dana and Delmonaco Drives Dubuque Ambassadors Dept. of Housing and Urban Development Diener, Joseph L. Dexter Street Disaster Claim Doyle, Joseph DeLeuw Cather & Co. Dubuque Golf & Country Club INDEX —BOOK 104 1874 — SUBJECT__--- ----__-_-- Page " 28—Dorothy, Robert, appointed to Mayor's Industrial De- velopment Advisory Comm ........................................... 304 June 10—Dubuque County requesting suspension of 1973 taxes for Louise Bieberman, Helen M. Bradley, Blanche Donovan, Elsie E. Lange, Bernard W. Mihm, Rob- ert G. Ogaard, Elma M. P.embold................................. 32q ' 10—Dittemore, Daniel Development Planner, requesting acceptance of cooperative agreement between City, Dubuque County Metropolitan Area Planning Comm. and Iowa State Highway Comm. for con. ducting a feasibility study of toll bridges . .............. 334 " 10—Dubuque County Metropolitan Area Planning Comm., Iowa State Highway Comm., and City, cooperative agreement between same for conducting a feasi- bility study of toll bridges ........................................... 334 " 10—Development Planner, Daniel Dittemore, submitting resolution affirming the 1990 Transportation Plan for the Dubuque Metropolitan area to maintain a continuing transportation planning process ............. 335 " 17—Denman, Tim C., Denial of 'Notice of claim ................... 341 " 17—Dubuque County Historical Society, requesting to adopt a policy of consulting with Renovation Ad- visory Committee when considering and remodeling buildings under City Control ....................................... 344 " 17—Dodge and Grandview intersection be deleted from 1974 Concrete Paving Project No. 2 . ........................ 350 " 28—Dittmar, Rudy, Granted Cigarette Permit . .................... 355 " 28—Donovan, M. L., Granted Cigarette Permit ..................... 355 " 28—Dubuque Golf and Country Club, Granted Cigarette Permit............................................................................... 355 " 28—Dubuque Packing Company, Granted Cigarette Permit. 355 " 28—Dunbar, Jack, Granted Cigarette Permit ......................... 355 " 28—Dunne, William, Granted Cigarette Permit . .................. 356 " 28—Drake, Ursula, Granted Cigarette Permit ......................... 356 " 28—Dubuque Jaycees, applying for transfer of Beer Permit License from 10231, Main Street to 2241 Lincoln Ave..................................................................................... 358 July 1—Dolter, Gerald T., Notice of Claim....I.............................. 361 " 8—Dubuque Bicentennial Committee advising celebra. tion of bicentennial birthday will be from July 18th to31st, 1976..................................................................... 376 " 15—Dubuque Jaycees, applying for transfer of Beer Per. mit f.om 10231/2 Main Street to McAleece Recrea• tion Softball Fields .................................................. .. 391 22—Denlinger, Duane A., Chrm, of Dubuque County Com- mittee for Handicapped Persons submitting Sen. ate Files 1124 and 1125 . .............................................. 393 " 22 --Dubuque County/Municipal Civil Defense Agency sub. mitting report for 1973 . ............................. 394 " 22--Dittemore, Dan, submitting status of petition of Dor- ranee Pitz & others concerning zoning in Bluff & 4thSts. area..................................................................... 398 " 29—Dorweiler, Delos A., requesting action on the cutting of weeds in various areas surrounding his property at 2105 Kennedy Road ................................................... 403 Aug. 12 --Dillon, Pat, Pres. Local 94 UAW, requesting exact loca- tion of contaminates in Mississippi River be found. 422 " 12—Downey, James M., denial of car damages claim........... 425 " 12—Donahue, Mary, relative to Dubuque Composite Squad- ron. ............................................................ . ..................... " 12—Diener, Joseph L., Granted Cigarette License. 430 ... " 19—Dubuque County -City Law enforcement communication 432 system, City Clerk authorized to sign Notice to Bid- ders for same........................ ........................................ " 26—Derks, David, etal, objecting to group home in W. 3rd 439 St. area . ........................................... ....... .......................... 441 INDEX —BOOK 104 1974 SUBJECT Page 26—Dubuque County requesting suspension of taxes for Eleanor E. & Donald G. Boettcher for 1973 and % of1974 taxes................................................................... " 26 --Dillon, Charles D., Notice of Claim ................................. 444 444 " 26—Dubuque Packing Company, Granted Class "C" Beer 452 Permit...........................................................................I... Sept. 3—Deere & Co., applying for authority to discharge in the Mississippi & Little Maquoketa Rivers thru 458 U.S. Environmental....................................................... 3—Daughters of the Union Veterans, requesting permis- sion to sell flowers on Sept. 27th & 28th ............... 461 " 3 --Dubuque County requesting suspension of 1973 and 2 46.. first half 1974 taxes for Leona G. Ricken. .............. 16—Dubuque Ambassadors advising their entry has been entered with Iowa Community Betterment Pro- 524. 541 gram..........................................................................477. 23—Duggan, John J., et al, objecting to removal of fence around water reservoir at Burch and Third St., and objecting to installation of tennis courts . .......... 486, 524, 589 " 23—Dubuque Packing Co., by Alfred Hughes, requesting amendment to Zoning Ordinance of Article VIII— Heav,y Industrial District, Section 1—Use Regula- 519, 522 tions..........................................................................490. " 23—DACCM Russell Nash, President, meeting to help 492 solve the housing crisis in City . .................................. Oct. 7—Dubuque Bank & Trust, appreciation be extended to same for tennis court lights at Comiskey Field....... 507 " 14—Denlinger, Lyle C., Notice of Claim ................................. 512,551 520 " 14—Davis, Carl L., appointed to Advisory Commission....... " 28—Dubuque Wisconsin Bridge Co., requesting to construct 532,571 a new plaza served by two toll houses ..................... " 28—Dubuque Sports Unlimited, requesting refund on un- 532 expired portion of Class "B" Beer Permit ............... 28—Dubuque County, and City of Dubuque to enter into contract with Motorola Inc. for acquisition and in- stallation of communication equipment in Law En- forcement Center, City Manager authorized to sign 538 same................................................ ............................... Nov. 4—Dorothy, Bob, submitting results of Dubuque Ambassa- dors entry in the Iowa Community Betterment 541 Program............................................................ ........... ...... " 4—Drake, Ursula, requesting refund on unexpired por- 544 tion of Cigarette License . ............................................ 4—Dept. of Community Development, authorized to pub- lish an Invitation for Proposals for privately owned housing............................................................................... " 18—Diverters to be constructed on Washington Street at 544, 592 15th, 16th, 18th and 19th Sts., City Engineer recom- 553 mending to be included in 1975 Street Program..... " Packing Co., represented by Atty. Al Hughes, 18 --Dubuque beinJ opposed to any changes proposed for the St. area 553,554 Washington ....................................................... to proposed changes in the Wash- " 18—Davis, Carl, opposing 553 ington St. area. .......... " 18—Dubuque Casket Co. etal, objecting to the blockading 554 ofWashington St ........................................................... " 18—Duggan, John J., requesting permission to install 555 street lights in Knob Hill Subd................................... " 18 --Dept. of Environmental Quality, City Manager submit- an Amendment to Consent Or- ting resolution and der with same, revising completion date for Phase II of the Waste Water Treatment Facility from 559 July, 1976 to August, 1977.... •.• •••• • • " 18—Dubuque Marina Inc., possibility of connecting to the 565,601 sanitary sewer in the area ........................................... " 18—Dechristopher, M. Jack, and Donald P. Shanley, 567 Granted Class "C" Beer & Liquor License ............... INDEX — BOOK 104 - - 1974 SUBJECT _.._.---------- ---_— Page " 25—Dorweiler, Delos A., relative to subsidized 75% lease Kennedy on four bedroom home for indigent on 568, 581 Lot at Carter Road. ................................. on unexpired portion 25—Drake, Ursula, requesting refund 573 of Beer -Liquor License . ................................................ 25—Department of Environmental Quality, approving the sanitary & functional features for Timber Ridge 568 Addn., subject to several stipulations ....................... " 25—Deininger, George, relative to equipment needs for the bus system ........................... ............ " 25—Department of Transportation, United States of Amer- 576 ica, filing of an application with same, for a Grant under the Urban Mass Transportation Act of 1964, asamended........................................................ 576.577 Dec. 2—Dept, of Environmental Quality submitting construc- 'Treat- tion permit No. 74-378S for Waste Water ment Facilities Phase 11 Contract IV ......................... Sat 9—Dubuque Homebuilders & Associates disagreeing with proposed increase in cost of building inspection 589 in proposed City Building Code ................................... 9—Day, Robert L., Sr., opposing type of transportation used for signing Mass Transit Bili in Washington. 589 " 16—Dock Commission recommending steps to encourage the Dubuque Marina Inc., to have sewer service installed............................................................................. 601 " 16—Demkier, Harold B. and Dorothy, deeding part of Avo- ca Street, located West of the West Property Line of the East 28' of the West 50' of the West 100' of Lot 2 of Mineral Lot 179, per agreement set forth at public hearing on the 1973 Sidewalk Program. " 16—Diener, Joseph L., on unexpired por- 605 requesting refund tion of Beer -Liquor License . .................................. I ....... 610 16—Diener, Joseph L., requesting refund on unexpired 610 portion of Cigarette License ........................ " 16—Design Center Inc., dba Julien Motor Inn, Granted Class "B" (Hotel or Motel) Beer & Liquor License. 618 INDEX — BOOK 104 _ 1974 SUBJECT -Page E Jan. 21—East 41h Street Extension Sanitary Sewer -1973, De- cision of. Council upon objections to plans, specs., form of contract and cost of improvements; and Ordering Construction................................................. 44 " 21—Easement agreement between the City and Illinois Central Gulf Railroad to construct 8" sanitary sew- er line under tracks at Clinque Addn, of Century Dr...................................................................................... 45 " 21—Eminent Domain proceedings for the acquisition of parts of Lot 639 and 640 from John C. & Margaret. Duffey. ... .... ... .............................48, 49, 274 " 21—Eska Co., Granted Cigarette Permit .................................. 51 " 24—Equitable Life Assurance Society, Joseph J. Meyer, company interested in submitting a proposal for long term disability life insurance and hospitaliza- tion..................................................................................... 54 Feb. 18—Ecumenical Housing Inc., asking Council to appropri- ate $100,000. to enable "Ecumenical Tower" to be- come a reality.....................................................98, 99, 154, 385 " 18—East 4th St_ Extension Sanitary Sewer contract be 108,267 awarded to Tschiggfrie Excavating ............................. 'liar. 11 --Ecumenical Housing, Notice of Petition for Injunction to the implementation of Rift for $100,000.......127, 296, 551 18—Ernst, Daniel P., notified that building known as 850 Monterest. Street and located on Lot 24 of Pleasant View Addn., be dismantled and premises cleaned ................................................................. " 18—Ecumenical Housing Inc., entered into an agreement 144,194 with City for $100,000....................................(..t............. 155 " 18—Eagles, Fraternal Order of. Granted Class "C°' Beer 159 and Liquor I.icense.................................................. I...... " 18—Elliott, Delores B., Granted Class "C" Beer and Liquor License............................................................................ " 18—Erschen, Alice H., Granted Class "C" Beer and Liquor 159 License (Sunday Sales) .................................................. 159 April i—Erner, Elmer jointly with John C. & Mary Wagner, Noticeof Suit................................................................. 170 " 22—Edwards Concrete Contractors Inc., Sidewalk Construc- tion Bond submitted .................................................. " 22—Eminent Domain Proceedings instituted for entering upon certain real estate for purpose of making subsurface soil investigations on Gantz Enterprise Farm and David and Audrey Waller Farm . ...... 217, 457, 544 " 22—Ecumenical Housing Inc., authorized to construct 2Z footings. .......................................... . " 29—Edmonds, E. W., objecting to condition of Rockdale Road. ............................................ .................................. 243 May 6—East 4th Street Extension, construction of Sanitary 267 Sewer completed . .............................................. I ...... ....... " 13—Elley, Rlaph C., Jr., Notice of Claim ............................... 274.309 " 28—East 4th St. Peninsula Area, consultant investigation 4 and planned development of same, and building permits in area be withheld for a period of ninety days. .................................... . ........................................... 301 June 3—East 4th St. Ext. Sanitary Sewer, Schedule of assess 311 mentssubmitted............................................................. Order of, Granted Cigarette Permit. 352 " 17—Eagles, Fraternal " 1?—Elks Club, Granted Cigarette Permit. . ............................. 352 " 17—Eska Co, Granted Cigarette Permit ................................. 352 355 " 28—Elliott,Delores , Granted Cigarette Permit ..................... " 28—Egli, " 28—Ellis, Victoria, Granted Cigarette Permit ....................... 355 Harry E., Granted Cigarette Permit ...................... July 29—Eighth Street Retaining Wall Reconstruction Project 404 completed. ............................................... ......................... " 29—Erschen, Mrs. Alice, Granted Cigarette License. .......... 408 INDEX — BOOK 104 Page 1974 Aug. 5—East Central Intergovernmental Assn. assessment in 412 " amountof $15,577.25 . .......................... I......................... for the purpose of acquiring lands, estab 12—ELECTION lishing, constructing and equipping a recreation incurring indebtedness for building thereon and such purposes, petitions for same submitted by Playground & Recreation Comm ................................. 423,491 " 12—Egan, Patrick J., Notice of real estate damages claim 429 " 19—Elliott, Frank, Notice of Claim ......................................... 435 " 26—ELECTION to be held on the proposition of issuing bonds to an amount not exceeding $2,500,000, for a recreation building . ...................................................... 447,491 Sept. 3—Fast Central Intergovernmental Assn, taking inventory status of flood insurance applications for par- of ticipation in our region ................................................. 458 " 23—Eickert, Chas. E . , Sub., Planning & Zoning recommend- ing approvalof same .................................................... 487 Oct. 28—Eberhardt, Mrs. Anthony objecting to Triple X movies in Dubuque....................................................................... 5..' 3 " 28—Eagle Point View, Board of Park Commissioners, own- er of Lot 2 of Lot 1 of Lot 1 of same, exchanging for Lot 2 of Eagle Point View owned by John V. Meehan & Naomi R. Meehan...............................536, 584, 616 Nov. 18—Eagles Discount Supermarket #109, Granted Class "C." BeerPermit.................................................................... 566 25—Eagle Point Bridge, owners of same, authorized to construct and maintain Toll Plaza with two toll houses............................................................................... 571 " 25—Ehlinger, Thomas, Granted Class "C" Beer & Liquor License.............................................................................. 578 Dec. 2—Environmental Quality, Dept, of, submitting construc- tion permit for Waste Water Treatment Facilities Phase II Contract IV ..................................................... 581 " 2 --Ehlinger, Thomas, Granted Cigarette License . .............. 586 " 16—Elks, Benevolent and Protective Order of same, Granted Class "C" Beer & Liquor License ................. 61.8 INDEX — BOOK 104 1974 SUBJECT page Jan. 7—Frommelt, Leo F., appointed City Clerk for ensuing year.................. ................................................. ............... 7—First National Bank of Dubuque, appointed official I depository of City Funds . ............................................ 2 7—Fettgather, Ramona, requesting refund on unexpired portion of Beer -Liquor Combination License .......... 11 11—Feller, Mr. Paul, indicating an impasse has been reached with the personnel Dept ................................. 28 21—Fransen. Lorraine, Granted Class "C" Beer and Liquor License. .............................................................................. 53 pointed to Youth Services Board. 24—Fyten, Mrs. Jean, appointed 57 24—Foote, Donna, appointed to the Advisory Commission. 57 24—Farley, Michael, appointed to the Advisory Commis- sion. .................................................................................... 57 Feb. 4—Foxley, Elisabeth, advising Dubuque Town Clock and Dubuque Shot Tower has been considered for Na- tional Register of Historic Places . ............ .................62 11—Fens, Adele Granted Class "B" Beer Permit ................. 96 25—Funk, Harvey of H.D. & R., proposing County Farm best possible site for land fill ..................................... 112 25—Five Flags Center Fund Executive Committee, prog- ressreport given ............................................................. 112 25 --Five Flags Civic Center, restoration bids to be opened. 112 Mar. 11—Flood Protection Project, Stage I of Local, March 1, 1974, official date of transfer ....................................... 120 II—Funds for 701, Planning & Management, authority to negotiate for by City Manager ..................................... 123,124 11—Fransen, Dean, requesting installation of stop lights at Hempstead High School . ...................................... 130,215 II—Five Flags Center Fund, To purchase Orpheum Thea- tre for restoration and/or renovation . ...................... 138,139 18 --Freeway 520, Public Hearing on relocation of same, to be held at Epworth, April 18, by the Iowa State Highway Commission . .................................................... 143 18--Fondell & sons. Inc., General Liability Policy Bond submitted. ........................................................................ 144 18 --Fitzgibbons Neldia Jane'Granted Cigarette License. 158 18 --Fitzgibbons: Neldia Jane, Granted Class "C" Beer and LiquorLicense . ................................................................ 159 18—Fraternal Order of Eagles, Granted Class "C" Beer and Liquor License ......................................................... 159 2 --Five Flags, Mr. Wayne Norman requesting that the -5 east half of the Orpheum block be sold to same. 161 25—Flood Protection Works, inspection reports and results of inspection of same, submitted by U.S. Corps of Engineers. ........................................................................ 165,169 April 1—Furuseth, Leslie, submitting resignation from Dock Commission. .................................................................... 182 I—Ford, Mary Kathryn, Granted Class "C" Beer & Liquor License. ................................................................... . .......... 1—Farrell, Sister Carolyn, appointed to Civil Service 182 Commission. ...................................................................... 8—Frick Mr. & Mrs. John, objecting to proposed Ordi- 183 nance Prohibiting parking on Kaufmann Ave. from Chaney Rd. to J.F.K. Rd ............................................... 185 8—Fox, Robert, objecting to proposed high rise ................ 192 8 --Flight 4-5-60, a Cultural Enrichment Program pre- sented. ................................................................................ 198,201 15--Freihage, Edward A., object to storm sewer washout problem on south side of the McDonald's restau- rant..................................................................................... 22—Faust, Adeline, suggesting changing of routes for 209 garbagetrucks . .......... ..................................................... 213 22—Freeway 520, App the concept of the proposed highway in the=y of the City of Dubuque. 211,237 a INDEX — BOOK 104 for purchase of a 1250 GPM . ...................................... Page " 22—Freeway 561 approving the concept of the proposed Dubuque 238 freeway i; the vicinit , of the City of . ...... recrea- " 29—First Street lee Harbor be used for park and tion area, requested by Coast Guard Auxiliary....... 242,282 29—Friedman, Leona R., Granted Class "C" Beer & Liquor 254 License. .............................................................................. 331 May 13—Fonley, Doyle W. and Marilyn, Settlement of Claim. 20—Fengler & Lincoln Sts., corner of, stop sign requested 274 by David Schumacher, et al (21 signers) ................... 286,363 28—Flynn Co. Inc., 35.01% over estimate, for 1974 Con- E- crete Paving with Integral Curb Project No. 2, RE- JECTED.................... ......................................................... JECTED............................................................................. 28—Fischer Bowling Lanes, Granted Class -C11 Beer & Liq- 300 uorLicense . ...................................................................... 304 June 3—Fire Pumper, City Manager recommending bid requests for purchase of a 1250 GPM . ...................................... 308,412 3—Fondell & Sons Inc., requesting permission to excavate at intersection of Woodrow & Hillcrest Dr. for wa- ter line connection . ........................................................ 310 10—Friloux, Edgar, relative to Affirmative Action Pro- gram. .................................................................................. 17—Fitschen, Michael et ux, requesting erection of a fence 331 between their property at 3160 Ideal Lane & Falk Park to protect personal property . ............................ 344 17—Ford, Alan, et al (13 businesses) requesting as mer- chants in Plaza 20 Shopping Center for a change in traffic pattern on their entrance way . ................... 1.4 345 17—Flynn Co., Inc. awarded contract for 1974 Concrete Paving with Integral Curb Project No. 2-91.h, Hill, 8th and University St. Intersection only . ................ 350 17—Fischer Bowling Lanes, Granted Cigarette Permit~ ...... 351 17—Fink, Milton, Granted Cigarette Permit. .......................... 351 17—Ferring, Theodore J., Granted Cigarette Permit . .......... 351 17—Fraternal Order of Eagles, Granted Cigarette Permit. 352 17—Firestone Tire Co., Granted Cigarette Permit ............... 352 28—Fransen, Lorraine, Granted Cigarette Permit ............... 355 28 --Friedman, Leona R., Granted Cigarette PermiL ............ 355 28—Fens, Mrs. Adel, Granted Cigarette Permit ................... 356 28—Fitzgibbons, Jane, Granted Cigarette Permit ................. 356 28—Ford, Mark K., Granted Cigarette Permit ....................... 356 July 1—Fenelon, Patrick, Granted Cigarette Permit . .................. 373 8—Fleckenstein, Ray, Granted Cigarette Permit . .............. 381 8--Fransen, Lorraine A., Granted Class "C" Beer & Liq- uor License ....................................................................... 382,391 15—Fourtb Street area, City Attorney submitting results of action with Board of Adjustment relating to Same. ..................* *, , .... * ..... *-**-**,, ......................................... 387 15—Fort Dodge, i of, submitting resolution encourag- ing the concept of advance rail system for North- ernIowa . .......................................................................... 389 22—Fondell & Sons. Inc., requesting permission to exca. vate at 1525 Rhomberg Ave. to repair broken wa- terline . .............................................................................. 394 22—First National Bank, certificate of completion for im. Provements on Block 18 in Urban Renewal Project, IowaR-15 .............................................................. ...... 395 22—Fourth Street & Bluff area. Dan Dittemore sulmil-irig status of petition of Dorrance Pitz & others concerning zoning in area . ......................................................... ...... 22—Frommelt, Paul J,, reappointed to Playground & Ree. 398 reation Commission . ...................................................... 29—Five Flags Center, Playground & Recreation Commis- 399 sion submitting feasibility report on Ice Facility and outline of same . ..... i ; .................................... ....... 29— 116 "F. D. R. Park View 41 SUbd, in Table Mound Twp. 402 plat be approved. ..... I ..... I ....................... ......... 405 INDEX — BOOK 104 1974 SUBJECT Page Aug. 5—Fourth St. Peninsula, Councilman Brady submitting feasibility report on extending Kerper Blvd. from 9th St, to 2nd St., as key to opening same . ........ 418, 433, 458 12—Farm Bureau Mutual Insurance Co., subrogation claim for their client, denied . ................................................ " 12—Fleege, Donald J., denial of car damages claim. .. .......... laim............. 19 --Flood Disaster Protection Act of 1973 amended, being flood wall is completed, and flood insurance rate mapto be revised........................................................... 26—Furry, Jim, eta], requesting permission to use the old Naval Reserve Building for indoor sports ................. Sept. 3—Federation of Labor advising that Sept. 2nd thru 8th designated as Union Label Week by AFL_CIO . ........ 9--F. D. R. Park View Heights in Table Mound Township, Planning & Zoning recommending final approval ofsame............................................................................. 23—Ferring, Theodore J., Granted Class "B" Beer Permit. Oct. 7—Frommelt, Leo, City Clerk, be authorized to sign City papers on behalf of City Manager, while absent from the City, Oct., 10-17 ............................................. 14—Fire Limits, Ordinance establishing same for the City, for the purpose of the protection of closely built commercial districts against the hazards of fire spreading from building to building, by supple- mentary restrictions on the construction permitted withinsuch limits....................................................... 28—Farley, Michael, resigning from Citizens Advisory Commission....................................................................... 28—Fuerste, Wm., representing Dr. Klauer, requesting af- firmative vote on rezoning parts of C. J. Bies Sub. to Local Business"B" Classification ......................... " 28—Fischer Investment Co., validity of a building permit issued to same at corner of 5th & Bluff Streets, questioned................................................................ Nov. 4—Fischer, Inc., Sidewalk Construction Bond submitted. " 4—Freeway, resolution approving the alternate "Rail- road" Alignment of the proposed Dubuque Down- townFreeway................................................................... 18—Fondell & Sons, Inc. of Dubuque be awarded contract for the Cedar Street Lift Station, Valve and Sluice Gate Modifications, 1974, .001% below Engineer's Estimate............................................................................. " 25-7ront Street, renaming portion of same to Volunteer Drive................................................................................. 25—Fees by consultants H D & R, for construction of Sew- age Treatment Plant to be frozen ............................... 25—Filing an application with the Department of Trans- portation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, asamended...................................................................... Dec. 16—Fire Prevention Code, proposed Ordinance submitted 16—Fire Zones, creating and establishing same, proposea Ordinance submitted.................................................... " 23—Formanek, Gary E., furnishing technical advice rela- tive to the impoundment structure and lake o the north fork of Catfish Creek . ............................... 23—Fenelon Place, Wm. P. Morehouse, etal, requesting re moval of "No Parking" signs on the south side of 425 426 434 453,550 457 475 488 Gilb 513 525 529 532 542 548 557 573 575 576,577 608 608 n 622 same................................................................................... 23 --Fair Labor Standards Act as to work periods for Police & Fire Departments, resolutions to comply with directives of same, submitted by Asst. City Man- ager................................................................................... a 629 630 INDEX — BOOK 104 _ ------- SUBJECT Page 1974 7—General Drivers & Helpers Union, requesting a meet- Jan. ing with City Council due to impasse having been 2 reached in negotiations. ............................................... " 7—Grandview Ave. and N. Grandview intersection, rec 5 replacement of three street lectin ommending to b " 7—Grevas, Mr. Andrew, Mayor of Asbury, ) g fill site at the County Home. .... 8 the proposed land " 7—Gore, Lew, requesting refund on unexpired Beer-Liq- 11 uor License. ............................. " 7—Glew, Steven J., granted cigarette permit ...................... 25 " 7—Glew, Steven J. Granted Class "C" Beer and Liquor 26 License. ............................................. " 21—Gross, Paul & Lois, objecting to the landfill site pro- posed in the County Home area ................................... 34 " 21 --Gleason Memorials, requesting consideration for pur- 36, ]14 chase of platted alley, abutting their property. .... 35, 277 " 21—Girls Center, reestablishment of same ............................. Feb. 4—Gardner, Les, Petition relative to the status of Cor- 78 nerstone............................................................................ " 18—Gerdis, Henry Jr., requesting refund on Cigarette 107 Permit#193..................................................................... " 25—Gruber, James, recommending approval of petition from same for off-street parking on portion of 114, 148 property on Dorgan Place . .................................. I......... Mar. 18—Gaber, K. W., Const. Co. contract for demolition & 158 clearance in Urban Renewal Area ............................. Mar. 18—Guzzle, H. L., Notice of Claim for auto damages........... 145 April 8—Giese Sheet Metal Co., objecting to 45 db(A) as too restrictive......................................................................... 188 " 22 ---Gartner, E. A., et al (55 signers) objection to possible construction of six story apartment building on lot behind Graham Circle . .................................................. 213 " 22--Grutz, Clarence (Barney), Sidewalk Construction Bond submitted.......................................................................... 216 " 22—Gantz, Jim, stating Gantz farm not available for land fill purposes . ..........................................217, 456, 457, 544, 555 " 29—Goetzinger, Mrs. Rosemary K., requesting not to va- cateE. 28th St................................................................. 242 " 29--Goetzinger, Mr. James, appointed to Human Rights Commission....................................................................... 254 May 6—Gibbs, Robert T. & Dorothy, requesting rezoning of Lot 1 in Wiegand's Sub. from Single Family to Multiple residence classification with sculptor's " use. ..263 6-Gruber,Pa.ul.W,.et.al,.r.eques.tin.g.to.reb.uildt.h.e.step.s between Cooper Heights and W. 5th Street. .......I.... 263 20—Gudenkauf, Lloyd S., petition to vacate portion of Dex- ter Street DENIED ......................................................... 283 " 20—Glen Oak Street be extended from end of 1900 block to Rosedale Ave., per request of Joe Tauke, et al. ...................................................................................... 287, 498, 561 " 28—Great Atlantic & Pacific Tea Co., Granted Cigarette License............................................................................... 303 June 3—Gatena, Bud, requesting consideration of an area around airport for off-street vehicle riding . ............ 310 3 --Giesler, Duane R., appointed to the Planning & Zon- ingComm......................................................................... 322 " 10—Grant, James W., Notice of Claim ..................... ..... 328,402 " 10 --Giese, Marie, et al, requesting four way stop signs at Crissy Dr. & Kaufmann Ave. and Marywood Dr. & Crissy Dr., flashing caution lights; removal of shrubbery at Crissy Dr. & Kaufmann Ave., more frequent radar checks, lights at Kaufmann Ave. & J. F. K. Road................................................................... 329 INDEX — BOOK 104 1974 SUBJECT Page " 17—Gruen and Associates authorized to proceed with a proposed scope of work for an Fast 4th St. Penin- sula Development Study in amount of $10,750 with $3500 additional, if necessary . ................................... 1 347 " 17—Grandview & Dodge Sts. intersection be deleted from 1974 Concrete Paving Project No. 2 ........................... 350 " 17—Grandview Drugs, Granted Cigarette Permit ................. 351 " 17—Grabow, Ralph J., Granted Cigarette Permit ................... 351 " 17—General Cinema Corp., Granted Cigarette Permit......... 351 " 17—Glow, Steve and Dave Parochetti, Granted Cigarette Permit............................................................................... 351 " 17—Ginter, Donna, Granted Cigarette Permit ....................... 352 " 17—Guinta, Marco, Granted Cigarette Permit ....................... 352 " 28—George, Francis J., and John F. George, Granted Ciga- rettePermit..................................................................... 355 " 28—Glynn, .John F., Granted Cigarette Permit ..................... 355 " 28—Gordon, Lorraine, Granted Cigarette Permit ................. 355 July 15—Glynn, Beverly, Granted Cigarette Permit ....................... 390 22—Goerdt, M. F., Construction Co., General Liability Pol- icy Bond submitted......................................................... 393 " 29—Ginter, Donna M., Granted Class "C" Beer & Liquor License............................................................................... 409 Aug. 5—Grant, Raphael W., refund on Beer -Liquor License....... 417 " 12—Goetzinger. Mrs. Rosemary, denial of car damages claim................................................................................... 425 " 19 --Gurney, Bert Asse., Notice of Claim on behalf of same, from Goerdt Const. Co ................................................... 435 " 19—Glab, Edwin L., etal, objecting to closing of the east portion of the alley located between Green Street and N. Grandview Ave. from Avoca to Algona Sts. 437 l9— ;rabow, Granted Class "C" Beer Permit . ...................... 438 " 26—Galliart, Mrs. Clarence, objecting to group home in W. 3rdSt. area..................................................................... " 26—Gross, Donald C., Denial of car damages claim........... 441 446 " 26--Granlund, Paul T., contract with same for design, fabrication and installation of piece of sculpture entitled "Continuum" in Downtown Urban Renewal Project, Iowa R-15, at cost not to exceed $27,000. 446 " 26—Glynn, George, appointed to Advisory Commission..... 453 Sept. 3—Lantz Farm, recommended for Landfill Site by HD&R. 456 " 16—Grote, B.B., etal, objecting to barricading of the Wash- ingtonSt. area................................................................. 480,553 " 23—Goerdt, M. F., Construction Co„ Sidewalk Construction Bondsubmitted............................................................... 484 Oct. 14—Geisler Bros, Sheet Metal Co., requesting permission to erect steel building in the one-half of block on Washington St., between 11th & 12th Sts ................. 512 " 14—Groves Kelco, Inc., Granted Class "C" Beer Permit..... 518 " 28—Glynn, Mr. John, relative to Heavy Industrial Zoning around Dubuque Packing Area . .................................. 522 Nov. 4—Gantz Enterprises, farm for landfill, condemnation jury awarded property owners sum of $174,400.00. 544 " 4—Glynn, John F., Granted Class "B" Beer Permit........... 547 " 18--Geisler, Duane R., representing Local 18f11, requesting proposed traffic control method for the Washing- ton St. neighborhood be denied ................................... 554 " 18—Gantz Enterprises requesting City to grant a per- petual vehicular and pedestrian easement 30' in width over land condemned by City, also grade and construct all-weather roadway to 40 acre parcel adjoining condemned property to be used as Land fill....................................................................................... 555 Dec. 2 ---Gibbs Mrs. Tom, relative to a building problem at 583,597 1333 Kaufmann Ave ....................................................... " 9—Glynn, Beverly A., Granted Class "C" Beer & Liquor License............................................................................... 597 INDEX —BOOK 104 -- ---- --- - - - SUBJECT Yate _1974 ---_-_------ ---------- _..__ " 12—General Obligation Sewer Bonds, sealed bids received, providing for the sale and award of same, and ini- tiating proceedings for the issuance of $2,000.000. Sewer Bonds.....................................................598, 599, 600, 626 16—Goerdt. M. F., Construction Co., completion of Center 615 Grove Valley Interceptor Sanitary Sewer. ........... " 16—Gordon, Lorraine, Granted Class "C" Beer do Liquor License. ..............................u-ry,....uestionin how..lake 618 23—Grevas, Andv. Mayor of Asbury, q 622 on Catfish Creek would affect town of Asbury ....... INDEX — BOOK 104 1974 SUBJECT —__--- Page -- Jan. 7—Bird, Gerald, City Treasurer bond for $50,000 ............... 5 " 7—Humke, Warren, objecting to the proposed land fill at 7 " theCounty Home . .......................................................... 21—Human Rights Commission requesting reappointment of Sol Tabak & Mary Petropouols to full three ,rear terms and submitting a resume of Jean Pascual. 29 " 21—Helling, George et al, objecting to the proposed land- 35 " fill site at the County Home ...................................... 21—Harkett, Flora, deed for Lot 2 of 1 of 1 of 2 of Out Lot Feb. 735.................................................................... ....I ............. 4—Health Board, regular session ............................................. 50, 51 59 " 4—House File: #1712, being opposed to, by Health Adminis- " " trator................................................................................. 4--Haupert, Mrs. Marie, objecting to $3.00 dog licenses. 4—Hirsch, John R., granted Class "C" Beer & Liquor Li- 69 " cense. ....... ........................... I1—Heathcote. Mrs. requesting additional $1,000 for Proj 87 " ect Concern. ...... ......................... .................................... . 11—Hagan, M.P. requesting release of County City of Du- buque Authority Bond with Merchants Mutual Bonding Co., in lieu of Northwestern National In - " surance Co.................................................................. ing. g. 18—Herrig, Eldon, being in favor of Ecumenical Hous 87 99 101 " 18—Hess, Charles E., Notice of Claim of personal injuries. Mar. 11—Human Rights Commission, Ms. Charlie Smith possi- ble for appointment to Commission......... 121 " candidate 11—Human Rights Commission, submitting Dan White's 122 report on minority problems. .................................... 11—Ifenningson, Durham & Richardson, Inc., execution of a contract with, for Water Treatment Facilities..... 124 " 11—Hempstead high School, installation of stop lights re- 130, 218 " ....................................................................... quested at. . 11—Hillcrest Builders, Inc., Approving plat of Blocks 8-A, 9-A, 10-A and Lot C and D, Block 12, in "Key 134, 135 Knolls Subdivision, for same . ................................••• 11—Housing & Redevelopment Department. and Planning & Zoning, execution of lease extensions fer Suites 137 " 10-B and 411 in Fischer Building ................................. 18—Health Department's annual report for year, 1973, sub- " mitted................................. 18—Hickey, Frank J. on behalf of Joseph P. Hickey, minor, has been settled, no cost to the 145 Notice of Claim, 145, 146 " City. .................................................................................... 18—Heinz, Albert, Granted Class "C" Beer Permit .............. Nicholas, Granted Class "C" Beer 15 " 18—Hennen, LaVern 159 " ........ Permit...................................................................... 25 --Henschel, Richard C.. requesting attention to the mat - in Thomas Farm Addn., be ter of sewer extension 163 ing in the Kelly Lane area .......................................... instructed to do an in depth study " 25• --Health Department 167 of a rat problem. ........................................................... April 8—Heitzman Construction Co., Sidewalk Construction 184 " Bond submitted. 8—Hendricks, Louis R., Notice of Claim ............................... F., to proposed Ordinance ,241 " 8—Hanley Farrell objecting prohibiting parking in area on Kaufmann Ave. be- 185 " tween Carter Rd. and J.F.K. Rd .................................. 8—Ilughes, Attorney Alfred E., on behalf of Ecumenical 192 " .............................................................. Housing. ......... 22-1M expressing thanks for courtesies extended Veron- 213 ica Moore on recent trip to City ................................ Council on be- " 22—Hughes, Attorney Alfred E.. addressed half of George Kennedy rezoning matter ................... 218 " 22—Hentges, Dorothy R., Granted Class "C" Beer & liquor 237 " License. ................................... .................... 29—Hansen Construction Co., J. W., Sidewalk Cons ruc. 241 tion Bond submitted ....................................................... .................... INDEX — BOOK 104 322 Commission. ...................................... . ............................. " 10—Hearing Board of the Iowa Beer & Liquor Control for page 1974--- about Woodworth Street....... 243 " 29—Haupert, Cletus, concern May 6—Hampton, Robert, requesting extension of days for 411, 541 ..90 proposed downtown Ramada inn ....................... " Mrs. Allen, appreciating passage of noise Or 281 6—Hedrick, .................... dinance.............................................Li- 6—Hall, John F., Granted Class "C" Beer &Liquor L 268 cense..................................................................... a ant 13-HUD, a701application HousingeActrof 1954 Section (John Grau &Pauline Joyce) ..................................... 279 " 13—Haas, Ronald J., Granted Class "C" Beer & Liquor Li- 280 cense................................................................................ 294,308 " 20—Hendricks, Laura C., Notice of Claim ............................. " 28—Highway Trust Funds be used more particularly in the 4th and 6th Street area, per request of Councilman 298 Justmann, ........................................................ """""""" ' 28—Hartig Drug Co. Granted Cigarette Licenses. (4) .......... 303 .Tune 3—Hartness, Jean, appointed to the Planning & Zoning 322 Commission. ...................................... . ............................. " 10—Hearing Board of the Iowa Beer & Liquor Control for Dept., approving Class "C" Liquor License 326 American Legion Post#6............................................ " 10—Hillcrest Builders Inc., requesting permission to exea 329 vate in Kennedy Road at 1940 ..................................... " 10—Human Rights Commission requesting relief from dis- cussionof Dan White's 701 Report ............................ 10—Housing Act of 1937, approving applications of the 333 provisions of Section 23 ................... ......•• " 10—Haas, Charles Richard, Granted Class "B" Beer Per- 337 mit. ......................................................... ............................. " 17—Hollingworth, Carolyn, requesting rezoning for por- tion of back lot of West Side Manor Subd. to either ................................ class "A" or "B" Business........... 342,402 " 17—Herold, Harry, objecting to rezoning of Chew prop 34 erty......................................................... " 17—Historical Society, Dubuque County, requesting to adopt a policy of consulting with Renovation Ad- visory Committee when considering and remodeling buildings under City Control ....................................... 344 " 17—Hirsch, Carl, Granted Cigarette Permit . ........................ 351 " 17—Hendersebeit, John J., Granted Cigarette Permit......... 351 " 17—Hinz, Albert, Granted Cigarette Permit ........................... 351 " 17—Hancock, William, Granted Cigarette Permit ................. 352 " 17—Helling, Anthony A., and Bette 0., Granted Cigarette Permit............................................................................... " 17—Holiday Inn, Granted Cigarette Permit ........................... 352 352 " 17—Haberger, Anthony, Granted Cigarette Permit . .............. 352 " 28—hall. John F., Granted Cigarette Permit ......................... 355 " 28—Hantelmann, Richard J., Granted Cigarette Permit....... 355 " 28—Hennen, LaVern, Granted Cigarette Permit ................... 356 " 28—Hentges, Dorothy, Granted Cigarette Permit ................. 356 July 1—Highway Commission, Iowa State, submitting Primary Road Extension agreement for maintenance and operation from 7-1-74 thru 6-30.75 . ............................ 359 " 1—Heiar, Merlin L., et al, objecting to barricading inter- sections at 18th & 19th Sts, on Washington Street. 367 " 1—HD & R, Engineering, Services Agreement with same to prepare an energy recovery study ......................... 370 " 8—HD&R, represented by Mr. Paul Ombruni, reference to proposals for Sewage Waste Water Treatment Fa- cilities Plant................................................................... 375,379 " 8—Hughes, Senator Harold E., approving resolution for passed development of advance railroad sys- tem..................................................................................... 376 INDEX — BOOK 104 1974 SUBJECT Page " 8—Heitzman, Herbert F., selling and vacating portion of alley located at extreme west end of Cherry St. and running north from N.P.L. of Cherry St. to S.P.L. of Ist alley south of Green St. abutting Lot 1 of Lot 208 of Finley's Addn. to same.............378, 417, 459 " 8—Heitzman, A. G., designated as authorized official to execute in behalf of City, to obtain certain Federal financial assistance under Disaster Relief Act (Pub- lic Law 93288, gist Congress,) ..................................... " 29—Hansen, J. W., Builder, installation of 6 street lights in 380 Key Knolls Subd. on Keymeer Drive, recommended by City Manager. " 29--tiaas & Schwennsen, requesting installation of park- ing meters on Locust St, between 1st and 2nd St..... 403 " 29—Hantelmann, Richard, requesting refund on unexpired Cigarette License........................................................... 404 Aug. 5—Hughes, Senator Harold E., relative to Experimental Amtrak rail service......................................................... 412 " 5 --Henschel, Richard C. & Mildred L., requesting annexa- tion of Lot 2 of Lot 1 of NWY4, NW Fract'l "4 and Lot 2 of 1 of 1 of NEY4, NW Fract'l '14 Sec. 2, T89N R2E 5th P.M. (1.261 acres) and Lot 2 of SE' -a of SEN Sec. 34 T89N R2E 5th P.M. (containing 14.06 acres).................................................417, 466, 495, 496, 527, 533 " 5—Hazlet, Kenneth K., M.D., submitting report on Con- higel- trol of Communicable Diseases relative to shigel- 1osis..................................................................................... losis 421 " 12—Hartmann Construction Co., Sidewalk Construction 423 Bondsubmitted............................................................. " 12—Harber, Kristine E. denial of car damages claim....... 426 " 12--Hrynkow, John, Denial of car damages claim ............... 427 " 12—Hefel, Bernard, requesting erection of 5 street lights in Hawkeye Estates......................................................... 431,433 " 19—Hirsch, Lorraine, Granted Cigarette License . .............. 437 " 19—Haas, Ronald J., Granted Cigarette License ................... 437 " 26—Hunting & Fishing Day, proclaimed for Sept. 28, 1974. 440 " 26—Heathcote, Gen, objecting to cable TV rate increase. 442 " 26—Hempstead High School requesting permission to con- duct Homecoming Parade on Oct. 4, 1974 ............... 444 Sept. 3—HD&R and Cullen, Kilby, Carolan & Asse., completed supplemental engineering report on Solid Waste 456 Disposal Facilities. (Landfill) ...................................... 458 " 3—Hutton, Claribel, Notice of Claim . ................................ " 3—Ilantelmann, Richard, refund on unexpired portion of Class "C" Beer & Liquor License .............................. 461 " 9—Hunt Claims Service Inc., on behalf of Mrs. Shirley Shively, Notice of Claim ............................................... " 16—Health Dept., State of, recommending correction of 473 deficiencies of mechanical or structural nature in the City's swimming pools . ......................................... 477 " 16—Hoyt St. by Ungs St., William Olson etal, requesting removal of parking hazards on certain sections of same. ...........................................479, 569, 591, 605 " 23—Holy Trinity Church, Granted Class "B" Beer Permit. 488 " 23—Hughes, Alfred Atty., representing Dubuque Packing Co., requesting amendment to Zoning Ordinance of Article VIII—heavy Industrial District, Section 1— UseRegulations............................................................. " 30—Iiansel—rezoning certain portions of "Key Knolls 490 Subdivision" from Multiple Residence to Single Family Residence District . .......................................... 495,528 " 30—Hurricane Fifi in British Honduras, University of Du- buque, Alpha Phi Omega Fraternity, requesting permission to solicit funds to provide relief to vic- timsof same................................................................... " 30-11 & M Foods, Inc., dba Village Inn, Granted Cigarette 497 License............................................................................... 504 INDEX — BOOK 104 ----- — SUBJECT Page 1_974 -----" Oct. 7—Hansel, Richard V., eta], Notice of Suit praying for re- property for garbage lief of lien assessed against 5()7 and refuse collection. .................................................... Parade to be held October 30th, sponsored 7—Halloween 508,510 .................................................... by YMCA. ................ Class "C" Beer & Liquor Li- " 14—Heiar, Merlin F., Granted 518 cense................................................................................ Anthony A. and Bette 0., Granted Class "B" " 14—Helling. ((Hotel-Motel) Beer & Liquor License.... ............ F., Granted Cigarette License.................. 518 519 " 14—Heiar, Merlin " 28—Hess, Mrs. Irma J., objecting to rezoning certain lots 529,555 inC. J. Bies Sub........................................................ " 28—Holy Trinity Church, requesting refund on unexpired portion of Class "B" Beer Permit ............................... " 28—Hillary, Bert T. & Hazel R., requesting annexation of 532 Jungwirth's Morocco to the City .........................533, 577, 578 " 28—Hemmer, Charles, approving of sale of Lot 11 in "Wat- ter's Subd." of part of Wooten's Addn. in the City to same in amount of $2500.00................................... 536,583 Nov. 4—Hilgert, Charles, replacing Donna Foote, appointed to 548 Advisory Commission.................................................. . " 18—HD & R submitting progress report on possible energy recovery systems for the Dubuque County Landfill. .5.50 " 18—Hughes, Al, Atty., representing Dubuque Packing Co., being opposed to any proposed changes in the Washington St. area..................................................... " 18—H & W Motor Express, opposing to restricted traffic 553.554 in the Washington St. area........................................... 554 " 18—Henschel. Richard, owner of Blocks 1, 2 and 3 in Tim. bF,r Ridye Addn., final plat approval recommended by Planning & Zoning................................................. b57, 558 " 25—Hous ng inspector, James L. Rubel, advising property at 759 Hili St. has met with about 95% compliance with the Housing Law, no further action needed. 568 " 25—Humboldt Addition, Lots 1 thru 4 of same, Planning & Zoning recommending be rezoned to a multiple residence district to permit off-street parking, per request of My-Cap Vendors......................................... 571 " 25—H D & R, by Mr. Ombruni, consultants for construe- tion of Sewage Treatment Plant, assuring Council fees will be frozen for project. .... ............. ...... ........... 875 Dec. 2—Hartig Drugs, Granted Class "C" Beer Permit. (4) ...... 586 " 9—Homebuilders & Associates disagreeing with proposed increase in cost of building inspection in the pro- posed City Building Code ............................................. 589 " 9—Heiderscheit, Mrs. John, president of Dubuque Dean- ery Council of Catholic Women, objecting to pro. posed Triple X Theatre coming to Dubuque........... 589 " 9—HUD, Authorizing an Extension of the Advertising Period for Receipt of Proposals for the Develop- ment of Privately Owned Housing in accordance with regulations of same . ............................................ 544,592 " 16—Hayes, Bernice, Objecting to Triple X Theatre. .......... 602 INDEX —BOOK 104 1974 — SUBJECT --_–_.___-- Page Jan. 21—Interstate Power Co. submitting plans and specs. of the pollution control facilities, certificates of in- surance, also a request to Trustee to reimburse the Company for monies expended to date ................... . 29 " 21—I0wa Student Public Interest Research Group (ISPRIG), requesting adoption of a resolution in favor of 35, 36 SenateFile 225............................................................... 21—Illinois Central Gulf Railroad, Easement agreement with City to construct 8" sanitary sewer line under tracks at Clinque Addn. of Century Dr ..................... 45 Feb. 4 --Independent Liberty Life Insurance Company, addi- tional benefits incorporated in Blue Cross -Blue Shield Program effective February 1, 1974. ........... 63 " 4—lee skating rink and enclosed swimming pool, con- Veterans Memorial Park. (NOT struction at 81 ADOPTED)........................................................................ " 11—Industrial Bureau requesting special ad hoc commit- be named for study of a second municipal mittee industrialpark................................................................. 85. 98 " 18-1.C. Gulf R.R. Co., easement agreement approved in the South Dubuque connection with installation of Interceptor Sanitary Sewer . .......................................... 107,108 " 25—Iowa Development Agriculture Division, requesting Mayor Thorns be farmer for a day ............................. 113 Mar. 11-1ndustrial Bureau, submitting Wm. C. Brown Publish- interest in purchase of parcel of land in ing Co. Block 5, Riverfront Sub.;#3....................................... 121 11—Iowa State Office for Planning & Programming, recom- mending area planning office be located in City full time Director paid from local funds......... 122,170 and " 11 ---Injunction, Notice of Petition for, to the implementa- tion of gift for $100,000, to Ecumenical Housing..... 127 " 11—lova Appraisal and Research Corporation—execution of contracts with, for Special and Reuse Appraisals for the Downtown Urban Renewal Project. ......... 138,139 " 11—Iowa Coaches, approving sale of I.ot 2 of the Sub. of 2 2 of I of Block 5 River Front Sub. No. Lot 1 of of 139, 140 3, to same. ...................................................................... " 18—Iowa State Highway Commission advising public hear- ing relocation of Freeway 520 to be held at Ep- on worth, April 18, 1974 ..................................................... 143,422 25—lee Rink proposal, Recreation Commission move ahead with annonced plans . .................................................... 181 25 Dept. of Environmental Quality submitting con- --Iowa struction Permit No. 74-81-S, Sanitary Sewer Ex- tension south Dubuque Interception Contract 161 ............. No. 3. " abylthe S ante Langhorne 25—IlliBond, is withholding foIlli- concurrence that would reimpose tolls on nois in any proposal the Julien Dubuque Bridge ........................................... 166 April 1—Illinois Dept. of Transportation, meeting on Air Qual- be held in Springfield on April ity Workshop to lt#1 11, 1974. .......................................................................... " 15 --Iowa Civil Rights Commission providing technical 200 assistance to local human rights commissions........ of, special seminar to be held on Al- " 22 --Iowa, University 213 ............................ coholism............. .......................,.......... 22—lowa Coaches, Inc., purchaser of l.ot 2 of the Sub, of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No. 3" for the price of 4(k per square foot ......................................................... 227 29—lowa Water Pollution Control Assn. advising of a con- ference beneficial to the responsibility of manag- ing and operation of sewage facilities..................... INDEX — BOOK 104 Page May 6—Ia. State Hwy. Comm., agreement with same for 1974 Traffic Signals 267 Cooperative City ................................ " 13—Interstate Power Co. submitting notice of electric ser- rate change effective May 31, 1974 ................... 271,282 vice " 13—Iowa State Highway Commission submitting proposed all County rules relating to relocation assistance to Auditors and City Clerks in the acquisition of prop erty..................................................................................... " 13—Iowa Department of Environmental Quality approving 2? 1 the sanitary and functional features of water main extension on Dana & Delmonaco Drives, Westches- terSubdivision................................................................ " 13—Iowa Department of Agriculture rescinding their order 271 of cancellation as issued on December 18, 1973, relative to contract to inspect Grade "A" Milk un- der Chapter 192, Code of Iowa ..................................... 274 " 20—Iowa Department of Environmental Quality approving the sanitary and functional features of the Water Main Extensions of Sheridan Ltd. Development..... 282 June 3—Iowa Dept. of Environmental Quality submitting Per- mit No. 74-82W, Aurora & Admiral Streets Water Main Ext., Mettel Byrne Sub. & approving sanitary and functional features ................................................. 307 " 10—Iowa Beer & Liquor Control Dept., Hearing Board of, approving Class "C" Liquor License for American LegionPost #6.............................................................. 326 " 10—Iowa State Highway Comm., Dubuque County Metro- politan Area Planning Comm.. & City, Cooperative agreement between same, for conducting a feasibil- ity study of toll bridges . .............................................. 334 July 1—Iowa State Highway Commission submitting Primary Road Extension agreement for maintenance and operation from 7-1-74 thru 6-30-75 ............................... 359 " 1—Imperial Lanes, Inc., Granted Cigare Permit........... 373 " 29—I0wa Motor Truck Assn. Inc. advisingettof legislation to Iowa permit movement of motor carrier traffic in border cities over and above length and weight limitation imposed by Iowa . ........................................ 401 " 29—Iowa State Highway Commission submitting Adminis- trative Policies & Procedures Manual on Bikeway & Walkway Facilities. .. ......................................... I ........ 401 " 29—Iee Facility and outline of the Five Flags Center, Play- ground & Recreation Commission submitting feas- ibility report on same. ... ........ I ........................ I ............. 402 Aug. 12—Illinois Dept. of Transportation willing to help with improving State subsidized rail service ..................... 422 " 12—Imperial Lanes, Granted Class "C" Beer & Liquor Li- censes................................................................................. 432 Sept. 9—Iowa Dept. of Environmental Quality, invitingsubmis- sion of the latest implementation schedue in the establishment and operation of a sanitary disposal project for final disposal of solid waste not later than July 1, 1975............................................................. 471 " 16—Iowa Community Betterment Program, Dubuque Am- bassadors advising their entry has been entered withsame..................................................................477, 524. 541 " 16—Iowa Coaches, Inc., requesting the purchase of .13 acres additional, next to original purchase of prop- erty the Industrial on Island ...................................... 477, 515 " 23—International City Management Association's annual conference to be attended by City Manager and Asst. City Manager . ...................................................... 483 Oct. 14—Interim Ordinance requiring a special permit from the Board of Adjustment to allow the exterior al. teration of any building located in the West 4th Street west of Bluff Street area, and further re- quiring a ninety (90) day waiting period prior to INDEX — BOOK 104 1974 _ _ SUBJECT _ Page the issuance of a demolition permit for any build- ing located within such aforementioned area. NULLAND VOID.......................................................... 510.591 Nov. 25 --Iowa Dept. of Environmental Quality, approving the sanitary and functional features for Timber Ridge Addition, subject to several stipulatians................... 568 25—Iowa State Highway Commission requesting lease as- signment agreement between City & C. W. Enter- prises, Inc. for portion of right-of-way of Primary RoadU.S. #20................................................................. 569.596 INDEX - BOOK 104 1974 ------_—_-- SIIBJEC'P Page Jan. 7—Justmann, C. Robert, Elected to serve as Presiding 1 Officer Pro Tem for the ensuing year .................... . Feb. 4—Jecklin, Donald L. et al, objecting to Dubuque Coun- 79 ty Farm as land fill site ................................................ 18--J.F.K. Road Corridor, Final report and recommenda tions for same submitted . ............................................ 99100 " 18—I.F.K. Foods, Inc., Granted Class "B" Beer Permit..... 109 Mar. 11—Juvenile Justice Conference, invitation to on April I 120 and2................................................................................. " 18--._Justmann, Councilman submitting a brochure on Solid Waste Management from Knoerle, Bender, Stone & Associates Inc. by Joe Goeppner................................. 145 " 18—„lulien Motor Inn, Granted Class "B" Beer and Liquor License (Sunday Sales) .................................................. 159 " 25—Justmann, Councilman, Recreation Commission move ahead with its announced plans to bring a ice rink proposal to the Council ..................... I........................... 161 " 25 --Julien Dubuque Bridge, Illinois Dept. of Transporta- tion withholding concurrence by the State of Illi- nois in any proposal that would reimpose tolls on same................................................................................. 166 April "aycees, Granted Class "B" Beer Permit ......................... 198,391 May ".F.K. Rd, sidewalk completion, investigation of same from Penn. Ave, to Mall Entrance ............................. 270 " 13—Justmann, Councilman, appointed member of Du- buque Ambassadors....................................................... 271 " 13--Juergens, Louis and Miriam, Granted Cigarette Per- mit.................................................................................... 279 " 20—Justmann, Councilman submitting "Portrait Fund Drive" (Bill O'Brien)...................................................... 282 " 28---Justmann, Councilman requesting local use of Iii h- wa,y Trust Funds be used more particularly in the 4th and 6th Street area ................................................. 298 June 17—Johnson, Mr. & Mrs. Ray, requesting rezoning for por- tion of back lot in West Side Manor subd. to either Class "A" or "B" Business ........................................... 342,402 " 17—Julien Motor Inn, Granted Cigarette Permit ................. 351 " 28—Juergens, Louis & Merian Juergens, Granted Cigarette Permit............................................................................... 355 " 2"aycees, Dubuque, applying for transfer of Beer Per- mit License from 1023% Main Street to 2241 Lin- colnAve............................................................. ............. 358 July 1— Jansen. Therese A., Granted Cigarette Permit ............... 381 " 15—Jaycees, Dubuque, applyin _ for transfer of Beer Per- License mit from 1023 Main Street to McAleece Recreation Softball Fields ............................................. 391 Aug. 5 --Joint Communications Center, Asst. City Manager re- questing approval of matching resolution in amount of $9,1.82.75 for same ... ............ ..................... I............... 421,439 " 12—Jones, Dorothy L., protesting vacation of an alley run- ing east and west off Catherine St. between W. 17th & W. 16th St .............................................. 26—Jury, Kenneth E., objecting to reimposing toll on the 431 Julien Dubuque Bridge ................................................. 441 Sept. 3--Justmann, Councilman, requesting Council & Staff to produce information of Sanitary Sewers, storm sewer discharge into River in 4thSt. Peninsula area.................................................................... . .............. . " 9—Julien Dubuque Bridge, objecting to placing toll on 458 same . ............. . ... ........................................... 9—Julien Improvement Co., owner of buildings at 759 Hill St., City Manager recommending dismantle- ingof same ............................... ....................471, 498, 568 INDEX —BOOK 104 1974 SUBJECT Page Oct. 2"aycees, Dubuque & Jaycee Jaynes, Certificate of In- surance for Haunted House Project, submitted....... 523 28--Jungwirth's Morocco, Bert T. & Hazel R. Hillary re- to the City of Du questing annexation of same 533,577 buque. .............................................................. .................. Nov. 4-4 & RC Inc. (Clark & Kroeger) Granted Class "C" Beer & Liquor License. ............................................................ " 18—Jenkins. Lorraine M., Notice of personal injury claim. 547 552 Dec. 16 Julien Motor Inn, Granted Class "B" (Hotel or Motel) 618 Beer & Liquor License................................................. " 23—Jones. Jack C.. dba Jack Jones Excavating, General Liability policy submitted........................................... 621 INDEX - BOOK 104 1974 SUBJECT Page K Jan. appointed official 18 --Kehl. Dort, questioning if able to furnish natural gas to new oubdbvioioo. .................................................. lUl " 18--Klauer, William J. and Carol R., agreeing to pay $1000 for their xburc of vacated Prospect St . ----'lO0. 107, 146 Mur. II -Kelly, Notice f Claim for personalin- judeo. --------------------------']37.30l juries . ^ 1Construction Co.sbrezoning f por- tion Single Family to Multiple Residence District Clas- ificuhKennedy 130.217 11 -"Key Knolls Subd.," approving plat of Blocks 8-A, 9-A, l0 -& and Lots C& D.8ik. 12 . ------------ 134 ^ z1 -Key City Investment Co.requesting to extend terri torial limits to include Waechter Place In Center 135 Mr. Art, David L. Clemens, attorney for Ad- visory Commission, requesting to retain same to do a feasibility study of Medical Associates Building. 144 18 --Kaufmann Ave. to prohibit parking of motor vehicles on the south side of Kaufmann Ave. from Central Ave. to Francis Street and on the North side from Francis St. to Valeria St. and from Chaney Road to J.F.K.18--Kuehn, Road. (NOT a --------' 151.185 April 8-Kepp Company Inc., Sidewalk Construction Bond sub- 184 , 8-Koethe, Ery and DuWayne, opposing to proposed high ^ rise . ........- -' uvD Subdivision" --i----------' ng plat of Blocks - - ' 196 , appli- cation for *meomo 180 , application for Legion .--------- -------' l98 , 15 -Kelly, Francis J y favor of the American Legion ^ - {u b ' Columbus, r^^ a' -'.-------.--' -- Class "Cr Beer & Lin ^~` ^ ..-------- -- ~"^ 22-Kl requesting rezoning of Lots I to 7 Block 2. Lot 13 of Block 3 of C. J. Bies Sub. from . -"' 22-KIauer, Robert and Wm Alfredo, Jr., Granted Class Beer ^»' x Suhd m n------------------. _. . n ton Do uvu oraob e Umb -'- -~~ ^ ---------------' 240 INDEX —BOOK 104 1974 SUBJECT Page It 29—Ken's Union 76 Service, Granted Cigarette Permit..... 253 May 6—Kortmeyer, Mrs. Earl W., Notice of Claim ..................... 262 " 6—Kopesckie, Jerry, appointed to Airport Commission. 270 " 13—Kramer. Judy A., Notice of Suit ....................................... 274,394 " 28—Knapp, Wm., appointed to Mayor's Industrial Develop- ment Advisory Comm ..................................................... 304 " 28—Kahle, Ed, appointed to Mayor's Industrial Develop- ment Advisory Comm ..................................................... 304 June 10—Kaufmann Ave. & Crissy Dr. intersection, four way stop requested at . ..................................................329, 382, 383 " 10—KDTH, requesting permission to conduct a fireworks display at Petrakis Park on July 4th ......................... 330 " 10—"Knob Hill Subdivision, approving plat of Block 4 & 5 in same........................................................................... 331 " 17—Koerperick, Mr. & Mrs. Loras, requesting rezoningg for portion of back lot in West Side Manor Subd. to either Class "A" or "B" Business ......................... 342,402 " 17—Kirchberg, Gerald C., Granted Cigarette Permit........... 351 „ etzeHarry Granted te17—Kr,EnesJ.Ganed CigaretPermit.. ................. 351 " 17—K -Mart, Granted Cigarette Permit ................... ........... 352 " 17—Knights of Columbus, Granted Cigarette Permit........... 352 " 28—Kelly, Frank & Darlene, Granted Cigarette Permits. (5)....................................................................................... 355 " 28—Kies, Donald, Granted Cigarette Permit ......................... 355 " 28—Klauer, James J., Granted Cigarette Permit ................... 355 " 28—Koeller, Duane C.. Granted Cigarette Permit ................. 355 " 28—Krajnovich, Elizabeth, Granted Cigarette Permit....... 355 " 28—Kroeger, Jeanette, Granted Cigarette Permit ................. 355 " 28—Kachevas, James, Granted Cigarette Permit ................. 356 " 28—Klauer, Robert, Granted Cigarette Permit ..................... 356 " 28—Karr, Robert, Granted Cigarette Permit ......................... 358 " 28—Kunnert, Walter J., Granted Cigarette Permit ............... 356 " 28—Krajnovich, Elizabeth, Granted Class "C" Beer & Liq- uorLicense....................................................................... 357 July 1—Kintzinger, Chas., representing business in 18th & 19th Sts. on Washington, objecting to barricading street. " Official Bond 367,553 377 8—Kopischke, Gerald L., Public submitted. " 8—Kaufmann Ave, designated a through street ................. 382 " 29—Key Knolls Subdinstallation of 6 street lights on Keymeer Dr., 3. W. Hansen Builder, recommended byCity Manager............................................................. 402 " 29—Kramer, Richard J., Notice of Claim ............................... 403 " 29—Klauer, James J., Granted Class "C" Beer & Liquor License.............................................................................409 Aug. 5—Kerper Blvd., Extending same from 9th St. to 2nd St. as key to opening 4th St. Peninsula ......................... 418' 433 It 5—Kopp, Eugene L., Granted Cigarette License ................. 419 " 12—KMNS Radio 620, Sioux City, urging to push hard for rail passenger service ................................................... 422 " 19—Key City Plating Co., requesting permission to con- struct a sign & planter in front of their building onKerper Blvd............................................................... 435 " 19—Kehl, Robert, Granted Cigarette License ......................... 437 " 19—Kueper, Vincent A., appointed to Citizens Advisory . ....... ............ ............ ....... ........... Board............. ... .... ..... ...... 438 " 19—Kelly, Charlotte, appointed to Low -Rent Housing Com- mission............................................................................... " 26—Kempthorne, Gary, relative to Mayor's Summer Youth Employment Program . ................................................. 438 440 " 26—Kopp, Jay P., objecting to group home in W. 3rd St. area..................................................................................... Sept. 3—Koppple, Harry, Granted Class "C" Beer Permit........... Class "C" Beer & Liquor 441 468 " 23—Koeller, Duane C., Granted License............................................................................... " 30—"Key Knolls Subdivision" certain portions of, to be 489 rezoned from Multiple Residence to Single Family Residence District. (Hansel) ........................................ 494,528 INDEX — BOOK 104 — SUBJECT Page 107.--4 Oct, ardy, Sheila, Notice of Claim ................................... to quiet disturbance........... 512 524 " 28—King of Clubs, stepstaken 4—Kluck, M. P. & Sons , Inc., Sidewalk Construction Bond 542 Nov. submitted. ................................................................... " 18—Knob Hill Sti4 Jahn J, Duggan requesting permis.ion 555 to install street lights in same ............. I ... ................. of Dubuque Transit Author- " 25—Kohler, William, manager ity, authorized to furnish additional information as needed in connection with application with the Dept. of Transportation for a Grant under the Ur. ban Mass Transportation Act of 1964, as amended. 577 Dec. 2—Kronfeldt, Wanda. relative to a buildingproblem. Francis, relative to possible ac- 583 " 16—Kelly, General quisition in 4th St. Peninsula Area for neva Na tional Guard Armory. ............••.......••••.•••.......••••••.......••• " from the construction of Cen. 810 16—Kebbie Dr. eliminated tury Drive-Bies Drive Sanitary Sewer . ................... 611 " 16—Kopp, Eugene L., Granted Class "C" Beer & Liquor 818 License............................................................................... " 23—Kircher, Mr., furnishing technical advice relative to impoundment structure and lake on north fork the of the Catfish Creek. .................................................... 622 " 23--Kintzinger, Attorney Charles, representing Mr. Siegert, stating City needs a roadway around west part of City, and Mr. Siegert would like to plan for his future farming operations . .......................................... " 23 --Kennedy, George, requesting to purchase Lot 2 of 1 of 622. 1 of 1 of 1 of 1 of 1 of 1 of M.L. 342 off Kaufmann Ave............................................................ " 23--Kachevas, James P., Granted Class "C" Beer & Liquor 629 License..............................................»............................... 632 INDEX —BOOK 104 1974 SUBJECT Page Jan. 7—Lundh, Alvin E., sworn in as Councilman ....................... 1 " 7—Low-Rent Housing Commission, submitting minutes of their meetings.....................................7, 62, 112, 169, 240, 307, 333, 359, 393, 441, 483, 522, 581 " 7—Lex, James, objecting to the proposed land -fill at the Dubuque County Home area . ...................................... 7, 35 " 7—Locust Street from N.P.L. of 9th Street to the S.P.L. of Loras Blvd. (part of 1973 Asphalt Paving Project No. 1), Schedule of Assessments ................................. 20 " 7—Loras College, Granted Class "B" Beer Permit........... 25 " 7—Lucky Stores, Inc., Granted Class "C" Beer Permit..... 25 " 7 --Landfill site at County Home, objections ..................... 8, 34, 35, 79, 111, 112, 170 ........................................................7, " 21—Lemmer, Ralph. Granted Cigarette Permit ..................... 51 Feb. 4—Lyons, Mr. Edwin L., presented deed referred to as the Reed Property, designating area be "E. B. Lyons Forest Preserve and Nature Center." .......... 60, 129 " 4—Lubbers car lot on Southern Ave. nuisance to Mrs. Mary Klinkhammer............................................... " 4—Lucky Stores, Inc., Granted Class "C" Beer Permits. (3) 82 " 18—Ludwig, Dick, being in favor of Ecumenical Housing. 99 " 25—Lux, W. J., complimenting Council on approach of bus transportation problem ........................................... 111 Mar. 11—Local Flood Protection Project, Stage 1, Mississippi River, report. .................................................................... 120 " 11—Love, Miss Sharon, submitting application for appoint- ment to Youth Services. ............ .................... 121 " 11—Liaison Officer/Coordinator & Contract Services, pro- 126, 195 viding cash funds for.............................................125, " 11—Lemmer, Mr. Carl, objecting to rezoning of Old Timers Place................................................................................... 128 " 11—Livesay Enterprises interested in multiple family resi- dential use in downtown area. (Stampfer property) 135 " 11—Lenger, Joseph, granted Class "C" Beer Permit......... 141 " 18—Langfield, Mr. Dan, Addressed the Council relative to Operation New View . .................................................... 143 " 18—Luthro, Chairman of Advisory Commission, advising endorsement of establishment of Management In- formation Services and recommending that a staff position be created......................................................... 144 " 18—Liquor Sales Profit Fund, permanent transfer of $88,200. from, to three functional funds and to the Trust and Agency Fund ................................................. 153 n- " 25—Lyons, Mary Ellen, Notice of Claim for personal in- juries................................................................................. juries " 25—Leased Housing Program, Revised Section 23. Gent M. 161 Wittenberg requesting Mayor execute "Letter of Intent" on same. April 1—Luerskens, Mrs. A -OK Yellow Cab Co., requesting fare 167 increase............................................................................. " 1—Luras College, request for fireworks display at Rock 171, 214 Bowl on April 19, 1974 ................................................ session 171 " 8—Library Board of Trustees, requesting work of present li- with Council regarding expansion braryfacilities................................................................. " 8—Law Enforcement, meeting to be held on April 8, 193,568 1974, at UNI..................................................................... " 8—Legion Post #6. American, by Attorney Donald R. "C" 196 Breitbach, submitting application for Class Beer -Liquor License for same . ............................197, " Ralph, opposing to American Legion Bar........... 200, 326 200 15—Lytle, " 29—Lynn, Wm. J. et al, objecting to surfacing of Black. hawkDrive . ................................................................. " 29—Lenhardt, Bob, concern about Woodworth Street......... 243 243 May 6—Legion beer -liquor license appeal, City Solicitor to rep- resentthe City................................................................. 270 INDEX — BOOK 104 --------- SUBJECTage 1974 — —------- — ----- ---- -- -- — " 20—Lincoln & Fengler Streets, corner of, stop sign re- quested by David Schumacher, et al (21 signers)..... 286,363 " 28—Teague of Women Voters advising of Advisory's Com- mission's recommendation to adopt a Code of Ethics................................................................................. " 28—Lagen & Clifford Sts., Schiltz Development Corp, re 295 approval to install eleven boulevard type questing lights on same. .................................. .............................. 297,307 28—Lucky Food Stores, Granted Cigarette License. (4) ...... 303 " 28—Langas, Phillip T., Granted Class "B" Beer Permit..... 303 " 28—l,undh, Alvin E., appointed t.o Mayor's Industrial De- velopment Advisory Comm . ........................................ 304 June 3—Lundh, Councilman, requesting permission to attend NAHRO conference at Denver, Colo ................. 310 " 10—Lochner, Lawrence P., certified for appointment to FireDept......................................................................... " 10—Lange, Elsie E., suspension of 1973 taxes requested..... 325 329 " 10—Lorenz, Matt, relative to Affirmative Action Program. 311 " 10—Low-Rent Housing, submitting application to the Fed. eral Government for participation of Section 23 Housing Assistance Payments Program ..................... 333 " 17 --Lange, James, Granted Cigarette Permit ........................ 352 " 17—Lenstra, Thelma, Granted Cigarette Permit ................... 352 " 17—Love, Phillip R., Granted Class "C" Beer & Liquor Li. cense. ... ... .... ... ........................... 353 " 28—Lester, Kay, Granted Cigarette Permit ....................... 356 " 28—Loras College, Granted Cigarette Permit . ...................... 356 " 28—Love, Kenneth Jerome, Granted Cigarette Permit....... 356 " 28—Love, Kenneth Jerome, Granted Class "C" Beer & LiquorLicense................................................................. 358 July 1—Love, Phillip R., Granted Cigarette Permit ..................... 373 1—Lowell, Mr., president of Penberthy & Houdaille, refer- ence to proposals for Sewage Waste Water Treat. ment Facilities Plant...............................................1..... 375 " 15--LuGrain. William, Sidewalk Construction Bond sub- mitted................................................................................. 387 " 22—Leibold, Thomas F., execution of a certificate of com. pletion for same, for Lot 1 of Block 4 Urban Re. newal Project, R-15 ......................................................... 395 " 22—Lundh, Councilman, verbal report to Denver at NAHROmeeting............................................................. 399 " 29—Larsen, Leeann, Notice of Claim. ...................................... 403,445 " 29—Loras College requesting permission to conduct a Homecoming Parade on 10-12-74 ................................. 403 Aug. 5—Louis Murphy Park, changing of park hours when opened............................................................................... 416,440 " 5—Leibold, Tom & Asse., requesting City to maintain wa. ter & sewer lines to Tower Bills Mobile Home Park................................................................................... " 12—Lehman, James B., denial of car damages claim........... 417 426 " 12—LaRue, William G., denial of truck damages claim. ... 427 " 19—Langas, Phillip T., Granted Cigarette License ............... 437 " 19—Loney, Dave, appointed to Human Rights Commission. " 438 19—Law Enforcement Communication System, Dubuque County -City, City Clerk authorized to sign Notice to Bidders for same . ............................... . ............... . — " 26Locher, David, objectingto group home In W. 3rd 439 St, area . ....................................... 26—Local 94 UAW Consumer Affairs Committee, objecting to TV rate increases ................. 441 Sept. 3--Landfill—consulting firms of HD&R and Cullen, Kilby, Carolan & Asse. have completed supplemental en- gineering on same 16—Luekens,illiam & Jeanetteort e, d/b/a AOK Yellow Cab 456 Co., Business Custom Policy submitted ..................... 30—I.cague of Women Voters commendint; Council and County Board of Supervisors for 478 joint meeting to investigate County zoning ................................ ............. 492 INDEX — BOOK 104 1974 SUBJECT Page Oct. 7—Legion, American, Dubuque Post at16, Granted Cigarette License. ... ... ... ........ 509 " 14—Lubber, Lloyd, Sidewalk Bond continuation certificate submitted........................................................................... 511 " —28—Leone, Todd V., U of D student, suggesting a four way boulevard stop at University and Algona Sts. 532 " 28—Law Enforcement Center, City Manager authorized to enter into contract along with Dubuque County and Motorola Inc. for acquisition and installation of communication equipment in same . .......................... 538 Nov. 18—Landfill, possible energy recovery systems for same, Progress report submitted by HD & R ....................... 550 " 18—Lanier, Mrs. George H., expressing thanks for warm welcome extended by City while with the National Trust... ... .................... ......................... ............... ............... 550 " 18—Lucas, Michael J. Jr., Granted Cigarette License........... 565 " 18—Lucas. Michael J. Jr., Granted Class "C" Beer & Liquor License........... ... ... ... ................................ ...... ............... ..... 567 " 25• --Library Board, advising that an engineering firm has been engaged to evaluate whether or not struc- tural considerations will permit further planning for an addition to present Building on Locust Street side. ....................................................... ........................... 568 " 25—Lease assignment agreement between City & C. W. En- Pri- terprises, Inc. for portion of right-of-way of mary Road U.S. #20, requested by Iowa State High- wayCommission............................................................ W. 596 Dec. 2—Langkamp, Merlin, Notice of Claim . .............................. 582,625 " 2—Landfill, Notice of Appeal to the District Court in the matter of condemnation for purpose of erecting, constructing, operating and maintaining same....... 582 " 23—Luras College, Granted Class 'B" Beer Permit ............. 633 " 23—Landfill, legal proceedings discussed in Executive Session............................................................................... 633 " 23—Labor Negotiations, discussed in Executive Session..... 633 INDEX — BOOK 104 __-- _--"SUBJECT—Page Jan. 7—Metro Area Planning Commission, City Mayor and the Planning & 'Zoning Commission ap- Chm. of and City Manager and pointed as representatives 9 City Planner as alternates .................. ..................... " 7—Multi-County Planning Association, Citv Mayor and Chm. of the Planning & Zoning Commission ap- and City Manager and pointed as representatives City Planner as alternates . .................................... q " 7—Manternach Development Co., requesting a zoning Multiple Residence District Classifica- change from Business "B" on a certain portion of tion to Local 129, 203 Park " 21—Mo ocSand & Gravhts elobil Co,ligrantedauthority to co'_ with 10' approach struct 24 ft. x 10 ft. wide scale on Block M part of Booth's Addn ............................. 32, 33 21—Memorandum of Agreement, signing of, relating to and working conditions and other employee wages benefits with city employees ....................................... 51 24—Meyer, Joseph J., agent of The Equitable Life Assur- that his company is interested ance Society, stating in submitting a proposal for a long term disability life insurance and hospitalization ............................... 54 " 24—Molo, Mr. Robert, of Moto Sand & Gravel Co. entering into a new lease and agreement with Dock Commis- sion, providing for escalation of rentals ................... 57 Feb. 4—Mississippi Valley Milk Producers opposed to landfill atCounty Home............................................................... " 11 --Mayor's Industrial Committee approving sale of real 79 estate in River Front Sub. No. 3 to American Op- tical Corporation. ............................................................ 90 " 18—Mortenson, Mr. Duane, spoke on behalf of Industrial Bureau and presented Spencer Smith and Paul Gisch.................................................................................. 98 " 18—Municipality for Municipal Streets and parking for 1973, report approved . .................................................. 109 25—March of Dimes requesting permission to grant the Northeast Iowa Chapter a parade permit ................. 116 " 25—Memorial Day Committee requesting permission to conduct a parade............................................................. 116 " 25—Mississippi Valley Truck Center, Granted cigarette license............................................................................... 116 Mar. 11—Mayor's Industrial Committee recommending selling 4 acres of land in Block 5. Riverfornt Sub. No, 3, to Wm. C. Brown Company ............................................... 121 " 11—Mulgrew, Joe, requesting installation of stop lights at Hempstead High............................................................. 130.215 " 11—Mealy, Terry, requesting refund on Cigarette License. 130 " 11—Majerus, James N., requesting refund on Cigarette Li- cense................................................................................. 130 " 18—Medical Associates Building, David L. Clemens, Attor- ney for Advisory Commission, requesting to retain Mr. Art Kuehn, to do a feasibility study of same. 144,359 " 18—Massey, Robert L., Notice of Claim for auto damages. 145.241 April 1—Merchants Mutual Bonding Co. submitting Fidelity & Surety Cert. of Authority ......................................... 169 " 1—Majerus, James M. refund request on beer -Liquor IA. cense................................................................................... 171 " 1—Miller, Mary A., Granted Class "C" Beer & Liquor Li- cense................................................................................... 182 " 1—Moldenhauer, Dr. Wayne A., appointed to the Dock Commission . ........................ .............. 183, 587 " 8—Moes, Paul F., requesting fire protection for his build- ings at 1.899 Rockdale Rd ............................................. 193, 296 " 15—Murdock, Cal, pushing the cause of bicycling as a means of transportation and recreation 200 ................... " 15—Marco's Inc„ Granted Class "C" Beer & ldquor License. 208 INDEX —BOOK 104 1974 SUBJECT Page 11 22—Mayor's industrial Committee to expand membership as"task force"................................................................. 219 May 6—Mayor Thoms, reconsider negative vote on Concrete Paving w/ Integral Curb Project No. 1, and Con- tract No. 2 P.C. Concrete Paving & Building re- moval. ....................... ........................................................ 257 f;--Mettel-Byrne Addn., approving the plat of Blocks 8, 9, and 10 . .......................................................................... 264 6—Mettel Realty & Investment Co., accepting Resolution No. 175-74 . ........................................................................ 265 6 --Memorandum of Agreement between City and the Amalgamated Transit Union 329, AFI -CIO repre- senting bus operators in transit department. ........ 266 13—Mayor Thoms submitting verbal report on trip to Char- leston, S.0 . ................................................................ ....... 271 13—Moody, Donald C. et al, (residents of Rosemont Street area) objecting to student parking during school hours. (Hempstead school) ............................................ 277,325 13—Montgomery. Rose Marie, speaking on behalf of Girls Recreation Center . .......................................................... 277 28---Mul.grew, Marie, et a]. Approving delivery of deed of Lot 2 of I of Henry ZicMer Sub. as conveyed by same. (corner of Asbury & J.F.K.) . ............................ 298 28—Mulgrew Blacktop Co. awarded 1974 Asphalt Paving ProjectNn. 1 . ....... ......... ........................................ I ....... 299 28—Moratorium established on the issuance of building permits in the East Fourth St. Peninsula Area for a period of ninety days ................................................ 302 28—Mayor's industrial Development Advisory Committee formed. ....................................................................... I ...... June 3—Miller, Steve, et a], requesting City to provide a facil- 304 ity to be used for off-road vehicle riding . ................ 310 3—Moldt Electric Service, Inc., awarded contract for Con- tract No. 1, Traffic Signals and Signing . ................ 319 10--Mihm, Bernard W., suspension of 1973 taxes requested. 329 17—Mueller, Sophie, Notice of Claim ..................................... 342 17—Manning, Mr. & Mrs. James, requesting rezoning for portion of back lot of West Side Manor Subd. to "B" 342,402 either Class "A" or Business. .............................. 342 17—Murphy, Tim, objecting to rezoning of Chew property. 17—Merchants Delivery Service, requesting what action has been taken regarding "No Parking" signs on 345 the east side of Hawthorne St . ....................... ..... ...... 17—Mulerew Blacktop Co., awarded contract of Asphalt Paving Project No. 2--Riverfront Subd. No. 5— Roosevelt St. Ext., Kilgore St. & Hamilton St. Ext.347 17—Miller, Mary A., Granted Cigarette Permit .................... 351 351 17—Mescli r, Vincent W., Granted Cigarette Permit . .......... Granted Cigarette Permit 351 17—Meyers Kermit, . .................. 2P--Manahl'. Dennis Kenneth, Granted Cigarette Permit..... 355 Granted CiLarette Permit . .................... 28--Moit], Cyril N., Gran 355 355 28-28—Merchants Hotel, Granted Cigarette Permit. .................. 355 28_—Meyer, Catherine M., Granted Cigarette Permit . .......... Granted Cigarette Permit ................. 355 28—Mihalakis, Shirley, 28—Montgomery Ward & Co., Granted Cigarette Permit..... 355 2R—M,vprs ' Russell E., Granted Cigarette Permit ................. 355 356 28—Miller, Gerald E., Granted Cigarette Permit . ................ 28 William, & Oscar Bruggeman, Granted Cigar- --Miller, ett Permit. .................................................................... 28—Meyer, Catherine Mary, Granted Class 1113" Beer Permit 356 357 28 ---Myers, Russell E., Granted Class ,C" Beer & Liquor 357 License.............................................................................. Li- 28—Meitl, Cyril N., Granted Class -C" Beer & Liquor . *'.. . cense. . cense. July 1—Medical Associates Building, AdvisoryCommission 357 submitting recommendations on purchasing same for maximum amount of $360,000. for use as City Hall..................................................................................... 359 INDEX —BOOK 104 -- SUBJECT Page 1974 " I—Motorcycle Helmet Law,Naname for a St tery euesting 365, 396 resolution in supe 1—Morett, Merlin P., Granted Cigarette Permit, .............. d Richard L. Bill meyer Gran ted 373 " 1—Mihalakis, John P. and . . . ... . . 373 Cigarette Permit . ............................. . . 8—Mezvinsky, arerence on im " Congressman Fdwd, ref in Northern Iowa..... 376 proved transportation service Manchester, reference on improved transpor- 376 " 8—Mayor of tation service in Northern Iowa ................................... Claim 377 " 8—Mosiman, Steven E.. Notice of . ............................ " 8—Masuen, Bertha M., Notice of Claim . ............................. Cigarette Permit ................. 377 381 Herman J., Granted 8—Meyer, Herm388 " 15—Mai, Thomas R., Notice of Claim ..................................... Permit • 3A0 " 15—Mister Donut, Granted Cigarette ..•..•••••••••••••• " 22—Municipal Civil Defense Agency/Dubuque County re: 394 port for 1973 submitted .......................................... Aug. 5—Mental Retardation Week—August 19. 1974 ................. of injuries claim. 411 415 5—Mueller, Sophie, Settleme personal " nt ' 5--Murphv. Joan, Granted Cisarette License. ... •• •••••• installation of street lighting Te- 419 " 12—Mettel•Byrne Addn., quested along Rosemont St . ....................................... damages claim ........ 