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Y Roll_36 Part 09Special Session, November 18, 1974 561 November 13, 1974 on, over and across real estate Honorable Mayor hereinabove described be and the and City Council same is hereby accepted. I return to you the petitions of Section 2. That the City Clerk May 17 and September 26 for the be and he is hereby authorized and extension of Glen Oak Street. directed to file a certified copy of A 16 to 20 foot easement has said Roadway Easement in the rec- been secured from the property ords of the Recorder of Dubuque owner. You have been requested County, Iowa. by resolution to have the City Passed, approved and adopted Clerk record this casement. this 18th day of November, 1974. it is my intention that the way, Allan T. Thorns as indicated on the attached plat. Mayor will be graded. graveled and seal James E. Brady coated at city expense. It is expect- C. Robert JuArnann Emil Stackis ed that the seal coating will be The estimated Alvin E. Lundh done next spring. cost of the project is $3.600.00. Councilmen Gilbert I). Chavenelle Attest: City Manager Leo F. Frommelt, Councilman Stackis moved that be received and City Clerk Councilman Stackis moved the communication filed. Seconded by Mayor Thorns. adoption of the resolution. Second- ed by Mayor Thorns. Carried by Carried by the following vote: Council the following vote: Yeas — Mayor Thorns, Lundh. Yeas —Mayor Thorns, Council- yeas men Brady, Justmann, Brady, Justmann, Lundh, Stackis. Stackis. Nays _ None. Trays — None. RESOLUTION NO. 389.74 has been deliv- RESOLUTION NO. 390.74 WHEREAS, there has been deliv- WHEREAS, there ered to the City Council of the ered to the City Council of the Road- City of Dubuque, Iowa, a Roadway November 13, City of Dubuque, Iowa, a way Easement, dated November Easement, dated John L. Willmes and 13, 1974, wherein John L. Willmes 1974, wherein Marion Willmes, husband and wife, and Marion Willmes, husband and a and La Verne A. Willmes and Ros- and wife, wife, agree to grant perpetual roadway easement to the City of ella M. Willmes, husband to grant a perpetual road- Dubuque, Iowa in, on, over and agree way easement to the City' of Du- across real estate described as: The North East 16 feet of Lot buque, Iowa in, on, over and across 2 of Rosedale Addition No. 2, real estate described as: Lot 1 of Lot 1 of Lot in the City of Dubuque, Du- Lot 1 of 1, in Rosedale Addition No. 2, buque County, State of Iowa for the City of Dubuque, Iowa, to and Lot 1 of Lot 1 of Lot construct and maintain a sixteen Lot 2 of 10 in Rosedale Addition �o. 2 tright-of-way; (1) foot H� ORE BE IT RE- in the City of Dubuque, BY THE CITY COUNCIL for the City of Dubuque, Iowa maintain a twenty SOLVED OF THE CITY OF DUBUQUE, to construct and (20) foot right-of-way: BE IT RE- IOWA: ry of �as�m lofed NOW THEREFORE BY THE CITY COUNCIL whichat way enthccopy llmes SOLVED OF THE CITY OF DUBUQUE and M. Willmes, husband IOWA: That delivery of Road and ranting to the City of and wife, Iowa, a perpetual ease- Section 1. way Easement, copy of which l- construct meatDubuque, and L. attached husband sixteeno (16) right-OfawaYinin estate Marion WillJohn mes, mesa over and across real Verne A. Willmes I on, and the and wife, and La and Rosellar M. rllto�EtS, hCG bu of same n sb�her byscaccepted. City Clerk and wife, 6 g ease Section 2. That the is hereby authorized and Dubuque, Iowa a perpetual a and he ment to construct and maintain. a directed to file a certified copy twenty (20) foot right-of-way, 562 Special Session, November 18, 1974 of said Roadway Easement in the records of the Recorder of Dubu- que County, Iowa. Passed, approved and adopted this 181h day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh 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, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 391-74 WHEREAS the City of Dubuque is desirous of expanding cultural, educational and recreational list- ening opportunities for its citi- zens, and WHEREAS the Regents of the Uni- versity of Iowa are seeking to deliver non-commercial, educa- tional broadcasting services to eastern Iowa by increasing the power of its existing FM station to 100,000 watts, and WHEREAS the citizens of Dubu- que will be greatly benefitted from this expanded service, NOW THEREFORE BE IT RE- SOLVED, that the City Council of the City of Dubuque, Iowa. emphatically endorses the pro. posed expansion of the WSUI FM service in eastern Iowa and urges favorable approval by the U.S. Department of Health, Ed- ucation and Welfare to the Uni versity of Iowa's request. Passed, adopted and approved this 18th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Justmann moved ad- option of the resolution. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Jusimann, Lundh. Stackis. Nays — None. October 28, 1974 To the Honorable Mayor and City Council The sanitary sewer constructed for Century Drive -Ries Drive area, from existing Center Grove Valley interceptor sewer northerly to Dane iels Street, a distance of 3,242 feet, has been completed substantially in accordance with plans and spec- ifications by Tschiggfrie Excavat ing of Dubuque, Iowa. 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. Final Estimate RESOLUTION NO. 392.74 WHEREAS, the contract for the construction of Century Drive -Biel Drive Sanitary Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, in- spection, and preparing the assess- ment 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 $55,260-05. That $53,175.05 of the cost there- of shall be assessable upon private property and $2,085.00 shall be paid from the sanitation fund of the City of Dubuque. Passed, adopted and approved this 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- Special Session, November 18, 1974 cilman Stackis. Carried by the fol- 18, 1974 56,3 cilman Stackis. Carried by the fol- lowing vote: lowing vote: yeas — Mayor Thoms, Council- Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, men Brady, Justmann, Lundh, Stackis. Stackis. Nays—None. Nays—None. (A Resolution Accepting November 14, 1974 Improvement and Directing the To the Honorable Mayor Clerk to Publish Notice.) and City Council RESOLUTION NO. 393.74 This is to advise you that the WHEREAS, the contract for the sanitary and storm sewer for Riv construction of Century Drive-Bies erfront Subdivision No. 5: Contract Drive Sanitary Sewer has been I—Section 2 has been substantial - completed and the City Manager ly completed in accordance with has examined the work and filed the City of Dubuque plans and his certificate stating that the specifications. I therefore recommend the ac- same has been completed accord- ing to the terms of the contract, ceptance of the above mentioned plans and specifications and ree Project. Gilbert D. elle ommends its acceptance, now there- City Manager [ore, BE IT RESOLVED, by the City Mayor Thoms moved that the Council of the City of Dubuque, communication be received and filed. Seconded by Councilman that the recommendation of the Lundh. Carried by the following City Manager be approved and that vote: said improvement be and the same Yeas ra Mayor Thoms, Council - is hereby accepted and the City men Brady, Justmann, Lundh, Engineer be and is hereby direct- Stackis. ed to prepare a plat and schedule Nays—None. showing the lots or parcels of real estate subject to assessment for Final Estimate said improvement and file the RESOLUTION NO. 394-74 same in the office of the City WHEREAS, the contract for the Clerk subject to public inspection Sanitary Sewer and Storm Sewer cnd said Clerk shall upon receipt for Riverfront Subdivision No. 5 of such plat and schedule publish Contract 1—Section 2. the notice of the Council's inten- 1. Roosevelt Street Extension tion to levy special assessments from the S.P.L. of Kerper Blvd, to therefor, as required by law. the S.P.L. of Kilgore Street. BE IT FURTHER RESOLVED, 2, Kilgore Street from the W.P. that the City Treasurer be and he 1,, of Roosevelt Street Extension is hereby directed to pay to the to the N.P.L. of Hamilton Street contractor from the funds to be realized from the sale of sewer Extension. 3. Hamilton Street Extension bonds issued upon the above de- from the S.P.L. of Kilgore Street Lot 2 of Block 1 scribed improvement in amount equal to the: amount of his con- to the N.P.L. of of Riverfront Subdivision No. 5. tract, less any retained percentage Has been completed and the City his final provided for therein. approved Engineer has submitted showing the cost thereof Passed, adopted and this 18th day of November, 1974. estimate including the cost of estimates, no - Allan T. Thoms tices, inspection, and preparing the there. Mayor assessment and plat, now James E. Brady C. Robert Justmann fore, OLVED by the City BE rr RES Emil Stackis Council of the City of Dubuque, Alvin E. Lundh That the cost of said improve - determined t o be Councilmen m 979 ereby 59 Storm, $24 003 58 Sani- Attest: Leo F. Frommelt tory. 0 of the cost thereof That $ City Clerk Mayor Thoms moved adoption of on private shall be end ssable$78,9upon shall be the resolution. Seconded by Coun- e property 564 Special Session, November 18, 1974 paid from the Land Sales 30-9439- 1331.00 Fund of the City of Du- buque. Passed, adopted and approved this 18th day of November, 1974. Allan T. Thoms Mayor ,Tames E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 395-74 WHEREAS, the contract for the Sanitary Sewer and Storm Sewer for Riverfront Subdivision No. 5 Contract 1—Section 2 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, 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. 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 Land Sales Fund upon the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None, November 14, I974 To the Honorable Mayor and City Council This is to advise you that the 10" watermain for Riverfront Sub- division No. 5 Contract 1—Section 1 has been substantially complet- ed in accordance with the City of Dubuque plans and specifications, I therefore recommend the ae- ceptance of the above named proj- ect. 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. Final Estimate RESOLUTION NO. 396.74 WHEREAS, the contract for the 10" Watermain for Riverfront Sub. division No. 5 Contract 1 --Sec- tion 1 1. Roosevelt Street Extension from the S.P.L. of Kerper Blvd. to the S.P.L. of Kilgore Street. 2. Kilgore Street from the W.P.L. of Roosevelt Street Extension to the N.P.L. of Hamilton Street Extension. 3. Hamilton Street Extension from the S.P.L. of Kilgore Street to the N.P.L. of Lot 2 of Block 1 of Riverfront Subdivision No. 5 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $39,525.31. Special Session, November 18, 1974 That none of the cost thereof shall he assessable upon private property and $39,525.31 shall be paid from the land sale 30-9439- 1331-0o Fund of the City of Du- buque. Passed, adopted and approved this 18th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. I.undh 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, i Stackis. Nays—None. (A Resoluution Accepting Improvement) RESOLUTION NO. 397-74 WHEREAS, the contract for the 10" Watermain for the Riverfront Subdivision No. 5 Contract 1— Section I has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, 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. 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 Land Sales Fund upon the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided for therein. roved Passed, adopted and app this 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. l.undh Councilmen 565 Lttest.: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of he resolution. Seconded by Coun- -ilmen Lundh. Carried by the fol - owing vote: Yeas — Mayor Thoms. Council - nen Brady, Justmann, Lundh, itackis. Nays—None. Some discussion arose as to the possibility of the Dubuque Ma- rina Inc. connecting to the sani- tary sewer in the area that has now been projected through to serve industries being constructed on Riverfronts Subdivision No. 5. Councilman Justmann moved that the matter be referred to the City Solicitor and City Engineer. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 398-74 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. Michael J. Lucas, Jr., IvA Univer- sity Avenue roved Passed, adopted and app this 18th day of November 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh I Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by fol - Mayor Thoms. Carried by the lowing vote: Yeas — Mayor Thoms, Council men Brady, Lundh, Stackis. I Nays—Councilman Justmann. RESOLUTION N0. 399.74 WHEREAS, applications for Beer permits have been submitted and the this Council for approval same have ROREt BE IT RE - NOW TEIERE SOLVED by the City Council of 598 Special Session, November 14. 1974 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 Eagles Discount Supermarket #109, 200 South Locust Street Passed, adopted and approved this 18th day of November 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh 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 Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 400.74 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 follow- ing named applicants a Beer Per. mit. CLASS "C" BEER PERMIT Eagles Discount Supermarket #109, 200 South Locust Street Passed, adopted and approved this 18th day of November 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thorns. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None, RESOLUTION NO. 401-74 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 LICENSE Joan R. Murphy --The Plaza, 1101 Central Avenue Lowrie E. Smith -22nd Street Tap, 521 East 22nd Street Gene F. Sullivan—The King of Clubs, 1902 Central Avenue Michael J. Lucas, Jr.—"Papa Lukes", 1064 University Avenue M. Jack DeChristopher & Donald P. Shanley—The Wheelhouse, 1630 Fast 16th Street Crane Enterprises, Inc.—Cock 'N Bull, 2245 J. F. Kennedy Road Passed, adopted and approved this 18th day of November 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: l.eo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thorns. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays --.'None. Councilman Brady moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Special Session, November 18, 1974 587 Stackis. Carried by the following j vote: Yeas -- Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Gene Sullivan addressed the Council relative to the renewal of Class "C" (Commercial) Beer and Liquor License to the King of Clubs. RESOLUTION NO. 402.74 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, 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 Joan R. Murphy—"The Plaza", 1101 Central Avenue Lowrie E. Smith -22nd Street Tap, 521 East 22nd Street of Gene F. Sullivan—The King Clubs, 1902 Central Avenue Michael J. Lucas, Jr.—"Papa Lukes", 1064 University Avenue M. Jack DeChristopher do Donald P. Shanley—The Wheelhouse, 1630 East 16th Street Crane Enterprises, Inc. ---Cock 'N Bull, 2245 J. F. Kennedy Road Passed, adopted and app this 18th day of November 1974. Allan T. Thorns Mayor James E. Beady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen There being no further business, Councilman Justmann moved to adjourn the meeting. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, StaCk15. Nays—None. Leo F. Frommelt City Clerk Approved GHQtr-UA:rj... 1..0..1975. Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded fbl Mayor Thorns. Carried by the lowing vote: Yeas ra Justmann, Thorns council, men Bradyy,, Stackis. Nays—None. Approved February 10, 1975 Adopted February 10, 1975 56S Special Session, November 25, 1974 CITY COUNCIL OFFICIAL Special Session, November 25, 1474. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Thorns, Coun- 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 meeting is called for the purpose of CON- SIDERING RESOLUTIONS PRO- VIDING FOR THE ADVERTISE- MENT AND FIXING DATE OF MEETING TO TAKE ACTION FOR THE ISSUANCE OF $2,000,000. SEWER BONDS and acting upon such other business as may prop- erly come before a regular meet- ing of the Council. Copy of Communication of Delos A. Dorweiler addressed to Gent M. Wittenberg relative to subsidized 75% lease on four bedroom home for indigent on Kennedy Lot at Carter Road, and requesting advice on the development of the four bedroom rental house, also com- munication from Low -Hent Hous- ing advising Mr. Doriveiler that they are not able to work with him at this location, presented and read. Councilman Justmann moved that the communication be refer- red to the Council, City Manager and Gent Wittenberg. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Iowa Depart- ment of Environmental Quality ap. proving the sanitary and functional features for 'Timber Ridge Addn. subject to several stipulations, pre rented and read. Councilman Just - mann moved that the communica. tion be received and filed and re- ferred to the Engineering Depart- ment. Seconded by Mayor Thorns. Carried by the following vote: Yeas — Mayor Thorns, Council. men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Library Board advising that an engineering firm has been engaged to evaluate whether or not structural consid. erations will permit further plan- ning for an addition to the present Library Building on the Locust Street side, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Mayor Thorns. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. November 19, 1974 Honorable Mayor and City Council I herewith submit the reports of the Treasurer, Finance Director, Water Superintendent, health De- partment, and a list of claims paid, for the month of October 1974. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be receiv- ed and filed. Seconded by Council- man Stackis. Carried by the follow. ing vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays — None. Proof of Publication, certified to by the Publisher, of List of Re- ceipts and Disbursements for the month of October 1974, presented and read. Councilman Justmann moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Stackis. Nays — None. Communication of Housing In- spector, James L. Rubel, advising that with the cooperation of the owner of the property at 759 Ili]] St. that about 95"* compliance with the Housing Law has been accomp lished and work is continuing and no further action is necessary, pre- sented and read. Councilman Just - mann moved that the communica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh. Stackis. Nays -- None. Special Session, November 25, 1974 589 Communication of Planning & I William Olson of 2222 Hoyt St, Zoning Commission submitting addressed the Council by stating minutes of their meeting of No- the proposed Ordinance is in error. vember 20, 1974, presented and I It should read on the north side read. Mayor Thorns moved that the of Ungs Street and not on the minutes be received and filed. Sec- east side. onded by Councilman Justmann. AN ORDINANCE amending Ord - Carried by the following vote: inance No. 33-49 known as the Yeas — Mayor Thorns, Council- "Traffic Code of Dubuque, Iowa", men Brady, Justmann, Lundh, as amended, by enacting a new Stackis. subsection 95 to Schedule VI Nays — None. thereof to prohibit parking of mot - Communication of Iowa State or vehicles on the North side of Highway Commission addressed to Ungs Street from Clarke Drive to the Mayor requesting a lease as- Hoyt Street, presented. Councilman signment agreement from the City Brady moved that the reading just executed between the City and C. had be considered the first read - W. Enterprises Inc. for a portion of ing of the Ordinance. Seconded by right-of-way of Primary Road U.S. Mayor Thorns. Carried by the fol - No. 20, presented and read. Coun• lowing vote: cilman Justmann moved that the Yeas — Mayor Thorns, Council - communication be referred to the men Brady, Justmann, Lundh, City Manager and City Attorney. Stackis. Seconded by Mayor Thorns. Car- Nays — None. ried by the following vote: Councilman Brady moved that Yeas — Mayor Thorns, Council- the rule requiring an Ordinance to men Brady. Justmann, Lundh, be read on three separate days Stackis. be waived. Seconded by Mayor Nays — None. Thorns. Carried by the following November 21, 1974 vote: horns, Council - Honorable Mayor Yeas — MaYJusor Tmann, Lundh, and City Council men Brady, 1 am returning to you a petition Stackis. from residents on Hoyt Street re- Nays — None. questing the regulation of parking Councilman Brady moved that a on Ungs Street, and a proposed ord- public hearing be held on the Ord- inance making a no parking zone inance on December 9, 1974 at 7:30 on the east side of Ungs is sub- o'clock P.M. in the Council Cham mitted for your consideration. her at the City Hall and that the 1 recommend that the ordinance City Clerk be instructed to publish be favorably considered, and as an notice of the hearing in the man - explanation 1 am attaching a copy ner required by law. Secondedtol- by of Chief O'Brien's letter of Novem- Mayor Thoms. Carried by ber 12. lowing vote: ouncil- Gilbert D. Chavenelle Yeas — Mayor Thoms, Lundh, City Manager men Brady, Justmann, Councilman Justmann moved Stackis. that the communication be receiv- Nays — None. ed and filed. Seconded by Council- November 21, 1974 man Stackis. Carried by the fol- Honorable Mayor lowing vote: and City Council Yeas —Mayor Thorns, for your considera men Brady, Justmann, Lundh, s, Council- tion is an ordinance adjusting the meter ordinance. Stackis. street parking Nays — None. In explanation of this oordiend ante tter Councilman Brady moved to sus- I am attaching a coPY pend the rules to let anyone pre- from Chief O'Brien. I recomm sent, address the Council if they so I that the ordinance be acted on fav - desire. Seconded by Councilman orably. Chavenelle Justmann. Carried by the follow- Gilbert Manager ing vote: City Councilman Justmann mo, cd Yeas — Mayor Thorns, Lundh, receiv- men Brady, Justmann, that the communication be Mayor Stackis. , that and filed. Seconded by Nuys -- None. 570 Special Session, November 25, 1974 Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann. Lundh, Stackis. Nays — None, ORDINANCE NO. 65.74 An Ordinance Amending Ordi- nance No. 37.65 known as the "Street Parking Meter Ordi- nance of Dubuque, Iowa" as amended by repealing Ssction 6.1.1 of Parking Meter District 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 B there• of 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, presented. 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. 65.74 AN ORDINANCE AMENDING OR- DINANCE NO. 37-65 KNOWN AS THE "STREET PARKING METER ORDINANCE O F D U B U Q U E, IOWA" AS AMENDED BY RE. PEALING SECTION 6.1.1 OF PARKING METER DISTRICT A THEREOF AND ENACTING A NEW SECTION 6.1.1 OF DIST- RICT A IN LIEU THEREOF AND BY REPEALING SECTION 6.2.1 OF DISTRICT B AND SECTION 6.2.12 OF DISTRICT B THEREOF AND ENACTING A NEW SECTION 6.2.1 OF DISTRICT B AND ENACTING A NEW SECTION 6.2.12 OF DIST- RICT 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 DIST- RICT C IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREETS HERE- INAFTER DESIGNATED. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 37.61 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" be and the same is hereby amended by repealing section 6.1.1. of District A and enacting a new section 6.1.1 of District A; and by repealing section 6.2.1 and section 6.2.12 of District B and enacting a new section 6.2.1 and a new section 6.2.12 of Dist- rict B; and by repealing section 6.3.14 of District C and enacting a new section 6.3.14 of District C as follows: "6.1 Parking Meter District A — 6.1.1 Bluff Street, West Side between Seventh and Ninth Streets. 6.2 Parking Meter Dist- rict B — 6.2.1 Bluff Street, East side between Fifth and Sixth Streets and both sides between Sixth and Seventh Streets and both sides between Tenth and Eleventh Streets. 6.2.12 Tenth Street, North side between Central Avenue and Iowa Street. 6.1 Parking Meter District C --- 6.3.14 Ninth Street, both sides between Central Avenue and White Street." Passed, adopted and approved this 21th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Ivo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 2nd day of Dec- cmbcr 1974. Lco F. Frommelt City Clerk It. 12.2 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, November 22, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Special Session, November 25, 1974 571 My -Cap Vendors Incorporated re- I Solicitor be instructed to draft a reclassification from Sin- new section for off-street parking questing gle Family Residence District to and to remove subparagraph (i) in Multiple Residence District, with the Multiple Classification. Sec- inclusion in subparagraph (i) to onded by Councilman Stackis. Car - off-street parking on prop- ried by the following vote: permit erty described at Lots 1 through Yeas — Mayor Thoms, Council. 4 of "Humboldt Addition" in the Brady, Justmann, Lundh, Stackis.men City of Dubuque, Iowa.Na The four lots, collectively, com- Y sNone, prise a triangular parcel at the Communication of City Engineer intersection of West Thirty-second and Citizens Transportation Com - Street and Saunders Street. In mittee recommending the proposal 1967, the staff investigated the to construct a new toll plaza at zoning status of this parcel and the Dubuque Wisconsin Bridge, determined that it was not suitable presented and read. Councilman for development of a single fam- Justmann moved that the commu- ily residence. It was also noted nication be received and filed. Sec - that existing Light Industrial and onded by Mayor Thoms. Carried by Business uses in the vicinity have the following vote: created parking congestion along Yeas — Mayor Thoms, Council - men Brady, Justmann, Lundh, West Thirty -Second Street. It is the Commission Stackis. the opinion of that the proposed reclassification, Nays—None. ORDINANCE NO. 66.74 and use of the property for off- parking purposes, would be An Ordinance Authorizing Du. street appropriate for this property, buque & Wisconsin Bridge Co. to Thirteen notices of the public Construct New Toll Plaza, pre. sented and read. hearing were sent by certified mail to adjacent property owners. councilman Justmann moved thest had be con- ltreadi There was no written or oral ob that thedf'irsting sidered g of jection to the proposal. Zoning Com- Ordinance. Seconded by Mayor Ordinance. The Planning and has recommended that Carried by the following Thovote: mission you approve of this request. Yeas _Mayor Thoms, Council - CITY PLANNING AND ZONING COMMISSION , Stackis. a , Lundh, m Nays n lman std Daniel Dittemore Development Planner Councilman Justmann moved requiring an Ordi- Councilman Brady moved that that the rule to be read on three separate the communication be referred to in nance days be waived. Seconded by Ma- the City Solicitor and he be section for yor Thoms. Carried by the follow - structed to draft a new off-street parking and to remove Multiple ing vote'. Thoms, Council - Yeas -' subparagraph (i) in the Classification. Seconded by Coun• men Justmann, Lundh, Stackis. Councilman Brady. Gilman Stackis. Carried by the fol- s. NayORDINANCE N0. 66.74 1 lowing vote: i]. CWlndh AN ORDINANCE AUTHORIZING Yeas -- Mayor Thorns, Brady, Justmann, L w t Dubuque & Wisconsin Bridge Co. TO CONSTRUCT New Toll Plaza men Stackis. NOW THEREFORE BE IT ORDAIN- -IE CITY COUNCIL OF THE Nays—None. AN ORDINANCE amending Or. ED BY Ti CITY OF DUBUQUE, IOWA: I• That Dubuque & Wiscon- s the dinance No. 3.34, known a. and7.oning SECTION sin Bridge Co. as owners of the premises Point Bridge in the "Zoning Ordinance Map of the City Dubuque, known as The Eagle City of Dubuque, Iowa be, and they are Iowa", by amending Article 1V hereby granted the revocable permit and and maintain Toll thereof Section 2, Subsection k with authority to construct With Two Toll -Houses under the p to permit Off Street parking area: following described Plaza terms and conditions set forth ;n this ing the Lots 1, 2, 3, and 4 of "Humboldt in the City of Dubuque, Ordinance. secTION 2. That such construction with Plans Addition' Iowa, presented and read. Council, byan e andt be done crm;itec= and heretofore man Brady moved that the City 572 Special Session, November 25, 1974 approved by City Manager, under the sup- ervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. SECTION 3. That the permission herein 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 existence, location, installation, construction or maintenance of said Toll Plaza; 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 im- posed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said Toll Plaza, sustained by any person or persons, caused by accident or otherwise, to defend at its own ex- pense and on behalf of said City any claim against the City of Du- buque arising out of the location, installation, existence, construction or maintennace of Toll Plaza and to pay reasonable attorney fees there- for; c) To indemnify and hold City of Du- buque free and harmless from any and all claims, loss, liability and expense for injuries to third per- sons or damages to property of third persons, or for damage to any prop- erty of City of Dubuque which may occur as a result of or in connection with the location, installation, con- struction, maintenance and repair of the facility, work or improve- ment permitted herein. SECTION 4. That the permission herein granted is expressly conditioned upon per- mittees further agreement that should the right and privilege herein granted be re- scinded 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 Toll Plaza, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said Toll Plaza, 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 removal of said Toll Plaza. SECTION S. PERMITTEES covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construc- tion, 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 property damage against the permittee arising out of or in any way connected with the location, installation, construc- tion, design, repair and maintenance of the facility herein permitted. SECTION 6. This Ordinance shall be- come effective and the rights hereunder accrue to Dubuque de Wisconsin Bridge Co. when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Passed, approved and adopted this 21th day of November, 1974. Allan T. Thorns Mavor C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 66-74 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 66-74 hereby, for them- selves, their successors or assigns, as owners of abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be per- formed by permittees. Dated November 26, 1974 Dubuque & Wisconsin Bridge Co. By: J. A. Rhomberg Sec. - Tress. Published officially in the Telegraph Herald Newspaper this 2nd day of Dec- ember, 1974. Leo F. Frommelt City Clerk It. 12-2. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thorns. Carried by the following vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays—Councilman Brady. ORDINANCE NO. 67.74 Ordinance Renaming Portion of Front Street to Volunteer Drive, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the. Ordinnance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thorns, 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 - Special Session, November 25, 1474 573 yor Thoms. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None, ORDINANCE NO. 67-74 ORDINANCE RENAMING POR- TION OF FRONT STREET TO VOLUNTEER DRIVE WHEREAS, from time to time in the past, the City of Dubuque, Iowa has been visited with disastrous floods from the surging waters of the Mississippi River; and WHEREAS, during thme critical times during which the flooding waters of the Mississippi River threatened to destroy a substantial portion of this community; and WHEREAS, volunteer flood workers from all segments of the City's life and from surrounding territories as well as from foreign states worked tirelessly and diligently to stave off the ravages of the flooding Mississippi River; and WHEREAS, it is appropriate and proper that said volunteer flood workers be mem- oriali7cd and be acknowledged; NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the improved road- way, located on top of earthen Icvee from the northerly property line of Lincoln Avenue to the northerly property line of Hawthorne Street be and the same is and shall hereafter be known and named is, Drive." SECTION 2. That the City Clerk be and he is hereby ordered and directed to cause a certified copy of this ordinance to be filed in the office of the Recorder in and for Dubuque County, Iowa, and in the office of the Dubuque County Auditor. SECTION S. Any ordinance in conflict herewith be and the same is hereby re- pealed. Passed, approved and adopted this 25th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at 1525 Rhomberg Ave. to repair leaky main, presented and read. Councilman Justmann moved that the request be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None, ATTEST: Loo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 2nd day of Dec- ember, 1974. Leo F. Frommeh City Clerk it. 12-2. Councilman Justmann moved final adoption of the Ordinance. Petition of St. Elias the Prophet Greek Orthodox Church request- ing permission to place cannisters in business places soliciting funds for the Cyprus Relief Fund, pre- sented and read. Councilman Just - mann moved that the petition be referred to the City Manager for approval. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Ursula Drake re- questing a refund of $211.25 on un- expired portion of Beer -Liquor Li- cense No. C-1716, as she discon- tinued business 1P26-74, presented and read. Councilman Justmann moved that the refund be granted and the City Auditor directed to issue proper warrant. Seconded by Mayor Thoms. 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 Taking Bids for Construction of Waste Water Treatment Facilities, presented and read. Mayor p Thoms moved that the proof tion be. received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas ra yCouncil- men Brady, Justmann, Stackis. Nays --None. 574 Special Session, November 25, 1974 November 22, 1974 To the honorable Mayor and City Council Pursuant to your instructions, scaled proposals were received un- til 10:00 a.m. on November 6, 1974 for Phase 1I Contract 1V of the Waste Water Treatment Facilities. The lowest bid was submitted by J, P. Cullen and Son Construction Corporation of Janesville, Wiscon- sin. Their bid of $11,301,912 was 33.4`7 above the Engineer's Esti- mate. The staff and the consulting en- gineers have completed an inten- sive evaluation of the bid propos- als from the standpoint of capital expenditure, and federal and state grants available at this time. A summary of the Phase U financing is enclosed. On November 8, 1974 the City of Dubuque reiterated its request to the Iowa Department of Envi- ronmental Quality and the Federal Environmental Protection Agency for full grant entitlement on this program. We have received formal ap- proval of the low bid submitted by J. P. Cullen from the offices of the Iowa Department of Envi. ronmental Quality and the Federal Environmental Protection Agency. We have met with representatives of industries with whom we intend to write sewage disposal contracts. We have their assurance that they will pay their allocated costs. Therefore, 1 recommend that the contract be awarded to J. P. Cul. len and Son Construction Corpo- ration. Gilbert D. Chavenelle City Manager Mayor Thorns moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays --Councilman Brady. RESOLUTION NO. 404-74 Resolution Awarding Construc. tion Contract to Low Bidder for Construction of Phase 11 Waste Water Treatment Facilities, Con- tract IV. WHEREAS, the City Council of the City of Dubuque caused Notice of Invitation for Bids to be pub- lished inviting contractors to bid for the construction and erection of Phase II Waste Water Treat- ment Facilities, Contract IV; and WHEREAS, Notice of Taking Bids for such work was published on October 4 and October 11, 1974; and WHEREAS, the bids were op- ened at 10 a.m. November 6, 1974; and thereafter said bids were tab- ulated and the low bidder was de- termined to be .1. P. Cullen & Son Construction Co., whose bid was in the amount of $11,301,912; and WHEREAS. it is necessary to pay for the cost of such erection and construction from Federal and State grants, Sanitation Sewage Rental Fund, and from the pro- ceeds of sale of $2,000,000 General Obligation Bonds, which bonds are scheduled to he sold on December 12, 1974; and WHEREAS, it is the sense of the City Council of the City of Du- buque, Iowa that said contract up- on the low bid of J. P. Cullen & Son Construction Co. should be awarded to said contracting firm subject to and on condition that no contract be entered into until the actual sale of said General Ob- ligation Bonds. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa as fol- lows: Section 1. That the contract for the construction of Phase U Waste Water Treatment Facilities, Con- tract IV which, among other things, consists of the following: An Intermediate Lift Station, High Oxygen Treatment Process, High Oxygen Generation Facilities, Four Final Clarifiers, Final Pump- ing Station, Administration Build- ing Lab Addition, Thermal Condi- tioning Building, Miscellaneous Site Piping, Splitter Boxes, Electri- cal and Mechanical, Existing Plant Modifications, Concrete Roadway and Plant Site Landscaping, be awarded to J. P. Cullen & Son Con. struction Co. subject to and upon condition that the sale of $2,000,000 General Obligation Bonds be con- summated, which sale is presently scheduled to be held on December 12, 1974. Special Session, November 25, 1974 575 Section 2. That. no contract be that the cost thereof, to the entered into with said Contractor amount of $2,000,000, be now pro - until such sale of General Obliga- vided for by the issuance of bonds tion Bonds is finally consummated. payable from the proceeds of taxes Section 3. City Council acknowl- levied I on all the taxable property edges and understands that the in said City as authorized and per - said Contractor by letter has ex- milted by Section 396.22 of the tended its offer as low bidder for Code of Iowa, 1973, as amended, said contract work to December but it is necessary to first provide 16, 1974 inclusive. for notice and hearing in the man - Passed, adopted and approved ner and form required by Chapter this 25th day of November, 1974. 123 of the Code of Iowa; Allan T. Thoms NOW, THEREFORE, Be It Re - Mayor solved by the City Council of the C. Robert Justmann City of Dubuque, Iowa, as follows: Emil Stackis Alvin E. Lundh Section 1. That this Council Councilmen meet at the Council Chambers in the City Hall in said City on the Attest: 12th day of December, 1974, at Leo F. Frommelt 1:00 o'clock P.M., at which time City Clerk Mayor Thoms moved adoption of and place proceedings will be in - d action taken for the stituted andicti the resolution. Seconded by Coun- issuance Sewer Bonds Gilman Lundh. Carried by the fol ,000 for the purpose of paying the cost, lowing vote Yeas — Mayor Thoms, Council- to that amount, of building and constructing sewers and improv - men Justmann, Lundh, Stackis. ing the sewer outlet and purifying Naps --Councilman Brady. plant in and for said City. At 8:40 P.M. Mayor Thoms Section 2. The City Clerk is here - moved to go into Executive Ses- by directed to give notice of pro- f sion to discuss Legal ramifications posed action for the issuance of and possible suits on contract. Sec- said bonds, setting forth the onded by Councilman Justmann. amount and purpose thereof, the Carried by the following vote: time when and place where said Yeas — Mayor Thoms, Council- meeting will be held, by publica- men Brady, Justmann, Lundh, tion at least once not less than Stackis. fifteen (15) days before said meet- Nays—None. ing, in the "Telegraph -Herald;' a Council reconvened in Regular newspaper published and having a within said Session at 8:54 P.M. general circulation shall be in sub - Mr. Paul Ombruni of H. D. & R. by request, City. Said notice stantially the following form: addressed the Council relative to consultant fees in the NOTICE OF MEETING FOR construction of the Sewage Treat- ISSIJANCE OF SEWER BONDS menti Plant due to the fact that The City Council of the City of the final contract amount was con- Dubuque, in Dubuque County, the 12th day of siderably more than their estimate. discussion, Mr. Iowa, will meet on 1974, at the Council After considerable Ombruni assured the Council that December, Chambers in the City Hall, Du - the fees will be frozen at $590,000 buque, Iowa, at 1:00 o'clock P.M., on the original estimate. for the purpose of instituting pro - ion for the aSewer RESOLUTION NO. 405.74 Bonds issuan e, and taking issuance of $2,000,000 RESOLUTION to fix a date o4 said Cite, bearing interest at a meeting at which it is proposed of rate or rates not exceeding Seven for the to take action for the issuance Bonds' per cent (7%) per annum, defraying the cost, to of $2,000.00 Sewer purpose of WHEREAS it is necessary and that amount, of building and con - for the best interests of the CrtY strutting sewers and improving its inhabi- outlet and purifying of Dubuque, Iowa, and tants to build and construct Cer the sewer lent in and for said City. p the date of tain sewers and improve the sewer in and At any time before a petition or petitions outlet and purifying plant said meeting for said City, and it is necessary 576 Special Session, November 25, 1974 setting forth objections thereto may be filed in the office of the City Clerk as permitted by law. By order of the City Council November 25, 1974. Leo F. Frommelt City Clerk Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and this resolution shall be effective forthwith upon its passage and approval. Passed and approved November 25, 1974. Allan T. Thorns Mayor Attest: Leo F. Frommelt City Clerk Recorded November 25, 1974. Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- i lowing vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays --Councilman Brady. RESOLUTION NO. 406.74 RESOLUTION providing for the advertisement of $2,000,000 Sew- er Bonds. WHEREAS, the City Council of the City of Dubuque, Iowa, has heretofore determined it to be ad. visable and necessary to build and construct certain sewers and im- prove the sewer outlet and purify- ing plant in and for said City and it is necessary and for the best in- terests of said City that $2,000,000 Sewer Bonds contemplated to be issued to pay the cost thereof, to that amount, be offered for sale in the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Sewer Bonds of said City in the amount of $2,000,000 be advertised for sale, such bonds to be dated December 1, 1974, bearing interest payable May 1, 1975, and semi-annually thereafter, and maturing in numer- ical order $200,000 on May 1 of each of the years 1976 to 1985, inclusive, and that bids be request- ed for action thereon at the Coun- cil Chambers in the City Hall in said City at 1:00 o'clock P.M., on December 12, 1974, and that the City Clerk be and he is hereby authorized and directed to publish notice of such sale once each week for at least two consecutive weeks in the "Telegraph -Herald," a news- paper published and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved November 25, 1974. Allan T. Thorns Mayor Attest: Leo F. Frommelt City Clerk Recorded November 25, 1974. 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 Justmann, Lundh, Stackis. Nays—Councilman Brady. Communication of Dubuque Transit Trustee Board requesting permission to substantiate their re- quest for concurrence by the Coun- cil that replacement equipment is urgently needed, 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. Members of the Dubuque Transit Board, George Deininger, Chester Solomon and Doris Riekena, along with a representative from De- Leuw-Cather, also Frank Bates, a representative of G. M. C. Bus Di- vision addressed the Council rela- tive to equipment needs for the bus system. RESOLUTION NO. 384.74 Resolution Authorizing the Fil- ing of an Application with the Department of Transportation, United States of America, for a Special Session, November 25, 1974 577 Grant under the Urban Mass Transportation Act of 1964, as amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transporta- tion projects; WHEREAS, the contract for fi- nancial assistance will impose cer- tain obligations upon the appli- cant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U. S. Department of Transporta- tion in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for as- sistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an as- surance that it will comply with Title VI of the Civil Rights Act of 1964, and the U. S. Department of Transportation requirements there- under; NOW, THEREFORE, BE IT RE_ SOLVED by the City- Council of the City of Dubuque, Iowa, as follows: Section 1: That the Chairman of Dubuque Transit Authority is au- thorized to execute and file an ap. plication on behalf of Dubuque Transit Authority with the U. S. Department of Transportation, to aid in the financing of a grant un- der the Urban Bass Transportation Act of 1964. Section 2: That the Chairmen of Dubuque Transit Authority is au- thorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transpor- tation effectuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3: That William Kohler, manager of Dubuque Transit Au- thority, is authorized to furnish such additional information as the U. S. Department of Transporta- tion may require in connection with the application or the project. Passed, approved and adopted this 25 day of November, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays --None. November 22, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the petition of Bert T. and Hazel R. Hillary to voluntarily an- nex their property located on Rockdale Road and described as ".Jungwirth's Morocco." The Commission has found that the property is contiguous to the City limits of the City of Dubuque, Iowa, and that municipal services can be provided to the area. The I'lanning and Zoning Commission has recommended that the petition be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays --None. RESOLUTION ANNEXING CERTAIN TERRITORY TO THE CITY OF DUBUQUE, IOWA N0. 407-74 WHEREAS, the owners of an area approximately 1.44+ acres in size located on the Rockdale Road and 210 feet southwesterly on the westerly street line thereof from the north section line of Section 1, Township 88 North, Range 2 East of 5th Principal Meridian, have made application for Annexa- tion fDu- buque, Da tion of property to City Iowa, and WHFREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in, 578 Special Session, November 25, 1974 corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is incor- porated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1958, authorizes the exten- sion of City limits in situations of this character by the adoption of a resolution therefore; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Du- buque, Iowa be and they are here- by extended to include the area comprising the following described real estate: Jungwirth's Morocco in Dubuque County, Iowa This area is as shown on the plat attached hereto, and by this reference made a part hereof, the boundaries of said area being out- lined in red thereon. Passed, adopted and approved this 25th day of November, 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 408.74 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 LICENSE Thomas Ehlinger, The fink Pan- ther Lounge, 2.417 Rhomberg Avenue Town Clock Inn, Incorporated, Nesler Center, 8th and Main Passed, adopted and approved this 25th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. I.undh 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, Coun- cilmen Brady, Justmann, I.undh, Stackis. Nays—None. RESOLUTION NO. 409-74 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, NOW THEREFORE BE IT RF 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 Thomas Ehlinger, The Pink Pan- ther Lounge, 2417 Rhomberg Avenue Town Clock Inn, Incorporated, Nesler Center, 8th and Main Special Session, November 25, 1974 579 Passed, adopted and approved this 25th day of November 1974. Allan T. Thoms Mayor .James E. Brady C. Robert Justmann Emil Stackis Algin E. Lundh Councilmen Attest: I.eo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 410.74 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 granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Marian ,1. Bridge, 139 Locust Street CLASS "C" BEER PERMIT Earl John Tegeler, 2311 Windsor Street Thompson's Food Markets, Inc., 1256 Iowa Street Passed, adopted and approved this 25th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: I..eo 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 411.74 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 Marian J. Bridge, 139 Locust Street CLASS "C" BEER PERMIT Earl John Tegeler, 2311 Windsor Street Thompson's Food Markets, Inc., 1256 Iowa Street Passed, adopted and approved this 25th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis, Carried by the following; vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann. Lundh, Stackis. Nays—None. There being no further business, Mayor Thoms moved that the meet- ing be adjourned. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Leo F. Frommelt City Clerk 1580 Special Session, November 25, 1974 Approved February 10, 1975 Addopted February 10, 1975 Regular Session, December 2, 1974 581 CITY Council OFFICIAL R e g u l a r Session, December 2, 1974. Council met at 7:30 P.M. (C.S.T.) Preseni—Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mavor Thoms read the call and stated thatservice thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such bmi- ness as may properly come before the meeting. Playground & Recreation Com- mission submitting minutes of their meeting of November 18, 1974, pre- sented and read. Mayor Thoms moved that the minutes be receiv- ed and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady. Justmann, Lundh. Stackis. Nays — None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of No- vember 19, 1974, presented and read. Mayor Thoms moved that the minutes be received and filed. Sec. onded by Councilman 1.undh. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, ,lustmann, Lundh, Stackis. Nays — None. Communication of lows Depart- ment of Environmental Quality submitting construction permit No. 74-378-S for Waste Water Treat. ment Facilities Phase 11 Contract IV, 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 I)elos Dorwei- ler expressing desire to construct a single family 4 or 5 bedroom for rental under FHA 23 Program. 75%, sub,;idiced on his lot at Kew nedy & Carter, presented and read. Mayor Thoms moved that the com. munication be received and filed and referred to Planning & Zon. ing Commission. Seconded by Councilman Stackis, Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Dubuque Advisory Commission submitting minutes of their meet- ing of November 26, 1974 and com. munication from Dave Clemens re- questing permission to address the Council, presented and read. Mayor Thoms moved to suspend the rules to let anyone present address the Council if they so de- sire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Dave Clemens addressed the Council relative to neighborhood parks, particularly in the 3rd Street area. Mayor Thoms moved that the minutes of the Advisory Commission be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays -- None. November 22, 1974 Honorable Mayor and City Council On October 31, 1974, James R, Schlegel, 1085 W. 32nd, Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $25 and alleging in said claim that said damages occurred on October 30, 1974, as the result of a City owned truck backing over and de- molishing his mailbox at said ad- dress. This matter was referred to the appropriate City Agency who has made an investigation thereof and has reported to this office that said claim had been amicably set- tled. It is therefore the recommen. dation of the City Attorney that the claim of James R. Schlegel be denied. Original claim is returned here- with. R. N. Russo City Attorney 582 Regular Session, December 2, 1974 Mayor Thoms moved that the ' communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady. Justmann, Lundh, Stackis. Nays—None. Notice of Claim of Merlin Lang- kamp, in an estimated amount of $125, for damage incurred as the result of a sewer back-up at 2977 Wildwood Ave. Apt. 6 nn October 26, 1974, presented and read. Ma- yor Thoms moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh. Stackis, Nays—None. Notice of Claim of Theresa Rud- zianski, in the amount of $45, for car damage incurred as the result of striking a hole in the street on McCormick off University on No- vember 25, 1974, presented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Appeal to the District Court in the matter of condemna- tion for the purpose of erecting, constructing, operating and main- taining a sanitary land fill, pre- sented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays --None. ORDINANCE NO. 68.74 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 37 of Schedule VI th-reof and repealing Section 52 of Schedule VI thereof and repealing Section 84 of Schedule VI thereof and enacting a new Section 37 to Schedule VI thereof and enact. ing a new Section 52 to Sched- ule VI thereof and enacting a new Section 84 to Schedule VI in lieu thereof to provide that Motor Vehicles Shall be Prohib- ited from Parking on Streets as Hereinafter Designated, present- ed and road. 