424 427 " 12 --Meyer, Al J., denial of car .............. " 12—Moran. Kenneth J., denial of car damages claim. ....,.. of annual drive 428 " 19—Muscular Dystrophy Assoc., advising 433 on Nov. 10, 1974. ................... " 19—Mihm, Mark David, by his father Bernard W. Mihm: 435 Noticeof Suit............................................................. " 26—Mayor's Summer Youth Employment Program, report 440 given................................................................................. " 26—Meyers, Donald reappointed to Low -Rent Housing 453 Commission............................ ........................................... Sept. 3—Monte Carlo Restaurant, Tatiana O'Rourke vs. same, 459 Noticeof Suit................................................................... " 9—Municipal Code Corporation of Tallahassee, Florida, be 472 contracted for codification of the City Ordinances. 473.526 9—Murphy, Tim, Notice of Claim ............................................. " 16—Mayor's Industrial Committee, recommending selling of additional .13 acres of land to Iowa Coaches, 47? Inc.. next to original purchase ..................................... " 16—Maerschalk, Mrs. Carl (Rachael), appointed to Airport Commission....................................................................... " 23—Mettel Realty & Investment Co. requesting permission 482 to install street lighting with underground cable in Aurora and Admiral Streets in Mettel-Byrne Addn. 486,493 " 23—Meloy, Harold P., County Auditor, submitting results 491 of Special Election for Recreation Building ............. 493 " 30—Meyer, Leroy I.., Notice of Claim .................................... " 30—Mihalakis. John P., Granted Class "C" Beer & Liquor License. ......................................... ..................................... 5 Oct. 7—Mini-ASAP Program, Ass't. City Manager submitting rM application for grant to participate in same........... " 7—Mason, Wm., Director of Teleprompter, relative to Cable TV situation........................................................ 509 " 14—Morris, Robert L., etal, objecting to installation of commercial high intensity parking lot lighting sys- tem installed by the Church of Latter Day Saints in the Knob Hill Addn................................................... 514 " 14—My-Cap Vendors Inc., requesting Lots 1, 2, 3 and 4 in Humboldt Addn. be rezoned to a multiple residence district classification to permit off-street parking. .........................................................515, 571, 597 28—Morocco, Jungwirth's, Bert T. & Hazel R. Hillary, re- u•buqquesting annexation of same to the City of Du- buque . ue.............................................................. 533,577 28—Miller, Delbert, approving the plat of Lots 1.13 in- clusive in West Ridge Addn......................................... 534 INDEX — BOOK 104 1974 SUBJECT Page " 28—Meehan, John V. & Naomi R., owners of Lot 2 of Eagle Point View exchanging for Lot 2 of Lot 1 of Lot 1 of Eagle Point View owned by Board of Park Com- missioners.................................................................536, 584, 616 28—Motorola Inc., City Manager authorized to enter into contract, along with Dubuque County and with same for acquisition and installation of communi- cation equipment in Law Enforcement Center...... 538 Nov. 4—M. P. Kluck & Sons, Inc., Sidewalk Construction Bond submitted............................................................... 542 " 4—Maerschalk, Rachel M., Airport Commissioner, Official Bondsubmitted............................................................... 542 " 4—Moldt Electric Service, completion of Central Business District Traffic Signal System Improvement Proj- ectby same..................................................................... 545 " 4—Mackert, Roy C., reappointed to the Citizens Trans- portation Committee ....................................................... 548 " 18—Menadue, Donald J., Notice of Claim ............................. 551 " 18—March of Dimes, National Foundation of same, request- ing to solicit funds for the annual mother's march from January 1 to January 31, 1975 ........................... 554 " 18—Marina, Dubuque, possibility of connecting to the sani- tary sewer in the area . ................................................ 565,601 i- " 18—Murphy, Joan R., Granted Class "C" Beer & Liquor Li- cense................................................................................... cense 567 Dec. 2--Moldenhauer, Dr. Wayne, reappointed to Dock Com- mission............................................................................. 587 " 9—Marting, Mrs. Mary Lee, relative to legislation as to each State adopting their own obscenity law, and objecting to Triple X movies and theatre ................. 590 " 9—Mihalakis, Shirley, Granted Class "C" Beer & Liquor License............................................................................... 597 " 23—Mettel Realty & Investment Co., requesting the pro- posed impoundment structure on north fork of Catfish Creek be moved far enough West so as not to interfere with the Mettel Bvrne Subdivision.... 622 " 23—Morehouse, Wm. P., etal, requesting removal of "No Parking" signs on south side of Fenelon Place....... 629 " 23—Miller, Gerald E., Sr., requesting refund on unexpired portion of Cigarette License . ...................................... 630 no INDEX — BOOK 101-----__—_-- _F97_4 S -- Page ------ Mc Jan. 7--McCarthy, Mike, denial of petition requesting com- located at 289 S. Locust mercial use of property 8 Howard, Grantors in deed 7—McQuillen, Jannetta A. and of real estate in the Downtown Urban Renewal 15 ProjectIowa R5T eo, requesting consideration to 21—McCarthy Attorney r include an alternative in the zoning classification 34, 55 in parcel #3, ,Powers Place"..............................os objecting to the proposed " 21—McFadden, Vincent, et ux, at the County Horne. .............................. 35 landfill site Feb. 4—McCarthy, Michael, City Mgr. recommending vacation right of easement in over and across 77 of perpetual Lot 7 of Tschirgi Schwinds Su ............................... . & " 11—McCarthy, Leo A., attorney for Dubuque Savings to extend an Loan Assn. requesting permission 87 entrance way three inches........................................... " 18—McClain, Tom, being in favor of Ecumenical Housing 99 project.............................................................................. " 18—McCarthy, Leo, being in favor of Ecumenical Housing 99 project............................................................................... Mar. 11—McCarthy, Leo, on behalf of Art Pins asking for new for rezoning Old Timers date for public hearing 128 Athletic & Supper Club Place ..................................... April 1—McSperrin, Melvin B. Granted Class "C" Beer & Lict- 182 uorLicense...................................................................... to Board of Htg. Venti- " 1—McMahan, Paul F., appointed 183 lating, Ref., & Air-Cond............................................... " 8—McGowan, Joe, objecting to proposed Ordinance pro- hibiting parking in area on Kaufmann Ave. be. 185 tween Chaney Rd. to J.F.K. Rd................................... " 15--McCarthy, Mike for Dubuque Realty, offering to sub- mit a proposal on the purchase of Lot 153 in Len- noxAddition................................................................... 206.418 May 13—McCallister, J.A., attorney for Pat Chew, objections to proposals made by Planning & Zoning for Chew property............................................................................. 277,342 " 28--McCarthy, Leo A., attorney for Arthur W. Pins, re- questing rezoning classification of All of Old Tim- ers Supper Place except the Nly 180' thereof, from Single Family Residence to planned unit multiple residence classification. ................................................ 297,430 " 28—McEllhiney, Wm., appointed to Mayor's Industrial De. velopment Advisory Comm......................................... 304 June 3—McCarthy, Leo A., attorney for Michael Clemens & Clemens Beverage, requesting permission to con. struct a warehouse between E. 3rd & 4th Sts. ....311, 356 " 10—McCoy, Judy, relative to Affirmative Action Program. 331 " 17—McCallister, attorney representing Mr. Chew, stating all reasonable demands by neighborhood have been met..................................................................................... 342 " 17—McCollum, Phil, Granted Cigarette Permit..................... 352 " 28—McDonald. A. Y. Mfg. Co., Granted Cigarette Permit. 355 " 28--McSperrin, Melvin B., and Richard Stecklein, Granted Cigarette Permit............................................................. 356 July 1—McGovern, Robert, objecting to the issuance of park- ingtickets......................................................................... 365 Aug. 26---McCullough, J. A., objecting to cable TV rate increase. 442 " 26—McCarthy, Leo, attorney for Schiltz development prop- erty, relative to rezoning of Schiltz property be- hind Hempstead School. ................................................ 444 " 26—McLaughlin, Helen, reappointed to Muria Transpor- tation Committee........................................................... 453 INDEX - BOOK 104 1974 ----- SUBJECT Page Sept. 16—McCallister, William. behalf of Iowa Coaches, Inc., re- questing additional purchase of land on Industrial Island................................................................................. 478 Oct. 7—McCarthy, Leo, attorney, relative to Cable TV situa- tion..................................................................................... 509 Dec. 9 --McDonald, Ray, Construction, completion of 1973 Con- crete Sidewalk Program . ............................................. 592 16—McMahon, Jim, winner of Bicentennial Symbol Con- test..................................................................................... 601 INDEX — BOOK 104 _ SUBJECT Page 1974 —___--. N Jan. 7—N. Grandview and Grandview Ave. intersection, rec- of replacement of three street lights. 5 ommendation " 7—North Algona Sanitary Sewer --8 inch, between Uni- versity Ave. and Loras Blvd., schedule of assess- ments. ................................................ .................. 1111 " 21—Naval Reserve Building, Thomas A. Tully Jr. requ.... 17 ingto lease....................................................................... " 24—National American Group Insurance or behalf of Cedar 29 Rentals Inc., stating city, may be responsible for accident involving a city -owned bus, and their client. ....................................... " 24—Nebel, Mrs. Roger, Notice of claim for personal prop- 54 erty damage from sewer back-up .............................. 54 Feb. 4—Naval Reserve Building, agreement with Dubuque 80 Lumber Co. for rent of part ....................................... 11—North East Iowa Area Crime Commission requesting the selection of an elected official to the Board. (Stackis)............................................................................ 85 Mar. 11—Northeastern Iowa Regional Library System, inviting Council to discuss pending library legislation ......... 122 " 11—N.E. Iowa Crime Commission, authority for applica- tion to, for Police Youth Program ............................. 125,195 " 11—Notice of Petition for Injunction to the implementa- tion of gift for $100,000. to Ecumenical housing. 1..1..................................127, 296. 551 :-*11------..... " 11—Notice of Expiration of right of redemption on the S.% of Lot 162 in East Dubuque Addn to expire within 90 days, property sold for delinquent taxes for 1945 to 1969............................................................. 126 " 18—Noise Ordinances—That all motor vehicles be equipped with mufflers; to prohibit operation of motor vehicles in violation of noise standards; and providing for penalties for the violations of same. ..................................................148, 149, 188, 188, 285, 519, 530 " 25—Norman, Mr. Wayne, requesting the east half of the Orpheum block be sold to Five Flags . .................... 161 25--Nachtman Tire Co., Granted Cigarette License ............. 164 25—N. W. Bell Telephone Co., requesting permission to cut into ten year street along Central Ave. at 17th and 19th Streets.............................. ............................... 185 April l5—Nash, Ruth, supporting Flight 4.5-60 ............................... 201 " 15—Ney, Raymond, Granted Class "C" Beer & Liquor Li- cense................................................................................... 208 " 29—National Historic Preservation Week, May 6 to 12....... 242 " 29—Noonan, Wm. T., expressing condolences to family and friends............................................................................... 253 May 13 ---Northeast Iowa Crime Commission, authorized to act in City's behalf in the receipt, deposit and disper- sal of Federal Funds received from Iowa Crime Comm........................................................................ 278 " 13—Norwood, Nelson M., Sr., Granted Class "B" Beer Per- mit..................................................................................... 280 June 3—NAHRO conference, Councilmen Lundh and Stackis to attend, at Denver, Colo ................................................. 310 " 3—Nash Finch Co., Granted Cigarette Permit ..................... 320 " 3—Neuhaus, Mary, appointed to Advisory Commission..... 322 " 5—Northeast Iowa Crime Commission authorized to act in behalf of City for receipt, deposit & dispersal of Federal Funds for City -County Law Enforcement Center............................................................................... " 17—Norton, James L., Granted Cigarette Permit 324 351 . .............. " 17—Nesteby, Charles, Granted Cigarette Permit. 352 ................ " 28—Nabors Drug #4, Granted Cigarette Permit ................... 355 28—National Tea Company, Granted Cigarette Permit.... 355 28—Ney, Albert J., and Dolores S. Roeth, Granted Ciga. rettePermit..................................................................... 385 INDEX — BOOK 104 1974 SUBJECT Page " 28—Ney, Raymond, Granted Cigarette Permit .................... •' 28—Norwood, Nelson, Granted Cigarette Permit ................. 355 356 " 28—Neumeister, John, Granted Cigarette Permit ................. 356 " 28—Ney, Albert & Dolores Roeth, Granted Class "C" Beer do Liquor License........................................................... 357 July 22--Ney, LaVern, Notice of Claim.............................................394, 479 Aug. 12—Nabisco Inc., Notice of Claim for truck damages......... 429,445 " 26—Nehaus, Ms. Mary Lynn, relative to Mayor's Summer 440 Youth Employment Program . .................................... " 26—Naval Reserve Building, old, Jim Furry, etal, request- ing permission to use same for indoor sports......... 453,550 Sept. 16—Noise Ordinance effectiveness of same requested by MayorThoms................................................................... " 16—Norpel, Craig, Notice from District Court, small claims 478 Division, Notice of claim ............................................. " 23—Naughton, Dennis J., representing Timothy M. Allen, 479 Noticeof Claim............................................................... " 23—Nash Finch Company, Granted Class "C" Beer Permit. DACCCR, meeting to help 483 488 " 23—Nash, Russell, President of solve the housing crisis in the City ........................... 492 " 30—National Tea Company, Granted Class "C" Beer Per- mit..................................................................................... 504 Oct. 7—Northwestern Bell, requesting ppermission to excavate at Grandview Ave. do Delhi St. for cable repairs..... 506 " 14—National Confectioners Ass'n., submitting a "Meet'n 510 Treat" campaign............................................................ " 14—Nabors Drug, Granted Class "C" Beer Permit ............... 518 " 28—Naughton, Dennis explaining Bicentennial Symbol 525 Contest. ............................................... ............................... " 28—Nemmers, Kay, Granted Class "C" Beer Permit........... 539 Nov. 18—National Foundation of the March of Dimes, request- ing to solicit funds for the annual mother's march from January 1 to January 31, 1975 ........................... 554 Dec. 2 --Neighborhood Parks, particularly in the 3rd Street Advisory Commission in favor of ..................... 581 area, 2^ -Notice of Appeal to the District Court in the matter for purpose of erecting, construct- of conderanation ing, operating and maintaining a sanitary landfill. Sr., refund on unex- 582 " 9—Norwood, Nelson M. requesting pired portion of Class 'B" Beer Permit ................... 592 " 16—New View Governing Board Annual Report, submitted 601 by Gerald J. Koppes. .................................................... " 16—National Guard Armory, General Francis Kelly, rela- tive to possible land acquisition in 4th Street Penin- 610 ........................ sula Area for same. ............................. " 16- Neumeister, John, Granted Class "C" Beer Permit..... 617 " 23—Norwood, Nelson M. Sr., requesting refund on unex- g30 pired portion of Cigarette License .......................... INDEX — BOOK 104 1974 SUBJECT -----_–._-- Page Jan. 7 --Operating Engineers Local 758, requesting a meeting with City Council due to impasse having been 2 reached in negotiations................................................. " 7 --Ordinance No. 1.74 An Ordinance Allocating and Mak- ing Appropriations of. Tax Levies and Other Sources of Revenue to the Expenditures of City Government for 1974-1975, 18 Mon. Period from Jan. 1, 1974 to June 30, 1975 ......................................... 3 " 7 --Ordinance No. 7-74 Amending Ordinance No. 3.34 known as the Zoning Map and Zoninz Ordinance of the City of Dubuque, Iowa, by amending Article X thereof by repealing the dekinition of Drive -In Restaurant and enacting a new definition of a Drive -In Restaurant....................................................... 10, 65 " 7—Ordinance No, 2-74 Vacating a portion of West Sixth Street in the Downtown Urban Renewal Project Area. (Lot 'A' of Block 16) ............................................ 12 ' 11—Office of Mass Transportation of Chicago, 111. advis- ing delay of Amtrak service is due to repairs needed............................................................................... 29 " 21—Ordinance No, 3-74 An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Subsection 23 of Schedule IV thereof thereby removing the two hour time zone on University Ave. from Irving St. to As- burySt............................................................................. 30, 31 " 21—Ordinance No. 4-74 An Ordinance amending Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, by repealing Subsection 29 of Schedule VI and enacting a new Subsection 29 of Schedule VI to prohibit parking on the south side of University Avenue from Gilliam Street to a point one hundred and two feet east of the east line of Auburn Street and on the north side of University Avenue from Loras Boulevard to Pennsylvania Avenue............................................................................... 31 " 21—Ordinance No. 5.74 An Ordinance authorizing Molo Sand & Gravel Co. to constrict 24 ft. x 10 ft. wide scale with 10' approach on Block M part of Booth's Addn. in the City of Dubuque, Iowa ........................... 32, 33 " 21—Ordinance No. 13.74 An Ordinance Amending and Changing Ordinance No. 3-34 known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", so as to change certain property hereinaf- ter described from "Single Family Residence Dis- trict" Classification to "Multiple Residence Planned Unit Development District" classification (Sister of St. Francis property).............................................33, 102, 103 " 21—Ordinance No. 14.74 An Ordinance Amending and Changing No. 3-34, known as "The Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa," to change the Zoning Classification of var- ious parts of Lot 1 of Lot 1 Of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, from "Multi- ple Residence District" and "Single Family Resi- dence District" to Local Business "A" District", Local Business 'B' District" and "Multiple Resi- dence -Planned Unit Development District" (Pow- ers Place).............................................................34, 55, 103, 104 " 24—Ordinance No. 6-74 An Ordinance vacating a portion of Roosevelt Street Extension to be hereafter de- scribed as I.ot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 in River Front Subdivision No. 3 ................. 47, 55 INDEX —BOOK 104 1974 SUBJECT— Page " 24—Operation: New View Approving agreement between Dubuque County, Jackson County, Delaware Coun- ty and City of Dubuque creating a separate legal entity................................................................................. 56 Feb. 4—Ordinance No. -74 Amending and changing Ordinance No. 3.34 known as "The Zoning Ordinance and Zon- ing Map of the City of Dubuque, Iowa" so as to change certain property hereinafter described from "Single Family Residence District" Cia,;sification to "Multiple Residence District" Classification. (Old Timers Athletic & Supper Club Place.) (NOT ADOPTED)..................................................................66, 127, 128 " 4—Ordinance No. 8-74 An Ordinance regulating the keep- ing of dogs in the City of Dubuque; providing for the licensing of dogs and license fees for same; prohibiting dogs from running at. large; providing biting for the observation under confinement of dogs; establishing specific procedures for the con- trol of rabies; providing penalties for the violation 66 hereof and repealing Ordinance No. 7.65.... ...... " 4—Ordinance No. 9-74 An Ordinance to regulate the li- censing, inspection, design and operation of ambu- lances, to provide standards for the licensing of ambulances and of ambulance drivers, attendants, and attendant -drivers, to provide for renewal and revocation of licenses, to require written reports, to provide for traffic regulations of ambulances, and to establish penalties for violation of its pro- visions.............................................................................. " 4 --Ordinance No. 10.74 An Ordinance fixing and estab- 70 lishing rates and charges for City Ambulance Ser- vice and repealing Ordinance No. 52-69 ..................... 76 " 4—Ordinance No. 11-74 An Ordinance vacating a per- petual right of easement, in, over and across Lot 7 of Tsehirgi & Schwind Sub. in the City of Dubuque. (McCarthy)........................................................................ " 11 --O'Brien, Wm. J., Expressing condolence to family and 78 friends.............................................................................. " 11—Ordinance No. 12-74 An Ordinance authorizing Du- 84 buque Savings and Loan Association to construct stone veneer 3" into city walk ................................... 88 " 11—O'Connor, Francis, representing Sisters of Charity re- zoning request................................................................. " 18—Odden, Rev., spoke being in favor of Ecumenical 89 Housing. .................................................... 18—Oeth, Arthur, questioning if able to furnish natural 99 gas to new subdivision................................................... " 18—Ordinance No. 17.74 An Ordinance vacating that por- 101 tion of Prosect St. between Lot 32 and Lots 38, 39, 40 and 41 to Coriell's Dubuque, now platted and known as Lot 32A and Lot 40A in Corlell's Du- buque. That Lot 40A be disposed of to Wm. P. Woodward and Beverly B. Woodward, and Lot 32A be disposed of to Wm. J. Klauer and Carol R. Klauer, together with cost of publication• in addi- tion to the payment of $1000. each, no abstract of title shall be furnished . ................................................ 25 ---Operation: New View, progress report given ................. 107,146 114,143 Feb. 25 -.—Ordinance No. 18-74 An Ordinance amending Ordi- nance No. 3.34 known as the "Zoning Map and Zon- ing Ordinance of the Citv of Dubuque, Iowa", by amending Article IV, Section 2, Subsection (1) there- of to include Lot 1 of the Subdivision of Lot IA of Dennis Dorgan Subdivision in the City of Dubuque, Iowa, to permit off-street parking. (,fames Gruber) 114,148 " 25—Ordinance No. 15.74 An Ordinance authorizing Rich- Zahina to construct a chain link fence at 2513 ard Windsor Ave. .................................................................... 115 INDEX — BOOK 104 SUBJECT — 1974 __. — ---- .-.--- Page " 25—Oxus Grotto, requesting permission to place cannis- business establishments for victims of ters in local cerebral palsy and dentistry for the handicapped. 116 Mar. 11 --Ordinance No. 28.74 An Ordinance vacating a dedi- located between Lot 1 of 7 and Lot cated walkway 2 of 6 of the Dubuque Homes Subdivision No. 2 in the City of Dubuque, Iowa. (Francis P. Raymond) 128,204 " 11—Ordinance No. 27-74 An Ordinance amending and changing Ordinance No. 3-34 known as "The Zon- ing Ordinance and Zoning Map of the city of Du- buque so as to change certain property hereinafter described from Multiple Residence to "Local Business 'B' Dis- District" classification trict" Classification. (Man tern ach-Te rrace Heights 129' 203 Mobile Home) ................................. ............................. . " 11—Ordinance No. 16-74 Placing the Reed Property under control and management of the Park Board and be hereafter named as "The E. B. Lyons Forest Pre- serve and Nature Center." .......................................... 132 " II—Oeth, A. H., Subdivision No. 4, plat approved . ............ " 11—Orpheum Theatre—Five Flags Center Fund to pur- chase for restoration and/or renovation of same..... 138,139 " 18—Ordinance No. 21.74 An Ordinance Amending Ordi- nance No. 33-49 known as "The Traffic Code of Dubuque, Iowa" by repealing Section 19.4 thereof and enacting a new Section 19.4 in lieu thereof to provide that all motor vehicles be equipp<:d with a muffler to prevent excessive noise and annoying 148,186 smoke...................................................................... I......... " 18—Ordinance No. 22-74 An Ordinance Amending Ordi- nance No. 33-49, known as the "Traffic Code of the City of Dubuque, Iowa" by adding a new Section 30 thereto to establish noise standards, to prohibit the operation of motor vehicles in violation of es- tablished noise standards and providing penalties for violation hereof . ..............................................149, 186, 519 " 18 --Ordinance No. 23-74 An Ordinance relating to the Con- trol of excessive noise and providing penalties for the violation hereof . ..............................................149, 188, 284 " 18 --Ordinance No. 19.74 Ordinance Governing operation of bicycles in the City of Dubuque, Iowa, and the licensing of same, providing penalties for viola. tion hereof and repealing Ordinance No. 10-40 and Ordinance No. 33-56 ....................................................... 150 " 18—Ordinance No. -74 An Ordinance amending Ordi. nance No. 33-49 known as the "Traffic Code of Du. buque, Iowa" as amended, by repealing subsection 76 of Schedule VI thereof and enacting a new sub- section 76 to Schedule VI to prohibit the parking of motor vehicles on the south side of Kaufmann Avenue from Central Avenue to Francis Street and on the North side from Francis Street to Valeria Street and from Chaney Road to John F. Kennedy Road. (NOT ADOPTED) ................................................ 151, 185 18 --Ordinance No. -74 An Ordinance creating the office of Public Works and providing for the appointment of a Director of Public Works and establishing the duties of the Director of Public Works. (White- Urell) (NOT ADOPTED) ................................................ 152 18—Ordinance No. 30.74 An Ordinance amending and Changing Ordinance No. 3-34 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to remove the minimum Lot area per family requirement for Multiple Dwelling Structures with- in portions of the Business District Contained with- in the Dubuque Downtown Renewal Project Iowa R•15..................................................................................... 152, 221 INDEX — BOOK 104 1974 SUBJECT Page " 18—Ordinance No. 24-74 An Ordinance Amending the Budget as approved by Ordinance No. 1-74 to pro- vide appropriations for a Community Develop- mentProject . ................................... ..........................154, 192 " 18—Ordinance No. 25-74 An Ordinance Amending the budget as approved by Ordinance No. 1-74 in the amount of $1,175,527.00................................................. 157, 193 " 25—Orpheum Block, requesting to he sold to Five Flags. 161 " 25—Ordinance No. 20-74 An Ordinance Authorizing John J. and Ethel Beurskens to construct a chain link fence. 162 April 1—Ordinance -74 Amending Ordinance 3-34 known as the "Zoning Ordinance and 'Zoning Map of the City of Dubuque, Iowa," by repealing Section 1 of Article II and enacting a new section 1 of Article II in lieu thereof limiting the extension of education- al, religious or philantrophic uses and limiting the extension of club, lodge or community center uses. (Not Adopted) ..........................................................171, 219, 461 15—Opperman, Earl opposing to American Legion Bar. 200 " 15—Ordinance No. 26-74 An Ordinance amending Ordi- nance No. 24-69 known as the Ordinance regulating conduct in Public Parks of the City, by amending Section 30 thereof and enacting a new section 30 in lieu thereof to provide for the open season or hours for the respective parks in the City . ............ 202 " 15—Ordinance -74 Authorizing Ronald Amundson and Richard B. Windsor to construct a canopy over sidewalk at 253 Main Street. (NOT ADOPTED) .... 203, 223 " 15 --Order of Ahepa, requesting permission to place can- nisters in various establishments for funds for the fight against Cooley's anemia . ................................ 206 " 22—Ordinance No. 29-74 An Ordinance amending Ordi- nance No. 11-69 by repealing Section 2 thereof and enacting a new Section 2 in lieu. thereof to provide for the rate or fare to be paid by one passenger from seventy cents for the first one-fifth mile to ninety cents therefor and to provide for rate or fare to be charged each passenger regardless of originand regardless of destination and to provide a five dollars an hour waiting charge: and repeal- ing Ordinance No. 55-73. (Taxi -cabs) ........................ 214 " 22 ---Ordinance No. 31-74 Ordinance authorizing Ecumeni- cal housing, Inc. to Construct Footings ..................... 222 " 22 --Ordinance No. 32-74 An Ordinance amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque Iowa" by repealing Subsection 6.2.5. of Section 6.2 Parking Meter District B and enacting a New Subsection 6.2.5 of Section 6.2 Parking Meter District B in lieu thereof to limit parking to 120 minutes at any one time on Central Avenue, both sides, between Ninth and Twelfth Streets and both sides between Loras Boulevard and Eighteenth Street and the east side between Eighteenth Street and Nineteenth Street. 224 " 22—Ordinance No. 33-74 An Ordinance amending Ordi- nance No. 37.65 known as the Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Sub- Parking Meter District section 6.2.4 to Section 6.2 B and enacting a New Subsection 6.2.4 to Schedule 6.2 Parking Meter District B in lieu thereof to limit parking to 120 minutes at any one time on Iowa Street, both sides between Third and Fourth Streets and both sides between Tenth and Eleventh Streets and both sides between Twelfth and Thirtenth Streets and the west side between Thirteenth 225 Street and Loras Boulevard ......................................... " 22—Ordinance No. 34.74 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing P.- INDEX - BOOK 104 — — --- Page - Subsection 6.3.4 of Section 6.3 Parking Meter enacting a New Subsection 6.3.4 District. C and of Section 6.3 Parking Meter District C in lieu thereof to limit parking to ten hours on both sides of Iowa Street. from Second Street to Third Street. 225 " 22—Ordinance No. 35.74 An Ordinance Amending Ordi- nance Amending Ordinance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.1.4 of Section 6.1 Parking Meter District A and repealing Subsection 6.1.5 of Section 6.1 Parking Meter District A there- of and enacting a new Subsection 6.1.4 to Section 6.1 Parking Meter District A and enacting a New Subsection of 6.1.5 to Section 6.1 Parking Meter District A in lieu thereof to limit the parking of motor vehicles on Iowa St., both sides between 11th & 12th Sts. and the east side from 13th St. to Loras Blvd.; and Central Ave., both sides between 4th and 9th Sts. and both sides between 12th St. and LorasBlvd..................................................................... 226 " 29—Operation: New View requesting funding in approx. $5000. and submitting a proposal for its use, plant- ing areas, seeds, etc . .................................................... 240 " 29—Odefrey, Gary J., Notice of claim . ............................ 241 " 29—Ohnesorge, Daniel, Concern about Woodworth St. 243 May 13—Ordinance No. 36-74 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new Subsection 20 to Section B of Schedule: Ill thereof to provide that northbound and southbound vehi- cles on Washington Street must stop before enter- ing the intersection of East Twenty fourth Street and Washingon Street . ................................................ 275 " 13 ---Ordinance No. 38-74 An Ordinance amending the Budget as approved by Ordinance No. 1-74 and repealing- Ordinance No. 25-74 . ............... .............. N .. An Ordinance 276, 309 " 13—Ordinance No. -74 amending and changing Ordinance No, 3-34, known as "The Zon- ing Ordinance and Zoning Map of City of Dubuque, Iowa," so as to change the Sly 100' of Lot 2 in Westside Manor to Local Business "A"; Profession- al office on the Nly 230.53' of Lot 2 in West Side Manor Place and I.ot 13 of Block 4 in Westside Manor Sub; Permit off-street parking on Nly 230.53' of Lot 2 in Westside Manor Place and Lot 13 of Block 4 in Westside Manor Sub. (Chew) (NOT ADOPTED)............................................................ 277 " 13—Ordinance No. 74 An Ordinance amending and changing Ordinance No. 3-34, known as "The Zon- ing Ordinance and Zoning Map of the City of Du. buque, Iowa," so as to change the Sly 100' and Nly 100' of Lot 2 in Westside Manor Place from Single Family to Local Business "A" also amend Article IV for all street parking within the Nly 130.53' of Sly 230.53' of Lot 2 in Westside Manor Place, and Lot 13 of Block 4 in Westside Manor Subd. (Chew) (NOT ADOPTED)............................................................ 277 " 20—O'Brien, Bill, "Portrait Fund Drive" submitted for same................................................................................... 282 " 20—Ordinance No. 40.74 An Ordinance amending and Changing Ordinance No. 3.34, Known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to change the zoning classifi- cation of the Sly 75 feet and the Nly 75 feet of Lot 2 in "Westside Manor Place" from single family residence district to Local Business "A" District and changing the Nly 180.53 feet of the South 255.53 feet of Lot 2 in "Westside Manor Place" and all of Lot 13 of Block 4 in Westside Manor INDEX — BOOK 104 1974 - SUBJECT _ - -- Page Subd." from single family residence district to mul- tiple residence district with inclusion in Para- graph (i) of Section 2 of Article IV to permit off- street parking within the following described area: The Nly 180.53 feet of the Sly 255.53 feet of Lot 2 in "Westside Manor Place" and Lot 13 of Block 4 in "Westside Manor Subd.", all in the City of Du- buque, Iowa. (Pat Chew) ............................................ 284, 342 20—Ordinanoe No. 37-74 An Ordinance amending Section 2 of Ordinance No. 23-74 being an Ordinance relat- ing to the control of excessive noise and providing penalties for the violation thereof by repealing Section 2 thereof and enacting a new Section 2 in lieu thereof to change the hours relating to the construction and the repair of buildings from 8:00 A.M. to 7:00 P.M. to 7:00 A.M. to 8:00 P.M. of any day, Monday through Friday, and to change the hours of garbage collection from 7:00 A.M. to 9:00 P.M. to 6:00 A.M. to 9:00 P.M. of any day ................. 285 " 20—Odden, Rev. Robt., appointed Protestant Chaplain of the Police & Fire Dept . ........................................294, 307 June 10-4)rdinance No. 3974 An Ordinance amending Subsec- Schedule VII of Ordinance 33-49 known as tion a of the '^Il'affic Code of Dubuque, Iowa" as amended, by repealing Subsection a of Schedule VII thereof and enacting a new Subsection a of Schedule VII in lieu therof to prohibit the parking of motor vehicles in the alley from East Fourth Street to East Eighteenth Street between Central Avenue 329 and White Street. ... . ................................................... " 10-0gaard, Robert G., suspension of 1973 taxes requested. 329 " 10—Ordinance No. 42.74 An Ordinance amending and changing Ordinance No. 3.34 known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa so as to change certain hereinafter described property; Commencing at a point on the Lot Southwest East line of the West % of 2 of the 3/4 of the Southeast Y4 of Sec. 12, T89N, R2E of the 51h PM, lying 625 feet north of the south line of said Section 12, thence westerly a distance of ap- oxinnately 630 feet to the West line of said gest % of Lot 2 of the Southwest Y4, of the South- east V4 of Section 12, thence northerly along said West line a distance of 150 feet, thence Easterly a distance of approximately 630 feet to the East line Y4 the of said West % of Lot 2 of the Southwest of Southeast Y4 of Section 12, thence Southerly a dis- tance of 150 feet to the point of beginning; from "Multiple Residence Planned Unit Development District classification to "Hospital -Medical Dis- 330, 362 trict." (Sisters of St. Francis) .................................... " 17—Oberembt, C., objecting to rezoning of Chew property. 342 " 17—Ordinance No. 49-74 An Ordinance for the vacation and sale of that portion of Maple Street lying be- tween the north curb line of East 16th Street to south curb line of East 17th Street. (Dubuque 388 PackingCo.)..................................................................343, " 17-4)rdinance No. 41-74 An Ordinance amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Sub- 6.1 Parking Meter District section 6.1.8 of Section A and enacting a New Subsection 6.1.8 of Section 6.1 of Parking Meter District A in lieu thereof to limit the parking of motor vehicles on the south side of East Eighth Street from White Street East for a distance of sixty-six feet ..................................... 345 351 " 17— Office Grill, Granted Cigarette Permit ............................. " 17—O'Neill, William, Granted Cigarette Permit . ................ Cigarette Permit 351 355 " 28 --O'Hara, Dick, Granted . .................... rr_ INDEX — BOOK 104 1974 SU4ECT _ _ Page " 28—Otting, Eugene A., Granted Cigarette Permit . ............ 353 " 28—Otting, Eugene Arthur, Granted Class "C" Beer & 358 LiquorLicense................................................................. July 1—Ordinance No. 43-74 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Sub- section 27 to Section A of Schedule III thereof to provide that Eastbound and West bound Vehicles on Fengler Street must stop before entering the intersection of Lincoln Avenue and Fengler Street. 363 " 1—Ordinance No. 44-74 An Ordinance Amending Ordi- nance No. 33-49 Known as "the Traffic Code of the City of Dubuque, Iowa" by repealing Section 5.2 thereof and enacting a new Section 5.2 in lieu thereof to provide for right turn on red traffic light and provide for left turn on red traffic light. 363 " 1—Osco Drug Inc., Granted Cigarette Permit ..................... 373 " 8—Ombruni, Mr. Paul, representative of HD&R, reference to proposals for Sewage Waste Water Treatment Facilities Plant...............................................................375, 379 " 8—Ordinance No. 53-74 Vacation and sale of that portion of an alley at the extreme west end of Cherry Street running north from the N.P.L. of Cherry Street to the S.P.L. of the 1st alley south of Green Street and abutting Lot 1 of Lot 208 of Finley's Addn. to Herbert F. Heitzman for $200. .................... 378, 417 " 8—Ordinance No. 45.74 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Section gg of Schedule 11 thereof and enacting a new See. tion gg of Schedule U in lieu thereof to provide that Kaufmann Avenue from the West Property Line of Central Avenue to the East Property Line of Carter Road; and from the West Property Line of Carter Road to the East Property Line of Crissy Drive; and from the West Property Line of Crissy Drive to the East Property Line of John F. Kennedy Road; and from the West Property Line of John F. Kennedy Road to the East Property Street be designated Line of Bonson a through street................................................................................. 382 " 8—Ordinance No. 46.74 An Ordinance amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Sub- section 21 of Section B of Schedule til thereof to provide that northbound and southbound vehicles on Crissy Drive must stop before entering the in- tersection of Kaufmann Avenue ................................. 383 " 8—Ordinance No. 47-74 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Du. buque, Iowa" as amended by adding a new Subsec. tion 9 to Section I) of Schedule X and a new Sub- section 10 to Section D of Schedule X thereof to require westbound vehicles to yield the right of way before entering the South Intersection and the North Intersection of Crissy Drive and Mary - woodDrive........................................................ 383 " 8—Ordinance No. 48-74 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Sub. section 8 to Section C of Schedule X and a new Subsection 9 to Section C of Schedule X thereof to require eastbound vehicles to yield the right of way before entering the South Intersection and the North Intersection of Crissy Drive and Mary - woodDrive . ................................................. " 384 29—Ordinance No. 52.74 Amending Ordinance No. 24.89 known as the "Ordinance Regulating Conduct in Public Parks of the City of Dubuque, Iowa" by INDEX — BOOK 104 _ 1974 SUBJECT------i -Page amending Section 30 thereof and enacting a new Section 30 in lieu thereof to provide for the open season or hours for the respective parks in the City of Dubuque, Iowa. ................................403, 416, 440, 469 Aug. 5--Ordinance No. 53-74 An Ordinance for the vacation do Sale of that portion of an alley at the extreme west end of Cherry St. and running north from the N.P.L. of Cherry St. to the S.P.L. of the 1st alley south of Green St. and abutting Lot 1 of Lot 208 of Finley's Addn. to Herbert F. Heitzman for $200.00.............................................................................417, 459 12—Ordinance No. 50.74 An Ordinance amending Ordi- nance No. 33.49 known as "The Traffic Code of Dubuque, Iowa: as amended by adding thereto a new Section 20.8 permitting overweight & over- length trucks to operate in the City of Dubuque. 429 " 19—Ordinance No. 51-74 An Ordinance authorizing Key City Plating Co. to construct planter do Sivn . .......... 435 26—Ordinance No. 56.74 An Ordinance amending and changing Ordinance No. 3-34, known as "The Zon- ing Ordinance and Zoning Map of the City of Du- buque, Iowa", so as to change Lots 1, 2 and 3 of Block 5 of Rolling Ridge Subd. #f2; Lots 408, 409 do 410 of Lennox Addn.; Lots 1, 2 and 3 of Mettel- Brooks Addn.; and Lot 2 of Lot 1 of Lot 1, Lot 1 of Lot 1 of Lot 1, and I.ot 2 of Lot 1 all in Blk 1 of St. Anne's Subd., from "Local Business 'A' Dis- trict" to "Multiple Residence District". (Ohio, Illi- nois, Drexel Sts. and Chaney Rd. area)..................... 443, 485 Sept. "rdinance No. 5474 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Du- buque, Iowa,.as amended by repealing Subsection 7 of Section A of Schedule IV thereof and enacting a new Subsection 7 to Section A of Schedule IV in lieu thereof to limit parking of motor vehicles on both sides of Locust Street from Jones Street to FirstStreet..................................................................... 473 9—Ordinance No. 55-74 An Ordinance amending Ordi- nance No. 37.65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa, as amended by repealing Subsection 6.2.2 of Section 6.2 Parking Meter District B thereof and enacting a new Sub- section 6.2.2 of Section 6.2 Parking Meter District B in lieu thereof to limit parking of motor vehicles on Locust Street, both sides between First and Sec- ond Streets and both sides between Third and Fourth Streets and the West side between Fourth and Fifth Streets and both sides between Tenth and Twelfth Streets . .................................................... 474 " 16—.0'Brien, Police Chief, to attend 100th session of F.B.I. National Academy......................................................... 478 I""son, William etal, requesting removal of parking hazard on certain sections of Ungs Street near Hoyt Street . ..............................................479, 569, 591, 604, 605 16—O'Neill, William, Granted Class "C" Beer & Liquor License........................ .................................................... 481 2"rdinance No. 58.74 An Ordinance amending and changing Ordinance No. 3-34, known as the "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to change certain property hereinafter described from "Two Family Residence District" Classification to "Multiple Residence Dis- trict" Classification with inclusion in Section 2, Subsection W of Article IV thereof to permit off- street parking. (YM-YWCA) ........................................485, 512 30-0'Neal, Martha, Notice of Suit......................................... 493 X30 —Ordinance No. 57-74 An Ordinance amending Ordi- nance No. 33-49 known as "The Traffic Code of Dubuque, Iowa" as amended by repealing Subsea r INDEX - BOOK 104 1974_- Page tion 95 of Schedule VI thereof which prohibited parking of motor vehicles on the east side of Maple Street from Sixteenth Street to Seventeenth 494 Street. ................................................... 30 -Ordinance No. 62 74 An Ordinance amending and changing Ordinance No. 3-34, known as "The Zon- ing Ordinance and Zoning Map of the City of Du- buque, Iowa," so as to change Lot B, Lot C, and Lot. D of Block 12, Lots 3 through 22, inclusive, of Block 13; all of Block 13-A; Lots 1 through 5, inclu- sive, of Block 14; Lots 8 through 13, inclusive, of Block 14; Lots 9 through 14, inclusive, of Block 14-A; Lots 1 through 13, inclusive, of Block 15; Lots 1 through 12, inclusive, of Block 16; all in "Key Knolls Subdivision", Sec. 21, T89N, R2F, of 5th P.M., all in the City of Dubuque, Iowa; and Lot 2.1.1-1-1•]-1-1 of the Northwest V4 of the. South- east 114 of Sec. 21, T89N, R2E of the 5th P.M., all in the City of Dubuque, Iowa; from "Multiple Residence District' Classification to "Single Family Residence District' classification. (Hansel) ............ 495 30 -Ordinance No. 61-74 An Ordinance zoning and classify ing Lot 2 of Lot I of the Northwest V4, Northwest Fractional V4, Section 2, T88N, R2E-, and Lot 2 of Lot 1 of Lot I of the Northeast 1J4, Northwest Fraction %. Section 2, T88N, R2E of the 5th P!1t., all in Table Mound Township, Dubuque County, Iowa, consisting of 1.261 acres more or less, as a "Single Family Residence District". (Henschel) ...... 496, 527 30 -Ordinance No. 60.74 An Ordinance zoning and classify- ing Lot 2 of the Southeast V4 of the Southeast ?4 of Section 34, 'T89N, R2E of the 5th P.M. in Table Mound Township, Dubuque County, Iowa, consist- ing of 14.06 acres, more or less as a "Single Family Residence District" (Henschel) . ................................496, 527 30 -Ordinance No. -74 An Ordinance amending and changing Ordinance No. 3-34, known as "The Zon- ing Ordinance and Zoning Map of the City of Du- buque, Iowa" so as to change Lots 5, 6, and 7 of Block 2; and Lots 5, 6, 7, 8, 9 and 10 of Block 3, all in "C. J. Bies Subdivision" in the City of Dubuque, Iowa, from "Single Family Residence District" classification to "Local Business 'B' District" Class- ification (Klauer). NOT ADOPTED.............................497, 529 Oct. 14 -Ordinance No. -74 AN INTERIM ORDINANCE re- quiring a special permit from the Board of Adjust- ment to allow the exterior alteration of any build- ing located in the West 4th Street west of Bluff Street area, and further requiring a ninety (90) day waiting period prior to the issuance of a demolition permit for any building located within such afore- mentioned area. NOT ADOPTED .........................510, 590, 591 14 -Ordinance No. 59-74 An Ordinance establishing a Fire Limits for the City of Dubuque, Iowa, for the pur- pose of the protection of closely built, commercial districts against the hazards of fire spreadin4 from building to building, by supplementary restrictions on the construction permitted within such limits. 513 28 -Ordinance No. 64.74 An Ordinance amending and changing Ordinance No. 3.34, known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," zoning and classifying territory recently an- nexed to the City of Dubuque, Iowa, as a "Local Business 'B' District," to -wit: "Waechter Place in Center Grove" in Dubuque Township, Dubuque County, Iowa, consisting of 1.936 acres more or less. (Yiannias)................................................................530, 552 " 28 -.-Ordinance No. 63-74 An Ordinance amending Ordi- nance No. 33-49, known as The Traffic Code of the INDEX — BOOK 104 1974 - ---- --- ---- SUBJECTPage City of Dubuque, Iowa, by adding a new section 30 thereto to establish Noise Standards, to prohibit the operation of motor vehicle in violation of estab- lished noise standards and providing penalties for violation hereof. and repealing Ordinance No. 22-74. 530 Nov. 4—O'Hara, John Patrick, Granted Cigarette Permit ...... .•• " 4—O'Hara, John Patrick, Granted Class "B" Beer Permit. 546 547 " 18—Ostrander, Lee, Sidewalk Construction Bond sub- 551 mitted...................................... ......................................... " Thermolyne requesting an exten- 18—Option Agreement, sion of same for another two years to February 12, 1977 on land in River Front Sub. No. 3. ... 555 " 25 --Ordinance No. 71-74 An Ordinance Amending Ordi- "Traffic Code of nance No. 33-49 known as the Dubuque, Iowa." as amended, by enacting a new subsection 95 to Schedule VI thereof to prohibit the North side of parking of motor vehicles on Ungs Street from Clarke Drive to Iioyt Street. 569.591, 605 25—Ordinance No. 6574 An Ordinance Amending Ordi- No. 37-65 known as the "Street Parking nance Meter Ordinance of Dubuque, Iowa" as amended by Section 6.1.1 of Parking Meter District repealing A thereof and enacting a new Section 6.1.1 of District A in lieu thereof and by repealing Section 6-2.1 of District B and Section 6.2.12 of District I3 thereof and enacting a new Section 6.2.1 of District B and enacting a new Section 6.2.12 of District B in lieu thereof and repealing Section 6.3.14 of Parking Meter District C thereof and enacting a new Section 6.3.14 of District C in lieu thereof to limit the parking of motor vehicles on streets hereinafter described..................................................... 25—An Ordinance amending Ordinance No. 3 34, known as 570 the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by amending .Article IV, Sec- to Off Street tion 2, Subsection (i) thereof permit within the following described area: Lots 1, parking 2, 3 and 4 of "Humboldt Addition". (Completed in 571 1975) " 25—Ordinance No. 66-74 An Ordinance authorizing Du buque do Wisconsin Bridge Co. to construct New. 57l Toll Plaza. ..................... " 25 --Ordinance No. 67.74 Ordinance renaming portion 573 Front Street to Volunteer Drive ................................. " 25—Ombruni, Mr. of H D & R, consultants for Sewage Council Treatment Plant construction, assuring 575 fees will be frozen for project . ........................... _....... Dec. 2 --Ordinance No. 68-74 An Ordinance amending Ordi- the "Traffic Code of nance No. 33.49 known as Dubuque, Iowa" as amended by repealing Sec- repealing tion 37 of Schedule VI thereof and thereof n and nd renacting Section 52 of Section 84 of Schedule: VI thereof VI thereof and a new Section 37 to Schedule 52 to Schedule VI thereof enacting a new Section 84 oVehic•lasulehnlI in lieu thereof toaprovidew e that Mottorction l be Streets as hereinafter prohibited from parking on designated. (Parts of W. 10th, both sides Bluff St. " 582 ................................. and both sides W. 9th.)•.""•..... "C" Bcer Permit......... 586 " 2—Osco Drug, Inc.. Granted ('lass " 2 ---Ogen, Cole•tta A., Granted Class "C" Beer & Liquor 587 Licease............................................................................ 9--O n, Eldon, Notice of Claim . ................................ W..•••.• transactions of ater 590 (e " 16-0 Connor, Brooks & Co., audit Utility. Parking & Sewage Facilities funds for fiscal eriod of 1.1-74 thru 12-31-74; and Auditor of State 80.. p to audit all other financial funds of City ................. V INDEX — BOOK 104 -- -- --- SUBJECT " 16—Ordinance No. 69-74 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque Iowa' as amended by repealing Subsec- tion C of Section 3 of Schedule I which required that vehicles shall travel West -bound only on West Ninth St. from Locust St. to its Westerly terminus and by repealing Subsection a of Section 4 of Schedule I which required that vehicles shall .ravel East -bound only on Eighth Avenue from Hill Street toLocust Street............................................................. 603 " 16—Ordinance No. 70-74 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Subsection 11 to Section D of Schedule X thereof to require Westbound vehicles to yield right of way before entering the intersection of West Ninth Street and University Avenue ..................................... 604 " 16—O'Brien, Police Chief, recommending that no parking proposed for the north side of Ungs St. from Clarke Dr. to Hovt St. remain after trial runs by Police & Fire Equipment proved satisfactory ..................... 604 " 16—Ordinance An Ordinance vacating a portion of Avoca Street located west of west property line of the East 28' of the West NY of the West 100' of I.ot 2 of Mineral Lot 179, in the City of Dubuque. Iowa. (ADOPTED IN 1975) ........................................ 606 " 16—Ordinance No. 72-74 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Du- buque, Iowa" as amended by repealing Section J of Schedule 11 and enacting a new Section J to Schedule II thereof to provide that Eighth Avenue he designated a through Street from the West Property Line of Locust Street to the extension of the East Line of Bill Street . .................................... 606, 607 " 16—Ordinance An Ordinance revising and re- establishing a Building Code for the City of Du- buque, Iowa creating the office of Building Offic- ial, regulating the construction, alteration, recon- struction, removal, maintenance, use, equipment and inspection of buildings and structures within the City of Dubuque, Iowa: and fixing fees for such inspection and providing for penalties for violation of said Ordinance. (ADOPTED IN 1975.) ................ 607 " 16—Ordinance An Ordinance amending- Ordi- No. "The nance 59-70, commonly known as Fire Prevention Code For The City of Dubuque, Iowa" by repealing Section I thereof and enacting a new Section 1 in lieu thereof to provide that the Cite Council adopt the Fire Prevention Code recom- mended by the Western Fire Chiefs Association and the International Conference of Building Offic- ials being particularly the 1973 Edition. (ADOPT- EDIN 1975.).................................................................... 608 " 16—Ordinance — An Ordinance creating and estab- lishing Fire Zones in the City of Dubuque, Iowa, for the purpose of the protection of closely built commercial districts against the hazards of fire spreading from building to building, by supple- mentary restrictions on the construction permitted within such limits. (ADOPTED IN 1975) ................ 608 " 16—Ordinance - — An Ordinance regulating the erecting, maintaining, repairing, servicing, install- ing, altering and inspection of signs within the City of Dubuque, Iowa; and providing for fees for such inspection and providing for licensing of contractors, bonding for signs and penalties for violation of said Ordinance. (ADOPTED IN 1975.) 608, 609 INDEX—_BOOK 104__ 1974 SUBJECT --`--- — - — — page 16—Ordinance No. 73.74 An Ordinance amending Ordi- nance No. 39-65 known as the Parking Meter Lot Ordinance of Dubuque, Iowa, by repealing Section 5, Section 5A, and 5A.1 and 5A.2 and enacting a New Section 5, 5A, 5A.1 and 5A.2 in lieu thereof to establish number and location of municipal own- ed parking lots and to establish time and parking meter fee respectively . ............................................... 609 23—Ordinance No. 74-74 An Ordinance authorizing the issuance of $2,000,000 Sewer Bonds and providing for the levy of taxes to pay the same . ................ 626 629 INDEX -BOOK 104 SUBJECT Page P Jan. 7 -Playground & Recreation Commission submitting min- utes of their meetings. .............................................. 7, 29, 120, 1 M 260, 325, 377, 401, 422, 433, 507, 522 541, 581 " 7 -Paisley Robert J., objecting to a proposed land fill llome Site 7 at the Dubuque County ............................. " 7-Paeper, Donald, objecting to a proposed land fill at the County Home Site .................................................... " 7• & Zoning Commission submitting minutes of 7 -Planning theirmeetings................................................................. .. 8, 62, 111, 120, 218, 282, 359, 401, 423, 483 522. " & 'Zoning Commission recommending denial 569 7 -Planning of petition of Mike McCarthy requesting commer- cial use of property located at 289 S. Locust St..... 8 " 7 -Planning & Zoning Commission requesting considera- tion in the appointment of City representation on the East-Central Intergovernmental Assn. and the Dubuque County Metropolitan Area Planning Com- mission as considered at the Council Meeting of December17, 1973 . ....................................................... 8 " 7 -Planning & Zoning Commission recommending adop- tion of an Ordinance on Drive -In Restaurants by amending Article X of the Zoning Ordinance. .... 10, 65 " 7 -Planning & Zoning Commission submitting resolution No. 1.73 and recommending an amendment to the Urban Renewal plan to allow multiple family residential use over and above first floor permitted in Blocks 12, 13, 17, 18 and Redevelopment Area 11. 11, 135 " 7 -Planning & Zoning Commission recommending ap- proval of plat covering a proposal to vacate a por- tion of platted W. Sixth St. in Dubuque Downtown Plaza................................................................................. 12 " 7-Parochetti, David A., Granted a cigarette permit. ... 25 " 7-Parochetti, David A., Granted Class "C" Beer and Liquor License " 21 -Pascual, Jean, a resume sent, from Human Rights Commission..................................................................... 29 " 21-Petropoulos, Mary, reappointed to Human Rights Commission....................................................................1 29 " 21 -Planning & Zoning Commission recommending ap- proval of proposed 'Zoning reclassification in re- sponse to petition of Sisters of St. Francis to estab- lish a planned unit development on property lying north of Davis Avenue ................................................. 33 " 21 -Planning & Zoning Commission recommending ap- proval of rezoning petition of Philip A. Powers on Lot 1 of 1 of 1 of Powers Place to permit a planned unit development consisting of various commercial and residential uses . ............................ 33 " 21 -"Powers Place" rezoning request. 33, 34, 103, 104, 105, 106 " 21 -Prier, Wilfred, objecting to the proposed landfill site at the County Home . .................................................... 35 " 21 -Pins, Arthur W., requesting rezoning classification of Old Timer Athletic & Supper Club Place from Single Family to Multiple Family District. 36, 66, 127, 297 " 24-Petesch, E. W., Notice of claim for towing his car ................................ while parked behind his home.54, 341 " 24 -Planning & Zoning Commission recommending vaca- tion of a portion of the platted extension of Roose- velt St. described as Lot "A" of 2 of 2 of 1 in Block 5, River Front Sub. No. 3 . ........................................ 54 " 24 -Pease, Kenneth R., appointed to the Library Board..... 57 Feb. 4 -Peterson, Mrs. Lyle H., requesting support of Senator Tom Riley's bill to ensure cleaner air for non smokers............................................................................. 61 " 4-Peil, William S., Notice of Claim . ...........................64, 65, 296 INDEX — BOOK 104 1974 SUBJECT Page " 4—Planning & Zoning Commission recommending ap- proval of request for the rezoning of Old Timeri Athletic & Supper Club Place except the Nly 180' thereof as submitted by Arthur Pins ......................... 66 " 11—Pro'ect Concern, additional $1,000. requested by Mrs. 04eathcote ......................................................................... 87 " 11—Public Employment Relations Act, being in favor of. " & Zoning Commission, final 91 18—Planning submitting re- J.F.K. Road port and recommendations for the Corridor............................................................................. 99, 100 ' 18—Peoples Natural Gas Co., instituting an application and permit system that will apply to customers in order to determine in advance the potential load requirements................................................................. 100 " 18—Prospect Street, vacating portion of and disposing of same to Wm. P. & Beverly B. Woodward and Wm. J. and Carol R. Klauer................................................. 107, 146 " 25—Pfeiler, Mrs. Merle, complimenting Council on their Ecumenical Housing decision . .................................... 111 " 25—Pfeiler, Mrs. Ray, objecting to County Home area for land fill site................................................................. 111 " 25 --Planning & Zoning Commission, recommending vaca- tion of a parcel of City owned property abutting Lots 6 through 9, inclusive of Linehan Park Addn. (Gleason Memorials)...................................................... 114 " 25—Planning & Zoning Commission, recommending ap- proval of petition by James Gruber to include a portion of his property on Dorgan Place for off- streetparking................................................................. 114 Mar. 11—Planning & Programming, Iowa State Office for, recommending area planning office be located in City and full time Director paid from local funds. 122 " 11—Police Youth Program, authority for application to N.E. Iowa Crime Commission for . ............................ 125 " ii—Petition for Injunction, Notice of to the implementa- tion of gift for $100,000, for )ecumenical Housing. 127, 296 " 11—Park Board, control & Management of Reed Property. 129 " II—Planning & Zoning Commission recommending rezon- ing Terrace Heights Sub. to Local Busi- portion of ness "B" District Classification. (Manternach)........ 128 " 11—Planning & Zoning Commission recommending ap- "A. 13. Oeth Subdivision No. 4." 132 proval ofplat of Commission " 11—Planning & Zoning recommending ap- proval of plat of Blocks &A 9-A, 1&A & Lots C in Key Knolls Sub. (Hillcrest & D of Block 12 Builders).......................................................................... 13.1 " 11—Planning & Zoning and housing & Redevelopment De- partment, execution of lease extensions for Suites 10-B and 411 in Fischer Building ............................. 137 " 11—Pa P., Granted Class "C' Beer and Liquor L;ce en ....................................................................... 18—Planning & Zoning Commission and City Solicitor 141 suggesting that the minimum lot area requirement in Urban Renewal area of the Zoning District the Resoluion No. 73-74 recently be eliminated due to adopted to permit multi -family residential use within the project area ........................ I........................ 152 " 25—Planning & Zoning Commission approving plat of Sub. No. 5 163 Block 1 of Riverfront ............................. " 25—Palmer Drug Co., Granted Class "C" Beer Permit..... 164 " 25—Peoples Natural Gas, advising of reduction of rates for natural gas service . ................................................ 167 April 1—Peoples Natural Gas, permission to excavate on Loras nearAdair...................................................................... " 1—Peoples Natural Gas, permission to excavate on Rhom- 171 berg at Shiras & Farragut ............................................. 171 " 8—Pierce, M. C., objecting to proposed Ordinance pro- hibiting parking on North side of Kaufmann Ave. from Carter Rd. to J.F.K. Rd .................................... 185 a► INDEX — BOOK 104 1974 SUBJECT ----- -- Page " 8—Planning & Zoning Comm. recommending appproval of final plat of Blocks 13, 15, 16, and 13 A in "Key Subdivision" 196 Knolls ........................................................ " 15—Public Parks, Ordinance regulating conduct in and hours for the providing for the open season or respective parks . ....................................................202, 403, 469 " 15—Peoples Natural Gas, requesting permission to exca- in Gilliam St 206 vate . ........................................................ " 15—Peoples Natural Gas, requesting permission to exca- vatein Audubon St ......................................................... 206 " 15—Planning & Zoning Commission recommending ap- proval of final plat of Block 14 in "Sunrise Heights Subdivision." .................................................... 206 " 22—Planning & Zoning Commission recommending denial of reclassification of part of "Olds Place" and part of Mineral Lot 343 as requested by George Kennedy & Sons Construction ..................................... 218 " 22—Planning & Zoning Commission recommending denial of reclassification of Lot 72 and Lot 73 of Finley Addn. from Single Family residence District to Multiple Residence District as requested by Jerry L. Donovan..................................................................... 218 " 22• --Planning & 'Zoning Commission returning proposed Ordinance relating to limit the extension of educa- tional, religious or philanthropic uses, and clubs, lodges and community center buildings with no recommendation............................................................. 219 " 22—Planning & Zoning Commission recommending ap- proval of revised Urban Renewal Project Plan. .... 221 " 22 --Planning & Zoning Commission recommending reclass- ification to establish Multiple Residence -Profession- al Office Use on Lot 2 of "Westside Manor Place." (CHEW)............................................................................ 227 " 22—Peoples Natural Gas Co. requesting permission to excavate at 18th & Central for removal of existing gas main to allow Phone Co. to install new cable. 227 " 29—Peacock, Betty J., Notice of Claim ..................................... 242 " 29—Proclamation, National Historic Preservation Week. 242 May 6—Peoples Natural Gas Co., requesting permission to ex- cavate at 910 W. 5th Street to repair service line. 263 6—Planning & Zoning recommending annexing of Lot 2 of 2 of 1 of "DeLuxe Cottage Court" and Lot 2 of 1 of 1 of 1 of 1 of "George Jecklin Farm." ................ 263 " 13—Peoples Natural Gas Co. submitting revisions to its current late payment penalty procedure . ................ 272 " 13—Palm, Cletus, Sidewalk Construction Bond submitted. 273 13—Planning & Zoning submitting an Ordinance which would provide for Local Business "A" District Classification of the Sly 100' of Westside Manor Place and permitting off-street parking or pro- fessional office development on the remainder. (Pat Chewproperty)................................................................ 276 " 20—Portrait Fund Drive submitted by Councilman Just - mann. (Bill O'Brien)........................................................ 282 " 20—Playground & Recreation Commission submitting their 1973 organizational and activity report ..................... 282 " 20—Planning & Zoning recommending denial of reclass• ification of Lots 568 and 569 of Lenox Addition from Single Family District to Two Family District, as requested by Harlan J. Roth . ................................ 283 " 28—Pillsbury Co. has applied for apermit to make im. provements at their dock facilitles at 7th St. Harbor. 295 28—Pins, Arthur W., by attorney Leo A. McCarthy, re- questing rezoning of All of Old Timers Supper Club except the Nly 180' thereof, from Single Familv Residence to Planned Unit multiple Residence classification................................................................... 297 INDEX — BOOK 104 1974 SUBJECT Page 28—Pitz, Mrs. Dorrance, objecting to immense amount of traffic, tour busses as to parking and the emission of fumes; tours with school children have very poor supervision, in the 347 Bluff St. area ......................... 297 June 3—Peoples Natural Gas, requesting permission to exca- vate at 2009 Rhomberg Ave. to provide service to anew customer............................................................. " 3—Project Notes, authorizing sale, issuance & delivery of same in the aggregate amount of $1,490,000. and the execution of Requisition Agreement No. 3.74 in connection with Downtown Urban Renewal Project............................................................................... 10—Planning & Zoning recommending appproval of at of Block 4 & 5 of "Knob Hill" Subdivision. (Regina DugganTrust)................................................................ " 10—Pregler, Walter A., objecting to rezoning Chew property............................................................................. " 17—Plaza 20 Shopping Center merchants, (13 businesses) requesting a change in the traffic pattern on their entranceway................................................................... 17—Parochetti, Dave and Steve Glew, Granted Cigarette Permit............................................................................... 17—Plumley, Donald, Granted Cigarette Permit ................. " 17—Pins Arthur, Granted Cigarette Permit . .................... " 17—Ponderosa Steak House, Granted Cigarette Permit..... " 17—Pusateri, Michael F., Granted Cigarette Permit......... " 28—Pizza Hut, Granted Cigarette Permit ... ...................... " 28—Polfer Joseph, Granted Cigarette Permit ..................... 28—Potholf, Ronald, Granted Cigarette Permit ..................... " 28—Paradiso, Joseph, Granted Cigarette Permit ................. 28—Potter, Coletta A., Granted Cigarette Permit . ............ " 28—Paradiso, Joseph A. and Gary Buss, Granted Class "C" Beer & Liquor License ......................................... " 28—Pins, Arthur W., Granted Class "C" Beer & Liquor License............................................................................. 28—Pusateri, Michael F., Granted Class "C" Beer & LiquorLicense............................................................. 310 315 331 342 345 351 352 352 35'2 35'2 355 355 355 356 356 357 357 357 July 1—Planned Use Report General Revenue Sharing, proof 360 ofpublication................................................................. " 1—Planning & Zoning submitting final plat of Lots 1 thru 7 of Carmel Heights Sub. (Sisters of Charity) 369 " 1—PHASE H WASTE WATER TREATMENT FAM ITIES, City Manager recommending authorization to excute "Letters of Intent" to certain major 372, 378 equipment suppliers for same .................................... " 1—Palmer Drug Store, Granted Cigarette Permit. 373 " 1—Public Employment Program/Emergency Act of 1971, submitted by City Manager .............. .......................... " 8—Penberthy & Houdaille represented by Mr. Lowell & 373 Roger Walker, reference to proposals for Sewage Waste Water Treatment Facilities Plant . ............ 375 " 15—Peters, James M., Notice of Claim................................388, " 22—Pitz, Dorrance and others petition, Dan Dittemore sub- 624 mitting status of same concerning zoning in Bluff & 4th Sts. area .........................................................398, " 29—Pilot Research Program in cooperation with City and 493, 510 local colleges and universities bearing on problems 401 confronting city officials submitted by Mayor......... " 29—Playground & Recreation Commission submitting feasi- bility report on Ice Facility and outline of the Five 402, 4 23 FlagsCenter ...................................................... ............... " 29—Planning & Zoning recommending denial of petitions of Hollingworth, Manning, Steffen, KoerIEerick & Johnson concerning reclassifying 5 single family lots to Local Business "B" District between Glen - 402 cove Lane & Pennsylvania Ave . ................................ " 29—Public Parks, providing for the open season or hours 403, 416, 440 for the respective parks in the City of Dubuque. INDEX — BOOK 104 1974 SUBJECT _ Page Aug. 5—Pregler, Walter A., requesting negotiations be inaug- Board of Supervisors and the Coun- urated with the ty Board of Health for the purpose of merging into consolidated Public health Agencyy..................... 421 one " 12—Playground & Recreation Commission submitting peti tions requesting special election for the purpose of acquiring lands, es!ablishing, constructing and building thereon & incurring equipping a recreation indebtedness for such purposes . ................................ 423. 447 of car damages claim............ 428 12—Palm Ronald C., Denial " 12 --Pins, Art, withdrawing request for reclassification of "All of Old Timers Athletic and Supper Club Place except the Nly 180 feet thereof ................................. 430 12—Peoples Natural Gas Co., requesting permission to ex- Ton Avalon Road. 431 cavate 3 holes on W. 14th St. and " 19—Pettit, Don, etal, requesting vacation of the East 281 feet of the 10' wide access between the 1800 block of N. Algona and Avoca Strets. (DENIED) ...... .437. 542 19—Pitz, Dorrance, appointed to Citizens Advisor Board. 438 " 19—Pearce, Douglas, appointed to Low Rent Housing Com mission.............................................................................. 438 " 26—Planning & Zoning recommending portion of area known as portion of Kerper property be reclassi- fied from Single Family Residence to Multiple Residence. (Vicinity of Ohio St., Drexel Ave.. Chaney Rd. and Bristol Dr. at their intersection with Pennsylvania Ave.) ................................................ 442. 484 " 26—Planning & Zoning Commission recommending denial of rezoning Lot 2-1-1-1 of the East 'h of the South. west ',/4 of Sec. 21 T89N R2E 51h P.M. from Single Family Residence District to Multiple Residence District. (L. J. Schiltz request, behind Hempstead School.) ................................ ................................... 443 " 26—Payne, Burton, reappointed to Citizens Transportation Committee......................................................................... 453 " 26—Perry, Virginia, reappointed to Low -Rent Housing Commission..................................................................... 453 Sept. 3—Planning & Zoning submitting an amended Ordinance associated with the wording of present provisions "educational, regarding religious, and philanthropic use" in Single Family Residence Diitriet................. 460 " 3—Planning & Zoning recommending annexing two par- cels of property abutting the "Thomas Farm Addi. tion" (Henschel) . ...................................................466.495. 533 " 9—Planning & Zoning recommending final approval of F.D.R. Park View Heights in Table Mound Town. ship................................................................................... 475 " 16—Police Chief O'Brien to attend 100th Session of F.B.I. National Academy......................................................... 478 " 23—Planning & Zoning recommending rezoning of proper• ty at 1497 Dodge Street from two family residence to multiple Residence District, (YM -YWCA) .. 485 " 23 --Planning & Zoning recommending annexation of 1.936 acres located at northeast corner of intersection of Wacker Drive & U.S. #20 (Yiannias) ........................ 486. 529 " 23—Planning & Zoning recommending approval of "Charles E. Eickert" Sub. in Section 2 Dubuque Township, Dubuque County, Iowa . ............................ 487 " 30—Planning & 'Zoning recommending rezoning certain portions of "Key Knolls Subdivision" from Multiple Residence to Single Family Residence District. ... 494 " 30—Planning & Zoning recammending rezonin# certain C. J. Bies Subd. "B" portions of to Local Business District classification . .................................................... 496 " 30—PHASE I. WASTE WATER TREATMENT FACILITIES —CONTRACT IV—approval of preliminary esti- mates. Necessity for Improvement, and Fixing Date ofHearing......................................................................... 502, 545 INDEX —BOOK 104 1974 --_— ---- — --- — SUBJECT _ Page Oct. 14—Planning & Zoning Commission, Council to concur with same, relative to Dubuque Packing Company's request, by rejecting tendered Ordinance, and Building Commissioner instructed to issue building .................................................. permit if requested.519, 522 28—Peoples Natural Gas Co., advising of gas rate increase on bills issued on and after November 18,h. 522 gas n " 28—Park Board, reference to Third Street Reservoir, Joh 5851 . .524, . Duggan Petition. ......................................................... " 28—Peoples Natural (,as Co. requesting to excavate on Merz Stret and Rhomberg Ave, to provide cathodic protection. ................................. . ..................................... 28—Planning & 'Zoning recommending final approval of 532 plat of Lots 1-13 inclusive in West Ridge Addn. 534 (Delbert Miller)............................................................... " 28—Park Commissioners, Board of, owners of Lot 2 of Lot 1 of Lot 1 of Eagle Point View exchanging for Lot 2 of Eagle Point View owned by John V. Meehan & ................................................ Naomi R. Meehan.536, 584. 616 Nov. 4—Planning dZoning recommending VACATING easterly feet of n block boundedbyN. Grandview Ave., N. Algona, Green St., and Avoca. (Pettit)................................I................ 4—Privately owned housing, Dept. of Community Devel- opment. authorized to publish an Invitation for Proposals for same. ....................................................... I8—Planning & Zoning recommending approval of final plat of Blocks 1, 2 and 3 in Timber Ridge Addi- tion. (Henschel)........................ ................................. . " 18 --PHASE II OF THE WASTE WATER FACILITY, City Manager submitting resolution and an AMEND- MENT TO CONSENT ORDER with Dept. of En- vironmental Quality revising completion date for same from July, 1976 to August, 1977 ..................... 25—Parking Meter, Street, adjusted Ordoinance submitted. 25—Planning & Zoning recommending Lots 1 thru 4 of dented t Addition" rezoned off-treet parking, le resi- dence district to permit request of My -Cap Vendors . ........................................ 25 ---Peoples Natural Gas Co. requesting permission to excavate at 1525 Rhomberg Ave. to repair leaky 542 544, 592 557 559 569, 570 r 571 main. ....................... .................. ..................I ...................... 25—PHASE II, WASTE WATER TREATMENT FACILI IES — CONTRACT IV — construction contract for same awarded to J. P. Cullen & Son Construction Co....................................................................................... 25—Planning & Zoning recommending annexing property known as ,Jungwirth's Morocco" to City as re- quested by Bert T. and Hazel R. Hillary . ................ Dec. 2_—PHASE 11WASTE. WATER TREATMENT FACILIT- IES --'CONTRACT 1V — construction permit sub- mitted by Dept. of Environmental Quality . ............ 2—Pull. Vernon E., being in favor of granting permit to TomGibbs..................................................................... 9 --Planning & Zoning recommending rejection of an Interim )Historical Preservation Ordinance in pres- ent form & submitting a revised Ordinance. ........ 9—Parochetti, David A., Granted Class "C" Beer & Liquor .. License.................................................................... 23—Peoples Natural Gas advising of a gas rate increase to its customers on and after January 20, 1975, as permitted by the Iowa State Commerce Commission. " 23—Police Be Fire Departments, resolutions submitted to comply with directives of the Fair Labor Stand ards Act as to work periods for same ..................... 573 574 577 581 583 591 597 620 630 INDEX —BOOK 104 1974 SUBJECT Page Aug. 12—Quinn, John T., denial of car damages claim................. 427 INDEX — BOOK 104 104 SUBJECT Page Jan. 7—Russo, R. N., appointed City Solicitor for ensuing year. I " 7—Raymond, Mr. F. P., concerning vacation of a wa1K off Cherokee Drive............................................................... " 7—Rauch, Mr. Joseph, objecting to the occupancy of the Brammer property by the American Legion to be used as an open bar . .................................................... 7 " 7—Ruroden, Mary L., Notice of Claim for car damage incurred when struck by city owned vehicle at 17th & White St. on December 27, 1973 ................. 10 " 11—Reilly, Mr. Owen, indicating that an impasse has been reached with the personnel Dept . ............................ 28 " 24—Richard, Paul C., Notice of Claim for car damage......... 54, 64 " 24—Roosevelt Street Extension, vacating a portion thereof. 47, 55 Feb. 4—Roth, Arthur J., opposed to House File #712. ......... 59 " 4—Reed, Marjorie D., delivery of deed be approved. . 60 " 4—Roling, Gilbert F., Sidewalk Construction Bond sub- mitted............................................................................... 64 " 4—Rugby Coach, Mr. B. J. Weber, requesting acquisition of a playing field for their particular sport ............. 83 " 11—Russo, R. N. Public Official Bond, submitted ............. 87 " 11—Ruegnitz, Robert S., denial of car damage claim......... 87 " 18—Rhomber$, (Rev.) Thomas W., asking Council to ap- propriate $100,000 to enable "Ecumenical Tower" to become a reality.............................................98, 99, 3B5 " 18—Revenue Sharing; Funds, appropriate $100,000 for Ecumenical Housing . .................................................... 99, 154 Mar. 11—Ray, Governor, invitation to the Governor's Confer- ence on Juvenile Justice . ............................................ 120 " 11—Ray, Governor, advising that the State Office for Plan- ning & Programming will be conducting a series of 12 regional meetings in March to explain the Iowa Community Betterment Program . .............................. 120 " 11—Reed Property, under control & management of Park Board................................................................................ 129 " 11—Raymond, Francis P., vacating a dedicated walkway located between Lot 1 of 7 and Lot 2 of 6 of the Dubuque Homes Sub. No. 2 . .................................... 128, 204 " 11—Recreation, Director of, Richard Slattery, wishing to explain step four, evaluation and feedback in Op- erationMove................................................................. " 11—Renier, Maurice J., suggesting additional parking in 130 Urban Renewal Area . .................................................... 137 " 11—Rockford Area Chamber of Commerce, advising of a meeting for an informal evaluation meeting with I.C. Gulf and Amtrak represntatives. .................... 142 " 25—Revised Section 23 Leased Housing Program, Gent M. Wittenberg requesting Mayor execute "Letter of Intent" on......................................................................... " 25—•R & S Enterprises, disposing of real estate in Urban 167 Renewal Area to same . ................................................ 166 " 25—Recreation Commission, move ahead with plans for 161 icerink proposal............................................................. " 25—Rock Island Corps of Engineers, inspection report & results of inspections of Flood Protection Works. 165, 169 April 15—Rosenthal M. O., opposing; to American Legion 13ar. " 15—Recreation Commission, supporting Flight 4.5-60......... 200 201 " 15—Reidel, Sue, supporting Flight 4-5-60. ........................ 201 " 15 --Roth, Harlan J., requesting rezoning of Lots 568 & 569 in Lennox Addn. from single family to double fam- ily dwelling on McPoland St . ....................................206, 283 " 15—Regional Planning Commission, Mayor and City Man. ager to serve as members and two Councilmen as alternates......................................................................... 212 " 22—Recreation, Director of, Richard J. Slattery, recom- mending not to initiate the special food services for1974............................................................................. 216 INDEX —BOOK 104 ------ SUBJECT 1974 ------- -----Page 29 --Reiter, Gladys L., et al, objecting to proposed paving 24:3 ofStewart Street........................................................... 29—R & S Enterprises, Inc., execution of a contract for sale of land for private redevelopment for total 250 priceof $19,924.82......................................................... 29—Rail system service for goods and persons in & through the State of Iowa and urging appropriate toward 251 Federal, State, and Local action that goal. May 6—Roberson, Dennis E. attorney for Mrs. Dorothy Dut• 262 . .. ton, Notice of Claim. ............................................... " 6—Ramada Inn, by Robt. Hampton, request extension of90 days.................................................................260.411. 541 " 13—Rosemont Street area by Donald C. Moody, objecting to student parking on the street during school hours. (Hempstead school) ........................................... 277, 325 " 20—Riverside Bowl Inc., Granted Class "C" Beer & Liquor License............................................................................. " 28—Runde, Robert, appointed to Mayor's Industrial Devel- 294 opment Advisory Comm . .......................................•.... 304 June 10—Rembold, Elma M., suspension of 1973 taxes requested. " Sharing Funds from July 1, 1974 to June 30, 329 17—Revenue 1975, Ass't. City Manager Murray, submitting com- copy summarizing planned use of same. .... 340 pleted " 17—Radio Trade Supply Co., requesting for a loading zone or limited parking in front of 1.00 I~ ast 8th Street. Granted Cigarette Permit 344 351 " 17—Riverside Bowl, Inc., ............. " 17—Reisdorf, Joseph E., Granted Cigarette Permit ............. 351 " 17—Ricketts, Karl, Granted Cigarette Permit . .................... 351 " 17—Roy, Sally Josephine, Granted Cigarette Permit. ........ 351 " 17—Ruegnitz Drug Store, Granted Cigarette Permit. ........ 351 " 17—Ring, Richard, Granted Cigarette Permit . ................ 352 " 17—Randall's Foodarama, Granted Cigarette Permit. ........ 352 " 17—Reisdorf, Joseph E., Granted Class "C" Beer & Liquor License............................................................................. 353 " 28—Roeth, Dolores S., & Albert J. Ney, Granted Cigarette Permit............................................................................... 355 " 28—Rainbow oil Co., Granted Cigarette Permit . ................ 355 " 28—Roshek's Dept. Store, Granted Cigarette Permit. ........ 356 " 28—Ring, Louis A., Granted Cigarette Permit . .................... 356 " 28—R.oeth, Dolores & Albert Ney, Granted Class "C" Beer & Liquor License......................................................... 357 " 28—Roy, Sally Josephine, Granted Class "C" Beer & Liquor License............................................................................. 357 July 1—Revenue Sharing, Planned Use Report General, Proof of publication................................................................. :360 1—Right turn on red light . .................................................... 363 " 1—Revelle, Patricia, Granted Cigarette Permit . ............ 373 " I—Riekena, Mrs. Doris, Granted Cigarette Permit. ........ 373 " 15—Revelle, Mrs. Patricia, Granted Class "C" Beer & License. .................................... •....................................... 390 " 29—Repair of Storm Sewer on 24th St. (between Jackson & Washington)........................................................405.462, 537 Aug. 12—River Front Sub. No. 5, street lighting requested by City Manager for same ................................................. 423 " 12—Rosemont St., installation of street lighting requested along same..................................................................... 424 " 12 --Revenue Sharing Fund report for July 1, 1973 to June 30, 1974, request for publications . ............................ 424 " 12—Roth, Ray, Denial of car damages clairn......................... 427 " 12—Ruroden, Mary L., Denial of car damages claim.....................420 " 19—Rettenberger, Max, Granted Cigarette License . ............ 437 " 19—Russo, Paul, appointed to Playground & Recreation Commission.................................................................. " 438 26—Reynolds, Jim, Atty., regarding barricading in Wash. ington St. neighborhood . ............... ................440, 553 " 26—Revenue Sharing, Actual Use Report, Proof of Pub- lication............................................................................ 44C " 26—Roepsch, Joe, objecting to TV rate increase ................ 442 INDEX - BOOK 104 1974 --- SUBJECT _ Page " 26—R & S Enterprises accepting Quit Claim Deed from 04" Lot 3 same, for Sly of the Ely 53'-83'4" of of Block 6 in Dubuque Downtown Plaza, and directing the payment of $98.55 for said real estate. ........ 447 26—Recreation Building, election on the proposition of issuing bonds to an amount not exceeding $2,500,000. for same . ...................................................447, 491 26—Randalls Foodarama, Granted Class "C" Beer Permit. 452 Sept. 3—Ricken, Leona G., suspension of 1973 and first half 462 " 1974 taxes....................................................................... 9—Repair of emergency storm damage which occurred in summer, City Manager submitting Receipt of 472 proposed bids on the same . ........................................ Nov. 4—Revenue Sharing Funds for subsidizing Dubuque Tran- sit System, exceeding budget appropriation of " $225,000. in same. ........................................................ 4—Regal 8 Motel, Granted Cigarette Permit ..................... 542 546 " 4—Railroad Alignment of the Proposed Dubuque Down- town Freeway, resolution approving the alternate " ofsame............................................................................. 18—Radio Station WSUI-FM, endorsing the proposed ex- in Iowa and urging fav- 548 pansion of service eastern by the U.S. Department of Health, orable approval Education and welfare to the University of Iowa's " ............................................................................ request.2 25—Rubel, James LHousing Inspector, advising property at 759 Hill t. has met with 95% compliance of I Housing Law, no further action needed..... ..... 568 " 25—Renaming of Front Street to Volunteer Drive. 573 " portion 25—Riekena, Doris, relative to equipment needs for the Dec. bus- system..................................................................... 2--Rudzianski, Theresa, Notice of Claim ........................... 576 582 " 16—Riverview Park, Conservation Society advising of de- velopment and maintenance of same, at northern " end of Industrial Island . ............................................ 23—Rasmussen, Delmar, General Liability Policy submitted. 601 621 "RESOLUTIONS" Jan. 7—Resolution No. 1-74 Providing for the Appointment of a City Manager, City Clerk and City Solicitor for the City; providing their salaries and fixing " theirbonds . .............................................................. 7—Resolution No. 2.74 Designating "The Telegraph -Her- 1 " ald" the official newspaper of the City ..................... Designating "American Trust & 1 7—Resolution No. 3-74 Savings Bank", "Dubuque Bank & Trust CompanX", "First National Bank of Dubuque", and "Key City Bank & Trust Company" to be depositories of the " CityFunds..................................................................... 7—Resolution No. 4-74 Approving a Plat of Portions of 2 Vacated Streets and Alleys in the Downtown Urban " Renewal Project Area . ................................................ 7—Resolution No. 5.74 Fixing the Date of Public Hearing 13 for an Urban Renewal Plan Change for the Down- town Urban Renwal Project, Iowa R-15.13 " 7—Resolution No. 6.74 Accepting Deliver of a Deed for the Downtown Urban Renewal Project, Iowa R-15, from Jannetta A. and Howard McQuillen. .......... 15 " 7—Resolution No. 7-74 Assessing delinquent garbage and refuge collection charges against various properties " in Key Knolls Sub. (Hansel) .................................... 7—Resolution No. 8-74 Requesting the Auditor of Slate to the financial conditions and transactions 15 audit of auditteof hefWor ater, Parking Facil tiesaandtSewage Rental Funds be contracted with the CPA firm of " O'Connor, Brooks and Company . ................................ 7—Resolution No. 9.74 Schedule of Assessments for 1973 16 North Algona Sanitary Sewer -8 inch, between Uni- versity Avenue and .oras Boulevard . .................... 17 INDEX —BOOK 104 PW 1974 " 7—Resolutionndt0,74 fnashtof o the ssesedcost of Cy of werBos payor 1973 North Algona Sanitary Sewer -8 inch - Dubuque between University Ave. and Loras Blvd ................. 17 " 7—Resolution No. 11-74 Schedule of Assessments for Street from N.P.L. of 9th St. to the S.P.L. of Locust Loras Blvd. (part of 1973 Asphalt Paving Project No. 1.) ................ ............................................................. " 7—Resolution No. 12.74 Providing for the issuance of 20 Street Improvement Bonds for the purpose of pro- viding for the payment of the assessed cost of 1973 Asphalt Paving Project No. 1. (Locust Street) ........ 23 " 7 --Resolution No. 13-74 Granting Cigarette Permits. .... 25 " 7—Resolution No. 14-74 Granting applications for Class "B" and ,.C„ Beer Permits . ........................................ 25 " 7—Resolution No. 15-74 Directing the issuance of Class "B" and "C" Beer Permits . .................................... 25 " 7—Resolution No. 1674 Granting application for Class "C" Beer and Liquor I.icenses..................................... 25 " 7—Resolution No. 17.74 Directing the issuance of Class "C" Beer and Liquor Licenses . ................................ 26 " 21—Resolution No. 18-74 Schedule of Assesments—City of No. Dubuque 1973 Asphalt Paving Project 1—Uni. versityAve..................................................................... " 21—Resolution No. 19.74 Resolution providing for the is- 38 suance of Street Improvement Bonds for the pur- pose of providing for the payment of the assessed cost of the 1973 Asphalt Paving Project No. 1— UniversityAve................................................................. 41 " 21—Resolution No. 396-73—Necessity for Improvement for construction of East 4th Street Extension Sanitary Sewer.-1973..................:................................................. 43 " 21—Resolution No. 20-74 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements for construction of East 4th Street extension Sanitary Sewer -1973 . ................ 44 " 21—Resolution No. 21-74 Ordering Construction of East 4th Street Extension Sanitary Sewer -1973 ............. 44 " 21—Resolution No. 22.74 Approving Easement Agreement between the City and Illinois Central Gulf Rail- road to construct 8" sanitary sewer line under tracks at Clinque Addn, off Century Dr. ................ 45 " 21—Resolution No. 23-74 Approving plat of Lot "A" of 2 of 2 of 1 of Block 5 in River Front Sub. No. 3......... 45 " 21—Resolution No. 24-74 Approving plat of Sub. of Lot 2 of 2 of 1 of Block 5 River Front Sub. 3 and the Sub. of "A" of Lot 2 of 2 of 1 of Block 5 ......................... 46 " 21—Resolution No. 25-74 Approving plat of the Sub. of Lot 2 of 2 of 2 of 1 of Block 5 River Front Sub. No. 3................................................................................. 