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, Coun- cilmen 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 68-74 AN ORDINANCE AMENDING ORD- INANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SECTION 37 OF SCHEDULE VI 1'11EREOF AND REPEALING SEC- TION 32 OF SCHEDULE VI THEREOF nND REPEALING SECTION 84 OF SCHEDULE VI THEREOF AND EN- ACTING A NEW SECTION 37 TO SCHEDULE V1 THEREOF AND EN- ACTING A NEW SECTION t2 TO SCHEDULE VI THEREOF AND EN- ACTING A NEW SECTION 84 TO SCHEDULE VI IN LIEU THEREOF TO PROVIDE THAT MOTOR VFH- 1CLES SHALL BE PROHIBITED FROM PARKING ON STREETS AS HEREIN- AFTER DESIGNATED. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Ordinance No. 33-49 known as the "Traffic Code of Dubuque. Iowa" as amended be and the same is hereby amended by repealing Section 37 of Schedule Vi thereof and by repealing Section 12 of Schedule VI thereof and by repealing Section 84 of Schedule VI there- of andby enacting in lieu thereof a new Section 37 to Schedule VI thereof and by enacting a new Section 52 to Schedule VI thereof, and by enacting a new Sec- tion 84 to Schedule VI as follows; to -wit: "Schedule VI I In accordance with Section 16.22 and Regular Session, December 2, 1974 593 when signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the fol. lowing described streets or parts of streets: 37. On the south side of West Tenth from Central Avenue to Iowa Street and both sides from Locust Street to Bluff Street. 52. Both sides of Bluff Street from Dodge Street to Jones Street and the west side from Jones Street to West First Street and the east side from West Seventh Street to West Ninth Street and both sides from West Ninth Street to West Tenth Street. 84. Both sides of West Ninth Street from Bluff Street to University Ave- nue and the south side from Bluff Street to Iowa Street and both sides from Iowa Street to Central Avenue." Passed, approved and adopted this 2nd day of December. 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Bradv Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of Dec- ember 1974. Lco F. Frommelt City Clerk. It. 12-5. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car. ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays --None, Request of Mrs. Tom Gibbs of 1333 Kaufmann Ave. to address the Council relative to a building problem, also request of Wanda Kronfeldt relative to a building problem in another area, presented and read. Mayor Thoms moved that the request be tabled and re- ferred to the City Manager and be brought back one week hence for further discussion. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Lundh, Stackis. Nays --Councilmen Brady, Just - mann. Petition of Vernon E. Puls et al (12 signers), neighbors of Thomas Gibbs, requesting that Mr. Gibbs be allowed to proceed with instal- lation of electricity in his newly constructed studio, presented and read. Mayor Thoms moved that the petition be tabled and referred to the City Manager and be brought back one week hence for further discussion. Seconded by Council. man Justmann, Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider sale of Lot 11 in Walter's Sub. to Charles Hemmer, 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. 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 412.74 WHEREAS, pursuant to Resolu- tion to publish 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 the 31st day of October, 1974 and the 7th day of November, 1974, City Council of the City of Dubuque, Iowa, met on the 2nd day of De. cember, 1974, at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider pro- posal to dispose of interest of the City of Dubuque, Iowa, in real es- tate, hereinafter described to Charles Hemmer; and WIIEREAS, City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the hereinafter described real estate to Charles Hemmer; NOW THEREFORE BE IT RE- SOLVED by the City Council of the Citv of Dubuque, Iowa: Section 1: That the disposal of interest of City of Dubuque, Iowa, in the following described real es- tate, to -wit: 584 Regular Session, December 2, 1974 Lot 11 in "Watter's Subdivision" of part of Wooten's Addition in the City of Dubuque, Iowa, ac- cording to the recorded plat of said Addition to Charles Hemmer for the pur- chase price of Twenty-five Hun- dred ($2.500.00) Dollars, and costs of publication and any platting costs, and conveyance will be by Quit Claim Deed. 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 Charles Hemmer upon receipt of the pur- chase price. 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 Recorder. Passed, approved and adopted this 2nd day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION OF BOARD OF PARK COMMISSIONERS WHEREAS, the Board of Park Commissioners of the City of Du- buque, Iowa, is the owner of a parcel of real estate described as: I.ot 2 of I.ot 1 of Lot 1 of Eagle Point View in the City of Du- buque, Iowa, according to the recorded plat thereto, and; WHEREAS. John V. Meehan and Naomi R. Meehan, are the owners of real estate described as: Lot 2 of Eagle Point View in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof and; WHEREAS, due to location, pres- ent use and future contemplated uses of said properties, the parties are desirous of exchanging said parcels of real estate and such ex- change is authorized under Section 368.39, 1973 Code of Iowa, as amended; and; WHEREAS, said properties be- ing of the same approximate ap- praised monetary value, the Board of Park Commissioners of the City of Dubuque, Iowa, deems it in the best public interest that said ex. change be effected; NOW TITEREFORF, BE IT RE- SOLVED by the Board of Park Commissioners of the City of Du- buque, Iowa: Section 1. That the exchange of the two parcels of real estate here- in above described and respective- ly owned by the Board of Park Commissioners of the City of Du- buque. Iowa, and John V. Meehan and Naomi R. Meehan be and the same is hereby approved. Section 2. That at the appropri- ate time, that the Chairman of the Board of Park Commissioners of the City of Dubuque, Iowa be au- thorized and empowered to execute a deed conveying the interest owned by it in said real estate and that same be delivered upon receipt of duly executed deed by John V. Meehan and Naomi R. Meehan conveying same. Passed, approved and adopted this 12th day of November. 1974. Dominic Goodmann Chairman Thomas G. Schrup Frederick R. Appel Attest: Thomas G. Schrup Secretary Mayor Thoms moved that the resolution be received and filed and made a matter of record. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing, to consider sale of Lot 2 of 1 of 1 of Eagle Point View in exchange for property from John V. & Naomi R. Meehan known as Lot 2 of Eagle Point View, present- ed and read. No written objections were filed and no oral objectors Regular Session, December 2, 1974 585 were present in the Council Cham - her at the time set for the hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays— None. RESOLUTION NO. 413-74 WHEREAS, pursuant to Resolu- tion to publish notice of time and place of hearine published in the Teleeraph-Iferald, a newspaper of General circulation published in the City of Dubuque, Iowa, on the 1 31st day of October, 1974 and the 7th day of November, 1974, City Council of the City of Dubuque. Iowa, met on the 2nd day of D(- cember. 1974, at 7:30 o'clock P.M. (Central Standard Time) in the Council Chamber, Dubuque, Iowa. to consider proposal to dispose of interest of the Board of Park Com- missioners of the Cite of Dubuque, Iowa, in real estate, hereinafter de. scribed to John V. Meehan and Naomi R. Meehan, husband and wife: and WHEREAS, the City Council of the City of Dubuque, Iowa, over- ruled any and all objections, oral or written, to the proposal to dis- pose of interest of the Board of Park Commissioners in the here. inafter described real estate to John V. Meehan and Naomi R. Meehan, husband and wife: NOW TIIEREF )RE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the disposal of interest of the City of Dubuque, Iowa, in the following described real estate, to -wit: Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Du- buque, Iowa, according to the recorded plat thereto, to John V. Meehan and Naomi R. Meehan, husband and wife, in ex- change for a parcel of real estate owned by said grantees, described as follows: Lot 2 of Eagle Point View in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, be and same is hereby approved. Section 2: That the Mayor and City Clerk, City of Dubuque, Iowa, be and they are hereby authorized and directed to execute deed of conveyance conveying the above described real estate to John V. Meehan and Naomi R. Meehan, husband and wife, and deliver said deed upon receipt of duly executed Warranty Deed conveying to the City of Dubuque, Iowa, the herein and above described real estate owned by the Meehan. 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 2nd day of December, 1974. Allan T. Thoms Mayor .Tames E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays.—None. MATCHING RESOLUTION RESOLUTION NO. 414.74 WIWIREAS, the City of Dubuque. Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 1975 cash funds for the following Iowa Crime Commission projects: Brief Description of Projects -- Area Administration for the North- east Iowa Area Crime Commission. Amount of funds being provided— $832.25. IN FURTHER RESOLVE that we will provide in-kind match dur- ing the calendar year of ........ for the following projects: Brief Description of Project Type of In-kind—(Salary, pace, etc.) Valuation of Ii, -kind Provided 588 Regular Session, December 2, 1974 Passed this 2nd day of Decem- complianceinances of the the t rms of the her. 1974. Allan T. Thoms Mayor James E. Brady C. Robert .lustmann Emil Stackis Alvin E. Lundh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 415.74 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. Thomas Ehlinger, The Pink Pan- ther, 2417 Rhomberg Avenue Passed, adopted and approved this 2nd day of December 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh 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. RESOLUTION NO. 416-74 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 CLASS "C" BEER PERMIT Osco Drug, Inc.. 703 Main Street Hartig Drug Company, 2225 Cen- tral Avenue Hartig Drug Company, 700 Main Street Hartig Drug Company, 2255 J. F. Kennedy Road Hartig Drug Company, 97 Locust Street Passed, adopted and approved this 2nd day of December 1974. Allan T. Thoms Mayor C. Robert Justmann .lames F. Brady Emil Stackis Alvin E. Lundh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 417.74 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 "C" BEER PERMIT Osco Drug, Inc., 703 Main Street Hartig Drug Company, 2225 Cen- tral Avenue Hartig Drug Company, 700 Main Street Hartig Drug Company, 2255 J. F. Kennedy Road Hartig Drug Company, 97 Locust Street Regular Session, December 2, 1974 587 Passed, adopted and approved this 2nd day of December 1974, Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh 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. RESOLUTION NO. 418-74 WHEREAS, anplications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined. NOW THEREFORE. BF, 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 LICENSE Coletta A. Oyen, Aragon Tap, 1103 Iowa Street Passed, adopted and approved this 2nd day of December 1974. Allan T. Thoms Mayor C. Robert Justmann James F. Brady Emil Stackis Alvin E. Lundh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 419.74 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, 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 Coletta A. Oyen, Aragon Tap, 1103 Iowa Street Passed, adopted and approved this 2nd day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert. Justmann Emil Stackis Alvin E. Lundh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. At 9:55 P.M., Mayor Thoms moved to go into executive session to consider appointments to vari- ous Boards and Commissions. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Council reconvened in regular session at 10:22 P.M.eor Thorns moved the reappointment Wayne Moldenhauer to the Dock COmlllission, term expiring Novem ber 26, 1977. Seconded by Council. man Lundh. Carried by the follow- ing vote: ho Yeas — Mayor Tms, Council - Yeas I men Brady, Justmann, Lundh. Nays --Councilman Stackis. There being no further business, Councilman Justmann moved to ad- journ the meeting. Seconded by 588 Regular Session. December 2, 1974 Councilman Lundh. Carried by the following vote: j Yea_ -s — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Leo F. Frommelt City Clerk February....1975. Approved February 10, 1975 Adopted February 10, 1975 Special Session December 9, 1974 589 CITY COUNCIL OFFICIAL Special Session, December 9, 1974. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Thoms, Coun• cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mavor Thoms read the call and stated that service thereof had been duh , made and this mectine is called to CONDUCT A PUBLIC HEARING ON AN INTERIM ORDI- NANCE RFOIIIRINI", A SPECIAL PERMIT FROM THE BOARD OF Arnn1STMENT TO ALLOW THE EXTFRIOR ALTERATION OF BUILDINGS WITHIN A CERTAIN AREA and acting upon such other business as may properly come be- fore a regular meeting of the Council. Communication of Dubuque Homebuilders & Associates dis- agreeing with the propnaed in- crease in the cost of building in- spection in the proposed City Building Code, presented and read. Councilman Srtackic moved that the communication be referred to the Council. Seconded by Council- man T,undh. Carried by the fol- lowing vote: Yeas — Mayor Thoms. Coun- cilmen Brady. Justmann, Lundh, Stackis. Nays—None. Communication of Duhuclue T'ark Board recommending the installa- tion of two tennis courts and fenc- ing the area on the Third Street reservoir at an estimated cost of $10,777.50, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady. .lustmann, Lundh, Stackis. Nays --None. December 6, 1974 To the Honorable Mayor and City Council The question of tennis courts be- ing placed on the Third Street wa- ter reservoir is before you for con- sideration. Before the final deter- mination is made I request that consideration be also given to the needs of the water department. For your information I am en- closing a copy of a letter written by Mr. Hail, in which he discusses the need for protecting the reser- voir. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be re- ferred to the Advisory Commission for investigation and report. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Robert L. Day Sr., expressing opposition to use of chartered air service in the manner recently used by members of the Council in connection with the signing of the new Mass Tran- sit Bill in Washington, presented and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms. Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque Deanery, Court Dubuque, C.D.A., Catholic Mothers Study Clubs, Third Order of St. Francis, J. F. K. Council Knights of Columbus, Family Rosary Group, Padre Pio Prayer Group protesting the show. ing of Triple X films and the open- ing of a Triple X Theatre on South Main Street, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, CouneU- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Mrs. John Hei- derscheit'president of Dubuque Deanery Council of Catholic Wom- en, objecting to the proposed Tri- ple X Theatre coming to Dubuque, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by 590 Special Session, December 9, 1974 ._ ............. Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Richard C. Wagener of 1970 Winne Court ob- jecting to the proposed Triple X Theatre and they not be issued a j permit, presented and read. Mayor Thoms moved that the communi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Packet of information submitted by Mrs. Mary Lee Marting of 360 Mississippi View Drive relative to legislation as to each State adopt- ing their own obscenity law, pre- sented. Councilman Justmann moved to suspend the rules to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady. Justmann, Lundh, Stackis. Nays—None. Mrs. Mary Lee Marting ad- dressed the Council by stating that a movement is being started to have legislation changed at the State level to deal with the obscen- ity law, by reducing the age to 17, whereby obscenity will be legal- ized. She also is interested in pro- moting the work of "Citizens for Decency Through Law" to free America from the grip of the Com- mercial Pornographers. Mayor Thoms moved that the packet be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 5, 1974 Honorable Mayor and Members of the City Council I have approved the following sidewalk construction bond and de- sire to have your approval of same for filing. Richard Anthony d/b/a Anthony Construction Co„ U. S. Fidelity & Guaranty Co. Bond No. 20- 0130-590.74 term ending Novem- ber 25, 1975. Gilbert D. Chavenelle City Manager Councilman Lundh moved that filing be approved. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council men Brady, Justmann, Lundh, Stackis. Nays — None. Notice of Claim of Eldon Oyen, in the amount of $664.08, for car damages incurred as the result of striking manholes in Rosemont Street on December 3, 1974, pre- sented and read. Councilman Lundh moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas -- Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider an Interim Or- dinance in the Fourth & Fifth Street area, presented and read. 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, Stackis. Nays—None. A Proposed Interim Ordinance requiring a special hermit from the Board of Adjustment to allow the exterior alteration of any building located within the area "Beginning at the southwest cor- ner of West Fifth Street and Bluff Street thence southerly along the west side of Bluff Street to the northwest corner of the intersec- tion of Bluff Street and Emmett Street, thence westerly along the north side of Emmett Street to the northeast corner of the inter- section of Emmett Street and St. Mary's Street, thence northerly along the east side of St. Mary's Street and continuing along the east side of the extension of St. Mary's Street to its intersection with West Fifth Street, thence Special Session, December 9, 1974 591 easterly along the south side of West Fifth Street to its intersec- tion with Bluff Street, which is the point of beginning", and fur- ther requiring a Ninety (90) day waiting period prior to the issu. ance of a demolition permit for any building located within such aforementioned area, having been previously read at the meeting of October 14, 1974, presented. Coun- cilman Lundh moved that the Pro- posed Interim Ordinance be NULL AND VOID. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady. Justmann, Lundh, Stackis. Nays—None. December 6, 1,974 Honorable Mayor and Councilmen City Hall The City of Dubuque Planning and Zoning Commission has held a public hearing on an interim form of historical preservation or- dinance which proposed to regu- late exterior alterations and de- molition of structures in the West Fourth Street Neighborhood. Prior to its public hearing, the Commission staff had met with representatives of the neighbor- hood. Notice of the ordinance and public hearing had also been sent to all owners of property within the area of application of the or- dinance. The record of public hearing re- marks has been transmitted to you in the Commission minutes of No- vember 20, 1974. Those remarks revealed a consensus within the neighborhood that the restriction on exterior modification was too broad to gain acceptance by prop- erty owners, and that a more eh uto able and effective app preservation should also include other neighborhoods containing concentrations of historically or architecturally significant strut tures. In response to this view. the Commission voted unanimously t( recommend that you reject the in terim historical preservation ordi nanee in its present form. The Commission has also instructed it! staff to prepare a revised form o ordinance to contain only the re straint on building demolition will such restraint to be made applica- ble in all neighborhoods of histor. ical or architectural significance. An ordinance, so revised will be reviewed by the Commission at its meeting of December 18, 1974, and we anticipate that a public hearing would follow in January. A copy of this revised ordinance is attached for your information. We request that the Council with. hold action on it pending comple- tion of efforts by the Planning and Zoning Commission, CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed and referred to the Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady. Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to consider amending the Traffic Ordinance by enacting a new subsection 95 to Schedule VI to prohibit parking on the north side of Ungs Street from Clarke to Hoyt Street, presented and read. No written objections were filed. !lir. William Olson voiced objection as to prohibiting parking on the north side of Ungs Street. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried bythe following vote: Yeas — Mayor Thoms, Coun- cilmen Brady. Justmann, Lundh, Stackis. Nays—None. AN ORDINANCE Amending Or- dinance No. 33.49 known as the "Traffic Code of Dubuque, Iowa." as amended, by enacting a new Subsection 95 to Schedule VI there- of to prohibit parking of motor ve- hicles on the North side of Ungs Street from Clarke Drive to Hoyt Street, said Ordinance having been previously read at themeeting eti and November 25, 1974, pre read. Mayor Thoms moved that the ordinance be referred to the City Manager for investigation and re- port. Seconded by Councilman Lundh. Carried by the following vote: 592 Special Session, December 9, 1974 Yeas — Mayor Thorns. Coun. cilmen Brady, Justmann, Lundh, Stackis. Nays --None. Petition of Thompson's Food Markets Inc., requesting transfer of Beer License from 2119 Rhom. berg Ave. to 1101 Rhombera Ave.. presented and read. Mayor Thorns moved that the request be ap. proved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady. Justmann, Lundh, Stackis. Nays—None. Petition of Nelson M. 'Norwood Sr., requestine a refund of $150 on the unexpired portion of Class "B" Beer Permit #B-1198, presented and read. Mayor Thorns moved that the refund be granted and the City Auditor be directed to issue prop- er warrant. Seconded by Council- men Lundh. Carried by the follow- ing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nags—None. RESOLUTION NO. 420.74 Authorizing an Extension of the Advertising Period for Receipt of Proposals for the Develop- ment of Privately Owned Hous- ing. WHEREAS, under date of No- vember 4, 1974, the City Council of the City of Dubuque adopted Resolution No. 375-74 authorizing the receipt of proposals for the development of privately owned housing pursuant to Eection 23 of the U.S. Housing Act of 1937, as amended; and WHEREAS, pursuant to said res- olution, an Invitation for Propos- als was published in The Tele- graph Herald, on 'November 7, 1974, and November 14, 1974, re- quiring that proposals be received no later than December 13, 1974; and WHEREAS, in response to such invitation Developer's Packets have been provided to certain de- velopers; and WHEREAS, it appears to be in the best interest of the City of Du- buque in order to provide adequate time to prepare and to solicit ad- ditional proposals to extend the time in which all proposals shall be submitted to the City of Du. buque; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the time by which all proposals are to be sub- mitted pursuant to the Invitation for Proposals for the development of privately owned housing in ac- cordance with the regulations of the U.S. Department of Housing and JTrban Development is hereby extended to 10:00 o'clock AM, CST, December 30, 1974. SECTION 2. That the Director of the Department of Community Development is hereby authorized and directed to publish notice of The extension of time and to per- sonally advise with written con- firmation all developers who have obtained a Developer's Packet. Passed, approved, and adopted this 9th day of December, 1974. Allan T. Thorns Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thorns. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Lundh, Stackis. Nays -- Councilmen Brady, Just - mann. November 25, 1974 To the Honorable Mayor and City Council The 1973 Concrete Sidewalk Pro- gram has been completed sub- stantially in accordance with plans and specifications by Ray McDon- ald Construction of East Dubuque, Illinois. Mayor Thoms moved that the communication be. received and filed, Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Special Session, December 9, 1974 593 FINAL ESTIMATE RESOLUTION NO. 421-74 WHEREAS, the contract for the 1973 Concrete Sidewalk Program has been completed and the City Engineer has submitted his final estimate showing the cost thereof includine the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $24,628.31. That 58,669.22 of the cost there- of shall be assessable upon private property and $15.959.09 shall be paid from fhe Street Fund of the City of Dubuque. Passed, adopted and approved this 9th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh 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, Coun. cilmen Brady, Justmann, Lundh, Stackis. Nays—None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 422-74 W11ERF.AS, the contract for the 1973 Concrete Sidewalk Program 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 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 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 91h day of December, 1974. Approved: Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. I.undh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. November 29, 1974 Honorable Mayor and City Council This is to advise you that the improvement of Tenth Street from Locust to Bluff, and the intersec- tion of Ninth and Bluff, TOPICS Project No. T-735.7(2)- 4-31, Con- tract No. 2, has been substantially completed in accordance with the City of Dubuque plans and speci- i fications. 1, therefore, recommend the ae- jceptance of the above-named proj- ect. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman 1,undh. Carried by the following vote: 594 Special Session, December 9, 1974 Yeas — Mayor Thorns, Council- men Lundh, Stackis. Nays—Councilmen Brady, Just - mann. Final Estimate RESOLUTION NO. 423-74 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1, Tenth Street from Locust Street to Bluff Street and Inter- section of Ninth and Bluff Streets. Contract No. 2 P.C. Concrete Paving and Buildings Removal has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $50,179.86 Cont., $5,361.71 Eng. ($55,541.03). That none of the cost thereof shall be assessable upon private property and $55,541.03 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 9th day of December 1974. Allan T. Thorns Mayor Emil Stackis 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 Thorns, Council- men Lundh, Stackis, Nays—Councilmen Brady, Just - mann. (A Resolution Accepting Improvement) RESOLUTION NO. 424-74 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1. Tenth Street from Locust Street to Bluff Street and Intersec- tion of Ninth and Bluff Streets. Contract No. 2 P.C. Concrete Paving and Buildings Removal has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording 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. 