46 " 21 --Resolution No. 2674 Approving sale of Lot 1 of 2 of 2 of 2 of 1 of Block 5 River Front Sub. No. 3 to United Parcel Service Inc. in the amount of $21,780.00 ................................................................... . ..... " 21—Resolution No. 27-74 Approving action of Eminent 47 Domain Proceedings for the acquisition of N. 28' of Lot 639 and South 2312" of City Lot 639 and Lot 2 of N. 11.8" of City Lot 640 from John C. and Margaret Duffey . ............................................. " 21—Resolution No. 28.74 Authorizing the Publication of Notice of Sale of Project Notes (First Series 1974) and the Receiving of Proposals for the Sale of Said Notes for the Downtown Urban Renewal Proj- ect, Iowa R-15 . .................................. " 21—Resolution No. 29-74 Acceptance of Warranty Deed from Flora Harke.tt, for Lot 2 of 1 of 1 of 2 of Out Lot 735 dedicated for street purposes. (Hill St. widening) .............................................. INDEX —BOOK 104 1974 SUBJECT Page " 21—Resolution No. 30.74 Approving signing of Memoran- dum of Agreement relating to wages and working conditions and other employee benefits with city employees......................................................................... " 21—Resolution No. 31-74 Granting of Cigarette Permits. 51 51 " 21—Resolution No. 32.74 Granting application of Class „C" Beer Permit............................................................. 52 21—Resolution No. 33-74 Directing the issuance of Class "C" Beer Permit. I ........................................................... 52 " 21—Resolution No. 34-74 Granting applications for Class "C" Beer & Liquor Licenses . .................................... 52 " 21—Resolution No. 35.74 Directing the issuance of Class "C" Beer & Liquor Licenses .................................... " 24—Resolution No. 36-74 Approving and being in favor of 52 passage of Senate File 225 being a bill to appropri- ate $5,000,000 annually to Iowa cities and towns for urban mass transit systems . ...................................... 56 " 24—Resolution No. 37-74 Approving agreement between Dubuque County, Jackson County, Delaware County and City creating a separate legal entitty known as „Operation: New View." ................................................ 56 Feb. 4—Resolution No. 38-74 Formal opposition to House File 712 being a bill to license and regulate restaurants and eating establishments. (health Dept.) ................ 59 " 4—Resolution No. 39-74 Approvingg delivery of warranty in fact for deed by Donald R. Breitbach attorney Marjorie Reed conveying Lots 2 & 3 of NEI/4 SEY'4 Lots 2 & 3 NWY4 of SWY4 Lots 2 and 3 of Sec. 1, of /4 NE'/4 of SWY4 and Lot 2 of 1 of SWY4 of SWC Sec. 6, Twp. 88 N. Range 3 East of 5th P.M......... 60 " 4—Resolution No. 40-74 Approving termination of the lease by Brammers Inc. and said lease be cancelled and held for naught on Lot 1 of Summit Place W. 126' effective February 28, 1974 . ............................ " 4—Resolution No. 41-74 Requesting Soil Conservation 79 Service to render technical assistance in the in- vestigation of soil & water characteristics, study of the feasibility of various measures of soil and water resource management, in the watershed of the North Branch of the Catfish Creek ..................... 80 4—Resolution No. 42-74 Approving agreement with the Dubuque Lumber Co. for rental of a portion of 80 quonset buildings of the Naval Reserve . ................ " 4—Resolution No. -74—Directing the City Attorney to prepare necessary proceedings for presentation to the Council to consider the construction of an en- closed swimming pool and ice rink at Veteran's ADOPTED) 81 Memorial Park. (NOT ............................ " 4—Resolution No. 43-74 Granting Cigarette Permit to Design Center Inc . .............................................. I......... " 4—Resolution No. 44.74 Granting applications for Class 81 "C„ Beer Permits . ........... ........................ I.................... " 4—Resolution No. 45.74 Directing the issuance of Class 81 ,.C„ Beer Permits......................................................... " 4—Resolution No. 46-74 Granting applications for Class 82 "C" Beer & Liquor Licenses ......................................... 82 " 4—Resolution No. 47-74 Directing the issuance of Class 82 "C" Beer & Liquor Licenses . .............................. I..... " 11—Resolution No. 48.74 Expressing condolence to family 84 & friends of Leo N. Schueller......•...................I.....• " 11—Resolution No. 49-74 Expressing condolence to family & friends of Wm. J. O'Brien ..................................... " 11—Resolution No. 50-74 Approving sale of Lot 2 of Sub. 84 of Lot 2 of Lot 2of Lot 2 of Lot 1 of Block 5 of River Front Sub. No. 3, and Lot 2 of Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 of River Front Sub. No. 3, to American Optical Corp. by Mayor's 90 Industrial Committee..................................................... INDEX — BOOK 104 1974 SUBJECT --- Psi " 11—Resolution No. %-74 Making it known to all persons to the Iowa House of Representa- and in particular tives that the enactment of a Public Employment Relations Actbe a top priority order of business 91 of said house. Senate File 531..................................... " 11—Resolution No. 52-74 Approving schedule of valua- tions and assessments for construction of Century Drive & ve 8 inch 53-lt q1 pposed plans, " II—Resolution No. 74 Approval of proposed form of contract plat and all other docu- specs., ments for construction of Century Drive & Bies Drive 8" sanitary sewer............................................. " 11—Resolution No. 54-74 Necessity for Impprovement for Drive 8" 92 construction of Century Drive & Bies sanitarysewer................................................................. " 11—Resolution No. 5674 Fixing date of hearing on pro- 142 posed resolution of necessity for construction of Century Dr. & Bies Dr. 8" sanitary sewer. ............ 93 the sale of ect " II—Resolution in aAuthorizing mount of $1,585,000. and the p xecu- tion of requisition agreement No. 4-73 in connec- tion with the downtown urban renewal project, No. IowaR-15........................................................................... " 11—Resolution No, 57-74 Granting application for Class 93 'B„ Beer Permit............................................................. " 11—Resolution No. 58-74 Directing the issuance of Class 95 "B" Beer Permit......................................................... " II—Resolution No. 59.74 Granting application for Class 96 "C" Beer & Liquor License..................................... 96 " 11—Resolution No. 60-74 Directing the issuance of Class "C" Beer & Liquor License......................................... 96 " 18--,Resolution No. 61-74 Approving Easement Agreement with L C. Gulf R. R. Co. in connection with installa- tion of, the South Dubuque Interceptor Sanitary Sewer........................................................................... " 18—Resolution No. 62.74 Awarding contract to Tschiggfrie. 107 Excavating in the amount of $13,590.00 for con. struction of E. 4th St. Extension Sanitary Sewer. 108 " 18—Resolution No. 63.74 Approving official report of Parking Municipality for Municipal Streets and for1973....................................................................... 109 " 18—Resolutions No. 64-74 Granting applications for Class "B" Beer Permits......................................................... 109 " 18—Resolution No. 65-74 Directing the issuance of Class "B" Beer Permits......................................................... 109 " 25—Resolution No. 66.74 Granting of cigarette License. 116 Mar. 11—Resolution No. 67-74 Authorizing the execution of a contract with Henningson, Durham & Richardson, Inc., for Water Treatment Facilities ......................... 124 " 11—Resolution 88.74 Authorizing the N.E. Iowa Area Crime Commission to act in its behalf in the re. ceipt, deposit and dispersal of Federal Funds received from the Commission for Police School Liaison Program............................................................. 125 " 11—Resolution No, 69.74 Matching resolution to provide cash funds for 1974 not to exceed $8,569.87 for Liaison Officer/ Coordinator & Contract Services. ..................................... 125, 126, 277 " 11—Resolution No. ?4 74 Approving the sale of Lot 2 of the Subd. of Lot 2 of Lot 2 of Lot 2 of Lot 1 and Lot 2 of Lot "A" of Lot 2 of Lot 2 of Lot 1 in Block 5 of River Front Sub. No. 3 to American OpticalCorp..................................................................... 131 " 11—Resolution No. 71-74 Approving the plat of "A. 11. Oeth Subdivision No. 4"................................................ 132 " 11—Resolution No. 72.74 Approving the plat of Blocks 8-A, 9-A, 10-A and Loi C and D, Block 12, in "Key Knolls Subdivision" (Hillcrest Builders) ..... 134 INDEX — BOOK 104 - - - -- -_-- SUBJECT 1974 Page _ ii—Resolution No. 73-74 Approving a change to the Ur- ban Renewal Plan for the Downtown Urban Re- newal project Iowa R-15 permitting multiple fam- ily residential use as an additional land use in a designated Urban Renewal area . ................................ 136 " 11—Resolution No. 74-74 Authorizing the execution of lease extensions for Suites 10-B and 411 in the Fischer Building to house the Departments of Housing and Redevelopment and Planning and Zoning............................................................................... " No. 75.74 Authorizing the execution of a 137 11—Resolution contract with Iowa Appraisal and Research Corp- oration for a special appraisal of the Orpheum Theatre for the Downtown Urban Renewal Project, not to exceed $900.00 . ................................................ 11—Resolution No. 76-74 Authorizing the execution of a 138 contract with Iowa Appraisal and Research Corp- oration for a reuse Appraisal for the Downtown Urban Renewal Project at a cost not to exceed $2700.00............................................................................ " 11 ---Resolution No. 77-74 Approving plat of Lot 1 of 2 138 of 2 of 1 of Block 5, River Front Sub. No. 3......... 139 " 11—Resolution No. 78-74 Approving sale of Lot 2 of the Sub. of Lot 1 of 2 of 2 of 1 of Block 5 River Front Sub. 3 to Iowa Coaches, Inc ......................................... 139, 140 " No, 79-74 Granting applications for Class 11—Resolution "C„ Bear Permit............................................................. " 11—Resolution No. 80-74 Directing the issuance of Class 140 .,C„ Beer Permits......................................................... " 11—Resolution No. 81-74 Granting applications for Class 141 "C" Beer & Liquor License . ................... I.................... " 11—Resolution No. 82-74 Directing the issuance of Class 141 "C" Beer & Liquor License . ........................................ 141 " 18—Resolution No. 83-74 Approving sale of that portion of vacated Prospect Street known as Lot 32A and Lot 40A in "Coriell's Dubuque" to Will. J. and Carol R. Klauer and Will. P. Woodward and Bev- 147 ......................................... erly B. Woodward............... " 18 --Resolution No. 8474 An application for approval of the permanent transfer of funds in the amount of $88,200. from Liquor Sales Profit to General, Park Trust and Agency Funds. 153 Public Safety, and " 18—Resolution No. 85-74 Approving contract for services between Ecumenical Housing Inc. and City approv- ing the expenditures of $100,000 Revenue Sharing 154 Funds. .............................................. . .............................. " 18—Resolution No. 8fr74 Authorizing an amendment to for el of demoli tthel ontowntw nU ban Renewal Project,tract No. 1-72 tinder con- tract with F. N. Smith Const. and K. W. Gaber ]58 Const. Co......................................................................... " 18 --Resolution No. 87-74 Granting of cigarette License. applications for Class 158 " 18—Resolution No. 88-74 Granting 158 "B' and "C" Beer Permits. ......... the issuance of Class " 18—Resolution No. 89-74 Directing 159 „B„ and „C„ Beer Permits . ................................... for Class " 18—Resolution No. 90-74 Granting applications "B" and "C" Beer and Liquor Licenses . .................... 159 " 18—Resolution No. 9174 Directing the issuance of Class 159 'B' and "C" Beer and Liquor Licenses ..................... plat of Block 1 " 25 --Resolution No. 92.74 Approving 163 of Riverfront Sub. No. 5..... -i"""" " " 25 ---Resolution No. 93.74 Granting of Cigarette License. for Class 164 " 25 --Resolution No. 94-75 Granting applications 164 "C" Beer Permits. ............ " 25 --Resolution No. 95-74 Directing the issuance of Class 164 "C" Beer Permits. """ "" " 25—Resolution No. 96-74 Granting applications for Class 165 "C" Beer & Liquor License ......................................... INDEX_ —BOOK 104 SUBJECT Page 25—Resolution No. 97.74 Directing the issuance of Cass 165 "C" Beer & Liquor License.................................. " 25--Resolution No. 98-74 Declaring intent to sell a por- tion of the Downtown Renewal Project, Iowa R-15, 166 to R. & S. Enterprises, Inc......................................... April 1—Resolution No. 99-74 Dissolving the Dubuque County Municipal League as of April 17, 1974, and Secre- tary-Treasurer of the Dubuque County Municipal League, be instructed to transfer the remaining the Area Council of funds, to the Secretary of 172 Governments................................................................... " 1—Resolution No. 100-74 Schedule of proposed assess- ments for the City of Dubuque 1974 Asphalt Pav- ingProject No. 1............................................................. Preliminary esti- 172 " 1—Resolution No. 101-74 Approval of mate, proposed plans, specification, form of Con- tract, Plat, and all other documents for Construc- tion of City of Dubuque 1974 Asphalt. Paving 173 ProjectNo. 1................................................................ " 1—Resolution No. 102-74 Necessity for Improvement for Asphalt Paving Project No. 1..................................... 173, 244 " ]—Resolution No. 10374 Fixing date of Hearing for 174 Asphalt Paving Project No. 1................................. " 1—Resolution No. 104-74 Approval of Preliminary esti- mate, proposed plans, specification, form of Con- tract, Plat, and all other documents for Construc- tion of City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1 on 101h Street from Locust St. to Bluff St. and intersection of 9th & Bluff Sts., Contract No. 2 P. C. Concrete Paving & Buildings removal................................................... 175 " 1—Resolution No. 105.74 Necessity for Improvement for 1974 Concrete Paving with Integral Curb Project No. 1 10th St. from Locust St. to Bluff St. and in- tersection of 9th and Bluff Sts., Contract No. 2 175, 257 P. C. Paving & Buildings Removal ............................. " 1—Resolution No. 106.74 Fixing date of Bearing for 1974 Concrete Paving with Irtegral Curb Project No. 1, 10th St. from Locust St. to Bluff St. and inter- section of 9th and Bluff Sts., Contract No. 2 P. C. Paving & Buildings Removal..................................... 176 " 1—Resolution No. 107.74 Approval of Preliminary esti- mate proposed plans, specifications, form of Con- tract, plat, and other documents for Construc- tion 1974 Concrete Paving with Integral Curb Proj- ect No. 1 on 10th St. from Locust St. to Bluff St. and intersection of 9th and Bluff Sts., Con- tract No. 1, Traffic Signals and Signing. ................ 177 " 1—Resolution No. 108-74 Necessity for Improvement for Construction 1974 Conerte Paving with Integral Curb Project No. 1 on 10th St. from Locust St. to Bluff St. and intersection of 91h & Bluff St., Contract No. 1, Traffic Signals & Signing. ............ 177, 239 " 1—Resolution No. 109.74 Fixing Date of Hearing on 1974 Concrete Paving with Integral Curb Project No. i on 10th St, from Locust St. to Bluff St. and inter- section of 9th & Bluff St., Contract No. 1, Traffic Signals & Signing............................................................... 178 " 1—Resolution No. 110-74 Approval of Preliminary esti• mate proposed plans, specs„ form of Contract, plat and other documents for 1974 Concrete Paving with Integral Curb Project No. 2 on Dodge Street, Ninth St., Eighth St., hill St., University Ave., in- tersection reconstruction............................................... 178 " 1—Resolution No. 11174 Necessity for Improvement for 1974 Concrete paving with Integral Curb Project No. 2................................................................................. 178, 247 INDEX — BOOK 104 1974 SUBJECT Page " 1—Resolution No. 112-74 Fixing Date of Hearing for 1974 Concrete Paving with Integral Curb Project No. 2............................................................................... 179 " 1—Resolution No. 113-74 Approving plat covering 5 foot wide public utility easement in Lot 4 and Lot 5 in Clin-Que Inc. No. 2 Addn......................................... 1—Resolution Flo. 114-74 Agreeing to vacation of plats 180 for purposes of extinguishing the 5' utilities ease- ment in Lot 4 and Lot 5 in Clin-Que, Inc. No. 2 Addn................................................................................. 180 " 1—Resolution No. 115-74 Approving plat covering 5 foot wide utility easement along the South line of the North 30 feet of Lot 4 in Clin-Que, Inc. No. 2 Addn................................................................................. " 1—Resolution No. 116.74 Agreeing for vacation of plat 181 covering 5 foot wide utility easement along the South line of the North 30 feet of Lot 4 in Clin- Que Inc. No. 2 Addn................................................. 181 " 1—Resolution No. 117.74 Granting applications for Class "C" (Commercial) Beer and Liquor License ............. issuance Class 182 " 1—Resolution No. 118-74 Directing the of "C" Beer and Liquor License 182 (Commercial) ............. " 8—Resolution No. 119-74 Authorizing the structure known as 850 Montcrest St., Lot 24, Pleasant View Addn., to be dismantled and removed ..................... 194 " 8—Resolution No. 120.74 Matching Resolution Approving Cash Funds for School Liaison Officer not to ex- ced 21.925% of total project cost ............................. 195 " 8—Resolution No. 121-74 Authorizing Northeast Iowa Area Crime Commission to act in behalf of the City. (School Liaison Officer) .................................... 195 " 8—Resolution No. 122-74 Approving plat of Blocks 13, 15, 16 and 13-A each in "Key Knolls Subdivision." 196 " 8—Resolution No. 123.74 Granting application for Class ..B., Beer Permit......................................................... " 8—Resolution No. 12474 Directing the issuance of Class 198 ,.B,. Beer Permit........................................................... 198 " 15—Resolution No. 125.74 Disposing of interest of Lot "A", a crosswalk between Lot 1 of Lot 6 and Lot 1 of Lot 7, in Dubuque Homes Sub. 2, to Francis P. Raymond for $100.00 plus publication costs and filingfees. ........................................................................ 205 " 15—Resolution No. 126 74 Approving plat of Block 14 in "Sunrise Heights". 206 " 15—Resolution No. 127-74 Granting applications for Class "C" Beer & Liquor License ......................................... 208 " 15—Resolution No. 128.74 Directing issuance of Class 208 "C" Beer & Liquor License........... I ............................ " 15 --Resolution No. 129-74 Granting application for Class ,B„ Beer Permit............................................................. 208 " 15—Resolution No. 130.74 Directing issuance of Class 209 "B" Beer Permit............................................................. " 15—Resolution No. 131-74 Granting application for Class '11111 Beer Permit . ................................... I.................... 211 " 15—Resolution No. 132.74 Directing issuance of Class 211 "B" Beer Permit......................................................... " 15—Resolution No. 133-74 Support for the Proposed Cor- ridor Alignment of Freeway 520 in Dubuque Coun- ty, and requesting the timelycompletion of the proposed improvement togeter with other high priority elements of the Arterial Road System in 211 the Dubuque Metropolitan Area ................................. " 22—Resolution No. 135.74 Directing City Attorney to in- stitute Eminent Domain Proceedings for entering upon certain real estate for purpose of making subsurface soil investigations on Gantz Enterprise Farm and David and Audrey Waller Farm. ........ 217 INDEX — BOOK 104 SUBJECT Page 1974 _. _._--------- 22• No. 134-74 Resolution in response to Draft --Resolution Environmental Impact Statements for the Opera- the Upper Mississippi tion and Maintenance of Nine Foot :Navigation Channel by the U.S. River Corpsof Enginers......................................................... " 22—Resolution No. 136-74 Disposing of interest of Lot 22U 2 of the Sub. of Lot 1 of Lot 2 of Lot 2 of I.ot 1 of Block 5 of "River Front Subdivision No. 3" to Iowa Coaches, Inc. for the price of 40C per square foot................................................................................... " 22 --Resolution No. 137-74 Allowing Wm. C. Brown Co. to l27 Lot 2 of Block 1 of Riverfront Sub. No. 5 for 40¢ square foot ................................. 229 for price of per 22—Resolution No. 138-74 Preliminary approval of plans, specs., form of contract, plat and other documents for construction of 1974 Asphalt Paving Project No. 2, Riverfront Sub. No. 5 on Roosevelt St. Fitt., Kilgore St., Hamilton St . ............................................ 229 " 22—Resolution No. 139.74 Necessity for improvement for 1974 Asphalt Paving Project No. 2 Riverfront Sub. divisionNo. 5................................................................230. 287 " 22—Resolution No. 140.74 Fixing Date of Hearing for 1974 Asphalt Paving Project No. 2 Riverfront Sub- divisionNo. 5................................................................. 230 " 22—Resolution No. 141-74 Approval of Preliminary Esti- mate, proposed plans, specs., form of contract, plat and other documents for construction of Contract 1, Section 2 and 3 construct a sanitary and storm sewer for River Front Sub. No. 5, and Section 3 construct a sanitary sewer from the intersection of Roosevelt St. Extension and Kilgore St. to Du- buque, Marina................................................................. 231 " 22—Resolution No. 142-74 Necessity for Improvement for Contract 1, Section 2 and Section 3, sanitary and storm sewer for River Front Sub. No. 5 and in- tersection of Roosevelt St. Ext. and Kilgore St. to the Dubuque Marina . .................... ................................ 231, 291 " 22 --Resolution No. 143-74 Fixing Date of Hearing for Contract 1, Section 2 and Section 3, sanitary and storm sewer for River Front Sub. No. 5 and in- tersection of Roosevelt St. Ext. and Kilgore St. to the Dubuque Marina . .................................................... 232 " 22—Resolution No. 144.74 Approval of Preliminary Esti mates, proposed plans, specs., form of contract, plat and other documents for construction of Con- tract 1, Section 1 construction of a 10 inch water main for River Front Sub. No. 5 . ............................ 233 " 22—Resolution No. 142-74 Necessity for Improvement for construction of Contract 1, Section 1, construction of a 10 inch water main for River Front Sub. No. 5. 233, 289 " 22—Resolution No. 146-74 Fixing Date of Hearing for con. struction of Contract 1, Section 1, construction of a 10 inch water main for Riverfront Sub. No. 5. .. 233 " 22—Resolution No. 147.74 Approval of preliminary esti- mate,roposed pplans, specs., letter of intent agree and ment all ducuments including all items of material and work required to proceed with receipt of proposals on Phase I1 Waste Nater Treatment, Facilities selection of Centrifuges High Purity Oxygen Generator and Dissolution kquipment and Thermal Conditioning Equipment . ............................ 235 " 22—Resolution No. 148.74 Directing the City Clerk to advertise for proposals for the various items of equipment for the Phase II Waste Water Treatment Facilities . ................................. 236 22—Resolution No. 14974 Granting applications for Class "B" and "C" Beer Permits. ........... I........... 22—Resolution No. 150.74 Directing issuance of Class "B" and "C" Beer Permits . ............. I....................... 236 INDEX —BOOK 104 1974 SUBJECT Page " 22 --Resolution No. 151-74 Granting applications for Class "C" Beer & Liquor License ........................................ " 22—Resolution No. 152-74 Directing issuance of Class Z37 "C" Beer & Liquor License . ............................... I ........ 237 " 22—Resolution No. 153-74 Approving the concept of the proposed Freeway 520 in the vicinity of the City, and urging appropriate state and federal action toward implementation of the Freeway 520 plan. (Rockford, 111. to Waterloo, Ia.)................................ 237 " 22 --Resolution No. 15474 Approving the concept of the proposed Freeway 561 in the victmty of the City, and urging appropriate state and federal action toward implementation of the Freeway 561 flan. (LaCrosse, Wise. to Davenport, Ia.) ........................ 238 " 29—Resolution No. 155.74 Resolution amending Resolu- tion No. 102.74, deleting Stewart Street from the N.P.L. of Delhi St. to the S.P.L. of University Ave., from 1974 Asphalt Paving Project No. 1 ................. 244 " 29—Resolution No. 15&74 Decision of Council upon ob- jections to plans, specifications, form of contract & cost of improvements for 1974 Asphalt Paving Projecti1......................................................................... " 29 --Resolution No. 157-74 Ordering Construction for 1974 245 Asphalt Paving Project No. 1 ..................................... " 29—Resolution No. 158.74 Decision of Council upon ob- 246 jections to plans, specifications, form of contract and cost of improvements for Concrete Paving with Project No. 2.-1974 247 Integral Curb ............................. " 29—Resolution No. 159-74 Ordering Construction for Con- crete Paving with Integral Curb Project No. 2--1974. 248 " 29—Resolution No. 160.74 Approving plat for Block 1 Riverfront Sub. No. 5 and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 1, Block 5, Riverfront Sub. No. 3. 248 " 29—Resolution No. 161.74 Authorizing the publication of of ale of $1,490,000)ca dotes the receeiivingrles 1974)ot(totalingof for the sale of said notes for the Down- proposals town Urban Renewal Project . ................................ " 29—Resolution No. 162-74 Authorizing the execution of 249 a contract for sale of land for private redevelop- ment with R & S Enterprises, Inc ............................. Authorizing the execution and 250 " 29—Resolution No. 163-74 delivery of deed to R & S Enterprises, Inc., for sale of land in the Downtown Urban Renewal Project, Iowa R-15. ..................................................... ... ........ " 29—Resolution No. 164-75 Resolution approving concept system service for goods and per- 251 of modern rail sons in and through the State of Iowa & urging Local action toward appropriate Federal State, and 251 that goal. (AMTRAk)................................................... " 29—Resolution No. 165-74 Expressing condolences to fam- 25' ity and friends of Robert A. Sullivan . .................... " 29—Resolution No. 16&74 Expressing condolences to fam- T. Noonan. 253 ity and friends of William ••...••.••••••• •• " 29—Resolution No. 167.74 Granting Cigarette Permit. ..•• 253 " 29—Resolution No. 168.74 Granting application for Class 254 "C" Beer & Liquor License . ........................................ " 29—Resolution No. 169.74 Directing the issuance of Class 254 "C" Beer & Liquor License........... I ............................. May 6—Resolution No. 170.74 Decision of Council upon ob- contractst of improv plans,ng wind th improvements sfors 974 Concrete 2 Integral Curb Project No. 1, and Contract No. Concrete Paving buildings removal ................. 257 P. C. " 6—Resolution No. 171-74 Ordering Construction for 1974 Integral Curb Project No. 1, Concrete Paving with Contract No. 2 P. C. Concrete Paving Buildings 258 Removal............................................................................. INDEX —BOOK 104 Page 6—Resolution No. 172.74 Decision of Council upon objec- tions to plans, specs., form of contract and cost of with In- improvements for 1974 Concrete Paving No. 1, Traffic Signals and tegral Curb Project 259 Signing............................................................................ " 6—Resolution No. 173.74 Ordering Construction for 1974 Concrete Paving with Integral Curb Project No. 1, Traffic Signals and Signing ......................................... " 6—Resolution No. 174-74 Annexing Lot 2 of 2 of 1 of 260 "DeLuxe Cottage Court" and Lot 2 of 1 of 1 of 1 of 1 of "George Jecklin Farm" . ................................ 263 6—Resolution No. 175-74 Approving the plat of Block 8, Block 9 and Block 10 in Mettel-Bryne Addition. 264 6—Resolution No. 176-74 Approving: Vacation Plat of 10' Utility Easement in Lots 13 and 1-14 in West Side Manor Subdivision......................................................... " 6—Resolution No. 177-74 Signing of Memorandum of 266 Agreement by and between City Manager and Transit Board of Trustees for the City, and the Amalgamated Transit Union, Division 329, AFL- CIO.................................................................................... 6—Resolution No. 178-74 Authorizing Mayor & City 266 Clerk to execute agreement with State Highway Commission for 1974 Cooperative City Traffic Sig- the intersection of U.S. Highway nal Program, at #20 and Grandview Ave . ............................................ 267 " 6—Resolution No. 179-74 Final Estimate for construction of East 4th Street Extension Sanitary Sewer. ...... 267 " 6—Resolution No. 180-74 Accepting Improvement and Directing the Clerk to Publish Notice for con- struction of East 4th Street Extension Sanitary Sewer. " 6—Resolution No. 181.74 Granting applications for Class "C" Beer & Liquor License ......................................... 268 " 6 --Resolution No. 182-74 Directing the issuance of Class "C" Beer & Liquor License ......................................... 268 " 6—Resolution No. 183-74 Approving agreement between City & Chicago, Milwaukee, St. Paul & Pacific Rail- road Co., cutting track area approximately in half and eliminating tract and easement in vicinity of real estate proposed to be sold to Wm. C. Brown Co., original agreement November 4, 1969 . ............ 269 13—Resolution No. 184-74 Approving the concept of cer• tain soil and water conservation facilities in the watershed of the north fork of Catfish Creek and directing the staff in cooperation with the Soil Conservation Service to develop a detailed program of said facilities............................................................. 274 " 13 --Resolution No. 185-74 Matching resolution to provide cash funds for the purchase of Counseling/therapy services from the County Mental Health Center not to exceed 8.78% of total projects. cost . .................... 278 " 13—Resolution No. 186-74 City Authorizing Northeast Iowa Crime Commission to act in its behalf in the receipt, deposit and dispersal of Federal Funds received from the Iowa Crime Commission, for counseling/ therapy services from County Health MentalCenter................................................................. 278 " 13—Resolution No. 187-74 Authorizing the execution and filing of an application for a comprehensive Plan. ning Assistance Grant (701 Program) ........................ 279 " 13—Resolution No. 188-74 Granting Cigarette Permit. .... 279 " 13—Resolution No. 189-74 Granting Applications for Class "B" Beer Permit . ................................................ 279 " 13—Resolution No. 190-74 Directing issuance of Class "B" Beer Permit . .................... I ........ I ... ........................... 280 " 13—Resolution No. 191.74 Granting applications for Class "C" Beer & Liquor License ......................................... 280 INDEX —BOOK 104 1974 - SUBJECT Page " 13—Resolution No. 192.74 Directing the issuance of Class "C" Beer & Liquor License . ........................................ 280 " 20—Resolution No. 193-74 Decision of Council upon ob- jections to plans, specs., form of contract and cost of improvements for 1974 Asphalt Paving Project No. 2, Riverfront Subd. No. 5 . ............................ 288 " 20—Resolution No. 194-74 Ordering Construction for 1974 Asphalt Paving Project No. 2, Riverfront Subdivi- sionNo. 5......................................................................... 288 " 20—Resolution No. 195-74 Decision of Council upon ob- jections to plans, specs., form of contract and cost for River of improvements for 10" Water Main FrontSub. No. 5............................................................. 289 " 20—Resolution No. 196-74 Ordering Construction on 10" Water Main for River Front Sub. No. 5 ................. 290 " 20—Resolution No. 197-74 Decision of Council upon objec- tions to plans, specs., form of contract and cost of improvements for Construction of a sanitary and storm sewer for River Front Subd. No. 5 from the intersection of Roosevelt St. Ext. and Kilgore St. to DubuqueMarina............................................................. 291 " 20—Resolution No. 198.74 Ordering Construction of a No. sanitary and storm sewer for River Front Subd. 5 and from the intersection of Roosevelt St. Ext. and Kilgore St. to DubuqueMarina......................... 292 " 20—Resolution No. 199-74 Acceptingdelivery of deed from Warsaw Brewing Corp. or Lot 2 of Lot 12 of Central Addition . .................................................... 292 " 20—Resolution No. 200.74 Granting applications for Class ..B.. & 64C" Beer Permits . ............................................ 293 " 20—Resolution No. 201-74 Directing issuance of Class .,B" & "C" Beer Permits . ............................................ 293 " 20—Resolution No. 202-74 Granting applications for Class "C" Beer & Liquor License ..................... ................ . 293 " 20—Resolution No. 203-74 Directing issuance of Class "C" Beer & Liquor Incense ......................................... 293 " 28—Resolution No. 20474 Approving delivery of deed of Lot 2 of Lot 1 of Henry Ziegler Sub. as conveyed by Marie Mulgrew et al. (corner of Asbury & J.F.K.) " Contract 1974 298 28—Resolution No. 205-74 Awarding of Asphalt Paving Project No. 1 to Mulgrew Blacktop Co....................................................................................... 299 " 28—Resolution No. 206-75 REORDERING Construction for 1974 Concrete Paving with Integral Curb Project No. 2 . ......................................................................... 300 " 28—Resolution No. 207-74 Approving the DeLeuw, Cather & Co. "Short -Range Transit Planning Study" as pre- by the Dubuque Transit Board of Trustees. 300 sented " 28—Resolution No. 208-74 Stating an Intent to reexamine Land Use Pians and Regulatory Policies now in Force in an area known as the E. 4th St. Peninsula Area and Directing the Manager to action toward revision of said plans and policies.............................301, 346 " 28—Resolution No. 209-74 Establishing a Moratorium on the issuance of building permits with the area de- scribed as "the East Fourth Street Peninsula, being an area bounded on the south by the Dubuque Ice Chicago- Harbor on the west by the tracks of the MilwaAee and St. Paul Railroad, on the northwest by Ninth Street and Kerper Boulevard, on the northeast by Dove Harbor and on the east by the Mississippi River"; establishing the duration of said Moratorium; and setting forth such purposes as shall be served thereby . ........................................ 30.. " 28—Resolution No. 210.74 Granting Cigarette Permits..... 303 " 28—Resolution No. 211-74 Granting application for Class "B" Beer Permit......................................................... " 28—Resolution No. 212.74 Directing issuance of Class 303 "B" Beer Permit......................................................... 303 INDEX — BOOK 104 1974 SUBJECT __ __ _ - -------- -- i474 Page -- 28—Resolution No. 213-74 Granting applications for Class 303 "A" & "C" Beer & Liquor Licenses . ..................... . " 28—Resolution No. 214-74 Directing issuance of Class 304 "A" & "C" Beer & Liquor Licenses. ........................ June 3—Resolution No, 215-74 Council urging Amtrak's de- velopment of the Burlington Northern from Chi- cago to the Twin Cities ................................................. " 3—Resolut.ion No. 216-74 Schedule of Assessments for 307 East 4th Street Extension Sanitary Sewer ................. 311 " 3—Resolution No. 217-74 Providing for the issuance of sewer bonds for the purpose of providing for the payment of the assessed cost of City of Du- buque 1973 East 4th St. Ext. Sanitary Sewer, in 313 amount of $10,000.00..................................................... 3—Resolution No. 218-74 Authorizing Sale, issuance and Delivery of Project Notes in the Aggregate Princi- pal Amount of $1,490,000. and the execution of Requisition Agreement No. 3-74 in connection with Downtown Urban Renewal Project, Project No. Iowa, R-15........................................................................ " 3—Resolution No. 219-74 Disposing of interest of Lot 2 315 of Block 1 of River Front Sub. No. 5 (3.6371 acres) Wm. C. Brown Publishers for 40¢ per sq, foot. 317 " 3—Resolution No. 220-74 Awarding Contract for Con- crete Paving with Integral Curb Project No. 1- 10th St. from Locust St. to Bluff St. and inter- section of 9th & Bluff Sts., Contract No. 2 P. C. Concrete Paving & Bldgs, removal to Tri- State PavingCo......................................................................... 319 3—Resolution No. 221-74 Awarding Contract for Con- crete Paving with Integral Curb Project No. 1- 10th St. from Locust St, to Bluff St. and intersec- tion of 9th & Bluff Sts., Contract No. 1, Traffic Signals and Signing to Moldt Electric Serv. ........ 319 " 3—Resolution No. 222.74 Granting Cigarettes Permits. 320 " 3—Resolution No. 223-74 Granting applications for Class „C" Beer Permits......................................................... 320 " 3—Resolution No, 224-74 Directing issuance of Class „C" Beer Permits......................................................... 320 " 3—Resolution No. 225.74 Granting application for Class "C" Beer & Liquor License ... ... ... ........................ I...... 321 " 3—Resolution No. 226-74 Directing issuance of Class "C" Beer & liquor License .............................. I......... 321 5—Resolution No. 227-74 Matching resolution providing cash funds for year 1974 for Communications Equip. & Consultants Services in amount of $12,123.13......................................................................... 323 " 5—Resolution No, 228-74 Authorizing Northeast Iowa Crime Commission to act in behalf of City for receipt, deposit and dispersal of Federal Funds on City -County Law Enforcement Center . .................... 324 " 10—Resolution No. 229.74 Approving the City's Narrative Affirmative Action Program . .................................... 331 " 10—Resolution No. 230-74 Approving the plat of Block 4 "Knob and Block 5 of Hill" Subdivision. (Regina DugganTrust).................................................................. 331 " 10—Resolution No. 231-74 Approving applications of the provisions of Section 23 of the United States Mous• ing Act of 1937, as amended to the City of Du. buque, Iowa.................................................................... 333 " 10—Resolution No. 232.74 Authorizing and directing the submission of an application for a low -rent housing program under Section 23 of the United States Housing Act. of 1937, as amended . ............................ 333 " 10—Resolution No. 233-74 Authorizing the Mayor to sign his acceptance of a cooperative agreement between the City, the Dubuque County Metropolitan Area Planning Comm. and the Iowa State Highway INDEX — BOOK 104 ----'— — -- SUBJECT 1974 — -- — -- Page __ ---- Comm., providing for major activities and steps necessary for conducting a feasibility study of toll bridges............................................................................... 334 " 10 --Resolution No. 23474 Affirming the 1990 Transporta- tion Plan for the Dubuque Metropolitan Area, as an acceptable framework for the further planning of Arterial Roadway Improvements in the City of Dubuque........................................................................... " 10—Resolution No. 235-74 Granting Cigarette Permits..... 335 336 " 10—Resolution No. 236-74 Granting applications for Class „B„ & .,C„ Beer Permits . ............................................ 336 " 10—Resolution No. 237.74 Directing issuance of Class 337 ,.B,• & .,C„ Beer Permits . ........ ........ I........................... " 10—Resolution No. 238-74 Granting application for Class 'Y" Beer & Liquor Licenses ............ I ........ I ................... 337 " 10—Resolution No. 239-74 Directing issuance of Class 337 -Cl' Beer & Liquor Licenses ......................................... " 17—Resolution No. 2.10-74 Expressing condolences to fam- ily & friends of Harry W. Wahlert. ........................ 339 17 --Resolution No. 241-74 Accepting a proposed scope of work for an East Fourth Street Peninsula Develop- ment Study and authorizing such study to proceed to Gruen and Associates in amount not to exceed $10,750. plus $3500 if necessary . ......................... I ...... 347 17—Resolution No. 242-74 Awarding Contract for Asphalt Paving Project No. 2 River Front, Subd. No. 5 to Mulgrew Blacktop Co ..................................................... 347 " 17—Resolution No. 243.74 Awarding Contract for 10" Watermain and Sanitary and Storm Sewer for Riv- erfront Subd. No. 5. to Stewart Const. Co. .. 348 17—Resolution No. 244-74 Authorizing the Advertising of Bids for the Demolition and Site Clearance of Parcel 15-4 in the Downtown Urban Renewal Proj- ect, Iowa R-15................................................................. " 17 -•Resolution No. 245.74 Awarding contract to Flynn 349 Company for construction of 9th, Hill, University and 8th St. intersection only, delete Dodge & 350 Grandview intersec!ion................................................ " 17—Resolution No. 246-74 Granting Cigarette Permits..... 351 " 17—Resolution No. 247-74 Granting application for Class 352 „C" Beer Permit . ......................................... I.................. 17—Resolution No. 248-74 Directing issuance of Class 352 „C" Beer Permit . ........................................ I................... " 17—Resolution No. 249-74 Granting application for Class, "C" Beer & Liquor License . ........................................ 353 " 17—Resolution No. 25074 Directing issuance of Class 353 "C" Beer & Liquor License . ........................................ " 28—Resolution No. 251-74 Granting Cigarette Permits..... 355 " 28—Resolution No. 252-74 Granting application for Class 356 .,B„ Beer Permit........... I ................................................. " 28—Resolution No. 253.74 Directing issuance of Class 356 „B" Beer Permit. ..................................... " 28 ---Resolution No. 254-74 Granting applications for Class "C" Beer & Liquor Licenses . ....................................... " 28—Resolution No. 2.55.74 Directing issuance of Class 357 "C„ Beer & Liquor Licenses ......................................... 357 July 1--Resolutiond5esAuthorizing City sign documents, make application and Manager provide the local share of funding for continued opera- tion of the Youth Services Project from 7.1-74 thru 6.30.75. ............................................................................. 366 1—Resolution No. 257-74 Resolution placing into effect certain traffic and parking ebanaev within a por- tion of Washington Street Neighborhood for a 387 period not to exceed 90 days . .................................... " 1—Resolution No, 258-74 Accepting work performed un- der Demolition Contract No. 1-72 for the Downtown 388 LJrban Renewal Project, Iowa R-15 . ....................... INDEX — BOOK 104 1974 SUBJECT Page " ]—Resolution No. 259-74 Approving and accepting War- Place ranty Deed conveying Lot 2 of 2 of Powers 368 in the City ..................................................................... ar " 1—Resolution No. 260-74 Approving the plat of "Cmel Heights" ' ' ' '9 No. 261-74 Authorizing the Mayor and City " 1—Resolution Clerk to execute an Engineering Services Agree- ment with the firm of HD&R to evaluate and for the dis- recommend supplementary processes 370 posal of solid waste......................................................... " 1—Resolution No. 262-74 Adopting Statement of Goals for the Affirmative Action Program for the City of Dubuque. (REVISED) ................................................ " 1—Resolution No. 263-74 Granting Cigarette Permits..... 371 373 " 8—Resolution No. 264-74 Authorizing the Mayor to ex- ecute a "Letter of Intent" to certain major equip- ment suppliers for the Phase II waste Water 379 Treatment Facility......................................................... " 8—Resolution No. 265-74 Designating A. G. Heitzman as authorized official to execute in behalf of City, to obtain certain Federal financial assistance under Disaster Relief Act (Public Law 93288. 91st Con- gress ). .......................................................... " 8—Resolution No. 266-74 Authorizing the execution of 380 Demolition Contract No. 1-74 for the Downtown Urban Renewal Project. Iowa R-15, at cost not to exceed $4,500,00. to F. N. Smith Const. & K. W. GaberConst. Co............................................................. 380 " 8—Resolution No. 267-74 Granting Cigarette Permits..... 381 " 8—Resolution No. 268-74 Granting Class "C" (Commerc- ial) Beer & Liquor applications . ................................ 381 " 8—Resolution No, 269-74 Directing the issuance of Class "C" (Commercial) Beer & Liquor . ............................ 382 " 15 --Resolution No. 270.74 Disposing of interest of that portion of vacated Maple Street lying between the north curb line of East 16th Street to the south curb line of East 17th Street to Dubuque Packing Co. for $1800.00............................................................ 389 " 15—Resolution No. 271.74 Granting Cigarette Permits. ... 390 " 15—Resolution No. 272-74 Granting Class "C" Beer & Liq. uorapplications............................................................. 390 " 15—Resolution No. 273-74 Directing issuance of Class "C" Beer & Liquor License . .............................................. 390 " 15—Resolution No. 274-74 Granting Class "B" Beer Per- mitapplications............................................................. 391 15—Resolution No. 275-74 Directing issuance of Class "B" BeerPermits................................................................. 391 " 22—Resolution No. 276-74 Authorizing the execution of a Certificate of Completion for Thomas F. Leibold. 395 " 22 --Resolution No. 277-74 Authorizing the execution of a Certificate of Completion for The First National Bank of Dubuque........................................................... 395 " 22—Resolution No. 278-74 City of Dubuque does formally go on record requesting the Legislature of the State of Iowa to adopt a motorcycle helmet law for the State of Iowa ..................................................... 396 " 22—Resolution No. 279.74 Approving "Westchester" in the City of Dubuque............................................................. 396 " 29—Resolution No. 280-74 Final Estimate for West 8th Street Retaining Wall Reconstruction 1973. ........ 404 " 29—Resolution No. 281.74 Accepting Improvement for the construction of West 8th Street Retaining Wall Reconstruction..................................................... 405 " 29—Resolution No. 282-74 Preliminary estimate, proposed plans, specs, form of contract for the construction of and repair of Storm Sewer on 24th Street (between Jackson & Washington Sts.) . ................... 405 INDEX —BOOK 104 197 SUBJECT Page " ?A -_Resolution No. 283.74 Necessity for Improvement for the repair of storm sewer on 24th St. (between Jackson and Washington Streets).............................405, 463 " 29—Resolution No. 284-74 ordering Construction for the repair of Storm Sewer on 24th Street (between Jackson and Washington Streets) . ............................ 406 " 29 --Resolution No. 285-74 Fixing Date of Hearing for the repair of Storm Sewer on 24th Street between Jackson & Washington Sts.) ........................................ 406 29 --Resolution No. Drives " 7ury ving Driiveschedule aa nts fo Centt Bies 8 SanitarySewer................................................................. " 29—Resolution No. 287-74 Preliminary estimate, proposed 407 plans, specs, form of contract and plat for construc. tion of Century Drive and Bies Drive 8" Sanitary Sewer. ............ .................................................................. 29—Resolution No. 288-74 Necessity for Improvement for 407 construction of Century Drive and Bies Drive 8" SanitarySewer................................................................. 407, " 29—Resolution No. 289.74 Fixing Date of Hearing for con- 465 struction of Century Drive and Bies Drive 8" San- itary Sewer,................................................................... " 29—Resolution No. 290-74 Granting Cigarette Licenses..... Class"CotBeer & 408 408 " 29—Resolution No. 29174 Granting 409 Liquor License applications ......................................... " 29—Resolution No. 292.74 Directing issuance of Class "C" Beer & Liquor Licenses ................................................. Aug. 5—Resolution No. 293-74 Authorizing an Extension of 409 time in which R. Hampton and Co. Inc. is to com- mence construction on certain land in the Down- town Urban Renewal Project, Iowa R-15 ................. 411 " 5—Resolution No. 294-74 Approving disposition of Lot 153 in Lenox Addn. on a sealed bid proposal basis and directing Clerk for a price not less than $3000• topublish notice......................................................... " 5—Resolution No. 295-74 Approving plat of the Sly 83/4" Block 6 in Dubuue 418 of Ely 53' 83/4,1 of Lot 4 of 419 DowntownPlaza............................................................ " 5—Resolution No. 296-74 Grantng Cigarette Licenses..... "B" & "C" Beer 419 " 5—Resolution No. 297-74 Granting Class 419 Permits............................................................................. " 5—Resolution No. 298.74 Directing issuance of Class "B" 420 & „C„ Beer Permits . .................................................... 299-74 Approving Matching resolution " 5—Resolution No. in the amount of $9,182.75 for the establishment of Joint Communications Center, ullifying resolution No. 227-74 passed on 6.5-74 . .................................... 420 12—Resolution No. 300-74 Granting Class "C" Beer & Liquor License application . ........................................ 431 " 12—Resolution No. 301-74 Directing the issuance of Class 431 "C" Beer &Liquor License ........................................ " 12—Resolution No. 302.74 Granting Cigarette Licenses..... 432 " 19—Resolution No. 303-74 Granting Cigarette Licenses..... 437 " 19—Resolution No. 304-74 Granting Class "C" Beer Permit 437 application. ................... ................................................... " 19—Resolution No. 305-74 Directing issuance of Class "C" BeerPermit......................................................... " 19—Resolution No. 306.74 Confirming the appointment of 438 Charlotte Kelly and Douglas Pearce to the Low - Commission of the City of Dubuque, Rent Housing 438 Iowa. ........................................ .......................................... 26—Resolutiongg e execution 307-74 a ThGranlu dfortheodesign, Contract Pulo. fabrication and installation of a piece of sculpture entitled "Continuum" in the Downtown Urban Re- Project, Iowa R-15, at a cost not to exceed newal $27,000............................................................................... 446 INDEX_— BOOK_ 104 SUBJECT 1974____. — Page - 26—Resolution R & S Enterprises on Sly 8 Quit of the Claim 531- from of Lot 3 of Block 6 in Dubuque Downtown for Plaza and directing the payment of $98.55 447 ...................................... said real estate. •........ ...' " 26—Resolution No. 309-74 Calling an election on the pro- issuing bonds to an amount not exceed- position of ing $2,500,000. for a recreation building ................. 447 " 26—Resolution No. 310-74 Granting Class "C" Beer & 451 Liquor License applications ......................................... Directing issuance of Class "C" " 26—Resolution No. 311-74 452 Beer & Liquor License . ................................................ " 26 No. 312-74 Granting Class "C" & "B" Beer --Resolution Permits. ......................... ............................................ . " 26—Resolution No. 313-74 Directing issuance of Class "B" 452 & „C" Beer Permits . .................................................... " 26—Resolution No. 314.74 Confirming the appointment 452 of Donald R. Meyers and Virginia M. Perry as the Low -Rent Housing Commission of members of the City of Dubuque, Iowa . ....................................... 453 Sept. 3 --Resolution No. 315-74 Approving the Gantz site as a proposed Sanitary Landfill Site . ................................ 456, 457 " 3—Resolution No, 316.74 Approving of sale of vacated portion of alley running from N.P.L. of Cherry Street to S.P.L. of 1st alley south of Green Street abutting Lot 1 of 208 of Finley's Addition to Her. bort Heitzman for $200 ................................................ 460 " 3 ---Resolution No. 317-74 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements for repair of Storm Sewer on 24th St. (between Jackson & Washington Sts.) ........ 462 " 3—'Resolution No. 318-74 Awarding Contract for Repair of Storm Sewer on 24th Street (between Jackson & Washington Streets) to Tschiggfrie Excavating. ... 463 " 3—Resolution No. 319-74 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements for the. Century Drive & Bics Drive 8 inch Sanitary Sewer ......................................... 464 " 3—Resolution No, 320.74 Ordering Construction for Cen• tury Drive & Bies Drive 8 inch Sanitary Sewer..... 465 " 3—Resolution No. 321-74 Annexing Lot 2 of SE 4 of SE's of Sec. 34 T89N R2E 5th P.M. (14.6 acres approx.) to City. (Henschel) ....................................... ............. 4466 " 3—Resolution No. 822-74 Annexing Lot 2 of Lot 1 of NW 1/4, NW Frac't. 1/4 See. 2. T88N R2E 5th P.M. and Lot 2 of Lot 1 of Lot 1 of NEY4, NW Fract' 1/4 Sec. 2, T88N R2E 5th P.M. (containing 1.261 acres acres approx.) to City. (Henschel) ............................ 467 " 3—Resolution No. 323-74 Granting Class "C" Beer Permit application. .............................................. 468 " 3—Resolution No. 324-74 Directing issuance of Class "C" BeerPermit..................................................................... 468 " 3—Resolution No. 325.74 Granting Class "C" (Commercial) Beer & Liquor License applications . ........................ 469 " 3—Resolution No. 326-74 Directing issuance of Class "C" (Commercial) Beer & Liquor Licenses . ................... 469 " 9 ---Resolution No. 327-74 Approving Plat of "F.D.R. Park View Heights" in Section 3, Table Mound Town- ship, Dubuque County, Iowa . ........................ 475 " 18—Resolution No. 328-74 Final Estimate for the Tnwn Clock Plaza, Phase II, Section 1 Downtown Urban Renewal Project Iowa R-15 . ........................................ 480 " 16—Resolution No. 329-74 Resolution Accepting Improve- ment for the Town Clock Plaza, Phase II, Section 1 Downtown Urban Renewal Prnject Iowa R-15..... 480 " 16—Resolution No. 330-74 Directing Class "C" Beer & Liquor License application . .................................... 481 " 16—.Resolution No. 331.74 Directing the issuance of Class "C" Beer & Liquor License . .................................... 481 INDEX -BOOK 104 1974 SUBJECT Page " 23 --Resolution No. 332-74 Annexing "Waechter Place in Center Grove in Dubuque Township" (Containing 1.936 acres) to City of Dubuque. (Yiannias) ............ 486 " 23 --Resolution No. 333.74 Approving plat of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lt 1 of Lot No. 28 in Sec. 2, Twp. 89 North, Range 2 E. of 5th P.M.—"Chas, E. Eickert Subdivision"..................................................................... 487 " 23—Resolution No. 334-74 Granting Class "B" do "C" Beer Permits applications . ........................................ 483 " 23—Resolution No. 335-74 Directing the issuance of Class „B., & „C„ Beer Permits ............................................. 488 " 23—Resolution No. 336-74 Granting Class "C" Beer & Liquor applications ...................................................... 489 ' 23—Resolution No. 337-74 Directing the issuance of Class "C" Beer & Liquor Licenses . ............................. I., ...... .. 489 " 23 --Resolution No. 338-74 Council formally going on rec. ord urging all the electors of the City to vote their to be held on convictions at the Special election Sept. 24, 1974, and the Recreation building as designed and framed in terms of implementing the growth and development of the City ............. 489 overall " 30—Resolution No. 339.74 Authorizing the City Manager to cause the structure at 759 Hill St., Lots 19 and 20 of Rogers Sub., owned by Julien improvement Co., to be dismantled and removed ......................... 498 " 30—Resolution No. 340.74 Awarding Contract for Century Drive & Bies Drive 8 inch Sanitary Sewer to Tschiggfrie Excavating Co . ........................................ 499 " 30—Resolution No. 341-74 Approving Plat of the Sub- River Front Sub- division of Lot 4 of Block 1 of division No. 5 in the City of Dubuque, Iowa......... 300 " 30—Resolution No. 342.74 Approval of preliminary esti- mates, proposed plans, specifications, form of con. tract, and all other documents for the construction of: Phase H—Waste Water Treatment Facilities— ContractIV . ............ I ...................................... ................. " 30—Resolution No. 343.74 Necessity for Improvement for 502 construction of Phase II—Waste Water Treatment Facilities—Contract IV . ...............................................502, 545 " 30—Resolution No, 34474 Fixing Date of Hearing for Phase 11 — Waste Water Treatment Facilities — ContractIV..................................................................... " 30 --Resolution No. 345-74 Granting Cigarette Licenses..... 503 504 " 30—Resolution No. 346-74 Granting Class "C" Beer Per. mitapplication................................................................. " 30—Resolution No. 347-74 Directing the issuance of Class 504 "C" Beer Permit............................................................. " 30—Resolution No. 348-74 Granting Class "C" Beer & 504 Liquor License applications . ........................................ 504 " 30—Resolution No. 349-74 Directing the issuance of Class "C" Beer & Liquor Licenses ......................................... 505 Oct. 7—Resolution No. 350-74 Participating with the Iowa State in implementation of Mini - Dept. of Public Safety ASAP Program and City to provide $2,550. In -Kind LocalMatch..................................................................... No. 351-74 tte License 509 A " 14—Reolutlon No. 352.74 Approon ving saleeof Lot Lot 4 "Riverfront Subd. No. 5" in the City of Block 1 of of Dubuque, containing approx. 6, 180.74 sq, ft., .14 acres more or less, for purchase price of 48 cents per sq. ft . ....................................................................... " 14—Resolution No. 353-74 Approval of Preliminary Esti- 515 mate of proposed plans, specs., Form of Contract to complete the Cedar Street Lift Station Valve And Sluice Gate Madifications - 1974 ......................... 516 " 14—Resolution No. 354-74 Necessity for Improvement for Cedar Street Lift Station Valve And Sluice Gate Modifications - 1974 . ....................................................518, 555 INDEX — BOOK 104 1974 SUBJECT Page " 14—Resolution No. 355-74 Fixing Date of Hearing for Ced- Lift Station Valve And Sluice Gate Mod- ar Street ifications- 1974............................................................. " 14—Resolution No.356.74 Granting Class "C" and "B" cations 517 517 Beer & Liquor License app . ........................ 14—Resolution No. 357-74 Directing the issuance of Class "C" & "B" Beer Liquor Licenses . ............................ 518 " 14 --Resolution No. 358-74 Granting Class "C" Beer Permit application....................................................................... " 14—Resolution No. 359-74 Directing the issuance of Class 518 .,C„ Beer Permit......................................................... " 14—Resolution No. 360-74 Granting issuance cf Cigarette 518 Licenses............................................................... ............:: " 14—Resolution No. 361-74 Expressing condolences to fam 519 ily and friends of Joseph W. Clark ........................... 519 " 28—Resolution No. 362-74 Resolution Approving the plat of Block 9 in "Thomas Farm Addition" in the City of Dubuque, Iowa. (Henschel) ............................ 533 28—Resolution No. 363.74 Resolution Approving the plat of Lots 1-13 inclusive all in West Ridge Addition in the City of Dubuque, Iowa. (Delbert Miller) .... 534 28—Resolution No. 364-74 Approving of sale of Lot 11 in "Watter's Subd." of part of Wooten's Addition in the City of Dubuque to Charles Hemmer in amount of$2500............................................................................ 536 " 28—Resolution No. 365.74 Board of Park Commissioners, owners of Lot 2 of Lot 1 of Lot 1 of Eagle Point View exchanging for Lot 2 of Eagle Point View owned by John V. Meehan & Naomi R. Meehan. 536 28—Resolution No. 366-74 Final Estimate for Repair of Storm Sewer on 24th Street between Jackson & WashingtonSts............................................................. 537 " 28—Resolution No. 367-74 Itesolution Accepting Improve- ment for the Repair of Storm Sewer on 24th Street between Jackson & Washington Streets ..................... 537 " 28—Resolution No. 368-74 Endorsement of the Bicenten- nial Symbol Open Competition sponsored by the Dubuque Jaycees......................................................... 525 " 28—Resolution No. 369-74 Awarding Contract for the Du- buque County/City of Dubuque Law Enforcement Communication System to Motorola, Inc . ................ 538 28—Resolution No. 370-74 Granting Class "C" Beer Permit applications..................................................................... 539 " 28—Resolution No. 371-74 Directing the issuance of Class „C„ Beer Permits......................................................... 539 " 28—Resolution No. 372-74 Granting Class "C" Beer & Liquor License applications ......................................... 539 " 28—Resolution No. 373-74 Directing the issuance of Class "C" Beer & Liquor Licenses . .................................... 540 Nov. 4—Resolution No. 374-74 Authorizing an Extension of Time in which R. Hampton and Company, Inc. is to Commence Construction on Certain Land in the Downtown Urban Renewal Project, Iowa R-15 . ........ 541 " 4—Resolution 375-74 Authorizing the Advertisin for Receipt Proposals by of Dept, of Community ] evel- opment, for Development of Privatelv Owned Hous- ing Pursuant to Section 23 of the U.S. Housing Act of 1937, as amended . .................................................... 544 " 4—Resolution No. 37&74 Final Estimate for the Central Business District Traffic Signal System Improve- mentProject................................................................... 545 " 4—Resolution No. 377-74 Resolution accepting improve- ment for the Central Business District Traffic Sig- nal System Improvement Project . ............................ 546 " 4—Resolution No. 378-74 Granting issuance of CIgar- ettePermits..................................................................... " 4—Resolution No. 379-74 Granting Class "B" Beer Permit 546 applications..................................................................... 546 INDEX —BOOK 104 1974" 4—Resolution No. 380-74 Directing the issuance of Class 547 „B„ Beer Permits . ........................................................ " 4—Resolution No. 381-74 Granting Class "C" Beer & 547 Liquor License application . ........................................ " 4—Resolution No. 382.74 Directing the issuance of Class "C" Beer & Liquor Licenses ......................................... " 4 --Resolution No. 383.74 A Resolution approving the Al- 547 ternate "railroad" Alignment of the Proposed 548 Dubuque Downtown Freeway . ................................ " 25—Resolution No. 38474 Resolution Authorizing the Filing of an Application with the Department of America, for a Transportation, United States of Grant under the Urban Mass Transportation Act of 1964, as amended . .................................................... " 18—Resolution No. 384-74-A Ordering Construction for 576 Cedar Street Lift Station Valve And Sluice Gate Modifications - 1974 . .................................................... " 18—Resolution No. 385-74 Awarding Contract for the Gate 556 Cedar Street Lift Station Valve and Sluice 557 Modifications, 1974, to Fondell & Sons Inc. ... " 18—Resolution No. 386-74 Resolution approving the plat in Timber of Block 1Block 2 and Block 3, each 558 Ridge Addition. (Henschel) .......................................... " 18—Resolution No. 387-74 Resolution Authorizing Mayor Consent Order with to execute an Amendment to Iowa Water Quality Commission and directing the City Manager and Staff to proceed with the 559 Waste Water Treatment Program ............................. " 18—Resolution No. 388-74 Authorizing City Manager to Census to con- sign contract with U.S. Bureau of 580 duct a special census of the City in 1975. ... 1118—Resolution No. 389.74 Approving delivery of Roadway for a 20' right of way for Lot 1 of 1 of 1 easement of Lot 10 and Lot 2 of 1 of 1 of Lot 10 In Rosedale Addn. No. 2. (Extension of Glen Oak St: Willmes) 561 " 18—Resolution No. 390-74 Approving delivery of Roadway easement for a 18' right of way over the north east 16' of Lot 2 of Rosedale Addn. No. 2. (Extension 561 of Glen Oak St. - Willmes)........................................ " 18—Resolution No. 391-74 Endorsing the proposed expan- sion of WSUI-FM service in eastern Iowa and urg- ing favorable approval by the U.S. Department of Health, Education and welfare to the University 562 of Iowa's request............................................................. " 18—Resolution No. 392.74 Resolution of Final Estimate for construction of Century Drive-Bies Drive San- itarySewer.................................................................... ' 18—Resolution No. 393-74 Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice for the construction of Century Drive-Bies Drive San- 583 itarySewer.................................................................... " 18—Resolution No. 39474 Final Estimate for the Sanitary Sewer and Storm Sewer for Riverfront Subdivision No. 5 Contract I -Section 2; Roosevelt St. Extension, 583 Kilgore Street, and Hamilton Street Extension.... " 18—Resolution No. 395.74 Resolution Accepting Improve- Storm Sewer for ment for the Sanitary Sewer and Riverfront Subdivision No. 5 Contract 1 -Section 2. 564 " 18—Resolution No. 396.74 Final Estimate for the 10" Riverfront Subdivision No. 5 Con. Watermain for tract 1 -Section 1; Roosevelt St. Ext., Kilgore St., 564 andHamilton St. Ext ..................................................... " 18—Resolution No. 397-74 Resolution Accepting improve- for the Riverfront ment for the 10" Watermain Subdivision No. 5 Contract 1 -Section 1 . ................... 565 " 18—Resolution No. 398-74 Granting Cigarette License. .... " 18—Resolution No. 399-74 Granting Class "C" Beer Per- 565 ...................................... mit application ........•.."""""""" INDEX —BOOK 104 1974 SUBJECT --------per " 18—Resolution No. 400-74 Directing the issuance of Class ,.C„ Beer Permit..................................I........................ 566 " 18 --Resolution No. 401-74 Granting Class "C" (Commer- cial) Beer & Liquor License applications ................. 566 " 18—Resolution No. 402-74 Directing the issuance of Class "C' (Commercial) Beer & Liquor Licenses . ............ 567 Resolution No. 403.74 NUMBER NOT USED. " 25 --Resolution No. 404-74 Resolution Awarding Construc- tion Contract to Low Bidder for Construction of Phase II Waste Water Treatment Facilities, Con- tractLV............................................................................ 574 " 25—Resolution No. 405-74 Resolution to fix a date of meet- ing at which it is proposed to take action for the issuance of $2,000,000. Sewer Bonds . ................ 575 25 --Resolution No. 406-74 Resolution providing for the advertisement of $2,000.000 Sewer Bonds ................. 576 25 --Resolution No. 407.74 Resolution annexing territory located on Rockdale Road known as "Jungwirtb s Morocco in Dubuque. County, Iowa" to the City..... 577, 578 " 25 ----Resolution No 408-74 Granting Class "C" Beer & Liquor License applications . .................................... " 25—Resolution No. 4Q9.74 Directing the issuance of Class "C" Beer & Liquor Licenses ......................................... 25—Resolution No, 410.74 Granting Class "B" and "C" Beer Permit applications . ............................................ 25—Resolution No. 411-74 Directing the issuance of Class "B„ & "C" Beer Permits . ............................................ Dec. 2—Resolution No. 412-74 Disposing of interest and ap- proving of sale of Lot 11 in "Watter's Subdivision" of part of Wooten's Addition in the Citv of Du- buque, to Charles Hemmer in amount of $2.500.00. 2—Resolution No. 413-74 Approving of disposal of inter- est in Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City to John V. Meehan and Naomi R. Meehan in EXCHANGE for Lot 2 of Eagle Point Viewin the City............................................................. 2—Resolution No. 414-74 Matching Resolution to provide funds for Area Administration for the N.E. Iowa Area Crime Commission in amt. of $R32.25. ........ 2—Resolu1on No. 415.7.1 Granting Cigarette License. .. " 2—Resolution No. 416-74 Granting Class "C" Beer Permit applications..................................................................... 2—Resolution No. 417-74 Directing the issuance of Class "C„ Beer Permits......................................................... 2—Resolution No. 418.74 Granting Class "C" Beer & Liq- uor license application . ................................................ " 2--Re5olution No. 419-74 Directing the issuance of Class "C" Beer & Liquor License ......................................... " 9—Resolution No. 420.74 Authorizing an Extension of the Advertising Period for Receipt of Proposals for the Development of Privately Owned Housing in accordance with the regulations of U.S. Depart- ment of Housing & Urban Development ................. " 9—Resolution No. 421-74 Final Estimate for the 1973 Concrete Sidewalk Program . .................................... 578 578 579 579 583, 583 " 9—Resolution No. 422-74 Resolution accepting improve- ment and Directing the Clerk to Publish Notice on the completion of 1973 Concrete Sidewalk Program. 9—Resolution No. 423.74 Final Estimate for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1, Tenth St. from Locust St. to Bluff St. and intersection of Ninth & Bluff Streets, and Contract No. 2 P,C, Concrete Paving and Build- ingsRemoval................................................................. 9—Resolution No. 424-74 Resolution Accepting Improve- ment for City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1, Tenth Street 585 585 586 586 586 587 587 592 593 593 594 INDEX -BOOK 104 1974 SUBJECT from Locust St. to Bluff St. and intersection of Ninth & Bluff Streets, Contract No. 2 P.C. Concrete Paving and Buildings Removal . ................................ " 9—Resolution No. 425.74 Final Estimate for the City of Paving with Integral Curb 594 Dubuque 1974 Concrete Project No. 2, Ninth Street from Eighth Street to Hill Street and University Avenue Intersection Re construction. .................................................................... 9—Resolution No. 426-74 Resolution Accepting Improve- 595 ment for the City of Dubuque 1974 Concrete Pav- ing with Integral Curb Project No. 2, Ninth Street from Eighth Street to Hill Street and University Avenue Intersection Reconstruction . ........................ " 9—Resolution No. 427-74 Resolution requiring all mem- 595 bers of Boards and Commissions must attend 662A% of all regularly scheduled and held meet- ........................... ings within any 12 month period.595, 596 " 9—Resolution No. 428-74 Resolution authorizing the exe- cution of assigment of Interest to the State High- for way Commission & C. W. Entewlses, Inc. use U.S. of parcel of real estate for night of way on Highway #20. .................................. ....................... " 9—Resolution No. 429-74 Granting Class "C" Beer & 596 596 Liquor License applications ........................................ " 9—Resolution No. 430.74 Directing the issuance of Class "C" Beer & Liquor License ......................................... " 12—Resolution No. 431.74 Resolution providing for the 597 sale and award of $2,000,000. Sewer Bonds and and authorizing the agreement of such approving saleand award................................................................ 598, 599 " 12—Resolution No. 432-74 Resolution initiating proceed- Sewer 599, 801 issuance of 433-74 Adopting t hee Dubuque 000. Bicen: No.the 16—Resoluuttionfor 1 tennial Logo . ..................... " 18—Resolution434-74 Approvingvering a W vacated part of located sttofthe West the the of Lotthe West 1 line of MineralfLot 179,sIn t efCy ofDubuque. .................................................................... " 18—Resolution No. 435-74 Corrected Final Estimate Reso- of Century Drive-Bies 805 lution for the construction all Drive Sanitary Sewer ..................................................... 74 nts for " 16—ResolutionNo Cent ry Schedule do Bies sDrive e8,, San- construct itarySewer. .................................................................... " 16—Resolution No. 437-74 Resolution providing for the Bonds for the purpose of 811 issuance of Sewer providing for the payment of the assessed cost Drive and Bies Drive of City of Dubuque Century 613 8 inch Sanitary Sewer......................... ........................ " 16—Resolution No. 438-74 Final Estimate for contract for 815 the Center Grove Valley Interceptor Sewer prove- 16—Resolution No. 439.74 Resolution accepting Grove Valley Interceptor Sew- ment for the Center . 615, 616 er . ............................ ........................................ " 16—Resolution No. 440.74 Approving delivery of deed Meehan and Naomi R. Meehan for from John V. Lot 2 of Eagle Point View in the City of Dubuque, to the recorded Dubu ue County, Iowa, according q plat thereof, subject to easements of record......... "C" 616 " 16—Resolution No. 441-74 Granting Class "B" and 617 Beer Permit applications. ......• •••"""' ' " 16—Resolution No. 442.74 Directing the issuance of Class 817 , ,,B,,& .,C„ Beer Permits . ............ I............................... " 16—Resolution No. 443.74 Granting Class "C" (Commer- & Liquor License cial) & "B" (Hotel or Motel) Beer 818 applications............................................................. ,.•,.,., INDEX —BOOK 104 1974 _SUBJECT-- ----------. _.__ Page 16—Resolution No. 444-74 Directing the issuance of Class C" (Commercial) and Class "B" (hotel or Motel) Beer & Liquor Licenses ................................................. " 23—Resolution No. 445-74 Resolution establishing and 618 declaring the Work Period for Employees engaged in Fire Protection Activities and Establishing and declaring Shift Trading Policy ..................................... 630 " 23—Resolution No. 446-74 Resolution Establishing and Work Period for Employees engaged declaring the in Law Enforcement Activities and establishing and declaring Shift Trading Policy . ......:................. 631 " 23 --Resolution No. 447-74 Granting Cigarette Licenses. "C" Beer & 631 " 23—Resolution No. 448.74 Granting Class 632 Liquor License applications . ....................................... " 23—Resolution No. 449.74 Directing the issuance of Class "C" Beer & Liquor Licenses . ................... I................ 632 " 23 ---Resolution No. 450-74 Granting Class "B" & "C" 632 Beer Permit applications . ............................................ to 23—Resolution No. 451.74 Directing the issuance of Class "B" & "Coo Beer Permits . .............. I............................. 633 INDEX — BOOK 104 1974 SUBJECT----------- Page __----------- S Jan. 7—Stackis, Emil, sworn in as Councilman ............................ 1 7—Siegert, Mr. Ken, objecting to the proposed County Homeland fill site ......................................................... 8 " 7 -Stamp, Mr. William, presented a map showing prevail. ing winds in the area which should be considered as a prime factor in the selection of any land fill site. .............. ...................................................................... " 7—Sewer Bonds to be issued in the amount of $4,500.00 8 for payment of 1973 North Algona Sanitary Sewer --8 inch, between University Ave. & Loras Blvd. 18 " 7—Schedule of Assessments for 1973 North Algona San- itary Sewer -8 inch, between University Avenue and Loras Boulevard..................................................... 17 " 7 --Schedule of Assessments for Locust Street from N.Y.L. of 9th Street to the S.P.L. of Loras Blvd. (part of 1973 Asphalt Paving Project No. 1. ..... ..............20 21, 22 " 7—Street Improvement Bonds to be issued in amount of $30,500.00 for payment of 1973 Asphalt Paving Project No. 1. — Locust St . .................................... 23, " 11—Sullivan, Mr. Daniel, indicating that an impasse has 24 been reached with the personnel Dept ..................... 28 " 11—Sweeney, Mr. Wm., indicating that an impasse has with the personnel Dept . ................ 28 been reached " 21—Sisters of St. Francis, rezoning request . ........................ 33, 102 " 21 --Schenker, Thomas, et al, objecting to the proposed 35 landfill site................................................................. " 21—Scharringhausen, Julie, objecting to the proposed land- fill site at the County Home . .................................... 35 " 21—Schedule of Assessments for 1973 Asphalt. Paving 3F3 Project No. 1—University Ave . ................................ " Improvement Bonds to be issued in amount of 21—Street $18.000.00 for payment of 1973 Asphalt Paving Project No. 1 — University Ave . ............................ 41, " 24—Schuster, Stacia, Notice of Claim for car damage. ... 54, 42 415 " 24—Senate File 225. Being in favor of and approving of thepassage.................................................................. " 24—Soley, Susan, appointed to the Human Rights Com- 56 mission............................................................................. 57 Feb. 4—Shot Tower, Dubuque and Dubuque Town Clock, con. 62 sidered for the National Register of Historic Places. " 4—Schmitt harbor, Dock Commission advising negotia. with the Dubuque Yacht Basin for tions in progress proposed lease and agreement of . ........................ "Where 64 " 4—Stroud, Mr. Ken, presenting a report entitled 79 Cornerstone is Now" .................................................... " 4—Soil Conservation Service, apply for technical assist. ance from to investigate drainage in the western .......................................... area of the City . ................. 79, 622 " 4 --Swimming pool, enclosed and ice skating rink, con- struction at Veterans Memorial Park. (NOT ... ........................................... ADOPTED) ..................... 81 " 11—Stackis, Emil elected to N.E. Iowa Area Crime Com- mission............................................................................. " 11--Schueller, Leo N., expressing condolence to his family 85 andfriends...................................................................... 84 " 11 --Street Finance Report for 1973 submitted . ................ 86 " 11 Terry, requesting appointment to the Youth --Stewart, ServicesBoard................................................................. 89 " I1—Sisters of Charity B.V.M., requesting rezoning of prop. erty for multiple housing or multiple housing un- der a planned unit development, Mt. Carmel area. 89 " 11—Senate File 5317 City of Dubuque being in favor of, and supporting the same . ...................................... 91 " 18--Sheppley, Mr. Ed., being in favor of Ecumenical 99 Housing............................................................................. V- INDEX —• BOOK 104 --__ ----- -----_-----------• 1074 - page - " 18—Sisters of St. Francis, rezoning of certain property "Single Family Residence District classifica- from tion to "Multiple Residence Planned Unit Devel o ment District" -•.••••••.••.......••••• " Dubuque Interceptor Sanitary Sewer easement 102 18 ---South agreement with City and I.C. Gulf R.h. for the installation of. .....................in"*s'...............................ing 107, " 25—State Department of Public Instruction, requesting 108 City to inaugurate a needy children food program duringthe summer ................. .................................... 113 Mar. 11 --.Smith, Ms. Charlie, possible candidate for appointment on Human Rights Commission..— ................................ 121 " 11—Spiegel, William, General liability Policy Bond sub- matted. .............................. ....................................... 122 " 11—Street Program for 1974 submitted by City Engineer. 126 " ll Slattery', Richard, Director of Recreation, wishing to explain step four, evaluation and feedback in Op- erationMove................................................................... 130 " 11—Stampfer property — Livesay Enterprises interested in multiple family residential use in downtown area. 135 " 18—,.Smith, F. N. Const. Co., contract for demolition & clearance in Urban Renewal Area ............................. 158 " 18—Sebwartz, Lawrence E. and Ethel M., Granted Class "B" Beer Permit . .............................. ............. I............ 15.9 " 18—Schumacher, Earl Edward, Granted Class "C" Beer Permit............................................................................... 159 " 25 --Seeley, Pearl, and David Barnhart, requesting refund on Cigarette License #247 . ........................................ " Lou, Granted Class 163 25—Sorensen, George D. and Mary "C" Beer and Liquor License . .................................... 165 April I—Strub: Raphael H., Sidewalk Construction Bond sub- mItted............................................................................... 189 " 1--Salvvell, Margaret J., settlement of claim or I1-16-73. 170 " 1—Stecklein, Richard R., Granted Class "C" Beer & Liquor License................................................................. 182 " 8--Schiesl, James, on behalf of minor son, Thomas Schiesl, settlement of claim ......................................... 184 " 8—Shaffert, Less, Favoring Class "C" Beer -Liquor applica. tion for Am. Legion . .................................................... 198 " 15 --St. Patrick's Church, request for Class "B" Beer Per- mit..................................................................................... 200. 211 " 15—Schuster, Mrs, Mary Ellen, supporting Flight 4.560. 201 " 15—"Sunrise Heights Subdivision", final plat of Block 14 beapproved..................................................................... 206 " 22—Slattery, Richard J., Director of Recreation, recom- mending not to initiate special food services pro. gramfor 1974................................................................. 216 " 22 --Site Service Station Mini/Mart Granted Class "C" BeerPermit..................................................................... 236 " 29—Sullivan, Don, objecting to surfacing of Woodworth Street................................................................................. 243 " 29—Stewart Street deleted from 1974 Asphalt Paving Proj. ect. No. 1.............................................................. 244 " 29—Sullivan, Robert A., expressing condolences to fam. ily & friends . ........... . .. ..................... 252 " 2"teeklein, Kenneth M„ Granted Cigarette Permit. .... 253 " 29—Sutton, Mrs. Ruby, appointed to Citizens Advisory Commission. ................................................. ................... 254 May 6--Schromen, Kenneth, Sidewalk Construction Bond Sub- „ mitted. .......................................... 6—State 262 Hwy- Comm.. agreement with for 1974 Coopera. tive City Traffic Signal Program . .......................... 267 " 6—.Sanitary Sewer in East 4th Street Fxtension completed. " 6—Sidewalk completion, investigate 267 same on J.F.K. Rd. from Penn. Ave. to Mall entrance 270 . ........................ " 6—Senate File 321, requesting veto of.................................269 " 6—Street markings on University, Loras & Asbury made more clearly............................................................... 270 INDEX — BOOK 104 10-4 � --- — SUBJECT - --- - ------ __Page " 13—Spectra Associates, submitting contract with for the service design, checking our police radio network at an estimated cost of $3700. with the County to sharein the cost............................................................. 272 " 20—Sheridan Ltd. Development, approving the sanitary and functional features of the Water Main Exten- sions by Ia. Dept. of Environmental Quality ............. 282 ub- " 20 --Steger Construction Co., General Liability Bond sub- mitted............................................................................... mitted 283 " 20—Smith, F. N., Construction Co., General Liability Bond submitted. ... ....................................... 283 " 20--8touse, Hugh L., Notice of Claim ..................................... 284, 308 " 20 --Schumacher, David et al, (21 signers) requesting stop sign at corner of Lincoln and Fengler streets..... 286, 363 " 20—Sanitary and Storm Sewer, construction for River Front Sub. No. 5 and from the intersection of Roosevelt St. Extension and Kilgore St. to the Dubuque Marina, Necessity for Improvement, Ord- ering Construction Decision of Council ..................... " 28—State Auditor submitting -the Audit Report of Disaster 291 Claim submitted by City on April 10, 1973 ............. 295 " 28 --Swift Plumbing & Heating Co., General Liability Policysubmitted............................................................. 296 " 28--Schiltz Development Corp., requesting approval to in- stall eleven boulevard type lights on Clifford & Lag - enSts................................................................................. 297, 307 " 2"eeley, Pearl and David L. Barnhart, requesting re- fund on unexpired Beer -Liquor Licence #C-5476. 298 " 28—"Short-Range Transit Planning Study" by DeLeuw, Cather & Co., presented by the Dubuque Transit 300 Board of Trustees approved ........................................ " 28 --Site Service Station Granted Cigarette Permit. ........ 303 " 28—Scherrman, Ray, appointed to Mayor's Industrial De- velopment Advisory Comm . ........................................ 304 June 3—Schedule of Assessments for East 4th St. Ext. Sanitary Sewer................................................................................. 311 " 3 --Sewer Bonds to be issued for payment of assessed cost of E. 4th St. Ext. Sanitary Sewer in amount of $10,()00.00 ......................................................................... 313 " 3—Swift, Gerald P. appointed to Heating, Vent., Air- Cond. Board..................................................................... 322 " 10--Sanman, Mrs. Carl, requesting stop lights at Crissy Dr. & Kaufmann Ave . ................................................ 330 " 10 --Sisters of St. Francis requesting rezoning additional 150, area from Multiple Residence Planned Unit Development to Hospital Medical Zoning Classifica- tion from Windsor Avenue west to solve sewer problem...........................................................................330, 362 " 10 --Smith, Dorothea, relative to Affirmative Action Pro- gram................................................................................... " 10—Scharnau, Ruth and Susan Soley, relative to Affirma- 331 tive Action Program . .................................................... " 10—Sutton, Patricia Ann, Granted Class "C" Beer Permit. 331 337 " 17—Steffen, Mr. & Mrs. Gerald, requesting rezoning for portion of back lot in West Side Manor Subd. to either Class "A" or "B" Business . ............................342, 402 " 17—Shwery, R., objecting to rezoning of Chew property. 342 " 17—Stewart Construction Co. awarded contract for 10" Watermain for Riverfront Subd. No. 5 Contract 1 - Section 2, Sanitary and Storm Sewer for River - front Subd. No. 5 . ........................................................ 348 " 17 --Schwartz, Lawrence and Ethel, Granted Cigarette Per- mit..................................................................................... " 17--Sfikas, Peter, Granted Cigarette Permit ......................... 351 351 " 17—Sfikas. Bessie, Granted Cigarette Permit ..................... 351 17— Spiegelhalter, Melvin A. Granted Cigarette Permit.. 351 " 17—Sutton, Patricia A.. Granted Cigarette Permit. .......... 351 " 17—Sutter, Joseph, Granted Cigarette Permit . .............. 352 " 17—Sears Roebuck & Co., Granted Cigarette Permit. .. _ 352 INDEX — BOOK 104 1974Pa SUBJECT ---------------- _ ---- - - ge " 17 --Shanahan, Francis J., Granted Cigarette Permit. .... Permit. 352 352 " 17--Shike-Richardson, Inc., Granted Cigarette .... " 17--Stampfers Dept. Store, Granted Cigarette Permit. .... 352 " 17--Schueller, Pita, Granted Cigarette Permit ................... 352 " 17--Siefker, Jack S., Granted Cigarette Permit . ............ 352 " 17 ---Stewart, Gary, Granted Cigarette Permit . ................ 352 " 17--Spiegelhalter, Melvin, Granted Glass "C" Beer do Liq- uorLicense..................................................................... " 28—Savary, John L., Granted Cigarette Permit . ............... 353 355 28-_ Scherer, (Mrs.) George, Granted Cigarette Permit......... 355 28--13chlickman, Douglas L., Granted Cigarette Permit..... 355 " 28—Schmitz, David C., Granted Cigarette Permit ................. 355 28--Schneller, Mathais A., Granted Cigarette Permit......... 355 " 28—Schollmeyer, Paul W., Granted Cigarette Permit. .... 355 " 28—Schulte, Albert J., Granted Cigarette Permit . ............ 355 28—Schumacher, Earl E., Granted Cigarette Permit. ........ 355 " 28—Schwind, Frank J. Granted Cigarette Permit. 355 28—Smith, Lowrie E., Granted Cigarette Permit . ............ 355 " 28—Stecklein, Kenneth, Granted Cigarette Permit ............. 356 " 28—Sand, Donald, Granted Cigarette Permit ......................... 356 " 28—Sorensen, George & Mary Lou Sorensen, Granted Cig- arettePermit................................................................. 356 " 28—Spielman, Charles, Granted Cigarette Permit . ............ 356 " 28—Stecklein, Richard & Melvin B. McSperrin, Granted Cigarette Permit............................................................. 356 " 28—Schollmeyer, Paul, Granted Class "C" Beer & Liquor License............................................................................. 357 " 28 ---Savary, John L., Granted Class "C" Beer & Liquor License. " 28 --Sand, Donald T., Granted Class "C" Beer & Liquor License............................................................................. 357 July 1—State of Iowa, Highway Commission submitting Pri- mary Road Extension agreement for maintenance and operation from 7-1-74 thru 6-30-75 . ............ 359 " 1—Snuttjer, Jerry, Notice of Claim . .................................... 361 " 1—Slattery, Nancy L., requesting resolution in support of Motorcycle Helmet Law for the State ......................... 365, 396 1—St. Patrick's Church requesting refund on Class "B" BeerPermit..................................................................... 366 " 1 --Sisters of Charity Acceptance of Resolution No. 260.74. 370 " 8—Schaben, Senator .Tim, approving resolution passed for development of advance railroad system ................. 376 " B--Sanner, John C., Notice of Claim ..................................... 377 " 8--Skahill, Michael J., Granted Cigarette Permit . ............ 381 " 15—Shimerda, Linda etal, requesting stop signs in Butter- field Road area............................................................. 388 " 15 --St. Elias The Prophet Greek Orthodox Church, Grant- ed Class "B" Beer Permit . ........................................ 391 " 29—Smith, Congressman Neal, receipt of resolution sup- porting rail system in Northern Iowa ......................... 401 29—Slattery, Richard, presented Feasibility Report on leeFacility..................................................................... 402 " 29--Schwennsen & Haas, requesting installation of park- ing meters on Locust Street between 1st and 2nd Sts.............. ........... ..... ............ ....... ........................... 403 " 29—•St. Anthony Messenger requesting permission to solic- it subscriptions to their magazine ............................. 403 29—misters of Charity of the B.V.M. requesting permission to install street lighting with underground cable in Carmel Drive in Carmel Heights .....................404, 413, 433 " 29---Sheppley, W. S. & Co., Granted Cigarette License.... " 29—Sfikas, Pete S., Granted "C" 408 Class Beer & liquor License . ......................... ....... " 29—Storm Sewer, repair of on 24th St. (between Jackson & Washington St.) ....................................................405, 462, 537 Aug. 5—Sioux City Council, submitting resolution No. S-25649 approving concept of a modern rail system service. 412 " 5—Shireman, Bernard. Denial of car damages Claim.. 414 " 5--13chiel, Margaret V., Denial of car damages claim. .. 414 INDEX — BOOK 104 1974 __ SUBJECT Page " 5—Steadman, Jerry, Denial of car damage claims. ........ 415 " 5--Sanner, John C., Denial of Claim . ................................ 416 " "ister Kenny Institute requesting permission to con- duct annual door to door Fund Drive ......................... 417 " 5 --Sullivan, Gene F., Granted Cigarette License ................. Granted Cigarette License 419 419 " 5--Schurbon, Richard, ............. 5 --St. Columbkille Parish, Granted Class "B" Beer Permit. 420 " 5• --Shigellosis, Kenneth K. Hazlet, M.D., submitting re- port on control of Communicable Diseases relative tosame............................................................................. " 12 --Steel trash racks on the inlet channels of the flood 421 pumps along Kerper Blvd. near 16th St., bid award- ed to E. J. Voggenthaler Co. for reconstruction of same................................................................................ " 1"teffen, Cindy, relative to Dubuque Composite Squar- 424 don................................................................................... 430 " 12—Schiltz Development Corp., requesting the rezoning % SWV4 of Sec. 21, T89N of Lot 2.1-1-1 of East of R2E from Single Family to Multiply Family class ification, behind Hempstead High School.................430, 443 Washington " 26--Sigwarth, Rev., regarding barricading in 563 St. neighborhood.............................................................440, " 2"choofs, Miss Catherine A., objecting to cable TV rate increase............................................................................. 26—Starr, Miss Mary G., objecting to cable TV rate in- 442 crease................................................................................. " 26—Sadler, Margaret, Notice of Suit..•• ...................•••"'""'... " 26—Schmitz, David C., Granted Class "C" Beer & Liquor 442 4 44 License............................................................................. " 26—Scherer, Emma Margaret, Granted Class "B" Beer 452 452 Permit............................................................................... Sept. 3—Sanitary & Storm sewers discharge into River in 4th Street Peninsula Area, Councilman Justmann re 438 questing information on same ..................................... " 9—St. Paul Ammonia Products Inc., objecting to placing a toll on the Julien Dubuque Bridge ......................... 