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 Road Use Tax Funds. Passed, adopted and approved this 9th day of December 1974. Approved: Allan T. Thorns Mayor Emil Stackis 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 Thorns, Council- men Lundh, Stackis. Nays --Councilmen Brady, Just - mann. December 2, 1974 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 2 has been substantially com- pleted in accordance with the City of Dubuque plans and specifica- tions. I therefore recommend the ac- ceptance of the above named proj- ect. 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, Lundh, Stackis. Nays—Councilman Justmann. 7 Special Session, December 9, 1974 595 Final Estimate RESOLUTION NO. 425.74 WHF.RF,AS, the contract for the City of Dubuque 1974 Concrete li Paving with Integral Curb Project No. 2, Ninth Street from Fighth Street to Hill Street and Univer- sity Avenue Intersection Recon. structinn has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring 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 55.599.16 rockwall, $127,341.42 cons, , $12376.39 eng. That none of the cost thereof shall be assessable upon private property and 5145.316.97 shall be paid from the Road Use Tax Fund of the City of Dubuque. Paseed, adopted and approved this 9th day of December 1974. Allan T. Thoms Mayor James E. Bradv Emil Stackis Alvin E. Lundh Councilmen Attest: l.eo F. Frommelt City Clerk Mayor Thnms moved adnptinn of the resolution. Seronded by Coun- cilman Stackis. Carried by the fol• lnivint! vote: Yeas — Mayor Thorns. Council- men Bradv, I..undh. Stackis. Nays Councilman Justmann. (A Resolution Accepting Improvement) RESOLUTION NO. 426.74 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 2, :Ninth Street from Eighth Street to lull Street and Univer- sity Avenue Intersection Recon- struction has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according* to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RFSOI,VF.D, 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. 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 Road Use Tax Funds. Passed, adopted and approved this 9th day of December, 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh 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, Lundh, Stackis. Nays—Councilman Justmann. December 6, 1974 Honorable Mayor and City Council The matter of the Resolution pertaining to the attendance by members at meetings of Boards and Commissions as proposed and submitted by the City of Dubuque Advisory Commission was referred to the City Attorney, and I have examined same and have prepared same in a form usually submitted to the City Council, and I direct your attention that small minor chane..*es have been made in the in- terest of clarity. In all other re. spects, there are no other changes in the tendered Resolution as re- turned and submitted by the said Commission. R. N. Russo Citv Attorney Mavor 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. RESOLUTION N0. 427.74 WHEREAS, the existence of Boards and Commissions of the City of Dubuque exist pursuant to Iowa I.aw and for the purpose of broadening Citizen participation in this government; and 596 Special Session, December 9, 1974 WHEREAS, the attendance of members of Boards and Commis- sions at their respective meeting is a requirement if the purposes of said Boards and Commissions are to be fulfilled. WHEREAS, there should be a uniform policy concerning attend- ance requirements at such Board and Commission meetings. THEREFORE. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That all members of Boards and Commissions must. at- tend 662, % of all regularly sched- uled and held meetings within any 12 month period. and if said member does not attend 6624% of all regularly scheduled and held meetings, It shall constitute grounds after hearing by said Board or Commission, to reenm- mend to the Citv Council that said member be replaced. Section 2: That the Citv Clerk is hereby direrted to forward a true, certified copy hereof to each Board and Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 9th day of Derembor. 1974. Allan T. Thoms Mayor Jame-; E. Bradv C. Robert Justmann Emil Stackis Alvin F. Lundh Councilmen Attest: Leo F. Frommelt Citv Clerk Counrilman Lundh moved adnn- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Councilmen Brady, Just - mann, Lundh. Stackis. Naps — Mayor Thoms. RESOLUTION NO. 428.74 WHEREAS, the lease agreement by and between the City of Du- buque and C. W. Enterprises, Inc. Is to be assiened and transferred to the Right -of -Way Department of the Iowa State Highway Com- mission, and such assignment should be approved. NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the agreement for revocable per. mit by and between the City of Dubuque and C. W. Enterprises, Inc. for use of parcel of real es- tate abutting U. S. Highway No. 20 on Dodge Street, being 20 feet wide and 562.92 feet in length is hereby assigned to the Right -of - Way Department of the Iowa State Highway Commission acting for the State of Iowa, and tha! the Ma- yor and City Clerk be and they are hereby authorized and empow- ered to execute such assignment of interest. Passed, approved and adopted this 9th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Starkis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun. rilmen Brady, Justmann, Lundh, Starkis. Nays—None, RESOLUTION NO. 429.74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BF 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 Beverly A. Glynn, The Barrell, 1121 University Avenue Shirley Mihalakis, Airport Inn, 574 East 16th Street David A. Parochetti, Dave's Point After, 2600 Dodge Street Passed, adopted and approved this 9th day of December 1974. Allan T. Thoms Mayor James E, Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen 7 Special Session. December 9, 1974 597 Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 430.74 WITEREAS, 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 thev have filed Proper b-mds. NOW THERFFORE 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 Beverly A. Glynn, The Barrell. 1121 University Avenue Shirley Mihalakis, Airport Inn, 574 East 18th Street David A. Paroehetti, Dave's Point After, 2600 Dodge Street Passed, adopted and approved this 9th day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt. City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas ---- 'favor Thoms. Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays ----None. Communication of City Attorney submitting a proposed form of or- dinance and recommending adop- tion of same, in the matter of ap- plication of My -Cap Vendors re- questing reclassification of certain real estate at F,. 32nd Street, pre. sented and read. Councilman Stackis moved that the communi- cation be referred to the Planning do Zoning Commission. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. Nays—None. The matter of Thomas Gibbs permit was again discussed at great length after which time Councilman Justmann moved to go on to other business. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Coun. cilmen Brady, Justmann. Lundh, Stackis. Nays --None. There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Justmann, Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Leo F. Frommelt City Clerk Adopted February 10, 1975 Approved February 10, 1975 598 Special Session, December 12, 1974 CITY COUNCIL OFFICIAL Special Session, December 12, 1974. Council met at 1:00 P.M. (C.S.T.) Present — Mayor Thoms, Coun- cilmen Justmann, Lundh, Stackis. City Manager Gilbert D. Chave- nelle. Absent—Councilman 'Brady. Mayor Thoms 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 RESO- LUTIONS FOR THE ISSUANCE AND SALE OF $2,000,000 SEWER BONDS and acting upon such oth- er business as may properly come before a regular meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of meeting for the issuance of Sewer Bonds in the amount of $2.000.000• presented and read. Mayor Thoms moved that the proof of puhlica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent --Councilman Brady. Proof of Publication, certified to by the Publisher, of Official Notice of sale of $2,000,000 City of Dubuque Sewer bonds, present- ed 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 Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent—Councilman Brady. Mayor Thoms called for open or oral bids and receiving none, moved that oral bidding be closed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent --Councilman Brady. Councilman. Justmann moved that the sealed bids received be opened and read. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent ---Councilman Brady. The following sealed bids were received: Investment. Rating: Moody's Investors Service, Inc.... Aaa $2,000,000 CITY OF DUBUQUE, IOWA General Obligation Sewer Bonds Date of Sale: December 12, 1974 BIDDERS Continental Illinois National Bank and Trust Company of Chi- cago, Chicago, Manager First laid America, Inc., Omaha. AWARDED. Price 100.0001; Coupon Rates 1976 5.20%, 1977 5.40`'70, 1978-82 5.00r,, 1983-85 5.20%; Net Interest 5.1166%, $605,465. Carleton D. Beh Co., Des Moines. Price 100.0017; Coupon Rates 1976- 81 5.20%, 1982-83 5.10%, 1984 5.20%, 1985 5.40%: Net Interest 5.2081%, $616,300. Harris Trust and Savings Bank, Chicago, Manager Iowa -Des Moines National Bank, Des Moines, Beck- er & Cownie, Inc., Des Moines. Price 100.0017; Coupon Rates 1976- 79 5.40%, 1980.83 5.10%, 1984 5.20%, 1985 5.40%; Net Interest 5.2276%, $618,600. The First National Bank of Chi. cago, Manager LaSalle National Bank, Chicago, William Blair & Company, Chicago, Piper, Jaffray & Hopwood, Inc., Minneapolis, Blair A. Phillips Co., Inc., Daven- port. Price 100.0002; Coupon Rates 1976-77 5.405,, 1978-83 5.20%n, 1984 5.30%, 1985 5.40%; Net Interest 5.26405%, $622,913. The Northern Trust Company, Chicago, Manager, VanKampen, Wauterlek & Brown, Inc., Chicago, Dain, Kalman & Quail, Inc., Daven- port, Shaw, McDermott & Co., Des Moines, Central National Bank and Trust Co., Des Moines. Price 100.0029; Coupon Rates 1976-83 51/4%, 1984 5.30%, 1985 5.40%; Net Interest 5.2838. $625,258. RESOLUTION NO. 431.74 RESOLUTION providing for the sale and award of $2,000,000 Sewer Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $2,000010 Sewer Bonds of the City Special Session, December 12, 1974 of Dubuque, in Dubuque County, be and the same is hereby ap- Iowa, has heretofore been given proved, and the Mayor, City Clerk in strict compliance with the pro- and City Treasurer are hereby au - visions of Chapter 75 of the Code thorized to accept and execute of Iowa, by publication of notice the same for and on behalf of the for two or more successive weeks City of Dubuque, Iowa, and to af- in a newspaper published in Du- fix the corporate seal of said City buque County; and thereto. WHEREAS all sealed bids have Section 3. That all resolutions been received and placed on file, or part of resolutions in conflict after which open bids were called herewith be and the same are for and received, the highest of hereby repealed. which open bids was as follows: Passed and approved December the bid submitted by none, con- 12, 1974, sisting of par and accrued interest Allan T. Thoms plus a premium of $ NONE, with Mayor the bonds to bear interest at the Attest: following rates per annum: Leo F. Frommelt Year of Interest City Clerk Maturity Rate Recorded December 12, 1974. 1976 to 1985 NONE Leo F. Frommelt and thereafter such sealed bids City Clerk were opened, the substance of the Councilman Stackis moved adop- best sealed bid being as follows: tion of the resolution. Seconded by the bid submitted by Continental Mayor Thoms. Carried by the fol - Illinois National Bank and Trust lowing vote: Company of Chicago consisting of Yeas — Mayor Thoms, Council - par and accrued interest plus a men Justmann, Lundh, Stackis. premium of $2.00, with the bonds Nays—None. to bear interest at the following Absent—Councilman Brady. rates per annum: Councilman Justmann moved Year of Interest that all bidding be closed. Second - Maturity Rate ed by Councilman Stackis. Carried 1976 5.20% by the following vote: 1977 5.40% Yeas — Mayor Thoms, Council - 1978 5.00% men Justmann, Lundh, Stackis. 1979 5.00% 'Nays—None. 1980 5.00% Absent—Councilman Brady. 1981 5.001,/1 Councilman Justmann moved 1982 5.00% that all bid checks of deposit be 1983 5.20% returned to the unsuccessful bid - 1984 5.20% ders, Seconded by Mayor Thoms. 1985 5.20% Carried by the following vote: NOW, TIIEREFORE, Be It Re. Yeas — Mayor Thoms, Council - solved by the City Council of the men Justmann, Lundh, Stackis. City of Dubuque, Iowa, as follows: Nays—None. Section 1. That upon being duly Absent—Councilman Brady. advised in the premises it is here- RESOLUTION NO. 432.74 by determined that the bid of Con- tinental Illinois National Bank and A RESOLUTION initiating pro - Trust Company of Chicago for the ceedings for the issuance of purchase of $2,000,000 Sewer Bonds $2,000,000 Sewer Bonds. of said City, dated December 1, 4VIIEREAS the City of Dubuque, 1974, as advertised, bearing inter- in the County of Dubuque, State of est at the rates specified in the , Iowa, heretofore, pursuant to and preamble hereof, is the highest I in strict compliance with all laws and best bid received and that applicable, lawfully ordered and said bonds be and the same are Continen- provided for building and con. ! sewers and improving the hereby awarded to said tal Illinois Natinal Bank and Trust structing sewer outlet and purifying plant in Company of Chicago. i and for said City, the cost where - of to the amount of Two Million Section 2. That the form of bonds 1 Dollars (52,000,000) is to be paid agreement of sale of said CM Special Session, December 12, 1974 by said City as a whole by the is- suance of bonds; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds at this time and notice and hearing on the initiation of proceedings for the issuance of said bonds has heretofore been given in manner and form required by Sections 23.12 and 408A.1 of the Code of Iowa, 1973, as amended, and no petition or protest against the is- suance of said bonds has been filed or made and no petition has been filed requesting that the pro- position of issuing said bonds be submitted at an election; NOW, THEREFORE, Be 1t Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the City Clerk be and he is hereby authorized and directed to arrange for the prepa- ration of a form of ordinance au. thorizing the issuance of $2,000,000 Sewer Bonds of said City and pro- viding for the levy of taxes to pay the same. Section 2. That this hearing be adjourned to the 23rd day of De- cember, 1974, at the Council Cham- bers in the City Hall at 7:30 o'clock P.M., at which time the or- dinance referred to in the preced- ing section hereof will be brought up for consideration by this Coun- cil. Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved December 12, 1974. Allan T. Thoms Mayor Attest: Leo F. Frommelt City Clerk Recorded December 12, 1974. 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 Justmann, Lundh, Stackis. Nays—None. Absent—Councilman Brady. There being no further business Mayor Thoms moved to adjourn this meeting to December 23, 1974. Seconded by Councilman Just - mann. Carried by the following vote: Yeas -- Mayor Thoms, Council. men Justmann, Lundh, Stackis. Nays—None. Absent—Councilman Brady. Leo F. Frommelt City Clerk Approved February 10, 1975 Adopted February 10, 1975 Special Session, December 16, 1974 (301 ------_— CITY Council OFFICIAL Special Session, December 16, 1974. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Thoma, Coun- cilmen 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 Meeting is called FOR THE PURPOSE OF APPROVING SCIiEDITLE OF AS- SES.S'.1tF.NTS TO PAY FOR COST OF CONSTRi1CTING CF VnTRY DRIVF-RIES DRIVF, 8" SANITARY SEWER and acting upon such oth- er business as may properly come before a regular meeting of the Council. Communication of Gerald J. Kop- pes, Admr. AWL, submitting New View Governing Board Annual re- port, presented and read. Council- man Lundh moved that the com- munication be received and filed. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque Countv Conservation Society advis- ing of the development and main- tenance of Riverview Park at the northern end of the Industrial Is- land by their group and expressing an interest to have a representa- tive on a proposed committee to study the future use of City Is- land, presented and read. Council- man Justmann moved that the communication be received and filed and a copy of the communi- cation be sent to the Chairman of the Dock Board. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque Dock Commission recommending steps be taken to encourage the Du- buque Marina Inc. to have sewer service installed, presented and read. Councilman Justmann moved that the communication be re- ceived and filed and referred to the City Manager for report for meeting with Staff and Dock Board for development of an Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays ­—None. Communication of Department of Community Development re- questing that the Jaycees be per- mitted to present the design of the symbnl judged to be the most appropriate by which to identify Dubuque celebration of the Bicen- tennial, presented and read. Coun- cilman Stackis moved to suspend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Lundh. Carried by the, following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Robert P. 'Buzz" Bisanz, of Du- buque Jaycees, addressed the Council and presented Jim Mc- Mahon as the winner of the Bicen- tennial Symbol Contest. Councilman Stackis moved that the communication of Department of Community Development be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None, RESOLUTION N0. 433.74 Adapting the Dubuque Bicentennial Logo WHEREAS, the City of Dubuque, the oldest city in the State of Iowa, was the first city in the state to be designated as a Bicentennial City by the American Revolution Bicentennial Administration; and WHEREAS, units of tonal gov- ernment, businesses, institutions and organizations are cooperative- ly promoting a local observance of the 200111 anniversary of the found- ing of the United States of Amer- ica; and WHEREAS, under date of OctO- ber 211, 1974, the City Council of the City of Dubuque adopted Reso- lution No. 3118.74 which endorsed an open competition sponsored by 602 Special Session, December 16. 1974 the Dubuque Jaycees to secure a distinctive symbol to identify local bicentennial -related activities and programs; and WHEREAS, under date of De- cember 11, 1974, a jury comprised of Dr. Walter Peterson, President of the University of Dubuque; Sis- ter Carmelle Zserdin, Clarke Col- lege; and Carl Johnson, a Galena artist, selected from among 34 en- tries submitted by 26 individuals, a design entered by James R. Mc- Mahon of Dubuque, Iowa, as the most appropriate symbol by which to identify Dubuque's celebration of the Bicentennial throughout the next two years; now therefore BE IT RESOLVED by the City Council of the City of Dubuque: SECTION 1. That the design sub- mitted by James R. McMahon of Dubuque, Iowa, as selected by the jury, is hereby adopted as the offi- cial Dubuque Bicentennial Logo. SEC'T'ION 2. That the City of Du- buque and other local units of government, businesses, institu- tions, organizations and individuals are encouraged to appropriately display and use the Dubuque Bi- centennial Logo. SECTION 3. That the City Clerk of the City of Dubuque is hereby directed to provide James R. Mc- Mahon a certified copy of this Resolution. Passed, approved, and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis 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 Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Bernice Hayes of 1243 Locust St. objecting to the opening of a XXX theatre on low- er Main Street, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the State Legislators. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Mrs. Viola Yount of 1243 Locust St. objecting to the opening of a XXX theatre on lower Main St., presented and read. Councilman Stackis moved that the communication be re- ceived and filed and referred to the State Legislators. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh. Stackis. Nays—None. Communication of Court Our Lady of Victory 351 objecting to XXX movie theatre and requesting City legislation to keep the movies out of the City, presented and read. Councilman Stackis moved that the communication be re- ceived and filed and referred to the State Legislators. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 11, 1974 Honorable Mayor and City Council In order to comply with our Rev- enue Bond Ordinances, I request your approval that the Certified Public Accounting Firm of O'Con- nor, Brooks and Company, be en- gaged to audit the transactions of the Water Utility, the Parking and Sewage Facilities Funds, for the fiscal period beginning Januan 1. 1974, through December 31, 1974. I further ask that the Auditor of State be requested to audit all other financial funds of the city, for the January 1, 1974, through December 31. 1974, period; and that the Auditor of State also be requested to conduct a complete audit of all financial transactions for the six month period beginning January 1, 1975, through June 30, 1975. A resolution relative to the Special Session, December 18, 1974 803 above request will be submitted ORDINANCE NO. 69.74 to you after January 1, 1975. I G. D. Chavenelle An Ordinance Amending Ordi- I City Manager nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" Councilman Stackis moved that as amended by repealing Subsec• the request be approved. Seconded tion C of Section 3 of Schedule 1 by Mayor Thoms. Carried by the which required that vehicles following vote: shall travel westbound only on Yeas — Mayor Thoms, Coun- West Ninth St, from Locust St. cilmen Brady, Justmann, Lundh, to its westerly terminus and by Stackis. repealing Subsection a. of Sec. Nays—None. tion 4 of Schedule I which re- quired that vehicles shall travel Notice of Suit of William Thom- eastbound only on Locust Street, as demanding judgment in the presented and read. amount of $1114.00, plus storage Councilman Justmann moved charges in the amount of $1.50 per that the reading just had be con- day after December 3, 1974 for im- sidered the first reading of the pnundment of an automobile by Ordinance. Seconded by Mayor the City on December 4, 1974, pre- Thoms. Carried by the following rented and read. Councilman Just- vote: mann moved that the Notice of claim be referred to the City At- yeas — Mayor Thoms, Coun- torney for proper proceedings. Sec- Brady, Justmann, onded by Councilman Stackis. Car- Stackis. ried by the following vote: Nays—None. Yeas — Mayor Thoms, Coun, Councilman Justmann moved cilmen Brady, Justmann, Lundh, that the rule requiring an Ordi- Stackis. nance to be read on three sepa- Nays—None. rate days be waived. Seconded by Mayor Thoms. Carried by the fol- Notice of Claim of Mrs. Evelyn lowing vote: Wieland, in the amount of yeas — Mayor Thoms, Coun- $1555.40, for personal injuries re- cilmen Brady, Justmann, Lundh, ceived in a fall at 7th Street in Stackis, the shopping mall on December Nays—None. 15, 1972, presented and read. Coun- cilman Justmann moved that the ORDINANCE NO. 69.74 Notice of claim be referred to theAN City Attorney for proper proceed- ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE ings. Seconded by Councilman .TRAFFIC CODE OF DUBUQUE, Stackis. Carried by the following IOWA" AS AMENDED BY REPEALING vote: SUB-SECTION C OF SECTION 3 OF Yeas — Mayor Thoms, Coun. Lundh, SCHEDULE I WHICH REQUIRED THAT VEHICLES SHALL TRAVEL cilmen Brady, Justmann. WEST-BOUND ONLY ON WEST Stackis. NINTH ST. FROM LOCUST ST. TO Nays—None. ITS wESTF.RLY TERMINUS AND BY Notice of Claim of Earl G. G TI PE 4 N SCHEDULE ON a OF SEE. Thompson, in the amount of QUIRED THAT VEHICLES SHALL $15.45, for car damage incurred as TRAVEL EAST-BOUND ONLY ON the result of driving into an open EIGHTH AVENUE FROM HILL manhole at Jones & IAcust Street STREET TO LOCUST STREET. on December 6, 1974, presented NOW THEREFORE. BE IT ORDAIN- and read. Councilman Justmann FD BY THE CITY COUNCIL OF THE moved that the Notice of claire be CITY OF DUBUQUE, IOWA. referred to the City Attorney for Section 1: That Ordinance No. 33-49 proper proceedings. Seconded by Carried by the known as the "Traffic Code of Dubuque, Iowa" as amended be and thesame. s Councilman Stackis. hereby amended by rope e following vote: C. of 5ect;on 3 of Schedule I and by yeas — Mayor Thoms, Coun- y Lundb, repealing Sub-Section a. of Section 4 of chat the same be cilmen Brady, Justmann, Schedule I thereof and and of no further Stackis. and is hereby repealed force or cffcct- Nays—None, 804 Special Session, December 18, 1974 Passed, approved and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of De- cember 1974. Leo F. Frommelt City Clerk It. 12-19 Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. 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 In- tersection of West Ninth Street and University Avenue, present- ed and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Coun. cilmen 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 70.74 AN ORDINANCE AMENDING OR. DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION I1 TO SECTION D OF SCHEDULE X THERFOF TO REQUIRE WESTBOUND VEHICLES TO YIELD RIGHT OF WAY BEFORE ENTERING THE INTERSECTION OF WEST NINTH STREET AND UNIVER- SITY AVENUE. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OI= DUBUQUE, IOWA: Section 1: That Ordinance No. 3349 as amended, known as the "Traffic Code of Dubuque, Iowa" be and the same is hereby amended by adding a new Sub Section 11 to Section D of Schedule X hereof as follows: "Schedule X D. Westbound vehicles must yield before entering the intersection of: 11. West Ninth and University Ave." Passed, approved and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of De- cember, 1974. Leo F. Frommelt City Clerk It. 12-19. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Police Chief O'Brien recommending that no parking proposed for the north side of Ungs Street from Clarke Dr. to Hoyt St. remain after trial runs by Police and Fire Equipment proved satisfactory, presented and read. Councilman Stackis moved that the communication be receiv- ed and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 71.74 An Ordinance Amending Ordin- ance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, by enacting a new Subsection 95 to Schedule VI thereof to prohibit parking of motor vehicles on the North side of Ungs Street from Clarke Drive to Hoyt Street, Special Session, December 16, 1974 605 presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun. cilman Lundh. Carried by the fol. lowing 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 Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 71.74 AN ORDINANCE AMENDING OR- DINANCE NO. 31-49 KNOWN AS THE "TRAFFIC OODE OF DUBUQUE, IOWA". AS AMENDED BY ENACTING A NEW SUBSECTION 91 TO SCH- EDULE VI THEREOF TO PROHIBIT PARKING OF MOTOR VEHICLES ON THE NORTH SIDE OF UNGS STREET FROM CLARKE DRIVE TO HOYT STREET. NOVO' THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended be and the same is hereby amended by enacting a new sub- section 91 to Schedule VI thereof is follows: "Schedule VI 91. On the north side of Ungs Street from Clarke Drive to Hoyt Street." Passed, approved and adopted this 16th day of December, 1974, Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19111 day of De- cember, 1974. Leo F. Frommelt City Clerk It. 12-19. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann. Lundh, Stackis. Nays — None, To .the Honorable Ma, oecember 12, 1974 and City Council Pursuant to your instructions the City Engineer has prepared the Ordinance, Resolution and Plat to vacate and deed a portion of Avoca Street to Harold B. and Dorothy Demkier as per agreemeni set forth at the public hearing on the 1973 City of Dubuque Sidewalk Program. It is my recommendation that the Ordinance and Resolution be passed and approved. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and fil. ed. Seconded by Councilman Stack - is. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady. Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 434.74 WHEREAS, there has been pre- sented to the City Council of the City of Dubuque, Iowa, a plat, dat- ed December 12, 1974, prepared by John L. White, professional engi- neer and land surveyor, covering a vacated part of Avoca Street, located West of the West property line of the East 28' of the West 50' of the West 100' of Lot 2 of Min- eral Lot 179, 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 December 12, 1974, prepared b.v John L. White, professional engi- neer and land surveyor, covering the real estate hereinabove de- scribed, 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 Cite of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and eerti- 606 Special Session, December 16, 1974 fied copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE VACATING a portion of Avoca Street located west of 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 of Dubuque, Iowa, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Stackis. Carried by the follow- ing 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- inen Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that a pub- lic hearing be held on the Ordin- ance on January 13, 1975 at 7:30 o'clock P.M. in the Council Cham- ber at the City liall and that 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, Lundh, Stackis. Nays -- None. ORDINANCE NO. 72-74 An Ordinance Amending Ordin. ance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section J. of Schedule II and enacting a new section J to Schedule 11 thereof to provide that Eighth Avenue be designated a through street from the West Property Line of Locust Street to the ex- tension of the East Line of Hill Street, presented and read. Councilman Justmann moved that the reading just had be considered the first reading of the Ordinance. 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 the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by May- or Thoms. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady. Justmann, Lundh, Stackis. Nays --- None. ORDINANCE NO. 72.74 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEAL- ING SECTION J. OF SCHEDULE Il AND ENACTING A NEW SECTION J TO SCHEDULE 11 THEREOF TO PROVIDE THAT EIGHTH AVENUE BE DESIGNATED A THROUGH STREET FROM THE WEST PROP- ERTY LINE OF LOCUST STREET TO THE EXTENSION OF THE EAST LINE OF HILI. STREET. NOW THEREFORE BE IT ORDAIN- ED 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 he and the same is hereby amended by repealing Section J. of Schedule II and enacting a new Section J. to Schedule 11 thereof as follows. "Schedule 11 J. Eighth Ave. from the west property line of Locust Street to the erten. sion of the east line of Hill St." Special Session, December 16, 1974 607 Passed, approved and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 19th day of De- cember, 1974. Leo F. Frommelt City Clerk It. 12-19. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. December 13, 1974 To the Honorable Mayor and City Council Attached are four proposed ordin- ances relating to the Building Code we are submitting to you for your evaluation and adoption. We are recommending adoption of the Uniform Building Code, published by the International Conference of Building Officials, copyright 1973. As a companion code to the Uniform Building Code we are recommending the adoption of the Uniform Fire Code, 1973 Ed- ition, This Uniform Fire Code ref. erences the Uniform Building Code and in order for our Uniform Fire Code to be consistent with the Uniform Code it is necessary that this ordinance be adopted. In the Uniform Code reference is made to fire zones in the City. The ordinance we are proposing would establish three zones. Zone #1 would be essentially the same as our present fire limits. Zone #2 would be basically the area east of the Burlington tracks from Third Street to the west bank of the Mis- sissippi River then north on the west bank of the Mississippi River to the extension of Kerper Boule- vard, then south on Kerper Boule• vard to 16th Street and west on 16th Street to the Burlington tracks. Zone #3 would be all other areas of the City not specifically identified in Zone #1 and Zone i2. The fourth ordinance would be a sign ordinance that will replace the present sign ordinance as it is in- corporated in the existing Building Code. The substance of this new ordinance has not been changed from the existing ordinance but since we are repealing the Build- ing Code, it is necessary for us to establish a new ordinance for the installation and maintenance of signs. Attached is an example of the rates under the present fee sched. ule and rates under the proposed fee schedule. Presently our rev- enue from building permits is about $25,000 annually and we would expect this to increase to $3435.000 under the new schedule. Present annual budget for the op- eration of the building inspection section of the Building Department is $50,676. We would respectfully request your adoption of these four ordin- ances. Francis A. Murray Assistant City Manager Mayor Thoms moved that the communication be received and fil- ed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE revising and re-establishing a Building Code for the City of Dubuque, Iowa, creating the office of Building Official, reg- ulating the construction, altera- tion, reconstruction, removal, main- tenance, use, equipment and in- spection of buildings and struc- tures within the City of Dubuque, Iowa; and fixing fees for such in- spection and providing for penal- ties for violation of said ordin- ance, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Justmann. Carried by the following vole: 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 Special Session, December 16, 1974 Justmann. 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 Ordin- ance on January 20, 1975, at 7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law, and a copy of Ordinance be sent to Build- ing Code Committee, Building Trad- es, Employers Assn., and Home builders Assn. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE amending Ord- inance No. 59-70, commonly known as "The Fire Prevention Code For The City of Dubuque. Iowa" by re- pealing Section 1 thereof and en- acting a new Section I in lieu thereof to provide that the City Council adopt the Fire Prevention Code recommended by the Western Fire Chiefs Association and the In- ternational Conference of Building Officials being particularly the 1973 edition thereof, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Justmann. 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. Mayor Thoms moved that a pub- lic hearing be held on the Ordin. ance on January 20, 1975, at 7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law, and a opy of Ordinance be sent to Build- ag Code Committee, Building 'rades, Employers Assn., and lomebuilders Assn. Seconded by ,ouncilman Justmann. Carried by he following vote: Yeas — Mayor Thoms, Council - nen Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE creating and !stablishing Fire Zones in the City ►f Dubuque, Iowa, for the purpose A the protection of closely built !ommereial districts against the hazards of fire spreading from building to building, by supple- mentary restrictions on the con- struction permitted within such limits, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Justmann. 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. Mayor Thoms moved that a pub- lic hearing be held on the Ordin- ance on January 20, 1975 at 7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law, and a copy of Ordinance be sent to Building Code Committee, Building Trades, Employers Assn., and Homebuilders Assn. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE regulating the erecting, maintaining, repairing, servicing, installing, altering and inspection of signs within the City of Dubuque, Iowa; and providing for fees for such inspection and providing for licensing of contract- Special Session, December 16, 1974 009 ors, bonding for signs and penal- ties for violation of said Ordinance, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Justmann. Carried by the fol- lowing 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 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 Ordin- ance on January 20. 1975, at 7:30 o'clock P.M. (C.S.TJ in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law, and a copy of Ordinance be sent to Build- ing Code Committee, Buildinlo ing Trades, Employers Assn., and Homebuilders Assn. Seconded by Councilman Justmann. Carried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann. Lundh, Stackis. Nays — None. ORDINANCE NO. 73.74 An Ordinance Amending Ordn- ance No. 39.65 known as the Parking Meter Lot Ordinance of Dubuque, Iowa, by repealing Sec- tion 5, Section SA, SA.1 and 5A.2 and enacting a New Section 5, SA, 5A.1 and 5A.2 in lieu there- of to establish number and loca- tion of municipal owned parking lots and to establish time and parking meter fee respectively, presented and read. Mayor Th'-tms moved that the reading ju.•t had be considered the first reading of the Ordinance. Seconded by Council. man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council men Brady, Justmann, Lundh Stackis. Nays — None. Mayor Thoms moved that tht rule requiring an Ordinance to bi lead on three separate days be waived. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 73.74 AN ORDINANCE AMENDING OR- DINANCE NO. 39-65 KNOWN AS THE PARKING METER LOT ORDINANCE OF DUBUQUE, IOWA, BY REPEALING SEC -ION t, SECTION $A, 5A.1 AND 5A.2, AND ENACTING A NEW SEC- TION s, SA, 5A.1 AND 5A.2 IN LIEU THEREOF TO ESTABLISH NUMBER AND LOCATION OF MUNICIPAL OWNED PARKING LOTS ANI) TO ESTABLISH TIME AND PARKING METER FEE RESPECTIVELY. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Ordinance No. 39.65 known as the "Parking Meter Lot Ordi- nance" of Dubuque, Iowa, be and the same is hereby amended by repealing Sec- tiun S, 5A, 5A.1 and SA.2 and enacting a new Section S, SA, 5A.1 and 5A.2 in lieu thereof as follows: "Section S That the various municipally owned Parking Lots in the City of Du- buque shall be designated numerically as follows: Lot No. 1: The lot situated between Ninth & Tenth Streets and Iowa Streets & Central Avenue. Lot No. 2: The lot situated at the northwest corner of Ninth & Bluff Streets and running parallel to Ninth Street. Lot No. 3: The lot situated at the northwest corner of Fifth & Bluff Streets. Lot No. 4: The lot situated at the southwest corner of Fourth & Iowa Streets. Lot No. 5: The lot situated on the middle 1-S of Out Lot 448 in the City of Dubuque. Lot No. 6: The lot situated on the southwest corner of Eleventh & Bluff Streets. Lot No. 7: The lot situated on the northwest corner of Fourth & White Streets. Lot No. 8: The lot situated on the southeast corner of Tenth & Bluff Streets. Section SA Parking Meters on mumci- pally owned parking lots, when installed and properly operated shall show legal parking upon and after the deposit of the United States Coin, in accordance with the following schedule: 1. Parking lots Not. 1, 2, 3, 4, 1, 6, and 7, such meters shall show legal park- ing for one hour upon the deposit of each five cent coin, two hours upon the deposit of each ten cent Coin, and five hours upon the deposit of one twenty-five cent coin, but not more than a total of ten hours at any one time. The maximum 610 Special Session, December 16, 1974 legal parking time limit for any one vehicle at any one time shall be ten hours. 2. On Parking Lot No. a such meter shall show legal parking for thirty minutes upon the deposit of each five cent coin. one hour upon the deposit of each ten cent coin, and two hours and thirty minutes upon the deposit of one twenty- five cent coin, but not more than a total of ten hours at any one time. The maximum legal parking time limit for any one vehicle at any one time shall be ten hours." Passed, approved, and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of De- cember, 1974. Leo F. Frommelt City Clerk 1t. 12-19. 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 Curtis Straub Co. re- questing permission to excavate in the street at 2286 Central Avenue, presented and read. Councilman Justmann moved that the request be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Verbal request of General Fran- cis Kelly, relative to the possible acquisition of land in the 4th Street Peninsula Area, presented for discussion. General Kelly ad- dressed the Council requesting ap- proximately 7 acres in area for new National Guard Armory. The submitted proposed building would be 24,000 sq. ft. with building cost at $913,000. and stating airport area is ruled out. John Herrig of Realtor's Assn. requested to keep the building within the City Lim- its. Councilman Justmann moved that the request be referred to the City Manager, Planning & Zon- ing Commission and Dock Commis- sion for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Petition of Joseph L. Diener re- questing a refund in the amount of $422.50 on the unexpired portion of Beer -Liquor License No. C-5236, as he discontinued business on November 13, 1974, presented and read. Councilman Justmann moved that the refund be granted and the City Auditor directed to issue prop- er warrant. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Petition of Joseph L. Diener, re- questing a refund in the amount of $50. on the unexpired portion of Cigarette License No. 508, as he discontinued business on Novem- ber 13, 1974, presented and read. Mayor Thoms moved that the re- fund be granted and the City Aud- itor directed to issue proper war- rant. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Petition of Leonard Jack Crane requesting a refund in the amount of $211.25 on the unexpired por- tion of Beer -Liquor License No. C- 5185, as he discontinued business on November 19, 1974, presented and read. Councilman Justmann moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. December 8, 1974 To the Honorable Mayor and City Council I would like to submit the en- closed corrected Final Estimate which shows a corrected sewer as- sessment of $5,500. Special Session, December 16, 197.1 611 The sewer in Kebbie Drive was eliminated from the construction plan a! the owners request which reduced the owners assessment by $5,500. The lots removed from the as- sessment do not abut the construct- ed sewer as shown on the accom- panying plat, they include Lot 3, Lot 6, and Lot 7 in Block 3 C. J. Bies Subdivision and Lot 6, and Lot 7 in Block 2 C. J. Bies Subdi- vision plus a portion of Lot 3 in Block 2 C. ,i. Bies Subdivision and therefore cannot be assessed. John L. White, P.E. City Engineer Mayor Thoms moved that the communication be received and fil- ed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Naps — None. CORRECTED FINAL ESTIMATE RESOLUTION NO. 435.74 WIIEREAS, the contract for the construction of Century Drive - Bies Drive Sanitary Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, in- spection, and preparing the assess• ment 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 $55,260.05. That $47,675.05 of the cost there- of shall be assessable upon private property and $7,585.00 shall be paid from the Sanitation Fund of the City of Dubuque. roved Passed, adopted and app this 16th day of December 1974. Allan T. Thoms Mayor James E. Bradv C. Robert Justmann Emil Stackis Alvin F.. Lundh 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. Proof of Publication, certified to by the Publisher, of Notice of Levy of special assessment and intention of the Council to issue bonds in the amount of $47,675.05 to pay for cost of construction of Century Drive-Bies Drive 8" Sanitary Sew- er, 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. Mayor Thoms mov- ed that the proof of publication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Statement of City Clerk, certify- ing ertifying that notices of levy were mail- ed by certified mail to property owners of record subject to pay for cost of constructing Century Drive-Bies Drive Sanitary Sewer, on November 21, 1974, presented and read. Mayor Thoms moved that the statement be received and fil- ed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Statement of Stephen H. Ruddy, a member of the engineering staff, certifying that notices of levy of assessment were posted in the as- sessable area in the Century Drive- Bies Drive Sanitary Sewer on De- cember 10, 1974, presented and read. Mayor Thoms moved that the statement be received and filed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 436.74 SCHEDULE OF ASSESSMENTS Resolved by the City Council of the City of Dubuque, Iowa: That to pay for constructing Century Drive & Bies Drive 8" Sanitary Sewer by Tschiggfrie Excavating, contractor in front of and adjoining the same, 612 Special Session, December 16, 1974 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 following schedule: Century Drive and Bies Drive Sanitary Sewer The First National Bank of Mason City, Lot 2, Clin Que Inc. No. 2 Add.......................................$1,516.25 Donovan D. & Kathryn A. Peterson, Lot 3, Clin Que Inc. No. 2 Add. .............................................. $1.677 17 Leo & Jean Plotz, Lot S. Bal. 4. Clin Que Inc. No. 2 Add. $1,006.81 Thomas A. & Rita J. Luksetich. Lot N. 30'-4, Clin Que Inc. No. 2 Add. ..................................... I.......... $329.52 Thomas A. & Rita J. Luksetich, I.ot S. 20'-5, Clin Que Inc. No. 2 Add. .................................................. $219.68 Holiday Oil Distributing, Inc., I.ot N. 80'-5, Clin Que Inc. No. 2 Add. ............. I ................ ........ ... ....... $878.73 Holiday Oil Distributing, Inc., Lot S. 28'-6, Clin Que Inc. No. 2 Add. ............. I.................................... $307.56 Thomas A. Luksetich cont: Goliath, Inc., Lot N. 72'-6, Clin Que Inc. No. 2 Add.....................$790.86 Thomas A. Luksetich cont: Goliath, Inc.. Lot S. 76'-7, Clin Que Inc. No. 2 Add . ....................$834.79 Charles R. Skemp, Lot N. 24'-7, Clin Que Inc. No. 2 Add. ....$263.62 Charles R. Skemp, Lot 8, Chn Que Inc. No. 2 Add . ................$1,098.41 Charles R. Skemp, Lot S. 20'-9, Clin Que Inc. No. 2 Add.............$219.68 Donald & Ethel Ohmert, Lot N. 80'- 9, Clin Que Inc. No. 2 Add. $878.73 Donald & Ethel Ohmert, Lot S. 20% 10, Clin Que Inc. No. 2 Add. $219.68 Donald & Ethel Ohmert, Lot N. 42'- S. 62'-10, Clin Que Inc. No, 2 A -id. .......... ....................... I .......... I... $461.34 Donald & Ethel Ohmert, Lot N. 38'- 10, Clin Que Inc. No. 2 Add. $417.40 Donald & Ethel Ohmert, I.ot S. 62% 11, Clin Que Inc. No. 2 Add. $681.02 Richard V. Hansel cont: #568 Fraternal Order of Eagles, Lot N. 38'-11, Clin Que Inc. No. 2 Add. ................................................ $417.40 Eagles Building Association, Lot 12, Clin Que Inc, No. 2 Add. ............................................ $1,120.38 Marco's Inc., Lot 1.1-2-1.2, Clin Que Inc. Add...............................$1,545.80 Marco's Inc., Lot 1-2,2-1-1, Clin Que Inc. Add . ............................$2,316.55 Russel L. Rafoth und. % Thomas A. Luksetich und. % cont: J. A. Borg; Robert Van Iten & James Elliot, Lot 1-1-1-2, Clin Que Inc. Add . .................................... $6,739.20 Frank & Dorothy Miller und kz & Delbert & Joan Miller und %, I.ot 2, Slyvan Place ................$5,438.79 Frank & Dorothy Miller und. '/z & Delbert & Joan Miller und. %, Lot 3, Slyvan Place ................$1,599.40 Thomas N. & Maureen K. McCar- thy, Lot 1, Block 3 C. J. Bies Sub. .............................................. $1,010.54 Roger F. Klauer, Lot 2, Block 3 C, J. Bies Sub ....................$1,010.54 Roger F. Klauer, Lot 3, Block 3 C. J. Bies Sub ............................$0.00 James J. & Irma J. Hess, Lot 4, Block 3 C. J. Bies Sub. ....$1,010.54 Roger F. Klauer, Lot 5, Block 3 C. J. Bies Sub . ................$1,010.54 Roger F. Klauer, Lot 6, Block 3 C. J. Bies Sub ........................$0.00 Roger F. Klauer, Lot 7, Block 3 C. J. Bies Sub . ........................$0.00 Roger F. Klauer, Lot 8, Block 3 C. J. Bies Sub .....................$1,037.78 Roger F. Klauer, Lot 9, Block 3 C. J. Bies Sub .....................$1,010.54 Roger F. Klauer, Lot 10, Block 3 C. J. Bies Sub .....................$1,010.54 Raymond G. Miehe, Jr. survivor, Lot 11, Block 3 C. J. Bies Sub. ..................... $1,010.54 Raymond G., Jr. & Carmen Jean Miehe, Lot 12, Block 3, C. J. Bies Sub . ......................................$1,010.54 Neil E. & Darlene R. Meyer Rans- ford, Lot 13, Block 3, C. J. Bies Sub. ......................................$1,010.54 Arthur David & Mary J. Johnson, Lot 14, Block 3 C. J. Bies Sub. .............................................. $1,010.54 David Barry, Lot 2-6, Block 1 C. J. Bies Sub . ................................$894.66 Roger F. Klauer, Lot 1, Block 2 C. J. Bies Sub . ................$1,098.41 Roger F. Klauer, Lot 2, Block 2 C. J. Bies Sub .....................$1,318.09 Roger F. Klauer, Lot 3, Block 2 C. J. Bies Sub . ....................$374.64 Roger F. Klauer, Lot 4, Block 2 C. J. Bies Sub . ................$933.65 Roger F. Klauer, Lot 5, Block 2 C. J. Bies Sub . ....................$933.65 Roger F. Klauer, Lot 6, Block 2 C. J. Bics Sub . ........................$0.00 Roger F. Klauer, Lot 7, Block 2 C. J. Bies Sub . ........................$0.00 $47,675.05 Special Session, December 16, 1974 613 All of which is assessed in pro• i portion to special benefits con- ferred. 140.0 lin. ft. 8 in. slip joint ductile sewer pipe (it $22.00 - $3,080.00 1 183.0 lin ft. 8 in, mechanical joint D.I.P. ((, $27.50 - $5,032.50 2,919.0 lin. ft. 8 in. vitrified the pipe (ft $6.35 __ $18,535.65 65.0 lin. ft. 14 in. steel pipe, cas- ing, jacket in place 01 $50.00 $3.250.00 23.0 no. of 6 in. x 8 in. wye branch- es ('it $14.00 _ $322.00 9.0 no. of Concrete anchors for pipe steep grade (u $100.00 = $900.00 133.7 lin. ft. Concrete manholes, complete, height in feet of side- wall (n $40.00 $5,348.00 15.0 no of Concrete manholes, bas- es, complete n $100.00 - $1,500.00 15.0 no. of Manholes, complete. rings and covers 01 $175.00 $2,625.00 4,239.0 Fq. yd. Seeding (a $0.35 $1.488.65 303.0 sq. yd. Sod in place O $1.50 - $454.50 589.10 sq. yd. Seal coal, r $1.00 = $589.00 674.65 ton s'a " base stone depth Ch $4.00 - $2,698.60 93.0 ton 1 in. asphalt concrete sur. face (a) $30.00 = $2.790.00 74.3 ton 1 in. asphalt concrete surface over 93 ton en $20.00 == $1,486.00 Construction Total $50.094.90 7S< - 52 days ....................$ 506.51 Eng. & Inspection .......$ 3,433.64 Easement and crossing permit ... .....................$ 1.225.00 Project Cost .... .............$55,261-05 City Share ......................$ 7,585.00 ........$4 7,675.05 adopted and approved day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Imndh Councilmen Assessable Passed, this l6th Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoptionf Of resolution. Seconded b)' Coun- cilman Justmann. 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 Hear- ing on the issuance of sewer bonds to pay for construction of Century Drive-Bies Drive Sanitary Sewer, presented and read. No written ob- jections were filed and no oral ob- jectors were present in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 437.74 Resolution providing for the Is. suance of Sewer Bonds for the purpose of providing for toe pay- ment of the assessed cost of City 06 Dubuque Century Drive and Gies Drive 8 -inch sanitary sewer. 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 hos ascertained the cost thereof and has determined that $47,675.05 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 inten- tion of the City Council to issue bonds for the purpose of provid- ing 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 Century Drive and Bies Drive S inch Sanitary Sewer, there shall be issued sewer bonds in the amount of $47,000.00 Dol- lars in anticipation of the. deferred 614 Special Session, December 16, 1974 payment of assessments levied for such improvement. 2. Such bonds shall be called sewer bonds, and shall bear the date of January 1, 1975; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomi- nations and for such maturity dates as are shown in the follow- ing table: Series Bond Denom. Maturity No, No. 1 14 $1,000 April 1, 1976 2 5-8 $1,000 April 1, 1977 3 9.12 $1,000 April 1, 1978 4 13-17 $1,000 April 1, 1979 5 18-22 $1,000 April 1, 1980 6 23.27 $1,000 April 1, 1981 7 28-32 $1,000 April 1, 1982 8 33.37 $1,000 April 1, 1983 9 38-42 $1,000 April 1, 1984 10 43-47 $1,000 April 1, 1985 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 Sewer Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, the sum of 1 thousand dollars with interest thereon at the rate of six per cent per annum, payable annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are pay- able at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque un- der and by virtue of Chapter 896 of the 1973 Code of Iowa, as amended, and the Resolution of said City duly passed on the 16th day of December, 1974, being Reso. lution No. 437.74. This Bond is one of a series of 47 bonds, all for $1,000.00 num- bered from 1 through 47, all of like tenor and date, and issued for the purpose of providing for the deferred payment of the assess- ments levied for the City of Du- buque Century Drive and Bies Drive 8 -inch Sanitary Sewer, as de- scribed 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 Find 1302 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regu- lar 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 counter -signed by its City Clerk and the Seal of said City to be thereto affixed, this 16th day of December, 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 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 Special Session, December 16, 1974 615 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 1302 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 af- ter 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. 