471 " 9—Storm damage which occurred in summer, City Man- ager submitting receipt of proposed bids on the repairof same................................................................. " 9—Shively, Mrs. Shirley, Notice of Claim by Hunt Claims 472 473 ServiceInc. .................................................. " 9- Sertoma Club, requestingpermission to sell light bulbs for the benefit of Retarded Children on Sept. 14, 1974.............................................................. " 1"tate Dept. of Health recommending correction of de- 475 ficiencies of mechanical or structural nature in the City's swimming pools . ................................................ " 16—Smith, Lloyd, Auditor of State, submitting copy, of Audit Report of the major disaster claim submitted 477 by City on January 31, 1974. .................................... 479 479 " 1"hively, Marv, Notice of Claim questing...street ..lights " 16Schiltz Development Corp., re -- 483 in West Hill Subd.........................................479. ................ " 23—Schaller, Margaret & Harris, Notice of Claim. ........ "C" & Liquor 484 " 23—Sfikas, Bessie, Granted Class Beer 489 License. .................................................... ........................ permission " 30—Smith Construction Inc., F.N., requesting p for sewer and water service at 1555 to excavate 497 .................. .................. J.F.K. Road. .............................. .. Oct. 7—Spoerre, Mrs. Margaret, objecting to the barricading between 15th & 16th . ........ 508,553, 554 of Was hinggtton St., " Parish, requesting refund on unex- 7—St. Columbkille's pired portion of Beer License .............................. e. s... " Greek Orthodox Church reques t- 508 7—St. Elias The Prophet Ing refund on unexpired portion of Beer License. 512 529 " 14—Siegert, Joseph & Ruth, Notice of Claim. .......... " General Liability Bond submitted......... 523 28—Schromen Ken, " 28 -imports Unlimited, Dubuque, requesting refund on un- 532 expired portion of Class "B" Beer Permit ................. INDEX — BOOK 104 _19_74__ __ ____ - SUBJECT Page 28—Spielman, Charles J., Granted Class "C" Beer & Liquor License . ................................................................ 28--Schurbon, Richard A., Granted Class "C" Beer & 540 Liquorlicense . ................................................................ 540 Nov. 4—Schlegel, James R., Notice of Claim . .......... ..................... 543, 5111 4 ---Section 23 of the U.S. Housing Act of 1937, as amend- ed, Authorizing the Advertising for Receipt of Pro- posals for Development of Privately Owned Hous- ing Pursuant to same . .................................................... 544,592 4--Sindt Motorcycle Sales, Granted Cigarette Permit. .... 546 4—Still, Gary, replacing Michael Farley. appointed to Advisory commission . ................ ..................... ............. 54,R 18—Schulte, Robert John, Sidewalk Construction Bond submitted. ...................................................................... 551 18—Schreiber, David, Construction Co., Sidewalk Construe. tion Bond submitted . .................................................... 551 1"ignalization of 20th St. at Elm St.; Interconnect of Signals at 20th & Elm. Jackson, White and Central; Construct Island at 18th & Central; recommended by City Engineer to be included in the 1975 Street Program. ........................................................................ . 553 18 --Scott, Steve, Atty., representing businesses & residents in Washington St. area, being opposed to any changes to barricading the street . ............................553, 554 18 —Scheckel, Mr., being opposed to any changes proposed to barricading Washington street . ............................ 553 &—Spoer Melvin, being opposed to any changes pro- ,e to barricading Washington Street . ................ posed , 553 18 --St. Mary's School students, being in favor of proposed barricading of Washington Street . ............................ 553 " 18 ---Stoneman Rd., Adele Urbain etal (1573 signers) re- questing authorization and permission for motor vehicle access from same in vicinity of Imperial Lanes to Kennedy Mall . ................................................ 555 " 18—Sanitary and Storm sewer for Riverfront Subdivision No. 5, Contract 1 -Section 2, Roosevelt St, Ext., Kil- gore St. and Halimt1on St. Ext., completed . ............ 563 18 --Sullivan, Gene, relative to renewal of Class "C" Beer & Liquor License ............................................................. 567 18 --Smith, Lowrie E., Granted Class "C" Beer & liquor license. ............................................................................ 567 18 --Sullivan Gene F.. Granted Class "C" Beer & Liq- uor'License . .................................................................... 567 18—Shanley, Donald P., and M. Jack DeChristopher, Grant- ed Class "C" Beer & Liquor License ......................... 567 25 ---State Highway Commission, Iowa, requesting lease assignment agreement between City and C. W. Enterprises, Inc. for Portion of right-of-way of Primary Road U.S. #20 ................................................. 569, 596 25—Street Parking Meter, Adjusted Ordinance submitted. 569, 570 25—St. Elias the Prophet Greek Orthodox Church, request. ing permission to place cannisters in business plac- es soliciting funds for the Cyprus Relief Fund. .... 573 25—Sewer Bonds, Fixing date of meeting for issuance and providing for advertisement of $2,000,000, of same. 575, 576 2"olomon, Chester, relative to equipment needs for the bus system . ................................................................ 576 Dec. 9—Sidewalk Program, 1973, Completed substantially in accordance with plans and specs. by Ray McDonald Construction Co,, Final Estimate and resolution ac- cepting Improvement . .................................................... 592, 593 9 ---Street Improvement Bond.,; to be issued for the 1973 Concrete Sidewalk Program ......................................... 593 12—Sewer Bonds, General Obligation, sealed bids received, providing fol- the sale. and award of same, and initiating proceedings for the issuance of $2,000,. 000. Sewer Bonds . ........................................ 598, 599, 600, 626 INDEX — BOOK 104 --- -- — _ SUBJECT 197-- _.-. _ Par 1"tate Auditor to audit financial funds of City except transactions of Water Utility, Parking & Sewage Facilities to be audited by O'Connor, Brooks & Co. 602 1"igns, regulating the erecting, maintaining, repairing servicing, installing, altering and inspection of same, Ordinance submitted. ....................608, 609 proposed Schedule of Assessments for Century Drive & Bies Drive 8" Sanitary Sewer............................................. i"cwer Bonds, providing for the issuance of same for 612 payment of Century Drive-Bies Drive Sanitary Sew- er...................................................................................... 23--Steichen, Robert G., appointed to the Plumbing Board 613 for term of 5 years, beginning November 2, 1974, 621 23--Soil Conservation Service, technical assistance from same in a feasibility Study of a proposed impound ment structure on the North Fork of the Catfish Creek................................................................................. 622 " 23-Siegert, Mr., represented by Attorney Charles Kint- zinger, requesting if roadway is to be put around City on west part, he needs to know so as to plan for his future farming operations. ............................ " 23—Schumacher, Joseph A., Granted Cigarette License. 622 631 " 23--Schumacher, Joseph A., Granted Class "C" Beer & Liq 632 uorLicense..................................................................... INDEX — BOOK 104 1974 SUBJECT .- -- --------- ---- ---- Page T Jan. 7—Thoms, Allan T., Elected as Mayor for the ensuing year 1 " 7—Telegraph-Herald designated and appointed the offic- ial newspaper of the City. : ..................................... .. .. 2 21—Teleprompter Cable Communications Corp. advising they are filing an application for renewal of license of Business Station KUX 87 with the Fed- eral Communicaticns System . .................................... 29 " 21—Tabak, Sol, reappointed to Human Rights Commission. 29 " 21—Tully, Thomas A. Jr., requesting to lease north portion of the old Naval Reserve Building . .................... 29 " 21—Thompson's Food Markets, Inc., granted Class "C" BeerPermit..................................................................... 52 " 24—Tully, Thomas Jr., appointed to the Human Rights Feb. Commission..................................................................... 4—Town Clock and Dubuque Shot Tower has been con. 57 sidered for the National Register of Historic Places. 62 " 4—Teleprompter Cable Communications Corp., Franchise Bondsubmitted............................................................ 64 " 4—Thompson's Food Markets, Inc., Granted Class "C" BeerPermit..................................................................... 82 " 11—The Apartments, Ltd., Granted Class "C" Beer & LiquorLicense................................................................ 96 " 18—Toom, Mr. Don, being opposed to Ecumenical Housing project.........................................................................99, 296. 551 " 18—Tschiggfrie Excavating, awarded contract for E. 4th St. Extension Sanitary Sewer . .................................... 108 " 25—Thoms, Mayor to be a farmer for a day ......................... 113 Mar. 18—Thoms, Mayor Allan, to represent State of Iowa to assist in the Energy Crisis . ........................................ 143 " 18—Thompson, Mrs. Edna, addressed the Council relative to Operation New View ................................................. 143 April 15—Traut, George In Favor of American Legion Bar......... 200 " 22 --Transit Trustee Board recommending permission be granted to Cab Company to permit more than one party to ride in cabs at one time . ............................ 213 " 22—Taxi Cab Ordinance Amending Ordinance No. 11-69 & repealing No. 55 -73 ......................................................... 214 " 22--Thoms, Inagrace, accepting Resolution No. 31.74......... 223 May 6—Thoms, Mayor, reconsider negative vote on Concrete Paving w/Integral Curb Project #1 . ........................ 257 " 20—Tri-State Twirler Square and Round Dance Club, re- questing for help against threatened loss of Allison - Henderson Pavilion . ...................................................... 286 " 20—Tauke, Joe, et al, requesting Glen Oak Street be ex- tended from end of 1900 block to Rosedale Ave. 287, 498, 561 " 20—Ten inch Water Main for Riverfront Sub. No. 5; Necessity for Improvements, Decision of Council upon objections to plans, specs., form of contract and cost of improvement, Ordering Construction. 289 " 28—Tigges, Arthur C., Notice of Claim ................................. 297, 326 " 28—Thoms, Allan T., appointed to Mayor's Industrial De. velopment Advisory Comm . ........................................ 304 June 3—Tri-State Paving Co., awarded contract for Contract No. 2 P.C. Concrete Paving & Bldgs. removal......... 319 " 10—Thurston. Mrs. Florence, Settlement of Claim . ............ 326 " 10—Transportation Plan, 1990, for Dubuque Metropolitan Area to maintain a continuing transportation plan. ning process .................................... ................. 335 10—Trapp, Mrs. A. J.. Granted Cigarette Permit ................. 336 17—Thruput Terminals Inc. by Robert Bertsch, attorney, requesting construction of a security fence sur rounding the premises on 3rd St. north of the Tee Harbor. ........... 346 " 17—Thompson, John F., Granted Cigarette Permits, (3) ... 351 " 17—Tressel, Allen C., Granted Cigarette Permit. 351 " ......... _.. 28—Tegeler, Earl, Granted Cigarette Permit . 356 " .................... 28—Tschiggfrie, Raymond L., Granted Cigarette Permit_ 356 INDEX — BOOK 104 1974 --- SUBJECT Page _----_ " 28--Trausch Baking Co., Granted Cigarette Permit ............. 356 July 1—Thomas, Elmer G., Notice of Claim . ............................361, 435 1—Thruput Terminals Inc., requesting building permit for repair of building located on 3rd St., north of theIce Harbor................................................................. 365 " 1—Tri-State Softball Tournament requesting refund on Class "B" Beer Permit . ............................................ 366 " 15—Timmerman, Frank, Notice of Claim.............................388, 445 " 22—Thompson, Edna A., reprimanding charges against Mr. Zimmerman............................................................. " 22—Tschiggfrie Excavating Co., General Liability Policy 393 Bondsubmitted........................:...................................... 393 " 29—Truck Ass'n., Iowa Motor, advisin4 of legislation to permit movement of motor carrier traffic in Iowa length and weight border cities over and above limitation imposed by Iowa ......................................... 401 " 29—Twenty-fourth Street, between Jackson & Washington, repair of storm sewer, preliminary estimate, neces- sity for improvement, ordering construction and fixing date of hearing . ................................................ 405, 537 Aug. 5—Timpe, Ronald V., Denial for car damages claim......... 414 5—Tower Hills Mobile Home Park, Tom Leibold & Assoc., requesting City to maintain water & sewer linesto same................................................................. " 12—Tri-State Independent Blind Society, Inc., grateful 417 for quick response to Amtrak issue ......................... 422 " 12—Trucks, over length and weight of same to travel in Iowa.................................................................................. " 12—Teleprompter Cable TV, requesting monthly rate in- 429 creases............................................................................... 431, 509 " 26—Tri-State Electronics Assn., objecting to cable in- creases............................................................................... 441 Sept. 3—Tschiggfrie Excavating awarded contract for Repair of Storm Sewer on 24th Street (between Washing- ton & Jackson Sts.)........................................................463, 537 " 3—Transit Trustee Board advising of celebrating their Sept. 7th 468 first year of ownership on ......................... be October 31st 510 " 16-11Trick or Treat Night" . ....................477, H, Section 1 Downtown Ur- " 16—Town Clock Plaza, Phase ban Renewal Project Iowa R-15, has been completed by Conlon Construction Co ......................................... 480 " 23—Third St. Reservoir, John Duggan etal, opposing to ..........................................4, 524, 589 chapges at . ................... 86 " 30—Tschiggfrie Excavating Co., awarded contract for con- struction of Century Drive & Bies Drive 8 inch SanitarySewer............................................................... 498 " 30—Topeka Inn Managements, Inc., Granted Class "C" Beer & Liquor License ................................................. 505 Oct. 7—Tennis Court lights, appreciation be extended to Dubuque Bank & Trust for same at Comiskey Field. 507 " 28—Triple X Movies, Objections to showing* of same. .......521, 541, 589, 590, 602 " 28—Travis, Mrs. James, objecting to showing of "Deep Throat."......................................................................... " 28—Toll Plaza to be constructed at Dubuque & Wisconsin 523 Bridge............ .... 532, 571 " 28—Thomas Farm Addition approving the plat of Block 9 of same. (Henschel).................................................... 533 Nov. 4—Transit System, Dubuque, Asst. City Manager report- ing on exceeding budget appropriation of $225,000. 542 in Revenue Sharing Funds for subsidizing same. " 18—Traffic Counts taken during, 90 day test period, on Washington Street, submitted by City Engineer..... 552 " 18—Tittle, John, Being opposed to any changes made in the Washington area ..................................................... 553, 554 " 18—Thermolyne, requesting extension of option agreement for another two years to February 12, 1977 on land In River Front Sub. No. 3 . ........................................ 555 INDEX —BOOK 104 SUBJECTPage 1974 " 18—Table Mound Park Inc. requesting rezoning of Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of Annie Wallers Sub. No. 2 Sec. 1 & 12 Twp, 88 N R2E containing from present Multiple Family 64/lo0 of an acre District Classification to Business District "A" 555 Classification................................................................... " 18—Timber Ridge Addn., Blocks 1, 2 and 3 of same, final plat approved of same, recommended by Planning & Zoning.......................................................................... " 25—Transit Trustee Board requesting permission to sub- 557 5r8 stantiate their request that replacement equipment is urgently needed....................................................... 576 " 25—Town Clock Inn, Inc., Granted Class "C" Beer & 578 LiquorLicense............................................................. " 25---Tegeler, Earl John. Granted Class "C" Beer Permit. "C" 579 " 25—Thompson's Food Markets, Inc., Granted Class BeerPermit..................................................................... 579 Dec. 9—Thompson's Food Markets, Inc, requesting transfer of 2119 Rbomberg Ave. to 1101 Beer License from 592 RhombergAve................................................................. " 16—Thomas, William, Notice of Suit . .................................... 603 " 16—Thompson, Earl G., Notice of Claim. ............................ 603 " 23—Thompson's Food Markets requesting a refund on unexpired portion of Cigarette license .......... I.......... 630 " 23—Thompson's Food Markets, Inc., Oky Doky 011, Granted Cigarette License . ............•••.......••.•••••.......•. 631 " 23—Thompson's Food Markets, Inc., Oky Doky N9, Granted Class „C„ Beer Permit . ............................................... B33 INDEX —BOOK 104 — - – - – - SUBJECTPage ---- Jan. 7—Urban Renewal Project, Iowa R-15, Amending Plan to permit multiple family residence as an addition- al land use for that portion of the said Project identified as Redevelopment Area 5 . ............11, 12 135, 136 7—Urban Renewal Project Area, Vacating a portion of WestSixth Street......................................................... 12 7—Urban Renwal Project, Iowa R-15, Fixing the Date of Public Hearing for an Urban Renewal Plan Change, 4th St. on the south, Locust St. on the west, 9th St. on the north, & Central Ave. on the vast, and to permit multiple family residential use for Blocks 12, 13, 17 and 18 in Redevelopment Area 2. ........ 13, 14 " 7—Urban Renewal Project, Iowa R-15, Accepting Delivery of a Deed. (McQuillen.)................................................ 15 " 11—Union Representatives request to meet with the Coun. cil relative to wage negotiations . ............................ 28 " 21—University Ave.—removing the two hour time zone from Irving St. to Asbury St . .................................... 31 " 21—University Ave:—Prohibiting parking on the South side from Gilliam St. to one hundred and two feet cast of Auburn St. and on North side from Loras Blvd. to Pennsylvania Ave . ........................................ 31 21 --University Ave., Schedule of Assessments 1973 Asphalt Paving Project No. 1 . ........................................38, 39, 40 21—United Parcel Service Inc., Approving sale of Lot 1 of 2 of 2 of 2 of 1 of Block 5 River Front Sub. No. 3................................................................................. 47, 48 " 21—Urban Renewal Project, Iowa R-15 Authorizing the Publication of Notice of Sale of Project Notes (First Series 1974) and the receiving of proposals. 49, 50 Feb. 11—United Spanish American War Veterans, Gen. Fitz- hugh Auxiliary requesting permission to conduct a tagday............................................................................. " 11—Urban Renewal Project, Iowa R-15, authorizing the 89 sale and issuance and delivery of project note. 93, 94, 95 Mar. 11—U.S. Army Corps of Engineers advising that March 1, 1974, will be considered the official date of transfer of the completed Stage 1 Local Flood Protection Project.............................................................................. 120 11—Urban Renewal Project - execution of contract with Iowa Appraisal and Research Corporation for Spec ial and Reuse Appraisals for Project Iowa -R-15..... 138 " 18—Urban Renewal Area, Minimum lot area requirement of the Zoning District be eliminated due to Reso- lution No. 73-74 recently adopted to permit multi- family residential use within the Project . ............ 152, 221 " 18—Urban Renewal Project, demolition and site clearance of Parcel 8-4B at a cost not to exceed $4000.00..... 158 " 25—Urban Renewal Project, declaring intent to sell a por- tion of project to R. & S. Enterprises Inc ............. 166 April 8—U.S. Corps of Engineers, operation & maintenance of Upper Mississippi River Nine foot navigation chan- nel from Guttenberg, Ia. to Saverton, Mo ................. 184 15—U.S. Corps of Engineers advising of navigation studies and various meetings for providing a 12 foot chan- nel....................................................................................... " 15—U.S. Department of the Interior, meetings to ascertain public views on a wilderness study on the Upper201, Mississippi Wild Life & Fish Refuge . ..................... 261 " 22—University of Iowa, special seminar to be held on 213 Alcoholism....................................................................... " 29—Urban Renewal Project, Iowa R-15, Notice of Sale of Project Notes (Third Series 1974) (totaling $1,490,000.) and receiving of proposals for the 249 saleof said notes............................................................. R-15, sale land for pri- " 29 --Urban Renewal Project, Iowa of vate redevelopment with R & S Enterprises, Inc. 250 INDEX —BOOK 104 1974 ____ Page May 6 --Urban Renewal, extension of time for R. Hampton411, Co. for Ramada Inn . .......................................... June 17—Urban Renewal Project, Iowa R-15, Authorizing the 541 advertising of bids for the demolition and site 349 clearance of Parcel 15-4 in same . ............................ " 28—University of Dubuque, Granted Cigarette License..... 356 July 8—Unox System, reference to proposals for Sewage Waste Water Treatment Facilities Plant . ............................ 375 8—Urban Renewal Project, Iowa R•15, Demolition Con- tract No. 1-74, awarded to F. N. Smith Const. & K. W. Gaber Const., not to exceed $4,500.00 . ............ 380 " 22—Urban Renewal Project, Iowa R-15, Lot 1 of Block 4, execution of certificate of completion for Thomas F. Leibold......................................................................... 395 22 --Urban Renewal Project, Iowa R-15, Block 18, execution of completion for First National Bank, 395 of certificate Aug. 26—UAW 94, Local, Consumer Affairs Committee, object- ing to TV rate increases ................................................. 441 " 26—Urban Renewal Project, Iowa R-15, contract with Paul T. Granlund for design, fabrication and installation of piece of sculpture entitled "Continuum", not to exceed cost of $27,000. for same ................................. 446 Sept. 9—United Way Month - Sept. 24 thru Oct. 24 . ................ 471 " 16—Ungs Street near Hoyt St., William Olson etal, request• ing removal of parking hazard on certain sections ofsame.............................................................479, 569, 591, 605 " 16—Urban Renewal Project, Iowa R-15, contract for the Town Clock Plaza, Phase II, Section 1 in same com- pleted............................................................................... 480 " 16—University of Dubuque, requesting permission to con- duct a fireworks display at their homecoming activ- itieson Oct. 11th. ............................................................ 482, 507 " 30—University of Dubuque, Alpha Phi Omega Fraternity, requesting permission to solicit funds to provide re- lief to victims of Hurricane Fifi in British Honduras. 497 Nov. 18—Urbain, Adele etal (1573 signers) requesting authoriza- tion and permission for motor vehicle access from Stoneman Rd. in vicinity of Imperial Lanes to KennedyMall................................................................. 555 " 18—U.S. Bureau of Census, City Manager authorized to sign contract with same to conduct a special census of the City in 1975, in estimated amt. of $33,550. 560 " 25—Urban Mass Transportation Act of 1964, filing of an application with the Dept. of Transportation, for a Grant under the same . ............................................ 577 INDEX —BOOK 104 1974 —^- -- SUBJECT --- - Page Jan. 7—Vogt, Robert, denial of cycle damage claim ................. 9 7—Vacating a portion of West 6th St. in the Downtown Urban Renewal Project Area . ................................ I... 12 21—V.F.W., requesting permission to sell poppies ............. 36 of Roosevelt St. Ext . .......................... 47, 55 24—Vacating portion ver ht of Feb. 4—Vacating Tschgrgi & Schwind easement, Lot perpetual Subdivr Subdivision in the City of Dubuque. (McCarthy) ............................ 78 Mar. 11—Vernon, R. G., for Citizens Transportation Committee, objecting to the proposed widening of 10th St. from Locust to Bluff .................................................... 126 11—Vacating a dedicated walkway located between Lot 1 of 7 and Lot 2 of 6 of the Dubuque Homes Subd. No. 2. (Francis P. Raymond) ........................•. ......... 128, 204 " 18—Vacating portion of Prospect St. to W. P. Woodward andW. J. Klauer......................................................... April 22—Van Duelman, Carl A., Granted Class "C" Beer Permit. 146 236 May 20—Vacating a portion of Dexter St. for Lloyd S. Guden- kauf, DENIED................................................................. June 17—Vacating a portion of Maple Street lying between the 283 north curb line of East 16th St. to south curb line of East 17th St. (Dubuque Packing Co.) .................... 343, 388 " 17—Vincent, Brian, Granted Cigarette Permit .................... 352 28—Van Duelman, Carl, Granted Cigarette Permit. ....... July 1—Vermeer, Administrative Ass't. to Governor of State 356 of Iowa, appreciating interest in railroads. ......... 359 " 8 --Vacating portion of alley located at extreme west end from N.P.L. of of Cherry St. and running north Cherry St. to S.P.I.. of Ist alley south of Green St. abutting Lot 1 of Lot 208 of Finley's Addn, to Herbert F. Heitzman. ....................................................378, 459 Aug. 12--Voggenthaler, Co., E. J., awarded bid for reconstruc• tion of the steel trash racks on the inlet channels of the flood pumps along Kerper Blvd. near 16th St. ............................................................................. " 19—Vacation of the East 281 feet of the 10' wide access be- 425 tween the 1800 block on N. Algona and Avoca Streets, requested by Don Pettit, etal. (DENIED) 437, 542 Sept.30—Village Inn, II & M Foods, Inc., Granted Cigarette 504 License................................... .......................................... Oct. 28—Valentine Drive dedicated, in Thomas Farm Addition. (Henschel) .................................... Nov. 18—Vorwald, Dick, being in favor of signalization & Di- 533 verters on Washington St. ............................................ 553 25—Volunteer Drive, renaming portion of Front Street 573 to same. .................................................................... •••••• Dec. 16—Vacating a portion of Avoca Street located west of line the Fast 28' of the West 50' west property of of the West 100' of Lot 2 of Mineral Lot 179, in the City, to Harold B. and Dorothy Demkier................. 605 INDEX —BOOK 1(M 1974 SUBJECT — Page W Jan. 7—Walsh, Mr. Tom, Stating that any licensed har would change the character of the neighborhood in the Brammer Store area.............................................7, 36,197, 200 " 7 --West Sixth Street, vacating portion of in the Down- town Urban Renewal Project Area ............................ 12 " 21—Ward, Clcm, Notice of claim f to Dock Board. 24—Woodward, William, app .• •• . 57 Feb. 4—Weber, Mr. B. J., coach of Rugby Club, requesting of field for their particular the acquisition playing 83 sport................................................................................ " 11—Walsh, Thomas D. & Helen C., requesting that the W. 126' of Lot 1 of Summit Place (Brammers) be held fora play area............................................................. 89 " 18—Woodward, William P. and Beverly B., agreeing to pay $1000. for their share of vacated Prospect Street. 106. 107, 146 Mar. 11—White, Dan, report on minority problems submitted by I22 Human Rights Commission . ........................................ " 11—Nater Treatment Facilities, authorizing the execution of a contract with Henningson, Durham & Richard- son. Inc............................................................................. 124 " 11—Wilson, Christine, Notice of expense claim for car damages........................................................................... 12", " 11—Waechter Place in Center Grove in Dubuque, Twp., Key City Investment Co. requesting to extend ter- ritorial limits to include . ............................................ 135 " 11—White, William John, Granted Class "C" Beer Permit. 141 11—Wedig, Kathleen L., Granted Class "C" Beer and Liq- uorLicense..................................................................... 141 " 18—Weidemann, Vicki, objecting to the excessive noise from motorcycles and cars. ........................................ 148 " 18—Walsh Stores, requesting consideration of the parking situation surrounding their place of business on Central Ave.....................................................................157. 224 " 18—Wittenberg, Director Gent, submitting resolution for demolition of Leath and Goodman buildings, in Urban Renewal Area ..................................................... 157 " 25—Will-Co.. Inc., Granted Class "C" Beer Permit ............. 164 " 25—Wittenberg, Gent, requesting adoption of resolutions to correct legal description in former sale of prop- erty to R & S Enterprieses Inc . ................................ 166 " 25—Wittenberg, Gent M., requesting Mayor execute "letter of Intent" on the Revised Section 23 Leased Hous- ingProgram..................................................................... 167, 333 April 1—Wagner, John C. & Mary and Elmer Erner, jointly, Notice of Claim............................................................. 170 " 1—Weidemann, Leroy et al, repair of Asbury St. from Carter Rd. to J.F.K. Rd ................................................. 171 " 8—Women's Political Caucus, representative be sent to Rape Conference............................................................. 184 " 15—Walsh, Helen, opposing to American Legion Bar....... 200 " 15—Willey, Mary Jo, supporting Flight 4-5-60 . .................... 201 " 15—Windsor, Richard B. and Ronald Amundson, to con- struct a canopy over sidewalk at 253 Main Street. (NOT ALLOWED) ........................................................ 203. 223 " 22—Waller, David & .Audrey, denying access to their property. ......................................... 216 .......... " 22—Wm. C. Brown Co., purchasing Lot 2 of Block 1 of Riverfront Sub. No. 5 for price of " per square foot....................................................................... 229 " 22—WASTE WATER TREATMENT FAC1JXr1ES. City Manager requesting authority to proceed with the matter of selecting certain major components of equipment involved in the Phase II improvements ofsame ................................................................ ............ " 241—Wick, Mrs. objecting to asphalt paving of Stewart Street. 234 ......................................................... .. ..................... 243 INDEX —BOOK 104 SUBJECT — _ Page 29—Weuiling, Barb, objecting to speed limit on crest of hill on Pennsylvania Ave, at Hempstead High School............................................................................... 254. 272 May 6 --Walsh Gretchen, appointed as member of Northeast CrimeCommission......................................................... 261 6—West Side Manor Subd., approving vacation plat of 10' Utility easement in Lots 13 and 1--14 . ............... 266 13—Washington Street, Northbound and Southbound ve- hicles on same, stop before entering intersection with East 24th Street . ................................................ 275 " 13—Westside Manor Place and Westside Manor Subdivi- sion, for reclassification of Business "A" District on the Southerly 100 feet. (CHEW) ....................276.277, 284 " 20 --Warsaw Brewing Corp., accepting delivery of deed from same for Lot 2 of Lot 12 of Central Addi- " tion................................................................................... 20—Walgreen Co., Granted Class "C" Beer Permit ............. 292 293 " 2G_Welu, Daniel E., reappointed to 4 year term on 294 Police -Fire Pension and Retirement Board . ............ " 28—Washington Streetproposed barricading at inter- sections at 15th, 16th, 18th, and 19th, objections to367. 480, 508, 514, 553, 551 " ...........................................298. 28—Westerfield, Martin C. and Esther Ii., Granted Cigar- ettePermits (2). ................................. ...................... i 28—Walgreen Co., Granted Cigarette License . .................... 303 303 June 3—Wilwert, Eldon, requesting consideration of an area 410 . around airport for off-street vehicle riding............ " 3—Winsor, Richard B., and Ronald T. Amundson. Grant- 321 ed Class "C" Beer & Liquor License ......................... 336 " 10—Welsh Enterprise, Inc., Granted Cigarette Permit. ••• " 10—Weiner, Ilelen, Granted Cigarette Permit . .................... to—Welsh Enterprise Inc., Granted Class "C" Beer Permit. 336 337 " 10—Weiner, Helen, Granted Class "C" Beer & Liquor 337 " License............................................................................. 17---Wahlert, Harry W., Expressing condolences to family „ & friends of.................................................................... 17—Wolfe. John. Dismissal of Claim . .................................... 339 341 " 17—Washington Neighborhood Council - reearding clos- ures involving 15th, 16th, 18th and 19th " project Streets on Wasbington. ........................................344, 553, 554 37—Wareco System of Iowa, Granted Cigarette Permit. 352 " 17—Woolworth's, Granted Cigarette Permit ........................ 356 " 28—White. William .I., Granted Cigarette Permit . ............ 356 " 1.8—Will-Co. Inc.. Granted Cigarette Permit ......................... " 28—Willenborg, Barney, Granted Cigarette Permit ............. 356 " 28—Wong, Chuck N., Granted Cigarette Permit . ................ 356 " " 28—Wunder, Fileen, Granted Cigarette Permit .................... Richard B. & Ronald T. Amundson, Granted 28—Winsor, CigarettePermit............................................................. 356 " 28—Wertz, Donald E., Granted Cigarette Permit ................. 356 " 28—Wunder, Eileen, Granted Class "C" Beer & Liquor 357 License............................................................................ Granted Class "C" Beer & Liquor " 28—Willenborg, Barney, 357 i.icense............................................................................ July I—Washington St Neighborhood, resolution placing into effect certain traffic and parking changes within a portion of same, for a period not to exceed 90 days. 3363 " 1—Wedig, Kathleen, Granted Cigarette Permit ................. " 8—Walker, Mr. Roger of Penberthy & Houdaille, refer- ence to proposals for Sewage Waste Water Treat- 375 " ment Facilities Plant . ............................................. .... _. 8—Water Rate Increase—amend Ordinance No. 64.68— Heavy users be charged same rate as residential customers and eliminate the residential subsidy 377 of heavy users . ............ ..... t -h .......................................... 22 ---"Westchester" approved the city of Dubuque. 396 " li 29•—Water Resources Congress, meeting in Minneapolis s 401 ...................................................... on 8.15.74. .................. INDEX —BOOK 104 1974 SUBJECT Page 29—West Eighth Street Retaining Wall Reconstruction feted 404 Comp . .................................................................. I... 29—W. S. Sheppley & Company, Granted Cigarette License. 409 5—Wagner, Peter B., Denial of car damages claim. ........ "B" 415 5—Women's Recreation Assn., Inc., Granted Class BeerPermit . .................................................................... 5—Wahlert, R. C., conveying Best Wishes in retrospect of 420 40 years service at Dubuque Packing Co ................. 421 26—Wells, Mrs. John, relative to traffic noises around Louis Murphy Park and installation of creeper lane on Kerrigan Road . ........................................................ 440 26—Wartburg Theological Seminary, objecting to TV rate increase. ............................................................................ 442 26--Womens Club Art & Craft Show by Mrs. Joe Bitter requesting closing of Alpine St. from 3rd to Mel- rose on Sept. 15, for art show . .................................... 444 26—Wahlert, David, reappointed to Citizens Transportation Committee. ...................................................................... 453 Sept. 3—Waller Farm, Not recommended for Landfill site. .... 456 3—Weber, Mrs. Ed, thanking Council & staff for condol- ences on death of husband ......................................... 458 3—Wilson, Mike, Notice of Claim ......................................... 459, 526 3—Women's Recreation Assn. Inc., refund on unexpired portion of Class "B" Beer Permit ............................. in 461 3—Wallace, James A., submitting list of septic tanks City. ....................................... : ...... I ................................... 462 16—Weichel, Earl L., Notice of Claim ..................................... 479, 625 16 --West Hill Subd., Schiltz Development Corp. requesting street lights in same . ....................................................479, 483 16—Wahlert High School requesting permission to conduct a Homecoming Parade on Sept. 19th . .................... 479 16—Weigman, Wallace, etal, objecting to barricading of Washington Street at 15th and 16th ......................... 480 23—Wa-Tan-Ye Club requesting permission to sell candy in Town Clock Plaza on October 5th . .................... 486 23--"Waechter Place in Center Grove" annexed to the city. (Yiannias) ........................................................486, 529, .552 30—WASTE WATER TREATMENT FACILITIES, PHASE H — CONTRACT IV -- Approval of Preliminary estimates, Necessity for Improving and Fixing Date ofHearing . ........................................................................ 502, 545 Oct. 14—Willman, Dorothy etal, submitted by B. B. Grote, objecting to the blockading of Washington Street. 514 14—Witherall, Mark D., requesting a zoning reclassifica- tion of Lot 1 of Block 12 of Westchester from Two Family to Multiple Family Classification ................. 514 28—Wisconsin-Dubuque Bridge Co., requesting to con- struct a new plaza served by two toll houses. ....53'2, 571 28—West Ridge Addition, ApprovingI t of Lots 1-13 in- lusive in elusive csame. (Delbert I er.) ............................ 534 28—Westmore Drive, dedicated to City. (Delbert Miller) 535 28—Watter's Subd. Lot 11 in same, part of Wooten's Addn., approving sale of same to Charles Hemmer in amount of $2500,00 ................................................... 536, 583 Nov. 4—Wagener, Richard C., requesting anti -smut drive be started concerning showing of Triple X movies. 541, 590 18—Washington Street, City Engineer submitting traf- fic counts taken during the 90 day test period onsame . ............................................................................ 18—Waltz, Hank, being in favor of signalization & divert. 552 ers on Washington St . ................................................. 1 553 18—Wallers, Annie Sub,, Table Mound Park Inc., request- ing rezoning part of same from present Multiple Family District Classification to Business Ditsrict "A" Classification . ................. I., .................................... 555 INDEX —BOOK 104 1974 SUBJECT Page " 18—WASTE WATER TREATMENT FACILITY, PHASE 11, City Manager submitting resolution and an AMENDMENT TO CONSENT ORDER with Dept. of Environmental Quality revising completion date for same, from July, 1976 to August, 1977 ............. L., Marion Willmes, LaVerne A. 1159 " 18—Willmes, John & and & Rosella M. Willmes, roadway easements secured St., to from same, for extension of Glen Oak begraded, graveled and seal coated at est. cost 561 of53600......................................................................... It 18—WSUI-FM, Endorsing service in eastern Iowa and urg- ing favorable approval by the U.S. Department of to the University of Health, Education and welfare Iowa's request................................................................ 562 " 18—Watermain 10", for Riverfront Subdivision No. 5 Con- tract 1 -Section 1: Roosevelt St. Ext., Kilgore St. and Hamilton St. Extension, completed ..................... 564 " 25•—WASTE WATER TREATMENT FACILITIES, PHASE 11—CONTRACT IV—construction contract for same awarded to J. P. Cullen & Son Construction Com- pany................................................................................... 574 Dec. 2—WASTE WATER TREATMENT FACILITIES, PHASE H—CONTRACT IV --construction permit submitted by Dept. of Environmental Quality ............................. 581 " 16—Wieland, Mrs. Evelyn, Notice of Claim . ........................ " 16—Wertz, Donald E., Granted Class "C" Beer Permit. 603 617 INDEX —BOOK 104 SUBJECT rage. 1974 _ ___.. --- Y Mar. 11—Youth Services submitting application of Miss Sharon Love for appointment to the Board of Directors. 121 " 25—YMCA-YWCA, requesting to finalize position and de- Government Program for April tails on Youth in 165 22, 23 and 24th............................................................. requesting on one side of N. Booth April 8—YM-YWCA, parking by Richard N. Conzett................................................. in the Police Liaison 193 May 13—Youth Services, participating 277 Project. ......................................................................... 28--Yaeger,Susan et al, objecting to proposed harricad- ing of Washington St. at 15th, 16th, 18th, and 19th intersections..................................................................... July 1—Youth Services System, Ass't. City Manager submitting 298 resolution application for community based same. 366 22—YMCA-YWCA requesting to rezone Northeast corner of Dodge &. Booth streets, from two family resi- dence district to multiple family to provide for non -revenue off-street parking use.:...................394, o Sept. 23—Yiannias, N. J. and Christine, annexing "Waechter 485, 512 Place in Center Grove" to the City.....................486, 529, 552 Oct. 7 --YMCA to sponsor Halloween Parade to he held Octo. .................................................................. . ber 30. . Dec. 16—Yount, Mrs. Viola, Objection to opening of Triple 508, 510 Theatre............................................................................ 602 Feb. 18—Zoning Ordinance, be revised to that sector relating to Clubs, Lodges, and Philanthropic Groups. 110, 170, 460 " 25—Zahina, Richard, authorized to construct chain link fence at 2513 Windsor . ................................................ 115 352 June l7—Zayre Snack Bar, Granted Cigarette Permit . ................ July 22—Zimmer, Mrs. Christine etal, objecting to proposed building on corner of Alpine St. & University Ave. 395, 404 Regular Session, January 7, 1974 CITY COUNCIL OFFICIAL Regular Session, January 7, 1974• Council met at 7:30 P.M. (C.T.D.) Lundh. Carried by the following vote: Yeas -- Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nava --None. Present Mayor Bitter, Coun• cilmenJustmann, Moldenhauer, Pregler, Thorns. City Manager Gil - Bert D. Chavenelle. Mayor Bitter called the meeting to order and stated that this is the REGULAR MONTHLY MEETING of the City Counciland also the FIRST MEETING Oi TTHEFIacting EAR, for the purpose of upon such business as may prop- erly come before the meeting. Retiring Mayor Bitter and Coun- cilmen Wayne A. Moldenhauer and sen - Walter A. Pregler, expressed timents of appreciation before leaving the Council Chamber. City Clerk Frommelt adminis- tered the oath of office to the newly elected Councilmen James E. Brady, Alvin E. Lundh and Emil Stackis. Councilman Justmann moved to place himself in nomination for the office of Mayor for the en- suing year. Motion died for lack of a second. At 7:50 P.M. Council- man Thorns moved that the Coun- cil retire into executive session to nominate a Mayor for he, ensuing year. Seconded by ythe following man Lundh. Carried by vote: Yeas — Councilmen Justmann, Lundh, Stackis. Thorns. Nays --Councilman Brady. The Council reconvened in regu- lar session at 8:17 P.M. Council- man Lundh moved that Council- man Allan T. Thorns be elected to serve as Mayor for the ensuing year. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Councilmen Brady, Lundh, Stackis, Thorns. Nays—None. Abstained — Councilman Just - mann. City Clerk Frommelt adminis- tered the oath of office to Mayor Thoms. Councilman Brady moved that Councilman Justmann be elected to serve as Presiding Of- ficer Pro Tem for the ensuing year. Seconded by Councilman RESOLUTION NO. 1-74 Providing for the Appointment of a City Manager, City Clerk, and City Solicitor for the City of Dubuque, Iowa: providing their salaries and fixing their bonds. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the following officers be appointed, subject however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or without cause, and to be paid the compen- sation provided in the budget ap- proved October 1.0, 1973, and that the City Manager provide a bond in the amount of $5,000, and the City Solicitor provide a bond in the amount of $1,000 at their own expense and that the City Clerk be covered under the Blanket Honesty Bond of the City. City Manager Gilbert D. Chave- nelle City Clerk Leo F. Frommelt City Solicitor R. N. Russo Passed, adopted and approved this 7th day of January 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thorns administered the oath of office to the Manager, Clerk and Solicitor. RESOLUTION NO. 2-74 A Resolution Designating the Official Newspaper of the City of Dubuque, Iowa. Regular Session, January 7, 1974 BE IT RESOLVED by the City of Dubuque, Iowa: That "THE TELEGRAPH HERALD" a daily newspaper of gen- eral circulation, be appointed the official newspaper of the City. Passed, adopted and approved this 7t.h day of January 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 3-74 BE IT RESOLVED by the City of Dubuque of Dubuque County, Iowa: That we do hereby designate the following named banks to be depositories of the City of Du- buque funds in amounts not to ex- ceed the amount named opposite each of said designated deposi- tories and the City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the as!vreeate the amounts named for said banks as follows, to -wit: American Trust & Savings Bank, Dubuque, Iowa, Maximum De- posit in effect under prior reso. lution, $5,000,000; Maximum De- posit under this resolution, $5,000.000. Dubuque Bank & Trust Company, Dubuque, Iowa, Maximum De- posit in effect under prior reso- lution, $5,000,000; Maximum De- posit under this resolution, $5,000,000. First National Bank of Dubuque, Dubuque, Iowa, Maximum De- posit in effect under prior reso- lution, $5,000,000; Maximum De- posit under this resolution, $5,000,000. Key City Bank & Trust Company, Dubuque, Iowa, Maximum De- posit in effect under prior reso. lution, $5,000,000; Maximum De. posit under this resolution, $5,000,000. The vote on the resolution is as follows: Yeas—Allan T. Thoms, Mayor, James E. Brady, C. Robert Just - mann, Alvin E. Lundh, Emil Stack - is, Councilmen. Nays—None. Dated at Dubuque, Iowa, this 7th day of January, 1974. Leo F. Frommelt SEAL The amount authorized by this resolution is hereby approved. /s/ Maurice E. Baringer 1/16/74 Treasurer of State. Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh, Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady. Justmann, Lundh, Stackis. 'Ways—None. Communication of General Driv- ers & Helpers Union, Dubuque Po- lice Protective Ass'n., Operating Engineers Local 758, Dubuque Pro- fessional Firefighters Ass'n., re- questing a meeting with the City Council due to the information submitted by Mr. Bockes that an impasse has been reached in ne- gotiations, presented and read. Councilman Stackis moved that a meeting be held on Friday, Jan- uary 11th at 4 P.M. Seconded by Councilman Brady. Carried by the following vote: Mayor Thoms, Counelmen Brady, ho,:.niann. Lundh, Stack - Nays --None. January 2, 1974 To the Honorable Mayor and City Council As City Manager I wish to ad- vise your Honorable Body that all c , s „nd .,mpioye vs who I have power to appoint and are under my supervision, direction and con- trol, and whose appointments con- tinue at the pleasure of the Man- ager and who are now serving in their respective capacities, shall be paid salaries in accordance with the detailed distribution of proposed expenditures for 1974 i which the Council established at the time of budget hearing and adoption, and in accordance with the attached "City of Dubuque 1973 Wage and Salary Plan" and supplemental rate sheets modify- Regular Session, January 7, 1974 3 ing pages 31, 32, 33 and 34 of the 1973 plan. Since additional wages and bene- fits over the 1974 budget have been offered and are under con. sideration by employee groups, further wage proposals will be brought before the Council. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 2, 1974 To the Honorable Mayor and Members of the City Council An Ordinance has been prepared allocating and making appropria- tions of tax levies and other sources of revenue for expendi- tures of the City Government of the City of Dubuque, Iowa, for the 1974/75-18 months period begin. ning January 1, 1974,and ending June 30, 1975, and authorizing cer- tain transfers of funds. This Ordinance is in accord with the budget expenditures adopted by the City Council on October 10, 1973. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the ?omunication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None, ORDINANCE NO. 1-74 An Ordinance Allocating and Making Appropriations of Tax Levies and Other Sources of Revenue to the Expenditures of City Government for 1974-1975, 18 Month Period from January 1, 1974 to Jane 30, 1975, pre- sented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Brady moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 1.74 An Ordinance allocating and making appngttiations of tax levies and other sources of revenue to the expenditures for City Government in the City of Dubuque, for the 1974-1975-18 months period, beginning January 1, 1974, and ending June 30, 1975, and authorizing certain transfers of funds. Be it ordained by the City Celuncil of the City of Dubuque: Section 1. That there is hereby allocated and appropriated from the estimated revenues from all tax levies in the City of Dubuque, together with the estimated re- ceipts from sources other than taxation, and unencumbered balances from the fiscal year of 1973, all as hereinafter set forth, to the payment of the necessary expenditures of the city government in the following amounts and for the purposes set forth in this ordinance and to that end the transfers of funds as hereinafter set forth are here- by authorized, to wit: CITY OF Fund General Street Public Safety Sanitation Municipal Enterprise Recreation Utilities Revenue Sharing Functional -Sub Total Debt Service DUBUQUE BUDGET ALLOCATION 1974.75 — 18 Months Period Levy in From Moc. t'nencumb. Total Mills Taxa Revenue Balances Approp. _ 5.143 641,901 862,oi0+ 22,500 1,526,451 2.269 262,759 28,198 10,000 300,937 15.757 1,824,723 797,6984--}- 120,500 2,742,921 3.825 442,950 6$1,232 10,000 1,104,182 3.%12 406,704 273,397 51,071 731,172 6.717 777,8$3 210,89$ 24,000 1,012,750 2.4$4 281,183 1,777,997 6,000 6 170 1,487,563 147.000 1.614,563 40.077 4,641,075 6,089,020 391,071 11,121,166 10.846 1,256,010 5,95$ 1,261,96$ Regular Session, January 7, 1974 , Levy in 4 Misc. Trust and Agency 15.849 1,835,377 6,649 24,000 $1,301 194 1,866,026 $1,495 443 Tort Liability - 1,540,527 253,634 1,794,161 Sewer Rental ... - - - - 1,455,641 Street (Road Use Tax) -- 1,455,641 431,817 Parking Facilities 431,817 Total 67.21E 7,763,763 9,529,803 668,705 17,982,271 Includes $ 48,013 State Replacement of Frozen Montes and Credits Tax + ++ Includes $375,000 Transfer from I..iquor Profit Fund 9.684 $ 45,000 Transfer from Fire Station Construction Fund 553,822++ 1974 CITY OF DUBUQUE BUDGET ALLOCATION 2.518 January 1 1974 through December 31, 1974 430,285 Fund , Levy in From Misc. mills Revenue General --Taxes- 3.407 394,586 589,565 -{- Street ......... 1.503 173,999 18,858 Public Safety 9.684 1,121,399 553,822++ Sanitation _ _. _.... 2.518 291,597 430,285 Municipal Enterprise .......... 2.310 267,532 182,766 Recreation _ -. • 4.451 $15,448 144,702 U 'li$t$ cs ............ 1.609 186,317 1,201,853 E.I ....... _. Revenue Sharing ._ ..... . _... Functional -Sub Total Debt Service Trust and Agency Tort Liability Sewer Rental - Street (Road Use Tax) Parking Facilities m,013 2,01 3 25.482 2,950,878 4,073,864 7.383 855,017 3,948 10.341 1,197,516 4,510 .294 34,090 105 1,043,527 970,241 287,917 Unencumb. Balances 10,000 100,000 34,674 15,000 4,000 147,000 310,674 20,000 189,234 Total 994,151 192,817 1,775,221 721,882 484,972 675,150 1,392,170 1,099.01 3 7,335,416 859.96$ 1,222,026 34,195 1,232,761 970,241 287,917 Total __ .. 43.500 5,037,501 6,384,112 $ 19,908 11,941,521 + Includes $ 32,013 State Replacement of Frozen Monies and Credits Tax ++ Includes $2s0,000 Transfer from Liquor Profit Fund $ 45,000 Transfer from Fire Station Construction Fund 1975-6 MONTHS CITY OF DUBUQUE BUDGET ALLOCATION January 1, 1975 through June 30, 1971 Fund Levy in From Misc. Unencumb. 'Total Mills Taxes Revenue _Balances Approp. General 2.136 247,315 272,485-+ 12,500 532,300 Street .766 88,760 9,340 10,000 108,100 Public Safety 6.073 703,324 243,876-}--}- 20,100 967,700 Sanitation 1.307 151,353 220,947 10,000 382,300 Municipal Enterprise 1.202 139,172 90,631 16,)97 246,200 Recreation _ . 2.266 262,407 66,193 9,000 337,600 Utilities .845 97,866 576,134 2,000 676,000 Revenue Sharing 535,550 535,550 Functional -Sub Total 14.595 1,690,197 2,015,156 80,397 3,785,750 Debt Service 3.463 400,993 2,007 40),000 Trust and Agency 5.508 637,861 2,139 4,000 644,000 Tort Liability .149 17,211 89 17,300 Sewer Rental 497,000 64,400 $ 61,400 Street (Road Use Tax) 485,400 485,400 Parking Facilities 143,900 143,900 Total 23.715 2,746,262 3,145,695 148,797 6,040,750 + Includes $ 16,000 State Replacement of Frozen Monies and Credits Tax ++ Includes $125,000 Transfer from liquor Profit Fund Section 2. General Miscellaneous Revenues. C,eneral miscellaneous rev- enues which are collected during the fiscal period $11211 bC alhKatCd to the funds and purpose as provided for herein and shall be used for the payment of the expenses of such funds and purposes in the sums herein shown. Section 3. Surplus. Any surplus not specifically allocated for a definite purpose in the budget shall be and the same is hereby appropriated and set apart to be applied as contingencies arise or may be used for such proper purposes as the Council may determine upon. Nothing herein contained dull authorize the trans. fer of funds realized from taxes to 2 fund or purpose for which any tax levy has not been made, except only with the approval of the State Comptroller. Section 4. Delinquent Tax Collections. Delinquent prior year's tax col- lections shall be allocated to the respective funds niost logically including the purpose for which the tax was levied when and as the same are received by the City Treasurer. Regular Session, January 7, 1979 5 Section S. This ordinance shall be in force and effect from and after its final passage- adoption and approval by the City Council and publication as provided by law, and the appropriations herein provided shall be available when transferred to their respective funds. Section 6. This ordinance provides for the salary of each Councilman to be established, fixed and paid in the amount of $2,000.00 per year for each Councilman respectively, in accordance with and pursuant to Resolution No. 392-71 of the City Council passed and adopted on the 20th day of December, 1971. Passed upon first reading this 7th day of January, 1974. Passed, adopted and approved upon final reading this 7th day of January, 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Herald newspaper this loth day of January, 1974. Leo F. Frommelt City Clerk it. 1-10 Councilman Brady moved final adoption of the Ordinance. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. December 28, 1973 To the Honorable Mayor and Members of the City Council We hereby submit personal bonds for the City Manager and City Treasurer and desire to have your approval on same. Gilbert D. Chavenelle, City Man- ager, Midwestern Casualty & Surety Co. Bond No. FO -55380 .............................................. $5,000 Gerald laird, City Treasurer, The Ohio Casualty Insurance Co. Bond No. 1653565 ............$50,000 Gilbert D. Chavenelle City Manager Councilman Justmann moved ap- proval for filing. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. December 21, 1973 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasur- er, Water Superintendent, Health Department, as well as a list of claims paid, for the month of No- vember 1973. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the reports be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Statement o± Receipts and Disbursements and list of claims for November 1973, presented and read. Councilman Justmann moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. December 27, 1973 Honorable Mayor and City Council An improvementof the street lighting at the intersection of North Grandview and North Grand. view Avenue has been requested, off Kaufmann Ave. The area has been observed, and it is recommended that three 4,000 lumen incandescent fixtures be re- placed with 175 watt mercury va- por fixtures and that one new 175 watt light be added. Gilbert D. Chavenelle City Manager Councilman Justmann moved ap- proval of the recommendation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Council- Regular Session, January 7, 1974 6 men Brady, Justmann, Lundh, I Code of Iowa, as amended, the Civil Service Commission conduct- . StackisNays. ed entrance examinations on Sep - None. Nays --None. proceedings for er 19, 1973, for applicants Printed Council August and Septern lions on the Fire De- the months of ber 1973 presented for app Justmann moved that parkm .nt.in The following named applicants Councilman Council Proceedings for Au- have passed•rand the gust. and September 1973 be ap- Seconded by physical examinations and hereby certified for appointment proved as printed. Councilman Stackis. Carried by to the Fire Department. the following vote: Mayor Thoms, Council- Burris, Ben F........................80n( Kutsch, Patrick L . ................79% Yeas — Brady, Justmann, Lundh, Schiesl, Roger J .....................77% men Gerard B. Noonan Stackis. Nays --None. January 2, 1974 Chairman Louis F. Fautsch Honorable Mayor and Civil Service Commission City Council to you the petition of Attest: Leo F. Frommelt I return Dir. F. P. Raymond requesting the a walk off Cherokee Clerk Subscribed and sworn to before vacation of Drive and the letter from the Plan- me this 27th day of December ning and Zoning Commission rec- 1973. the vacation. You re- Violet Savary ommending ferred the matter to me Lo contact. Notary Public Mr. Raymond and find out the ar- Councilman Justmann moved rangements for disposing of the that the communication be re - ceived and made a matter of ree- vacated walk, 1 recommend to you that the ord. Seconded by Councilman walk be vacated which abuts the Stackis. Carried by the following length of Mr. Raymond's lot and that city interest in the property vote: Yeas — Mayor Thoms, Council - be conveyed to Mr. Raymond sub- men Brady, Justmann, Lundh, ject to the following conditions: Stackis. 1. That the owner of Lot 1 of 6 Nays—None. (which also abuts the walk) dis- December 27, 1973 claims in writing any interest in To the Honorable Mayor and obtaining the vacated property. Members of the City Council 2. That a plat of the vacated In accordance with the provi- walk property be made by the City sions of Chapter 365 of the 1973 Engineer and that this cost be Code of Iowa, as amended, the paid by Dir. Raymond. Civil Service Commission conduct - 3. That Mr. Raymond pay all ed entrance examinations on Sep - costs of notices, recording fees or tember 26, 1973, for applicants other costs of this transaction, seeking positions on the Police De - if you approve this transaction partment. the matter should be referred to The following named applicant the City Solicitor for proper pro- has passed both the written and ceedin,gs. physical examinations and is here - Gilbert D. Chavenelle by certified for appointment to City Manager the Police Department. Councilman Justmann moved ap. Driscoll, Terrence L . ............77% proval of the recommendation. Sec- Gerard B. Noonan onded by Councilman Stackis, Car- Chairman ried by the following vote: Louis F. Fautsch Yeas — Mayor Thorns, Council. Civil Service Commission men Brady, Justmann, Lundh, Attest: Stackis. Leo F. Frommelt Nays ---None. Clerk December 27, 1973 Subscribed and sworn to before To the Honorable Mayor and me this 27th day of December Members of the City Council 1973. In accordance with the provi. Violet Savary sions of Chapter 365 of the 1973 Notary Public Regular Session, January 7, 1974 Councilman Justmann moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays--None- communication of Dubuque Life Insurance Co. submitting a pro- posal to purchase only that part of the city -owned property adja- cent to Brammer's store property at University & Delhi, which has been improved as a parking lot, presented and read. Councilman Brady moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mr. Joseph Rauch voiced objec- tion to the occupancy of the Bram. mer property by the American Le- gion to be used as an open bar. Mr. Tom Walsh stated that any licensed bar would change the character of the neighborhood. Councilman Brady moved that the communication of the Dubuque Life Insurance Co, be referred to the City Manager. Seconded by Mayor Thorns. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of I.ow-Rent Housing Commission submitting minutes of their meeting of De- cember 18, 1973, presented and read. Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Playground & Recreation Commission submitting minutes of their meeting of De- cember 3, 1973, presented and read. Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Robert J. Paisley objecting to a proposed land fill at the Dubuque County Home site, presented and read. Ma- yor Thorns moved that the com- munication be received and filed and referred to the Engineering Department. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of James Lex ob- jecting to the proposed land -fill at the Dubuque County Home area, presented and read. Mayor Thorns moved that the communication be received and filed and referred to the Engineering Department. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Stackis. Nays—None. Communication of Donald Pae - per of R. R. #2 stating that if you want to make Dubuque a really smelly place to live then put the land fill on County Home prop- erty, presented and read. Mayor Thorns moved that the communi- cation be received and filed, and referred to the Engineering De- partment. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Cuoncil- men Brady, Justmann, Lundh, Stackis. Nays. -None. Communication of Warren Hum- ke objecting to the proposed land fill at the County Home and re- questing rejection of any further consideration of the site as a land fill, presented and read. Mayor Thorns moved that the communica- tion be received and filed, and re- ferred to the Engineering Depart man ment. Seconded by Brady. Carried by the following vote: Yeas — Mayor Thorns , Council. men Brady, Justmann, Lundh, Stackis. Nays—None. Regular Session, January 7, 1974 Mr. Andrew Grevas, Mayor of Asbury, voiced his objection to the proposed land fill site at the Coun- ty Home. Mr. Ren Siegert of R. R. the propalso osed County Home On to land the pt'ol fill site. Mr. William Stamp, a resident living within one-half mile north of the proposed land fill site pre- sented a map showing prevailing winds in the area which should be considered as a prime factor in the selection of any land fill site. The proposed area would be but one and one-half miles from Hemp- stead School and also would be close to the proposed annexation now being considered by the City. Communication of Planning & Zoning Commission submitting minutes of their meeting ember 19, 1973, presented and read. Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- Yeas Brady, Justmann, Lundh, Stackis. Nays—None. January 2, 1974 sion has elected not to conduct a public hearing on this petition and has recommended that it be de- nied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved ap- proval of the recommendation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Year, — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 2, 1974 Honorable Mayor and City. Council At your meeting of November 26, 1973, you referred to the Plan- ning and Zoning Commission the petition of Mike McCarthy of Du- buque Realty requesting commer- cial use on property described as Lot 1 of the Sub. of Lot 229 Union Addition; Lots 3, 4, and 5 of Stout's Dubuque Addition of Min- eral Lot 54 in the City of Dubuque, Iowa, which property is located at 289 South Locust Street. The Commission has determined that the commercial use requested in the petition can be obtained only through the extension of the Heavy Industrial District located on the east side of South Locust Street. Because of the topographi. cal limitations of this property, and because of the extent of ad- joining residential uses, the Com- mission has determined that the expansion of the Heavy Industrial zoning district to include this prop- erty and others on the west side of South Locust Street is not ap- propriate at this time. Therefore, the Planning and Zoning Commis. Honorable Mayor and City Council At your regular meeting of De- cember 17. 1973, the City Council adopted a Resolution approving the Articles of Agreement of the pro- posed East-Central Intergovern- mental Association. At that time, and on behalf of the Planning and Zoning Commission, I addressed the Council urging your participa- tion in the multi -county regional planning organization, and stress- ing its importance to our Commis- sion and to the work of other agen- cies of City government. It was also noted that the pres- ent Dubuque County Metropolitan Area Planning Commission would continue to function during the formative period of the proposed multi -county regional planning or- ganization, and would perhaps be retained as an adjunct to that larg- er body in the future. We reported that the Articles of Agreement of the present Du- buque County Metropolitan Area Planning Commission had speci- fied that a member of the Plan- ning and Zoning Commission, and one other person from the City of Dubuque, were to be appointed as our representatives to that orga- nization, and that we are current, ly lacking in this representation. Recent federal and state initia- tives point to a growing role for regional planning and develop- ment. The City of Dubuque, as the principal urban center for both the county -wide and multi -county re- gions, has a vital interest in the work of the two regional planning organizations. In this regard, I had urged your immediate consideration of a pro- Regular Session, January 7, 1974 9 posal for appointment of City rep- j'inthe anxount of 5192.55 alleging resentation on both bodies. That said damages occurred on Novem- proposal was that the Mayor of iher 28, 1973 on Foye Street as the the City of Dubuque and the Chair- result of his striking a wire fence man of the Planning and Zoning in the said street at 10:00 P.M. and Commission be designated as rep- causing personal injuries to him resentatives to the Dubuque Coun- and damages to his cycle. ty Metropolitan Area Planning This matter was referred to the Commission for 1974. City Attorney's office who has de - While the Articles of Agreement termined that there appears no for the East-Central Intergovern- actionable negligence on the part mental Association fail to specify of the City and in view thereof, it representative apportionment to is the recommendation of the City member units of government, I had Attorney that said claim be de - also urged that the Council go on stied• record with a request for the same Original claim is returned here appointments to the multi -county with. planning organization. This propos- R. N. Russo al also included a suggestion that City Attorney the City Manager and the City De- Councilman Justmann moved ap- velopment Planner be formally proval of the recommendation. Sec - designated as alternates in the ab- onded by Councilman Lundh. Car- sence of the Mayor or Commission ried by the following vote: Chairman. respectively. Yeas — Mayor Thorns, Council - Because of the pending meetings men Brady, Justmann, Lundh, of both the county -wide and multi- Stackis. county planning organizations, I Nays—None. hereby request your favorable con- December 27, 1973 sideration of this proposal at this time. Honorable Mayor Respectfully submitted, and City Council Richard Friedman, Chm. On June 11, 1971, Leonard D. Dubuque Planning and Clark of 1293 Curtis Street this Zoning Commission city, filed claim against the City Councilman Brady moved that of Dubuque in the amount of $424.77 alleging damages to his mo - the Mayor and Chairman of the Planning & Zoning Commission be for vehicle on June 10, 1971 as appointed to the Metro Area Plan- the result of striking a loose man- intersection of ning Commission and the City Man- ager and City Planner be appoint- hole cover at the State and Curtis Streets in Du - ed as alternates. Seconded by Ma- yor Thorns. Carried by the follow- buque, Iowa. This matter was referred to the ing vote: City Attorney, who, after investi- Yeas -- Mayor Thorns, Council- gation of said claim, denied same. men Brady, Justmann, Lundh, Subsequently, claimant filed an Stackis. action in the District Court in and Nays—None. for Dubuque County, Iowa, being Councilman Brady moved that Law. No. 39278, wherein said claim - the same people be appointed to ant is plaintiff and the City of the Multi County Planning Assn. Dubuque, Iowa is named defend - Seconded by Mayor Thorns. Mayor ant, and wherein plaintiff prayed Thorns moved to table the second for judgment for damages in the motion. Seconded by Councilman amount of $424.77 together with Justmann. Carried by the follow- interest and costs and claiming his ing vote: cause of action damages to his mo - Yeas — Mayor Thorns, Council- for vehicle arising out of the in - men Justmann, Lundh, Stackis. cident for which claim was filed Nays—Councilman Brady. on June 11, 1971. Said matter was December 17, 1973 referred to the City Attorney's of- Iionorable Mayor fice who filed the appropriate de - and City Council fenses and plaintiff, through his has an offer of set - On December 13, 1973, Robert Vogt of 670 Kane Street filed attorney, made tlement of said claim in the claim against the City of Dubuque amount of $212.38. Regular Session, January 7, 1974 January 7, 1974 Therefore, it is the recommen. I Stackis. Carried by the following dation of the City Attorney that offer of settlement be accept- vote: Yeas — Mayor Thoms, Council- said ed, and that the City Auditor be Brady, Justmann, Lundh, instructed to draw warrant pay- the Sten Nays. None. able to Leonard D. Clark in amount of $212.38 and forward AN ORDINANCE Amending Or. same to the City Attorney for de- dinance No 3-34 known as the livery upon receipt of duly exe- cuted release and dismissal of said of the City of Dubuque, Iowa, by action. amending Article X thereof by re- Original claim together with pealing the definition of Drive-In Original Notice with petition at- licstaurant and enacting a new def. tached are returned herewith. inition of a Drive-In Restaurant, R. N, Russo presented and read. City Attorney Mayor Thoma moved that the Councilman Justmann moved ap- reading just had be considered the of the recommendation. Sec- first reading of the Ordinance. proval onded by Coun-ilman T:undh. Cay Seconded by Councilman Stackis. ried by the following rote: Carried by the following vote: Yeas — Mayor Thoms, Council- Yeas — Mayor 1 homy, Council- men Brady, Justmann, Lundh, men Brady, Justmann, Lundh, Stackis. Stackis. Nays—None. Nays—None. Notice of claim of. Mary L. Ruro- Mayor Thoms moved that the den, in the amount of $68.83, for rule requiring an Ordinance to be car damage incurred as the result read on three separate days be of being struck by a city-owned waived. Seconded by Councilman vehicle at 17th & White Street on Stackis. Carried by the following December 27, 1973, presented and vote: read. Councilman Justmann moved Yeas — Mayor Thoms, Council- that the notice of claim be re- men Brady, Justmann, Lundh, ferred to the City Attorney for in- Stackis. vestigation and report. Seconded gays—None. by Councilman Lundh. Carried by Mayor Thoms moved that a pub- the following vote: lic hearing be held on the Ordi- Yeas — Mayor Thoms, Council- nr.nce on February 4, 1974, at 7:30 men Brady, Justmann, Lundh, o'clock P.M. in the Council Cham- Stackis, ber at the City Hall and that the Nays—None. City Clerk be instructed to pub- January 2, 1974 lish notice of the hearing in the Honorable Mayor and manner required by law. Seconded Councilmen by Councilman Stackis. Carried by The City of Dubuque Planning the following vote: Yeas — Mayor Thoms, C:ouncil- and Zoning Commission has held men Brady, Justmann, Lundh, a public hearing on a proposed Stackis. amendment to Article X of Ord i- Nays—None. nance No. 3.34, providing for a Petition of Manternach Develop new definition the term "Drive. ment Co. requesting a zoning In Restaurant," herewith at. t- as herewith change from Multiple Residence tacked. The Commission has de- District Classification to Local Bus. nei that the proposed deof iness "B" classification on a cer- nititero e a proper reflection of tain portion of Terrace Heights thei the intent of the original Mobile Home Park, presented and nance and has voted unanimously usly read. Mayor Thoms moved that the to recommend your adoption of it. petition be referred to the Plan- City Planning and ning & Zoning Commission. Sec- Zoning Commission onded by Councilman Lundh. Car- Daniel Dittemore ried by the following vote: Development Planner Yeas --- Mayor Thoms, Council- I Mayor Thoms moved that the men Brady, Justmann, Lundh, communication be received and Stackis, filed. Seconded by Councilman Nays—None. Regular Session, January 7, 1974 11 Petition of Ramona Fettgather unexpired portion of cigarette li- requesting a refund of $422.50 on cense No. 243, as he has discon- the unexpired portion of Beer-Liq- tinued business on December 31, uor Combination License No. C- 1973, presented and read. Council - 2985 as she has discontinued bus- man Justmann moved that the re- iness on December 5, 1973, pre- fund be granted and the Auditor sented and read. Councilman Just- instructed to issue proper warrant. mann moved that the refund be Seconded by Mayor Thorns. Car - granted and the Auditor instructed tied by the following vote: to issue proper warrant. Seconded Yeas — Mayor Thorns, Council - by Mayor Thorns. Carried by the men Brady, Justmann, Lundh, following vote: Yeas — Mayor Thorns, Council- Nays—None. January 2, 1974 men Brady, Justmann, i.undhI Stackis. Nays—None. Petition of Dubuque Motor Ho- tels Inc. requesting a refund of $633.75 on the unexpired portion of Beer -Liquor Combination Li- cense No. S -B-1060, as they have discontinued business on October 4, 1973, presented and read. Coun- cilman Justmann moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Thorns. Car. ried by the following vote: Yeas — Mayor Th)ms, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Robert C. Barker re- questing a refund of $.50 on the unexpired portion of cigarette li- cense No. 161, as he has discon- tinued business on December 8, 1973, presented and read, Council- man Justmann moved that the re- fund be granted and the. Auditor instructed to issue proper warrant. Seconded by Mayor Thorns. Car- ried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Lew Gore requesting a refund of $211.25 on the unex- pired portion of beer -liquor li- cense No. 5020, as he has discon- tinued business on December 1, 1973, presented and read. Council- man Justmann moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Thorns. Car- ried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Eugene L. Kopp, re- questing a refund of $50 on the Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered a proposal to amend the Urban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-15, to allow multiple -fam- ily residential use as an additional land use over and above first floor permitted uses in structures in Block 12, Block 13, Block 17 and Block 18 in Redevelopment Area II. The Commission has determined that such additional permitted land use is in accordance with the intent of the general plan for the development of City of Dubuque and would conform to present and proposed zoning ordinances as they may apply to the project area. The findings and determination of the City of Dubuque Planning I and Zoning Commission are set - forth in its attached Resolution No. 1.73. The Commission has rec- ommended your approval of this proposed amendment to the Urban Renewal Plan. City Planning and Zoning Commission Daniel Dittemore Development Planner RESOLUTION NO. 1-73 WHEREAS, pursuant to Section 403.5 (2) of the Code of Iowa, as amended to date, the Dubuque Planning and Zoning Commission on the 16th day of February, 1967, adopted their Resolution No. 2, which found and determined that the Urban Renewal Plan for the Downtown Urban Renewal Proj- ect, Iowa R-15, conformed to the general plan for the development of the City of Dubuque, Iowa, as a whole; and that WHEREAS, it is proposed the said Urban Renewal Plan be 12 Regular Session, January 7, 1974 amended to permit multiple fam- ily residence as an additional land use for that, portion of the said Project identified as Redevelop- ment Area 5; now therefore BE IT RESOLVED BY THE DU- BUQUE PLANNING AND ZON- ING COMMISSION: SECTION 1. That it is hereby found and determined that the Urban Renewal Plan, as amended, for the Downtown Urban Renewal Project, Iowa R-15, permitting mul- tiple family residence as an addi- tional land use over and above first floor permitted uses in struc- tures for Redevelopment Area 5, does conform to the general plan for the development of the City of Dubuque, Iowa as a whole. SECTION 2. That it is hereby found and determined that multi- ple family residence as an addi- tional land use in Redevelopment Area 5 does conform to the pres- ent and proposed zoning ordi- nances for the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of December, 1973. Frank J. Glab Secretary Councilman Justmann moved that the communication be re- ceived and filed and the resolu- tion be made a matter of record. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 2, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered a proposal to vacate a por- tion of platted West Sixth Street now known as Lot `A" of Block 16 in Dubuque Downtown Plaza, according to the attached plat thereof. The Commission has determined that this portion of platted West Sixth Street is no longer neces. sary for public right-of-way pur- poses, and has instructed its Sec- retary to endorse the Planning and Zoning Commission approval on the plat vacating said prop- erty. The City of Dubuque Plan. ning and 'Zoning Commission has also recommended your approval of this plat. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Stackis moved ap- proval of the recommendation. See. onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 2-74 An Ordinance vacating a por. tion o6 West Sixth Street in the Downtown Urban Renewal Proj- ect Area, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 2.74 VACATING A PORTION OF WEST SIXTH STREET IN THE DOWN- TOWN URBAN RENEWAL PROJ- ECT AREA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a loan and Capital Grant Contract for the undertaking of the Downtown Urban Kenewal Project, Iowa R -Is; and WHEREAS, the City of Dubuque, pur- suant to the Urban Renewal Plan for said Project, has acquired real estate, «- located site occupants, demolished and removed site improvements, and has oth- erwise prepared certain land for reuse purptnes; and WHEREAS, in order to dispose of said land for redevelopment in accordance with said Urban Renewal Plan, it is nec- essary that r portion of a Certain street in the Project Area be vacated; and WHEREAS, the Planning and 'L.tming Commission of the City of Dubuque, Iowa, has recotnmended the vacation of Regular Session, January 7, 1974 13 a portion of West Sixth Street in the City of Dubuque, as said street is no longer needed for public right-of-way purposes, now therefore I BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That that part of West Sixth Street commencing at the north- westerly corner of Lot 2 of Block 16 in Dubuque Downtown Plaza, being the point of beginning, thence North 67 de- grees 30' East + — 113.97 feet along the southerly street line of West Sixth Street, thence North 22 degrees 30' West + 12.00 feet, thence South 67 degrees 30' West + —, 113.97 feet, thence South 22 degrees 30' East + 12.04 feet to the point of beginning; all in the City of Dubuque. Iowa, be and the same is here- by vacated. SECTION 1. That the City Clerk be and he is hereby authorized and directed to file a copy of this Ordinance in the Office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of January, 1974. Allan T. Thorns Mayor Alvin E. Lundie Emil Stackis .James E. Brady C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the 'telegraph Llenld Newspaper this 11th day of Jan- uary, 1974. Leo F. Frommdr City Clerk Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 4-74 Approving a Plat of Portions of Vacated Streets and Alleys in the Downtown Urban Renewal Project Area WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has vacated portions of certain streets and al- leys to prepare land for reuse purposes; and WHEREAS, a plat subdividing a vacated portion of West Sixth Street into a city lot in the City of Dubuque, Iowa, has been ex- amined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the plat dated December 12, 1973 subdividing a vacated portion of West Sixth Street into Lot A of Block 16 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, by Carl F. Bartels, a licensed Professional Civil Engineer and Land Surveyor, be and the same L9 hereby ap- proved. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of January, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms. Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 5-74 Fixing the Date of Public Hear- ing for an Urban Renewal Plan Change for the Downtown Ur- ban Renewal Project, Iowa R-15 14 Regular Session, January 7, 1974 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract, Contract No, Iowa R,15 (LG), as amended to date, for the undertaking of the Downtown Urban Renewal Project, Project No, Iowa R-15 (herein called the "Project„); and WHEREAS, pursuant to said con- tract, as amended, the City of Du- buque is carrying out the Project in conformance with the approved Urban Renewal Plan for the Proj- ect; and WHEREAS, it is deemed to be in the best interest of both the Project and the City of Dubuque to effectuate a plan change to the approved Urban Renewal Plan for the Project; and WHEREAS, the proposed plan change is of the nature which re- quires a public hearing as set forth in Section 403.5 of the 1966 Code of Iowa, as amended to date, and in conformance with the ap- propriate policies and regulations of the United States Department of Housing and Urban Develop- ment; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That a public hear- ing on a proposed plan change to the approved Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, will be held at 7:30 P.M. on March 4, 1974 in City Council Chambers, City Hall, 13th and Iowa, Dubuque, Iowa. SECTION 2. That the City Clerk be and he is hereby authorized and directed to publish notice of public hearing in the form and style of "Exhibit A” attached hereto and made a part hereof, Passed, approved, and adopted this 7th day of January, 1974. Allan T. Thorns Mayor Alvin E. Lundlt Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: IA(O F. Frommelt City Clerk LEGAL NOTICE OF HEARING Proposed Urban Renewal plan Change — Downtown Urban Renewal Project. Notice is hereby given that a public hearing will be conducted by the City of Dubuque on a pro- posed Urban Renewal Plan change. Said hearing will be held in City Council Chambers, City Hall, Du- buque, Iowa, at 7:30 P.M. on the 4th day of March, 1974. All property owners within the Project Area as hereinafter set forth shall take notice that the proposed plan change is in con- nection with the Downtown Urban Renewal Project, Iowa R-15, which includes that area bounded as fol. lows: 4th Street on the south, Locust Street on the west, 9th Street on the north, and Central Ave- nue on the east. The purpose of this hearing is to consider a proposal to amend the approved Urban Renewal Plan to permit multiple family residen- tial use as an additional use for Blocks 12, 13, 17 and 18 in Du. buque Downtown Plaza in Rede- velopment Area 2. Said Develop- ment Area 2 is bounded in general by Fifth Street, the service road running north and south lo- cared between Locust and Main Streets, Town Clock Plaza (for- merly designated as Seventh Street), the service road running north and south located between :Main Street and Iowa Street, Sixth Street and Iowa Street, Any person or organization de- siring to be heard will be so given the opportunity at the hearing. Materials and further informa. tion is available for inspection at the office of Housing and Redevel. opment, Suite 10-B Fischer Build- ing, Dubuque, Iowa, between 8:00 A.M. and 5:00 P.M. except Satur- days, Sundays and Holidays. Tele- phone inquiries may be made at the Housing and Redevelopment Office, 588-0017. Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun oilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Just.mann, Lundh, Stackis. Nays—None. Regular Session, January 7, 1974 15 RESOLUTION NO. 6.74 Accepting Delivery of a Deed for the Downtown Urban Renew- al Project, Iowa R-15 WHEREAS, under date of July 26, 1987, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re-.. newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to authorization and di- erction of said Loan and Capital Grant Contract, has acquired for the public purpose of implement, ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That delivery of a deed to the City of Dubuque for the following described parcel of real estate in the Downtown Ur. ban Renewal Project, Iowa R-15, is hereby ratified and accepted by the City of Dubuque. GRANTOR: Jannetta A. McQuil- lan and Howard McQuillen. Deed dated November 30, 1973. Record. ed 9967-73. PROPERTY DESCRIPTION: North 10 feet 6 inches of Lot 18, and the South 11 feet 6 inches of Lot 19, in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of. (Parcel No. 11-5) SECTION 2. That the recording of the deed of conveyance of title in the Office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved and adopted this 7th day of January, 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justtnann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. December 26, 1973 Honorable Mayor and City Council Ordinance Number 66-70 re- quires that the City Manager an- nually prepare a delinquent list of Garbage and Refuse Collection accounts and to prepare a resolu- tion assessing the delinquent charges to the properties involved. Said resolution is submitted herewith. G. D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 7.74 Pursuant to Section 5 of Ordi- nance No. 66.70. WHEREAS, City Garbage and Refuse Collection from residential premises shall be mandatory: WHEREAS, the City Manager shall annually prepare a delin- quent list of persons failing to pay the monthly charge as re- quired: NOW, THEREFORE, BE IT RE- SOLVED that the delinquent Gar- bage and Refuse Collection charges be assessed against the following properties and in the amounts so listed: 2UO3 & 2005 Keyway Drive— Lot 2 of 2 & Lot 1-Blk 14A, Key Knolls Sub . ...... $182.00 2013 & 2015 Keyway Drive— 1,ot 2 of 3 & Loi 1 of Lot 2-Blk 14A, Key Knolls Sub. ....................................$182.00 2023 & 2025 Keyway Drive— Lot 2 of Lot4 & Lot 1 of Lot 3 - Block 14A - Key Knolls Sub . ........................$182.00 2053 & 2055 Keyway Drive— Lot 1 of Lot 5 & Lot 1 Of Lot 4 - Block 14A - Key Knolls Sub . ........................$182.00 16 Regular Session, January 7, 1974 2063 & 2065 Keyway Drive— Lot i of. Lot 6 & Lot 2 of Lot 5 - Block 14A - Kay Knolls Sub.........................$182.00 2093 & 2095 Keyway Drive— Lot 7 and Lot 2 of Lot 6 - Block 14A - Key Knolls Sub....................................... $182.00 Passed, adopted and approved this 7th day of January, 1974, Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 8.74 Resolution for Approval of City of Dubuque Audit for the Fiscal Year 1973. WHEREAS, Section 11.18, Code of Iowa, provides that the finan- cial condition and transactions of all cities and city officials shall be examined at least once per year; WHEREAS, examinations may be made by the Auditor of the State, or in lieu thereof, the local governing body may employ certi- fied public accountants, registered in the State of Iowa; and so notify the Auditor of State within sixty days after the close of the fiscal year to be examined: NOW, THEREFORE, BE IT RE. SOLVED that the Auditor of State be requested to audit the 1973 financial condition and transac- tions of the City of Dubuque, and that the audit of the financial condition and transactions of the Water, Parking Facilities and Sew- age Rental Funds be contracted with the CPA firm, O'Connor, Brooks and Company of Dubuque, Iowa. Passed, adopted and approved this 7th day of January, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol. lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of bevy of Special Assessment and Inten- tion of the City Council to issue bonds to pay for cost of construc- tion of North Algona Sanitary Sew- er, 8 inch, between University Ave- nue and Loras Boulevard, present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis, Nays—None. Statement of City Clerk certify- ing that notices of levy ;were mailed by certified mail on De- cember 3, 1973, to property own- ers of record subject to assessment to pay for cost of construction the North Alg3na street sanitary sew- er between University &. Loras Blvd. presented and read. Mayor Thoms moved that the statement be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, ,Justmann, Lundh, Stackis. Nays --None. Statement of Ray D. Rampson, certifying that notices of levy were posted on December 11, 1973, in the assessable area of North Al- gona street sanitary sewer between University & Loras Blvd. presented and read. Mayor Thoms moved that the statement be received and filed. Seconded by Coutu:ilman Regular Session, January 7, 1974 1 Stackis. Carried by the following vote: yeas -Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays --None. RESOLUTION NO. 9.74 Schedule of Assessments City of Dubuque, Iowa 1973 North Algona Sanitary Sewer -8 inch, between University Avenue and Loras Boulevard. RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for North Algona Sanitary sewer 8 inch --between University Avenue and Loras Boulevard by Tschiggfrie Excavating, Contractor in front of and adjoining the same, a special tax be and is hereby lev- ied on the several lots, and parts of lots, and parcels of real estate all as named situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the follow. ing schedule: Dorothy Arthofer, Lot So. 902-1-2-1-1-2 Mineral Lot 172 ........................................ $846.88 Francis J. & Bernice M. Furlong, I.ot No. 10'-2-2- 1-1-2 Mineral Lot 172 ...... 187.60 Francis J. & Bernice M. Furlong, Lot So. 40'-1-1- 1-2 Mineral Lot. 172 .......... 752.79 Ruth M. Weiler, Lot No. 40'- 1-1.1-2 Mineral Lot 172 .... 752.79 Edna M. Ryan, Lot 2-337 Woodland Park & 2-2 Min- eral I.ot 172 ...................... 752.79 Charles R. & Pearl L. Just - mann, Lot 1-337 Wood- land Park & 2.2 Mineral Lot 172 ..............................1.277.39 $4,570.24 274.93 lin. ft. 8" vitrified tile pipe @ $10.77 ..........$2,960.99 2 No. of 6" x 8" wyes Cu 12.00 .................................. 24.00 3 No, of 4" C.I. stub out of manhole C? 20.00 ... 60.00 13.29 lin. ft. concrete man- holes, complete, height in feet of sidewall @ 25.00 .................................. 332.25 3 No. of concrete man- holes, bases, complete 0 75.00 ............................ 225.00 3 No. of manholes, com- plete, rings & covers 01 60.00 .................................. 180.00 10.04 sq. yd. concrete driveway 6" 01 9.90 ...... 99.40 886.20 sq. ft. concrete sidewalk 4" Ca 0.90 ... 797.58 12.7 lin. ft. concrete curb & gutter (radius type) C 10.00 ............................ 127.00 143.57 sq, yd. sod, in place Cn , 2.00 ............................ 287.14 42.84 sq. yd. street re- placement: 21 Hot -Mix w/10" compacted 3/4" stone 0 9.54 .................. 408.70 Construction Cost ..........$5,502.06 Eng. & Insp. ...................... 251.68 7`" -52 days ...................... 55.63 Project Cost ..............$5,808.87 City Share .................. 1,238.63 Assessable ..................$4,570.24 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 7th day of January 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas -Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays --None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposal to authorize the issuance of sewer bonds in the amount of $4,570.24 to pay for assessed cost of con- structing the North Algona Sani- tary sewer, 8 inch, between Uni- versity Avenue and Loras Blvd., presented and read. Councilman Lundh moved that the proof of publication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas -Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays --None. RESOLUTION NO. 1044 Resolution providing for the is- suance of Sewer bonds for the purpose of providing for the Regular Session, January 7, 1974 payment of the assessed cost of City of Dubuque 1973 North Al- gona Sanitary Sewer -8 inch - between University Avenue and Loras Boulevard. Whereas the contract heretofore entered into by the City of Du- buque. Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $4,570.24 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor: and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 North Algona Sanitary Sewer --8 Inch -between University Avenue and Loras Boul- evard, there shall be issued sewer bonds in the amount of $4,500.00 Dollars in anticipation of the de- ferred payment of assessments lev- ied for such improvement. 