10. Passed, adopted and ap- proved this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays --None. October 29, 1974 To the Honorable Mayor and City Council The Center Grove Valley Inter- ceptor Sanitary Sewer a distance of 12,416.95 feet, has been com- pleted substantially in accordance with plans and specifications by M. F. Goe rdt Construction Compa- ny of Dubuque, Iowa. 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, Coun- cilmen Brady, Justmann, Lundh. Stackis. '.Nays—None. Final Estimate RESOLUTION NO. 438-74 WHEREAS, the contract for the Center Grove Valley Interceptor Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring 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 $297,695.48. That none of the cost thereof shall be assessable upon private property and $297,695.48 shall be paid from the Sanitation Rental Fund and HUD Grant Fund of the City of Dubuque. Passed, adopted and approved this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Len 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, Coun- cilmen Brady, Justmann, Lundh. Stackis, Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 439.74 WHEREAS, the contract for the Center Grove Valley Interceptor Sewer has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, 616 Special Session, December 16, 1974 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. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Rental Fund and ITUD Grant Fund on the above described improve- ment in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Fromrnelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh. Stackis. Nays—None. December 16, 1974 Honorable Mayor and City Council The matter of the exchange of property between the City of Du- buque and John V. Meehan and Naomi R. Meehan, which was the subject matter of litigation has finally been resolved and the City has delivered its deed, together with the Park Board Deed convey- ing the following described real estate to John V. Meehan and Na- omi R. Meehan, which is described as follows: Lot 2 of Lot 1 of Lot I of Eagle Point View in the City of Du- buque, Iowa, according to the recorded plat thereto, I am attaching herewith War- ranty Deed of said John V. Mee- han and Naomi R. Meehan con- veying to the City of Dubuque, Iowa, the following described real estate: Lot 2 of Eagle Point. View in the City of. Dubuque, Iowa, ac- cording to the recorded plat thereof. I am also attaching trust account check of Kintzinger, Kintzinger, Van Etten, Setter & King payable to the City of Dubuque, Iowa, in the amount of $77.49 representing a prorata share of the real estate taxes. Appraisal services were incurred in a total amount of $35.00 togeth- er with court costs in the total amount of $17.00, or total cost of $52.00. The City's share of said costs is in the amount of $26.00, and the City Auditor should be authorized to draw warrant pay- able to Kintzinger, Kintzinger, Van Etten, Setter & King in the amount of $26.00 in full payment of the City's share of the Court costs and the appraisal. Appropriate Resolution accept- ing delivery of Warranty Deed is attached hereto. This matter is finally closed. Original Proceedings are returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh. Stackis. Nays—None. RESOLUTION NO. 440-74 WIiF,REAS, there has been de- livered to the City Council of the City of Dubuque, Iowa, Warranty Deed of John V. Meehan and Na- omi R. Meehan, husband and wife, conveying to the City of Dubuque, Iowa, the following described real estate, to -wit: Lot 2 of Eagle Point View in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, subject to easements of record, and said delivery of Deed should be approved and accepted. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That delivery of War- rant), Deed from John V. Meehan Special Session, December 16, 1974 617 and Naomi R. Meehan, husband this 16th day of December 1974. and wife, conveying to the City of Allan T. Thoms Dubuque, Iowa the hereinabove de. Mayor scribed real estate be and the same James E. Brady is hereby approved and accepted. C. Robert Justmann Section 2. That said parcel of Emil Stackis real estate shall be under the con- I Alvin E. Lundh trol and jurisdiction of the Board Councilmen of Park Commissioners in and for Attest: the City of Dubuque, Iowa Leo F. Frommelt, City Clerk Section 3. That the City Clerk be and he is hereby authorized and Councilman Stackis moved adop- directed to record said Warranty tion of the resolution. Seconded by Deed in the office of the Recorder Councilman Lundh. Carried by the in and for Dubuque County, Iowa. following vote: Yeas —Mayor Thoms, Council - Passed, approved and adopted men Brady, Justmann, Lundh, this 16th day of December, 1974. Stackis. Allan T. Thoms Nays — None. Mayor ,lames E. Brady RESOLUTION NO. 442.74 C. Robert Justmann Emil Stackis i Alvin E. Lundh 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays ---None. RESOLUTION NO. 441.74 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 William Baum, 3165 Central Av. enue CLASS "C" BEER PERMIT John Neumeister, 729 Lincoln Av- enue Donald F. Wertz, 1545 South Grandview Avenue Passed, adopted and approved 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 William Baum, 3165 Central Av- enue CLASS "C" BEER PERMIT John Neumeister, 729 Lincoln Av. enue Donald E. Wertz, 1545 South Grandview Avenue Passed, adopted and approved this 16th day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded 618 Special Session, December 16, 1974 by Councilman Lundh. Carried b; the following vote: Yeas — Mayor Thorns, Council• men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 443.74 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 approved and licenses issued upon the com- pliance with the provisions of Chapter 131, Acts of the First Reg- ular Session, 64th General Assem- bly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine Gordon, 2327 Central Av- enue Benevolent and Protective Order of Elks, 7th and Locust Streets Eugene L. Kopp - Downtowner, 951 Main Street CLASS "B" (HOTEL or MOTEL) BEER AND LIQUOR LICENSE Design Center Inc., Julien Motor Inn, Sunday Sales, 200 Main Street Passed, adopted and approved this 16th day of December 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 444-74 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 w.th the State Law and all City Ordin- ances 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 Lorraine Gordan, 2327 Central Av- enue Benevolent and Protective Order of Elks, 7th and Locust Streets Eugene L. Kopp - Downtowner, 951 Main Street CLASS "B" (HOTEL OR MOTEL) BEER AND LIQUOR LICENSE Design Center Inc. dba Julien A1ot or Inn (Sunday Sales) 200 Alain Street Passed, adopted and approved this 16th day of December 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh 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, Lundh. Stackis. Nays — None. At 9:39 P.M. Mayor Thoms mov- ed to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Council reconvened in Regular Session at 9:52 P.M. Mayor Thorns moved the appointment of Robert P. `Buzz" Bisanz to the Recreation Commission, to fill the unexpired term of Jack Coffee, term expiring 'I Special Session, December 16, 1974 619 July 5, 1975. Seconded by Council- man Lundh. Carried by the follow- I ing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. There being no further busi- ness, Councilman Slackis moved to adjourn the meeting. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Leo F. Frommelt City Clerk Approved February 10, 1975 Adopted February 10, 1975 620 Adjourned Special Session, December 2Z3, 197.1 CITY COUNCIL OFFICIAL Adjourned Special Session, De- cember 23, 1974. Council met at 7:30 P.M. (C.S.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 duh' made and this meeting is AN ADJOURNED MEETING OF THE SPECIAL SESSION OF DE- CEMBER 12, 1974, TO CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF $2,000,000. SEWER BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Dubuque Advisory Commission submitting minutes of their meet- ing of December 17, 1974, present- ed and read. Councilman Brady moved that the minutes be receiv- ed and filed and anyone wishing to address the Council regarding City Hall, be not made at this time. Seconded by Councilman Stackis. Vote on the motion was as follows: Yeas—Councilmen Brady, Stack - is. Nays — Mayor Thoms, Council- men Justmann, Lundh. MOTION FAILED. Mayor Thoms moved to suspend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Dave Clemens of Advisory Com- mission addressed the Council about Conflict of Interest Resolu- tion previously submitted to the Council and urged adoption; Press for Neighborhood Parks, and Medi- cal Associates Building. Mayor Thoms moved to set Janu- ary 9, 1975, for work session with Advisory Commission and Medical Associates be a viable possibility. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Peoples Na- tural Gas advising of a gas rate increase to its customers on and after January 20, 1975, as permit- ted by the Iowa State Commerce Commission, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas -- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. December 13, 1974 To The Honorable Mayor and City Councilmen On August 2, 1974 an investiga- tion was made by the City of Du- buque Housing Department of a two story stone and frame strue- t.ure and brick accessory buildings located on City Lot 338, City of Dubuque. Iowa and known as 1085. 1091, 1095 White Street and 56, 72 and 74 Hast 11th Street. Many violations of the Minimum Housing Code were noted and, on August 2, 1974 a letter was sent to the own- ers. Loras & Leta Beadle, listing the violations and ordering they buildings vacated as unfit for hu- man habitation. On October 23, 1974 all unit having been vacated, an order was issued to the owners, Loras & Leta Beadle, to correct the violations. On December 3, 1974 an order was sent to the owners, "ras & Leta Beadle, to dismantle the struc- tures and clean up the premises. The concrete block structure on the southwest corner of City Lot 338, City of Dubuque, Dubuque County, Iowa was exempted from this order. This order has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 35.52 be enforc- ed and the owner of said build- ings, known as 1085, 1091, 1095 White. Street and 56, 72 and 74 Fast 11th Street and located on City Lot 338, City of Dubuque, Iowa be required to dismantle said buildings and clean up the prem - ices. Gilbert D. Chavenelle City Manager L Adjourned Special Session, December 23, 1974 621 Councilman Justmann moved that the communication be receiv- ed and filed and a public hearing be set on January 13, 1975 at 7:30 P.M. in the Council Chamber at the City Hall and that the Cite Clerk be instructed to publish not- ice of the hearing in the manner required by law. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Just.marn, Lundh, Stackis. Nays — None. December 13, 1974 Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Treasurer, Water Superintendent, Health De. partment, as well as a list of claims paid. for the month of November 1974. 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 Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays — None. Proof of Publication, certified to by the Publisher, of List of Claims for the month of November. 1974. presented and read. Councilman Lundh moved that the proof of publication be rest ivied and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thom., Council- men Brady. Justmann. Lundh, Stackis. Nays — None. December 19, 1974 To the Honorable Mayor annd Members of the City Council I have approved the following General Liability policies for filing purposes and desire to have your approval of same. Jack C. Jones d/b/a Jack Jones Excavating Northwestern Na- tional Insurance Group Policy No. BCP907063 to 4.1.77 Delmar Rasmussen, Dickeyville, Wis. General Casualty Company of Wisconsin Policy No. GIA 67744 & 5CA 525626 to 7-13.75 Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed and filing be approved sub- jectto the approval of the City Solicitor. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 19, 1974 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 eligible for taxation as agricultural 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 agricultural or horticultural purposes and are entitled to tax exemption as pro- vided by law. A copy of the attached list must be filed with the County Auditor, Gilbert D. Chavenelle City Manager Councilman Justmann suggested a communication be submitted to the State Legislators sounding con- cern in the inadequacies in present State Law. Councilman Justmann moved that the list of applications be approved. Seconded by Mayor Thoms. Carried by the following vote: Year, — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh. Stackis. Nays --None. Printed Council proceedings for the month of August 1974, present- ed for approval. Mayor Thoms moved that the proceedings be ap- proved as printed. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 19, 1974 Honorable Mayor and City Council I have appointed Mr. Robert G. Steichen as a member of the Plumbing Board for a term of 622 Adjourned Special Session, December 23. 11171 five years beginning November 2, 1974. I request your approval of this appointment. Gilbert D. Chavenelle City Manager Councilman Lundh moved that i the appointment be approved. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 20, 1974 Honorable Mayor and City Council In May of this ,year, the City Council adopted Resolution No. 184.74, which requested technical assistance from the Soil Conserva- tion Service in a Feasibility Study of a proposed impoundment struc- ture on the North Fork of the Catfish Creek. The Council had been informed of the concept for this facility which would include a multiple -use structure providing a road fill for the proposed North- West Arterial, with the fill struc- ture to provide water impound- ment and flood -control features as may he feasible at that location. We have enclosed a copy of the draft Concept Statement which has been used as a working outline in the preliminary engineering phase of this study. The location, size and operational features of the proposed impoundment structure have now been established in pre- liminary form, and it has been de- termined that the project would be feasible at the proposed location. The Interim Report of the Soil Conservation Service is also en- closed, as it summarizes the prin- cipal findings of their investiga- tion. Representatives of the Soil Con- servation Service and City staff will be present at your meeting of December 23, 1974, and we re- spectfully request an opportunity to review the results of this study with you. Gilbert D. Chavenelle City Manager Mr. Kircher of Soil Conservation Service and Gary E. Formanck, Civil Engineer of U. S. Dept. of Agriculture addressed the Council by furnishing technical advice rel- ative to the impoundment struc- ture and lake on the north fork of the Catfish Creek. Andy Grevas, Mayor of Asbury, posed several questions as to how the lake would affect Asbury. Attorney Charles Kintzinger, representing Mr. Sie- gert, who owns 197 acres of land in the area stated that the City needs a roadway around the west part of the City and Mr. Siegert is nei- ther for or against the idea, how- ever rapid action is imperative on the part of the City so that Mr. Siegert can plan what to do with his future farming operations. Councilman Justmann moved that the concept be approved and Land Developer in 'North Catfish Creek area, also 2 miles beyond City Limits, be directed to employ passive flood control measures and seek concurrence and recommenda- tion of Town of Asbury. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady. Justmann, Lundh. Stackis. Nays—None. Communication of Mettel Realty & Investment Co, stating the ur- gent need for subdivision lots and requesting consideration that the proposed impoundment structure be possibly moved far enough west not to interfere with the Mettel Byrne subdivision, presented 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. December 18, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 385 of the 1.973 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on October 15, 1974 for applicants to the Police Depart- ment. A Physical Qualification test was conducted on December 10, 1974 for all applicants who had previously passed the written ex- amination with 701% or better. W Adjourned Special Session, December 23, 1974 623 The following named applicants have passed both the written and PQ tests as follows: Raschke, Thomas N . ............91.1% Hoth, Steven C . ......................89.5° Schwab, John G . ....................88.9% Miller, Dennis N .....................85.7% Verdick, Larry C. Jr. ..........85.1% Bradac, Theodore G ...............80.7% Toedt, Michael F . ..................80.5%n Banns, Gary I. . ........................79.8% Skahill. Robert J . ..................78.8% Wagner, Denis M ...................74.1% Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt. Clerk Subscribed and sworn to before me this 18th day of December 1974. Z. D. Ifantelmann Notary Public in and for Dubuque County, Iowa. Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann. Lundh. Stackis. Nays --None. December 19, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1473 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Heating, Ventilating and Refrigeration In- spector. Two applicants took the exami- nation but failed to acquire a pass* ing grade of 70%. Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of December 1974. Z. D. Hantelmann Notary Public Mayor Thoms moved that the communication he received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis, Nays—None. December 19, 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 Diesel Ma- chanic on December 17, 1974. The following named applicant passed the written examination and is hereby certified for appoint- ment. Manternach, Ronald G. ..........70% Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of December 1974. Z. D. Hantelmann Notary Public Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilman Brady. Justmann, Lundh, Stackis. Nays—None. December 1.9, 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 ion of Garage tions for the position Mechanic on December 17, 1974. The following named applicants have passed the written examina- tion and are hereby certified for appointment. 624 Adjourned Special Session, December 23, 197.4 Heacock, Elmer E . ................86% Seconded by Councilman Stackis. March, Dean J .........................82.6% Carried by the following vote: Vosberg, Marvin J .................79.1% Yeas — Mayor Thorns, Coun- Shireman, James R . ..............78.2% cilmen Brady, Justmann. Lundh. Arlen, Steven J .......................76.5` 0 Stackis. Broughton, Robert F .............76.5% Nays—None. Marvin A. Vansickle December 19, 1974 Chairman To the Honorable Mayor and Sr, Carolyn Farrell Members of the City Council Louis F. Fautsch In accordance with the provi- Civil Service sions of Chapter 365 of the 1973 Commission Code of Iowa, the Civil Service Attest: Commission conducted examina. Leo F. Frommelt tions for the position of Food San. Clerk itarian on December 17, 1974. Subscribed and sworn to before The following named applicant me this 20th day of December has passed the written examina- 1974. tion and is hereby certified for Z. D. Hantelmann appointment. Notary Public Brammer, Rex L . ....................76% Mayor Thoms moved that the Marvin A. VanSickle Sr. Carolyn Farrell communication be received and filed and made a matter of record. Louis F. Fautsch Seconded by Councilman Stackis. Civil Service Commission Carried by the following vote: Yeas — Mayor Thorns, Coun- Lundh, Attest: Leo F. Frommelt cilmen Brady, Justmann, City Clerk Stackis. Nays—None. Subscribed and sworn to before December 19, 1974 me this 20th day of December To the Honorable Mayor and 1974. 7.. D. Hantelmann Members of the City Council Notary Public In accordance with the provi• 1 Mayor Thorns moved that the Bions of Chapter the 19 communication be received and Code Iowa, thea Civil Service I filed and made a matter of record. Commission conducted examina- Seconded by Councilman Stackis. tions of the position of Housing Carried by the following vote: Inspector on December 17, 1974. j Yeas -- Mayor Thorns, Coun- The following named applicants cilmen Brady, Justmann, Lundh, have passed the written examina- Stackis. tion and are hereby certified for Nays—None. appointment. December 17, 1974 Daugherty, Willard J ...............77% Honorable Mayor and Zenner, Edward C . ..................76% City Council Schiltz, Laverne E . ..................74% I On July 5, 1974 claim was filed Marvin A. VanSickle iagainst the City by James M. Pet - Chairman ers, 3435 Pennsylvania Avenue #4, Sr. Carolyn Farrell Dubuque, claiming damages to the Louis F. Fautsch antenna of his motor vehicle and Civil Service requesting replacement of same Commission as the result of said antenna al- Attest: legedly being broken by the gate Leo F. Frommelt at the 8th Street Entrance to the Clerk Iowa Street parking ramp on June Subscribed and sworn to before i 1 28, 1974. me this 20th day of December This matter was referred to the 1974. appropriate City Agency who has Z. D. Hantelmann reported to this office of no neg. Notary Public ligence on the part of the City. Mayor Thoms moved that the Accordingly, it is the recommenda- communication be received and tion of the City Attorney that said filed and made a matter of record. claim be denied. Adjourned Special Session, December 23, 1974 g 25 Original claim is returned here- appropriate City Agency who has to, made an investigation thereof and R. N. Russo has notified this office that said City Attorney matter has amicably been settled. Mayor Thorns moved that the Accordingly, it is the recommenda- communication be received and tion of the City Attorney that filed and recommendation of de- said claim be denied. nial be approved. Seconded by Original claim is returned here - Councilman Lundh. Carried by the with. following vote: R. N. Russo Yeas -- Mayor Thoms, Coun• City Attorney cilmen Brady, Justmann, Lundh, Mayor Thorns moved that the Stackis, Nays—None. communication be received and filed and recommendation of de - December 17, 1974 nial be approved, Seconded by Honorable Mayor andCouncilman Lundh. Carried by the City Council I following vote: On November 29, 1974, Merlin Yeas— Mayor Thorns, Coun- Langkamp, 2977 Wildwood Drive, cilmen Brady, Justmann, Lundh, Dubuque, filed claim against the Stackis. City of Dubuque in the estimated Nays_ --None. amount of $125.00 claiming said December 17, 1974 damages occurred on October 26, Honorable Mayor and 1974, as the result of a collapsed City Council sewer the causing sewage backuppn October 1, 1974, City of Du - I in the basement of 2985 Wildwood buque was served with Original Drive. Notice of claim filed in the Iowa This matter was referred to the District Court of Dubuque County I appropriate City Agency who has I Iowa Small Claims Division where - made an investigation thereof and i in Doris S. Churchill was plaintiff by written report to this office I and City of Dubuque named de - reports they find no negligence or ' fendant being S. C. No. 1351 and liability on the part of the City. plaintiff claiming $337.55 for dam - Accordingly, it is the recommen- ages to plaintiffs motor vehicle dation of the City Attorney that by City owned trees. said claim be denied. This matter was referred to the Original claim is returned here- City's insurance carrier for han- with. dling who notified this office on R. N. Russo December 17. 1974, that said mat - City Attorney ter has been settled. Original no - Mayor Thoms moved that the I tice and claim is returned here - communication be received and with. filed and recommendation of de- R. N. Russo nial be approved. Seconded by City Attorney Councilman Lundh. Carried by the Mayor Thoms moved that the following vote: 1 communication be received and de- Yeas -- Mayor Thoms, COun- Lundh, filed and recommendation of be approved. Seconded by cilmen Brady, Justnann, nial Lundh, Carried by the Stackis. Councilman Nays --None. December 1.7, 1974 following votlee: ayor Thoms, Coun- Yeas Honorable Mayor and cilmen Brady, Justmann, Lundh, City Council On September, 9, 1974, Earl G. Stackis. Nays—None. December 17, 1974 Weic hel, 737 English Lane, Du the Honorable Mayor and buuque, filed claim against City Council City of Dubuque, in an unstated damages for Notice of claim against the City amount and claiming a broken post and fence section of Dubuque was filed on behalf of North Western on his property and alleging said as the result of the Chicago and Transportation Company claiming Du damages occurred against. the City of - its being struck by a grass mower. damages out of an accident This matter was referred to the buque, resulting I 626 Adjourned Special Session, December 23, 1974 occurring on July 16. 1973 at their railroad intersection with the driveway leading from Kerper Boulevard to Thruput Terminal in Dubuque, Iowa, and involving one Donald E. Robinson. This matter was referred to the appropriate City Agency who has made an investigation thereof and has notified this office that they find no liability on the part of the City of Dubuque. Accordingly, it is the recommendation of the City Attorney that said claim be de- nied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Claim of Marie Bivens, in an undetermined amount, for personal injuries received on the Mall at Penney's as the result of a fall over a bicycle rack on Oc- tober 24, 1974, presented and read. Mayor Thoms moved that the No- tice be referred to the City Solici- tor for proper proceedings. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 74-74 An Ordinance Authorizing the Is- suance of $2,000,000 Sewer Bonds and Providing for the Levy of Taxes to Pay the Same, present- ed and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Justmann, Lundh, Stackis. Nays—Councilman Brady. Mayor Thoms moved that the rule requiring an Ordinance to 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. 74-74 AN ORDINANCE authorizing the issu- anec of $2,000,000 Sewer Bonds and providing for the levy of taxes to pay the same. —0 WHEREAS the City of Dubuque, in the County of Dubuque, and State of Iowa, heretofore, pursuant to and in strict compliance with all laws applicable, lawfully ordered and provided for building and constructing sewers and improving the sewer outlet and purifying plant in and for the City, the cost whereof, to the amount of Two Million Dollars ($2,000,- 000), is to be paid by said City as a whole by the issuance of bonds; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds at this time and notice and hearing on the initiation of proceedings for such issuance has heretofore been given in manner and form required by Chapters 23 and 408A of the Code of Iowa, and no petition nor protest has been filed, and no petition has been filed requesting that the proposition of issuing said bonds he submitted to the voters of said City; NOW, THEREFORE, Be It Ordained by the City Council of the City of Du- buque. Iowa, as follows: Section 1. That pursuant to and as authorized by Section 396.22 of the Code of Iowa, 1973, as amended, there shall be and there is hereby ordered issued the negotiable Sewer Bunds of said City of Dubuque, in the principal amount of $2,000,000, said bonds to be 400 in num- ber, be numbered consecutively from 1 to 40U, both numbers included, of the denomination of $$000 each, and to be dated December 1, 1974. That the bonds of said issue shall bear interest from the date thereof at the rates hereinafter speci- fied, such interest being payable May 1, 1975, and semiannually thereafter on the first days of November and May in each year until the prinicpal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and the scat of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed thereon. Interest on said bonds shall be evidenced by coupons thereto attached and maturing on the several days when such interest matures, which coupons sh.tll be executed with the facsimile signatures of said officials, and said Mayor and said City Clerk by the execution of said bonds, shall adopt as and for their proper sig. natures their respective facsimile signatures appearing on said coupons. Both prinicpal and interest of said bonds shall be payable Adjourned Special Session, December 23, 1974 627 to lawful money of the United States of America at the office of the City Treas- urer in and of the City of Dubuque, Inwa. Said bonds shall become due and payable in their numerical Order on May of each of the respective years and shall bear in- terest at the rate as follows: Rate of Bond Interest in Year Amount Numbers per cent 1976 $200,000 1- 40 3.20 1977 200,000 41- 80 5.40 1978 200,000 91-120 5 1979 200,000 121-160 S 1980 200,000 161.200 5 1981 200,000 201-240 5 1982 200,000 241.280 5 1963 200,000 281-320 5.20 1984 200,000 321-360 5.20 1985 200,000 361-400 5.20 and interest of this bond are payable in lawful money of the United States of America at the office of the City Treas- urer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the pro. visions of Section 396.22 and Chapter 76 of the Code of Iowa, 1973, and all laws amendatory thereof and supplementary thereto, and in conformity with an or- dinance of the City Council of said City duly passed, approved, recorded and pub- lished for the purpose of building and constructing sewers and improving the sewer outlet and purifying plant in and for said City. And it is hereby certified and recited that all acts, conditions and things re- squircd by the laws and Constitution of Section 2. That each of said bonds Ix subleet to registration as to principal in the State of Iowa to exist, to be had, to the name of the holder on the books of be done, or to be performed precedent to and in the issue of this bond, were and the City Treasurer, such registration being have been properly existent, had, done and noted upon each bond so registered, and performed in regular and due form and after such registration payment of the time; that provision has been made for principal thereof shall be made only to the levy of a sufficient continuing annual the registered holder. Any bond so reg- tax on all the taxable property within said istered, upon the request in writing of City for the payment of the principal and such holder personally or by attorney -in- interest of this bond as the same will re - fact, may be transferred either to a spectively become due; that the faith, designated transferee or to bearer, and the credit, revenues and resources and all the principal of any build so transferred and real and personal property of said City are registered to bearer shall thereupon be irrevocably pledged for the prompt pay - and become payable to bearer in like man- moot hereof, both principal and interest; ner as if such bond had never been regia- and that the total indebtedness of said tered. Registration of any bonds as to City, including this bond, does not exceed principal shall not retrain the negoti- any constitutional or statutory limitations. ability of the coupons thereto attached by This bond is subject to registration as delivery merely. "'principal in the name of the holder on Section 3. That said bonds, coupons and the books of the City Treasurer of said provisions for registration be in subatan- City, such registration to be evidenced by Bally the following form: notation of said Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said City affixed, and the coupons here- to attached to be executed with the fac- simile signatures of said Mayor and said City Clerk, which officials by the execu- tion of this bond do adopt as and for their proper signatures their respective fac- simile signatures appearing on said coupons, all the first day of December, 1974. (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE SEWER BONI) N0. $5000 KNOW ALL MEN BY THESE PRE- SENTS: That the City of Dubuque, in the County of Dubuque and State 4 Iowa, for value received. Promises to PAY to bearer, or if this bond be registered as to principal, to the registered holder here- uf, the sum of Five Thousand Dollars (Ss000) on the first day of May, 19 , with interest oil said turn from the date hereof at the rate of ._..._--- ---- per cent ( _ per cent) Per annum, payable May 1, 1975, and semiannually thereaf'cr _-- on the first days of November and May Mayor of the City of in each year until said principal sum is Dubuque, Iowa paid, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal Attest: City Clerk of the City of Dubuque, Iowa 828 Adjourned Special Session, December 23, 1974 (Form of Coupon) No. — $___ On_ - - — 19—_, the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer — Dollars ($—) at the office of the City Treasurer, Du- buque, Iowa, for interest due that date cn its Sewer Bond, dated December 1, 1974, No. Mayor Attest: City Clerk (Form for Registration of Ownership) Date Name of Signature Regis- Registered of City tration Owner Treasurer On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of December, 1974. Treasurer of the City of Dubuque, Iowa Section 4. That said bonds be executed as herein provided as soon after the adop- tion of this ordinance as may be and thereupon they shall be delivered to the Treasurer of said City, who shall register the fact of the issuance of same in a book provided for that purpose and shall deliver said bonds to the purchaser as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon, and all action heretofore taken in connection with the sale and award of said bonds is hereby ratified and confirmed in all respects. Section 1. That the principal proceeds of the sale of said bonds shall be devoted to and used with due diligence for the completion of the facilities for which said bonds are hereby authorized to be issued. The Council represents and certifies that: (1) the said City has heretofore in- curred a substantial binding obligation with respect to said facilities; said binding obligation comprising contracts for ma- terials and for the construction of the improvements in the amount of not less than 21ri per cent of the estimated total cost of said facilities; (2) the City Council expects that over 85 per cent of the spendable proceeds of said bonds (including investment proceeds) will be expended on or before January 1, 1976, for the purpose of paying the cost of said facilities, said date being within three years following the date of issue of said bonds; (3) work on the said facilities has pro- ceeded and is expected to proceed with due diligence to completion; (4) said facilities have not been and are not expected to be sold or otherwise dis- posed of in whole or in part prior to the last maturity of said bonds; (5) all of the principal proceeds of the bonds are needed for the purpose stated in the form of bond above set out, in- cluding expenses incidental to such pur- pose and to the issuance of the bonds; and (6) to the best of the knowledge and belief of the Council there are no facts, estimates or circumstances that would materially change the conclusions and representations set out in this section. Said Council also certifies and further covenants with the purchasers and hold- ers of said bonds from time to time out- standing that so long as any of said bonds remain outstanding, moneys on deposit in any fund or account in connection with said bonds, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any sources, will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, and any lawful regulations pro- mulgated or proposed thereunder, includ- ing Sections 1.103-13 and 1.101-14 of the Income Tax Regulations (26 CFR Part 1). as the same presently exist, or may from time to time hereafter be amended. supplemented or revised. The Council rr. serves the right, however, to make any investment of such moneys permitted by state law if, when and to the extent that said Section 103(d) or regulations pro- mulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent juris- diction, but only if atty investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized cumpetence in such matters, result in making the interest on said bonds subject to federal income tax- ation. Section 6. That as required by Chapter 76 of the Code of Iowa and for the pur. pose of providing for the levy and col- lection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ordered levied on all the taxable property within said City a direct annual tax for each of the years while said bonds or any of them are out- standing, in amounts sufficient for that purpose, and that there be and there is hereby levied upon all the taxable property in said City the following direct annual tax, to -wit: In the year 1975 for collection in the fiscal year ending June .30, 1976, a tax sufficient to produce the sum of $345,067 for principal and interest; Adjourned Special Session, December 23, 1974 629 In the year 1976 for collection in the fiscal year ending June 30, 1977, a tax sufficient to produce the sum of $292,000 for principal and interest; In the year 1977 for collection in the fiscal year ending June 30, 1978, a tax sufficient to produce the sum of $281,200 for principal and interest; In the year 1978 for collection in the fiscal year ending June 30, 1979, a tax sufficient to produce the sum of $271,200 for principal and interest; In the year 1979 for collection in the fiscal year ending June 30, 1980, a tax sufficient to produce the sum of $261,200 for principal and interest; In the year 1980 for collection in the fiscal year ending June 30, 1981, a tax sufficient to produce the sum of $251,200 for principal and interest; In the year 1981 for collection in the fiscal year ending June 30, 1982, a tax sufficient to produce the sum of $241,200 for principal and interest; In the year 1982 for collection in the fiscal year ending June 30, 1983, a tax sufficient to produce the sum of $231,200 for principal and interest; In the year 1983 for collection in the fiscal year ending June 30, 1964, a tax sufficient to produce the sum of $220,800 for principal and interest; In the year 1984 for collection in the fiscal year ending June 30, 1985, a tax sufficient to produce the sum of $210,400 for principal and interest. A certified copy of this ordinance shall be filed with the County Auditor of Du- buque County and said Auditor shall be and he is hereby instructed in and for each of the years 1975 to 1984, inclusive, to en- ter for collection and assess the tax hereby authorized. When annually entering said taxes for collection, the County Auditor shall include the same as a partof the tax levy for debt service fund purposes of said City, and when collected, the pro- ceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of principal and interest of the bonds hereby authorired and for no other purposes what- soever. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be prompt- ly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus Ad- vanced when the taxes herein provided shall have been collected. That if in any year funds shall be realized from sources other than the tax above provided which funds shall be properly applicable to the payment of the principal of and interest on thesear bonds, such tax for the succeeding 3' abated and not extended for collection to the extent of the funds so avasla It afor a actually set aside and pledged purposc. It is hereby declared to be the purpose and intent of said City to issue the bonds hereby authorized as general municipal obligations pledging the full faith and credit of said City for their payment by means of taxation, but at the same time permitting the pledging and use of funds available from any other source, which may be properly applied to the payment of said principal and interest. Section 7. That all ordinances, resolu- tions or parts thereof in conflict here- with be and the same are hereby repealed to the extent of such conflict. Passed and approved December 23, '974. Allan T. Thoms Mayor Attest: Lm F. Frommelt City Clerk Accorded December 23, 1974. Published December 27, 1974. Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 27th day of De- cember, 1974. Leo F. Frommelt City Clerk. It. 12-27. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays—Councilman Brady. Petition of Wm. P. Morehouse et al (25 signers) requesting re- moval of "No Parking" signs on the south side of Fenelon Place, presented and read. Mayor Thoms moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of George Kennedy re- questing opportunity to purchase Lot 2 of 1 of 1 of 1 of I of 1 of 1 of 1 of M.L. 342 off Kaufmann Ave., presented and read, Mayor Thoms moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. 830 Adjourned Special Session, December 23, 1974 Petition of Nelson M. Norwood Sr., requesting a refund of $50 on the unexpired portion of cigarette license No. 460, as he discontinued business on 12-3-74, presented and read. Councilman Lundh moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Thompson Food Mar- kets requesting a refund of $50 on the unexpired portion of ciga- rette license No. 331, as they dis- continued business at 1101 Rhom- berg Ave. on 12-23.74, presented and read. Councilman Lundh moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Gerald E. Miller Sr. requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 458, as he discontinued business on December 2, 1974, pre- sented and read. Councilman Lundh moved that the refund be granted and City Auditor be di- rected to issue proper warrant. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 20, 1974 Honorable Mayor and City Council The Fair Labor Standards Act of 1938 was amended by Pub. L. 93- 259, 88 Stat. 55 May 1, 1974. According to regulations on Pol- ice and Firefighters, promulgated by the Department of Labor on No- vember 1, 1974, the City of Du- buque must make a positive dec- laration of what constitutes a "work period" for Police and Fire Departments. These regulations further state that if the practice of trading time is to be continued, the city must make a positive declara. tion that time traded must be paid back within the calendar year. Failure to comply with these regulations could result in the pay- ment of unnecessary overtime. I submit for your approval the following resolutions to comply with these directives. Francis A. Murray Assistant 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. RESOLUTION NO. 445.74 Resolution Establishing and De- claring the Work Period for Em- ployees engaged in Fire Protec- tion Activities and Establishing and Declaring Shift Trading Pol- icy. WHEREAS, the Fair Labor Standards Act of 1938 as amended by the Fair Labor Standards Amendments of 1974 (PUB L. 93- 259 88 Stat. 55) requires the dec- larations of a work period and a declaration of a policy for shift trading for employees engaged in Fire Protection Activities, as de- fined in said Fair Labor Standards Amendments. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That the declared work period for employees en- gaged in Fire Protection Activities as defined in the Fair Labor Stand- ards Amendments be twenty-one days commencing December 30, 1974. Section 2. That the past practice of voluntary shift trading be allow- ed to continue with the declared policy that all shift time traded be paid back during the same calen dar year in which the shift trading occurs. Section 3. That this declaration of work period and shift trading be effective January 1, 1975 through December 31, 1975. Adjourned Special Session, December 23, 1974 631 Passed, adopted and approved this 23rd day of December, 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: I.eo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Ma- or Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 446.74 Resolution Establishing and De- claring the Work Period for Em- ployees engaged in Law Enforce- ment Activities and EstJblish• ing and Declaring Shift Trading Policy. WHEREAS, the Fair Labor Standards Act of 1938 as amended by the Fair Labor Standards Amendments of 1974 (PUB L. 93- 259, 88 Stat. 55) requires the dec- larations of a work period and a declaration of a policy for shift trading for employees engaged in Law Enforcement Activities, as de- fined in said Fair Labor Standards Amendments. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THF. CTTY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That the declared work period for employees engaged in Law Enforcement Activities as defined in the Fair Labor Stand- ards Amendments be twenty-eight days. Section 2. That the past practice of voluntary shift trading be al- lowed to continue with the declar ed policy that all shift time trad• ed be paid back during the same calendar year in which the shift trading occurs. Section 3. That this declaration of work period and shift trading be effective January 1, through December 31, 1975. Passed, adopted and approved .his 23rd day of December. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thorns. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- mne Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 447.74 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 Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Joseph A. Schumacher, Noel's Tap, 2400 Central Avenue Paul E. Anthony, Ring's Fine Food Restaurant, Inc., 1185 Dodge Street Thompson's Food Markets, Inc., Oky Doky #11, 1101 Rhomberg Avenue Passed, adopted and approved this 23rd day of December 1974. Allan T. Thorns Mayor James E. Brady Emil Stackis 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 Thorns, Council. men Brady, Lundh, Stackis. Nays — Councilman Justmann. RESOLUTION NO. 448.74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, 632 Adjourned Special Session, December 23, 1974 NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the com- pliance with the provisions of Chapter 131. Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James P. Kachevas and Sunday Sales, 665 Dodge Street Joseph A. Schumacher, Noel's Tap, 2400 Central Avenue Passed, adopted, and approved this 23rd day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh 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, Counen- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 449-74 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, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James P. Kachevas and Sunday Sales, 665 Dodge Street Joseph A. Schumacher Noel's Tap, 2400 Central Avenue Passed, adopted and approved this 23rd day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert. Justmann Emil Stackis Alvin F. Lundh 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. RESOLUTION NO. 450-74 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 granted and permits issued upon the com- pliance with the terms of the Ord- inances of the City. CLASS "B" BEER PERMIT Loras College, Loras and Alta %ista Streets CLASS "C" BEER PERMIT Thompson's Food Market, Inc. Oky I>oky #9, 51 West 32nd Street Passed, adopted and approved this 23rd day of December 1974. Allan T. Thoms Mayor C. Robert .Justmann Emil Stackis Alvin E. Lundh 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 Justmann, Lundh, Stackis. Nays — Councilman Brady. Adjourned Special Session, December 23, 1974 633 RESOLUTION NO. 451.74 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 Ordinances of this City and they have filed proper bonds; NOW TIiEREFORE 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 Loras College, Loras and Alta Vista Streets CLASS "C" BEER PERMIT Thompson's Food Markets Inc., Oky Doky #9, 51 West 32nd Street Allan T. Thoms Mayor C. Robert Justmann Emil Stackis Alvin E. Lundh 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 Justmann, Lundh, Stackis. Nays — Councilman Brady. At 9:55 P.M. Councilman Stackis moved to go into Executive Ses- sion on pending litigation and to discuss Labor Negotiations present- ly under way. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Council reconvened in regular session at 10:12 P.M. At that time it was announced the subjects dis- cussed were personnel policy and legal proceedings on landfill. There being no further business, Councilman Stackis moved that the meeting be adjourned. Seconded by Mayor Thoms. Carried by the following vote: Yeas --- Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Leo F. Frommelt, City Clerk Approved February 10, 1975 Adopted February 10, 1975 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA FOR THE YEAR 1975 CITY OFFICERS FOR THE YEAR 1975 COUNCILMEN C. ROBERT JUSTMANN, Mayor JAMES E. BRADY DONALD R. MEYERS 7/21/75 to 11/4/75 ALVIN E. LUNDH ALLAN T. THOMS 7/19/75 EMIL STACKIS THOMAS A. TULLY, JR. 11/10/75 City Clerk ..........................................................LEO F. FROMMELT CitySolicitor......................................................................R. N. RUSSO Assistant City Solicitors ................................WILLIAM G. BLUM JOSEPH P. ZWACK 3/15/75 BARRY A. LINDAHL 8/1/75 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 ofPolice ....................................................ROBERT J. O'BRIEN Civil Defense Director ............................BEN J. OTEARY 3/31/75 ROBERT GOOCH 4/16/75 Sup't. of Water Works ................................ .....................J. J. HAIL Street Commissioner ....................................MERLE FELDERMAN Director of Recreation ................RI HARD SLATTERY 4/4/75 TRUEBLOOD TERRY 4/7/75 Planning Director ........................................DANIEL DITTEMORE Building Commissioner ....................................DONALD J. BANDY Electrical Inspector ........................................EDWARD O. ALBER Health Director ................................KENNETH K. HAZLET, M.D. Health Administrator........................................................A. J. ROTH Sanitary Officer..................................................LAVERNE GOERDT Food and Restaurant Inspector ............................REX BRAMMER Plumbing Inspector .................................. ...RICHARD J. FEYEN Library Director ........................................WILLIAM G. FULLMER Supt. of Parks ....................................................RICHARD KRAMER Airport Manager ..........................................................JEFF MOLID Community Development Director ............GENT WITTENBERG Regular meetings of the City Council are held on the First Monday of each month at 7:30 P.M. INDEX -BOOK 105 1975 SUBJECT Page A Jan. 6 -American Trust & Savings Bank, appointed official depository for City Funds ............................................ 2 " 6 -Approving Audit of City Financial condition for 1974 andfirst half 1975 ........................................................ 2 " 6 -Area "C" Development Study Committee, list of names for same, submitted by Dock Commission ................ 3,51 " 6 --"Alien Address Report Month," month of January so proclaimed........................................................................ 3 " 6 -Adams Company, being opposed to proposed Fourth Street Redevelopment Plan ........................................ 4 " 13 -Agenda for Council, suggesting streamlining same 16,297, 341 " 13 -American Legion Auxiliary, requesting to sell poppies on May 23rd & 24th .................................................... 20 " 13 -Andresen, Thomas, Granted Class "C" (Commercial Beer & Liquor License ............................................ 22 " 14 -Agreements, Memoranda of, City Manager authorized to execute same with various employee group organizations ....................... ................................24, 90, 135 " 14 -Advisory Committee, by Dave Clemens, reporting on variousproposals to house City Government ............ 25 " 20 -Annie Waller's Sub., reclassifying portions of to Local Business "A" District. (Table Mound Park, Inc.).................................................................................... 43, 85 Feb. 3 -Advisory Commission, submitting minutes of their meetings. ................. .. ...........................................58, 93, 127, 167, 208, 243, 308, 339, 356, 515, 565, 603, 633 " 3 -Airport Commission, submitting minutes of their meet- ings. 58, 78, 111, 120, 154, 208, 309, 349, 450, 476, 538, 603,622 " 3 -Area One Vocational Technical School, organizational meeting for those interested in services to senior citizens............................................................................. 59 " 3 -Alpha Phi Omega of Loras College, requesting to distribute tags to support "Shamrocks for Dystro- phy" Drive on March 15, 1975 .................................... 59 " 10 -AGREEMENT, revised, with Paul D. Speer and Assoc. for service in connection with sale of City Revenue & General Obligation Bonds, submitted by City Manager.......................................................................... 69 " 10 -Application with the Dept. of Transportation, for a grant under the Urban Mass Transportation Act of 1964 as amended for purchasing new buses............ 110. 336,370 ..................................................................73, " 24-Avenarius, Julie Kay, Notice of personal injuries Claim 81, 169 " 24 -AGREEMENT between Iowa Highway Comm. and the City; giving City 50% of cost of repaving Dodge St. with asphalt from Bluff to Grandview and building deceleration lane at Devon Dr. intersection ............ 