2. Such bonds shall he called sewer bonds; and shall bear the date of February 7, 1974; and shall numbered consecutively; and they shall be numbered, divided in- to series, and be in such denomi. nations and for such maturity dates as are shown in the follow- ing table: Series No. 1 Series No. 2, Bond No. 1, Denomi. nation $500.00, Maturity April 1, 1975 Series No. 3, Bond No. 2, Denomi. nation $500.00, Maturity April 1, 1976 Series No. 4, Bond No. 3, Denomi- nation $500.00, Maturity April 1, 1977 Series No. 5, Bond No. 4, Denomi. nation $500.00, Maturity April 1, 1978 Series No. 6, Bond No. 5, Denomi. nation $500.00, Maturity April 1, 1979 Series No. 7, Bond No. 6, Denomi. nation $500.00, Maturity April 1, 1980 Series No. 8, Bond No. 7, Denomi. nation $500.00, Maturity April 1, 1981 Series No. 9, Bond No. 8, Denomi. nation $500.00, Maturity April 1, 1982 Series No. 10, Bond No. 9, Denomi nation $500.00, Maturity April 1, 1983 3. Said bonds shall bear interest at the rate of six per cent per an- num, payable annually in accord. ance with coupons thereto at. tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessments funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at. the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo ............................................. CITY OF DUBUQUE Swwr Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hun. dred dollars with interest thereon at the rate of six per cent per an- num, payable annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bund is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 7th day of January, 1974, being Resolution No. 10.74. This Bond is one of a series of 9 bonds, all for $500.00 numbered from 1 through 9, all of like tenor and date, and issued for the pur- pose of providing for the deferred payment of assessments levied for the City of Dubuque 1973 North Algona Sanitary Sewer ---8 Inch- Regular Session, January 7, 1974 19 between University Avenue and Loras Boulevard, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1298 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assesment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 7th day of January, 1974. (SEAL) ............................................................ Mayor ........................................................... City Clerk (Form of Coupon) On the ........ day of ....................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ................ Dollars, in the office of the City Treasurer in the City of Dubuque, being months' interest due that date on its .......... Bond No. .......... dated ..................... .......................................................... Mayor ................. City Clerk 8. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliv- er them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1298 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mavor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year af- ter the payment of interest due, these bonds shall be called and re- tired in the same order as num. bered. The notice of election to call these bonds shall be given by Regular United States Mail ad- dressed to the last known address of the purchaser. 10. Passed, adopted and approved this 7th day of January, 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of notice of levy of special assessment and intention of the City Council to issue bonds to pay for cost of constructing City of Dubuque 1973 Asphaltic Pav- ing Project No. 1 (except Univer- sity Avenue from the W.P.L. of McCormick to the E.Y.L. of Gil- liam Street) on the following named streets: 1. Algona Street — from the N.P.L. of Loras Blvd. to the S.P.L. of Dexter Street. 2. Atlantic Street — from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 3. Auburn Street — from the N.P.L. of Loras Blvd. to the S.P.L. of Dexter Street. 20 Regular Session, January 7, 1974 4. Boyer Street—from the E.P.L. of No. Grandview Avenue to the W.P.L. of Andrew Court. 5. Gordon Drive --from the S.P.L. of Kaufmann Avenue to the N.P.L. of Theda Drive. 6. Grandview Avenue — from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 7. Kaufmann Avenue — from W.P.L. of Carter Road to the W.P.L. of Gordon Drive. 8. Key Knolls Subdivision a. Phyllrich Drive—from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 10. b. Norland Drive — from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 11. c. Hansel Drive — from the N.P.L. to Keymont Drive to the N.P,L. of Lot 6 of Block 9. d. Vizaleea Drive from the N.P.L. of Keymont Drive to the N.P.L. of Lot 5 of Block 8. 9. Locust Street from the N.P.L. of 9th Street to the S.P.L. to Loras Blvd. 10. Sunset Park Subdivision No. 1: a. Dove Street from the E.P.L. of Bonson Road to the W.P.L. of Meggan Street. b. Waller Street from the E.P.L. of Bonson Road to the N.P.L. of Lot 15 of Block 8. 11. Edwards Street from the W.P.L. of Windsor Avenue to the E.P.L. of Queen Street. 12. Century Drive—Guard Rail. 13. Grandview Avenue and Uni- versity Avenue Intersection. 14. Overview Court from the W.P.L. of Grandview Avenue to the west end of the Street. 15. Bicycle Path from 16th Street to Shiras on the Floodwall. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Statement of City Clerk certify- ing that notices of assessment and levy were mailed by certified mail on December 6, 1973, to property owners of record to pay for part of cost of City of Dubuque 1973 Asphaltic paving project namely Locust Street from 9th street to Loras Blvd., presented and read. Councilman Lundh moved that the statement be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, .iustmann, Lundh, Stackis. Nays --None. Statement. of Ray Rampson, a member of the Engineering Depart• ment, certifying that notices of levy were posted in the assessable area on December 11, 1973 on Locust Street from the N.P.L. of 9th Street to the S.P.L. of Loras Blvd. (being part of City of Du- buque 1973 Asphaltic Paving Proj- ect No. 1), presented and read. Mayor Thorns moved that the state. ment be received and filed. Second. ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 11-74 Schedule of Assessments Locust Street from N.P.L. of 9th Street to the S.P.L. of Loras Blvd, (part of 1973 Asphalt Pav- ing Project No. 1). RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay part of City of Du- buque 1973 Asphalt Paving Proj- ect No. 1 (Locust Street from N.P.L. of 9th Street to the S.P.L. of Loras Blvd. by Mulgrew Black- top Inc. Contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oppo- site each lot or parcel of real es- tate, as set forth in the following schedule: THE CITY OF DUBUQUE 1973 ASPHALT PAVING PROJECT NO. 1 EXCEPT UNIVERSITY AVENUE Construction Cost Assessable City Project Share Share Total $27,855.90 $190,564.38 $218,420.28 Engineering Expense $ 2,785.59 $ 13,861.59 $ 16,647.18 Regular Session, January 7, 1974 5% Interact/52 days $ 201.18 $ 0.00 $ 201.18 Total Cost $30,842.67 $204,425.97 $235.268.64 American Trust and Savings Bank, Lot 633 ....................$590.26 American Trust and Savings Bank, Trustee for benefit of American Trust and Savings, Lot 634 .............. 584.67 Bank Retirement Trust Lot 2 N. Bal. 635 ...................... 286.45 Bank Retirement Trust Lot 1, 635 ........................ ....I.... 281.69 Eric A. and Diane M. Schulz, Lot S. 2112"-S. 41'5"-636 ....238.05 Minnie Williams cont: Eric A. T. (und. 'h), Diane M. Schulz (und. '.,z) and Marc W. Schulz, l.ot N. 20'.3"- S.41'5"-636 .......................... 226.76 Ernest B. and Eliz. Briggs, Lot N. 97"636 ................ 106.90 Ernest B. and Eliz. Briggs, Lot S. 10'6"-637 ................ 117.01 Eric A. & Diane M. Schulz (und. 'h int.) Marc W. Schulz (und. ' zint), Lot S. 20'3"-N. 40'6"-637 ............ 224.97 Fred Pfeffer and Coleen L. Jacobsen, Lot N. 20'3"-N. 40'-6"-637 ............................ 224.02 Clara Shortell, Lot 656 ..........571.12 William and Suzanne Thul, Lot 2-657 ............................ 192.04 Adele Steeklein & Betty Jane Findley, cont: Wil- mer M. Gotz & LeRoy W. Peterson, Lot 2-1-657 ..... 184.07 Ruth E. & Earl Button, Lot 1-1-657 .................................. 202.26 Ruth E. & Earl Button, Lot S. 1'-658 .............................. 10.94 City of Dubuque, Lot S.M. 34"-658 ................................ 371.47 City of Dubuque, Lot N. 16'- 2" - 658 .............................. 176.22 City of Dubuque, Lot S. 16'- 2" - E.% - 659 .................. 175.39 City of Dubuque, Lot M. 21' 8" - E.% - 659 .................... 234.25 City of Dubuque, Lot N. 13' - &% - 659 .................. 139.84 City of Dubuque, Lot E.% - 660 ........................................ 546.15 Archdiocese of Dubuque, Lot S. 78' - S.% - 661 .............. 849.96 Charles L. Egelhof (und. % int) and Lorraine C. Fautsch (und. ,, int), Lot N. 50' - Ski - 661 .............. 544.84 Charles L. Egelhof (und. % int) and Lorraine C. 21 Fautsch (und. % int), Lot S. 7'8" - Nie - 661 .......... 83.59 Masonic Temple Assn., Lot N. 120.4' - N% - 661 ......1,311.92 it. Marks Lutheran Church, Lot S.51' - 662A ................ 555.78 Adams Realty Company, Lot N.65' - 662A ...................... 708.34 -ertrude D. Starbuck, Lot 2- 662 ........................................ 280.15 Edward A. and Alice M. Cate, Lot 2.1-662 .............. 417.01 Dubuque Boy's Club Inc., Lot 1-1662 .......................... 846.63 Dubuque Boy's Club Inc., Lot 663A ............................ 697.40 Dubuque Boy's Club Inc., Lot E. 111' -S%,-663 ...... 557.92 Dubuque Boy's Club Inc., Lot S. 11.2" - E. 111' - SM - 663 ................................ 122.00 Dubuque Boy's Club Inc., Lot N. 40' - E. 111' - SM tib - 663 .............................. 435.92 Wayne A. Norman, Frank H. Bertsch and Norman T. Bainbridge & B. A. Ryan Bldg. Co., Lot M. % - 663 557.92 Wayne A. Norman, Frank H. Bertsch and Norman T. Bainbridge & B. A - Ryan Bldg. Co., Lot S.40' 10" - NM rib - 663 .............. 444.95 Merlin & Verna D. Michel, Lot E. 125' - N. 104" - NM 'r, - 663 ........................ 112.61 Merlin & Verna D. Michel, Lot E. 125' - N. % - 663 .... 557.92 Northwestern Bell Tele- phone Co., Lot 151 .......... 642.46 Northwestern Bell Tele- phone Co., Lot 152 .......... 642.46 Northwestern Bell Tele- phone Co., Lot 153 .......... 642.46 Marie S. Nesler, Lot 154 .... 642.46 M. C. & Viola G. Mai, Lot S. 27.1' - 155 ............................ 340.08 Brooks Building Corp., Lot 1 - N. 24.07' - 155 .............. 282.17 M. C. & Viola G. Mai, Lot 2 - N. 24.07' - 155 ............ 20.21 First Congregational Church, l.ot W. 84' - 156 ................ 565.29 First Congregational Church, Lot E. 30' - 156 .................. 77.17 First Congregational Church, Lot W.84' - 157 ................ 565.29 First Congregational Church, Lot E. 30' - 157 ................. 77.17 First Congregational Church, Lot S. % - 158 .................... 321.29 Grace Mentzer, Lot N.% - 158 ........................................ 321.29 Curtis Straub Company, Lot S. 381" - 159 .................... 484.31 20 Regular Session, January 7, 1974 4. Boyer Street—from the E.P.L. of No. Grandview Avenue to the W.P.L. of Andrew Court. 5, Gordon Drive—from the S.P.L. of Kaufmann Avenue to the N.P.L. of Theda Drive. 6. Grandview Avenue — from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 7. Kaufmann Avenue — from W.P.L. of Carter Road to the W.P.L. of Gordon Drive. 8. Key Knolls Subdivision a. Phyllrich Drive—from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 10. b. Norland Drive — from the N.P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 11. c. Hansel Drive — from the N.P.L. to Keymont Drive to the N.P.L. of Lot 6 of Block 9. d. Vizaleea Drive from the N.P.L- of Keymont Drive to the N.P.L. of Lot 5 of Block 8. 9. Locust Street from the N.P.L. of 9th Street to the S.P.L. to Loras Blvd. 10. Sunset Park Subdivision No. 1: a. Dove Street from the E.P.L. of Bonson Road to the W.P.L. of Meggan Street. b. Waller Street from the E.P.L. of Bonson Road to the N.P.L. of Lot 15 of Block 8. 11. Edwards Street from the W.P.L. of Windsor Avenue to the E.P.L. of Queen Street. 12. Century Drive—Guard Rail, 13. Grandview Avenue and Uni- versity Avenue Intersection. 14. Overview Court from the W.Y.L. of Grandview Avenue to the west end of the Street. 15. Bicycle Path from 16th Street to Shiras on the Floodwall. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Statement of City Clerk certify- ing that notices of assessment and levy were mailed by certified mail on December 6, 1973, to property owners of record to pay for part of cost of City of Dubuque 1973 Asphaltic paving project. namely Locust Street from 9th street to Loras Blvd., presented and read. Councilman Lundh moved that the statement be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Statement of Ray Rampson, a member of the Engineering Depart- ment, certifying that notices of levy were posted in the assessable area on December 11, 1973 on Locust Street from the N.P.L. of 9th Street to the S.P.L. of Loras Blvd. (being part of City of Du- buque 1973 Asphaltic Paving Proj- ect No. 1), presented and read. Mayor Thoms moved that the state- ment be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 11-74 Schedule of Assessments Locust Street from N.P.L. of 9th Street to the S.P.L. of Loras Blvd. (part of 1973 Asphalt Pav- ing Project No. 1). RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay part of City of Du- buque 1973 Asphalt Paving Proj- ect No. 1 (Locust Street from N.P.L. of 9th Street to the S.P.L. of Loras Blvd. by Mulgrew Black- top Inc. Contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oppo- site each lot or parcel of real es- tate, as set forth in the following schedule: THE CITY OF DUBUQUE 1973 ASPHALT PAVING PROJECT NO. 1 EXCEPT UNIVERSITY AVENUE Construction Cost Assessable City Project Share Share Total $27,855.90 $190,564.38 $218,420.28 Engineering Expense $ 2,785.59 $ 13,861.59 $ 16,647.18 Regular Session, January 7, 1974 21 5% Interest/52 days $ 201-18 $ 0.00 $ 201.18 --- Total Cosi $30,842.67 $204,425.97 $235.268.64 American Trust and Savings Bank, Lot 633 ...................$590.26 American Trust and Savings Bank, Trustee for benefit of American Trust and Savings, Lot 634 .............. 584.67 Bank Retirement Trust Lot 2 N. Bal. 635 ..................... 286.45 Bank Retirement Trust Lot 1,635 .................................... 281.69 Eric A. and Diane M. Schulz, Lot S. 21'2"-S. 41'5"-636 ....238.05 Minnie Williams cont: Eric A. T. (und. 'tz), Diane M. Schulz (und. Vz) and Marc W. Schulz, Lot N. 20'-3"- S.41'5"-636 .......................... 226.76 Ernest B. and Eliz. Briggs, Lot N. 97"-636 ................ 106.90 Ernest B. and Eliz. Briggs, Lot S. 10'6"-637 117.01 Eric A. & Diane M. Schulz (und. 1 int.) Marc W. Schulz (und. '::int), Lot S. 20'Y -N. 40-6"-637 ............ 224.97 Fred Pfeffer and Coleen L. Jacobsen, Lot N. 207"-N. 40'-6".637 ............................ 224.02 Clara Shortell, Lot 656 ..........571.12 William and Suzanne Thul, Lot 2-657 ............................ 192.04 Adele Stecklein & Betty Jane Findley, cont: Wil- mer Al. Gotz & LeRoy W. Peterson, Lot 2-1-657 ..... 184.07 Ruth E. & Earl Hutton, Lot 1-1-657 .................................. 202.26 Ruth E. & Earl Hutton, Lot S. 1'-658 ......................... I.... 10.94 City of Dubuque, Lot S.M. 34"-658 ................................ 371.41 City of Dubuque, Lot N. 16'- 2" - 658 .............................. 176.Z City of Dubuque, Lot S. 16% 2" - E.I^1 - 659 .................. 175.3E City of Dubuque, Lot M. 21' 8" - E.% - 659 .................... 234.2: City of Dubuque, Lot N. 13' - E. % - 659 .................. 139.84 City of Dubuque, Lot E.% - 660 ........................................ 548.1; Archdiocese of Dubuque, Lot S. 78' - S.% - 661 .............. 849.91 Charles L. Egelhof (und. % int) and Lorraine C. Fautsch (und. ii int), I,ot N. 50' - S% - 661 .............. 544.8 Charles L. Egelhof (und. % int) and Lorraine C. Fautsch (und. % int), Lot S. 7'8" - Nlk - 661 .......... 83.59 Masonic Temple Assn., Lot N. 120.4' - N% - 661 ......1,311.92 St. Marks Lutheran Church, Lot S.51' - 662A ................ 555.78 .Adams Realty Company, Lot N.65' - 662A ...................... 708.34 Gertrude D. Starbuck, Lot 2- 662 ........................................ 280.15 Edward A. and Alice M. Cate, Lot 2-1-662 .............. 417.01 Dubuque Boy's Club Inc., Lot 1-1-662 .......................... 846.63 Dubuque Boy's Club Inc., lAt 663A ............................ 697.40 Dubuque Boy's Club Inc., Lot E. ill' - S% - 663 ...... 557.92 Dubuque Boy's Club Inc., Lot S. 11.2" - E. 111' - SM - 663 ................................ 122.00 Dubuque Boy's Club Inc., Lot N. 40' - E. 111' - SM ifs - 663 .............................. 435.92 Wayne A. Norman, Frank H. Bertsch and Norman T. Bainbridge & B. A. Ryan Bldg. Co., Lot M. '/6 - 663 557.92 Wayne A. Norman, Frank H. Bertsch and Norman T. Bainbridge & B. A. Ryan Bldg. Co., Lot S.40' 10" - NM % . 663 .............. 444.95 Merlin & Verna D. Michel, Lot E. 125' - N. 104" - NM It - 663 ........................ 112.61. Merlin & Verna D. Michel, Lot E. 125' - N. % - 663 .... 557.92 Northwestern Bell Tele- phone Co., Lot 151 .......... 642.46 Northwestern Bell Tele- phone Co., Lot 152 .......... 642.46 Northwestern Bell Tele- phone Co., Lot 153 .......... 642.46 Marie S. Nesler, Lot 154 .... 6442.46 M. C. & Viola G. Mai, Lot S. 27.1' - 155 ............................ 340.08 Brooks Building Corp., Lot 1 - N. 24.07' - 155 .............. 282.17 M. C. & Viola G. Mai, Lot 2 - N. 24.07' - 155 ............ 20.21 First Congregational Church, I.ot W. 84' - 156 ................ 565.29 First Congregational Church, Lot E. 30' - 156 .................. 77.17 First Congregational Church, Lot W,84' - 157 ................ 565.29 First Congregational Church, Lot E. 30' - 157 .................. 77.17 First Congregational Church, Lot S. ii - 158 .................... 321.29 Grace Mentzer, Lot N.% 158 ........................................ 321.29 Curtis Straub Company, Lot S. 387" - 159 .................... 484.31 Regular Session, January 7, I9'4 Church, . .......... 170,63 Tz% :iv_ge gatic nal Church, ................ 642.46 ti lyn F. Michel, Lot S. is 5, 478 ................ .. .... i: 256.72 Leo A. Carney Etal con George L.McDonald, Loi SM E. %.478 ............ 256-72 David E. & Beatrice B. Bi- senius, Lot M. 13 - S. ys - 478 47 8 ................... . .... . ............. 256.72 Athanasios Tom & Antonia Bogas, Lot NM % - S. 2% 478 ........................................ 256.72 Athanasios Tom & Antonia Bogas, S. 0.67' - N. % - S. zt - 478 8.44 Wilfred and Leila White, Lot N. 19.8' - N. I.% - S. % - 478 ................................ 248.40 Wilfred and Leila White, Lot S. 26.21 - M. it - 478.... 328.78 Donald C. Conzett, Lot N. 25' - M. 1/t - 478 . . ............. 313.68 Donald C. Conzett, Lot NM Ls - 478 --- ............... ........ 642-46 AdeHe Toner Clewell, Lot N. - 478 ................... . ....... 64Z.46 Verna Chalder, Lot S. 51' - 47 7 4ri A _.. . ........ ............. _ 639-96 Leona Amenda (survivor), Lot S_ 32' - N. 64' - 477A 401.55 Betty C. Briggs, Lot N. 32' - N. 64' - 477A ...................... 401.55 Ellen A. Williams cont: Her- bert J. & Ruth Anna Ma- rie Klinkhammer, Lot S. 66' - 477 ......... . ................... 828-20 Clarence J. Brown, Lot S. 20' - N. 75' - 477 ... 251.02 Anthony J. & Isabel Eis. bath, Lot N. 35' - N. 55' - 477 ................... . ................. 439.25 Roebrt A- Sullivan, Lot S. it - 476 ................................ 642.46 MargL Nagel cont: Frede- rick & Beverly A. Tippe, Lot S. M. 1z - 476 ..... 642.46 Ida Esther Jacobson, Lot S- % - M. z - 476 ......... . ....... 321.29 Walter A- and Leona Colin, Lot N. ',2 - 11. 1, - 476 .... 321.29 M. H. & T. F. Greenawalt D, Bi 'A,,Greenawalt Chiro- practic Clinic, Lot N. is - 476 ........ .... . ............... 1,284.92 Florence D. Polfer, Lot S. 20' - N. 55' - 477 .............. 251.03 30,842.67 2,708.62 cu. yds. Excava- tion (unclassified) @ $1,65 ................... ............U,,M.22 3 no. of Manhole raise or lower 4 575-00 . _ .......... 22500 3 no. of Manhole ring mW cover %7' 575-00 ........ __ 225.00 451.70 ton A. C. Binder Course 0 $13-34 ...... __.6,025.67 338.63 ton A. C. Surface Course a $13-85 .......4.690.03 138.75 gallon Prime coat MC -70 (47 $0.30 ......... . 41.63 *514 5q. ft. Sidewalk - 4" Concrete f ,* $1.50 ........ 771-00 2,92773 ton 4" Stabilized rolled stone base C- $4.16 .................................. 12,17935 0372 lin. ft. C & G Rock curb or drive section re- moved @ 52.50 ...... .... .. 930.00 *414 sq. ft. Sidewalks & drive slab removal 4 $0.30 ....... . ......... ............ 124-20 *394.50 Lin. ft. Curb & gutter - type A 1;_1 $7.00 2,761.50 *902.88 cu- yd. Excava- tion (unclassified) Ca $1.65 .. . . ......... .. ...... ....... 1,489-75 *287.30 ton A. C. Binder Course (9 $13-34 .......... 3,83250 *198.87 ton A. C. Surface Course Ch 13.85 ............ 2,7 54.35 *2,927.73 ton %" Stabil- ized rolled stone base (A $4.16 .................................. 12,179.35 *46.25 gallon Prime Coat MC -70 C. $0.30 ......... _... 13.88 *200 lin. ft. Asphalt Saw- ing C4 $0.50 .................... 100-00 Total Construction Cost..$52,812.52 *Less City Share ..... 24,956.62 Assessable Amount ... . ... 27,855.90 IVI Engineering Exp. 2,785.59 5% Interest,, 52 days 201.18 Total Assessable Amt...._$30,842.67 All of which is assessed in pro- portion mportion to the special benefits con- ferred. Passed, adopted and approved this 7th day of January 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the following vote: Regular Session, January 7, 197 4 23 Yeas—Mayor Thorns, Councilmen Brady, .Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of notice o of hearing to consider a Proposal authorize the issuance of Street improvement bonds to pay for cost of constructing City of Dubuque 1973 Asphaltic Paving Project No. 1, except University Avenue from McCormick to Gilliam Street, pre- sented and read. Mayor Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Avenue from the W.P.L. of McCor- mick Street to the E.P.L. of Gil- liam Street. (Locust Street from the N.P.L. of 9th Street to the S.P.L. of Loras Boulevard) there shall be issued street improvement bonds in the amount of $30,500.00 Dollars in anticipation of the deferred pay- ment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of February 7, 1974: and shall be numbered con- secutively, and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: RESOLUTION NO. 12.74 Resolution providing for the is- suance of Street Improvement bonds for the purpose of pro• viding for the payment of the assessed cost of City of Dubuque 1973 Asphalt Paving Project No. 1; except University Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. (Locust Street from the N.P.L, of 9th Street to the S.P.L. of )oras Boulevard). Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereafter described has been com- pleted and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $30,842.67 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque: 1, That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 Asphalt Paving Project No. 1; except University Series Bond Denom. MOurity No. No. 1 1-7 $500.00 April 1, 1974 2 B-13 $500.00 April 1, 1975 3 14-19 $500.00 April 1, 1976 4 20-15 $500.00 April 1, 1977 5 26-31 $500.00 April 1, 1978 6 32-37 $500.00 April 1, 1979 7 38-43 $500.00 April 1, 1980 8 44.49 $500.00 April 1, 1981 9 50-55 $500.00 April 1, 1982 10 56-61 $500.00 April 1, 1983 3. Said bonds shall bear interest at the rate of six per cent per annum, payable annually in accord- ance with coupons thereto at, tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo............................................. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof the sum of five hundred dollars with interest thereon at the rate of six per cent per on the payable annually, presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of 24 Regular Session, January 7, 1974 the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chap- ter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City, duly passed on the 7th day of January, 1974, being Reso- lution No. 12-74. This Bond is one of a series of 61 bonds, all for $500.00 numbered from 1 through 61, all of like tenor and date, and issued for the pur- pose of providing for the deferred payment of assessments levied for the City of Dubuque 1973 Asphalt Paving Project No. 1; Except Uni- versity Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. (Locust Street from the N.P.L. of 9th Street to the S.P.L. of Loras Boulevard) as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1299 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 7th day of January, 1974. (SEAL) ............................................................ Mayor ....................... ........... _..................... City Clerk (Form of Coupon) On the .......... day of ....................I the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, being ................ months' interest due that date on its .......... Bond No. ......... dated .....................„ ............................................................ Mayor ............................................................ City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliv- er them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1299 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and re- tired in the same order as num- bered. The notice of election to call these bonds shall be given by Reg- ular United States Mail addressed to the last known address of the purchaser. 10. Passed, adopted and approved this 7th day of January, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Regular Session, January 7, 1974_ 25 RESOLUTION NO. 13-7 City BE IT RESOLVED by Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, sell Iowa, be granted a pe o Cigarettes and Cigarette Papers within said City. Steven J. chetti dba wD Davand e's Point After, 2550 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 7th day ry 1974. of Ta Thoms Mayor Alvin E. Lundh Emil Stackis ,lames E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Lundh, Stackis. Nays—Councilman Justmann. RESOLUTION NO. 14.74 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 grant ed and permits issued upon th compliance with the terms of th ordinances of the City. CLASS 'AB" BEER PERMITS Joseph E. Bell, Wagon Wheel Tav ern, 263 Main Street Loras College, 1450 Alta Vist Street Clarke College, 1550 Clarke Driv CLASS "C" BEER PERMITS Lucky Stores, Inc., dba Eagle Di count Center #109, 200 Soul Locust Street. Passed, adopted and approve this 7th day of January 1974. Allan T. Thorns Mayor Alvin E, Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, .Justmann, Lundh, Stackis. Nays ---None. RESOLUTION NO. 15.74 WHEREAS, applications for Beer permits were filed by the within named applicants and they have received the approval of this Coun- cil: and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City 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 PERMITS Joseph I,. Bell, dba Wagon Wheel Tavern, 263 Main Street Luras College, 1450 Alta Vista St. Clarke College, 1550 Clarke Drive CLASS "C" BEER PERMITS Lucky Stores, Inc., dba Eagle Dis count Center #109, 200 South Locust Passed, adopted and approved this 7th day of January 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis James E. Brady e C. Robert Justmann e Councilmen Attest: Leo F. Frommelt City Clerk a Councilman Stackis moved adop- tion of the resolution. Seconded by e Councilman Lundh. Carried by the following vote: s yeas—Mayor Thorns, Councilmen h Brady, Justmann, Lundh, Stackis. Nays—None. d RESOLUTION NO. 16.74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval the same have been examined. NOW 'THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- 26 Regular Session, January 7, 2974 proved and licenses issued upon the compliance with the provi- sions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER and LIQUOR LICENSES Stephen J. Glew and David A. Paroebetti, DBA Dave's Point After, 2550 Dodge Street Thomas Andresen, dba Avenue Tap, 1680 University Ave. Josephine A. Burke, dba "Eltoro", 1445 Central Ave. Ursula Drake, dba Blue Moon Inn, 1097 Jackson St. Donald Kies, dba The Golden Pheasant. 2620 University Ave. James Kachevas (Sunday Sales), dba Viking Lounge do Restaurant., 665 Dodge Street Passed, adopted and approved this 7th day of January 1974. Allan T. Thoma Mayor Alvin E. Lundh Emil Stackis James E. Bradv C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None, RESOLUTION NO. 17-74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and, WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordi- naces 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 LICENSES Stephen J. Glew and David A. Par- ochetti dba Dave's Point After, 2550 Dodge Street Thomas Andresen, dba Avenue Tap, 1080 University Avenue Josephine A. Burke, dba "Eltoro", 1445 Central Avenue Ursula Drake, dba Blue Moon Inn, 1097 Jackson Street Donald Kies, dba The Golden Pheasant, 2620 University Ave. nue James Kachevas (Sunder Sales), dba Viking Lounge R Restaua rant, 665 Dodge Street Passed, adopted and approved this 7th day of January 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann. Lundh, Stackis. Nays --None. Councilman Brady moved that. the City Manager be advised to stop work on the bidding process on renovation of the City Hall. Seconded by Mayor Tlwms. Car• ried by the following vote: Yeas --Mayor Thoms, Councilmen Brady, Lundh, Stackis. Nays—Councilman Justmann. At 10:35 P.M. Mayor Thoms moved to retire to executive ses- sion to consider appointments to various Boards and Commissions. Seconded by Councilman Brady. Carried by the following vote: Yeas --Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. At 10:56 P.M. the Council re- convened in regular session and the Mayor announced that addi- tional information on one candidate and further requested that a defi- nite form on candidates be drawn up and the Clerk furnish a list of vacancies on the various Boards and Commissions at the next meet- ing. There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Brady. Carried by the following vote: Yeas ---Mayor Thoms, Councilmen Regular Session, January 7, 1974 87 Brady, .lustmann, Lundh, Stackls. Nays—None. Leo F. Frommelt City Clerk Approved June 17 ,1974 Adopted June 17 ,1974 28 Special Session, January 11, 1974 CITY COUNCIL OFFICIAL Special Session, January 11, 1974. Council met at 4:00 P.M. (C.D.T.) Present — Mayor Thoms. Coun- cilmen Brady, Lundh. City Manag- er Gilbert D. Chavenelle. Absent at roll call Councilman Justmann (entered Council Chamber at 4:35 P.M.) Councilman Stackis (entered Council Chamber at. 4:15 P.M.). Mayor Thorns read the call and stated that service thereof had been duly made and this meeting is called in response to Union Rep• resentatives' request to most with the Council relative to wage ne- gotiations and acting upon such other business as may properly come before the meeting. Mr. Owen Reilly, representative of the Teamster's Local, Mr. Dan- iel Sullivan, representative of the Firefighters Ass'n., Mr. Wm. Swee- ney, representative of the Operat- ing Engineers, and Mr. Paul Fel- ler, representative of the Police Officers Ass'n, addressed the Coun- cil indicating that an impasse has been reached with the personnel Department of the City relative to wages and fringe benefits. After considerable discussion it was agreed that the various representa- tives of the unions, along with Mr. Walter Bockes personnel director for the City, would meet again at 9:30 A.M. January 12th. There be- ing no further business Mayor Thorns moved to adjourn. Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, .lustmann, Lundh, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved June 17 ,1974 Adopted June 17 ,1974 City Clerk Special Session, January 21, 1974 29 CITY COUNCIL OFFICIAL Special Session, January 21, 1974. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavanelle. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Levy- ing of special assessment and in- tention of the Council to issue bonds to pay for cost of part of 1973 Asphaltic Paving Project — University Avenue from McCormick Street to Gilliam Street, and act- ing upon such other business as may properly come before a reg- ular meeting of the City Council. Communication of Teleprompter Cable Communications Corporation advising that they are filing an ap- plication for renewal of license of business Radio Station KUX 87 with the Federal Communications System, presented and read. Coun- cilman Lundh moved that the communication be referred to the City Manager for further study. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Office of Mass Transportation of Chicago, Ill. ad- vising that the delay of Amtrak service between Chicago and East Dubuque, Ill., has been caused due to the disrepair of platforms, im- proper lighting and generally poor boarding and lighting facilities, presented and read. Councilman Justmann moved that the com- munication be received and filed and referred to the Manager and staff. Seconded by Mayor Thoms. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Interstate Power Co. submitting plans and specifications of the pollution con- trol facilities, certificates of in- surance naming the City up to $4,400,000, also a request to Trus- tee to reimburse the Company for that communication and related monies expended to date, present- ed and read. Mayor Thoms moved items be placed on file for public inspection. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque Hu- man Rights Commission submit- ting a resume of Jean Pascual and requesting the reappointment of Sol Tabak and Mary Petropoulos to full three year terms, presented and read. Mayor Thoms moved that Sol Tabak and Mary Petropou- los be reappointed to the Commis- sion. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Justmann, Lundh, Stackis. Nays—None. Abstained—Councilman Brady. Mayor Thoms moved that the communication be referred back to the Commission. Seconded by Councilman Stackis, Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—'none. Communication of Kay Board- man objecting to the raising of dog license fees to $3.00 and if tax money is needed so bad, why not license cats, presented and read. Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Playground & Recreation Commission submitting minutes of their meeting of Jan- uary 7, 1974, presented for the record. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. January 18, 1974 Honorable Mayor and City Council Attached is a letter from Mr. Thomas A. Billy, Jr. requesting to lease the north portion of the old Naval Reserve Building. Special Session, January 2L 1974 I recommend that the council authorize a lease of the property under the conditions suggested in the letter. Respectfully, Gilbert D. Chavenelle City Manager Councilman Justmann moved that the recommendation be ap- proved and referivd back to the Manager for proper proceedings with referral back to the Council for final approval. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Printed Council proceedings for the months of October and No- vember 1973, presented for ap- proval. Mayor Thoma moved that the Council proceedings for the months of October and November 1973 be approved as printed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Thoma, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Cottingham do Butler advising of an accident in- volving their client, Kopples Inc., on 1-11-74, and a city -awned ve- hicle presented and read. Coun- cilman Justmann moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Mayor Thoms. Carried by the following vote: Yeas—,Dtayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None, Communication of Dubuque Oil Terminal Co., constituting a notice of exercise of the second of nine sucoeWve options to extend their tease for respective periods of five years each, presented and read. Councilman Justmann moved that the couunnun"tion be referred to the City Solicitor and Dock Board. Seconded by Mayor Thoms. Car Tied by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Irrndh, Stackis, Mays—None, January 17, 1874 Honorable Mayor and City Council On October 1, 1973, Roger Brim neer of wPioneea Acres, Fast Du bugae, Illinois, filed claim again* the City of Dubuque in an esti, mated amount of $95.56 and claim ng said damages occurred to his notor vehicle on September 21, .973 as the resultof striking an mbarricaded washout area at Uni. iersity and Algona Streets in the ,ity of Dubuque, Iowa. This was referred to the City Attorney who has investigated said 'natter and has checked with the Street Department and the Engi- neering Department and finds no actionable negligence on the part of the City, and in view of said findings, it is the recommenda- tion of the City Attorney that said claire be denied The claimant has been put in touch with the insur- ance carrier for the contractor who had been working at said site for disposition of said claim of Roger Brimmer. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoma moved approval of the reconunendation. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of Clem H. Ward, in the amount of $6.18, for car damage incurred as the re- sult of striking a hole in the street on First Street between Iowa and Main on January 14, 1974, present- ed and read. Mayor Thums moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Luadb. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice from Dubuque County ad- vising that the WW of Lot 352 in East Dubuque Addn. to the City of Dubuque was sold to them on December 4, 1972, and the right of redemption will expire within 90 days, presented and read. Ma- yor Thoms moved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas --Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 1-74 An Ordinance amending Ordi- nance Nn. 33.49 known as the Special Session January 21, 1974 31 "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 23 of Sheule IV dule the there- of therebyc wo hour time zone on University Avenue from Irving Street to Asbury Street, Said Ore presented andinance read at g been pre- viously P he il of CM, presented meeting for final e rnher 19, 1973, padoption. ORDINANCE NO. 3-74 AN ORDINANCE AMENDING OR- DINANCF NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DU- BUQUE. IOWA" AS AMFNDED, BY REPEALING SUBSECTION 23 OF SCHEDULE IV THF..RFOF THERE- BY REMOVING THE TWO HOUR TIME 7.0NF ON UNIVFRS)TY AVE- NUE FROM MvTNG STREET TO ASBURY STREET NOW THEREFORE BE IT OR- DAINED by the City C4wncil of the City of Dubuque. Iowa: SECTION 1. That Ordinance No. 33- 49 known as "Thc Traffic code of Du- buque, Iowa," as amended, be amended by repealing Subsection 23 of Schedule IV thereof, and the same be and is hereby repealed. Passed, approved and adopted this 21st day of January 1974. Allan T. Thorns Mayor James E. Brady Alvin E. Lundh Emil. Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of Jan- uary 1974. Leo F. Frcmnmelt City Clerk It. 1-N Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Lundh, Stackis. Nays----Couneilman Just.lnann. ORDINANCE Nd. 4-74 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa, as amended, by repealing Sub- section 29 of Schedule VI and enacting a new Subsection 29 of Schedule VI to prohibit park- ing on the south side of Uni- versity Avenue from Gilliam Street to a point one hundred and two feet east of the oast line of Awbern Street and on the north side of University Ave- nue from Leras Sealeverd to Pennsylvania Avenue, Said Ordinance having been pre- viously presented and read at the Council meeting of November 19, 1973, presented for final adoption. ORDINANCE NO. 4.74 AN ORINNANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DU- BUQUE, IOWA," AS AMENDED, BY REPEALING SUBSECTION 29 OF SCHEDULE VI AND ENACTING A NEW St1ESECTION 29 OF SCHEDULE VI TO PROH TT PARKING ON THE SOUTH SIDE OF UNivT-ml TY AVENUE FROM GILLIAM STAEE7' TO A POINT ONE I-IUNIDRED AND TWO FEET FAST OF THE FAST LINE OF AU- BURN STREET AND ON THE NORTH SIDE OF UNIVERSITY AVENUE FROM LORAS BOULE- VARD TO PENNSYLVANIA AVE- NUE. NOW THEREFORE BE 1T OR- DAINED by the City Council of the City of Dubuque, Iowa: SECTION 1. That Ordinance No. 33- 49 known as the "Traffic Code of Du- buque, IOWA' as amended, be and the same is hereby ascended by repealing Subsection 29 of Schedule VI and en- acting a new Subsection 29 of Schedule Vl, as follows: "SCHEDULE VI. 29. The south side of University Avenue from Gilliam Street to a point one hundred and two (102) feet east of the cast line Of Auburn Street and on the north side of University Avenue from Loras Boulevard to Penn- sylvania Avenue." Passed, approved and adopted this 21s' day of January, 1974. Allan T. Thoms Mayr r James E. Brady Alvin E. Lundh Emil Stackis Councilmen ATTEST: Leo F. Frommelt City ClcA Published officially in the Telegraph herald Newspaper this 24th day of Jan- ua y, 1974. Lw F. Frommclt city Clerk It 1 24. Mayor Thom$ moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: CouncilmenYe1,s, -Mayor Thoms, Brady, Lundh, Stackis. Nays-_-Councilnian Justmann. 32 Special Session, January 21, 1974 ORDINANCE NO. 5.74 An Ordinance authorizing Molo Sand & Gravel Co. to construct 24 ft, x 10 ft. wide scale with 10' approach on Block M part of Booth's Addn. in the City of Du- buque, Iowa, Presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Thorns. Car- ried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None, Councilman Stackis moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Thorns. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None, ORDINANCE NO. 5-74 AN ORDINANCE AUTHORIZING MOLO SAND AND GRAVEL CO. TO CONSTRUCT 24 ft. x 10 ft. wide scale with 10' approach on Block M, part of Booth's Addn. in the City of Dubuque, Iowa. NOW THEREFORE BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa: SECTION 1. That Molo Sand & Gravel Co. as owners of the premises known as Block M Part of Booth's Addn. (North side of Third Street Extension -Easterly terminus), in the City of Dubuque, Iowa be, and they are hereby granted the re- vocable permit and authority to con- struct and maintain a 24 ft. is 10 ft. scale under the terms and conditions set forth in this Ordinance. SECTION 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by City Manager, under the su- pervision and direction of the City Man- ager, and in accordance with all applica- ble state and federal laws and regulations, and the Ordinances of the City of Du- buque. SECTION 3. That the permission here- in granted is expressly conditioned on per- mittees agreement to: a) Assume any and all liability for damages to persons or property which may result from the exist- ence, location, installation, con- struction or maintenance of said Howe Richardson scale on City owned right of way on North Side of Third Street Extension; b) To pay on behalf of the City of Du- buque all sums which the City of Dubuque shall become obligated to pay by reason of the liability im- posed upon the City of Dubuque for damages of any kind resulting from the location, installation, ex- istence, construction or maintenance of said Howe Richardson scale on City owned right of way on North Side of Third Street Extension, sustained by any per. son or persons, caused by accident or otherwise, to defend at its own expense and on behalf of said City any claim against the City of Du- buque arising out of the location, installation, existence, construction or maintenance of Howe Rich. ardson scale and to pay reason- able attorney fees therefor: c) To indemnify and hold City of Dubuque free and harmless from any and all claims, loss, liability and expense for injuries to third persons or damages to property of third persons, or for damage to any property of City of Dubuque which. may occur as a result of or in con- nection with the location, installa- tion, construction, maintenance and repair of the facility, work or im- provement permitted herein. SECTION 4. That the permission here- in granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Coun- cil, permittees, or their successors in in- terest, as owners of the abutting prop- erty, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said Howe Richardson scale, and in the event of their failure so to do, the City of Dubuque shall be autho- rized to remove said Howe Richardson scale, at permittees expense and dispose of the same, and the lxrmittees shall have no claim against the City or its agents for damages resulting from the re- moval of said Howe Richardson scale. SECTION 1. Perrnittees covenant and agree that the revocable permit herein granted does not ccrostitute an approval of the design, erection, location, con- struction, repair or maintenance of said facility and said permittee hereby cove- nants and agrees not to assert such claim or defense against the City of Dubuque in the event of claim asserted for per- sonal injuries and -or property damage against the permittee arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. SECTION 6. This Ordinance shall be- come effective and the rights hereunder accrue to Molo Sand & Gravel Co, when this Ordinance has been adopted by the City Council and the terns and conditions thereof accepted by permittecs by acceptance endorsed on this Ordinance. Special Session, January 21, 1974 33 Passed. approved and adopted this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE. OF ORDINANCE NO. 5.74 The undersigned having read and being familiar with the terms and conditions of Ordinance No. t-74 hereby, for them - wives, their successors or assigns, as own- ers of the abutting property, accept the same and agree to be bound by the con- ditions and agreements therein contained to be performed by permittees. Dated 1.8-74 Molo Sand K Gravel Co. By: Robert E. Molo President Published officially in the Telegraph Herald Newspaper this 24th day of Jan- uary, 1974. Leo F. Frommclt City Clerk classification as set forth in the attached Ordinance. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. It. 1-24. Councilman Stackis moved final adoption of the Ordinance. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas --Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis, Nays—None. January 18, 1974 flonorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Sisters of St. Francis re- questing zoning reclassification on a portion of their property lying north of Davis Avenue in the City of Dubuque, Iowa, from Single Family Residence District to Mul- tiple Residence -Planned Unit De- velopment District. The legal de- scription and extent of the pro- posed zoning reclassification is set forth in the attached Ordinance. The Planning and 'Zoning Com- mission has determined that the proposal of the Sisters of St. Fran- cis to establish a Planned Unit Development on their property is appropriate at this time. The Com- mission has recommended thatyou approve the proposed zoning re- AN ORDINANCE Amending and Changing Ordinance No. 3-34 known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to change certain property hereinafter de- scribed from "Single Family Res- idence District' Classification to "Multiple Residence Planned Unit Development District" clas- sification (Sisters of St. Francis property), presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas --Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that a hear- ing be held on the Ordinance on February 18, 1974, in the Council Chamber atthe City Hall at 7:30 o'clock P.M. and the City Clerk be instructed to publish notice of same in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. January 18, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and 'Zoning Ctnnnlission has held a public hearing on the petition of Mr. Philip A.powers a power rendm I various zoning P en 34 Special Session, January 21, 1974 on his property described as Lot. 1 of Lot 1 of Lot l of "Powers Place" in the City of Dubuque, Iowa, to permit a Planned Unit Development consisting of various commercial and residential uses, The Commission has determined that the proposed zoning reclassi- fications are appropriate at this time. It is the recommendation of the Planning and Zoning Commiesd- sion that the petition be app and that the Official Zoning Map be amended in accordance with the attached zoning plat, marked Exhibit "A". CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Stackis. Nays—None. Abstained --Councilman Lundh. Councilman Stackis moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Brady. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh. Attorney Leo McCarthy request- ed consideration to include an al- ternative in the zoning classifica- tion in parcel #3, for publication of the notice to include profes- sional use classification. The Coun. cil overruled the request on the advice of the City Solicitor. AN ORDINANCE Amending and Changing No. 3.34, known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," to change the Zoning Classification of various parts of Lot 1 of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, for "Mul- tiple Residence District" and Sin- gle Family Residence District" to Local Business 'A' District," Local Business 'B' District" and "Multi- ple Residence -Planned Unit Devel- opment District," according to var- ious Descriptions herein pre- scribed, and as shown on the Zon- ing Map hereto attached, presented and read. Mayor Thorns moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh, Mayor Thorns moved that. the reading requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on February 18, 1974, at 7:30 o'clock P.M. in the Council Chamber at the City Hall, and the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Stackis. Nays—None. Abstained ---Councilman Lundh. After further consideration of Attorney McCarthy's request Ma- yor Thorns moved that the Ordi- nance be reconsidered for further action at the Council meeting scheduled for Thursday evening January 24, 1974, at 7:30 o'clock P.M. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh. Petition of Dubuque County Fair Ass'n objecting to the landfill site proposed for the County Home area, presented and read. Mayor Thoms moved that the petition be received and filed and referred to the Engineering Department. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Paul & Luis Gross objecting to the landfill site pro- posed in the County Home area, Presented and read. Mayor Thom moved that the petition be re- ceived and filed, and referred to Special Session, January 21, 1974 — _ 35 Department, Sec- Engineering Dep Nays—None. the oared byCouncilman Justmann. sen Petition of Julie Scharringhau- objecting to the proposed land - Carried by the following vote: Thoms, Councilmen fill site at the County Home, pre- Yeas—Mayor Brady, Justmann, Lundh, Stackis. sented moved and read. Mayor Thoms that the petition be re - Nays—None. George Helling et alceived and filed, and referred to Petition of the objecting to the p Engineering Department Sec - e -(1S (14signers) posed landfill site at the County Carr Canded rried the nfol owing votcilman e: Rome due to the ill effect it Fairground act.iv- Yeas—Mayor Thoms, Councilmen might have on and read. Mayor Braays 1 •sone nn, Lundh, Stackis. ities, presented Thoms moved that the petition and filed, and referred Petition of James Lex objecting be receirpd to the Engineering Department, ing to the proposed landfill site at the Home, presented Seconded by Councilman Just- by the following dCounty Thoms mover that the mmann, Carried petition be received and filed and vote: Yeas --Mayor Thom -5. Councilmen referred to the Engineering De- Seconded by Councilman partment.Brady, Justmann, Lundh, Stackis. Justmann. Carried by the follow Nays—None. Petition of Eldon J.he &pro osed ing Y a vote: Thoms, Councilmen Bahl objecting landfill site at the County Home Brady, Justmann, Lundh, Stackis. and hoping that the correct an- is recycling, Nays—None. Petition of Wilfred Prier object - swer to the problem and read. Mayor Thoms ing to the proposed landfill site at presented moved that the petition be re- the County Home, presented and Mayor Thoms moved that the ceived and filed and c- Vic- read. petition be received and filed and Derefpartment. Engineering Department. eferred to the Engineering De - ondethe by Councilman Justmann. following vote: P artment. Seconded by Councilman Carried by the Carried Yeas Thoms, Councilmen Justmann. Carried by the follow - --Mayor Brady, Justmann, Lundh, Stackis. ing vote: Yeas—Mayor Thoms, Councilmen Nays—None. Petition of Thomas Schenker et Brady, Justmann, Lundh, Stackis. al (21(34 signers) objecting to the Nays—None. Petition of Vincent McFadden proposed landfill site due a the in the mall et ux objecting to the proposed high density population it landfill site at the County Home, area and the adverse effect Fairground actio resented and read. Mayor Thoms would have on ities, presented and read. Mayor moved that the petition be re- and filed and referred to Thoms moved that the petition be ceived the Engineering Department. Sec - received and filed, and referred Department. onded by Councilman Justmann. to the Engineering Just - Carried by the following vote: Seconded by Councilman mann. Carried by the following Brady, Justmann, Lundh, Stackis. vote: Yeas.. --Mayor 'ThomsCouncilmen Nays—None., hire Elsa Adams addressed the Brady, Justmann, Lundh, Stackis. Council relative to the reestablish- Nays—None. Petition of Robert C. & Naomi merit of a Girls Center for the Councilman Justmann moved G. Buelow as being opposed to the City. that the request be referred to proposed landfill site at the Coen- the Recreation Department for a ty Home and suggesting the ex - report. Seconded by Councilman ploration of recycling in coopera• tion with the Interstate Power Co., Stackis. Carried by the following presented and read. Mayor Thoms vote: Yeas --Mayor Thorns, Councilmen moved that the petition be Ce" ceived and filed and referred to Brady, Justmann, Lundh, Stackis. the Engineering Department. Sec- Nays --None. Petition of Iowa Student Public onded by Councilman Justmann. Interest Research Group (1SP1RG) Carried by the following vote: i of a s lu- requesting a option Yeas ---Mayor Thoms, Councilmen Stackis. tion in Senate File Brady, Justmann, Lundh, Special Session, January 21, 1974 that would appropriate $5,000,000 annually to Iowa cities and towns for urban Mass Transit. Systems, presented and read. Councilman Brady moved approval and the Transit Authority be requested to concur. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Arthur W. Pins, re- questing rezoning classification of Old Timer Athletic and Supper Club Place except the north 180' thereof from Single Family to Multiple Family District classifi- cation, presented and read. Mayor Thoms moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of American Legion Auxiliary requesting permission to sell poppies on May 17th and 18th, presented and read. Councilman Justmann moved that the petition be approved and referred to the Manager for implementation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of V.F.W. requesting permission to sell poppies on May 17th and 18th, if not on those dates May 24th & 25th, presented and read. Councilman Justmann moved approval of the petition and that same be referred to the City Manager for implementation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Gleason Memorials at 3250 Central Ave, requesting consideration for purchase of platted alley abutting their prop- erty, approximately 10' and 92' long, presented and read. Coun- cilman Justmann moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Thomas D. Walsh et al (48 signers) requesting change in present section of the City Zon- ing Ordinance that permits the use of prime residential neigh- borhoods for totally incompatible uses, such as the Delhi -University neighborhood and the Brammer store area, presented and read. Mayor Thoms moved that the pe- tition be referred to the City Man- ager. Seconded by Councilman Stackis. Carried by the following_ vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. :Nays—None. January 18, 1974 Honorable Mayor and City Council I return to you the letters of Mr. A. J. Kisting and Mr. James R. Kisting about the purchase of City -owned property at Delhi and University Avenue. I have also attached a copy of a petition from residents of the surrounding area stating their feeling that the area should continue to be zoned "Bus- iness A" district. I have reviewed the proposal to purchase city prop- erty and make this recommenda- tion: 1. That the property be not sold at this time. 2. That the Council make it known that it will not endorse the lease of city property as an ad- junct to a tavern -like operation conducted in the building at 1306 Delhi Street. 3. That upon proper termination of the present lease the city will negotiate a ten year lease with an option to renew for a second ten year period. The objectives of these recom- mendations are: 1. Prevent a tavern from being operated in the area. 2. Continue the usefulness of the land. 3. Provide open space for the neighborhood. A grocery store building existed at 1306 Delhi Street as a noncon- forming use in a multiple residen- tial district when the city zoning ordinance was adopted in 1934. In 1960 city property to the west of the store building was leased to the owner and operator of the store. In 1970 this lease was re- Special Session, January 21, 1974 37 newed to extend to February 28, 1980. In 1967 the store building was destroyed by fire and in order to rebuild, the owner of the store building requested a rezoning of that property from multiple resi- dence zoning district to Business W, district. There was also a second request to rezone property east of Glen Oak Street to Busi- ness "B" district. On June 15. 1967 the Planning and Zoning Commission conducted a hearing and passed a motion that the 1306 Delhi location and property along the south side of University to lot at 1158 easterly of Glen Oak Street be rezoned to Business "A" district. No one ap- peared at the hearing to speak in favor or in opposition. A petition was filed by eight property own- ers and residents of the area sup- oprt:ng the rezoning of the 1306 Delhi Street property (at least three of the signatory are cur- rently property holders or reside in the neighborhood). It is writ- ten in the minutes of the meet- ing, "It was the opinion of the Commission that the increased traffic that might be created by certain uses permitted in the Lo- cal Business "B" would not he desirable for this area." The or- dinance revision was passed by Council, August 7, 1967, Current Situation The owner of the property at 1306 Delhi Street has closed his business and is selling the lot and building. He indicated to me that there were several parties who might purchase the property and that one, the American Le- gion, had an option to purchase the property which continues to about January 24th. He also ex. plained that if the building was sold he would either request a transfer of his lease of city prop- erty or request a sub -lease ar- rangement. He further explained that an offer from Dubuque Life Insurance had been rejected. A representative of the Ameri- can Legion instructed me that the option was for the store property only and was not conditioned on a lease of city property. And fur- ther, if the Legion does purchase the property it was the intent to operate a facility available for drinking alcoholic beverages with- out restriction to "club -patrons." Representatives of the Dubuque Life Insurance Company have in- formed me that they will not lease the city property, but as written in their letters they will purchase that part of the city property used for parking and agree to maintain the park area. In a telephone survey of neigh- borhood opinion as to whether or not the city property should be sold, response covered the range: --object to selling —no objection to selling —will not approve until use of store property is certain —preserve the park —possible purchase by neighbor- hood people for private park- ing An Alternative Course An alternative course of action which has been considered is the offering for public sale a portion of the city land and retaining the westerly section as a small park. I have not recommended this course of action because: 1. The property is leased. 2. A sale offering should be made to the public and not di- rectly to a specific purchaser. 3. The situation should not be conditioned by some "extra" ac. tion taken by the Council, but is more equitably handled under con- ditions which the current owner of the 1306 Delhi Street property has agreed to in a lease contract. Gilbert D. Chavenelle City Manager Mayor Thorns moved that items 1, 2 and 3 be approved, on page one of the communication. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of D.A.V. Club request- ing a refund of $25 on the unex- pired portion of cigarette license No. 97, as they have discontinued business on January 5, 1974, pre- sented and read. Mayor ranted rns moved that the refund be g and the Auditor be instructed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, StacW. Nays ---None. 38 Special Session, January 21, 1974 Petition of Richard Bower re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 248, as he has discon. tinued business on December 28, 1973, presented and read. Mayor Thoms moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays ---None. Proof of Publication, certified to by the Publisher, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds to pay for part of 1973 Aspahlt Paving Project No. 1— University Avenue from the W.P.L. of McCormick Place to E.P.L. of Gilliam Street Topics Project No. T-735-7 (3)46.31, presented and read. No written objections were filed and no oral objectors were present at the time of the hearing. Councilman Justmann moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Statement of City Clerk certify- ing Lhat notices of levy and as- sessment were mailed by certified mail on December 20, 1973, to property owners of record, subject to assessment to pay for cost of constructing part of 1973 Asphalt Paving Project No. 1, University Avenue from McCormick to Gilli- am Street, presented and read. Councilman Justmann moved that the statement be received and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Statement of R. D. Rampson, a member of the Engineering De. partment~ certifying that notices of levy and special assessment were posted in the assessable area of University Avenue from McCor• mick to Gilliam Street being a Part of 1973 Asphalt Paving Proj• tett on January 14, 1974, presented and read. Councilman Justmann moved that the statement be re. ceived and filed. Seconded by Ma. yor Thoms. Carried by the follow- ing vote: Yeas—Mayor Thoms, Councilmen Brady, JnSlmann, Lundh, Stackis. Nnys—None. RESOLUTION NO. 18-74 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for part of City of Dubuque 1973 Asphalt Paving Project No. 1, University Avenue from the W.P.L. of McCormick Place to E.P.L. of Gilliam Street by Mulgrew Black. top Inc., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oppo- site each lot or parcel of real es- tate, as set forth in the following schedule: CITY OF DUBUQUE 1973 ASPHALT PAVING PROJECT NO. 1—Univer5ity Ave. from the W.P.L. of McCormick St. to the E.P.L. of Gilliam St, Construction Cost Assessable City Project Share Share Total $18,067.09 $132,539.29 $150,606.38 Engineering Expenses Assessable City Project Share Share Total -0- 15,452.17 15,452.17 Postage & Legal Notices Assessable City Project Shan Share Total 181.72 -0- 181.72 5% Int./52 Days Assessable City Project Share Shan Total 130.48 -0- 130.48 Assessable City Project Shan Share Total $18,379.29 $147,991.46 $166,370.75 University Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam St. with Asphalt Paving Iowa Oil Company, Lot 1- 2-1, Schulers Subdivision 368.68 Iowa Oil Company, Lot 1- 2, Schulers Subdivision.... 347.55 Kent H. Jecklin, Lot 1-1 Schulers Subdivision ...... 139.42 Kent A. Jecklin, Lot 2-2.1, Schulers Subdivision ...... 18.86 Kent IL Jecklin, Lot 2-2, Schuler's Subdivision .... 135.34 Special Session, January 21, 1974 134 Dolter Foods, Inc.., Lot 3, Sehulers Subdivision ...... 403.78 Dolter Foods, Inc., Lot 4, 'Sehulers Subdivision ..... 497.95 Loann Corporation, Lot 51 Schulers Subdivision .... 131.55 Lel F. Boge, Lot 1-222, Finley's Addition ............ 733.65 Cyril F. Boge, Lot 2.222, Finley's Addition ......... 53.45 Cyril F. Boge, Lot 223, Fin- ley's Addition ................. 790.99 Donald E. & Mildred E. Deckert, Lot 1-224, Fin- ley's Addition .................. 730.81 Viola Lambe (survivor), Lot 2.224, Finley's Addition.. 61.32 ,Tames E. & Jane F. Butt, Lot 13, Finley, Waples, BurtonAdd. .................... 165.57 James E. & Jane F. Butt, Lot 14, Finley, Waples, BurtonAdd. .................... 50.79 James E. & Jane F. Butt, Lot 15, Finley, Waples, Burton Add . .................... 648.54 James E. & Jane F. Butt, I.ot W'!' -16, Finley, Wa- ples, Burton Add . ............ 324.32 Mary Lou Huseman, Lot E'rz-16, Finley, Waples, Burton Add . .................... 324.32 Ambrose & Patricia Met- tille, Lot 17, Finley, Wa- ples, Burton Add . ............ 648.54 Rost G. Sr. & ,lane E. Kaune, Lot N. 35' S. 50' 18, Finley, Waples, Bur- tonAdd . ............................ 71.93 Rost G. Sr. & Jane E. Kaune, Lot N. 35' S. 50' 19, Finley, Waples, Bur- tonAdd . ............................ 71.93 Rost G. Sr. & Jane E. Kaune, Lot N. 95' 18, Fin- ley, Waples, Burton Add. 556.42 Jerome W, & Jean A. Close, Lot N. W. 95' 19, Finley, Waples, Burton Add. ...... 556.42 Walter E. & Mary F. Bock- enstedt, I.ot S. 15' 18, Fin- ley, Waples, Burton Add. 20.19 Walter E. & Mary F. Bock- enstedt, Lot S. 15' 19, Fin- ley, Waples, Burton Add. 20.19 Loras & Leta A. Beadle, Lot 2 S. pt. 225, Finley's Addition ............................ 47.77 Loras & Leta A. Beadle, Lot 2 S. pt. 226, Finley's Addition ............................ 44.26 Leon F. & Claretta C. Breit - Bach, Lot N. 6u' 226, Fin- ley's Addition .................. 14.97 Leon F. & Claretta C. Breit - Bach, Lot N. W 228, Fin- ley's Addition .................. 12.23 I,eon F. & Claretta C. Breit- bach, Lot N. 60' 227, Fin- ley's Addition .................. 10.14 Paul G. & Patricia L. Gab- rielson, Lot 1 S. pt. 225, Finley's Addition ............ 567.61 Paul G. & Patricia L. Gab- rietson, Lot 1 S. pt. 226, Finley's Addition ............ 574.81. Roger D. & Barbara G. woods. Lot S. 194' 227, Finley's Addition ........I... 622.67 Philomenia Haun, Lot, 228, Finley's Addition ............ 634.23 Margt. Streletzky Est., Ikt 229, Finley's Addition .... 516.14 Neil C. & Mary- C. McDon- ough, Lot 1-232, Finley's Addition ............................ 76.39 Charles Ulrich Est.., Lot 1-2- 2-1, Mineral Lot 256 ........ 44.07 Charles L. Metcalf (und. % int.) & Brenda L. Hansel (und. ala int.), Lot 1-136, Finley, Waples, Burton Addition ............................424.07 Charles L. Metcalf (und. % int.) & Brenda L. Hansel (und, 4 int.), Lot 2-137, Finley, Waples, Burton Addition ............................ WW2 Genevieve & Wm. Vander Meulen, Lot 1-137, Finley, Waples, Burton Add. ...... 458.14 Willard & Isabel Grace, Lot. 138, Finley, Waples, Burton Add . ...................... 583.05 Thomas S. & Evelyn B. But. ler, Lot 134, Finley, Wa- plea, Burton Add. .......... 648.54 Thomas S. & Evelyn B. But- ler, Lot 135, Finley, Wa- ples, Burton Add . ............ 648.54 George A. & Vera W. Spensley, Lot 133, Finley, Waples, Burton Add. .... 648.54 Delbert W. & Elaine J. Hil- lery, Lot 132, Finley, Wa- ples, Burton Add. .......••••• 648.54 Ralph L. & Bertha May Wal- ters, Lot 131, Finley, Wa' 64$ pies, Burton Add. ......... F. W. & Margt. Sch With , Lot 130, Finley, P Burton Add . ...................... 648.54 Molo Oil Company, Lot W. 85' 1 129, Finley, Waples, Burton Add . ...................... 682.62 Molo Oil Company, Lot E. 35'-1-129, Finley, Waples, Burton Add . ...................... M-0 44 Special Session, January 21, 1974 Michael T. Hannelore Car- roll, Lot 1-2-129, Finley, Waples, Burton Add....... 324.13 Edward A. & Mary A. Swift, Lot W. 60-2-2-129, Finley, Waples, Burton Add. .................................... 37.25 Duane K. & Judith H. Baier, Lot E. 60-2-2-129, Finley, Waples, Burton Add. .... 19.62 18,379.29 All of the above assessed accord- ing to the benefits conferred. 215.0 tons A.C. Binder Course -Type "A" @ $11.66 .............................. $2,506.90 *461,5 tons A.C. Binder Course - Type "A" @ 11.66 ................................ 5,381.09 215.0 tons A.C. Surface Course - Type "A" @ 12.07 ................................ 2,595.05 *872.5 tons A.C. Surface Course - Type "A" @ 12.07 ................................10,531.08 728.0 tons Asphalt treated base -Class 2 @ 7.25.... 5,278.00 *2,729.5 tons Asphalt treated base -Class 2 @` 7.25 ..................................19,788.88 353 gals. Tack coat, RC - 70 @ 0.30 ...................... 105.90 *157 gals, Tack coat, RC - 70 @ 0.30 ........................ 47.10 284 tons Driveway surfac- ing material C, 3.16 .... 897.44 *1,378.88 tons Driveway surfacing material @ 3.16 .................................. 4,357.26 5 no, of Adjustment of fixtures C? 75.00 .......... 375.00 *5 no. of Adjustment of fixtures Ci 75.00 ............ 375.00 *5 no. of Manhole cast ring and cover c 75.00 375.00 *386.2 lin, ft. Concrete Sawing . 1.00 .............. 386.20 *434.1 lin. ft. Asphalt sawing C, 0.50 ................ 217.05 *33.99 sta. Remove curb, gutter & drive sec- tion @ 110.00 .............. 3,738.90 *2,537.68 sq. yds. Remov- al of sidewalk and 6" drive @ 1.95 .................. 4,948.48 *73 no. of P.C.C. steps @ 30.00 ................................ 2,190.00 *63.0 cu. yds. Y.C.C. re- taining wall -2 ft. @ 130.00 .............................. 8,190.00 *59.5 cu. yds, P,C.C. re. taining wall @ 130.00 7,735,00 *2,980.9 lin, ft. P.C.C. curb and gutter, type "A" @ 4.40 .................................. 13,115.96 *78.0 lin. ft. Handrail in- stalled @ 9.00 ................ 702.00 *380.9 lin. ft. P.C.C. curb and gutter, type "B" n 4.50 .................................. 1,714.05 *117.995 sq. ft. Sodding C; 11.00 .......................... 1,297.95 *14,644.5 sq. ft. P.C.C. Sidewalk -14" @ 0.85 .... 12,447.83 *4,131.9 sq. ft. P.C.C. Side- walk -6" @ 1.10 .......... 4,545.09 *260.05 sq. yd. P.C.C. Driveway -6" @ 9.90.... 2,574.50 1,828 sq. yds. Excavation, Class 10 @ 2.10 ............ 3,838.80 *2,332 cu. yds. Excava- tion, Class 10 @ 2.10.... 4,897.20 *Lump sum, Signal lights relocation @+ 3000.00 .... 3,000.00 *37 no. of Watervalve street box, uppersect w/ lid @ 35.00 .............. 1,295.00 *12 no. of Buffalo stop box, uppersect w/lid @' 27.50 ................................ 330.00 *5 no. of Catch basin re- moval C, 77.00 .............. 385.00 *Lump sum, Removal of existing structures @ 1300.00 ............................ 1,300.00 *4 no. of Catch basin, sin- gle type 101-B @ 460.00 1,840.00 *282.1 lin. ft. 15" R.C.C.P. 2000D, "o" ring joints «. 13.50 .......................... 3,808.35 *2 no, of Clearing and grubbing: 17"-15" @ 130.00 .............................. 260.00 *2 no. of Clearing and grubbing: 18"-24" C, 240.00 .............................. 480.00 *1 no. of Clearing and grubbing: 24"-30" @ 300.00 .................. 300.00 *1 no, of Clearing and grubbing: 30"-36" @ 385.00 .............................. 385.00 *2 no, of Sign -remove and replace C& 770.00.... 1,540.00 *1 no. of Precast concrete manhole @ 330.00 ........ 330.00 65 tons A.C. Concrete 85- 100 pen @ 38.00 .......... 2,470.00 *165.24 tons A.C. Concrete 85.100 pen y1 38.00 ...... 6,279.12 *273.0 lin. ft. Curb - type „C„ „ 4.40 .................... 1,201.20 *1 no of Sign, modifica- tion a' 250.00 ................ 250.00 Total Construction Cost $150,606.38 *Less City Share ............ 132,539.29 Special Session. January 21, 1974 41 Assessable Amount $ 18,067.09 7.09 Postage & Legal Notice 5% Interest -52 Days .... 130.48 Total Assessable Amt ..... $18,379.29 Passed, adopted and approved this 21st day of January 1974. Allan T. Thorns Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of public hearing to consider a proposal to authorize the issuance of Street Improvement Bonds in the amount of $18,379.29 for the purpose of paying the cost of part of City of Dubuque 1973 Asphalt Paving Project No. 1—University Avenue from McCormick Place to Gilliam Street, presented and read. Mayor Thorns moved that the proof of publication be received and filed. Seconded by Council. man Justmann. Carried by the fol- lowing vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined: NOW THEREFORE BE I1' RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 Asphalt Paving Project N.o 1—University Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street, there shall be issued street improvement bonds in the amount of $18,000.00 Dollars in anticipa. tion of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of February 21, 1974; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series Bond Denom. Maturity No. No. 1 1 $1,0()0.00 April 1, 1974 2 2 $1,000.00 April 1, 1975 3 3-4 $1,()00.00 April 1, 1976 4 5-6 $1,()()0.00 April 1, 1977 5 7-8 $1,0()0.00 April 1, 1978 6 9-10 $1,000.00 April 1, 1979 7 11-12 $1,000.00 April 1, 1980 8 13.14 $1,000.00 April 1, 1981 9 15-I6 $1,000.00 April 1, 1982 10 17-18 $1,000.00 April 1, 1983 3. Said bonds shall bear interest at the rate of six per cent per an- num, payable annually in accord- ance with coupons thereto at- tached: 4. Said bonds shall not make the. City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be, payable at any time prior to the maturity date stated therein at the option of the City RESOLUTION NO. 19.74 Resolution providing for the is- suance of Street Improvement bonds for the purpose of pro- viding for the payment of the assessed cost of City of Dubuque 1973 Asphalt Paving Project No, 1—University Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $18,379.29 Dollars of the cost Special Session, January 21, 1974 of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo................. ............................ CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, the sum of one thousand dollars with interest thereon at the rate of six per cent per an- num, payable annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the Stats of Iowa. This bond is issued by the City of Du buque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 21st day of January, 1974, be- ing Resolution No. 19-74. This Bond is one of a series of 18 bonds, all for $1,000.00 numbered from 1 through 18, all of like tenor and date, and issued for the pur- pose of providing for the deferred payment of the assessments levied for the City of Dubuque 1973 As- phalt Paving Project No. 1—Uni- versity Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special As- sessment Fund 1300 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre. vocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 21st day of January, 1974. (SEAL) ........................................................... ............................................................ City Clerk (Form of Coupon) on the .......... day of ..................... the City of Dubuque, Iowa, prom ises to pay to the bearer, as pro- vided in said bond, the sum of .................. Dollars, in the office of the City Treasurer in the City of Dubuque, being .......... months' in- terest due that date on its .............. Bond No........... dated ...................... ............................. '.................. Mayor .................... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1300 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as num- bered. The notice of election to call these bonds shall be given by Regular United States Mail ad- dressed to the last known address of the purchaser. Special Session, January 21, 1974 43 10. Passed, adopted and ap- proved this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mavor Thoms moved adoption of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays --None. proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of East 4th Street Ex- tension Sanitary Sewer 1973, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Stackis moved that the proof of publication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity for construction of East 4th Street Extension Sanitary Sewer were mailed to property owners of rec- ord on December 20, 1973, pre. sented and read. Mayor Thoms moved that the statement be re- ceived and filed. Seconded by Councilman Lundh, Carried by the following vote: Yeas --Mayor 'Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. (Necessity for Improvement) RESOLUTION NO. 396-73 WHERF.'AS, proposed plans, spe cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque, and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the East 4th Street Extension Sani- tary Sewer -1973. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve - mer -t will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will he assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or as- sL ssment district shall be assessed .0 and paid by the railway com- pany. 44 Special Session, January 21, 1974 The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 17th day of December, 1973. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 21st day of January 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Decision of Council upon objet• tions to plans, specifications, form of contract and cost of Improvements. RESOLUTION NO. 20-74 WHEREAS, proposed plans and specifications and form of con- tract for the East 4th Street Ex- tension Sewer -1973 have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all ob. jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 17th day of December, 1973, and WHEREAS, the City Council met in special session this 21st. day of January, 1974, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro. posed plans, specifications or con. tract for or cost of the improve. ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all objec- tions which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci. fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be. made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. (Ordering Construction) RESOLUTION NO. 21-74 BE 1T RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 395.73 which was duly passed by this Council, for the East 4th Street Extension San- itary Sewer -1973, be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying Special Session, January 21, 1974 45 within the assessable distance from I the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewage rental funds of the city. Payment will be made to the contractor out of funds real- ized from the sale of sewer bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of tae resolution. Seconded by Mayor Thoms. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 22.74 WHEREAS, the City of Dubuque has secured an easement agree- ment from Illinois Central Gulf Railroad Company in connection with the installation of the Cen- tury Drive and Bics Drive under- ground sanitary sewer; and WHEREAS, said Easement Agree- ment should be approved and de- livery thereof be accepted; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Easement Agreement by and between Illi- nois Central Gulf Railroad Com- pany and the City of Dubuque, Iowa, dated December 10, 1973, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Easement Agreement for and on behalf of the City of Dubuque, Iowa and that delivery of the Grant of Easement is herewith ac- cepted. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Grant of Easement to be recorded in the office of the Dubuque County Recorder. Passed, approved and adopted this 21st day of January 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Time and place of hearing to dis- pose of interest in Lot 1 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot One of Block 5 River Front Sub. No. 3 in the City of llubuque, Iowa to United Parcel Service Inc. of Omaha, Nebr., pre- sented and read. No written objections were filed and no oral objectors were pres. ent in the Council Chamber at the time set for the public hear- ing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas --Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 23.74 W liLALAS, there has been pre- sented to the City Council of the 4 Special Session, January 21, 1974 City of Dubuque, Iowa, a plat, dated January 18, 1974, prepared by Bartels, McMahan, LeMay, Haas & Fay Engineering Co., licensed civil engineers and land survey- ors, covering Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 in "Riv- er Front Subdivision No. 3" in the City of Dubuque, Iowa, being a part of Roosevelt Street Exten- sion; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat, dated January 18, 1974, prepared by Bar- tels, McMahan, Haas & Fay Engi- neering Co., licensed civil engi- neers and land surveyors, covering the real estate hereinabove de- scribed, be and the same is here- by approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on be- half of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 24-74 WHEItEAS, there has been pre. sented to the City Council of the City of Dubuque, lows, a plat, dated January 18, 1974, prepared by Bartels, McMahan, LeMay, Ilaas & Fay Engineering Co., li- censed civil enyjneers and land surveyors, covering the Subdivi. sion of Lot 2 of Lot 2 of Lot 1 of Block 5 "River Front Subdivi. sion No. 3" and the Subdivision of Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 in `River Front Subdivision No. 3" in the City of Dubuque, Iowa; and WITEREAS, said plat conforms to the laws and statutes pertain- ing thereto; NOW THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat, dated January 18, 1974, prepared by Bar- tels, McMahan, LeMay, Haas & Fay Engineering Co., licensed civ- il engineers and land surveyors, covering the real estate herein- above described, be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 25.74 WHEREAS, there has been pre- sented to the City Council of the City of Dubuque, Iowa, a plat dated January 18, 1974, prepared by Bartels, McMahan, LeMay, Haas & Fay Engineering Co„ licensed civil engineers and land survey- ors, urveyurs, covering the Subdivision of Lot 2ofLot 2of Lot2ofLot 1 Of Block 5 of "ILver Front Sub- division No. 3" in the City of Dubuque, lows; and Special Session, January 21, 1974 47 WHEREAS, said plat conforms to the laws and statutes pertain - in?. thereto: NOW THEREFORE BE IT RF, 5 OLVED by the City Council of the City of Dubuque, Iowa: Section 1, That the plat, dated January 18, 1974, prepared by Bar- tels, McMahan, LeMay, Haas do Fay hngineering Co., licensed civil en- gineers and land surveyors, cov- ering the mal estate hereinabove described. be and the same is here- by approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on be- half of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he Is hereby authorized and directed to file said plat and ceritfied copy of this Resolution in the office of the Recorder in and for Dubuque County, lowa. Passed, approved and adopted this 21st day of January, 1974. Allan T. Thorns Mayor James E. Brady Alvin E. I,undh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas—Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays --None. AN ORDINANCE Vacating a portion of Roosevelt Street Exten- sion and to be hereafter described and known as Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 in "River Front Subdivision No. 3 in the City of Dubuque, Iowa, presented and read. Councilman Stackis moved that the Ordinance be referred to the Planning & Zoning Commission. Seconded by Mayor Thoma. Car- ried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis Nays—None. RESOLUTION NO. 26.74 WHEREAS, pursuant to Resolu tion of published notice of time and place of hearing published ii the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on December 21, 1973 and December 28, 1979, City Council of City of Dubuque, Iowa met on the 21st day of January, 1974 at 7:30 o'clock P.M. (Central Daylight Sav- ings Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the proposal to dispose of interest of the City of Dubuque, Iowa, in real estate here- inafter described, to United Par- cel Service, Inc. of Omaha, Ne- braska; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or writ- ten, to the proposal to dispose of interest. of City of Dubuque, Iowa: NOW THEREFORE BE IT R& SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of interest of City of Dubuque, Iowa in the following described pared of real estate, to -wit: Lot I of the Subdivision of I.ot 2 of Lot 2 of Lot 2 of Lot One Of Block 5, "River Front Subdi- vision No. 3," in the City of Dubuque, Iowa, containing 2.052 acres more or less to United Parced Service Inc. of Omaha, Nebraska for twenty-five ($.25) cents per square foot in the total amount of Twenty-one Thousand, Seven -Hundred Eighty ($21,780.00) Dollars be and the same is hereby approved, subject to the following terms and condi- Lions: 1. That the said real estate be sold to United Parcel Service Inc. of Omaha, Nebraska for the con- struction thereon of a new build- ing containing approximately 10,000 square feet. 2. That the sale price for said real estate shall be $25 per square foot in the total amount of Twen- ty-one Thousand, Seven -Hundred Eighty ($21,780.00) Dollars for a certain Boo' by 450' lot and the receipt of Twentyne Hundred Seventy Eight (S2,17 ars as down payment is herewith ac- knowledged by the City. 3. That construction of said building shall be commenced with- in one (1) year of adoption and the passage of this Resolution and shall be c.Oniplet,ed wits" two (2) years of delivery of deed and upon failure so to do or a failure to 48 Special Session, January 21, 1974 make improvements as to the land within (1) one year by the United Parcel Service Inc. of Omaha, Ne- braska, purchaser, then said real estate shall automatically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in con- formance with existing City codes, and manufacturing process carried out in accord with City Ordinance. 5. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repair, inspect and maintain the same. 6. That all utilities and services to proposed buildings be connect- ed at buyer's expense. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance conveying the above described real estate to United Parcel Service Inc. of Omaha, Ne- braska upon receipt of the full purchase price of $21,780.00. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 21st day of January, 1974. Allan T. Thorns Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Cerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None, To the Honorable Mayor and City Council We have conducted negotiations with Mr. John C. Duffey for the purchase of his property at 958 and 968 Bluff Street for the loth Street Widening Project. The property is legally described as the north 28 feet of City Lot 639, the south 23.2 feet of City Lot 639 and Lot 2 of the north 11.8 feet of City Lot 640 as shown on the accompanying plat outlined in red. The letters concerning negotia- tions for this property are en. closed and the latest telephone conversation between Mr. Duffey and Mr. White have pr.)ved fruit- less in reducing his demand of $45,000 for this property, which was appraised at $26,600. I, therefore, request that your Honorable Body direct the City At- torney to proceed with the neces- sary legal action to secure said property. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Thorns, Councilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 27-74 WHEREAS, the City of Du. buque, Iowa has been negotiating with John C. Duffey and Margaret Duffey, husband and wife, and owners of premises known as 958 and 968 Bluff Street in the City of Dubuque, Iowa and legally de- scribed as follows: The North 28 feet of City Lot 639 in the City of Dubuque, Iowa and The South 23'2" of City Lot 69a and Lot 2 of the North 11.8' of City Lot 640 in the City of Dubuque, Iowa; and WHEREAS, the City of Du. buque, Iowa is attempting to ac- quire said premises for the devel- opment of Tenth Street and for general purposes; and WHEREAS, the City of Du. buque, Iowa and John C. and Mar- garet Duffey have not been able to negotiate a sale and purchase price for said property; and WHEREAS, the. City of Du- buque, Iowa finds and determines that Eminent Domain Proceedings should be instituted to acquire said real estate by the City of Dubuque, Iowa; Special Session, January 21, 1974 49 NOW THEREFORE BE IT RE 213-72 authorizing to be issued, SOLVED by the City Council of from time to time, Project Notes the City of Dubuque, Iowa: in connection with the Downtown Section 1. That Eminent Domain Urban Renewal Project, Iowa R - Proceedings be instituted forth- 15; and with by the City of Dubuque, Iowa WHEREAS, under date of Octo- for the acquisition of the follow- ber 15, 1973, the Council of the ing described real estate. City of Dubuque authorized the The North 28 feet of City Lot issuance and sale of its Project 639 in the City of Dubuque, Notes in the aggregate principal Iowa amount of $1,738,000 to finance and certain undertakings in connection The South 23'2" of City Lot 639 with the Downtown Urban Renew - and Lot 2 of the North 11.8' of al Project, Iowa R•15; and City Lot 640 in the City of Du- WHEREAS, in order to refi- buque, Iowa nance a portion of said outstand- from John C. Duffey and Margaret ing Project Notes, it is necessary Duffey and that the City Solicitor for the City of Dubuque to sell be and he is hereby ordered and Project Notes (First Series 1974) directed to institute said Eminent totaling $1,565,000; now therefore Domain Proceedings forthwith for BE IT RESOLVED by the City and on behalf of the City of Du- Council of the City of Dubuque, buque, Iowa. Iowa: Section 2. That the City Solici• Section 1. That the City Clerk for be and he is hereby directed and empowered to do any and all be and he is hereby authorized things necessary and incidental to and directed to publish according said Eminent Domain Proceedings. to law, "Notice of Sale — Project Passed, approved and adopted Notes" in the form of Exhibit "A" this 219t day of January, 1974, attached hereto and made a part Allan T. Thorns hereof. Mayor Section 2. That the City Clerk C. Robert Justmann be and he is hereby authorized Alvin E. Lundh and directed to accept and tabu - Emil Stackis late proposals for the sale of said James E. Brady notes and to send telegrams of Councilmen acceptance to the low bidder or Attest: bidders all in accordance with in - Leo F. Frommelt struct.ions covering such transac- City Clerk tions as provided by the Depart - Councilman Stackis moved adop- ment of Housing and Urban De - tion of the resolution. Seconded velopment, United States of Amer - by Mayor Thoms. Carried by the ica. following vote: Section 3. That a meeting of Yeas—Mayor Thorns, Councilmen the Council of the City of Dubuque Brady, Justmann, Lundh, Stackis, shall be held after the bid open- Nays—None. ing date of February 5, 1974, to adopt such resolution or resolu- tions necessary for the consumma- tion of the sale of Project Notes (First Series 1974) to the lowest bidder or bidders. Passed, approved and adopted this 21st day of January, 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Emil Stackis Councilmen RESOLUTION NO. 28-74 Authorizing the Publication of Notice of Sale of Project Notes (First Series 1974) and the Re- ceiving of Proposals for the Sale of Said Notes for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque en- tered into a Loan and Capital Grant Contract for the undertak. ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of July 3, 1972, the Council of the City of Dubuque adopted Resolution No. Attest: Leo F. Frommelt City Clerk 50 Special Session, January 21, 1974 Notice of Sale Project Notes Sealed proposals will be re- ceived by the City of Dubuque (herein called the "Local Issuing Agency") at Council Chambers, City Hall, 13th & Iowa in the City of Dubuque, State of Iowa, until, and publicly opened at, 1 o'clock P.M. (E.D.S.T.) on February 5, 1974, for the purchase of $1,565,000 of Project Notes (First Series 1974), being issued to aid in financing its projects(s) as follows: Amount Series Maturity $1,565,000 First -1974 June 21, 1974 The Notes will be dated March 5, 1974, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals accepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shall be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agen- cy at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the January 22, 1974 issue of The Daily Bond Buyer. CITY OF DUBUQUE, IOWA By Leo F. Frommelt Authorized Officer Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 18, 1974 To the Honorable Mayor and City Council I would like the council to ap- prove the enclosed resolution to dedicate a lot which we purchased to widen Hill Street some years ago. At the corner of Hill and Fifth Streets, Hill Street was widened over this lot, but the lot was never dedicated for street purposes. The abandoned Standard Station sits behind this lot to the west and legally they could W denied ae. cess to the street if the lot is not dedicated for street purposes. John L. White, P.E. City Engineer Mayor Thoms moved that. the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: yeas — Mayor Thorns, Council, men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 29.74 WHEREAS, on the 21st day of September 1944, City of Dubuque, Iowa acquired by means of a Warranty Deed from Flora Har- kett, spinster and unmarried, the followed described real estate: Lot 1 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of the Subdivision of part of Out Lot No. 735 in the Town (now City) of Dubuque, Iowa, according to the recorded plats of said several subdivisions; Air SO, Lot No. 1 of the Subdivision of Lot No. 1, and Lot No. 2 of the subdivision of Lot No. 2 of the Subdivision of Lot No. 1; both of the subdivisions of Lot No. 37 in "Plat of Town Lots the property of Francis Kelly, Dubuque, Iowa" (commonly known as Kelly's Subdivision of Town Lots) in the City of Du. buque, Iowa, according to the recorded plats of said several subdivisions; and WHEREAS, City of Dubuque, Iowa acquired said respective par- cels of real estate for street pur- poses only, for the widening of Hill Street; and WHEREAS, said parcels of real estate were acquired by said War- ranty Deed, dated September 21. 1944, filed September 29, 1944 and recorded in Book 118 Town Lots. page 92 of Dubuque County rec- ords and the delivery of said deed should and be accepted by the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CM OF DUBUQUE, IO- WA: Section 1. That the delivery of Warranty Deed, dated September 21, 1944, filed September 29, 1944, and recorded in Book #118, page 92, of Dubuque County records wherein Flora Harkett, spinster and unmarried, conveyed the here- inabove described real estate to City of Dubuque, Iowa and delivery thereof be and the same is hereby Special Session, January 21, 1974 51 accepted by the City of Dubuque, Iowa. Section 2. That the real estate hereinabove describes for the ac- quired for street Purposes widening of Hill Street and said portion of said real estate de- scribed as: Lot 2 of Lot 1 of Lot 1 of Lot 2 of Out Lot 735 in the City of Dubuque, Iowa is herewith dedicated for street. purposes. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County, Iowa record- er. Passed, approved and adopted this 21st day Allan dT.aThom4 s Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the following vote: Years — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 30.74 WHEREAS, the City of Dubuque, Iowa through its City Manager has been negotiating an agreement re- lating to wages and working condi- tions and other employee benefits with various employee group or- ganizations and employee groups; and WHEREAS, the parties have reached a stage in said negotia- tions where Memorandum of Agree- ment among all of the parties is to be executed; and WHEREAS, the City Manager of the City of Dubuque, Iowa has ex- ecuted said Memorandum of Agree- ment on behalf of the City of Du- buque, Iowa and such signing of said Agreement should be ratified and confirmed; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the signing of the Memorandum of Agreement by and between City Manager for the City of Dubuque, Iowa and the respective employee groups be and the same is hereby approved, rat ified and confirmed. Passed, approved and adopted this 21st day of January, 1974. Allan T. Thomas Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms; Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 31.74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Ralph Lemmer, dba, Lemmers, 901 Rhomberg Avenue Eska Co., 2400 Kerper Blvd. (MY - CAP VENDORS) BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thomas, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. RESOLUTION NO. 32-74 WHEREAS, applications for Beer permits have been submitted 52 Special Session, January 21, 1974 to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba, Oky Doky Foods, _V9, 51 West 32nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis, Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 33.74. 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 occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow. ing named applicants a Beer per- mit. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba, Oky Doky Foods, #9, 51 West 32nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 34-74. WHERAS, applications for Liq- quor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RF SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap. proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen, dba, 1900 Tap, 1900 Washington St. Rita M. Clancy, dba, Clancy's Sil- ver Tap, 201 East 22nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 35-74. WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, Special Session, January 21, 1974 53 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 Lorraine A. Fransen, dba, 1900 Tap, 1900 Washington St. Rita M. Clancy, dba, Clancy's Sil- ver Tap, 201 East 22nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. The question was raised as to who should make payment of necessary hospital and other ex- penses, the City or County, in the case of the shooting of Alphonse Boge by a local police officer. Councilman Stackis moved that the City Attorney take whatever action is indicated. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None, Leo F. Frommelt City Clerk Approved June 17, 1974 Adopted June 17, 1974 54 Special Session, January 24, 1974 CITY COUNCIL (OFFICIAL) Special Session, January 24, 1974. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Thorns, Coun- cilmen Brady (absent at roll call), Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thorns read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering appointments to various Boards and Commissions and act- ing upon such other business as may properly come before a reg- ular meeting of the Council. Communication of Joseph J. Meyer, as agent of the Equitable I.ife Assurance Society, stating that his company is interested in submitting a proposal for long term life insurance and hospitali- zation, presented and read. Mayor Thorns moved that the communica- tion be referred to the City Mana- ger. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann; Lundh, Stackis. Nays—None. Absent — Councilman Brady. Communication of Continental National American Group Insur- ance advising that the City is be. ing considered responsible for an accident involving a city -owned bus driven by Stanley F. Wenzel and Cedar Rentals Inc. in the amount of $291.76 on 12-28-73 at Asbury & Carter Road, presented and read. Mayor Thorns moved that the communication be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays --None. Absent — Councilman Brady. Notice of claim of E. W. Petesch, in the amount of $25. for towing his car away unnecessarily which was parked behind his home on White street on January 15, 1974, while he was confined to a hos- pital, presented and read. Mayor Thorns moved that the notice be referred to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council. men Justmann, Lundh, Stackis. Nays — None. Absent — Councilman Brady. Notice of claim of Mrs. Roger Nebel, in the amount of $4000. for personal property damage in- curred as the result of a sewer back-up into her home at 1420 Parkway on January 18, 1974, pre- sented and read. Mayor Thorns moved that the notice of claim be referred to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays — None. Absent — Councilman Brady. Notice of claim of Stacia Schuster, in the amount of $166.19 estimated, for car damage incurred as the result of her car being struck by a city -owned vehicle on January 14, 1974 at 341 Main St., presented and read. Mayor Thorns moved that the notice of claim be r: ferrel to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council. men Justmann, Lundh, Stackis. Nays — None. Absent — Councilman Brady. Notice of claim of Paul C. Richard, in an estimated amount of $66.85, for car damage incurred as the result of striking a hole in the street at 32nd, between Central and Grandview, on January 20, 1974, presented and read. Mayor Thorns moved that the notice of claim be referred to the City At- torney for investigation and re- port. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays — None. Absent — Councilman Brady. January 24, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con• sidered a proposal to vacate a por- tion of the platted extension of Spmial Session, January 24, 1974 55 Roosevelt Street in the City of Dubuque, Iowa, described as Lot „A" of Lot 2 of Lot 2 of Lot 1, in Block 5, "River Front Subdivi- sion No. 3". It is the opinion of the Commis- sion that the platted street above described will not be needed for future thoroughfare purposes, and it is recommend that vacated.d plat- ted right of way CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent—Councilman Brady. ORDINANCE NO. 6-74 An Ordinance vacating a portion of Roosevelt Street Extension to be hereafter described as Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 in River Front Sub. division No. 3, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent—.Councilman Brady. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor 'Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent --Councilman Brady. ORDINANCE NO. 6.74 WHFREAS, a portion of RlKnvs'elt Street Extension has been established as a public street, and WtiFREAS, same shall hereafter be described and known as Lot "A" of Lot 2 of Lot 2 of Lot I of Block t in "River Front Subdivision N.o I" in the City of Dubuque, Iowa; and WHEREAS, City Council of City of Dubuque, Iowa determines said area should be vacated and that the Planning and Zoning Commission of City of Du- buque, Iowa has approved the vacation of said street extension as it no longer carves any public purpose; NOW THEREFORE, BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the vacation of s Portion of Roosevelt Street Extension here- inabove eroinabove described be and the same is hereby vacated. SECTION 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Ordi- nance in the office of the Dubuque Coun- ty recorder. Passu, approved and adopted this 24th day of January, 1974. Allan T. Thoms htavor Alvin E. Lundh Emil Stackis C Robert Justmann Councilmen ATTEST: Leo F. Frommel[ City Clerk Published officially in the Telegraph Herald Newspaper this 28th day of Jan- uary, 1974. Leo F. Frornmelt City Clerk It. 1-28. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Thoms, Council- men Justmann, Lundh. Stackis. Nays --None. Absent --Councilman Brady. COUNCILMAN BRADY EN- TERED THE COUNCIL CHAMBER AT 7:40 P.M. AN ORDINANCE Amending and Changing Ordinance No. 3.34 so as to change the Zoning Classification of various parts of Lot 1 of 1 of 1 of Powers Place from Multiple Residence District and Single Fam- ily Residence District to Local Bus- iness 'A' District, Local Business 'B' District and Multiple Residence Unit Development District accord- ing to various descriptions and Zoning Map attached, presented and read. Mayor 'Thoms moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Stackis, Carried by the following vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh. Attorney Leo McCarthy, repre- senting Phil Powers, addressed the Council by requesting that the 56 Special Session, January 24, 1974 public hearing be set for February 18, 1974. Mayor Thoms moved thatthe reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays —None. Abstained—Councilman Lundh. Mayor Thoms moved that a pub- lic hearing be held on the Ordi nance on February 18, 1974, at 7:30 P.M. in the Council Chamber at the City Hall and the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Stackis. Abstained—Councilman Lundh. RESOLUTION NO. 3674 WHEREAS, there has been trans- mitted to the City Council of the City of Dubuque, Iowa communica- tion from the Iowa Student. Public Interest Research Group drawing the attention of the City Council to Senate File 225 which is a bill that would provide $5,000,000 an- nually to Iowa cities and towns for urban mass transit systems and asking the City Council to adopt a Resolution favoring the passage of said Senate File 225; and WHEREAS, the City Council of the City of Dubuque, Iowa is aware of the Senate File 225 and what it provides and is in favor of the passage of same; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the City Council of the City of Dubuque, Iowa does hereby go on record approving and being in favor of the passage of Senate File 225 being a bill to appropriate $5,000,000 annually to Iowa cities and towns for urban mass transit systems and the City Council of the City of Dubuque, Iowa does further formally go on record urging the immediate pas. sage of Senate File 225 and the implementation thereof. Section 2. It is further resolved and is hereby ordered that the City Clerk transmit forthwith a certified copy of this Resolution to each State Senator and state Representative representing this District and in addition thereto, that a certified copy be transmitted forthwith to the Dubuque Transit Authority with a request that they adopt a concurring Resolution con- curring herewith. Section 3. It. is further resolved and ordered that the City Clerk forward a certified copy of this Resolution to Skip Laitner, State Environmental Coordinator, State House, Post Office Box 1059, Des Moines, Iowa 50311. Passed, approved and adopted this 24th dayof January, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frornmelt City Clerk Councilman Stackis moved adop• tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms. Council- men Brady, Justmann, Lundh. Stackis. Nays—None. RESOLUTION NO. 37.74 WHEREAS, a new entity known as "Operation: New View" has been created to serve as the Com- munity Action Agency for the Tri - County Area; and WHEREAS, a form of agreement has been tendered for execution by all the signatory parties there- to, of which the City of Dubuque. Iowa is a requested signer; and W H E R E A S, said agreement should be approved; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10 - WA: Section 1. That the agreement between Dubuque County, Jackson County, Delaware County and the City of Dubuque, Iowa creating a Special Session, January 24, 1974 57 separate legal entity to be known as —operation: New View" be and the same is hereby approved. S*etlon 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and, on I behalf of the City a. Passed, adopted and approved this 24th day of January, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second. ed by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that pursuant to the above item as to the possible diversion of City appropriated monies the City At- torney was instructed to make in- quiry into disposition of funds that may have been used. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. January 24, 1974 Honorable Mayor and City Council The City of Dubuque Board of Dock Commissioners has been ne- gotiating a new lease with Mr. Robort Molo of the Molo Sand and Gravel Company since April of 1973. The Commission and Mr. Molo have agreed to the general terms of the proposed lease, and, except for minor changes, have bargained in good faith to enter into a lease and agreement. The new lease provides for escalation of rentals and the Commission feels, due to Mr. Molo's acceptance of the new terms and the ap proximately $52,000.00 expended by the Molo Company for a nem crane and other expenditures, the lease is a favorable one and shoulc be executed by the Commission. The Commission refers your ody to its directive from you con- e,rning the granting of new leases nd requests that you concur with ne Commission in considering the act that agreement was reached rior to any Council directive and hat your group agree with the .ommission's decision to enter nto the lease and agreement with he Molo Company. The Molo 'ompany has signed the lease and ipon word from your group, the 'ommission will immediately exe- ute the agreement. Your immediate attention is re- luested. Thank you. Shirley Lang Dock Manager Mavor Thoms moved concur- •ence with the Commission. Sec- mded by Councilman Stackis. Car - tied by the hollowing vote: Yeas — Mayor Thoms, Council- men Lundh, Stackis. Nays -- Counclimen Brady, Justmann. At 8:40 P.M. Mayor Thoms moved to go into executive session to consider appointments to var- ious Boards and Commissions. Seconded by Councilman Lundh. Carried by the following vote Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. The Council reconvened in reg- ular session at 10:25 P.M. and the Mayor moved the following appointments: William Woodward to the Dock Board to 11-26-76; James F. Connelly to the Board of Zoning Adjustment to fill the un- expired term of George Deininger to 3-5.74; Councilman James E. Brady to the Plumbing Board to replace former Councilman Walter A. Pregler; Kenneth R. Pease to the Library Board to replace Mrs. Saul Greenstein to 7-1-77; Youth Services Board Mrs, Jean Fyten; Human Rights Commission Thomas Tully Jr. to 1-1.75; David G. Davis to 1.1-76; Susan Soley to 1-1-76; To the Advisory Commission Donna Foote, Michael Farley and Donald Krueger; Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- man Brady, Justmann, Lundh, Stackis. Nays — None. 58 Special Session, January 24, 1974 There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Leo F. Frommelt City Clerk. Approved June 17, 1974 Approved June 17, 1974 Regular Session, February 4, 1974 59 Board of Health OFFICIAL Regular Session, February 4, 1974. Board met at 7:15 P.M. (C.D.T.) Present — Chairman Allan T. Thoms, Messrs. James E. Brady, C. Robert Justmann, Alvin E. Lundh, Emil Stackis. Dr. Kenneth K. Hax. let. Communication of Arthur J. Roth. Health Administrator submit- ting a copy of House File #712 relating to inspection of food estab- lishments, which would usurp the right of municipalities to inspect, regulate or license restaurants within their jurisdiction, and being in opposition to the proposed bill that is presently in the sifting com- mittee, presented and read. Chairman Allan T. Thoms moved that, the communication be receiv- ed and filed. Seconded by Mr. James Brady. Carried by the fol- lowing vote: Chairman Allan T. Thoms, Messrs. James E. Brady, C. Robert Justmann, Alvin E. Lundh, Emil Stackis. Nays—None. RESOLUTION OF THE HEALTH DEPARTMENT OF CITY OF DUBUQUE, IOWA NO. 38.74 WHEREAS, there is now within the Sifting Committee House File 712 pertaining to restaurants and eating establishments which would purport to direct municipalities and counties in the inspection, reg- ulation and licensing of restaurants and other food service establish. nwnts within their jurisdiction; and WHEREAS, the City Health De. partment of the City of Dubuque, Iowa, is in opposition to said House File 712; and WHEREAS, the City Health De- partment of the City of Dubuque, Iowa is fully informed and advised concerning the respective merits of House File 712 being a bill to regu- late restaurants and eating estab- lishments as opposed to the pres- ent regulations and laws under which the City of Dubuque is op- erating in the restaurant inspec- tion; NOW TIIEREFORE BE TP RIE SOLVED by the Health Depart- ment of the City of Dubuque, Iowa: Section 1. That the Board of Health of the City of Dubuque, Iowa be and it does formally go on record in opposition to House File 712 being a bill to license and regulate restaurant -s and eat- ing establishments which is pres- ently in the Sifting Committee of the House of Representatives of the State of Iowa. Section 2. That the City Clerk be and he is hereby directed to trans- mit forthwith a certified copy of this Resolution to all Representa- tives in the Senate and in the House of the State of Iowa repre- senting this District. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Members of Board of Health Attest.: Leo F. Frommelt, Clerk Chairman Allan T. Thoms moved adoption of the resolution. Second- ed by Mr. James E. Brady. Carried by the following vote: Yeas—Messrs. James E. Brady. Alvin E. Lundh, Emil Stackis. Nays—Mr. C. Robert Justmann. There being no further business for the Board of Health Chairman Allan T. Thoms moved that the Board of Health be adjourned. Seconded by Mr. Emil Stackis. Car- ried by the following vote: Yeas—Chairman Allan T. Thoms. Messrs. James E. Brady, C. Robert Justmann, Alvin E. Lundh, Emil Stackis. Nays—None. Leo F. Frommelt Clerk, Board of Health Approved....s anlp... . 1.7.a. 1974 Adopted _,Op!M. Clerk U Regular Session, February 4, 1974 CITY COUNCIL OFFICIAL Regular Session, February 4, 1974 Council met at 7:30 P.M. (C.D.T.) Present -.–Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenel le. Mayor Thoms read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. Mr. Edwin L. Lyons presented the Council with a deed signed by Donald R. Breitbach, attorney in fact for Marjorie Reed, commonly referred to as the Reed Property. Mr. Tom Killian as trust officer of the E. B. Lyons Estate and Mr. Thomas Schrup a member of the Park Board also participated in the presentation. Mr. Edwin L. Lyons requested that. the area be desig- nated "E. B. Lyons Forest Preserve and Nature Center." RESOLUTION NO. 39.74 WHEREAS, the City of Dubuque, Iowa has purchased certain prop- erty from Marjorie D. Reed de- scribed as follows: Lots 2 and 3 of the Northeast N of the Southeast 1/4 Section 1, Township 88 North, Range 2 East of 5th P.M.; Lots 2 and 3 of the Northwest Quarter of the South- west 1/4, Lots 2 and 3 of the Northeast 1/4 of the Southwest 1/4, and Lot 2 of Lot 1 of the Southwest 1/4 of the Southwest',14 . of Section 6, Township 88 North, Range 3 East of 5th P.M., in Dubuque County, Iowa, accord- ing to the respective recorded Plats thereof and; WHEREAS, said purchase price has been paid and that Warranty Deed conveying said real estate to City of Dubuque, Iowa has been delivered and such delivery -should be accepted; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the delivery of Warranty Deed dated January 28, 1974 by Donald R. Breitbach, at- torney-in-fact for Marjorie Reed (a/k/a Marjorie D. Reed) convey. ing the hereinabove described real estate to the City of Dubuque, Iowa be and the same is hereby approv. ed. Section 2. That the City Clerk he and he is hereby authorized and directed to file a certified copy hereof in the office of the County Recorder in and for Dubuque County, Iowa, Passed, approved and adopted this 4th day of February, 1974, Allan T. Thom Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 24, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 code of Iowa, the Civil Service Commission conducted examina- tions for the position of Build. ing Inspector on 1-16-74. The following named applicants have passed the written examina- tions and are hereby certified for appointment. Elliott, Henry W .................73.3% Shurts, David M . ................72.5% Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Civil Service Com- mission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 1st day of February, 1974 Violet Savary, Notary Public Mayor 'Thoms moved that the communication be received and made a matter of record. Seconded by Councilman Stackiq. Carried by the following vote: Regular Session, February 4, 1974 _ 61 Yeas -- Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. January 24, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Com- mission conducted examinations for the position of Housing Inspector. on 1-16-74. The following named applicants have passed the written examina- tions and are hereby certified for appointment. Cupps, Kenneth J. -1............74.1%0 French, Roy T ....................70 % Gerard B. Noonan Chairman Marvin A. Vansickle Louis F. Faut~sch Civil Service Com- mission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me. this 1st day of February, 1974. Violet Savary, Notary Public Mayor Thorns moved that the communication be received and made a matter of record. Second- ed by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. January 24, 1974 To the Honorable Mayor and Members of the City Council In accordance with the pro- visions of Chapter 365 of the 1973 Code of Iowa the Civil Service Commission conducted entrance ex- aminations for the position of Automotive Mechanics on Janu- ary 16, 1974. The following named applicants have passed the written examina- tions and are hereby certified for appointment. Hovind, Harold B. Jr . . ...... 73.8% Hagerty, Ronald J. ...........72.2% Madigan, Louis J. . .._ ....72.2% Neyens, Steven K . ............71.5% Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Civil Service Com- mision Attest: Leo F. Frommelt, Clerk. Subscribed and sworn to before me this 1st day of February, 1974, Violet Savary Notary Public Mayor Thorns moved that the communication be received and made a matter of record. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Lundh, Stackis, Nays — None. January 24, 1974 To the Honorable Mayor and Members of the City Council. In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Heating, Ventilating, Air Conditioning and Refrigeration Inspector, as re- quested. Please be advised that three ap- plicants took the test on January 16, 1974, and failed to acquire the passing grade of 70%r. Gerard B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Civil Service Com- mission Attest: Leo F. Frommelt, Clerk. Subscribed and sworn to before nie this 1st day of February 1974. Violet Savary Notary Public. Mayor Thoms moved that the communication be received and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor 'Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Mrs. Lyle H. Peterson requesting support of Senator Toni Riley's bill to ensure cleaner air for non-smokers on public transportation facilities and in all public buildings, presented and read. Councilman Justmann moved that the communication be received and filed and referred to the Transit Authority for investiga- tion and report back to the Coun. cil. Seconded by Councilman 62 Regular Session, February 4, 1974 Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis, Nays—None. Communication of Elisabeth Foxley, Architectural Historian, State Historic Preservation pro- gram, advising that the Dubuque Town Clock and Dubuque Shot Tower has been entered as a sig- nificant historic resource and will be considered for possible nomina- tion to the National Register of Historic Places, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of State of Iowa Office of the Citizens Aide stating that Mrs. Mary Klinkhammer of 295 Southern Ave., has contacted the Governor of. the State of Iowa relative to a nuisance created by the Lubbers car lot located across the street from her home, pre- sented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of Janu- ary 22, 1974, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None, Communication of Planning & Zoning; Commission submitting minutes of their meeting of Janu. ary 9, 1974, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays — None. January 31, 1974 Honorable Mayor and City Council I submit to you a letter from Mr. David Watts of the National Railroad Passenger Corporation. He has suggested that the city con. tribute an approximate $4,267.00 share of the cost of repairing the Dubuque railroad passenger station which will serve Amtrak. On Wednesday morning, January 30, I talked to Mr. J. W. Dodge, Division Superintendent of the Il- linois Central Gulf Railroad, and inspected the station with him. A work crew was erecting a ticket office and making repairs. The final repair work will be co►n- pleted this spring. All of the work is being done according to Amtrak specifications and requirements. Mr. Dodge explained that an electrical service and diesel fuel supply were being installed on a siding track just south of the pas- senger station. The Amtrak train will lay over in Dubuque about five hours. It will be placed on this siding and be completely serv- iced and cleaned each day. Four people are being employed to do this service work. I also contacted Mr. Wiliam Bar- wis of the Illinois Mass Transpor- tation Office. I request that you give me an informal approval to make a pay- ment to Amtrak. In a short time I will present a resolution request- ing that the budget appropriation be adjusted. Gilbert D. Chavenelle City Manager Councilman Justmann moved ap- proval pproval of the request. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis, Nays ---None, January 24, 1974 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, City Auditor, Water Superintendent and Health Department, as well as a list of Regular Session, February 4, 1974 63 claims paid, for the month of De. comber 1973. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the reports be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lindh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts, Disbursements and list of claims for December 1973, pre- sented and read. Mayor Thorns moved that the proof of publication be received and filed. Seconded by Councilman Stackis, Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 31, 1974 Honorable Mayor and City Council I return to you the letter of Mr. Joseph Meyer in which he indicated the interest of his com- pany in submitting a proposal for disability and life insurance and group hospitalization insurance. I phoned Mr. Meyer Wednesday evening, January 30th, and said that this business was being placed with another firm and that 1 would send him a copy of this letter. The following list of actions and events describe the process used by the city for this insurance pro- gram. Meetings were held with em ployee representatives from each department as well as certain em- ployee group bargaining represen- tatives early in the budget hearing process for Fiscal Year 1974. The purpose of these meetings was to develop a list of priority improvements in our overall city insurance program in the event that budgetary consideration could be extended to this area. As time passed, and employee wages and benefits were reviewed it was determined that an addi tional benefit, prescription drug would be incorporated in our Blut Cross -Blue Shield program. It was also decided that a lift insurance, accidental death ane dismemberment and a disability income protection policy would be incorporated, providing the cost of such a program was within budget capabilities. In order to make this deter- mination the City's Insurance Ad- visory Committee was consulted and asked to assist in developing a set of specifications in this area for insurance bidding Purposes. A set of specifications was de- veloped and the Advisory Com- mittee contacted insurance com- panies who had programs of this nature and who might be inter- ested in bidding on our plan. A list of insurance companies and representatives who had called on the personnel manager prior to the development of the specifi- cations was given to the Insurance Advisory Committee. The Committee advised the per- sonnel manager that approximate- ly twenty companies had been con- tacted of which nine expressed interest in bidding. Specifications were sent to these companies. Ultimately, five complete bids were received and after review, the lowest bidder was selected. This was the Independent Liberty Life Insurance Company. This insurance program has been urged along and reviewed at each step by the city manager. The per- sonnel manager has been respon- sible. He, with the employees, developed the program. He wrote the process steps which I have listed for you. The City Insurance Advisory Committee turned our notions into practical insurance, designed the specifications and as- sisted in bid evaluation. The effective date of this insur- ance coverage is February 1, 1974. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 31, 1974 To the Honorable Mayor and Members of the City Council This is to advise that I have approved the following bonds and 64 Regular Session, desire to have your approval on same. Sidewalk Construction Bond Gilbert F. Roling, Northwestern National Insurance Co. of Mil- waukee, Wis. dated January 18, 1974. Franchise Bond Teleprompter Cable Communica- tions Corp D/B/A Teleprompter of Dubuque, Bond No. A -Y-71061- 68 #208, American Employers Insurance ompany in the amount of $50,000. Gilbert D. Chavenelle City Manager Councilman Lundh moved filing approval subject to approval of the City Solicitor. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of D u b u q u e Dock Commission advising that negotiations have been in prog- ress with the Dubuque Yacht Basin, the cumulation of which is a proposed lease and agreement for Schmitt Harbor and surround- ing acreage, and requesting con- currence in their decision as to the Yacht Basin lease, presented and read, Mayor Thorns moved ap- proval and concurrence with the Commission on the lease. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 23, 1974 Honorable Mayor and City Council Helen Kenneally filed claim against the City of Dubuque claim. ing damages in the amount of $:30,000.00 allegedly resulting from a fall which occurred on the 13th day of March, 1973 while the claimant was walking from west to east in the crosswalk at the intersection of Lincoln Avenue and Marshall Street when, in attempt- ing to step on the curb, it crum- bled under her feet, causing her to fall and suffer the injuries de. scribed in her application. She thereafter filed claim in the amount of $30,000.00. I have been in conference with the attorney for the claimant, and claimant through her attorney has February 4, 1974 made an offer of settlement in the amount of $400.00. It should be borne in mind that the medical expenses of the claimant are in the neighborhood of $300.00 and accordingly, it is the recommenda- tion of the City Attorney that. said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Miss Helen Kenneally and C. J. May, Jr., her attorney, in the amount of $400.00 and transmit same to the City Attorney for delivery to claimant and her attorney upon receipt of duly executed releases. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved approval of the recommendation. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis, Nays—None. January 29, 1974 Honorable Mayor and City Council On January 21, 1974, Paul C. Richard of RR #1, Box 363, Hazel Green, Wisconsin filed claim against the City of Dubuque, Io- wa in an estimated amount of $66.85 and alleging said damages occurred on January 20, 1974 to the rim and tire of his automobile as the result of striking a hole at a point between Central Avenue and Grandview Avenue on 32nd Street in the City of Dubuque, Iowa. This matter was referred to the City Attorney who has made an investigation thereof and finds no actionable negligence on the part of the City, and in view of the same it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Stackis moved aP- proval of the recommendation. Seconded by Mayor Thorns. Carried by the following vote: Yeas -- Mayor Thoms, council- men Brady, Justmann, Lundh, Stackis. Nays—None. Notice of car damage claim of William S. Peil, in the amount of Regular Session, February 4, 1974 65 $121.03 for damage incurred as the result of striking a hole in the street at. 352050 1974, pre ent Ave. on January ed and read. Mayor Thoms moved that the notice Of claim be re- ferred to the City y for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yea-,; — Mayor Thorns. Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of Mrs. Mary C. Kehoe, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk on the corner of 20th tit Central Ave., near the Kentucky Fried Chicken place, on January 15, 1974, presented and read. Mayor Thoms moved that the notice of claim be referred to the City At- torney for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council• men Brady, Justmann. Lundh, Stackis. Nays—None. Notice of car damage claim of Cynthia A. Kahle, in an approx- imate amount of $117. for damage incurred as the result of driving into a hole in East 32nd Street on January 11, 1974, presented and read. Mayor Thorns moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann. Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub lie hearing to amend the Zoning Ordinance No. 3-34, known as the Zoning Map and 'Zoning Ordinance of the City of Dubuque, Iowa, by Amending Article X thereof by repealing the definition of a Drive. In Restaurant and enacting a new definition of a Drive -In Restaurant in lieu thereof, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Thorns, Council- men Brady. Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 7-74 An Ordinance amending Ordi- nance No. 3.34 known as the "Zoning Map and Zoning Ordi- nance of the City of Dubuque, Iowa" by amending Article X thereof by repealing the defini- tion of a Drive-in Restaurant and enacting a new definition of a Driv*4n Restaurant, said Ordinance having been pre- viously presented and read at the Council meeting of January 7, 1974, as amended, presented for final adoption. ORDINANCE NO. 7-74 AN ORDINANCE AMENDING OR- DINANCE NO. 3.34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA" BY AMENDING ARTICLE. X THEREOF BY REPEAL- ING THE DEFINITION OF A DRIVE-IN RESTAURANT AND EN- ACTING A NEW DEFINITION OF A DRIVE-IN RESTAURANT. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 3-34, known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa" be. and the same is hereby amended by amending Article X thereof by repealing the definition of a "Drive-in Restaurant" and enacting a new definition of a "Drive- in Restaurant" in lieu thereof as follows: "ARTICLE X. Definitiuns. Drive-in Resaurtant. The term "Drive- in Restaurant" where used in this ordi- nancc, shall mean a restaurant or other eating atablishntent engaged in the sale of food or beverages which, as a part of its regular business, provides service to patrons seated in motor vehicles on the premises or in the street adjacent there- to, or a restaurant or other eating establshment where a customer is per- mitted or encouraged, either by the de- sign of the physical faeihties, or by soviet and -or packaging or bagging procedures, to obtain or purchase food or non-alcoholic beverages for use or consumption in the motor vehicle on the same premises or for consumption or use off the premises." SECTION 2 That the foregoing Amend- ntent has heretofore been approved by the Planning and Zoning Commission of the ory of Dubuque, Iowa. 66 Regular Session, Passed, approved and adopted this 4th day of February, 1974. Allan T. Thom, Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Lett F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Febru- ary, 1974. Lm F. Fronunclt City Clerk it. 2-7. Mayor Thorns moved final adop- tion of the Ordinance, Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. January 24, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the request of Arthur Pins for final action in regard to his petition of September 1972, in which he had requested Multiple Residence zoning classification of his property described as "Old Timers Athletic and Supper Club Place, except the northerly 180 feet thereof' in the City of Du- buque, Iowa. The Commission had conducted a public hearing on the original petition on October 18, 1972, and it was determined, at that time, that the Multiple Residence Dis- trict classification was appropriate for the property. The Commission wishes to re -affirm its earlier de- cision in support of Multiple Res- idence zoning classification on property described as "Old 'Dimers Athletic and Supper Club Place, except the northerly 180 feet thereof". It is recommended that your honorable body approve of the request. CITY PLANNING ANI) ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: February 4, 1974 Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays -- None. An Ordinance No. -74 amend- ing and changing Ordinance No. 3.34 known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" so as to change certain prop-rty hereinafter described from "Single Family Residence Dis. trict" classification to "Multiple Residence District" classifica. tion, (Old Timers Athletic and Supper Club Place), presented and read. Mayor Thorns moved that the reading just had be consideredthe first reading of the Ordinance. Seconded by Councilman Stackis, Carried by the following vote: Yeas — Mayor Thorns, Council. man Justmann, Lundh, Stackis. Nays — Councilman Brady. Mayor Thorns moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Couneil. men Justmann, Lundh, Stackis. Nays — Councilman Brady. Mayor Thorns moved that a pub- lic hearing be held on the Ordi- nance on March 11, 1974, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays — Councilman Brady. ORDINANCE NO. 8.74 An Ordinance regulating the keeping of dogs in the City of Dubuque; providing for the li- censing of dogs and license fees for same; prohibiting dogs from running at large; providing for the observation under confine• ment of biting dogs; establishing specific procedures for the con- trol of rabies; providing penal- ties for the violation hereof and repealing Ordinance No. 7-65, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Regular Session, Febuary 4, 1974 67 Seconded by Councilman I.undh. Carried by the following vote: Yeas — Mayor Thorns, Council- menCouncilman Brady.Stackis. Nayss — — councilman Stackis moved that the rule requiring an Ordinance be read on three separate days be waived. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays — Councilman Brady. ORDINANCE NO. 8-74 AN ORDINANCE REGULATING THE KEEPING OF DOGS IN THE CITY OF DUBUQUE; PROVIDING FOR THE LICENSING OF DOGS AND LICENSE FEES FOR SAME; PROHIBITING DOGS FROM RUN- NING AT LARGE; PROVIDING FOR THE OBSERVATION UNDER CON- FINEMENT OF BITING DOGS; ES- TABLISHING SPECIFIC PROCED- URES FOR THE CONTROL. OF RABIES; PROVIDING PENALTIES FOR THE VIOLATION HEREOF AND REPEALING ORDINANCE NO. 7-65. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: SECTION 1. DEFINITIONS. The fol- lowing definitions shall apply in the inter- pretation and enforcement of this Ordi- nance: (a) "Dog" includes all domesticated members of the canis-familaris, male or female, whether altered or not; (b) "Owner" includes any person, firm or corporation owning, harboring, sheltering, or keeping a dog; (c) "Kennel Dogs" are dogs kept or raised solely for the bona fide purposes of sale and which are kept under constant restraint; (d) "At large' includes any dog off the premises of its owner or upon the public streets, alleys, public grounds, or parks within the City of Dubuque. A dog shall not be deemed at large if: L It is attached to a leash of suf- ficient strength to restrain the dog and not more than ten (10) feet in length, where said leash is held by a person competent to govern the dog, or 2. When properly restrained within a motor vehicle or housed in an animal hospital approved by City Health Officer; or 3. It is accompanied by or at heel beside and obedient to commands of owner or competent responsible per- son. SECTION 2. LICENSES. 1. The owner of any dog six (6) months old or older shall annually ob- tain a license for such dog or dngs. TheCity Manager shall cause to be issued dog licenses upon due application and pay- ment of the fee provided hereinafter. The license, upon procurement of the license, shall securely attach the license tag to a collar or harness, and this collar or harness, with the license tag attached shall at all times be kept on the dog for which the license is issued. Any dog found at large without a collar or harness to which a license tag is attached shall be deemed unlicensed and shall be impounded. A license tag issued for one dog shall not be transferred to another dog; 2. The head of the family shall be liable for payment of the license fee on any dog owned, harbored or kept by an% member of the family; 3. All dog licenses issued hereunder shall expire on December 31st of the year in which issued and shall become delinquent on March 31 of the year in which they are due. A penalty of one dollar ($1.00) shall be added to the above prescribed license fees for all delinquent licenses; 4. The license fee per calendar year, or fraction thereof shall be: Three Dollars ($3.00) for each male dog; Three Dollars ($3.00) for each spayed female dog; Six Dollars ($6.00) for each female dog not spayed; Applicant or licensee shall furnish writ- ten proof from a duly licensed veterinarian that such female dog has been spayed. J. The owner shall on or before the first day of January of each year apply to the City Manager for a license for each dug owned by such owner. Such applica- tion for license may be made after Janu- ary 1st or at such time as a dog conics into the possession or ownership of the applicant or at such time as a dog has reached the age of six months after Janu- ary 1st. The owner, or other person re- sponsible for the payment of the license. as hereinbefore provided, shall make appli- cation for the same 10 the City Manager on forms provided by him which forts shall give the name and address of the owner, the sex and description of the dog, and when known, its breed and age. In the event of a change in ownership, the license holder shall notify the City Manag- er of such change. SECTION 3. HARBORING VICIOUS DOG. It shall be unlawful for any person to harbor or keep a vicious dug within the City of Dubuque. A dog is deemed to be vicious when it shall have attacked or bit- ten any person (without provocation), or when propensity to attack or bite persons shall exist and such propensity is known to the owner, or ought reasonably lie known to the owner thereof. SECTION 4. IMPOUNDING. (a) Any unlicensed dog, except Kennel dogs, and any licensed dog found at large, as previously defin--d, shall be subject to seizure and impoundment in a place pro- vided by the City. (b) Except as otherwise provided. the possession of any licensed dog 68 Regular Session, February 4, 1974 or impounded may be obtained by the owner, by paying the sum of Four Dollars ($4.00) plus the current daily fee for keeping such clog for each day or frac- tion thereof during which the dog was impounded. (c) Upon proper identification, the Possession of any unlicensed dog so seized or impounded, may be obtained by the owner paying the license fee, in addition to the charges above provided for im- pounding licensed dogs. (d) Whenever any licensed dog has been so seized or impounded, notice of such action shall be given by United States Ordinary klail to the owner, as shown by the records in the City Manager's office, and if the dog is not :!aimed by the owner within five (t) days after such notice has been mailed. rhe license shall automatically be revoked and the dog disposed of as prescribed by the Health Officer. (e) Any unlicensed dog not claimed by the owner within three (3) days after it has been seized or impounded, shall be disposed of as prescribed by the Health Officer. SECTION i. DOGS DISTURBING THE PEACE. (a) It shall be unlawful for any person to own, keep, have in possession or harbor any dog which by frequent and habitual howling, yelping, barking or otherwise, shall cause a serious annoyance or disturb- ance to any person or persons or to the neighborhood. (b) It shall be unlawful for any per- son, firm or corporation keeping, owning or sheltering a dog to allow or permit such animal to pass upon the promises of another causing damage or annoyance or Otherwise interfering with the premises. (c) It shall be unlawful for the owner or person in charge of any dog to permit excrement or droppings to collect an the premises of said owner or person in charge of said premises causing an odor or on. sanitary condition. Failure to keep said premises in a clean or sanitary condition shall be deemed a nuisance. SECTION 6. FEMALE DOGS IN SEA- SON. It shall be unlawful for any owner to allow his female dog that is in season to rout at large or to so confine her as to attract male dogs to the area and by their presence cause a nuisance. Any person violating the provisions of this section shall be punished as provided in this Ordi- nance and the dog shall be subject to seizure and impoundment at the expense Of the owner, during the remainder of the heat period. SECTION 7. RABIES. (a) The owner of any dug which has contracted rabies, or which has been subject to same or which is suspected of having rabies, or which shall have bitten any person, shall upon demand Of the Chief of Police or Health Officer, produce and surrender up such dog to be held in confinement in an animal hospital under the supervision of a rcgis- tered veterinarian and in quarantine for observatitm for a period determined by the City Health Officer at the expense Of the owner of said dog or dogs. (b) If, upon examination by a veterin- arian, any dog shall prove to be infected with rabies, such dog shall be disposes{ of, as directed by the Health Officer. It shall be the duty of said veterinarian to notify the City Health Officer of any positive rabies case found within twenty-four (24) hours. (c) Any animal bitten or attacked by any known rabid animal, shall be quaran. tined under supervision of the City Health Officer by beissg confined as provided above, for a period of not less than nintro (90) days. (d) Any person who shall knowingly harbor or keep any dog infected with rab. ies, or any dog known to have ban bu- ten by a rabid dog, or who shall fail to report to the police or health officer the existence of a dog which he knows to be so infected, or shall fad to produce and surrender up any dog pursuant to suhuc. tion (a) hereof, shall be punished as provided in this ordinance. (e) Any person finding a dead dog shall at once notify the police department. (f) It shall be unlawful for the owner of any dog or dogs six months of age or older to keep or maintain the same unkn such dog or dogs shall have been vaccinat- ed by a licensed veterinary, surgeon with anti -rabies vaccine. Such vaccinations shall consist of Modified Live Virus -Chick- en Embryo Origin (MLV-CEO) vaccine and shall be administered at intervals of not more than three years, or any other licensed vaccines whm administered at in- tervals recommended by the manufacturer and approved by the U.S.D.A. Written proof of such vaccination shall be a con. dition precedent to the issuance of a license therefor. SECTION g. CONTROL OF RABIES OUTBREAK. When the Mayor, pursuant to Resolution of the City shall declare an emergency due to rabies: (a) It shall be unlawful for the owner of any dog to permit or suffer such dog to be at large. Any dog found at large shall be deemed to be set with the permis- sion or at the sufferance of its owner. (b) It shall be unlawful for any per- son except the owner of a dog, or his agent, to open any dour or gate of any private premises, or to otherwise entice or enable any dog to leave any private Premises for the purpose or with the result of setting such dog at large. (c) Any dog, found at large shall be impounded by the police department whether licensed or not. SECTION 9. CITY MANAGER, AU THORITY. The City Manager is hereby authorized to contract from veer to vea, with any incorporated society for the Prevention of cruelty to artirnals for the carrying out of the provisions of this Ordi. teeth colic of It The liven an i' mit lona purr of i vici( or t relat nam to a Regular Session, Febnlary 4, 1974 69 Ordinance, including the collection, pro- mction and disposition of dogs, and the collection of ices for the license and care of seined dogs. SECTION 1o. IMPLIED CONSENT. The application for and the receipt of a license as required herein 'hall include an implied consent by the owner to per- mit an inspection of both real and per- sonal property under his control for the purpose of carrying out the provisions of this Ordinance relating t() harboring vicious dog or dogs, or relating to rabie, or to the control of rabies outbreak or relating to the provisions of such ordi- nance relating to the prohibtion of cruelty to animals. SECTION 11. PENALTY. Any person violating any of the provisions of this Ordinance shall, upon convictioss, be fined a sum of not exceeding One Hundred (s10o.00) Dollars and costs, and in de- fault of payment be committed to the City or County jail, until such fine and costs are paid, not exceeding thrity (30) days or a iail sentence may be imposed not exceeding the said thirty (30) days. SECTION 12. SEVERABILITY. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any rea- son, the remainder of said Ordinance shall not be affected thereby. SECTION 13. REPEAL. Ordinance No. 7-63 be and the same is hereby repeated. SECTION 14. EFFECTIVE DATE. This Ordinance shall be in full force and effect immediately upon its passage, adop- tion and publication as by law is pro- vided. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen ATTEST: Leo F. Frotnsnelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Feb- ruary, 1974. Leo F. Frommelt City Clerk 1t. 2-7. Councilman Stackis moved final adoption of the Clydinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas -- Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays — Councilman Brady. Communication of Mrs. Marie Haupert objecting to the $3.00 li- cense fees for dogs, presented and read. Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Brady, Justmann, Lundh, Stackis. Nays — None. January 30, 1974 Honorable Mayor and City Council I present for your consideration a proposed ordinance for Regu- lating Ambulance Service, and a revision of ordinance number 52.69, Establishing Rates and Charges. These ordinances were discussed by the Council on December 17th and returned to the staff. Since that time the regulating ordinance has been reviewed. A new section, "Exemptions for Existing Ser- vices" has been added and a list of recommendations has been drawn suggesting the amount of fees, insurance coverage and standards for equipment. This list is attached to the proposed or- dinance. Also, Chief Dunphy and I have, on several occasions, met the ad- ministrators and comptrollers of Mercy Medical Center, Xavier and Finley Hospitals. I proposed that the city bill the hospitals for am- bulance service and that the hos- pitals pay the city and charge the patient. It was indicated that in order to do this it would be neces- sary to charge the patient the amount of the city bill plus a service charge. The hospital people have not agreed to the proposal. They indi- cate, however, that they will get together to further consider the several changes which are occur- ring in the ambulance service. It is intended that there will be two people on every ambulance trip, a driver and an attendant. In order to do this three additional employees will be hired. I am informed that on most trips the ambulance is now served by two people. This is accomplished by having ambulance qualified fire- men fill in as the second rider. I intend to hire the three addi- tional people immediately and put the two rider plan on a permanent basis. The present fee charged for am- bulance service within the city is $20.00 per trip. Outside the city it is $37.50 plus 0.35 per mile per trip. I recommend that an ordi- nance establishing new rates be adopted concurrently with the 70 Regular Session, February 4, 1974 ordinance regulating the service. I recommend that the new rates be $35.00 per trip within the city and $40.00 plus 0.50 per mile per trip outside of the city limits. In supportof this proposal I have attached a cost estimate for am- bulance service covering a one year period. Gilbert D, Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 9.74 An Ordinance to regulate the licensing, inspection, design and operation of ambulances, to pro- vide standards for the licensing of ambulances and of ambulance drivers, attendants, and attend- ant -drivers, to provide for re- newal and revocation of licenses, to require written reports, to provide for traffic regulations of ambulances, and to establish penalties for violation of its provisions. presented and read. Councilman Lundh moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Councilman Lundh moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 9.74 AN ORDINANCE TO REGULATE THE LICENSING, INSPECTION, DESIGN, AND OPERATION OF AMBULANCES, TO PROVIDE STANDARDS FOR THE LICENSING OF AMBULANCES AND OF ATTENDANT -DRIVERS, TO PRO- VIDE FOR RENEWAL AND REVOCA. TION OF LICENSES, TO REQUIRE WRITTEN REPORTS, TO PROVIDI', FOR TRAFFIC REGULATIONS OF AMBULANCES, AND TO ESTABLISH PENALTIES FOR VIOLATION OF ITS PROVISIONS. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, AS FOLLOWS: SECTION t DEFINITIONS (a) Unless otherwise specified, the term "Ambulance" means any privately or publicly owned mo- tor or other vehicle that is specially designed or construct- ed, and equipped, and is intend- ed to be used for and is tttain- tained or operated for the transportation of patients, ex. cept any such motor vehicle owned by, or operated under the direct control of, the United States. (b) "Attendant" means a trained and -or qualified individual re- sponsible for the operation of an ambulance and the care of the patients whether or not the attendant also serves as driver. (c) "Attendant -Driver" means a per- son who is qualified as an at- tendant and a driver. (d) "Driver" means an individual who drives an ambulance. (e) "Dual purpose patrol car" means a vehicle, operated by a police or fire department, which is equipped as an ambulance, even through it is also used for patrol or other purposes. (f) "Health Officer" means the Director of City Health Depart- ment, Dubuque, Iowa. (g) "License Officer" means the City Clerk, Dubuque, Iowa. (h) "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. (i) "Person" means any person, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose or organiza- tion of any kind, including any governmental agency other than the United States. SECTION 2 LICENSE REQUIRED (a) No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, ad- vertise, or otherwise be engaged in or profess to be engaged in the business or service of the transporation of patients upon the streets, alleys, or any public way or place of Dubuque, Iowa unless he holds a currently valid license for an ambulance, issued pursuant to this Ordinance. An ambulance operated by an agency of the United States or the City of Dubuque shall not be required to be licensed hereunder. Regular Session, February 4, 1974 71 (b) No ambulance shall be operated as such, and no person shall drive, attend or permit it to be operated, on the streets, alleys. or any public way or place of the City of Dubuque unless it shall be under the immediate su- pervision and direction of one individual who is holding a cur- rently valid license as an attend- ant -driver, (accompanied by another individual who is hold- ing a currently valid license as either an attendant -driver or as an attendant). (c) Provided however, that no such licenses shall be required for an ambulance, or for the driver, attendant or attendant -driver of an ambulance which (i) is rendering assistance to li- censed ambulances in the case of a major catastrophe or emer- gency with which the licensed ambulances of the City of Du- buque are insufficient or unable to copC; or (ii) is Operated from a location or headquarters outside of the City j of Dubuque in order to trans- port patients who are picked up beyond the limits of the City of I Dubuque to locations within the City of Dubuque, but no such outside ambulance shall be used to pick up patients within the City of Dubuque for transpor- tation to locations within the City of Dubuquc unless the driver, attendant and attendant - driver and the person subject to vthe provisions of Section 2(a) of this Ordinance in respect of such ambulance, hold currently valid licenses issued pursuant to this Ordinance; shall become ef-fective (iii) customarily operates from a lo- cation outside of the City of Du- buque, is called for a patient located in the City of Dubuque to be transported to a location outside of the City of Dubuque; SECTION y APPLICATION FOR AM- BULANCE LICENSE Application for ambulance licenses here- under shall be made upon such forms as may be prepared sir prescribed by the License Officer and shall contain: (a) The tame and address of the applicant and of the owner of the ambulance. i(b) The trade or other fictitious name, if any, under which the applicant does business or pro - Poses to do business. (c) The training and experience of 1 the applicant in the transports - titin and care of patients. (d) A description Of each ambu- lance, including the make, ntod- el, year of manufacture, motor and chassis number; current state license number; the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram or other distinguishing characteris- tics to be used to designate applicant's ambulance. (e) The location and description of the place or places from a hick it is intended to operate. (f) Such other information as the License Officer shall deem rea- sonably necessary to a fair de- termination of compliance with this Ordinance. (g) An accompanying payment of license fee of $25.00 per am- bulance. SECTION 4 STANDARDS FOR AM- BULANCE LICENSE (a) Each ambulance shall, at all times when in use as such, (i) be suitable for the transporta- tion of patients from the stand- point of health, sanitation and safety, and be maintained in suitable premises; (ii) contain equipment conforming with the standards, requirements and regulations provided for herein, which equipment shall be in pruper and good condition for such use; (iii) currently comply with all ap- plicable laws and local ordi- nanxs relating to health, sanita- tion and safety; (iv) be equipped with such lights, sirens and special markings to designate it as an ambulance as may be prescribed in reasonable regulations promulgated by the License Officer; and (v) be equipped with approved safe- ty belts for the driver, attend- ants, passengers, and patients; (vi) trained attendant or attendant - driver shall remain in the patient compartment at all times when a patient is being transported; (vii) be at least a rear door opening station wagon with a minimum head room in the patient's com- partment of forty-eight (48) in- ches; after July 1, 1975; (viii) have a partition dividing the pa- tient's compartment and the driver's compartment, with a tempered glass sliding window in said partition; (ix) have suitable power in the am- bulance for the operation of in- cubators and respirators. (b) Any change of ownership of a licensed ambulance shall termin- ate the license and shall require a new application and a new license and conformance with all the requirements of this Ordi- nance as upon original licensing. 72 Regular Session, February 4, 1974 (c) Application for transfer of any ambulance license to another or substitute license to another or substitute vehicle shall require conformance with all the require- ments of this In as upon original licensing. No ambulance license may be sold, assigned, mortgaged or otherwise transfer- red without approval of the License Officer and a finding of conformance with all the require- ments of this Ordinance as upon original licensing. (d) Each licensed ambulance, its equipment and the premises desig- nated in the application and all records relating to its mainten- ance and operation as such, shall be open to inspection by the Health Officer or his designated representative during uncal hours of operation. (e) No official entry made upon a license may be defaced, removed, obliterated, or altered. SECTION I STANDARDS POR AMBU- LANCE LICENSE-LIABILM INSUR- ANCE (a) An ambulance license shall not be issued under this Ordinance nor shall such license be valid after issuance, nor shall any am- bulance be operated in the City of Dubuque unless there is at all titins in force and effect insur- ance coverage, issued by an insur- ance company licensed to do busi- ness in the State of Iowa for each and every embelarrce owned and - or operated by or for the appli. cant or licensee, providing for the payment of damages: (1) For injury to or death of indi- viduals in accidents resulting from any cause for which the owner of the ambulance would be liable on account of liability imposed on him by law, regard- less of whether the ambulance was being driven by the owner or his agent. (ii) Against damage to the property of another, including personal property, under like circumstan- cts. (b) The minimum amounts of such insurance coverage shall be deter- mined by or pursuant to rules promulgated by the City Council or their designated official. The minimum amounts as generally fixed by the City Council or Their designated official and as applied in any particular case shall be fixed and applied in such manner as to provide rea- sonable assurance of indemnifica- tion against injury and property damage which may be incurred in the operation of ambulances and shall take due account of the harards of the business and the circumstances under which a licensee is authorized to operate. (c) A copy of the insurance policies shall be submitted to the license Officer for approval prior to the issuance of each ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnish- ed to the License Officer, in such form as he may specify, by all licenses required to provide such insurance under the provi- sions of this Ordinance. (d) Every insurance policy shall con- tain a provision for a continu- ing liability thereunder to the full amount thereof, notwith. standing any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of non- payment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. (e) Every insurance policy shall ex- tend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than ten (10) days writ- ten notice to the City of Du- buque and to the assured before any material change, can:ellation, or termination of the policy earl- ier than its expiration date and the cancellation or other term- ination of any such policv shall automatically revoke and termin- ate the licenses for the ambu- lances covered by such policy, unless another insurance policy complying with the provisions of this section is provided and is in effect at the time of such can- cellation or termination. SECTION 6 DUTIES OF LICENSE OF- FICER (a) The License Officer shall, within thirty (30) days after receipt of on application for an ambulance license as provided for herein, cause such investigation as lie deems necessary w be made of the applicant and of his proposed operatiorts. (b) The License Officer shall issue a license hereunder for a speci- fied ambulance, to be valid for a proud of three (3) year unless earlier suspended, revoked or ter- minated, when he finds: (i) That each such ambulance, its required equipsuent and the Regular Session, February 4, 1974 73 Premises designs sited in the appli- cation, have been certified by the Health Officer as provided for herein. (u) That only duty licensed drivers, atrendants, and attendant -drivers are employed in such capacities. (in) That all the requirements of this Ordinance and all other applic- able laws and Ordinances have been met. SECTION 7 DUTIES OF HEALTH OF- FICER (a) print to the issuance of any am- bulance license hereunder, the Health Oftuer shall cause to be inspected the vehicles, equipment and premises designated in each application hereunder, and shall cerufv his approval in a written report to the License Officer when he finds compliance with the standards prescribed in Sec- csm 4 (a) and its Section g of this Ordinance, and with the regulations promulgated under such sections; provided, however that under the terms of this Ord. inance the Health Officer shall have no responsibility, and shall exercise no authority, in connec- tion with laws and ordinances of general applicability which deal with motor vehicle inspection. (b) Subsequent to issuance of an am- bulance licerue herewider, the Health Officer shall cause to be inspected each such vehicle and its records, its equipment and premises, whenever he deems such inspection to be necessary but in any event no less frequently than twice each year, and shall promptly report his findings in a written report to the license Of- ficer. The periodic inspection required hereunder shall be in addition to any other safety or motor vehicle irnspections required to be made for ambulances or other motor vehicles, or other inspections required to be nude. ander general law or ordinances, and shall not excuse compliance with any requirement of law or ordinance to display any official ctrtifieatat of motor vehicle in- spection sad approval nor excuse compliance with the requirements of any other applicable general law or ordinance. (c) A copy of each initial, semian- nual or other ambulance, equip- ment and premises inspection re- port submitted by the Health Officer to the Licence Officer under the provisions of this sec- tion shall be promptly trans- mitted to the applicant or licen- see to whom it refer. SECTION g STANDARDS FOR AMDU- LANCE EQUIPMENT AND DESIGN (a) Required equipment in etch am- bulance shall include, at all times, when the ambulance is in era as such, equipment adequate in the judgment of the Health Officer for dressing wounds, vplinting fractures, controlling herrtorrhagq providing oxygen, and maintaining airways. (b) Each vehicle operated as an am- bulance shall be equipped with two -wag• mobile radio communi- cations, Federal Communiestions Commission licensed, where en- gaged in performing emergency services to the community; such equipment to be of adequate power on ctvrnmunicate within the area served. Each motor ve- hicle operated as a lend ambu- lance shall be air conditioned. (c) Fach ambulance vehicle shall be of model and make to insure safe and comfortable transportation of the patients and must have sufficient head room to accom- modate the patient in a Fowler's position. (d) Fach ambuiance shall have adequate righting for care of pa- tients when the doors are closed. Each ambulance shalt be equip- ped with a rear flood light. (c) The Health Officer is authorized and directed to promulgate and administrate regulations, to im- plement the standards provided herein as to required design and equipment of ambulances. In de- termining the adequacy of equip - mane, the Health Officer shall take into consideration the cur- rent list of minimal equipment for ambulances, adopted by the American College of Surgeons or its duty authorized Committee on Trauma. Each license* of an ambulance shall comply with Such reastmablr regulations here- under as may be promulgated by the Health Officer and shall maintain in each such ambulance, at all times when it is in use as such, all such equipment as may be prescribed by the Health Of- ficer hereunder, or as required by the State Code of Iowa. (f) All add-rtional requirements and regulations promulgated by the Health and License Officers in implementing this Ordinance shall be reviewed for acceptance or rejection by the City Board of Health within sixty (60) days of promulgation. SECTION 9 APPLICATIONS FOR DRIVERS, ATTENDANTS AND AT- TENDANT -DRIVERS LWE1NSE Applications for drivers, attendants and attendant -driven licensee hereunder 74 Regular Session, February 4, 1974 shall be made upon such forms as may be prepared or prescribed by the License Of- ficer and shall contain: (a) The applicant's full name, cur- rent residence, places of residence for five (s) years previous to moving to his present address, and his present address. (b) The applicant's age, marital stat- us, height, color of eyes and hair. (c) Whether he has ever been con. victed of a felony or misdemean- or, and if so, when and where and for what cause. (d) The applicant's training and ex- perience in the transportation and care of patients and whether he has previously been licensed as a driver, chauffeur, attendant or attendant -driver, and if so, when and where, and whether his license has ever been revoked or suspended in any jurisdiction and for what cause. (e) Affidavits of good character from two reputable citizens of the United States who have per- sonally known such applicant and observed his conduct during (1) year preceding the date of his application. (f) Two recent photographs of the applicant, of a size designated by the License Officer, one of which shall be attached by the License Officer to the license. (g) Such other information as the License Officer shall deep, rea- sonably necessary to a fair deter- mination of compliance with chi. Ordinance. (h) An accompanying license fee of $3.00, unless municipally oper- ated. SECTION 10 STANDARDS FOR DRIV- ERS, ATTENDANTS AND ATTEND- ANT -DRIVERS LICENSE (a) The Health Officer shall, within thirty (30) days after receipt of an application as provided for herein, cause such investigation as he deems necessary to be made of the applicant for an ambu- lance drivers, attendant or at- tendant -drivers license. (b) The License Officer shall issue a license to an ambulance driver, attendant or attendant -driver hereunder, valid for a period of three (3) years unless earlier sus- pended, revoked or terminated when he finds that the applicant: (i) is not addicted to the use of in- toxicating liquors or narcotics and is morally fit for the posi- tion; (ii) is able to speak, read and write the English language; (iii) has been found by a duly licensed physician, upon examina- tion attested to on a form pro- vided by the Health Officer, to be provided by the Health of. ficer, to be of sound physique, possessing eye sight at least 20-30 in one eye and 20-40 in the oth. er, or vision 20-100 or better is corrected to 20-20, and free from physical defects or disrases in accordance with the physical standards set forth by the Health Officer. (iv) for cacti applicant for attendant or attendant -drivers license, that such applicant has a currently valid certificate evidencing suc- cessful completion of a course of training equivalent to the ad. vat,ced course in first aid given by the American Red Cross or the United States Bureau of Mines. (v) Within sixty (60) days of ap- plication, applicants are required to be enrolled in the more ad- vanced course on trauma spon- sored by the American College of Surgeons and -or the course offer. ed by the National Ambulance Training Institute, or their equiv- alent; which courses are to, in- clude training in the techniques Of administering cardiopulmonary resuscitation equivalent to the course given by the Iowa Heart Association; and must successful- ly complete the course. (vi) These courses must be approved by the Health Officer of the City. PROVIDED HOWEVER, that no one shall be licensed as an ambulance driver or attendant -driver unless he holds a cur- rently valid chauffeur's license from the State of Iowa. (c) A license as ambulance driver, attendant or attendant -driver is- sued hereunder shall not be as- signable or transferable. (d) No official entry made upon a license may be defaced, removed, oblitered, or altered. SECTION 11 RENEWAL OF LICENSE Renewal of any license hereunder, upon expiration for any reason or after revoca- tion, shall require conformance with all the requirements of this Ordinance as upon original licensing. SECTION 12 REVOCATION OF I.1 - CENSE (a) The License Officer may, and is hereby authorized to suspend or revoke a license issued hereunder for cause or for failure of a licensee to comply and to main- tain compliance with, or for his violation of, any applicable pro- visions, standards or requirements of this Ordinance, or of regula- tions promulgated thereunder or of any other applicable laws or ordinances or regulations promul- gated thereunder, after such rca- sonable time for compliance as Regular Session, February 4, 1974 75 may be act by the License Offic- er, The Licensee shall have the right to a hearing before the Board of Health of the City of Dubuque on any such suspension or revocation by the License Of- ficer, provided a written request therefor is filed with the License Officer within thirty (30) days after receipt of notice of such suspension or revocation. The Board of Health may affirm such suspension or revocation or rein- state any such license. Upon sus- pension or revocation of any license the fee therefor shall not be refunded. (b) The initial, semi-annual, or other ambulance, equipment and prem- ise inspection reports of the Health Officer herein provided for, shall be evidence of compli- ance or non-compliance with, or violation of, the provisions, stan- dards and requirements provided herein, and of the regulations promulgated hereunder, for the licensing of ambulances. (c) Upon suspension, revocation or termination of an ambulance li- cense hereunder, such ambulance shall cease operations as such and no person shall permit such ambulance to continue operations as such. Upon suspension, revoca- tion or termination of a drivers, attendants or attendant -drivers license hereunder, such driver, at- tendant or attendant -driver shall cease to drive or attend an am- bulance and no person shall em- ploy or permit such individual to drive or attend an ambulance. SECTION 13 REPORTS (a) Each licensee of an ambulance shall maintain accurate records, upon such forms as may be pro- vided or prescribed by and con- taining such information as may be required by the Health Of- ficer concerning the transporta- tion of each patient within the arca served. The records shall be available for inspection by the Health Officer at any reasonable time and copies thereof shall be filed by the licensee within forty-eight (48) hours upon re- quest by the Health Officer. SECTION 14 OBEDIENCE TO TRAF- FIC LAWS, ORDINANCES AND REGULATIONS (a) The driver of an authorized am- bulance vehicle when responding to an emergency call or while transporting; a patient therefrom, may exercise the privileges set forth in this section, subject to the conditions herein stated and only when such ambulance is making use of audible and visual signals and such driver has tea sonable grounds to believe that an emergency in fact does exist requiring the exercise of such privileges. (b) Subject to the provisions of sub- section (a) hereof, the driver of an authorized ambulance: (i) When responding to an emergen- cy call upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety, but may proceed cautious- ly past such red or stop sign or signal. At other times drivers of authorized ambulance vehicles shall stop in obedience to stop signs or signals. (ii) Shall not assume any special pri- vilege under this ordinance ex- cept in response to an emergency call. (iii) When responding to emergency calls shall not be bound by the speed limitations set forth by law, ordinance or regulation when the drivers thereof sound audible signal by bell, siren or exhaust whistle. This provision shall not relieve the driver of an authorized ambulance vehicle from the duty to drive with due regard for the safety of all per- sons using the streets, nor shall it protect the driver of any such vehicle from the consequences of his negligence. SECTION is PENALTIES (a) Any person violating;, or failing; to comply with, the provisions of Section 2(a) of this ordinance and the applicahle provisions hereof relating to the licensing of ambulances, shall be deemed guilty of a misdemeanor and up- on conviction thereof shall be punished by a fine of not more than One Hundred Dollars (s100.00) or by imprisonment for not more than thirty (30) days. (b) Any person violating, or failing to comply with, any other pro- visions of this ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof shall be punished by a fine of not more than One Hun- dred Dollars (sloo.00) or by imprisonment for not more than thirty (30) days. (c) Each day that any violation of, or failure to comply with this Ordinance is committed or permitted to continue shall con- stitute a separate and distinct of- fense under this Section and may be punishable as such hereunder. SUCTION 16 EXEMPTIONS FOR M ISTING SERVICES (a) Every ambulance service which is actually engaged in the opera- tion of ambulances on the effec- Regular Session, February 4, 1974 tive date of this Ordinance and for at least six months previous- ly, shall be entitled to an am- bulance license upon compliance with the requirements of Section Nine (9) of this Ordinance. Every ambulance so licensed shall have until July I, 1974 to com. ply with any rules promulgated pursuant to Section Three (3). subsection Three (3), of this Ordinance relating to training and competence required for at- tendant, ambulance drivers and attendant -driven. The Health Officer shall promulgate rules under Section Three (3), sub- section One (1), Two (2), Four (4), and Five (1), of this Ordi- nance establishing only such rea- sonable minimum standards as are essential to protect patients tranaported in ambulances op- erated by ambulance services holding licenses issued under this Section. (b) Any ambulance operated by an ambulance service licensed un- der this Section and which com- plies with the standards estab- lished by the rules promulgated as required by this Section shall upon application for issuance or renewal of a certificate as pro- vided by Section Six (6) of this Ordinance, be certified for operation during any period pre- scribed by Section Eleven (II) of this Ordinance ending riot later than June 30, 1978. Noth- ing in this Section shall entitle any ambulance service to any ex- emptioro from standards estab- lished by rules promulgated un- der this Ordinance with respect to any new ambulance purchased after the effective date of this Act. SECTION 17 SEPARABILITY If any section, subsection, sentence, clause, phrase or portion of this Ordi- nance is for any reason held invalid or unconstitutional by any court of compe- tent jurisdiction, such portion shall be deemed a separate, distinct and independ. ent provision and such holding shall not affect the validity of the remaining por. tions hereof. SECTION is APPEALS Any license applicant or licensee shall have the right to a hearing before the Board of Health of the City of Dubuque on any action of the License Officer or the Health Officer, provided a written request therefor is filed with the Health Officer within thirty (30) days after receipt of notice of suh action by the License Officer or the Health Officer, no right to appeal to the Board of Health shall exist where complaint of violations of this ordinanu are filed in any court of competent jurisdiction. SECTION 19 EFFECTIVE. DATE. This Ordinance shall become effective February t, 19M SECTION 20 ORDINANCES REPEAL. ED All Ordinances and parts of Ordi. nances in conflict with the provisions of this Ordinance are hereby repealed. Passed, approved and adopted this 4th Day of February, 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Bradv Alvin E. Lundh Emil Stackis Councilmen ATTEST: Leo P. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this lith day of Feb- ruary. 1974. Leo F. Frommclt It. 2-8. City Clerk Councilman Lundh moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car. ried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 10-74 An Ordinance fixing and estab. lishing rates and charges for City Ambulance Service and repeal- ing Ordinance No. 52-69. presented and read. Councilman Lundh moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Lundh moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 1474 AN ORDINANCE FIXING AND ESTABLISHING RATES AND CHARGES FOR CITY AMBULANCE SERVICE AND REPEALING ORDINANCE NO. 12.69 NOW THEREFORE. BE IT ORDAIN- ED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Regular Session, February 4, 1974 77 SECTION 1. That there be and is hereby established the following schedule of rates and charges for City Ambulance Service: (a) For transporting one person from any point within Lite City Limits of the City of Dubuque to any hospital, doctor's office• nursing home, home for the aged, convalescent home or any other point within the City of Dubuque $35.00 per trip. (b) For transporting one person from any hospital, doctor's office, nursing home, convalescent home, home for the aged, or any other point within the City of Du- buque to any point located with- in the City of Dubuque fSs.00 per trip. (c) For transporting one person from any point outside of the City of Dubuque to any hospital or doctor's office within the City of Dubuque $40.00 plus .50 cents per mile, per trip. (d) For transporting one person from any hospital or doctor's office within the City of Dubuque to any point outside of the City of Dubuque $40.00 plus .10 cents per mile, per trip. (e) In addition to the above charges, there may be imposed a further charge of $10.00 per hour, or fraction thereof, for delays in excess of ten (10) minutes, not caused by the ambulance driver. SECTION 2. That for the purpose of the above schedule, mileage shall include the entire distance traveled by the am- bulance in providing the service from leaving the garage to return to the garage. SECTION 3. The ambulance may make calls or provide ambulance service only to points in Iowa within Dcbuque County or to points in Illinois or Wisconsin within five (S) miles of the City of Dubuque. SECTION 4. The City Manager is hereby authorized and empowered to en- ter into agreements with any authorized officials or governing body to provide emergency ambulance service to any point in the States of Wisconsin or Illinois within five ($) miles of tits City of Dubuque, or to any point in Dubuque County, Iowa, which agreement shall be reduced to writing and signed before any such service is rendered anti shall provide that such official or governing body shall guarantee the payment of the fees es- tablished in Section 1 hereof. All service authorized by Dubuque Cuunt,v Officers shall be billed directly to the Dubuque County Sheriff's Office. All service au- thorized by the Dubuque County Wolf -ire Office shall be billed to the Dubuque County Welfare Office. All service au- thorized by the East Dubuque Police Department shall be billed t" the Fast Dubuque Police Department. All other calls made in Dubuque County, Jo Devices County or Grant County must be payable in advance. SECTION S'The City Manager of the City of Dubuque is hereby authorized and empowered, in his discretion, to make adjustments in the rates and charges us be fixed for ambulance service in such case or cases where the need for such ambulance service is required to repeated- ly transport a person of limited financial means. The City Manager shall have the authority to require such proof of the financial status of such person seeking the benefits of this section for such iervice. SECTION 6. This Ordinance shall be in full force and effect from and after its final passage, adoption and publica- tion as by law provided. SECTION 7. That Ordinance No. 12- 69 passed, approved and adopted on De- cember 8, 1969, be and the same is here- by repealed and of no further force nor effect. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Emil Stackis Councilmen ATTEST: Leo F. Frrmrnelt City Clcrk Published officially in the Telegraph Herald this Nth day of February, 1974. Leo F. Frommelt City Clcrk 1 Councilman Lundh moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 24, 1974 To the Honorable Mayor and City Council We have had correspondence from Mr. Michael McCarthy re- questing a vacating of perpetual right -of -easement in, over and across Lot 7 of Tschirgi and Schwind Subdivision in the City of Dubuque, Iowa. The Engineering Department has investigated the existing easement grant, filed for record August 22, 1931, and have agreed that the recorded easement does not neces- sarily serve our purpose. We suggest a nely grant of ease- ment ase -went in perpetuity from the da C hereof, delineating 78 Regular Session, February 4, 1974 dimensional right-of-way and ease- ment through, under and across Lot 1 of Tschirgi and Schwind Subdivision as shown on attached plat marked Exhibit "A". We have also attached proposed Ordinance vacating existing ease- ment. and accepting a new ease- ment that Michael McCarthy has signed and notarized. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 11.74 An Ordinance vacating a per- petual right of easement, in, over and across Lot 7 of Tschirgi & Schwind Subdivision in the City of Dubuque, Iowa, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis, Nays—None. ORDINANCE NO. 1144 Ordinance vacating a perpetual right of easement, in, over and across, Lot 7 of Tschirgi & Schvind Subdivision in the City of Dubuque, Iowa. WHEREAS, Michael D. McCarthy has petitioned the City Council for the vaca- tion of Grant of Easement, filed for record August 22, 1931 in Book TL too, page 632, in, over and across Lot 7 of Tschirgi & Schwind Subdivision in the City of Dubuque, Iowa; and WHEREAS, the owner of the real es- tate, Lot 7 of Tschirgi & Schwind Sub. division, have consented to execute a new Grant of Easement in perpetuity from the date hereof, delineating a specific, dimensional right-of-way and easement through, under, and across the above described rcnl estate situated in the City of Dubuqu,e Iowa, as shown on attached plat, marked "Exhibit A", over an exist- ing public storm sewer of the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque En- gineering Department has recommended approval of vacation of Grant of Ease. ment filed for record August 22, 1931 in Book TL 100, page 632, conditioned upon the execution of a new Grant of Easement and filing of same for record. NOW, THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the existing Grant of Easement filed for record August 22, 1931, in Book TL 100 page 632, is here- bv vacated, subject, however, to reserva- tion, retention and filing for record a new Grant of Easement, in perpetuity from the date hereof, through, under and across Lot 7 of Tschirgi & Schwind Sub- division in the City of Dubuque, Iowa, over an existing public storm sewer of the City of Dubuque, Iowa, which ease- ment is shown on attached map, marked "Exhibit A", by reference made a part hereof. Passed, adopted and approved this 4th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Feb. ruary, 1974. Leo F. Frommelt City Clerk It. 2-7. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Les Gardner, Service & Fraternal Inc., requesting per- mission to address the Council rel- ative to the status of Cornerstone, presented and read. Councilman Brady moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Regular Session, February 4, 1974 79 Mr. Ken Stroud presented the Council with a report entitled ,Where Cornerstone is Now". He expressed concern about the fifty people per month that with they are Corner. presently dealing stone will be closed to July 1st. The reasons for closing involve everything from pastmanagement problems to current lack to train- ing for most of the staff. Councilman Stackis moved that the matter be referred to the Man- ager and to consult with Youth Services. Seconded by Councilman Justmann, Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Donald L. Jecklin et al (21 signers) as members of the Board of Directors of the Missis- sippi Valley Milk Producers Ass'n. objecting to the location of the land fill site at the Dubuque Coun- ty Home, presented and read. May- or Thoms moved that the Petition be referred to the Engineering Department. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Rex Brammer advising that they will not con- tinue rental of the City property adjacent to 1306 Delhi Street be- yond the present lease year ending February 28, 1974, presented and read. Councilman Stackis moved that the communication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO, 40.74 WHEREAS, Brammers, Inc. has given written notice dated Jan- uary 26, 1974 that they will no longer rent the properly adjacent to its building which is described as the West 126 feet of Lot One of Summitt Place in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa deem: said notice to be a Notice of Ter- mination of Lease and said ter- mination of lease is hereby ap. proved. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, I0. WA: Section 1. That the Notice of Termination of Lease, dated Jan- uary 26, 1974, by Brammers, Inc. terminating the Lease Agreement dated the 4th day of March 1960 be and the same is hereby ap. proved and said lease be and the same is hereby cancelled and held for naught effective February 28, 1974. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. January 31, 1974 Honorable Mayor and City Council The staff has held preliminary discussions with representatives of the Soil Conservation Service of the United States Department of Agriculture in regard to engineer- ing investigation of drainage prob- lems in the western area of the City. The Soil Conservation Service is willing to provide technical assist- ance to the City on this matter, without cost, but cannot do so without an official request from the City Council. I have attached a resolution for this purpose, and recommend that it be favorably considered. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: 80 Regular Session, February 4, 1974 Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 41-74 A Resolution requesting technical assistance from the Soil Con- servation Service, U.S.D.A., for Investigating and planning cer- taln soil and water conservation facilities In the watershed of the North Branch of the Catfish Creek WHEREAS, the City Council of the City of Dubuque, Iowa, has a concern for the proper use and development of soil and water re- sources; and WHEREAS, the City Council of the City of Dubuque, Iowa is aware that urban development is pro- ceeding within the watershed area of the North Branch of the Catfish Creek; and WHEREAS, such urban develop- ment has produced changes in the characteristics of storm water run- off and soil stability; and WHEREAS, the changed char- acteristics of water and soil re- source Use may produce detrimen- tal results in terms of soil erosion and periodic flooding of certain areas; and WHEREAS, it has been deter. mined that certain measures, fa- cilities and installations may have potential application to the relief of soil and water management problems; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Soil Conser. vation Service of the United States Department of Agriculture be and the same is hereby respectfully re- quested to render technical assist- ance including but not limited to: a) Assistance in the investiga- tion of soil and water re- source characteristics in the watershed of the N o r t h Branch of the Catfish Creek. b) Assistance in a study of the feasibility of various meas. ures of soil and water re- source management in the North Branch Catfish Creek. c) An investigation of subsur- face soil formations and char- acte6stles relative to certain water management structures and facilities. Section 2, That the foregoing Resolution has heretofore been ap• proved by the City of Dubuque Planning and Zoning Commission. Passed, approved and adopted, this 4th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 42-74 WHEREAS, City of Dubuque, Iowa and Dubugt,,e Lumber Co. have entered into a proposed writ- ten agreement for the use of the northerlymost building of the Na- val Reserve building complex on a month to month basis; and WHEREAS, the terms of said agreement have been resolved and reduced to writing and said agree- ment has been executed by the Dubuque Lumber Co. NOW THEREFORE BE IT fU,. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the agreement between City of Dubuque, Iowa and Dubuque Lumber Co., dated Feb- ruary 6, 1974, leasing a portion of the Naval Reserve building com- plex be and the same is hereby approved and the Mayor and City Clerk be and they are hereby au- thorized and directed to execute the same on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady City Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, February 4, 1974 81 Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thorns. Carried by the following vote: Yeas ra Mayr Thorns, Justmann, `ouncil- Lundh. men Bradyy,, ann, Stackis. Nays—None. RESOLUTION WHEREAS, the Recreation Com- mission of the City of Dubuque, Iowa has presentations to the City Council relating to the erection and construction of an enclosed swimming pool and ice -rink pro- posed to be located at Veterans Memorial Park in the City of Du- buque, Iowa; and WHEREAS, it is proposed that. said facility to be constructed be financed by the issuance of $1,. 650,000 general obligation bonds; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DtTBUQUE, IO- WA: Section 1. That the City Council does hereby direct the City At- torney to prepare the necessary proceedings for presentation to the Council to consider the matter of constructing, erecting and finane ing of an enclosed swimming pool and ice skating rink at Veteran's Memorial Park in the City of Du- buque, Iowa and to finance the same by issuing $1,650,000.00 Gen- eral Obligation Bonds to pay for the cost of same. Passed, adopted and approved this ........ day of February, 1974. Councilman Stackis moved adop- tion of the resolution. Motion died for lack of a second. Councilman Brady moved this matter be indefinitely postponed. Seconded by Mayor Thoms. No roll call taken after considerable dis- cussion. Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thorns. Vote on the mo- tion was as follows: Yeas—Councilman Stackis. Nays-- Mayor Thorns, Council- men Brady, Justmann, Lundh. RESOLUTION NO. 43.74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga• rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Design Center Inc., dba Julien Mo- tor Inn, 200 Main Street BE IT FURTITER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 4th day of February 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Fmmmelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays --Councilman Justmann. RESOLUTION NO. 4474 WiIEREAS, 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 grant- ed and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba Oky Doky Foods, #11, 2119 Rhomberg Ave. Lucky Stores, Inc., dba May's Drug Store, #204, 3049 Asbury St. Lucky Stores, Inc., dba Eagle Store #144, 3033 Asbury St. Lucky Stores, Inc., dba Eagle Store #130, 1800 Elm St. Passed, adopted and approved this 4th day of February 1974. Allan T. Thorns Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: 82 Regular Session, February 4, 1974 YeasMayor Th0n1S, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 45-74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMITS Thompson's Food Markets, Inc., dba Oky Doky Foods, #11, 2119 Rhomberg Ave. Lucky Stores, Inc., dba May's Drug Store #204, 3049 Asbury St. Lucky Stores, Inc., dba Eagle Store #144, 3033 Asbury St. Lucky Stores, Inc., dba Eagle Store #130, 1800 Elm St. Passed, adopted and approved this 4th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt. City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 46.74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131. Acts of the First Regular Session. 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSES Gerald C. Kirchberg, dba, Bottle Stop Lounge, 3203 Jackson St. John R. Hirsch, dba, Lorraine's, 206 West Third St. Robert J. Karr, dba, Bridge Res- taurant and Lounge, 35 Locust Street. (Also Sunday Sales) Passed, adopted and approved this 4th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis .lames E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 47.74 WHEREAS, applications for Liq- our Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of 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 Gerald C. Kirchberg, dba, Bottle Stop Lounge, 3203 Jackson St. John R. Kirsch, dba, Lorraine's, 206 West Third St. Robert J. Karr, dba, Bridge Res- taurant and Lounge, 35 Locust St. (Also Sunday Sales) Regular Session, February 4, 1974 93 Passed, adopted and approved this 4th day ofFeb February m974. Allan Mayor C. Robert Justmann Alvin E. Lundh F.mil Stackis James E. Bradv Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None, Mr, B. J. Weber, coach of the rugby club, addressed the Council by requesting the acquisition of a playing field for their particular sport. Councilman Justmann moved that the request of Mr. Weber be referred to the Council and staff. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. 'there being no further business Councilman Justmann moved to adjourn. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis, Nays—None. Leo F. Frommelt City Clerk Approved June 17, 1974 Adopted June 17, 1974 84 Special Session, February 11, 1974 CITY COUNCIL OFFICIAL Special Session, February 11, 1974. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Thorns, COtrn- cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thorns read the call and stated that service thereof had been duly made and this meet- ing t- ing is called for the purpose ACTING UPON A RESOLUTION AUTHORIZING THE SALE, IS- SUANCE, AND DELIVERY OF PROJECT NOTES IN THE AG- GREGATE PRINCIPAL AMOUNT OF $1,565,000 AND THE EXECU- TION OF REQUISITION AGREE- MENT NO. 1.74, IN CONNECTION WITH PROJECT IOWA R-15 and acting upon such other business as may properly come before a reg- ular meeting of the Council. Mr. Harold Moldt Jr. presented the: Mayor with a Big Ring in recognition of National Electrical Week. Being keenly cognizant of the Energy Crisis Mr. Moldt re- marked that we can do our share by doing it electrically. RESOLUTION NO. 48.74 WHEREAS, Leo N. Schueller, departed this life on the 6th day of February, 1974 after having served dutifully as a City Council. man and Mayor of the City of Dubuque, Iowa, and thereafter having served as a member of the Board of Supervisors of Dubuque County, Iowa; and WHEREAS, Leo N. Schueller, left a grieving spouse and devoted children surviving him and also a host of friends, fellow workers and fellow public servants who were bound to him by his sin. cerity, loyalty, and simplicity. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section I. That the death of Leo N. Schueller has saddened this community that he served so un- selfishly and so devotedly. Section 2. That the City Council does hereby speak out in condol. ences to the family and friends of Leo N. Schueller and expresses the thanks and gratitude in mem- ory to the departed for his long and faithful service to this com- munity. Section 3. That the City Clerk be and he is hereby ordered to transmit a certified copy hereof to the surviving spouse of the beloved departed. Passed, approved and adopted this llth day of February 1974. Allan T. Thorns Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman .Justmann. Carried by the following vote: Yeas — Mayor Thoms. Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 11, 1974 Honorable Mayor and City Council Former mayor Clarence P. Welu came to the office this morning, and on behalf of the family of Leo N. Schueller requested that mention be made at council meet- ing of the appreciation of the family for the attention and af- fection given them by the officials and staff of the city. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 49.74 WHEREAS, William J. O'Brien, for years a deputy City Clerk of the City of Dubuque, Iowa, de- parted this life on the 6th day of February, 1974; and WHEREAS, William J. O'Brien left a rich and monumental legacy for those coming after him by reason of his gentleness and nobility of spirit marked by his unquenchable desire io spread Special Session, February 11, 1974 85 sympathy among the less love and fortunate of his brethren: and WHEREAS, William T. O'Brien during his lifetime devoted a ma- jor portion of his life in sharing the joyous exuberance of the ill on their way to recover.: he was I source of strength and courage to those who had an intimate and constant acquaintance with pain and he was a glittering light to those travelling the long journey into eternal night. NOW THEREFORE BE IT RF SOI,% -ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, The City Council of the City of Dubuque, Iowa, speak- ing for and on behalf of the in- habitants of this community does hereby publicly proclaim the deep sense of community loss at the passing of William J. O'Brien and does hereby publicly proclaim that this departed truly was a lover of humanity. His exemplary life was living proof of the fact that true love lies in giving and he gave of this without stint or without thought of recompense. Truly, he was a leading citizen who built magnificent edifices in the hearts of men. In the words of David Fyten in Sunday's Telegraph - Herald, "Bill O'Brien will be missed. Just ask any patient in any ward at any hospital today, tomorrow night and the night after that." Section 2. Let. the City Clerk affix the great seal of the City of Dubuque hereto, spread a copy hereof upon the permanent rec- ords of his office and transmit a certified copy hereof to the sur- viving members of the departed's family. Passed, approved and adopted this 11th day of February, 1974. Allan T. Therms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Fromntelt City Clerk Mavor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of N.E. Iowa Crime Commission requesting the selection of an elected official as a primary elected representative to the Board, presented and read. Councilman Lundh moved that Councilman Emil Stackis be the designate and further allow the Commission to appoint the alter- nate. Seconded by Mayor Thorns. Carried by the following vote: Yeas — Mayor Thorns, Council men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Dubuque Dock Commission submitting min- utes of their meetings of January 24th and 213th, presented for the record. Mayor Thorns moved that the minutes be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Dubuque In- dustrial Bureau proposing that a special ad hoc committee be named by the Council or the Ma. yor's Industrial Committee be ex- panded to deliberate on the feasi- bility of a specific recommenda- tion for a second municipal indus- trial park, presented and read. Ma- yor Thorns moved that the com- munication be referred to the Council meeting scheduled for February 18th. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas — !Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. February 7, 1974 To the Honorable Mayor and Members of the City Council In accordance with the pro- visions of Chapter 365 of the 1973 Code of Iowa, as amended, the Civil Service Commission conduct. ed entrance examinations for ap- plicants seeking positions on the Police Department. The following named applicant has passed both the written and physical examination and is hereby 86 Special Session, February 11, 1974 certified for appointment to the Police Department. 70% Joseph J. Welsh G. B. Noonan Chairman Marvin A. VanSickle Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 8th day of February, 1974. Violet Savary Notary Public Mayor Thoms moved that the communication be received and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 7, 1974 To the Honorable Mayor and Members of the City Council In accordance with the pro- visions of Chapter 365 of the 1973 Code of Iowa, as amended, the Civil Service Commission conduct- ed entrance examinations for ap- plicants seeking positions on the Fire Department. The following named applicants have passed both the written and physical examinations and are hereby certified for appointment to the Fire Department. Hanten, Ronald J, 78% Weiss, Neill E. 77% Mohr, David W. 71% Carroll, Dennis J. 70% G. B. Noonan Chairman Marvin A. VanSickle Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 8th day of February, 1974. Violet Savary Notary Public Mayor Thoms moved that the communication be received and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 7, 1974 Honorable Mayor and City Council Enclosed find our 1973 Street Finance Report which includes all income and expenditures for street purposes. The first column contains the entire Road Use Tax accounting which is generally split one-half to the street department for snow removal, road maintenance and street cleaning. The other one-half to the engineering department for city share of new street construc- tion such as Grandview Avenue, University Avenue, Locust Street, Kaufmann Avenue and mainten- ance mats on local streets. The second column consists of street fund accounts derived main- ly from property taxes, and assess- ments paid by residents within thirty days to the city treasurer. This fund pays for traffic ser- vices such as signs and painting, and a small portion of street maintenance, The engineering department handles the major portion of this fund under assessments on streets such as Grandview and the others mentioned above in column #1. The third column accounts for all other funds contributing to a street -related expenditure. The total expenditure for street - related purposes this year is $2,824,460. This report also includes a park- ing report showing all parking in- come and expenses. Gilbert D. Chavenelle. City Manager Mayor Thoms moved that the communication be received and filed and the Clerk be authorized to sign the report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 7, 1974 To the Honorable Mayor and Members of the City Council This is to advise that I have ap- proved the following policy and bond, and desire to have your ap- proval on same. Special Session, Febniary 11, 1974 87 COMPREHENSIVE LIABILITY Dubuque Plumbing & Heating Co. et al, Bituminous Casualty Corp. Policy No. MP 524027, 2-1-74 to 2.1.77. PUBLIC OFFICIAL BOND Romolo N. Russo, Western Surety Co. 3.1-74 to 3-1-75. Bond No. 5122316. Gilbert D. Chavenelle City Manager Mayor Thoms moved filing ap- proval subject to approval of the City Attorney. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 7, 1974 Honorable Mayor and City Council Attached is a letter from Mrs. Heathcote requesting an additional $1,000.00 appropriation for Project Concern above the amount already budgeted. I have met with Mrs. Heathcote and talked to her about the prob- lem. I recommend that you favor- ably consider the request and authorize the city manager to make the payment. At a later time 1 will request a tudget adjustment. Gilbert D. Chavenelle City Manager Councilman Lundh moved ap- proval of the request. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of CNA Insur- ance submitting supporting docu- ments for their subrogation claim of their client Cedar Rentals Inc., original notice considered at the Council meeting of January 24, 1974, presented and read. Mayor Thorns moved that the communi- cation be referred to the City At- torney. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of M. P. Hogan Inc. requesting release of County - City of Dubuque Authority bond as issued by Merchants Mutual Bonding Co., in lieu of new bond filed by Northwestern National Insurance Co., presented and read. Councilman Stackis moved that the Mayor be authorized to sign the release and concurrence should be given by the County and referred to the City Solicitor. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 1, 1974 Honorable Mayor and City Council On November 21, 1973, Robert S. Ruegnitz of 2117 Orchard. Drive filed claim against the City of Dubuque in the amount of $45.00 and claiming said damages oc- curred on November 20, 1973 as the result of his left wheel strik- ing the edge of an excavation in the 3000 block of Kaufmann Ave- nue resulting in his left tire to blow out and further alleging that the barricades had been removed from the street to the sidewalk and lawn. This matter was referred to the City Attorney who has made an investigation thereof and has se- cured payment for the claimant from the contractor, and this mat- ter is closed at no expense to the City of Dubuque. Original claim is returned here. with. R. N, Russo City Attorney Councilman Lundh moved ap- proval of the recommendation. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Julsmann, Lundh, Stackis. Nays — None. Communication of Attorney Leo A. McCarthy, attorney for Du- buque Savings and Loan Ass'n., submitting an Ordinance and re- questing that permission be grant- ed to his client a revocable permit to place stone veneer at the north- east entrance which would extend 3" into the public walk and right 88 Special Session, Februauy 11, 1974 of wav, presented and read. Mayor Thoms moved that the communica- tion be received and filed. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, 1,undh, Stackis. N ays — None. ORDINANCE NO. 12.74 An Ordinance authorizing Du- buque Savings and Loan Associa- tion to construct stone veneer 3" into city walk, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis, Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis, Nays—None. ORDINANCE NO. 12.74 AN ORDINANCE AUTHORIZING DUBUQUE SAVINGS AND LOAN AS- SOCIATION TO CONSTRUCT STONE VENEER 3" INTO CITY WALK. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That DUBUQUE SAV- INGS AND LOAN ASSOCIATION as owners of the premises known as DU- BUQUE SAVINGS AND LOAN AS- SOCIATION BUILDING IN THE CITY OF DUBUQUE, IOWA, described as the Easterly 43 ft. of the Southerly 61 ft. of Lot 172 in the City of Dubuque, Iowa, according to the United States Com- missioners' map of the survey of the Town of Dubuque, Iowa, together with all easements appurtenant thercw, be, and they are hereby granted the revocable permit and authority to construct and Place stone veneer on the outside wall at the northeast entrance of said building, which stone extends 3" into public walk and right of way; under the terms and conditions set forth in this Ordinance. SECTION 2. That such construction shall be done- in accordance with plans heretofore submitted by permittees and approved by City Manager, under the supervision and direction of the City Manager, and in accordan:e with all ap- plicable state and federal laws and reg- ulations, and the Ordinances of the City of Dubuque. SECTION 3. That the permission here- in granted is expressly conditioned on permittees agrcetnent to: ■) Assume any and all liability for damages to persons or property which may result from the existence, loca• tion, installation, construction or maintenance of said stone veneering; b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for dam- ages of any kind resulting from the location, installation, existence, con. struetion or maintenance of said stone veneering sustained by any person or persons, caused by accident or other- wise, to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, ex- istence, construction or maintenance of said stone veneering and to pay reasonable attorney fees therefor; c) To indemnify and hold City of Dubuque free and harmless from any and all claims, loss, liability and ex- pense for injuries to third persons or damages to property of third per- sons, or for danuge to any property of City of Dubuque which may oc- cur as a result of or in connection with the location, installation, con- struction, maintenance and repair of the facility, work or improvement permitted herein. SECTION 4. That the permission here. in granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting prop- erty, shall within ten (10) days or such additional time as may be necessary, with- in the judgment of the City Manager, but not to exceed thirty (30) days, after receipt of written notice from the City Manager, so to do, at their own expense, remove said stone veneering, and in the event of their failure so to do, the City of Dubuque shall be authorized to re- move said stone veneering, at permittees expense and dispose of the same, and the permittees shall have no claim against tht City or its agents for damages re- sulting from the removal of said stone veneering. SECTION S. Permittees covenant and agree that the revocable permit herein granted dues not constitute an approval of the design, erection, location, construc- tion, repair or maintenance of said facility and said permittee hereby cuvenants and agrees nut to assrrt such claim or de- Special Session, February 11, 1974 _99 frees City of Dubuque in thr event of claim asserted for Personal injuries and -or property damage against the permittee arising out of or in any Ray connected with the locauot airstaainlnd tion, construction, design, P maintenance of the facility herein per- mittrd. SECTION 6. This Ordinance &hall be - affective and the rights hereunder cotnee to Dubuque Savings and Loan accru accruiation or its successor in interest Assocwhen this Ordinance has been adapted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Passed. approved and adopted this 11th day of February, 1974. Allan T. Thom' Mara C. Robert Justmann James E. Brady Aloin E. Lundh Ernil Stackis councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 12-74 The undersigned having read and be- ing familiar with the term& and condi- tions of Ordinance Nn. 12-74 hereby, for themselves, their successors or assigns, u owners of the abutting property, ac- cept the same and agree to Ix bound by the oonditi(ins and agreements therein cun.aincd to be performed by permittees. Dated February 1), 1974 Dubuqut Saving, and Loan Association BY: C. J. Buelow President Published officially in tfse Telegraph Herald Newspaper this 19th day of Feb- ruary, 1974. Loo F. Frontmrlt City Clcrk It. 2-19. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Richard J. Bower re- questing a refund of $422.50 on the unexpired portion of beer -liq- uor license No. 65527, as he has discontinued business on Decem- ber 20, 1973, presented and read. Councilman Justmann moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by M a y o r 'rhoms. Carried by the following vote: Yeas — Mayor Thoms, Council - nen Brady, Justmann, Lundb, itackis, Nays—None. Petition of Thomas D. & Helen Walsh requesting that the W. 126, of Lot 1 of Summit Place Brammers) be held for a play area, presented and read. Councilman Justmann mowed that the rules be suspended in [)rder to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Therms, Council. men Brady, Justmann, Lundh. Stackis. Nay& --None, Mr. Thos. Walsh spoke in behalf of his petition. Mayor Thoms moved that the petition be referred to the City Manager. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Tlfoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Terry Stewart of 741% W. 3rd Street requesting ap- pointment to the Youth Services Board, presented and read. Mayor Thoms moved that the petition be referred to the Youth Services Board. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayo kms, Lundh, men Brady, Stackis. Nays—None. Petition of Francis O'Connor, as attorney for Sisters of Charity B.V.M., requesting reaming of the Sly. 500' of the Sisters property at Mount Carmel be rezoned to permit multiple housing or mul- tiple housing under a planned unit development, Presented and read. Mayor Thoms moved that the petition be referred to the Plan. ning & Zoning Commission. Set` onded by Councilman Lundh- Car- ried by the following vote: Yeas Mayor shn,( Council- men Brady,utmanLundh, Stackis. Nays—None. Petition of United Spanish Amer- ican War Veterans, Gen. Fitzhugh Auxiliary requesting permission to conduct a tag day on the last Sat- 90 Special Session, February 11, 1974 urday in April, presented and read. Councilman Stackis moved that the petition be granted and referred to the City Manager. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays --None. Petition of David L. Clemens, attorney for CW Enterprises re- questing permission to address the Council for re -negotiation of a proposed grant of revocable per- mit for DeLuxe Cottage Court, pre- sented and read. Mayor Thoms moved that the petition be tabled until the Council meeting of Feb- ruary 18, 1974. Seconded by Coun- cilman Brady. Carried by the fo)- lowing vote: Yeas — Mayor Thoms, Council- men Brady. Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 50.74 WHEREAS, the MAYOR'S IN. DUSTRIAL COMMITTEE, com- posed of Joseph J. Bitter, then Mayor, William McEllhiney, Chair- man of the Dock Board, and Rob- ert E. Dorothy, Manager of Du- buque Industrial Bureau, recom- mended on December 10, 1973 to the City Council of the City of Dubuque, Iowa that the applica- tion to purchase certain city - owned real estate by American Optical Corporation for the pur- pose of constructing and erecting thereon a building containing at least 10,000 square feet be ap. proved, and thereafter on the 11th day of February, 1974, said recom- mendation was concurred in by Allan Thoms, Mayor of the City of Dubuque, Iowa; and WHEREAS, City Council of the City of Dubuque, Iowa has ex- amined said application and said recommendation by the MAYOR'S INDUSTRIAL COMMITTEE and find that the sale of said real es- tate should be approved; and WHEREAS, said real estate sought to be purchased by Ameri. can Optical Corporation is de- scribed and known as: Lot 2 of the Subdivision of Lot 2 of Lot 2 Of Lot 2 Of Lot 1 Of Block 5 of "River Front Sub- division No. 3" and Lot 2 of Lot ,,All of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No. 3" all in the City of Dubuque, Iowa NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the application of American Optical Corporation to purchase a parcel of city. owned real estate in the City of Dubuque, Iowa which real estate is described and known as: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Sub. division No. 3" and I.ot 2 of Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No 3" all in the City of Dubuque, Iowa be and the same is hereby ap- proved upon the following terms and condtions: I. That the said real estate be sold to American Optical Cor. poration for the construction and erection thereon of a new building containing at least 10,000 square feet. 2. That the sale price for said real estate shall be Ten Thou. sand Eight Hundred Ninety (10,890.00) Dollars and the receipt of ten (10`,"x) percent of which as down payment is herewith acknowledged by the City. 3. That construction of said building shall be commenced within one (1) year of adop- tion and the passage of this Resolution and shall be com- pleted within two (2) years of delivery of deed and upon failure so to do or failure to make improvements to the land within one (1) year by the American Optical Cor- poration, purchaser, then said real estate shall automatically revert to the City of Du- buque, Iowa and purchase price, less damage, shall be refunded to the purchaser. 4. That the construction of all buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in conformance with existing City codes, and manufactur- ing process carried out in accord with City ordinances. 5. That the City of Dubuque, Iowa retains a perpetual ease- Special Session, February 11, 1974 91 ment for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to re- pair, inspect and maintain the same. 6. That all utilities and services to proposed buildings shall be connected at buyer's ex- pense. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of in- tent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 11th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann. Lundh, Stackis. Nays—None. RESOLUTION NO. 51.74 WHEREAS, the City Council of the City of Dubuque, Iowa has for many years recognized the right of its employees to voluntarily elect to be collectively represented by various employee organizations, and WHEREAS, the City Council of the City of Dubuque, has directed its Chief Administrative Officer to negotiate and include in the budget development terms of agreements affecting wages, hours and other working conditions arrived at through a collective bargaining process, and WHEREAS, this collective bar- gaining process resulted in bene- fits to the employees of the City of Dubuque, Iowa, the citizens they serve, and WHEREAS, this collective bar- gaining process has minimized the possibility of interruption of serv- ice to the community, and WHEREAS, the orderly process of government has been enhanced and strengthened by this recogni- tion of individual rights to collec- tive bargaining, and WHEREAS, the Senate of the 64th General Assembly enacted a Public Employment Relations Act. and WHEREAS, the House of Repre- sentatives of the 65th General As- sembly will be considering enact- ment of this bill. Senate File 531, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That it be made known to all interested persons and in particular to the Iowa House of Representatives that the enactment of a Public Employment. Rela- tions Act should be a top priority order of business of said House of Representatives. Section 2. That a Public Employ- ment Relations Act is in the best interests of all persons residing in this State. Section 3. That it be made known to the Iowa House of Representa- tives and other interested persons, that the City of Dubuque does sup- port Senate File 531 in its present form, and recommends that the said House of Representatives pass the bill in substantially that form. Passed. adopted and approved this 11th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution as amended. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays — None. January 31, 1974 To the Honorable Mayor and City Council I hereby submit the attached sheets No. 1 to 3 inclusive showing a schedule of the proposed valua- tion and assessments for the con- 92 Special Session, February 11, 1974 struction of the Century Drive and Bies Drive 8" sanitary sewer. John L. White, P.E. City Engineer Mayor Thoms moved that the communication be. received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays — None. RESOLUTION NO. 52.74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 3, inclusive, are hereby determined to be the sched- ule of proposed assessments and valuations for the Century Drive and Bies Drive 8" sanitary sewer as set out therein, are hereby ap- proved. Passed, adopted and approved this 11th day of February 1974. Allan T. Thorns Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis, Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 53.74 Preliminary approval of propos• ed plans, specifications, form of contract, plat and all other docu- ments for the construction of the Century Drive & Bies Drive 8 inch sanitary sewer, at an estimated cost of $30,831.79, presented and read, Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. (Ne+ceesity for Improvement) RESOLUTION NO. 54-74 WHEREAS, proposed plans specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there. of which is estimated to be assess- ed against each lot, for the CEN- TURY DRIVE & BIES DRIVE 8 inch SANITARY SEWER. BE IT TiEEREFORE RESOLVED that, the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be. deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer Bonds- shall ondsshall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion Special Session, February 11, 1974 93 of any street or assessment district I paper published in the city of Du - shall be assessed to and paid by I buque, the last of which shall be the railway company. not. less than two (2) nor more than The above resolution was intro- (4) weeks prior to the day fixed duced, approved and ordered plac- for its consideration and unless ed on file with the City Clerk this property owners at the time of 11th day of February, 1974. final consideration of said resolu. Approved and placed on file for tion have on file with the Clerk final action. objections to the amount of the Allan T. Thoms proposed assessment, they shall Mayor have been deemed to have waived C. Robert Justmann all objections thereto, at which Alvin E. Lundh hearing the Council will hear such Emil Stackis objections and enter on record its James E. Brady final decision thereon. Councilmen Passed, adopted and approved this 11th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved approval of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. (Fixing date of hearing) RESOLUTION NO. 55-74 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No, 53-74 given its pre- , liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CENT- URY DRIVE & BIES DRIVE 8 inch SANITARY SEWER and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 11th day of March. 1974, a public hearing will be held at 7:30 o'clock P.M. CDT in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed avainst any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and plane of such hear. ing to be published in some news - Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stockis. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Salc of project Notes in the amount of $1,565,000, first series 1974, Matur- ity June 21, 1974, Urban Renewal project, presented and read. No written objections were filed and no oral objectors were present at the time set for the public hear. ing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council men Brady, Justmann, Lundh, Stackis. Nays -- 'None. RESOLUTION NO. 56.74 Authorizing the sale, issuance and delivery of project notes in the aggregate principal amount of $1,565,000 and the execution of requisition agreement No. 4- 73 in connection with the down- town urban renewal project, No. Iowa R-15 WHEREAS, the City of Dubuque (herein called the "Local Issuing 94 Special Session, February 11, 1974 Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any pro- visions thereof, are herein called the "Contract") 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 hous- ing or redevelopment project (s) described in the Contract and here- in called the "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of pro- posals for the purchase of the First Series 1974 of Project Notes (here- in sometimes called "New Project Notes") of the Local Issuing Agen- cy aggregating $1,565,000, which appeared in a Notice of Sale pub- lished on January 22, 1974, and January 29, 1974, in The Telegraph Herald in the City of Dubuque, Iowa, and in The Daily Bond Buy- er in the City of New York, New York, proposa'.s for the purchase of the New Project Notes in the form approved by the Local Issu- ing Agency were received, opened, and canvassed at the time and place mentioned in said advertise- ment, to wit: at Council Chambers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T. on Febru- ary 5, 1974, which proposals are as follows: Name of Bidder, Interest Rate, Principal Amount, Premium Continental Illinois National Bank and Trust Company of Chicago, 4.08%, $150,000, $0.00 First National City Bank of New York, 4.10%, $1,415,000, $36.17 Bank of America N.T. & S.A. Bank. ers Trust Company, 4.12`,,, $1,565,000, $42.00 Chemical Bank, New York, New York, 4.15%, $1,565,000, $9.00 Salomon Brothers Morgan Guaran. ty Trust Co. of New York, 4.18%, $1,565,000, $42.00 NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. The aforesaid publica- tion of the Notice of Sale and the form and contents thereof as so published are hereby, in all re. spects, approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development of the Project, or to refund, renew or extend its outstanding Notes issued in connection therewith, the Local Issuing Agency hereby deter. mines to borrow the sum of One Million Five Hundred Sixty-five. Thousand Dollars ($1,565,000) and issue its negotiable Project Notes therefor. Section 3. The Local Issuing Ag. ency hereby ratifies and approves the form of each proposal herein. after in this Section 3 enumerated for the purchase of the designated principal amount of Notes and determines 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 purchas. er, as follows: Principal Amount, Interest Rate, Purchaser 5150,000, 4.08°x, Continental Illi. nois National Bank and Trust Company of Chicago $1,415,000, 4.10%, First National City Bank of New York Section 4. Each Note shall be dated March 5, 1974, shall be pay- able as to both principal and inter- est to bearer, on June 21, 1974. and, pursuant to each proposal for the purchase of said Notes herein- above accepted, shall bear the rate of interest per annum, payable at maturity; shall bear the numbers and be in the denominations; and shall be payable as to both princi- pal and interest at the incorporated bank having trust powers or in- corporated trust company, as fol- lows: Purchaser, Numbers, Denomina- tions, Interest Rate, Payable At Continental Illinois National Bank and 'frust Company of Chicago, 1-3, $50,000, 4.08%, Continental Illinois National Bank and Trust Company of Chicago First National City Bank of New York, 4-59, $25,000, 60.62, $5,000, 4.10%, First National City Bank of New York None of such Notes shall be valid until after the bank or trust com- pany at which it is payable shall have signed the agreement, appear- ing 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 Special Session, February ll, 1974 95 the Local Issuing Agency and shall purpose of paying the principal have the corporate seal of the i and interest to maturity on such Local Issuing Agency impressed, Notes, are deposited with the pay - imprinted or reproduced thereon ing agent or agents for such Notes. and attested by the City Clerk, and Section 8. The proceeds derived said officers are hereby authorized from the sale of the New Project and directed to cause said Notes Notes, together with such amount to be properly executed, of other funds of the Local Issuing Section S. Each such Note shall Agency as may be necessary, shall be in substantially the form of be applied, simultaneously with 14UD•9010, which is incorporated the receipt of said proceeds, in herein by reference, and shall be accordance with the provisions of secured by an agreement entitled I the Requisition Agreement. "Requisition Agreement No. 1-74 Section 9. The City Treasurer is (hereincalled the "Requisition hereby authorized and directed to Agreement"), in substantially the send promptly a letter to each pay. form of HUD -9003, which is incorp- ing agent for the New Project orated herein by reference, to be Notes in substantially the form of entered into between the Local Is- HUD -9004, which is incorporated suing Agency and the Government. herein by reference, and to trans - Section 6. The Requisition Agree- mit therewith (a) the New Project ment shall be executed in the Notes for which the addressee is name of the Local Issuing Agency the paying agent for delivery and by the manual or facsimile Signa- I payment and (b) a signature certifi- tu-e of the Mayor of the Local Is- tate and receipt, in accordance suing Agency and shall have the with the terms of said letter, and corporate seal of the Local issuing to take such other actions as may Agency impressed, imprinted, or be required to complete the deliv- reproduced thereon and attested ery transaction in accordance with by the City Clerk, and said officers the terms of the letter to the pay - are hereby authorized and directed ing agent, to cause the Requisition Agreement Passed, approved, and adopted to be propertly executed, this 11th day of February, 1974. Section 7. For the punctual pay- Allan T. Thorns ment of the principal of and inter- Mayor est on the New Project Notes, the C. Robert Justmann Local Issuing Agency hereby ex- Alvin E. Lundh pressly and irrevocably promises Emil Stackis to pay any sums which may be James E. Brady received from the Government City Councilmen pursuant to the Requisition Agree- ment 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 Is- suing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (re- ferred to in the Contract as "Pro- ject Temporary Loan Obligations," "Advance Notes" or "Permanent Notes") as issued in connection with the interest to maturity on the New Project Notes. Such Pledge and the lien created there- by shall cease and terminate when monies or investment securities convertible into cash not later than the maturity date of the New Pro- ject Notes, sufficient and for the ATTEST: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 57.74 wifEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT by the Cityof the City of Dubuque, owa, that the following applications granted and permits issued upon the compliance with the terms of the ordinance of the City. 96 Special Session, February 11, 1974 CLASS "B" PERMIT TO SELL BEER Adele Fens, dba Del's Tap, 210 West 1st Street Passed, adopted and approved this 11th day of February 1974. Allan T. Thoms C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Fmmmelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council• men Brady, Justmann, Lundh, Stackis. Naya—None. RESOLUTION NO. W74 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 occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager he authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" PERMIT TO SELL BEER Adele Fens, dba Del's Tap, 210 West 1st Street Passed, adopted and approved this 11th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Counell- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 5974 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following named applications be approved and licenses issued upon the compliance with the pro- visions of Chapter 131, Acts of the First Regular Session, 64th Gen. eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Apartments, Ltd., dba, The Apartment 5A, Kennedy Mall, 555 JFK Road Passed, adopted and approved this 11th day of February 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 60-74 WIIEPREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) The Apartments, Ltd., dba, The Apartment 5-A, Kennedy Mall, 555 JFK Road Special Session, February 11, 1974 97 passed, adopted and approved this 11th day of February 1974. Allan T. Thorns Mayor C. Robert Justmann Alvin F. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nuys — None. There being no further business Councilman Stackis moved to ad- journ. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. I.eo F. Frommelt City Clerk Approved June 17, 1974 Adopted June 17, 1974 98 Special Session, February 18, 1974 CITY COUNCIL OFFICIAL Special Session, February 16, 1974. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Thom$, Coun- cilmen Brady, Juslma<m, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated thatservice thereof had been duly made and this meeting is called for the purpose of CON- DUCTING PUBLIC HEARINGS ON VARIOUS REZONING REQUESTS, and acting upon such other busi. ness as may properly come before a regular meeting of the Council. Communication of Dubuque In- dustrial Bureau, forward from last meeting, proposing a special ad hoc committee be named the Council, or the Mayor's Industrial Committee be expanded to deli- berate on the feasibility of, and specific recommendation for a second municipal Industrial park, presented and read. Councilman Justmann moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Councilman Stackis moved that the rules be suspended in order to let anyone p-esent address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mr. Duane Mortenson spoke in behalf of the Industrial Bureau and also presented Spencer Smith and Paul Gisch. Mayor Thoms moved that the report of the Dubuque Industrial Bureau be referred to the City Planner. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None, February 15, 1974 The Honorable Mr. Allan Thoms, Mayor Members of the Dubuque City Council On December 3, 1974 Ecumeni• cal Housing Incorporated request- ed to exercise its option to pur. chase the parcel of Urban Renewal land at 6th and Locust St. At that time I explained to the members of the Council that due to rising costs $300,000 would have to be raised from the community to make the project feasible. The Federal Housing Administration had informed us that the money would have to be in hand by June 30, 1974 to retain the Federal commitment. We began by making an appeal to the churches of Dubuque with the response being very positive but not yet completed. We planned to go to business foundations and large donors after the churches had contributed. At a February 6th meeting with FHA officials in Des Moines, we were informed that they would like a feasibility application, which requires confirmation of the $300,000, submitted by March 1, 1974. The reason being that in order to keep costs down they would like construction to begin July 1, 1974. Enclosed is a letter from Nate Ruben, Director of FHA, further explaining the pro- posed;, schedule- for -processing of the project. This very . tight schedule no longer, allows us to develop a board based community campaign, although we are continuing with the church appeal, and contacts with foundations. Therefore, Ecu- menical. Housing Incorporated is asking. that the City Council .of Dubuque appropriate funds in the amount of $100,000 to; enable "Eoumenical Tower" to become a reality. (Rev.) Thomas W. Rhomberg Pres„ Ecumenical Housing Incorporated Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Special Session, February 18, 1974 99 February 18, 1974 Honorable Mayor and City Council You have before you a letter from Ecumenical Housing request- ing an appropriation of $100,000. I advise the council that $100,000 Revenue Sharing Funds are avail- able for this purpose and recom- mend the appropriation. I would ask that you approve of this recommendation with the un- derstanding that the formal ap- propriation request will be brought to you later, and that it will be subject to suitable contrac- tual arrangements between the parties. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Rev. Thomas Rhomberg stated that they must have evidence of $300,000 before the feasibility stu- dy can be completed. They would be agreed to the $40,000 per year taxes. Mr. Ed Sheppley, Tom Mc- Clain, Leo McCarthy, Eldon Her - rig, Rev. Odden, Dick Ludwig, all spoke in favor of Ecumenical Housing. Mr. Don Toom and Wal- ter Clark spoke against the Ecu. menical Housing project. After considerable discussion Councilman Brady moved to re- impose the rules. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justman, Lundh, Stackis. Nays—None. Councilman Brady moved that the City Manager issue a letter of intent for payment of $100,000 to Ecumenical Housing by the City of Dubuque for purchase of ser- vices over a forty year period sub- ject to: (1) An Agreement between the City and Ecumenical Housing that the Corporation will pay full taxes on the facility for a minimum of seven years and will not seek a tax exemption until that time. (2) That the contractual agree- ment spell put a specified num. her of units over a forty year peri- od to be made available to the elderly of the community. (3) That a contractual agree- ment be drawn by the City Solici- tor and subject to final Council approval. Seconded by Mayor Thorns. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, I.undh, Stackis. Nays --Councilman Justmann. COUNCIL RECESSED AT 9:50 P.M. RECONVENED AT 10:00 P.M. February 14, 1974 Honorable Mayor and Councilmen Enclosed are copies of the con- sultant's final report and recom- mendations for the John F. Ken- nedy Road Corridor. The City Manager's Traffic Committee and the Planning and Zoning Commission have reviewed the report and have considered its alternative recommendations. Our shared conclusions are as fol- lows: 1. The analysis and principal findings are correct. John F. Ken- nedy Road presently affords an ac- ceptable level of service, by con- ventional national standards, but this service level will deteriorate as vacant lands are developed and as existing activities increase in intensity. 2. Major roadway and intersec- tion improvements will be neces- sary in the future to increase ca- pacity and to relieve points of ex- cessive hazard or delay. Therefore there is a need to make a com- mitment to a long-range plan for land -use and roadway develop- ment. We also share the consult- ant's view that major public in- vestment in roadway improvement should not be necessary for a peri. od of five years or more. This de- lay is an appropriate interval to secure commitments on the devel- opment of higher priority seg- ments of our urban transportation network, including a new Wiscon- sin Bridge, downtown arterial sys. tem, Dodge Street and the pro- posed outer loop. Impending prob- lems on John F. Kennedy Road cannot be effectively resolved apart from a prior resolution of more severe problems on these other segments of the network. 3. We share the consultant's conclusion as summarized on page Special Session, February 18, 1974 30, that the most workable long. range plan is their Alternate Plan One, with a four -lane J.F.K. — Wacker arterial, supplemented by a land -use plan that would regu- late the intensity of future devel- opment according to the traffic capacity of the roadway. Our rec- ommendation also supports the consultant's view that it should be possible to avoid the future ne- cessity of widening John F. Ken- nedy Road to six lanes or of pro- moting Carter Road to arterial status. The recommended network configuration is illustrated in Fig- ure 7 of the report (page 25). We have also attached a cross section diagram illustrating the roadway dimensions which we feel would be most appropriate for the rec- ommended plan. 4. The recommended Alternate Plan One generally conforms to the system considered in the 1990 Metropolitan Transportation Plan. The differences between the con- sultant's findings and the 1990 Plan are in projections of land - use intensity in the corridor, traf- fic concentration and lane require- ments, and the need for a substi- tute connection to Dodge Street at a point east of the present J.F.K.— Dodge Street intersection. It is recommended that these findings should be reviewed in the current process of updating the Metropoli- tan Transportation Plan, and that that Plan incorporate corridor sys- tem as described in No. 3, above. 5. The consultant has recom- mended modifications to the func- tionally classified system of local and collector streets within the corridor. We believe that the sys- tem illustrated in Figure 5 of the report represents an acceptable system concept, but that further consideration should be given to some of its features. It is proposed that the staff undertake further study of this functionally classi. fied system, and that no commit. ment be made to modification of present local and collector streets until a final plan can be devel. oped. 6. We recommend that short- range action he pursued, as pro- posed by the consultant, in amend- ing the Subdivision Ordinance to restrict minor subdivisions and to institute driveway and access con- trol, in amending the present Zon. ing Ordinance to include a man- datory Planned Development Dis. trict for future commercial uses. and in establishing minimum right of -way dedication requirements for future widening of John F. Ken. nedy Road according to the cross. sectional dimensions of the at. tached diagram. 7. The Traffic Committee is now considering several short-range modifications at the Asbury-J.F.K. Road intersection, at the Univer- sity T.F.K. Road intersection, and in lane stripping on J.F.K. Road south of Pennsylvania Avenue. We recommend that these efforts con. tinue in the expectation that cer. tain short-range improvements could be accomplished in the cor. ridor this year. The Planning and Zoning Com. mission and Traffic Conunittee re- Fpcetfully request that the con- sultant's report be received and filed by the City Council at this time. We would also seek ar, op- portunity to review the consul- tant's report and our recommen. dations with various interests in the corridor and would hereby re- quest your concurrence for such an effort on our part. We hope to return to the Council shortly to discuss and recommend a final plan and land -use policy reflect- ing the consultant's findings and our own concerns as set forth above. Respectfully submitted, Richard Friedman, Chin. Planning and Zoning Commission Captain Charles Jenaman, Secretary Traffic Committee Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Peoples Nat- ural Gas Co., being faced with spiraling demand in the face of tightening supply, are instituting an application and permit system that will apply both to residen- tial and non-residential customers in order to determine in advance the potential load requirements, presented and read. Special Session, February 18, 1974 101 Councilman Justmann moved that the communication be re- ferred to the Mayor's Industrial Committee and City Solicitor. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor'Moms, mann, Council- men Brady, Stackis, Nays—None. Mayor Thorns moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, stackis. Nays—None. Dir. Arthur Oeth and Robert Kehl addressed the Council by stating that they are in the proc- ess of starting a new subdivision. It would entail twenty-four apart- ments and now there is some ques- tion as to the furnishing of gas. February 8, 1974 Honorable Mayor and Citv Council On March 21, 1907, the City Council of the City of Dubuque, Iowa adopted an ordinance grant- ing unto the Dubuque Boat & Boil- er Works the permanent use of said strip of land lying on the north side of the Ice Harbor in the City of Dubuque, Iowa and said ordinance contained numer• ous conditions as the basis for said grant and, thereafter, on the 6th day of November, 1972 The City Council of the City of Du- buque, Iowa adopted, passed and approved an Ordinance No. 56-72 repealing said ordinance adopted by the City Council of the City of Dubuque, Iowa on March 21, 1907. Thereafter, the Dubuque Boat & Boiler Company commenced an ac- tion to Quiet Title to said strip of land claiming to be the owner thereof and the City filed the ap- propriate resistance thereto and filed pertinent motions thereto and on the 30th day of January, 1974 the District Court of Du- buque County, Iowa in Equity No. 82215 ordered, adjudged and de- creed that said action by the plain- tiff be dismissed. In the opinion of this writer, this terminates this action with the exception of the right of an appeal in the plaintiff. Original notice with copy of pe- tition attached is herewith re- turned. R. N. Russo City Attorney Councilman Stackis moved that the recommendation he received and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of Alta M. Ap- pel, in an undetermined amount, for personal injuries received in a fall in Washington Park on Feb- ruary 13, 1974, presented and read. Mayor Thorns moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thorns, Council* men Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of Charles E. Hess, in an undetermined amount, for personal injuries received in a fall at the corner of W. 3rd & Ncvada on February 13, 1974, pre- sented and read. Mayor Thorns moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Ordi- nance Na, 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque by chang- ing from Single Fancily Residence District Classification to Multiple Residence Planned Unit Develop- ment District, the following de- scribed teal estate: Lot 2 of 1 of Bethany Addn; Lot 1 of 1 of Beth- any Addn; Lott of 1 of St. Fran- cis Sub.; Lot 4; Lot 1 of 1 of 1 of 3 of St. Francis Sub. (except part within 200' of North line of Davis Avenue); Lot 2 of St. Fran- cis Sub. (except part within 200' Of north line of Davis Ave., Lot 1 of 1 of St. Francis Sub.; Lot A Of Lot 1 of 1 of Bethany Addn , 102 Special Session, February 18, 1974 Lot A of I.ot 4 of St. Francis Sub.; Lot A of I.ot 1 of 1 of 3 of St. Francis Sub. (except W. 40' of North 1,320'): Lot A of Lot 2 of 3 of St. Francis Sub.; SV2 of East 10 acres of West 30 acres of Lot 2 of SW','4 of SEt,'4 Sec. 12, TwP. 89 N. R. 2E 5th P. M. (except part within 200' of north line of Davis Avenue); West 330' of East t,1z of North % of Lot 2 of SWS"a4 of N. SEN of Section 12, Twp. R. 2E 5 P.M.; West % of Fast 1/2 of NW',a of SEta Sec. 12, T. 89 N. R. 2E 5 P.M.; West 20 acres of Lot 2 of SW'a of SEI/4 of Sec. 12, T. 89 N.R.2E 5 P. M.; (except the southerly 625' thereof); W',1i of NWta of the SE's of Sec. 12, T. 89 N. R. 2E. 5 P. M., presented and read. No written objections were filed and no oral objections were Pres. ent in the Council Chamber at the time set for the public hearing. Mayor Thom, moved that the proof of publication be received and filed. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, l.undh, Stackis. Nays—None. ORDINANCE NO. 13.74 An Ordinance Amending and Changing Ordinance No. 3.34 known as "The Zoning Ordi- nance and Zoning Map of the City of Dubuque, Iowa," so as to change certain property here• inafter described from "Single Family Residence District" clas- sification to "Multiple Residence Planned Unit Development Dis- trict" Classification, said Ordinance having been pre- viously presented and read at the Council meeting of January 21, 1974, presented for final adoption. ORDINANCE NO. 13.74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZONING ORD- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DE- SCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFI- CATION TO "MULTIPLE RESI- DENCE -PLANNED UNIT DEVELOP. MENT DISTRICT" CLASSIFICATION NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 3-34, known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," be and the same is hereby amended by changing from "Single Family Resi- dence District" classification to "Mul- tiple Residence-I'lanned Unit Development District" classification the following de- scribed real estate, to wit: Lot 2 of Lot 1 of Bethany Addition; Lot i of Len 1 of Bethany Addition; Lot 2 of Lot 1 of St. Francis Subdivi- sion; Lot 4 of St. Francis Subdivision; Lot 1 or Lot I of Lot 1 of Lot 3 of St. Francis Subdivision (expect part within 200 feet of North line of Davis Avenue); Lot 2 of St. Francis Subdivi- sion (except part within 200 feet of North line of Davis Avenue); Lot I of Lot I of St. Francis Subdivision; Lot A of Lot 1 of Lot 1 of Bethany Addition; Lot A of Lot 4 of St. Francis Subdivi- sion! Lot A of Lot 1 of Lot 1 of Lot 3 of St. Francis Subdivision (except West 40 feet or North 1, 320 feet); Lot A of Lot 2 of Lot 3 of St. Francis Subdivi. sion South 1/2 of East 10 acres of West 30 acres of Lot 2 of SW 1/4 of SE 1/4 of Section 12, Township 89 North, Range 2 East of the 3th P.M. (Except part within 200 feet of North line of Davis Avenue); West 330 feet of East tit of North % of Lot 2 of SW 7/4 of SE 1/4 of Section 12, Township 89 North, Range 2 East of the 5th P.M.; West 1/2 of East lit of NW 1/4 of SE 1/4 of Section 12, Township 89 North, Range 1 East of the sth P.M.; West 20 acres of Lot 2 of the SW 1/4 of the SE 1/4 of Section 12, Township 89 North, Range 2 East of the 5th P.M. (except the southerly 625 feet thereof); West 1/2 of NW 1/4 of the SE 1/4 of Section 12, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. SECTION 2. That the zoning reclass- ification above described is made for the purposes of establishing on such real estate a Planned Unit Development, which shall consist of not more than three hundred sixty residential dwelling units, and which Planned Unit Development Plan shall be made pursuant to the provi- sions of Section 6 of Article IV of Ordin- ance No. 3-34. SECTION 3. That the Building Com- missioner of the City of Dubuque, Iowa is hereby ordered and directed that build- ing permits and certificates of occupancy for said properties shall be limited only to such uses structures and other installations as shall conform to an approved Planned Unit Development plan. SECTION 4. That the foregoing Amendment has heretofore been approved by the Planning and "Leming Carounissiuu of the City of Dubuque, Iowa. Special Session, February 18, 1974 103 Passed, approved and adopted this 18th day of February, 19Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telcgraph Herald Newspaper this 21st day of Febru- ary 1974. Lm F. Frommel, City Clerk it. 2.21 Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh- Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, 3ustmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend Zoning Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, So as to change the Zoning Classifi- cation of various parts of Lot 1 of Lot 1 of Lot 1 of Powers Place from Multiple Residence District and Single Family Residence Dis- trict Classifications to Local Busi- ness "A" District, Local Business "B" District and Multiple Resi- dence Planned Unit Development District, according to various de- scriptions as shown on the Zoning map attached, presented and read. No written objections were filed ani no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Justmann moved that the proof of publication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council men Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh. ORDINANCE NO. 14-74 An Ordinance Amending and Changing Ordinance No. 3-34, known as "The Zoning Ordi- nance Zoning Map of the City of Dubuque, Iowa", to change the Zoning Classification of var- ious parts of Lot 1 of Lot 1 of Lot 1 of "Powers Place" In the City of Dubuque, Iowa, from "Multiple Residence District" and "Single Family Residence District" to local business "A" District', Local Business "B" District" and Multiple Resi- dence -planned Unit Develop- ment District," according to var- ious descriptions herein pre- scribed, and as shown on the Zoning Map hereto attached, said Ordinance having been pre- viously presented and read at the Council meeting of January 24, 1974, presented for final adoption. ORDINANCE NO. 14.74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," TO CHANGE THE ZONING CLASS- IFICATION OF VARIOUS PARTS OF LOT I OF LOT I OF LOT I OF "POWERS PLACE" IN THE CITY OF DUBUQUE, IOWA, FROM "MUL- TIPLE RESIDENCE DISTRICT" AND SINGLE FAMILY RESIDENCE DIS- TRICT" TO "LOCAL BUSINESS 'A' DISTRICT," "LOCAL BUSINESS 'B' DISTRICT" AND "MULTIPLE RESI- DENCE -PLANNED UNIT DEVELOP- MENT DISTRICT," ACCORDING TO VARIOUS DESCRIPTIONS HEREIN PRESCRIBED, AND AS SHOWN ON THE ZONING MAP HERETO AT- TACHED NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 3-34, known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "Multiple Residence Dis- trict" to "Local Business 'B' District," a portion of Lot 1 of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuqcc, Iowa, described as follows: Commencing at the intersection of the easterly right-of-way line of John F. Kennedy Road and the northerly right-of-way line of Hillcrest Road; thence northerly along the easterly right-of-way line of John F. Kennedy Road approximately 178 feet to the in- tersection of the easterly extension of the center line of Hillcrest Road (west); thence easterly 280 feet along the extension of said center line of Hillcrest Road; thence southerly a dis- tance of approximately 238 feet along a line parallel to the easterly right-uf-way line of John F. Kennedy Road to the intersection of the north right-of-way line of Hillcrest Road; thence westerly .,long the northerly right -of- bog of Hillcrest Road to the point 104 Special Session, February 18, 1974 slang; all as shown on the zoning plat of Lot I of Lot. I of Lot 1 of "Powers Place" in the City of Dubuque. Iowa, as hereto attached and marked Ex- hibit "A" SECTION 2. That Ordinance No. 3-34, known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "Multiple Residence District" to "Local Business 'A' District" a portion of Lot I of Lot i of Lot I of "Powtta Pla=t' in the City of Dubuque. Iowa, described as follows: Commencing at the intersection of the easterly right-of-way line of John F. Kennedy Road and the easterly cxten- tion of the center line of Hillcrett Road (west); thence northerly along said easterly right-of-way line of John F. Kennedy Road approximately 48S feet to the intersection of the easterly ex- tension of the center tine of Foothill Road; thence easterly 280 feet along the extension of said center line of Foothill Road; thence southerly a distance of 481 feet to the intersection o.` the easterly extension of the center line of Hillcrest Road (went); thence easterly along said extended center line of Hillcrest Road (wort); to the point of beginning; all as shown on the zoning plat of Lot I of Lot 1 of Lot 1 of "Powers Place' in the City of Dubuque, Iowa, hereto attached and marked Exhibit "A". SECTION 3. That Ordinance No. 3-34, known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amend- ed by changing from "Multiple Residence District" to "Multiple Residence -Planned Unit Development District" a portion of Lot i of Lot 1 of Lot I of "Powers Plam" in the City of Dubuque, Iowa, described as follows. Commencing at the intersection of the easterly right-of-way line of John F. Kennedy Road and the easterly exten- sion of the center line of Foothill Road; thence northerly along said easterly right-of-way line of John F. Kennedy Road a distance of los feet to the south line of Lot 2 of Lot I of "Powers Place", thence easterly along said south line of Lot 2 of Lot 1 of "Powers Place" and its extension a distance of 249 feet to the west line of Lot 1 of Lot 1 of "Sucher Place"; thence southerly along a line parallel to the easterly right-of-way line of John F. Kennedy Road a distance of 701 feet to the intersection of the easterly ex- tension of the center line of Foothill Road; thence westerly along laid easterly extension of the center line of Foothill Road to the point of beginning; all as shown on the zoning plat of Lot I of Lot 1 of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, hereto attached and marked Exhibit "A" SECTION 4. That Ordinance No. 3-14, known as "the Zoning Ordinau a and Zoning Map of the City of Dubuque, Iowa" be and the some is hereby amended by changing from "Single Fami1v Re,i. dence District" to "Local Business 'B' District" a portion of Lot 1 of Lot I of Lot I of "Powers Place" in the City of Dubuque, Iowa, described as follows: Commencing sit the intersection of the north right-of-way line of Hillcrest Road and the northerly extension of the center line of Pasadena Avenue; thence westerly a distance of 181 feet along the northerly right-of-way line of Hill. crest Road; thence northerly along a line parallel to the easterly right-of-way line of John F. Kennedy Road a distance of 240 feet to the intersection of the easterly extension of the center line of Hillcrest Road (west); thence easterly a distance of lei feet along said ex- tended center line of Foothill Road to the intersection of the northerly extension of the center line of Pan- dena Avenue; thence southerly along said northerly extension of the center line of Pasadena Avenue a distance of Approximately 238 feet to the point of beginning; all as shown on the zoning plat of Lot 1 of Lot 1 of Lot I of "Powers Place" in the City of Dubu- que, Iowa, hereto attached and marked Exhibit "A" SECTION 1. That Ordinance No. 3-34, known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "Single Family Resi- dence District' to "Local Business 'A' District" a portion of Loc 1 of Lot 1 of Lot I of "Powers Place" in the City of Dubuque, Iowa, described as follows: Commencing- at the intersection of the easterly extension of the center Gree of Hillcrest Road (west) and the northerly extension of the center line of Pasadena Avenue; thence westerly Along said extended center line of Hill- crest Road (west) a distance of 185 feet; thence northerly along a line parallel to the easterly right-of-way line of John F. Kennedy Road a distance of approximately 481 feet to the in- tersection of the easterly extension of the center line of Foothill Road; thence westerly along said extended center line of Foothill Road a distance of 185 feet to the intersection of the northerly extension of the center line of Pasadena Avenue; thence southerly along said northerly extension of the center line of Pasadena Avenue a distance of ap- proximately 481 feet to the point of be- ginning; all as shown on the Toning plat of Lot I of Lot 1 of Lot lof "Powers Place" in the City of Dubuque, Iowa, hereto attached and marked Ex- hibit "A" SECTION G. That Ordinance No. 3-34, knows, as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" be and the same is hereby amended by changing from "Single Family Resi- Special Session, February M 1974 106 planned Unit DeveloLment Dia`ct" of portion of Lot ot I of Powers Place" in the cty of Dubuque. Intra described as follows; Commencing at the southwest corner of Lot 1 of Lot 1 of Lot 1 of "Stecher place"; thence southeasterly along the south line of said Lot 1 of Lot 1 of "Stecher Place," and its southeasterly extension a distanceof41 0 feet; thence nce northeasterly alC&S aline cast tine of Lot 1 of Lot 1 of "Stecher place" a distance of 164 fat; thence wuthnsterly a distance of 30 feel dong the line 145 feet distant from and parallel to the stsnth Psne of "Dubuque Hones Asbury Road Subdivision"; thence $outhwetterly a dsstancc of 695 feet altaog a line 145 feet distant from and parallel to the west line of Lot 2 of "Picardy Park Subdivision"; thence southeasterly a distance of 610 fat along a line 141 feet distant from and parallel to the south line of Lot 2 of "Picardy Park Subdivision"; thence south along a line parallel to the west line of block XI of "Hilkrest Heights Subdivision" to the north line of Lot 2 of Lea I of "Powers Place" thence westerly along the north lines of Lot 2 of Lot I and Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Powers Place" to the northwest corner of nid Lot 2 of Lot 1 of Lot 1 of Lot 1 of "Powers Place"; thence southerly along the west line of Lot 2 of Lot I of Lot 1 of Lot 1 of "Powers Place" a distance of 210 feet; thence emit to the intersection of the east line of Pasadena Avenue; thence north along said east right-of-wev line of Pasadena Avosave a distance of ap- prosimatcly 460 feet to the intersection of the north right -of -wad' line of Hill. crest Road; thence westerly along the north line of Hillcrest Road a distance 91111917 -a- ZONING KAT ►QWFRSS PROKNIY OUBUOM, IOWA a1 V e(eaaer M M.C[1 N .•ID t rA.MII Sees Y i. "lL(lela D[LD[K.I IeWI f 1 ► L[[l .0 A•ti .. I T aLLIYLMLL r MM Iw lYtHa IOa I Iruol 'I', !'•fvulyrunuwtsavtst"` tl LI.Kt µT t .w ..... .• 1}i ° I .Iva-Nw nw "a 106 Special Session, February 18, 1974 of 2S feet to the intersection of the northerly extension of the center line of Pasadena Avenue; thence north along said northerly extension of the center line of Pasadena Avenue a distance of 725 feet to the intersection of the east- erly extension of the centerline of Foot- hill Road; thence west a distance of 18s feet along said easterly extension of the center line of Foothill Road to the intersection of the southerly extension of the west line of Loc I of Lot 1 of "Stecher Place"; thence northerly a distance of 655 feet along the southerly extension of the west line of Lot I of Lot I of "Stecher Place" to the south- west corner of said Lot 1 of Lot 1 of "Stecher Place," which is the point of beginning; all as shown on the zon- ing plat of Lot 1 of Lot I of Lot 1 of "Powers Place" in the City of Dubuque, Iowa, hereto attached and marked Ex- hibit "A". SECTION 7. That the Building Com- missioner of the City of Dubuque, Iowa is hereby ordered and directed to 2mcnd the official Zoning Map, referred to in Ordinance No. 3-34, to incorporate the zoning district changes set forth herein and on the zoning plat hereto attached and marked Exhibit "A". SECTION 8. That the "Multiple Resi- dence -Planned Unit Development District" zoning reclassification above described is made for the purposes of establishing on such real estate a Planned Unit Develop- ment, for which a plan shall be made pur- suant to the provisions of Section 6 of Article IV of Ordinance No. 3-34. SECTION 9. That the Building Com- missioner of the City of Dubuque, Iowa is hereby ordered and directed that such building permits and certificates of oc- ccpancy for parcels classified "Multiple Residence -Planned Unit Development Dis- trict" shall be limited only to such uses, structures and other installations as shall conform to an approved Planned Unit Development plan. SECTION 10. That the foregoing Amendments have heretofor been approved by the Planning and Zoning Commission Of tilt City of Dubuque, Iowa. Passed, approved and adopted this 18th day of February, 1974. Allen T. Thorns Mayor C. Robert Justmann Emil Stackis James E. Brady ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of Febru- ary 1974. Leo F. Frommclt ]t. 2-21 City Clerk Councilman Justmann moved final adoption of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays—None. Abstained—Councilman Lundh. February 8, 1974 Honorable Mayor and City Council On the 12th day of October, 1970, William P. Woodward and Beverly B. Woodward, as plain- tiffs, commenced an action against the City of Dubuque and William J. Klauer and Carol R. Klauer and all unknown claimants, wherein the plaintiffs claim that they are the absolute owners in fee simple of the following described real es- tate: Prospect Street as vacated be- tween Lot 32 and Lots 38, 39, 40 and 41 in "Coriell's Du- buque" (also known as Cor- iell's Addition to the City of Dubuque, Iowa) in the City of Dubuque, Iowa and that part of vacated Prospect Street has been platted and shall hereafter be described and known as Lot 32 A "Coriell's Dubuque" in the City of Dubuque, Iowa and Lot 40 A "Coriell's Dubuque" in the City of Dubuque, Iowa which plat was dated June 3, 1970 and prepared by Bartels, McMahan, LeMay, Haas & Baule, Engineer- ing Company and was approved and adopted by the City Council of Dubuque, Iowa by Resolution No. 24-70 filed on August 11, 1970 in Book 24, page 577 of Dubuque County Records and this litigation essentially involved a dispute be- tween William Woodward and Bev- erly B. Woodward, as plaintiffs, and William J. Klauer and Carol R. Klauer, as defendants, and this matter has been settled in agree- ment between the parties and said settlement terms reduced to writ- ing. The parties each agree to pay the City of Dubuque, Iowa for their portion of vacated Prospect Street the sum of One 'Thousand ($1,000.00) Dollars each to be paid by the petitioners. Accordingly, this matter should be considered settled and I have commenced the preparation of Special Session, February 18, 1974 107 proper proceedings to implement the finalization ectfl y transaction. Rsubmitted, R. N. Russo City Attorney Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Ss. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays—None. ORDINANCE NO. 74 AN ORDINANCE Vacating a portion of Prospect Street being that portion of Vacated Prospect Street between Lot 32 and Lots 38, 39, 4o and 41 in Coriell's Du. buque, now platted and known as Lot 32 A and Lot 40 A in Coriell's Dubuque, in the City of Dubuque, Iowa, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that a public hearing be held on the Ordinance on March 18, 1974, at 7:30 o'clock P.M. in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Alpha Phi Omega National Service Fraternity of Loras College requesting permis- sion to sponsor annual Shamrocks for Dystrophy Drive on March 16, 1974, presented and read. Mayor Thoms moved that the request be approved and referred to the Man. ager for implementation. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Henry Gerdis Jr, re- questing a refund on the unex- pired portion of cigarette license No. 193, as he has discontinued business on February 5, 1974, pre- sented and read. Mayor Thoms moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Attorney Dave Clem- ens, for CW Enterprises, forward from last meeting, requesting re- consideration of a revocable per- mit for property in DeLuxe Cot- tage Court that carries a price of $750 as set by the former Coun- cil, which seems to be exorbitant, presented and read. Attorney Clemens presented an appraisal on the property of $100. Mayor Thoms moved that the amount of the permit be reduced to $400 and referred to the City Attorney for proper proceedings. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—Councilman Stackis. RESOLUTION NO. 61-74 WHEREAS, the City of Dubuque has secured an Easement Agree- ment from Illinois Central Gulf Railroad Company in connection with the installation of the South Dubuque Interceptor Sanitary Sewer; and WHEREAS, said Easement Agreement should be approved and delivery thereof be accepted; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Easement Agreement by and between Illinois Central Gulf Railroad Company and the City of Dubuque, Iowa, 108 Special Session, February 18, 1974 dated February 7, 1974, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be. and they are here- by authorized and directed to exe- cute said Easement Agreement for and on behalf of the City of Dubuque, Iowa, and that delivery of the Grant of Easement is here- with accepted. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Grant of Easement to be recorded in the office of the Dubuque County Re- corder. Passed, approved and adopted this 18th day of February, 1974. Allan T. Thorns Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of Receipt of Proposals for the construction of the East 4th Street Extension Sanitary Sewer, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 14, 1974 To the Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a.m., Thursday, February 14, 1974, for the East 4th Street Extension Sanitary Sewer from 6th Street easterly 1280 feet. The lowest bid was entered by Tschiggfrie Excavating of Dubu- que, Iowa. Their bid was 15.68°', below Engineer's estimate. I recommend that the contract for the improvement be awarded to the Tschiggfrie Excavating. Gilbert D. Chavenelle City Manager Mayor Thorns moved that the communication be. received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor 'Moms, Council- men Brady, Justmann, Lundh, Stackis. Nays -- None. (Awarding Contract) RESOLUTION NO. 62.74 WHEREAS, sealed proposals have been submitted by contractors for the EAST 4th STREET EXTEN- SION SANITARY SEWER pursuant to Resolution No. 21-74 and notice to bidders published in a newspa- per published in said City on Janu. ary 25, 1974 and February 1, 1974: and WHEREAS, said sealed proposals were opened and read on February 14, 1974, and it has been deter- mined that the bid of Tschiggfrie Excavating of Dubuque, Iowa in the amount of $13,590.00 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating, Du- buque, Iowa and the Manager be and he is hereby directed to exe- cute 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 con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this l8th day of February, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Special Session, February 18, 1974 109 Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, ,lustmann, Lundh, Stackis. Nays -- None. RESOLUTION NO. 63.74 APPROVAL OFFICIAL REPORT OF MUNICIPALITY FOR MU- NICIPAL STREETS AND PARK- ING FOR 1973. WHEREAS, an official report of Municipality for Muncipal Streets and Parking for the City of Du- buque from January 1. 1973 to December 31, 1973, has been duly prepared in accordance with Chap- ter 312.14 Road Use Tax Fund, Code of Iowa 1973, and submitted to this Council for approval, and WHEREAS, this Council has ex- amined the Official Report of Mu- nicipality for Municipal Streets and Parking from January 1, 1973 to December 31, 1973 wherein re- ceipts and expenditures are shown for 1973, along with a street bond listing supplement. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Official Re- port of Municipality for Municipal Streets and Parking from January 1, 1973 to December 31, 1973 for the City of Dubuque, Dubuque, County, Iowa, be and the same is hereby approved. Passed, adopted and approved this 18 day of February 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Nays — None. RESOLUTION NO. 64.74 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 grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT J. F. K. Foods, Inc., dba Pizza Hut of Dubuque also Sunday Sales. 2075 J. F. K. Drive Dennis Albert Althaus, dba The Family Beer Store, 1575 Central Ave. Passed, adopted and approved this 18th day of February 1974. Allan T. Thoms Mayor .lames E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmanu Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, .lustmann, Lundh. Stackis. Nays — None. RESOLUTION NO. 65.74 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 occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City 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. F. K. Foods, Inc., dba Pizza Hut of Dubuque also Sunday Sales, 2075 J. F. K. Drive Dennis Albert Althaus, dba The Family Beer Store, 1575 Central Ave. 110 Special Session, Febnim 18, 1974 passed, adopted and approved this 18th dayof Allane T. Thoms bruary 4 Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Councilman Brady requested that the City Solicitor be instructed to review the present Zoning Ordi- nance with the intent of revising that sector of the Ordinance relat- ing to Clubs, Lodges and Philan- trophic groups with the intent of revising the Ordinance to limit the useage of items not otherwise spec- ifically set out in the Ordinance. Mayor Thoms moved that the re- quest be referred to the Planning & Zoning Commission. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men, Brady, Justmann, Lundh. Stackis. Nays — None. There being no further business Councilman Justmann moved to adjourn. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays — None. Leo F. Frommelt City Clerk Approved June 17, 1974 Adopted June 17, 1974 Special Session, Febniary 25, 1974 111 CITY COUNCIL OFFICIAL Special Session, February 25, 1974. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Thoms, Council- men Brady- Justmann, Lundh, Stackis, City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had been made and this meeting is call- ed for the purpose of ACCEPTING A PRESENTATION OF VARIOUS LAND FILL SITES, and acting up- on such other business as mai properly come before a regular meeting of the Council. Communication of Mrs. Merle Pfeiler complimenting the Council on their decision relative to Ecu- menical Housing, "Duhuque has a heart" presented and read. Mayor Thoms moved that the communica tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of W. J. Lux complimenting the Council and Transit Board for their forthright approach to the problem of bus transportation, presented and read. Mayor Thoms moved that the com- munication be received and filed and a copy be sent to Mr. Bill Kohler, manager of the bus sys- tem. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Planning & Zoning Commission submitting minutes of their meeting of Janu- ary 23, 1974, presented for the record. Seconded by Councilman Brady. Carried by the following vote - Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Printed Council proceedings for the month of December 1973, pre- sented for approval. Mayor Thoms moved that the proceedings be ap- proved as printed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Area Council of Governments submitting actions taken at their meeting of Febru- ary 20, 1974, endorsing the efforts that the City has made toward solving the solid waste disposal problems for the entire County, also that the Area Council of Gov- ernments encourage joint partici- pation in further efforts toward in- stituting solid waste management and other ventures and further that Dubuque be encouraged to join the Area Council of Govern- ments, presented and read. Coun- cilman Justmann moved that the City accept the invitation and join the Area Council of Governments qubject to approval of the City Solicitor after review of the By - Laws and Organizational structure. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Mrs. Ray Pfeiler objecting to the County Home area land fill site, presented and read. Mayor Thoms moved that the communication be received and filed and referred to the Engineer- ing Department. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of City Engineer White submitting a preliminary Engineering report on Solid Waste. Disposal Facilities for the City, pre- pared by Henningson, Durham & Richardson, in accordance with the executed agreement dated Septem- ber 1, 1971, presented and read. Councilman Stackis moved that the report be received Councilm n Sconded by Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays None. Councilman Justmann moved that the rules be suspended in or- 112 Special Session, February 25, 1974 der to let anyone present address the Council if they so desire. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas -- Mayor Thoms Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Consultants Bill Kasak of Cullen, Kilby Carolan & Associates pre- sented a map showing fourteen dif. ferent sites for possible land fill consideration. Mr. Harvey Funk of H. D. do R, submitted slide presen- tations to the assembly showing various methods of waste disposal. The County farm land fill site seemed to be the best of all pos- sible sites for the City. The site proposed at the County Farm is the shortest haul distance from the City of three locations selected for final consideration. The cost of the County landfill site would be $M8t3,180 per year. The State De- partment of Environmental Qual- ity has given tentative approval of the site. The Waller Farm and a site near the Airport was also con- sidered but both have been reject- ed for various reasons. Attorney Dave Clemens, repre- senting a Dubuque County Farm Group, called the Dump the Dump Committee, spoke against the pro- posed County farm landfill site because it would be placed in the middle of the growth pattern of the City. It would also adversely affect the million dollar inves!- ment in the County Fairgrounds. Mayor Thoms moved that the rules be reimposed. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, council. men Brady, Justmann, Lundh, Stackis, Nays — None. Councilman Brady moved that the City of Dubuque invite the County Board of Supervisors and the communities in Dubuque Coun. ty (ACOG) to join with the City of Dubuque in investigating and finandng a solid waste manage. ment program and that the City of Dubuque ask these governments to form a joint committee to investi- gate shredding, PYroiasis, and fuel conversion on a county -wide ahar- ed cost basis. Seconded by Council. man Justmann. Carried by the fol. lowing vote: Yeas — Mayor Thoms, Council men Brady, Justmann, Lundh, Stackis. Nays — None. Low Rent Housing submitting minutes of their meeting of Feb- ruary 19th, presented for the rec- ord. Mayor Thoms moved that the minutes be received and filed. Sec. onded by Councilman Stackis. Car. ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays -- None. Communication of the Five Flags Center Fund Executive Committee requesting an opportunity to make a presentation of the progress of the Five Flags Center project, pre- sented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded in - Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays — None. Mr. Wayne Norman, Bob Dyer and Ed. Sheppley spoke of the progress being made and what is contemplated for the immediate future for the Five Flags Civic Center. Bids for the exterior res- toration will be opened next Thurs- dav, with the work to be started sometime in April. 3750.010 has been collected up to this time and an additional fund raising cam- paign will be started soon to bring the total up to one million dollars. Mr. Wayne Norman presented the Council with the Five Flags Cen- ter Report consisting of Architect's Estimate, (three options), Resourc- es and Time Schedules. Councilman Stackis moved that the report be received and filed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Luadh, Stackis. Nays — None. Special Session, February 25, 11,974 113 Communication of The Iowa De- velopment o-velopment Agriculture Division re- questing the Mayor to act as farm- er for the day on March 25, 1974 and be the guest of Dubuque Coun- ty pork producer President, Marv- in Recker presented and read. Councilman Stackis moved that the communication be referred to the s. Carried byes by Mayor fol owing Thaws. vote: yeas _-.. Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of State Depart- ment of Public Instruction invit- ing the City to offer a program for children through the Special Food Service program to provide needy children with a nutritious meal during the summer months, but it mustt have a sponsor, presented and read. Mayor Thorns moved that the communication be referred to the City Manager for investigation and report. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. February 15, 1974 Honorable Mayor and City Council I herewith submit the reports of Health Department, Water Depart- ment and a list of claims paid for the month of January 1974. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the reports be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. February 20, 1974 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of lows, the Civil Service Commission conducted Promotion- al examinations for Ambulance Driver/ Attendant for the Fire De- partment on February 19, 1974. The following members of the Fire Department passed the writ- ten examination with an average of 70% or better and all promo- tions in this category should be made from this list. Maroney, Daryl L ...................95.6 Sullivan, Daniel J . ................95.6 Barry, Patrick A .....................92.4% Basten, Francis G . ................924% Schaefer, Richard C . ............87.0% Vera, Rudolph A . ................70.06% G. B. Noonan Chairman Marvin A. VanSiWe Louis F. Faut_sch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 21st day of February 1974. Violet Savary Notary public Councilman Justmann moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Stackis. Carried by the forlowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. :Nays—None. February 20, 1974 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Heating. Ventilating, Air -Conditioning and Refrigeration Inspectors, on Feb- ruary 19, 1974. 'Che test was given to two appli- cants none of whom received a passing grade of 70%1. G. B. Noonan Chairman Marvin A. VanSickle Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 21st day of February 1974. Violet Savary Notary Public Councilman Justmann moved that the communication be re- ceived and made n matter of rec- ord. Seconded by Councilman Stackis. Carried by the following vote: 114 Special Scission, February 25, 1974 Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. February 22, 7974 Honorable Mayor of Dubuque uncilmen The City Planning and Zoning Commission has re- viewed the petition of Gleason Me- morials to vacate a parcel of City owned property abutting Lots 6 through 9, inclusive of Linehan Park Addtiion, in the City of Du- buque, Iowa. The Commission has determined that this parcel is not needed for any present or future' public purpose and has recommended that it be vacated pursuant to the petition. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the recommendation be re- ferred to the City Manager. Sec- onded by Councilman Stackis. Car ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. progress report of Operation New View dated February 7, 1974, presented and read. Councilman Justmann moved that the report be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of Floyd D. Ber- endes, in the amount of $470.62, for expense incurred as the result of a sewer back-up at 2410 Shiras Ave. on January 8, 1974, presented and read. Councilman Brady moved that the claim be referred to the City Solicitor for investiga- tion and report, Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. February 20, 1974 Honorable Mayor and Councilmen The Dubuque Planning and Zon• ing Commission has held a public hearing on the petition of Mr. James Gruber to include a portion of his property on Dorgan Place in subsection (i) of Article IV, See. tion 2 of the Zoning Ordinance. This property is legally described as Lot 1 of Lot 1A of Dennis Dor. gan Subdivision in the City of Dubuque, Iowa. The proposed or. dinance amendment would permit the property to be used for off- street parking within a Multiple Residence zoning district. Notification of the proposed change was sent by certified mail to 12 owners of nearby property. There was no oral or written ob. jection to the proposal. The Commission has determined that the use of this property for off-street parking is appropriate. It is the recommendation of the Planning . and Zoning Commission that the petition be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 74 An Ordinance Amending Zoning Ordinance No. 3.34 known as the Zoning Map Ordinance of the City of Dubuque, Iowa, by amending Article IV Section 2, Subsection (i) thereof to include Lot I of the Sub. of Lot IA of Dennis Dorgan Subdivision to permit off-street parking, pro• sented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that the rule requiring an Ordi• nance to be read on three sepa- rate days be waived. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Special Session, February 25, 1974 115 Yeas — Mayor Thorns, (Lunch, uncil- men Brady, Stackis. Nays—None. Councilman Justmann moved that a public hearing be held on the Ordinance on March 18, 1974, at 7:30 o'clock P.M. in the Coun- cil 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 Mayor Thorns. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 15.74 An Ordinance authorizing Rich- ard Zahina to construct a chain link fence at 2513 Windsor Ave- nue, presented and road. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Stackis. Carried by the following vote.: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 15.74 AN ORDINANCE AUTHORIZING Richard Zahina TO CONSTRUCT a chain link fence at 2513 Windsor Ave. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THI' CITY OF DUBUQUE, IOWA: SECTION 1. That Richard Zahina as owners of the premises known as North 2S'-6" of Lot 27 in Stafford's Addn. in the City of Dubuque, Iowa be, and they are hereby granted the revocable permit and authority to construct and maintain A chain link fence 3' on City r -w on Henry Street under the terms and condi- tions set forth in this Ordinance. SECTION 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by City Manager, under the sup- t'rvision and direction of the City Manag- er, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Du- buque. SECTION 3. That the permission herein ,granted is expressly conditioned on per- mittces agreement to: a) Assume any and all liability for dam- ages to persons or property which may result from the existence, loca- tion, installation, construction or maintenance of said Chain link fence 3' on City r -w on Henry Street; b) To pay on behalf of the City of Du- buque all sums which the City of Du. buque shall become obligated to pay by reason of the liability imposed up. on the City of Dubuque for damages of any kind resulting from the lova. tion, installation, existence, construc- tion or maintenance of said chain link fence 3' on City r -w on Henry Street, sustained by any person or persons, caused by accident or other wise, to defend at its own expense and on behalf of said City of Du- buque arising out of the location, in- stallation, existence, construction or maintenance of chain link fence 3' on City r -w on Henry Street and to pay reasonable attorney fees therefore; c) To indemnify and hold City of Du- buque free and harmless from any and all claims, loss, liability and ex- pense for injuries to third persons or damages to property of third persons, or for damage to any property of City of Dubuque which may occur as a result of or in connection with the location, installation, construction. maintenance and repair of the facil- ity, work or improvement permitted herein. SECTION 4. That the permission here- in granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said chain link fence 3' on City r -w on Henri Street and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said chain link fence 3' of City r -w, atpscrrnittees expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the re- moval of said chain link fence 3' on City r -w. SECTION S. Permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittee hereby covenants and agree, not to assert such claim or defense against the City of Dubuque in the event of claim asserted for personal injuries and. or prop erty damage against the permittee arising out of or in any way connected with the 11G Special Session, February 25, 1974 locatitm, installation, construction, design, repair and maintenance of the facility herein permitted. SECTION 6. This Ordinance shall be- come effective and the rights hereunder accrue to Richard Zahina when this Ord- inance lists been adopted by the City Council and the terms and conditions thereof accepted by permittees by accept- ance endorsed on this Ordinance. Passed, approved and adopted this 25th day of February, 1977. Allan l'. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATIFEST: Leo F. Frommelt, City Clerk ACCEPTANCE OF ORDINANCE NO. 15-74 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 15-74 hereby, for themselves, their successors or assign$, ac- cept the same and agree to be bound by the conditions and agreement therein con- tained to be performed by permittees. Dated March 5, 1974 BY: (s) Richard John Zahina Property Owner Published officially in the Telegraph Herald Newspaper this Bth day of March 1974. Leo F. Frommelt City Clerk It. 7-e Councilman Justmann moved final adoption of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of The National. Foun- dation March of Dimes requesting Permission to grant the Northeast Iowa Chapter a parade permit for April 20, 1974, presented and read. Mayor Thoms moved approval of the request subject to implemen. tation by the City Manager. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Memorial Day Com. mittee requesting permission to conduct a parade on May 27th, Presented and read. Mayor Thoms moved approval of the request subject to implementation by the City Manager. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady. Justmann, Lundh, Stackis. Nays --None. Petition of Oxus Grotto request. ing permission to place cannisters in local business establishments, with consent of owners, receipts of which will be used for vic'ims of cerebral palsy and dentistry for the handicapped, presented and read. Mayor Thoms moved ap- proval of the request subject to implementation by the City Man. ager. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 66.74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Aquinas Institute School of Theol- ogy, 2570 Asbury Street Mississippi Valley Truck Center, 380 East 4th Street BE IT FURTHER, RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 251h day of February 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Special Session, February 25, 1974. 117 Justmann. Carried by the follow ing vote: yeas — Mayor Thoms, Council, men Brady, Justmann, Lundh, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved June 17, 1974 Adopted June 17, 1974 Regular Session, March 4, 1974 119 CITY COUNCIL OFFICIAL. Regular Session, March 4, 1474. No members of the Council be- ing present the meeting was ad- journed subject to call, Leo F. Frommelt City Clerk Approved August 5, 1974 Adopted August 5, 1974 120 Adjourned Regular Session, March 11, 1974 CITY COUNCIL OFFICIAL Adjourned Regular Session, March 11, 1974. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, City Manager Gilbert D. Chave- nel le. Absent—Councilman Stackis. Mayor Thoms read the call and stated that this is an ADJOURNED SESSION OF THE REGULAR SES- SION OF MARCH 4, 1974, called for the purpose of acting upon such business as may properly come before the meeting. Playground and Recreation Com- mission submitting minutes of their meeting of February 18th, presented and read. Mayor Thoms moved that the minutes be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Planning & Zoning Commission submitting minutes of their meet- ing of February 20th, presented and read. Mayor Thoms moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Communication of Governor Ray extending an invitation to the Gov. ernor's Conference on Juvenile Justice to be held April 1 and 2 in Des Moines, presented and read. Mayor Thoms moved that the communication be received and filed and after Councilman Brady expressed a desire to at- tend the Conference the motion was amended to receive Council. man Brady's report after his re- turn. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Communication of Governor Ray advising that the State Office for Planning & Programming will be conducting a series of twelve re. gional meetings in March to ex• plain the Iowa Community Better. ment program, presented and read. Mayor Thoms moved that the communication be referred to the Council. Seconded by Councilman Justmann. Carried by the follow. ing vote: Yeas — Mayor Thoms, Council. men Brady, Juscmann, Lundh. Nays—None. Absent—Councilman Stackis, February 21, 1974 Honorable Allan T. Thoms Mayor of Dubuque Re: Local Flood Protection Project Stage 1, Mississippi River, Dubuque, Iowa Dear Mayor Thoms: Thank you for the letter dated February 1, 1974 that I received from your City Engineer, John L. White, accepting the completed Stage I portion of referenced proj- ect. In accordance with existing reg- ulations, March 1, 1974 is hereby established as the official date of transfer. This letter, sent to you by certified mail, is your formal notice of transfer of the completed facility to the City of Dubuque for assumption of operation and main- tenance responsibilities as re- quired by the authorizing legisla- tion. Four copies of an "Operation and Maintenance Manual for Com- pleted Flood Protective Works, Dubuque, Iowa," have previously been furnished to your Mr. White. However, this manual is being up- dated to include the total project, and copies thereof will be fur- nished to you when completed. Also, you will be furnished copies of the Stage I contractor's ap• proved shop drawings as soon as all have been received, from the contractor. This completes the transfer of the final portion of the total flood protection project. I wish to ex press the Government's apprecia- tion for the excellent cooperation received from the City of Dubuque during the planning and construc- tion of this project. Sincerely yours, WALTER H. JOHNSON Colonel, Corps of Engineers District Engineer Adjourned Regular Session, March 11, 1974 121 Councilman Justmann moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman I,undh. Carried by the following vote: yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Communication of Youth Ser- vices submitting the application of Miss Sharon Love for appoint- ment to the Board of Directors as a Youth member, presented and read. Mayor Thoms moved that the communication be referred to the Council. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Communication of Dubuque Hu- man Rights Commission advising that Ms. Charlie Smith has been selected as a possible candidate for appointment to the Human Rights Commission. Mayor Thoms moved that the communication be referred to the Council. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. March 1, 1974 City Council An application for purchase of city land in Dubuque Municipal Industrial park has been received by this committee from Wm. C. Brown Publishing Co., located at 2460 Kerper Blvd., Dubuque, Iowa. This local firm purchased land in the park in 1970 and con- structed a new printing plant on the property. At that time they were interested in buying more land abutting on the east, but an easement then existed for the fu- ture right of way and construction of a rail spur into the north por- tion of the park. Plans for the rail spur have now been aban- doned due to a lack of need for rail service in the north portion, and this opens the way for a much needed expansion of the Brown Company. It is therefore the recommen- dation of this body that City Coun- cil take the following action. 1. That a parcel of land con- taining approximately four acres in Block 5, Riverfront Subdivision No. 3, City of Dubuque, Iowa be sold to the Wm. C. Brown Company. 2. That this parcel of land be sold to the above firm for 40 cents per square foot, amounting to approximately $69,696.00 (of which ten per cent is hereby included as a good faith binder), and the precise amount to be deter- mined by official plat and legal description. 3. That all buildings, yards, parking lots, fences and an- cillary improvements be con- structed in conformity with city codes, ordinances and zoning. 4. That this land being pur- chased be used for the ex- pansion purposes of the Wm. C. Brown Company, and if not used for this purpose, be offered for sale first to the City of Dubuque prior to offer for public or private sale. MAYOR'S INDUSTRIAL COMMITTEE Allan Thoms, Mayor Wm, McEllhiney, Dock Board Robert Dorothy, Industrial Bureau Mayor Thoms moved that the communication be referred for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Ludh. Nays—None. Absent—Councilman Stackis. March 5, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provis- ions of Chapter 365 of the 1973 Code of Iowa, as amended, the Civil Service Commission conduct- ed entrance examinations for the Police Department on September 26, 1973. The following named applicant passed both the written and phys• ical examinations and is hereby 122 Adjourned Regular Session, March 11, 1974 certified for appointment to the Police Department. Hanfelt, Carol A. 8110 Gerard 13. Noonan Chairman Marvin A. VanSickle Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 8th day of Marcie 1974. Z. D. Hantelinann Notary Public Mayor Thoms moved that the communication be received and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Communication of Northeastern Iowa Regional Library System inviting the Council to coffee on Saturday, March 16th at the Li- brary from 10 A.M. to 11:30 A.M. to discuss pending library legisla- tion, presented and read. Mayor Thoms moved that the communica- tion be received and filed and copies be sent to the Councilmen, Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent ---Councilman Stackis. Communication of Human Rights Commission submitting Dan White's Deport on minority prob- lems in Dubuque, covering "Du- buque's attitude toward slavery and the Civil War" — "Employ- ment report of the Dubuque Hu- man Rights Commission" — "Em- ployment Report Survey Dubuque Human Rights Commission" and "Housing Report Survey", present- ed for the record. Mayor Thoms moved that the reports be received and filed and the Human Rights Commission be requested to dis- cuss the reports with the Council at a date to be mutually arrived at. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays --None. Absent --.Councilman Stackis. March 6, 1974 Honorable Mayor and Members of the City Council I have approved the following policy and desire to have your approval of same for filing. General Liability Policy William Spiegel, Epworth, Iowa, Grinnell Mutual Insurance Co. Policy No. GL 13-020818 to March 9, 1975, Gilbert D. Chavenelle City Manager Mayor Thoms moved filing ap- proval subject to approval of the City Solicitor. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis, Proof of Publication, certified to by the Publisher, of Statement of receipts and Disbursements and list of claims for January 1974, presented and read. Mayor Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. March 7, 1974 Honorable Mayor and City Council I submit to you for your consid- eration a copy of a December 11th letter from Mr. Robert F. Tyson, Director of the Iowa State Office for Planning and Programming. The letter stipulates that the local governments should agree in writing that the area planning of- fice be located in the City of Dubuque, that there will be a full time director and that it should be understood that there is a pos- sibility that the director may be paid from local funds. I am also enclosing a copy of Resolution No. 405-73 by which the City Council accepted the Articles of Agreement for District VIII. On the basis of this agreement I request your authorization to write to Mr. Karl Biasi and accept for the City the three condiitons set out in Mr. Tyson's letter. Respectfully, Gilbert I). Chavenelle City Manager Councilman Justmann moved ap- proval of the request. Seconded Adjourned Regular Session, March 11, 1974 123 by Mayor Thorns. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. March 8, 1974 Honorable Mayor and Members of the City Council The City of Dubuque has been prehensive nt in PlannFederal ing Assistance Program since July Of 1972. the program, commonly called "701 Program" has enabled the City of Dubuque to improve its planning and management capa- bWties for better executive man- agement decisions. Specifically, the program has developed new in- house staff expertise, encouraged management planning on a con- tinuous basis and provided oppor- tunities to venture into new pro- gram areas. The first year, ending in June of 1973, provided a period of re- search by the human rights people on local patterns of discrimination in the traditional areas of housing, employment, etc. The first year also provided for a program plan- ner assigned to the City Manager's office to initiate the goal and ob- jective setting process at the department manager level to cap- ture and define the variety of tasks the city is engaged in to pro- vide city services. Some strength- ening of the city planner's office was also accomplished during the period. The second year of the program which will end in June of 1974 saw a continuation of the program planner's work to further define goals and objectives and to initiate some measurement of effective- ness criteria for activities under- taken by the city. The work of the human rights analyst was com- pleted last winter and the final report of his undertaking, we un- derstand, will shortly be provided members of the City Council. The second year also recognized the need to prepare for special rev- enue sharing for community de- velopment purposes. Consequently, a Community Development Special- ist was added to staff to work at the neighborhood level both for organization purposes and develops in concert with neighborhood res- idents and groups areas of vitality together with a plan of action to put together a wide variety of development objectives responsive to community development special revenue sharing. The work of this position as well as of the program planner is adding a valupble con- tribution to the progress of the city in meeting today's demands made of the city. Interestingly enough, negotia- tions for the 701 Program for the first two years were directly with the U. S. Department of Housing and Urban Development. The Fed- eral government has now turned over to the State of Iowa through the Office for Planning and Pro- gramming, complete administration of the 701 Program, thus ending our direct relationship with Fed- eral government in this area. The State has administratively delegat- ed this program to the regional and metropolitan agencies, and the City of Dubuque, as well as other Iowa cities of 50,000 or more in population, now must negotiate with these agencies. The safeguard built into this transfer of admin- istration assures the City of Du- buque will receive $19,600 for the fiscal year beginning July 1, 1974. We are now in process of develop* ing the areas in which Dubuque believes it to be in its best year to proceed into next year. For next year we believe it im- perative to continue with the work of the program planner to strength- en the city's executive manage- ment capability. Second, it is es- sential to continue to prepare at the neighborhood level the entry of the City of Dubuque into the neighorhood improvement program with the proposed special revenue sharing fund; however, we pro- pose that the cost of the prepara- tion, starting July 1, be borne by the city until special revenue funds are made available to the City. This is anticipated to occur prior to January 1, 1975. Finally, we believe it is imperative and ad. visable to introduce starting in July 1975, an information services program to develop "in" and "out" techniques of getting messages out to the public as well as to get the messages back to the executive and operational management levels of city government. There are a number of reasons for proceeding in this direction. 124 Adjourned Regular Session, March 11, 1974 1. The rapidity of change re- quires more effective com- munication. 2. Increased power and impor- tance of the sensitivity and sophistication of public opin- ion. 3. Increased interdependence of everyone. 4. Recapture of identity and community. 5. Rapid growing world of spe- cialized and technical knowl- edge. 6. Inability of the staff and the media to keep up with the need to disseminate a vast amount of data. We would anticipate that this service would foster a better un- derstanding in the total commu- nity among all groups of people— those to be served as well as those who are to make the decisions for the future of this community. The current year contribution f r o in the Federal government through the State, as mentioned before, is $19,600. This will be matched locally with approximate- ly $7,000 in cash and $2,800 in in-kind contributions. This would fund the Program Planner and the Information Services Coordinator. Both positions are described in the attachments. We would, at this time, request your approval to forward the at- tached papers to the Dubuque County Area Metropolitan Plan. ning Commission for inclusion in their application to the State of Iowa, It is not anticipated that a for- mal contract will be tendered to the city prior to May 15, 1974. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Thoms moved approval. Seconded by Councilman Lundh. Vote was as follows: Yeas — Mayor Thoms, Council. man Lundh. Nays --_Councilman Brady, Just - mann. Absent --Councilman Stackis. Councilman Brady moved to re- fer to the Advisory Commission and have same back on the table next week. Seconded by Council. man Justmann. Carried by the fol- lowing vote: Yeas—Councilmen Brady, Just - mann, Lundh. Nays—Mayor Thoms. Absent—Councilman Stackis. March 8, 1974 Honorable Mayor and City Council Attached is a resolution author. izing the city manager to proceed with final plans and specifications for the expansion of Water Treat. ment Plant and construction of the Waste Solid Removal and Ilan. dling Facilities. Attached also is a letter from J. J. Hail, Water Superintendent, in which he outlines the require• ment for the facilities and sched. ule for completion. You are hereby requested to ap. prove the resolution authorizing the city manager to proceed with plans and specifications for these facilities. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yens — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. RESOLUTION NO. 67.74 Resolution authorizing the exe• cution of a contract with Hen- ningson, Durham & Richardson, Inc. for Water Treatment Facil- ities NOW, THEREFORE, BE 1T R& SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Mayor and City Clerk be and they are hereby authorized to proceed with Henningson, Durham & Richard- son, Inc. of Omaha, Nebraska for Final Plans and Specifications for Water Treatment Facilities and Water Treatment, Solids Collec- tion and Disposal. Section 2. That the compensation for the work shall be paid under the terms of the: agreement by and between the City of Dubuque, Iowa and said engineering firm dated December 3, 1966 including a creel• it as shown on page 5, part V of paragraph B thereof until the full amount of $3o,000.o0 is refunded to the City of Dubuque, Iowa. Adjourned Regular Session, March 11, 1974 125 passed, approved and adopted this 11th day of March, 1974. Allan T. Thorns Mayor Alvin E. Lundh C. Robert Justmann James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution as amended. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. March 8, 1974 Honorable Mayor I submit to you an application to the Iowa Crime Commission for funds to operate a Police School Liaison Program . The budget of the program is $411,279.80. It involves acash pay- ment by the city of $6,569.87 and an in-kind payment of $4,015.48 which represents a portion of the salary of a presently employed police officer. The program pro- vides for the employment of a liaison police officer to work with the Hempstead and Senior High Schools. It also involves the re- ferral of young people through the Police Department to the Youth Services organization and is costed in the application budget at $24,- 000.00. It is planned that a con- tract will be made between the police department and the Youth Services organization and that the services will be paid for on a work - performed basis. I strongly recommend this pro- gram to you and would ask your favorable consideration of resolu- tions authorizing the payment of the cash and in-kind amounts and a resolution authorizing the N.E. Iowa Area Crime Commission to act on behalf of the city. Gilbert D. Chavenelle City Manager Mayor 'Moms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Lundh, Nays—None. Absent—Councilman Stackis. RESOLUTION NO. 68.74 BE IT RESOLVED that the City of Dubuque hereby authorizes the Northeast Iowa Area Crime Com- mission to act in its behalf in the receipt, deposit and dispersal of Federal Funds received from the Iowa Crime Commission for the purpose of carrying on the pre- scribed activity as outlined in the Program Application. The Northeast Iowa Area Crime Commission shall use said Federal Funds received exclusively for this program and for no other purpose, and this unit of government shall provide complete documentation of all expenditures made by this unit of government to the Northeast Iowa Area Crime Commission as required. In lieu of such doe-imentation or for other violations of Federal and State ruled and regulations, it is understood that all funds re- maining in the possession of the Northeast Iowa Area Crime Com- mission may, upon approval of the Commission, be returned to the Iowa Crime Commission. Signed this 11th day of March, 1974. Allan T. Thorns Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent. --Councilman Stackis. MATCHING RESOLUTION NO. 69-74 Whereas, the City of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 1974 cash funds for the following Iowa Crime Cpmmi£SIOn projects: Brief Description of Project 1. Liaison Officer/ Coordinator & Contract Services Amount of Funds Being Provided Approximately 13.6% of total 126 Adjourned Regular Session, March 11, 1974 project budget, not to exceed $6,569.87 We further resolve that we will provide in-kind match during the calendar year of 1974 for the fol- lowing projects: Brief Description of Project 1. Prevention: Liaison Officer/ Coordinator & Contract. Services Type of In-kind— (Salary, Space, etc.) Youth Bureau Commander Salary of 516,061.90 r' 25% Valuation of In-kind Provided $4,015.48 Passed this 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Lundh. Carried by the fol. lowing vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis Communication of Citizens Trans. portation Committee, by R. G. Ver. non, commenting on the proposed widening of 10th Street from Lo. cust to Bluff, which seems to be inadvisable, presented and read. Mayor Thoms moved that the com. munication be received and filed and referred to the Engineering Department. Seconded by Council. man Lundh. Carried by the fol. lowing vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None, Absent—Councilman Stackis. Communication of City Engineer White submitting the 1974 Street program for review, presented and read. Mayor Thoms moved that the communication be received and filed and referred to the Council for an informal meeting to be held on March 26th. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh Nays—None, Absent—Councilman Stackis. Notice of Expiration of right of redemption on the S?,z of Lot 162 in East Dubuque Addn. to expire within 90 days, property sold for delinquent taxes from 1945 to 1969. Presented and read. Mayor Thoms moved that the notice be referred to the City Attorney for investiga. tion and report. Seconded by Coun- cilman Lundh. Carried by the fol. lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. March 5, 1974 Honorable Mayor and City Council On February 1 1974, Cynthia A. Kahle of 10771,s Mt. Loretta filed claim against the City of Dubuque in the estimated amounts of $117.26 and $106.15, and alleg. ing damages to her motor vehicle occurring on January 11, 1974, as a result of striking a hole in the street on West 32nd Street at a point near Fink Street. This matter was referred to the City Attorney who has made an investigation thereof and has checked with the Street Depart- ment, and claimant has offered to settle said claim in the amount of $106.00. In view, of the forego- ing, 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 Cynthia A. Kahle and Richard Kahle in the amount of $106.00, and to trans. mit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here. with. R. N. Russo City Attorney Mayor Thoms moved approval of the recommendation. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, ,Justmann, Lundh. Nays—None. Absent—Councilman Stackis. February 25, 1974 Honorable Mayor City Council On January 15, 1974, Cottingham & Butler, Inc. Insurance filed no- tice of claim against the City on behalf of Kopple's Inc, claiming that the vehicle of their insured Adjourned ilelrular Session, March ll, 1974 187 was struck on January 11, 1974, by a City owned motor vehicle then and there operated by a City employee. ibis matter was referred to the appropriate City agency for inves- tigation and this office has been advised by them that said claim has been amicably disposed of. Accordingly it is the recommen- dation of the City Attorney that this claim be denied. Original no. tice of claim returned t ruedRussherewith. City Attorney Mayor Thoms moved approval of the recommendation. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady. Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Notice of Petition for Injunction from taking any action incidental to the implementation of gift to Ecumenical Housing Inc. in the amount of $100,000, presented and read. Mayor Thoms moved that the notice be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Notice of a personal injury claim of Mrs. Mary Jane Kelly, in an undetermined amount, as the re- sult of a fall at a bus stop at 4th and Main on January 28, 1974, presented and read. Mayor Thoms moved that the notice of claim be referred to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Notice of personal injury claire of John L. Carr, in the amount of $5000 as the result of a fall or an icy sidewalk at 1398 Jacksor St. on February 11, 1974, pre seated and read. Mayor Thom; moved that the notice of claim M referred to the City Attorney ft investigation and report. Second ed by Councilman Lundh. Carries by the following vote: Yeas — Mayor Thoms, Council men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Notice of expense claim of Chris. ine Wilson in the amount of ;8.00 or wrecker charges incurred as he result of her car sinking into he paving along the curb at 1447 lillcrest on March 8, 1974, pre- oented and read. Mayor Thoms noved that the notice of claim re referred to the City Attorney 'or investigation and report. Sec- rnded by Councilman Lundh. Car- .ied by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent ---Councilman Stackis. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend Zoning Ordi- nance No. 3.34, known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by changing from Single Family Resi- dence District classification to Multiple Residence District Classi- fication all of Old Timers Athletic & Supper Club Place except the Nly 180' thereof, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundb. Nays—None. Absent --Councilman Stackis. Petition of Carolyn Conry et al, 30 signatures, objecting to the re- zoning of the Old Timers Athletic & Supper Club Place, for various reasons, presented and read. Ma- yor Thoma moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. AN ORDINANCE Amending and Changing Ordinance No. 3.34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from Single Family Resi- dence District Classification to Multiple Residence District Classi- fication, said Ordinance having been previously presented and read at the Council meeting of 128 Adjourned Regular Session, March 11, 1974 February 4, 1974, presented for final adoption. Councilman Justmann moved that adoption of the Ordinance be denied. Seconded by Councilman Brady. Vote on the motion was as follows: Yeas — Councilmen Brady, Just - mann. Nays—Mayor Thoms, Council- man Lundh. Absent—Councilman Stackis. Mayor Thoms moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. Attorney Leo McCarthy ad- dressed the Council in behalf of Art Pins, by requesting that the hearing be set over to another date. Mr. Carl Lemmer and Caro. lyn Conry both objected to the proposed rezoning. Mayor Thoms moved that the rezoning matter be referred to Planning & Zoning and set for a rehearing. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. COUNCIL RECESSED AT 10:35 P.M. RECONVENED AT 10:45 P.M. AN ORDINANCE Vacating a dedicated walkway located be- tween Lot 1 of 7 and Lot 2 of 6 of the Dubuque Homes Subdivi- sion No. 2 in the City of Dubuque, Iowa, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms, Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Councilman Justmann moved that a public hearing be held on the Ordinance on April 15, 1974 at 7:30 o'clock P.M. in the Coun• cil 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 Mayor Thonis. Car. ried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis, March 7, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Thomas Manternach and Sons for Local Business "B" District classification on a portion of their property known as Terrace Heights Subdivision, in the City of Du- buque, Iowa. This property is pres- ently in the Multiple Residence District, and is described accord- ing to the attached reclassification Ordinance and zoning plat. The Planning and Zoning Com- mission has determined that the area described on the attached Or- dinance is an appropriate location for commercial development in the Peru Road-Stonehill area. It was also determined that the com- mercial use of the property would serve the needs of a growing resi- dential population in the vicinity and would not generate traffic movements which were unantici- pated in our Transportation Plan. It is the recommendation of the Planning and Zoning Commission that the petition be approved ac- cording to the terms and specifi- cations of the attached reclassifi- cation Ordinance. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas — Mayor 'Thoms, Council- men Brady, Justmann, Lundh. Nays—None, Absent—Councilman Stackis. Adjourned Regular Session, March 11, 1974 129 AN ORDINANCE Amending and Changing Ordinance No. 3-34. known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from Multiple Residence District Classification to Local Business B District Classification, (Manternach-Peru Road property), presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh- Nays—None. Absent—Councilman Stackis. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms. Carried by the follow- ing ollowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Councilman Justmann moved that a public hearing be held on the Ordinance on April 15, 1974 at 7:30 o'clock P.M. in the Coun- cil 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 Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. ORDINANCE NO. 16-74 Placing the Reed Property un- der control and management of the Park Board and be here- after named as "The E. B. Lyons Forest Preserve and Nature Cen- ter" presented and read. Councilman Brady moved that the reading just had be consid- ered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Councilman Brady moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. ORDINANCE NO 1674 WHEREAS, the City of Dubuque. Iowa, has acquired the following described real estate: Lou 2 and 3 of the Northeast 3/4 of the Southeast 3/4 of Section 1, Town- ship 88 North, Range 2 East of Sth P.M.; Lots 2 and 3 of the Northwest Quarter of the Southwest 5/4, Lots 2 and 3 of the Northeast 1/4 of the Southwest 1/4, and Lot 2 of Lot 1 of the Southwest 1/4 of the Southwest 1/4, of Section 6, Township 88 North, Range 3 East of the 5th P.M. in Du- buque County, Iowa, according to the respective recorded Plats thereof; and WHEREAS, said real estate was ac- quired, and paid for in part by the E. B. Lyons Trust for park purposes; and WHEREAS, said real estate should be under the control and jurisdiction of the Park Board of the City of Dubuque, Iowa; and WHEREAS, said park property should be named as "The E. B. Lyons Forest Pre- serve and Nature Center"; NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; SECTION 5. That the real estate here- inabove described be and the same is here- by placed under the control of the inris- diction and management of the Park Board of the City of Dubuque, Iowa. SECTION 2. That said real estate here- inabove described be and the same shall hereafter be known and called and named as "The E. B. Lyons Forest Preserve and Nature Center" and accordingly said real estate is so permanently named. SECTION 3. That the City Clerk be and he is hereby authorized and directed to send a certified copy of this Ordinance to the Park Board of the City of Du- buque, Iowa and a certified copy to the First National Bank of Dubuque, Iowa, Trustee under the Trust of E. B. Lyons Estate. Passed, approved and adopted this 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady City Councilmen ATTEST: Leo F. Frommelt City Clerk Adjourned Regular Session, March 11, 1974 Published officially in the Telegragh Herald Newspaper this lsth day of March, 1974. Leo F. Frommelt City Clerk It. 3-15. Councilman Brady moved final adoption of the Ordinance. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. Petition of Dean Fransen re- questing to be heard at this meet- ing relative to the installation of stop lights at Hempstead High School, presented and read. Mr. Dean Fransen and Joe Mul- grew, students at Hempstead, ad- dressed the Council relative to the situation at Hempstead. Councilman Justmann moved that the petition be received and filed and referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Petition of Kennedy Construc- tion Co, requesting rezoning of Lot 1 of 1 of 1 of 1 in Olds Place and Lot 1 of 1 of 1 of 1 of 1 of M. L. 343, located south of Kane Street and east of Grandview from Single Family to Multiple Residence Dis- trict Classification, presented and read. Councilman Justmann moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Nays—None. Absent—Councilman Stackis. Petition of Director of Recrea- tion, Richard Slattery, requesting permission to address the Council to explain step four, evaluation and feedback, in Operation Move, presented and read. Mayor Thoms moved that the petition be re- ferred to the Council. Seconded by Councilman Justmann. Carried by the following vote: Was — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None, Absent—Councilman Stackis. Petition of Terry Mealy request- ing a refund of $25 on the unex. pired portion of cigarette license No. 194, as he has discontinued business on 1-15-74, presented and read. Mayor Thoms moved that the refund be granted and the Au. ditor instructed to issue proper warrant. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. Petition of James N. Majerus re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 119, as he has discon- tinued business on 2-27-74, pre- sented and read. Mayor Thoms moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of Neces- sity for public improvements and hearing on proposed plans for con- struction of Century Drive an6 Bies Drive Sanitary sewer. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent -Councilman Stackis. Statement of City Clerk certify- ing that notices were mailed by certified mail on February 15, 1974 to property owners of record subject to pay for cost of con- struction of Century Drive & Bies Drive sanitary sewer, presented and read. Mayor Thoms moved that the statement be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent -.Councilman Stackis. Adjourned Regular Session, March 11, 1974 131 March 7, 1974 To the Honorable Mayor and City Council Re: Century Drive—Biel Drive Sanitary Sewer The proposed project to con- struct a new sanitary sewer in the area of Century Drive and Bies Drive was submitted to Council on February 11, 1974 and a Public Hearing on the project set for March 11, 1974. The program is to be completed on a special as- sessment basis under Section 391 of the Iowa Code. During the interim period we have become aware of certain le- gal — technical problems which could possibly jeopardize the levy- ing of the final assessments on the project. We respectfully request the project be returned to our depart- ment at this time for further re- view. After completion of this re- view, the program will be resub. mitted to Council and a new Pub. lic Hearing date established with- in the next sixty days. John L. White, P.E. City Engineer Councilman Justmann moved approval of the request. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lun4h. Nays—None. Absent—Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to dis- pose of Lot 2 of the Sub. of Lot 2 of 2 of 2 of 1 of Block 5 and Lot 2 of Lot A of 2 of 2 of 1 of Block 5 in River Front Sub. No. 3 to American Optical Corpo- ration, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the Proof of publication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent -Councilman Stackis. RESOLUTION NO. 70.74 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on Feb- ruary 15, 1974 and February 22, 1974, City Council of City of Du- buque, Iowa met on the 11th day of March, 1974, at 7:30 o'clock P.M. (Central Daylight Savings 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 American Optical Corporation; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of in- terest of City of Dubuque, Iowa in the hereinafter described real estate to American Optical Cor- poration: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the disposal of interest of City of Dubuque, Iowa in the following described real es- tate, to -wit: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No. 3" and Lot 2 of Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No. 3" all in the City of Dubuque, Iowa to American Optical Corporation for the purchase price of Ten Thousand Eight Hundred Ninety ($10,890.00) Dollars be and the same is hereby approved, subject to the following terms and condi- tions: 1. That the said real estate be sold to American Optical Cor- poration for the construction and erection thereon of a new building containing at least 1000 square feet - 2. That the sale price for said real estate shall be Ten Thou- sand Eight Hundred Ninety ($10,890.00) Dollars and the receipt of ten (10%) percent of which as down payment is herewith acknowledged by the City. 3. That construction of said building shall be commenced i within one (1) year of adop. tion and the passage of this Adjourned Regular Session, March 11, 1974 132 Resolution and shall be com- ' Absent—Councilman Stackis. pleted within two (2) year., deed and upon March 7, 1974 Honorable Mayor and of delivery of failure so to do of failure to City Councilmen make improvements to the The City of Dubuque Planning land within one (1) year by and Zoning Commission has re - the American Optical Cor- viewed the final plat of "A. H. poration, purchaser, then said Oeth Subdivision #4" in the City real estate shall automatical- of Dubuque, Iowa. ly revert to the City of Du- The Commission has determined buque, Iowa and purchase thatthe plat is in conformance price, less damages, shall be with the approved preliminary plat refunded to the purchaser. of the area and meets the min. 4. That the construction of all imum standards of the 'Zoning and buildings, yards, parking lots, Subdivision Ordinances. It is the fences and ancillary improve- recommendation of the Planning ments shall be constructed in and Zoning Commission that the conformance with existing plat be approved. City codes, and manufactur- CITY PLANNING AND ing process carried out in ZONING COMMISSION accord with City ordinances. Daniel Dittemore 5. That the City of Dubuque, Development Planner Iowa retains a perpetual ease- Councilman Justmann moved ment for existing waterlines, that the communication be re - existing sanitary sewer and ceived and filed. Seconded by May - storm sewer lines and for or Thorns. Carried by the follow - utilities, together with right ing vote: of ingress and egress to re- Yeas — Mayor Thorns, Council. pair, inspect and maintain men Brady, Justmann, Lundh. the same. Nays—None. 6. That all utilities and services Absent—Councilman Stackis. to proposed buildings shall RESOLUTION NO. 71.74 be connected at buyer's ex- Resolution approving the plat of pense. "A. H. Oeth Subdivision No. 4" Section 2. That the City Clerk in the City of Dubuque, Iowa be and he is hereby authorized WHEREAS, there has been filed and directed to deliver deed of with the City Clerk a plat of the conveyance conveying the above Subdivision to be known as "A. li. described real estate to American Oeth Subdivision No. 4" in the Optical corporation upon receipt City of Dubuque, Iowa, by Arthur of the purchase price of $10,890.00. I1. Oeth and Robert J. Kehl; and Section 3. That the City Clerk WHEREAS, upon said plat ap- be and he is hereby authorized pear streets to be known as Kehl and directed to record a certified Court, together with certain pub - copy of this Resolution in the of- lic utility easements which the fice of the Dubuque County Re- Owners by said plat have dedicated corder, to the public forever; and Passed, approved and adopted WHEREAS, said plat has been this lith day of March, 1974. examined by the City Planning Allan T. Thorns and Zoning Commission and had Mayor its approval endorsed thereon; and C. Robert Justmann WHEREAS, said plat has been Alvin E. Lundh examined by the City Council and James E. Brady they find that the same conforms Councilmen to statutes and ordinances relating Attest: thereto, except that street grades Leo F. Frommelt have not been established, the City Clerk streets brought to grade, or pav- Mayor Thoms moved adoption ing, sewer or water installed; of the resolution. Seconded by NOW THEREFORE, BE IT RE - Councilman Justmann. Carried by SOLVED BY THE CITY COUNCIL the following vote: OF THE CITY OF DUBUQUE, IO - Yeas — Mayor Thorns, Council. WA: men Brady, Justmann, Lundh. Section 1. That the dedication Nays—None. of Kehl Court together with the Adjourned Regular Session, March 11, 1974 133 easements for u public utilities lidplat the same appear be and the same are hereby ac- cepted; S,ction 2. That the plat of "A. H. Oeth Subdivision No. 4" in the City of Dubuque, Io same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque. Iowa, upon said plat, pro- vided the owners of said property herein named, execute their writ- ten acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Kehl Court with bi- tuminous 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 lat- erals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans sub- mitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing improvements in accordance with plans and specifications approved by the City Man- ager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the solo expense of the Sub- divider, Arthur H. Oeth and Robert J. Kehl, as owner; i. To construct said improve- ments, except sidewalks, pri- or to March 1, 1976, and to construct the sidewalks prior to March 1, 1978; J. To install a street light stand- ard and base at the westerly end of Kehl Court in con- formity with current. City Electrical Department specifi- cations. and further provided that said Arthur li. Oeth and Robert J. Kehl, as owner of said Subdivision, se- cure the performance of the fore- going conditions by providing se- curity in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Ar- thur 11. Oeth and Robert J. Kehl, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 43 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the accept- ance of the dedication and ap- proval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this llth day of March, A.D., 1974. Allan T. Thorns Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 71-74 We, the undersigned Arthur H. Oeth and Robert J. Kehl heving read the terms and conditions of the foregoing Resolution No. 71-74 and being familiar with the condi- tions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 12th day of March, 1974 /s/ Arthur H. Oeth Arthur H. Oeth /s/ Robert J. Kehl Robert J. Kehl TO: I.EO F. FROMMELT CITY CLERK. This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 71-74 has been furnished by the owners. Dated at Dubuque, Iowa, this 23rd day of April 1974. /s/ Gilbert D. Chavenelle City Manager 134 Adjourned Regular Session, March 11, 1974 Councilman Justmann moved adoption of the resolution. Second. ed by Mayor Thorn -S. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. March 7. 1974 Honorable Mayor and Councilmen The City of. Dubuque Planning and Zoning Commission has re- viewed the final plat of Block 8-A, Block 9-A, Block 10-A, and Lots C and D of Block 12, each in "Key Knolls Subdivision" in the City of Dubuque, Iowa. The Commission has determined that the final plat is in conform- ance with the approved prelim- inary plat of this area, and is in compliance with all minimum standards of the Zoning and Sub- division Ordinances. 1t is the rec- ommendation of the Planning and Zoning Commission that you ap- prove this plat. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the communication be re- ceived and filed. Seconded by May- or Thorns. Carried by the follow- ing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent — Councilman Stackis. RESOLUTION NO. 72.74 Resolution approving the plat of Blocks 8-A, 9-A, 10-A and Lot C and D, Block 12, each in "Key Knolls Subdivision in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Blocks &A, 9-A, 10-A and Lots C and D, Block 12, each in "Key Knolls Sub- division" in the City of Dubuque, Iowa, by Hillcrest Builders, Inc.; and WHEREAS, upon said plat ap- pear streets to be known as Hansel Drive, Vizalea Drive and Keystone Drive, together with certain public utility easements which the Own. ers by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pay. ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the dedications of Hansel Drive, Vizaleea Drive and Keystone Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Blocks 8-A, 9-A, 10-A and Lots C and D, Block 12, each in "Key Knolls Sub- division 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, ex. ecute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Hansel Drive, Viz- aleea Drive and Keystone Drive with bituminous con- crete, or with concrete pav- ing with integral curb, all in accordance with City of Du. buque standard specifica- tions; b. To install sanitary sewer mains and sewer service lat- erals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in ac- cordance with plans submit- ted with the plat; d. To install storm sewers and eatchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing improvements in accordance with plans and specifications approved by the City Man- ager, under the inspection of Adjourned Regular Session, March 11, 1974 las the City Engineer, the Cita manner approved Manager; g, To maintain the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa: h. To provide the foregoing con- struction and maintenance at the sole expense of the Sub- divider, Hillcrest Builders, Inc., as owner; i. To construct said improve- ments, except sidewalks, pri- or to February 1, 1976, and to construct the sidewalks prior to February 1, 1978; and further provided that said Ilillerest Builders, Inc., as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Man- ager. Section 3. That in the event Hill. crest Builders, Inc., shall fail to execute the acceptance and furnish the security provided for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall he null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this Ilth day of March, A.D., 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh C. Robert Justmann Attest: Councilmen Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 72-74 We, the undersigned Blanche A. Hansel and Richard V. IIansel hav- ing read the terms and conditions of the foregoing Resolution No. 72.74 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 27th day of March, 1974, Hillcrest Builders, Inc. By: /s/ Blanche A. Hansel Treasurer By: /s/ Richard V. Hansel Secretary TO: LEO F. FROMMELT CITY CLERK. This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 72-74 has been furnished by the owners. Dated at Dubuque, Iowa, this 28th day of March, 1974. /s/ Gilbert D. Chavenelle City Manager Councilman Justmann moved adoption of the resolution. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. An Application and resolution extending the Territorial limits of the City to include Waechter Place in Center Grove in Dubuque Twp. (key City Investment Co.) present- ed and read. Mayor Thoms moved that the application be referred to the Engineering Department and the Planning & Zoning Commis- sion. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider a pro. posed Urban Renewal plan change in the Downtown Urban Renewal area, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent — Councilman Stackis. Communication of Livesey En- terprises (Stampfer property) show- ing an interest in the prospects of multiple family residential use in the downtown area, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. 136 Adjourned Regular. Session, March 11, 1974 January 2, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission too amend the con- sidered a proposal Urban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-15, to allow multiple -family res- idential use as an additional land use over and above first floor per- mitted uses in structures in Block 12, Block 13, Block 17 and Block 18 in Redevelopment Area 1I. The Commission has determined that such additional permitted land use is in accordance with the in- tent of the general plan for the development of City of Dubuque and would conform to present and proposed zoning ordinances as they may apply to the project area. The findings and determination of the City of Dubuque Planning and Zoning Commission are set forth in its attached Resolution No. 1.73. The Commission has rec- ommended your approval of this proposed amendment to the Urban Renewal Plan. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. RESOLUTION NO. 1-73 WHEREAS, pursuant to Section 403.5 (2) of the Code of Iowa, as amended to date, the Dubuque Planning and Zoning Commission on the 16th day of February, 1967, adopted their Resolution No. 2, which found and determined that the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, conformed to the gen- eral plan for the development of the City of Dubuque, Iowa, as a whole; and WHEREAS, it is proposed that the said Urban Renewal Plan be amended to permit multiple fam- ily residence as an additional land use for that portion of the said Project identified as Redevelop- ment Area 5; now therefore BE IT RESOLVED BY THE DU. BUQUE PLANNING AND ZONING COMMISSION: Section 1. That it is hereby found and determined that the Urban Renewal Plan, as amended, for the Downtown Urban Renewal Project, Iowa R-15, permitting multiple family residence as an additional land use over and above first floor permitted uses in structures for Redevelopment Area 5, does con- form to the general plan for the development of the City of Du- buque, Iowa as a whole. Section 2. That it is hereby found and determined that multiple fam. ily residence as an additional land use in Redevelopment Area 5 does conform to the present and pro. posed zoning ordinances for the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of December, 1973. Frank J. Glab Secretary RESOLUTION NO. 73.74 Approving a change to the Ur- ban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-15 WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the United States Department of Housing and Urban Development and the City of Dubuque, Iowa, pursuant to a Loan and Capital Grant Contract, Contract No. Iowa R-15 (LG), are undertaking and carrying out the Downtown Urban Renewal Project, Iowa R-15 (herein call "Project"); and, WHEREAS, under date of May 18, 1967, the City Council of the City of Dubuque, based upon de- tailed studies, supplementary ma- terial and data and recommenda- tions, duly reviewed and adopted Resolution No. 123-67 approving an Urban Renewal Plan (herein called "Plan") for the Project; and, WHEREAS, the Plan prescribed among other things certain land uses for the various redevelopment areas delineated in the Plan; and WHEREAS, it is proposed that multiple family residential use as an additional land use over and above first floor permitted uses be permitted in Redevelopment Area 2 except in that portion of Redevelopment Area 2 situated east of former Main Street and north of former 7th Street; and Adjourned Regular Session, March 11, 1974 137 WHEREAS, the Dubuque Plan- ning and Zoning Commission has found that said multiple family residential use as an additional land use over and above first floor permitted uses is an appropriate use In the Central Business Dis- Wet; and further that the said use for the specific area, Rede- velopment Area 2 except for that portion of Redevelopment Area 2 situated east of former Main Street and north of former 7th Street, would be consistent with the gen- eral plan for the development of the City of Dubuque as a whole; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is hereby found and determined, after a duly conducted public hearing, that the Plan Change to the Urban Renewal Plan, herebefore amended and adopted, for the Downtown Urban Renewal Project, Iowa R-15, per- mitting multiple family residential use as an additional land use over and above first floor permitted uses for that area of the Project designated as Redevelopment Area 2, except for that portion of said Redevelopment Area 2 situated east of former Main Street and north of former 7th Street, legally described as Blocks 12, 13, 17 and 18 in Dubuque Downtown Plaza, is in the best interest of said Proj- ect and City of Dubuque; and fur- ther that the Plan Change con- forms to the general plan for the development of the City of Du- buque, as a whole. Section 2. That the Plan Change to the Urban Renewal Plan as set forth in Section 1 hereinabove. having been duly reveiwed and considered, is hereby approved, and the City Clerk be and he is directed to file a copy of the said Plan Change with the minutes of this meeting. Passed, approved, and adopted this 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. Communication of Maurice J. Renier suggesting that proposed apartment buildings for the Urban Renewal area should provide for parking of at least one or prefer- ably two spaces per apartment. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. RESOLUTION NO. 74.74 Authorizing the execution of lease extensions for Suites 1" and 411 in the Fischer Building WHEREAS, the City of Dubuque leases from the Fischer Realty Company, Suites 10-B and 411 in the Fischer Building to house the Departments of Housing and Re- development and Planning and Zoning; and WHEREAS, both leases have ex- pired and it is deemed advisable to enter into extensions of both leases upon the same terms and conditions of the original leases subject to a modification to per- mit the City of Dubuque to cancel the leases upon ninety days' ad- vance notice in the event either or both of the departments move into other property owned by the City of Dubuque; and WHEREAS, the leases provide among other things a standard clause that permits either lease to be cancelled by either party at the end of each year by pro- viding ninety days' advance no- tice; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Man- ager be and he is hereby au!hor- ized and directed to enter into an extension of the following leases with the Fischer Realty Company for certain office space in the Fischer Building. Department of Housing and Redevelopment Lease dated February 28, 1989 138 Adjourned Regular Session, March 11, 1974 Suite 10-B — $175.00 per month Planning and Zoning Depart- ment Lease dated June 20, 1973 Suite 411 — $330.00 per month Passed, approved and adopted this lith day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None, Absent—Councilman St.ackis. RESOLUTION NO. 76.74 Authorizing the execution of a contract with Iowa Appraisal and Research Corporation for a Re- use Appraisal for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project; and WHEREAS, under date of June 19, 1969, the Iowa Appraisal and Research Corporation provided an appraisal of the reuse value of the sites to be cleared and made avail- able for redevelopment; and WHEREAS, the values as estab. lished by the appraisal and con- curred -in by the United States De- partment of Housing and Urban Development have provided the basis under which land in the Ur. ban Renewal Project Area has been marketed for redevelopment; and WHEREAS, the United States Department of housing and Urban Development has requested that due to the lapse of time and mar- ket changes that the value for the parcels yet to be marketed be re- viewed and the values adjusted if necessary; now therefore BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Suction 1. That the City Man. ager be and he is hereby author- ized and directed to enter into a contract with the Iowa Appraisal and Research Corporation for the purpose of updating the second reuse appraisal for the Downtown Urban Renewal Project at a cost not to exceed $2,700.00. Passed, approved, and adopted this 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol. lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. RESOLUTION NO. 75.74 Authorizing the execution of a contract with Iowa Appraisal and Research Corporation for a Spe- cial Appraisal of the Orpheum Theatre for the Downtown Ur- ban Renewal Project, Iowa R-15 WHEREAS, under date of Jule 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project; and WHEREAS, under date of June 5, 1968, the Iowa Appraisal and Research Corporation provided an acquisition appraisal which formed the basis under which the City purchased the Orpheum Theatre: and WHEREAS, it is proposed that the Orpheum Theatre be purchased by and restored and/or renovated by the Five Flags Center Fund; and WHEREAS, it is necessary to establish an "as if" value of the Orpheum Theatre for the purpose of transferring title of the prop- erty to the Five Flags Center Fund; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01" DUBUQUE, IOWA: Adjourned Regular Session, March 11, 1974 139 ---------------------- ---------- Section 1. Thatthe Cit Mar - ager be and he t herized and directed to enter into a contract with the Iowa Appraisal and Research Corporation for the purpose of preparing an "as if" appraisal of the Orpheum Theatre at a cost not to exceed $900.00. Passed, approved, and adopted this 11th day of March, 1974. Allan T. Thorns Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. RESOLUTION NO. 77.74 RESOLUTION Approving plat of Lot 1 of Lot 2 of Lot 2 of Lot. 1, Block 5, River Front Sub. No. 3, in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Lot 2 of I.ot 2 of Lot 1, Block 5, "River Front Sub- division No. 3" in the City of Dubuque, Iowa. is platted as Lot 1 of I.ot 1 of Lot 2 of Lot 2 of Lot 1, Block 5 "River Front Subdivision No. 3" and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 1, Block 5 "River Front Subdivision No. 3" all in the City of Dubuque, Iowa. WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statues and Ordinances relat- ing thereto: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE., IO- WA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 11th day of March 1974. Allan T. '1 homs Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Nays—None. Absent—Councilman Stackis. RESOLUTION NO, 78-74 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Joseph J. Bitter, then Mayor, William McEllhiney, Chair- man of the Dock Board, and Rob- ert E. Dorothy, Manager of Du- buque Industrial Bureau, recom- mended on August 6, 1973 to the City Council of the City of Du- buque, Iowa that the application to purchase certain city -owned real estate by Iowa Coaches Incor- porated for the purpose of erecting a building thereon to provide stor- age for buses, maintenance shops and office space be approved, and thereafter on the 11th day of March, 1974, said recommendation was concurred in by Allan Thorns, Mayor of the City of Dubuque, Iowa; and WHEREAS, City Council of the City of Dubuque, Iowa has exam- ined said application and said rec- ommendation by the MAYOR'S IN- DUSTRIAL COMMITTEE and find that the sale of said real estate should be approved; and WHEREAS, said real estate sought to be purchased by Iowa Coaches Incorporated is described and known as: Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 2 of Lot I of Block 5 of "River Front Subdivision No. 3" in the City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the application of Iowa Coaches Incorporated to purchase a parcel of city -owned 140 Adjourned Regular Session, March 11, 1974 real estate in the City of Dubuque, Iowa which real estate is described and known as: Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No. 3" in the City of Dubuque, Iowa be and the same is hereby ap- proved upon the following terms and conditions: 1. That the said real estate be sold to Iowa Coaches Incor- porated for the construction and erection thereon of a new building to provide stor- age for buses. maintenance shops and office space. 2. That the sale price for said real estate shall be Forty Cents ($.40) per square foot, said purchase price shall include installation of water, sani- tary and storm sewer lines and street improvements, said improvements shall be in- stalled and completed on or before 142 days from date hereof. 3. That construction of said building shall be commenced within eighteen (18) months of adoption and the passage of this Resolution and shall be completed within thirty (30) months of delivery of deed and upon failure so to do or failure to make im- provements to the land with- in eighteen (18) months by Iowa Coaches Incorporated, purchaser, then said real es- tate shall automatically re- vert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in conformance with existing City codes, and manufactur- ing process carried out in accord with City ordinances. 5. That the City of Dubuque, Iowa retains a perpetual ease ment for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to re. pair, inspect and maintain the same. 6. That all utilities and services to proposed buildings shall be connected at buyer's ex. pense. That conveyance shall be by Quit Claim Deed and the City of Dubuque will fur. nish abstract of title. 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 11th day of March, 1974. Allan T. Thorns Mayor Alvin E. Lundh James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution and that a public hearing be held on April 22nd, 1974. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. RESOLUTION NO. 79-74 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 grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Joseph Richard Lenger, dba Grand- view Drug Co., 4.86 North Grand- view William John White, dba Hillcrest I.G.A. Foodliner, 1993 Asbury Street Passed, adopted and approved this 11th day of March 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Adjourned Regular Session, March 11, 1974 141 Mayor Thorns moved adoption of the resolution. Seconded by Coun. cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Lundh. Nays—None. Absent ---Councilman Stackis. RESOLUTION NO. 80-74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the preml-S to be su occupied by ch app wer inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Joseph Richard Lenger, dba Grand- view Drug Co., 486 N. Grandview William John White, dba Hillcrest I,G.A. Foodliner, 1993 Asbury Road Passed, adopted and approved this 11th day of March 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frornmelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis. RESOLUTION NO. 81.74 WHEREAS, applications for Liq- ior Licenses have been submitted o this Council for approval and he same have been examined, NOW THEREFORE BE IT RE- ;OLVED by the City Council of he City of Dubuque, Iowa, that he following applications be ap- roved and licenses issued upon It compliance with the provisions A Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kathleen L. Wedig, "Kay's Tap", 1399 Jackson Street Carl N. Brant, A & B Tavern, 2600 Central Avenue John P. Page, Julien Motor Inn, 200 Main Street Passed, adopted and approved this 11th day of March 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Nays—None. Absent—Councilman Stackis. RESOLUTION NO. 82-74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all the City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kathleen L. Wedig, "Kay's Tap", 1399 Jackson Street Carl N. Brant, A & B Tavern, 2600 Central Avenue John P. Page, Julien Motor Inn, 200 Main Street Passed, adopted and approved this IIth day of March 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk 142 Adjourned Regular Session, March 11, 1974 Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Staekis. Communication of R o c k f o r d Area Chamber of Commerce ad. vising of a meeting to be held in Chicago on Thursday, March 21, 1974 for an informal evalua- tion meeting with the I. C. Gulf and Amtrak representatives, to discuss running time for the Black. hawk, timetable changes, reliabil- ity of schedules, additional serv- ice, changes in equipment etc., presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent --Councilman Stackis. There being no further business Mayor Thoms moved to adjourn. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—None. Absent—Councilman Stackis, Leo F. Frommelt City Clerk Approved August 5, 1974 Adopted August 5, 1974 Special Session, March 18, 1974 _ 143 (ITY COUNCIL 1 (OFFICIAL) Special Session, March 18, 1974. Council met at 7:30 P.M. (C.D.T,) Present—Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had been duly made and this meetinrl is called for the purpose of CON- SIDERING ADOPTION OF AN ORDINANCE VACATING A POR- TION OF "VACATED PROSPECT STREET" AND THE SALE THERE- OF, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Federal Ener- gy Office addressed to Governor Ray advising that Mayor Allan Thoms will represent the State of Iowa to assist in the Energy Crisis. presented and read. Councilman Brady moved that the communica- tion be received and filed. Second- ed by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms. Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved ap- proval of the appointment. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays—None. Communication of Park Rinard, Administrative Assistant to Sen- ator Hughes, expressing apprecia- tion in meeting the group from Dubuque on their recent. visit to Washington, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Lundh, Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None, Communication of Iowa State Highway Commission advising that the corridor public hearing on Io cation of Freeway 520 in Delaware and Dubuque Counties will be held in Epworth on April 18th, presented and read. Councilman Stackis moved that the communica- tion be referred to the Engineer- ing Department and the Planning & Zoning Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady. Justmann, Lundh, Stackis. Nays—None. Communication of The Iowa State highway Commission sub- mitting a statement for review and comment appropriate to our area covering environmental im- pact statement planning report relative to Freeway 520, Delaware and Dubuque Counties, presented and read. Councilman Stackis moved that the communication be referred to Engineering and Plan- ning & Zoning Commission. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms. Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Operation New View submitting a progress report dated March 8, 1974, pre- sented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Stackis moved that the rules be suspended in order to let. anyone present address the Council if they so desire. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays—None. Mrs. Edna Thompson and Mr. Dan Langfield addressed the Coun- cil relative to operation New View. Communication of Alta Jane Blades advising that no useful pur- pose would be served to consider her farm in Center Twp. landfill site, presented and read. Councilman Lundh moved that the communication be received and filed and referred to the Engineer- ing Department. Seconded by Coun 144 Special Session, March 18, 1974 cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays --None. Communication of David L. Clemens, Attorney, as a represen- tative of the Dubuque Advisory Commission requesting the Coun- cil to join with the Medical As- sociates and retain Mr. Art Kuehn, a Davenport architect, to do a feasibility study of the Medical Associates Building, presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mr. David Clemens addressed the Council in behalf of his peti- tion. Mayor Thoms moved approval of 25% of the cost of the feasibil- ity study, not to exceed $500. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Chairman Luthro of the Advisory Commis- sion advising that the executive committee of the Commission en- dorses the establishment of Man- agement Information Services and recommending that a staff posi- tion be created. Councilman Just - mann moved that the communica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Lundh moved to proceed with the program as out- lined by the City Manager. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Lundh, Stackis. Nays—Councilman Brady, Just - mann. March 14, 1974 Honorable Mayor and Members of the City Council Please be advised that Y have approved the following named Casualty Policy subject to final approval of the City Attorney. GENERAL LIABILITY POLICY Fondell and Sons Inc. Policy No. 85 C 502517 The Hartford in. surance Co. from 11-1-73 to 11. 1-74 Gilbert D. Chavenelle City Manager Mayor Thoms moved for filing approval subject to approval of the City Attorney. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, StackL4. Nays—None. March 15, 1974 To the Honorable Mayor and City Council On April 5, 1973 an inspection was made of a vacated single fam. ily, frame dwelling by the City of Dubuque Housing Department, known as 850 Monterest Street, Dubuque, Iowa. Several violations of the Minimum Housing Code were noted, and on May 8, 1973 a letter was sent to the State Department of Social Services, Lucas Building, Des Moines, Iowa 50319, listing the violations and to notify the above named depart- ment that the structure has been posted as unfit for human oc- cupancy. On .lune 7, 1973 a letter was sent to Mr. Daniel P. Ernst, 10 American Tower Building, Du- buque, Iowa, Administrator for the State of Iowa Department of So- cial Services, with an enclosed copy of a letter the Housing De- partment sent to the State De- partment of Social Services, notify- ing Mr. Ernst of the status of this property. On August 1, 1973 an order was sent to Mr. Daniel P. Ernst, 10 American Tower Building, by the Housing Department to demolish and remove said dwelling and clean up the premises. Copies of the letter were sent to the Du- buque County Social Services and to the State of Iowa Department of Social Services. On February 19, 1974 an order was sent to Mr. Daniel P. Ernst, 10 American Tower Building, Du- buque, Iowa, to dismantle the structure and clean up the prem- ises. Copies of the letter were sent to the Dubuque County Social Special Scission. Niarch 18, 1974 145 Services and to the Iowa State Department of Social Services. This order has not been com. plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35-52 be enforced and the owner of said building, known as 850 Montcrest Street and located on Lot 24 of Pleasant view Addition, City of Dubuque, Iowa, be required to dis- mantle said building and clean up the premises. Gilbert D. Chavenelle City Manager Councilman Stackis moved ap- proval of the recommendation and that a public hearing he held on April 8th and the Clerk be in- structed to publish notice of same. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. March 15, 15174 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, City Audi- tor, Water Superintendent and Health Department, as well as a list of claims paid, for the month of February, 1974. Also enclosed is the annual report of the health Department for the year 1973. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the reports be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication addressed to Councilman Justmann submitting a brochure on Solid Waste Man- agement from Knoerle, Bender, Stone & Associates Inc. by Joe Goeppner, as the result of becom- ing acquainted at the annual meet- ing of the Water Resources Con- gress in Washington, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of H. L. Guzzle, in the amount of $28.43, for car damage incurred on March 1, 1974, to the rear of 972 University Ave., due to a defective street, presented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- man Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of Robert L. Massey, in the amount of $50, for car damage incurred as the result of driving into a defective man- hole cover at 24th & Washington Street on February 15, 1974, pre- sented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Notice of claim of Lloyd & Bar- bara Auderer in the amount of $441.85 for car damage incurred as the result of their car being struck by a city -owned garbage truck at 1625 Westridge on March 6, 1974, presented and read. Mayor Thoms moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. March 15, 1974 Honorable Mayor and City Council On August 11, 1972, Notice of Claim was filed against the Ciiy of Dubuque. Iowa on behalf of Joseph P. Hickey, a minor, claim- ing damages in the amount of $16,000.00 for said minor and $4,000.00 for his father, Frank J. Hickey for personal injuries al- legedly suffered by said minor on June 26, 1972 as the result of his tripping and falling over a water hose strung across the walk area of Town Clock Plaza, midway 146 Special Session, March 18, 1974 between 700 Main Street and 703 Main Street. Thereafter, on Sep- tember 1, 1972, an action, being Law No. 39660, was commenced in the District Court of Dubuque County. Iowa, wherein Joseph P. Hickey. a minor, by Frank J. Hick- ey, his father and next friend; and Frank Hickey are plaintiffs and the City of Dubuque, Iowa and Edwards & Sons Construction Co. are named defendants. Said action, in four counts prayed for $20,000.00 together with interest and costs. This matter was referred to the City Attorney and appropriate de- fenses were filed therein, and said matter has been settled at no cost to the City and Dismissal with Prejudice was filed in the District Court of Dubuque Coun- ty, Iowa on March 12, 1974. Original Notice with petition at- tached together with Notice of Claim is returned herewith. R, N. Russo City Attorney Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stacids. Nays—None. Proof of Publication, certified to by the Publisher, of notice of hearing to vacate and dispose of Lot 32A and Lot 40A in Coriell's Dubuque Addn. to William Wood- ward & William Klauer, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Thorns moved that the communi- cation be received and filed. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays --None, ORDINANCE NO. 17.74 An Ordinance Vacating a Por. tion of "Vacated Prospect Street" and approving sale of Lot 32A and Lot 40A in Cor. iell's Dubuque to William P. and Beverly B. Woodward and William J. and Carol R. Klauer, Said Ordinance having been pre. viously presented and read at the Council meeting of February iii, 1974, presented for final adoption, ORDINANCE NO. 17-74 WHEREAS, the street in the City of Dubuque, Iowa, known as "vacated Pros_ pect Street" has been the subject matter of legal controversy; and WHEREAS, said Prospect Street for considerable time in the past has been oc- cupied and used for the location of a garage serving the premises lying imme- diately to the east tltcreof; and WHEREAS, it appears that the public interest demands that said street be va- cated; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has approved the vacation of same; NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. That that portion of va- cated Prospect Street between Lot32 and Lots 38, 39, 40 and 41 in "Coriell's Du- buque" (also known as Coriell's Addi. tion to the City of Dubuque, Iowa) in the City of Dubuque, Iowa no longer serving public purpose be and the same is hereby vacated. SECTION 2. That the above described real estate has been platted and shall here. after be described and known as Lot 32 A in "Coriell's Dubuque" in the City of Dubuque, Iowa, and Lot 40 A in "Coriell's Dubuque" in the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and he is hereby ordered and directed to publish notice of intent to dispose of in- terest in real estate as is by law required which notice shall provide and set forth that Lot 40 A. "Coriell's Dubuque" in the City of Dubuque, Iowa, shall be dis- posed of to WilliamP. Woodward and Be- verly B. Woodward for the sum of $1000 together with costs of publication and that Lot 32 A "Coreill's Dubuque" in the City of Dubuque, Iowa, shall be disposed Of to William J. Klauer and Carol R. Klauer together with costs of publication, in addition to the payment of :1000.00. No abstract of title shall be furnished. SECTION 4. That the City Clerk be and he is hereby directed to cause to be recorded in the office of the Dubuque County Recorder certified copy of this Ordinance. SECTION f. That Resolution No. 241. 70 be and the same is hereby repealed and any and all proceedings heretofore under- taken in connection with this property With the exception of the platting thereof and which tray be inconsistent herewith he and the same are hereby repeated Special Session, March 18, 1974 147 Passed, adopted and approved this loth day of March, All 4an T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis .lama E. Brady Councilmen ATTEST: Leo F. Frommclt City Clerk Published officially in the Telegraph Herald Newspaper this .2nd day of March, 1974. Lm F. Frommclt City Clerk It. t-}1. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, I.undh, Stackis. Nays—None. RESOLUTION NO. 83-74 WHEREAS, pursuant to Resoiu- tion of published notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque. Iowa on February 22, 1474 and March 1, 1974, City Council of City of Du- buque, Iowa met on the 18th day of March, 1974 at 7:30 o'clock P.M. (Central Daylight Savings Time) in the City Council Chamber, it Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque, Iowa of thi.t portion of vacated Prospect Street platted and described and known as Lot 32 A "Coriell's Du- buque" in the City of Dubuque, Iowa and Lot 40 A in "Coriell's Dubuque" in the City of Dubuque., Iowa and that said parcels of real estate shall be disposed of to William J. Klauer and Carol R. Klauer, Husband and wife, and to William P. Woodward and Beverly B. Woodward, husband and wife, respectively; and WHEREAS, City Council of Du- buque, Iowa overruled any and all objections, oral or written to the proposal to dispose of inter- est of City of Dubuque, Iowa in the above set out parcels of real estate to the hereinabove men. tioned parties; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, lows: Section 1. That the disposal of interest of City of Dubuque, Iowa in real estate described as: Lot 40 A in "Coriell's Du- buque" in the City of Du- buque, Iowa to William P. Woodward and Bev- erly B. Woodward, husband and wife, for the sum of $1.000.00 to- gether with costs of publication and filing fees, be approved. Section 2. That the disposal of interest of City of Dubuque, Iowa in real estate described as: Lot 32 A in "Coriell's Du- buque" in the City of Du- buque, Iowa to William J. Klauer and Carol R. Klauer, husband and wife, for the sum of $1,000.00 together with costs of publication and filing fees, be approved. Section 3. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to William P. Wood- ward and Beverly B. Woodward, husband and wife, and to William J. Klauer and Carol R. Klauer, husband and wife, upon receipt from said respective purchasers of the said purchase prices, publica- tion costs and filing fees. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 18th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to Amend Zoning Ordinance No. 3-34 by amending Article IV, Section 2, Subsection (i) thereof to include off-street 148 Special Session, March 18. 1974 parking within Lot 1 of the Sub- division of Lot IA of Dennis Dor- gan Sub. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 18.74 An Ordinance Amending Ordi- nance No. 3.34 known as the "Zoning Map and Zoning Ordi• nance of the City of Dubuque, Iowa" by Amending Article IV, Section 2, Subsection (i) there- of to include certain described real estate to permit off-street parking, (Dorgan Place), said Ordinance having been pre- viously presented and read at the Council meeting of February 25, 1974, presented for final adoption. ORDINANCE NO. 18-74 AN ORDINANCE AMENDING OR- DINANCE NO. 3-34 KNOWN AS THE "ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY AMEND- ING ARTICLE IV, SECTION 2, SUBSECTION (i) THEREOF TO INCLUDE CERTAIN DESCRIBED REAL ESTATE TO PERMIT OFF. STREET PARKING. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 3-34, known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa", be and the same is hereby amended by amending Article IV, Section 2, subsection (i) thereof as follows: "Article IV. Section 2. (i) Off-street parking within the following described area: Lot 1 of the Subdivision of Lot IA of Dennis Dorgan Subdivision in the City of Dubuque, Iowa." SECTION 2. That the foregoing Amendment has heretofore been approved by the City Planning and Zoning Com- mission of the City of Dubuque, Iowa. Passed, approved and adopted this isth day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin li. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommclt, City Clerk Published officially in the Telegraph Herald Newspaper this 22nd day of March, 1974. Leo F. Frommclt, City Clerk It. 3-22. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Vicki Weide- mann objecting to the excessive noise from motorcycles and cars on the streets of the City, present- ed and read. Mayor Thoms moved that the communication be re- ceived and filed. Second -d by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Donna Bauer- ly fully endorsing a clearly de- fined and strictly enforced noise abatement ordinance, presented and read. Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays --None. AN ORDINANCE Amending Or- dinance No. 3349 known as the Traffic Code of Dubuque, Iowa by repealing Section 19.4 thereof and enacting a new Section 19.4 in lieu thereof to provide that all motor vehicles be equipped with a muf- fler to prevent excessive noise and annoying smoke, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Special Session, March 18, 1974 149 Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance in the Council Chamber at the City Hall on April 8, 1974, at 7:30 o'clock P.M. and the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. AN ORDINANCE Amending Or- dinance No. 3349, known as the Traffic Code of the City of Du- buque, Iowa, by adding a new Sec- tion 30 thereto to establish noise standards, to prohibit the opera- tion of motor vehicles in violation of established noise standards and providing penalties for violation hereof, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi• nance on April 8, 1974, in the Council Chamber at the City Hal: and that the City Clerk be in structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. AN ORDINANCE Relating to the Control of excessive noise and providing penalties for the viola- tion hereof, presented and read. Mayor Thomas moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on April 8, 1974, in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. March 15, 1974 Honorable Mayor and City Council I submit to you an Ordinance adjusting the present Bicycle Or- dinance. Attached is a letter from Chief O'Brien explaining the pro. posal. I recommend that the ordinance be passed. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: 150 Special Session, March 18, 1974 Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO 19.74 Ordinance Governing Operation of Bicycles in the City of Du- buque, Iowa, and the Licensing of Same, providing penalties for violation hereof and repealing Ordinance No. 10-40 and Ordi- nance No. 33.56, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following Vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. ORDINANCE NO. 19.74 ORDINANCE GOVERNING OPERA- TION OF BICYCLES IN THE CITY OF DUBUQUE, IOWA, AND THE LICENSING OF SAME, PROVIDING PENALTIES FOR VIOLATION HEREOF AND REPEALING ORDIN- ANCE NO. 10-40 AND ORDINANCE NO. 33.56. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. Every person who owns and -or operates a bicycle within the limits of the City of Dubuque, Iowa, shall before the last day of April of each year, cause the ownership thereof to be registered at the office of the Chief of Police of said City. Upon such registration the Chief of Police shall issue to such person a registra- tion tag, plate or other means of idcati- cation. Said registration tag or plate shall at 211 times be securely fastened to the bicycle for which it is issued. That there shall be paid to the Chief of Police for said tag or plate when issued, twenty-five (25) cents. That the registration tag or plate shall be valid from the first day of May of any. year and all plates or tags shall expire simultaneously on April 30th of the fol- lowing year. SECTION 2. The Chief of Police shall keep a record of the number of each registration, the date issued, the name of the person who registered and the number issued to said person. SECTION 3. In the event a registered bicycle shall be sold or transferred the registration tag, plate or other means of identification shall pass on to the new owner or transferee and the sale or trans- fer of said bicycle shall be reported to the Chief of Police by the new owner or transferee within five days after said sale or transfer together with the name of the new owner or transferee of said bi. cycle. SECTION 4. In the event that an owner lose his identification tag p'atc or ocher means of identification, or the same should be destroyed or stolen he shall report the same to the Chief of Police immediately and the Chief of Police shall then issue a new registration tag at the cost of twenty-five (25) cents to such owner. SECTION 1. It shall be unlawful for any person to alter or counterfeit any rcgistratiun tag, plate or otner means of identification issued in conformity with this ordinance. SECTION 6. Every bicycle when in use on the streets of the city at any time from sunset to sunrise shall be equipped with a lamp on the front exhibiting a white light and with 2 lamp on the rear exhibit- ing a red light visible for a distance of 300 feet to the rear; except that a red reflector meeting the regirements of this ordinance may be used in lieu of a red light. SECTION 7. Every bicycle shall be equipped with a suitable horn or bell cap- able of giving an adequate warning or signal. The use of sirens or whistles on a bicycle is prohibited. SECTION 8. It shall be unlawful for any person to ride or operate a bicycle upon the sidewalks of the City of Du- buque. SECTION 9. It shall be unlawful for any person riding a bicycle to follow fire trucks or other fire equipment at any time and it shall be unlawful for any person riding a bicycle to be towed by any other vehicle operating upon the streets of the City of Dubuque. SECTION 10. No bicycles shall be used to carry more persons at one time than the number for which it is designed and equipped. SECTION IL Bicyclists riding or traveling upon any streets of said city shall not ride more than two abreast. Said bicyclists shall-cperate their bicycles on the right hand side of the center of the street and shall travel as near to the right hand curb as possible. SECTION 12. No person riding upon any bicycle shall attach the same or him- self to any bus or vehicle upon the high - w ay. SECTION 13. All persons riding bi- cycles upon any street within said city shall observe all traffic ordinances, rules and regulations, especially as to traffic lights, highway stop signs and shall signal any change of direction or course of travel in the same manner and in the Special Session, March 18, 1974 151 same wAy as such signal. are required un- der the law governing the use of motor vehicles upon the streets and highways, and shall not turn to the right or left in traffic except at regular interections of Itrets or alleys. SECTION 14. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon con- viction thereof shall be fined not exceed- ing One Hundred Dollars (sloo.00) and costs or shall be imprisoned for a period not exceeding thirty (30) days in iail. SECTION 1 f. Ordinance No. 10.40 and Ordinance No. 33-36 be and the same are hereby repealed. Passed, approved and adopted this 18th day of March, 1974. Allan T. Thom% Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Hcrald Newspaper this 22nd day of March, 1974. Leo F. Frommelt, City Clerk t It. %-22. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays --Councilman Justmann. March 15, 1974 Honorable Mayor and City Council I return to you the petition of people in the 3000 block of Kauf- mann in which they have request- ed no parking along one side of the street. I submit to you an ordinance establishing a new no parking zone along the north side of Kaufmann from Chancy Road to John F. Ken- nedy Road. I suggest that the ordinance be given the first reading and then set aside for a hearing. The Police Department will notify the resi- dents in the area of the proposed regulation and the hearing. I submit to you a letter from Chief O'Brien explaining the pro- posed ordinance. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, StackL4. Nays—None. AN ORDINANCE Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing subsec- tion 76 of Schedule VI thereof and enacting a new subsection 76 to Schedule VI to prohibit the park• ing of motor vehicles on the south side of Kaufmann Avenue from Central Avenue to Francis Street and on the North side from Fran- cis Street to Valeria Street and from Chancy Road to John F. Ken- nedy Road, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on April 8, 1974, in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays --None. Council Recessed at 9:35 P.M. Reconvened at 9:40 P.M. March 15, 1974 To the Honorable Mayor and City Council Attached is an ordinance creat- ing the office of Public Works and the appointment of a Director of Public Works. The Director of Public Works would be responsible for the con- struction and operation of all pub- 152 Special Session, March 18, 1974 lie works with the exception of the public water system. He would be responsible for the management of all city activities relating to engineering, street programs, storm and sanitary sewer mainte- nance and construction, waste wa- ter treatment and refuse opera- tions and maintenance of all city equipment. Reference to the creation of this office and position was reported in my 1974 Budget Message to you. Mr. John White would be ap- pointed Director of Public Works effective April 1, 1974 at an an- nual salary of $23,500. Mr. Robert Urell would be promoted to the position of City Engineer at an annual salary of $18,792. Your approval of this ordinance is requested. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, CouncU. men Brady, Justmann, Lundh, Stackis. Nays—None. AN ORDINANCE creating the office of Public Works and pro- viding for the appointment of a Director of Public Works and es. tablishing the duties of the Di- rector of Public Works, presented and read. Councilman Lundh moved for adoption of the Ordi. nance including corresponding salaries in Manager's request. Mo. tion died for lack of a second. Mayor Thoms moved that the Ordinance be adjourned to the meeting of March 25th. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann. Nays — Councilmen Lundh, Stackis. March 15, 1974 Honorable Mayor and Councilmen Your Resolution No. 73-74 has changed the Urban Renewal Plan to permit multi -family residential use within the project area. Pur- suant to that Resolution, we have enclosed a draft of an Ordinance amending the Business District Provisions of Zoning Ordinance No. 3-34. The effect of the pro. posed amendment is to exempt the Downtown Urban Renewal Project Area from the minimum lot area requirement of the zoning district. We suggest that it is appropriate at this time to eliminate the mini. mum lot area requirement within the project area where the City may still exercise more flexible control in the review and approval of specific development proposals. We also recommend that the pro. posed amendment be referred to the Planning and Zoning Commis. sion for public hearing and report. Respectfully submitted, Daniel Dittemore Development Planner R. N. Russo City Solicitor Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow. ing vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. AN ORDINANCE Amending and Changing Ordinance No. 3.34 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to remove the minimum Lot area per family re- quirement for Multiple Dwelling Structures within portions of the Business District Contained within the Dubuque Downtown Renewal project Iowa R-15, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- man Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thoms moved that the Ordinance be referred to the Plan- ning & Zoning Commission and Special Session, March 18, 1974 1S3 that public hearing be held on April 22, 1974, by the Council, in the Council Chamber at 7:30 o'clock P. M. and the Clerk be instructed to publish notice of said hearing in the manner re. quired by law. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. March 14, 1974 To the Honorable Mayor and City Council Attached is a resolution and ap- plication for approval for the per- manent transfer of funds. This resolution provides for the trans- fer of $88,200 from the Liquor Sales Profit Fund to three of our functional funds and to the Trust and Agency Fund. It is necessary for us to execute this transfer in order to provide adequate monies in the various funds to finance, principally, the wage increases as a result of our labor negotiations earlier this year. Your approval of this resolution is requested. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 84-74 Resolution and application for approval of the permanent trans- fer of funds WHEREAS, there is now in the hands of the treasurer the sum of $88,200.00, credited to the Liq- uor Sales Profit fund, and WHEREAS, there is now in the hands of the treasurer the sum of $88,200.00, credited to the Liq- uor Sales Profit fund, and WHEREAS, it is desired to trans- fer $88,200.00 from the Liquor Sales Profit Fund to the $15,000 to the General Fund (1) 10,000 to the Public Safety Fund (4) 4,300 to the Park Fund (20) 58,900 to the Trust and Agency Fund (40) $88,200 For the Following Reasons: Fund: 1 Wage and Salary Adjustments and Contribution for AMTRAK Services 4 Wage Adjustments 20 Wage Adjustments and $2,362 Deficit from 1973 40 Increased Cost of Fringe Ben- efits as Result of Labor Ne- gotiations and $6,804 Deficit from 1973. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the Liquor Sales Profit fund to meet all demands thereon. and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque County, Iowa, that said sum of $88,200.00 be, and the same is hereby transferred from the Liq- uor Sales Profit funds to the Gen- eral, Public Safety, Park and Trust & Agency funds, and the City Auditor is directed to correct his books accordingly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Passed, approved and adopted this 18th day of March 1974. Ayes. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Nays. C. Robert Justmann Allan T. Thoms (Presiding officer) Leo F. Frommelt (Secretarial officer) Mayor Thoms moved adoption of the resolution. Seconded by Coun. oilman Lundh. Carried by the fol. lowing vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays --Councilman Justmann. March 15, 1974 To the Honorable Mayor and City Council Attached is an ordinance amend- 154 Special Session, March 18, 1974 ing our 1974 Budget and provides for the appropriate of $100,000 to be used for contracting services with Ecumenical Housing, Incor- porated. Also attached is a resolution ap- proving a contract for services be- tween Ecumenical Housing, Incor- porated and the City of Dubuque, Iowa. Your approval of this ordinance and the resolution is requested. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. AN ORDINANCE Amending the Budget as approved by Ordinance No. 1-74 to provide appropriations for a Community Development Project, presented and read. Mayor Thorns moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. Mayor Thorns moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. Mayor Thoms moved that a pub- lic hearing be held on the Ordi. nance on April 8, 1974, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and the Clerk be instructed to publish notice of same in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council. men Brady, Lundh, Stackis. Nays --Councilman Justmann . RESOLUTION NO. 85.74 Resolution approving a contract for services between Ecumen- ical Housing, Incorporated and City of Dubuque, Iowa. WHEREAS, there are approx. imately Seven Thousand (7,000) persons in the City of Dubuque, Iowa, who have attained the age of 65 years or more; and WHEREAS, there are approx- imately Three Thousand Five Hun- dred (3,500) persons in the City of Dubuque, Iowa, who have at. tained the age of 65 years or more and who suffer from some type of physical limitation due to age; and WHEREAS, conventional hour. ing facilities and full nursing care facilities are the only means of housing the aforementioned elder. ly and disabled presently in ex- istence, and WHEREAS, Ecumenical Housing Incorporated proposes to erect and maintain a structure to house and accommodate the elderly and dis- abled ,to provide for the physical needs and the social needs of the elderly and disabled occupying its facilities; and WHEREAS, the City of Dubuque, Iowa, by virtue of and pursuant to Title I of the State and Local Fiscal Assistance Act of 1972 (Pub- lic Law 92.512) is authorized and empowered to use revenue sharing funds received by it to pay op- erating and maintenance costs for "priority expenditure categories" of which social services for the Poor and Aged are included, and WIiEREAS, Ecumenical Housing, Incorporated and the City of Du- buque, Iowa, have entered into a written contract, copy of which is hereto attached, marked Exhibit "A", and by reference made a part hereof, wherein the City agrees to pay Ecumenical Housing, Incorporated the sum of One Hun- dred Thousand ($100,000.00) Dol- lars and Ecumenical Housing. In- corporated agrees to provide hous- ing and social service for the eld- erly and disabled persons in the City of Dubuque, Iowa, for a period of forty years from date of com- pletion and occupancy of said structure, and WHEREAS, the City Council of the City of Dubuque, Iowa, finds, determines and concludes that the expenditure of $100,000.00 of rev- enue sharing funds of the City of Dubuque, Iowa, for the housing of its elderly and disabled and to provide social services therefor Promotes the public health and welfare of the inhabitants of the City of Dubuque, Iowa, and that Special Session, March 18. 1974 155 Ecumenical Housing, Incorporated is presently the only organization existing in the City of Dubuque, Iowa, able to furnish housing and social services for the elderly and disabled, and WHEREAS, the City Council of the City of Dubuque, Iowa, finds and determines after full exam- ination of all relevant information that said contract and expenditure pursuant thereto should be ap proved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE, IO- WA, AS FOLLOWS: Section 1. That the contract for services by and between the City of Dubuque, Iowa, and Ecumenical Housing, Incorporated, a copy of which is hereto attached, marked Exhibit "A", and by reference made a part hereof, be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized, empowered and directed to execute said contract for services for and on behalf of the City of Dubuque, Iowa. Section 3. That the expenditure to Ecumenical Housing, Incorporat- ed by the sum of $100,000.00 of revenue sharing finds pursuant to said contract is hereby approved. Passed, approved, and adopted this 18th day of March. 1974. Allan T. Thorns Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. r'rommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Cay rigid by the following vote: Yeas — Mayor Thoms, Council- men Brady, I.undh, Stackis. Nays—Councilman Justmann. AGREEMENT THIS AGREEMENT made and entered into this 18th day of March, 1974, by and between the CITY OF DUBUQUE, IOWA, a municipal corporation, hereinafter called "City", and ECUMENICAL HOUSING INCORPORATED, a non- profit corporation of Iowa, orga nized and existing and pursuant to Chapter 504A of the 1966 Code of Iowa, hereinafter called "Cor- poration". WITNESSETH: 1. That City does hereby agree to advance and pay to Corpnrat.ion the sum of One Hundred Thousand and 00/100 Dollars ($100.000.00) on the terms and conditions herein- after set forth, at such time in the sole discretion of the City as ad- equate and satisfactory proof has been furnished to the City by the Corporation that the Corporation has raised or collected the sum of $200,000.00 in addition to the amount proposed to be paid by City. 2. City further agrees to pay the said sum of $100.000.00 at such time as in its sole discretion it Shall determine construction costs have been accured or are payable for work actually performed or labor or materials actually sup- plied to or for the project herein- after referred to, to an extent of not less than the said amount of $100,000.00. 3. Corporation agrees to con- struct, erect and maintain a multi. story structure containing 110 dwelling units and 1 dwelling unit for a caretaker to be located at the southeast corner of Locust Street and West 6th Street in the City of Dubuque, Dubuque County, State of Iowa. The purpose of said structure shall be to house and accommcAate the elderly and hand- icapped or disabled. The Corpora- tion agrees to maintain said struc- ture and provide such housing for a period of 40 years from and after the date of completion and occupancy, and for such charges and fees as rental as the Corpora. tion may deem fair and reasonable and as approved by the Federal Housing Administration. 4. Corporation further covenants and agrees that it will not seek nor secure real estate tax exemp- tion or personal property tax exem- ption as a qualifying entity under and by virtue of Chapter 427 of the 1973 Code of Iowa as to this property for a period of seven (7) years from the date of completion and occupancy of said building and Corporation acknowledges and represents that City would not have agreed to pay said sum of $100,000.00 without the Corpora- tion's having first agreed to the provisions of this paragraph. Noth-