88 " 24 -Amalgamated Transit Union Division, agreeing to pay plan during period of January 1, 1975 through June 30, 1976.......................................................................I.... 90 Mar. 3 --Admiral Street & Hillcrest Road, Mettel Realty & Investment Co., requesting to install street lighting insame............................................................................ " 3 -Apartment, Ltd., The, granted Class "C" (Commercial) 95, 101 Beer & Liquor License ................................................... 97 " 10 -Annexation policy, formal, requesting adoption of same..................................................................................103, " 10 -Ames, Bobbe, relative to formal annexation policy 120 adoption........................................................................... " 10 -Adams, Eliza, requesting bus service be added on 103 Sundaymornings............................................................110, " 17 -Army Corps of Engineers, channel maintenance dredg- 314 ing upper Mississippi River from Guttenberg, Ia., toSaverton, Mo............................................................ " 17 -Air Pollution Control, submitted by Illinois D.O.T., 111 relative to same ........................................................112, " 24 -Apel, Edward, Sidewalk Construction Bond submitted 139, 168 121 Apr. 7 -Army Corps of Engineers submitting flood plan report for Mississippi River .................................................... 128 INDEX—BOOK 105 1975 _ SUBJECT Page 7—Agreement, Intergovernmental, for the creation of the Dubuque Metropolitan Solid Waste Agency, sub- mitted by City Engineer........................................1?8, 149, 625 " 7—Annual Finance Report for 1974 submitted by Finance Director............................................................................ 130 " 7—A-1 Plumbing, Cooling & Heating Co., Notice of Bank- ruptcyNo. B 75-1012 .................................................... 130 7—Asbury & Woodlawn Intersection, Fred F. Sinhold et al, (50 signers) requesting parking be limited to one side on Woodlawn North approx 300' ........................ 133 7 -Agreement between City & Iowa State Highway Comm. relating to the installation of traffic control signals for school crossings at various locations within the City (Number 74•T-037) ................................136, 188, 230, 262 7—Agreement, rigbt-of-entry, to allow construction of sidewalks along the floodwall, with U.S. Army Corps of Engineers........................................................136 " 14 --Albert, Dick, relative to beautification 142 14—Ad hoc advisory Comm. preservation for historical structures to be established ........................................ 142 " 14—Agreement, Project, with Iowa DOT for study on " 21—Ahlerap Cooney.osed Dorweile gllbeeo Haynie & Smith, 145 attorneys representing Bethany Home, in a pro- posed bond issue .......... 154, 180, 224 21—Advisory Commission, appointments made to ,........... .................................................163, 164, 321, 347, 427, 619 21—Alfredo, William Jr., Granted Class "C" (Commercial) Beer & Liquor License ............... 25--Allendorf, Don, a " "....'.'...ory....... - 162 appointed to Cable -TV Advisory Com- mission 164 ., 25—Alfredo,................................ William, appointed to Cable -TV Advisory ., Commission 164 28—Area One Vocational -Technical School looking **for garden plots .............. 167 28—Astgen, Thomas Granted Cigarette License .... g nse and granted May 2--A.lthalusseerlSt., in luded r Pein ........................... 1875 Asphalt Paving Proje0.171, 295 ct ,. o. 1 »......................... ..._.......... ................ .................. 177 5—Asbury Road, included in 1975 Asphalt Paving Project >, No. 1 (DELETED) ......................... 177, 225, 226 5—Agreement, and Relocatio....n Ease..ment secured from Illinois Central Gulf Railroad Co. in connection with the installation of South Dubuque Interceptor Sanitary Sewer ............ 5—Air Ort Commission authorized to file application with 187 DOT -FAA for purchase of crash -fire rescue equip. „ ment. (Project No. 8-18.0028-0175) 12—Advisory Commission submitting results of survey of 183 attitudes and priorities of citizens of the City ........ 12—AGREEMENT, LEASE, with Loras For SAN JOSE 189 Pool and Handball Courts 19 --Airport, Municipal, requesting approval of local funds 207' 480 for share of cost of constructing a 3" asphalt mat on North-South Runway 19—AIRPORT, Approving and Accepting of Grant Offer 213, 236 from Adm, of FAA to obtain Federal Aid in Devel. opment of Dubuque Municipal Airport. (Project No, ., 19—American Bion Gran9 028.01) ....................ted ...... m,e*..rci...al) .... 213 Class '"C" (Comme Beer &Liquor License ........... . 27—AGREEMENT with Inns of Iowa,.. Ltci.....for fronte 338 road a serve facility known as a Ramada Inn at intersection of Division St. & Highway X20 27—AiRYpRT COMMISSION RESOLUTION—Requesting 235 City Council to proceed with issuance and sale of $125,000. General Obligation Bonds for improve- ments to " 27—A & P. Granted airport C garette License and "C^ Beer granted Class 272 June 2—AdvisoryPermit ........... . Comm. in favor of combining Park Board' and Recreation Commission into one Board 244 NL INDEX—BOOK 105 1975 SUBJECT Page " 2—Andresen, Thomas E., Granted Cigarette License ........ 250 " 2—Amundson, Ronald T., Granted Class "C" (Commercial) Beer & Liquor License ................................................ 251 " 9—Auditor of State, statement for year ending Dec. 31, 1973, amt. of property tax paid to cities and towns in Dubuque County ............... _.......... ................ _........... 253 " 9—Amending the Budget as approved by Ordinances 1-74 and38-74..........................................................................258, 313 " 9—Ambassadors, Dubuque, sponsors for the 1975 Iowa Community Betterment Program ................................ 265 " 9—Adams, Ronald, Granted Cigarette License .................... 268 " 16—Auditor, (County), settlement of sale of property at 850 Monterest................................................................ 278 " 16—AGREEMENT, Primary Road Extension Maintenance and Operation, for period of July 1, 1975 to June 30, 1976............................................................................ 278 " 16—Airport report for year 1974 submitted .... ................... 278 " 16—Airport Commission, Ordinance establishing same for the City of Dubuque, fixing the powers and duties of said commission........................................................ 290 " 16—Arlen's, Clarence Place, approving plat of Lots 1-13 in the City.... 290 inclusive, all in West Ridge Addition " IS—AGREEMENT, 28E, City to become a member of the Dubuque County Law Enforcement Telecommunica- tions Plan under same .................................................... 291 " 16—Arvanitis, George K., Granted Cigarette License ........ 296 " 23—Application for a temporary Solid Waste Disposal Project Permit submitted .............. ................. 303 23—Andresen, John C., Granted Cigarette License (2)........ 303 ^ 23—Adams, Charles, Granted Cigarette License .................... 304 " 23—Aquinas Institute School of Theology, Granted Cigar- etteLicense.................................................................... " 30—American Legion, Granted Cigarette License ................ 304 318 " 30—Apartment 5-A, Granted Cigarette License ................ 318 July 21—Affirmative Action Program, Judy McCoy questioning first report on same .................................................. " 28—"Affirmative Action Program" submitted by City 350 Management.................................................................... 356 Aug, 4—Amundson, Ronald T., and Richard D. Winsor, Granted Cigarette License............................................................ It 11—Asbury Square, protest of assessments of real estate 425 429 " ll --Asbury Bicentennial Flag presentation to be held an Aug. 21, 1975................................................................ " 11—Advisory Commission, TV, requesting clarification 429 of Ordinance No. 8-75 pretaining to Commercial 435 Rateson television ............................................... _....... " 18—Avenarius, Richard, requesting to purchase portion of 1 1 Lot 11 in Althauser an alley abutting Lot of of Sub.453, 556, 593 ....................................................................442, " 18—AmVets Post #3, Granted Class "C" <Commercial) Beer 447 & Liquor License............................................................ Sept. 2—Ambulance, Modular Type, City Manager recommend- 454 ingbids for same .................... ......................... I.............. " 8—Adams Company, opposing 4th St. Peninsula area re- development................................................................... " 8—Advisory Commission submitting recommendatdoms 464 467 concerning river pollution and shigellosis ............ " 8—Agricultural Land Tax Credit List for 1975 as sub- mitted by the City Assessor, submitted by City 468 Manager........................ ... ..................................... ............ " 15—Albrecht Acres, Dubuque County Assn for Retarded Citizens expressing thanks for contributions made to building and programs of same ............................ " 15—Accessibility to City Hall by handicapped presented 475 475 " 29—Arbor Oaks Subd., Iowa Northwestern Development Corp. requesting installation of seven street lights 526 insame ...................................................... ......................496. " 29—Asbury Springs Subd. No. 1, approving plat of same. 507. 548 (Powers and Kaiser)........................................................ Disposal Lease, Oct. 7—Agreement renew a 14th & Elm Streets 515 same propert INDEX -BOOK 105 1975 SUBJECT Page " 7—ARTICLES OF AGREEMENT for the Dubuque Metro- politan Area Transportation Study submitted by 526, 571 the City Engineers ...................................................515, " 7—Accidents, when the apparent total property damage is $250.00 or more to be reported to the office of the Chief of Police ................................................517, 527, 538 " 7—Ambulance, purchase of same, bid awarded to Environ- mental Safety Products ............................................... " 13—Amling, Loras, relative to Ordinance on Unit Price 526 Coding........:...................................................................... " 13—Asbury Rd., residents of 1660 and 1690 of same, being cognizant of recent new zoning ordinance for their property at. same address ......... ................... 52fi, 578, 622 " 20—Application of the City & County for a flood plain information study along Catfish Creek and Little Maquoketa River, approved by National Resources Council.............................................................................. 536 " 20—A & P Store on Asbury Rd., Donald Schute appealing same to clean premises surrounding their property 538 " 27—Airport, State Governor presenting a State Flag for same..............................................................oppe.................... 554 w " 27—Annexation to the City, requested by Kr•Poers Ford.................................................................................... 559, 633 Nov. 3—A & W Restaurant, objections to same being made into Drive-in Restaurant ........................................................ 568 " 10—American Legion Post #6 requesting to conduct Vet- eran's Day Ceremonies ........ I....................................... 580 " 17—Annexation, formal, League of Women Voters stressing the need for same ........................................................ 584 " 24—Armory for National Guard, requesting land for con- struction of same ........................................................ 594 Dec. 1—Agenda, Council, requesting same to be published in preceding Sunday's newspaper, suggested by Ad- visory Commission ........................................................603, 626 " 8—A.C.O.G. and County Supervisors to share services of E.O.O. and include study of County Human Rights Commission...................................................................... 614 " 8—AGREEMENT, proposed, between Bowen -Kanazawa Partnership and Five Flags Civic Center Fund .... 614 " 8 --Albert, Richard F., appointed to Community Develop- ment Commission............................................................ 619 " 8—Ames, Bobbe J., appointed to Community Development Commission...................................................................... 619 " 15—Abitz, Don, appointed to Cable TV Advisory Commission 629 " 22 ---"Alien Address Report Month" proclaimed for month of January, 1976............................................................ 633 INDEX -BOOK 105 1975 _ --_ _ SUBJECT — — Page B Jan. 6—Building Department, Inspectors of, requesting review of the City Pay Plan .................................................... 3, 23 " 6—Braconier Inc., objecting to paving of E. 7th St, in regards to 4th Street Redevelopment Plan ................ 4 notice to the City for indemnity for damages " 6—Blades, Alta Jane, objecting to and serving formal notice to the City for indemnity for damages sustained as result of operation of sanitary land fill on Gantz properties ............................................................ 4 6—Boardman, Mrs. Arthur M. (Catherine), Settlement of Claim.......................... ... ... ........................... " 6—BONDS, STREET IMPROVEMENT, issued for provid- 5 ing for the payment of assessed cost of 1973 Con- crete Sidewalk Project ................................................ 10 " 6—Burke, Josephine, granted Class "C" (Commercial) Beer & Liquor License and Cigarette License........ 13, 304 " 13—Barrett, Mary E., Notice of personal injuries Claim.... 17 " 13—Bonds, Industrial Revenue, Approving of fee schedule whenever and as often as any corporation shall re- quest the City to finance any project by the issu- anceof same................................................................19, 144, 180 " 13—Beadle, Loras and Leta A., owners of property at 1085, 1091, 1095 White St. and 56, 72 & 74 E. 11th St., buildings to be dismantled and removed ................ 21 " 13—Berger, Dave, reappointed to the Youth Services ........ 22 " 13—Bellucci, JoAnn, appointed to the Youth Services ........ 22 " 14—Bockes, Walter, Personnel Manager, to negotiate with union that did not agree to contract ........................ 24 " 20—Brockman, Mrs. Ralph, Notice of personal injuries claim 26 " 20—Building Trades Employers Assn., suggestions for im- provement of the proposed code ............................ 26 " 20—Building Code for the City, An Ordinance revising and re-establishing same ............................................ 26, 351 Feb. 3—Becker Report, The, submitted by City Management.... 57 " 3—Block Grant Funds, meetings to be held relative to same, and proposed uses of same ........................58, 79, 125 " 3—Bridge, Iowa -Wisconsin, Councilman Thoms to com- municate with D,O.T, on proposed ........................ 63 " 10—Board of Supervisors, requesting maintenance charge of Law Enforcement Center ........................................ 65, 131 10—Billington, Mary, retain the 4th St. Neighborhood .... 66, 79, 125 " 10—Bonds, City Revenue & General Obligation, City Man- ager submitting revised agreement with Paul D. Speer & Assoc. for service in connection with sale ofsame............................................................................ 69 " 10—Buses, purchasing new, application made to D.O.T. by Dubuque Transit System ............. ............72, 110, 336, 370 " 24—Bechen, Mrs. Harold, copy of letter from Allan L. Donielson, U.S. Attorney, relative to pornography " 78 24 --Bahl, John, reference to rehabilitation ............................ 79 " 2' --Bulk Transfer Notice, relative to business of Inter- continental Coffee Service of Dubuque; re coffee machines.......................................................................... 81 " 24—BUDGET ESTIMATE SUMMARY for fiscal year July 1, 1975 to .lune 30, 1976, submitted by City Man- ager, Fixing Date of Hearing ................88, 99, 118, 119, 126 " 24--Bogarth, George, relative to Casual Day Proposal .... 89 Mar. 10—Busses, objections to possible removal of same during thesummertime.............................................................. 100, 118 " 10—Bradley, Brian E., Notice of Car Damage Claim ........ 101 " 10—Buesmer, Glenda, relative to fireworks display request of Loras College............................................................ 103, 112 " 10—Bahl, Shawn et al, requesting establishment of Girl's Center................................................................................ 103 " 10—Bertsch, Robert, Atty. for Janlin Plastic Co., request- ing removal of certain conditions in resolution and deed relative to their property ................................ 104, 139 " i0—Bartmann, Ted, Granted Cigarette License .................... 107 " 10—Brant, Carl N., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ................ 108, 250 INDEX -BOOK 105 1975 SUBJECT ram " 17—Baumgartner, Ruth, objecting to raise in Cable TV rates l l l " 24—Building Inspector, Dubuque Homebuilders & Associ- ates objecting to proposal to eliminate additional 118 " 24—Behnke, Vernon, recommending funds should be used to pay off the Urban Renewal debt ........................ 119 " 24—Beautification Committee requesting to solicit funds, material and manpower to meet goals of "Beautify Dubuque Month" ....................................122. 127, 14 161, 350 Apr. 14—Baseball Week — April 13 thru 19 ................................ 142 " 14—Brice, Petrides and Associates of Waterloo to be consultants for proposed North-West Arterial road- way ............................................................145, 146, 154, 587, 596 21—Brady, Councilman, appointed to Metropolitan Area Solid Waste Agency........................................................ 149 " 21—BETHANY HOME, proposed bond issue, to be repre- sented by Attys. Ahlers, Cooney, Dorweiler, Allbee, Haynie d& Smith ............................................154, 180.224, 485 " 21—Bicentennial Committee, relative to plan of action and City's commitment to participate in the nett year andone half.................................................................... 159 " 21—Board of Zoning Adjustment, appointments made 163 " 21—Board of Appeals -Building Code, appointments made ....................................................................163, 164. 321, 438. 619 25—Bisping, Herbert F., Granted Class "B" Beer Permit 165 " 28—Barr, Ms. Sharon, submitting reports of the study com- mittee on City -County Health Department Merger " 167 28—Bisping, Herbert J., behalf of Harold Miller, requesting reclassification of Lot 10 of Block 3 in Mettel-Link Subd...........................................................................170, 223. 299 May 12—Biasi, Karl, relative to benefits of 701 Program ............ 198 " 12 --Broken Spur Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ....195, 202, 203, 206 " 19—Beecher Co. Granted Class "C" Beer Permits (2) ........ 217 " 22—Brady, Councilman, censored ............................................219, 239 " 27—Baxter, Elaine, relative to Preservation Conference 712 " 27—Blouin, Michael T., relative to dredging from the 3dis- sissippi River; relative to municipal waste water treatment plants; presenting outdoor nylon flag for CityHall............................................................................ 222 " 27—Blue Moon Inc., Granted Cigarette License and Class "C" (Commercial) Beer & Liquor License ................ 241, 295 June 2 --Blue Cross -Blue Shield for Virginia Hos, Notice of Claim.................................................................................. 246 " 9—BUDGET, AMENDING same as approved by Ordinan- ces1-74 and 3874 ............................................................ 258, 313 " 9—Bauer, Daniel W. and Marilyn K., Granted Cigarette License........................................................... 268 9—Becker, Robert L., Granted Cigarette License and Class CBeer Permit ........................................................ 268 9—Birch Oil Co., Granted Cigarette License ........................ 268 " 9—Board of Supervisors and City Council jointly request- ing Iowa Natural Resources Council approve ap. plication for flood plain information study under Provisions of Sec. 206, Public Law 86-645 270 .......... 16 --BONDS, AIRPORT GENERAL OBL1GA710N, sale of same............................................................................. " 16—Beecher Co., Granted Cigarette Licenses (2) 272 ................... 16—Bishop Suburban Buffet, Granted Cigarette License 23—Battery-powered investigate. 295 295 cars, feasibility ...............• " 23—Bersley, Otis & Rosella, suspension of real estate taxes " 297 298 23—Bieberman, Louise, suspension of real estate taxes " 23—Boettcher, Donald G. & 298 Eleanor E., suspension of real estate taxes .................. 23—Bradley, Helen M. suspension of real estate taxes " 23—Bowman, Sandra, Notice of personal injuries " 298 298 claim ... 23—Bailey, Edward, Granted Cigarette License ................ " 23—Barton, Richard, Granted Cigarette License " 299 304 ................ 23--Beidler, Robert, Granted Cigarette License " 304 .•.............. 23—Big "G" Steak House, Inc., Granted Cigarette License 304 304 23—Birch Oil Co., Granted Cigarette License ................... 23—Bunker Bill 'Pro Shop, Granted Cigarette 304 License ........ 304 _ INDEX—BOOK 105 1975 SUBJECT Pag " Burger King, Granted Cigarette License ............ 304 23—Bender, Jake, Granted Cigarette License .................... 304 " 23—Bailey, Edward A., Granted Class "C" (Commercial) Beer & Liquor License ....................... ....... .............. 306 " 23—Buss, Gary & Thelma Paradiso, Granted Class "C" (Commercial) Beer & Liquor License ........................ 306 " 30—Baum, William J., Granted Cigarette License ............ 318 " 30—Bridge, Marian, Granted Cigarette License ............ 318 " 30—Broughton, Robert, Granted Cigarette License ............ 318 " 30—Bisanz, Robert P., appointed to Playground & Recrea- tion Commission............................................................ 321 " 30—Blum, Dorothy, appointed to Playground & Recrea- tion Commission ................... _.................. _................... 321 July 7—BONDS, STREET IMPROVEMENT, to be issued for the assessed cost of City of Dubuque 1974 Asphalt Paving Project No. 1 .................................................... 332 " 21—Burke, Donald J. and Erma P., Notice of car damage claim..................................................................................350, 476 " 21—Bus Stops, Prohibiting the parking of Motor Vehicles insame............................................................................ 351 •' 21—Bitter, Joseph J., submitting Correction Resolution for Hawkeye Estates (Hefel) ..............................................353, 545 " 28—Bruce, Jean M., Notice of personal injuries claim ........ 357, 494 " 28 --Bertsch, Robert, representing Loras College and U of D. relative to Institutional District section of pro- posed Zoning Ordinance ................................................ 360 " 28—Bike-A-Thon, promoting same to raise funds for Diabetes on Oct. 5th ................................................ 362 " 28—Bisping, Herbert, Granted Cigarette License ............ 372 Aug. 4—Bicentennial Committee advising of planned visit of tugboat "Sergeant Floyd" ............................................ 373 " 4—BUDGET, transferring appropriated unexpended items from budget period of Jan. 1, 1974 -June 30, 1975 toFY '76........................................................................ 422 " 4—BUDGET, Amending Fiscal Year 1976 same ............423, 459 " 4—Bisenius, David R., appointed to Low -Rent Housing Commission...................................................................... 427 " 11—Bridge, Julien Dubuque, painting same red, white and blue ............................................430. 443. 449, 482, =,.W, 556 " 11—Buechel. Louis, General Liability Policy submitted 432 " 11—Bainbridge, James R., Granted Class "C" (Commercial) Beer & Liquor License ................................................ 438 " 1"losh. Carl, Sidewalk Construction Bond submitted 441 Sept. 2—Barr, Sharon, relative to obtaining sewer in County for residents of Old Mill Road and Manson Road ............ 450 " 2 --Brandenburg, Mollie. Notice of Suit for personal in- juries ..................... " 2—Bardon, Steve, requesting to rebuild Petrakis Ball Park on City Island ........................................................ 461 " 2—Billikas, William N., Granted Class "C" (Commercial) Beer & Liquor Lneense and Cigarette License ........ 250, 463 " 8—Bertsch, Atty. Robert, representing 4th St. property owners, opposing redevelopment of area ............... 465 " 15—Beautification Committee, requesting support on cash awards................................................................................ 476, 495 " 15—Berwanger Boiler Shop, Inc., approving application of same to purchase land in Block 6. River Front Subd. No. 3, due to name error made in 1968 ........483, 497 " 15—BONDS, Iowa Health Care Facilities First Mortgage Revenue, (Bethany Home Project), authorizing the issuance of $1,750,000. in aggregate principal amount 485 Oct. 7—Biasi, Karl, relative to establishing D.M.A.T.S. ........ 515 " 7—Berendes, Floyd D.; requesting vacation of Jansen Street abutting his property ........................................517, 579 " 7—Bethany Home, vacating portion of High Bluff Street " tosame............................................................................522, 7—Britt, Paul L., appointed to Transit Trustees Board 534 523 " 13—Brady, Councilman, requesting to advise D.O.T. to stand for a tri -color bridge until a City referendum couldbe held.................................................................... 525 INDEX—BOOK 105 1975 SUBJECT --- -------Page " 13—Bunker Hill being used for snowmobiles, requested by Mayor Justmann ................ 526, " Zoning Adjustment to study Ordinance No. 565 20 --Board of 32-75 for revision, to provide direct mail notifica- tion to people affected by rezoning of adjacent 537 property........................................................................... " 20—Bries, Rev., submitting name of Alois Vogt as repre- for Girls Club to serve on the Commun- sentative ity Development Block Grant Program ................... 537 " 27—Beauchamp, Lynn & Mary Jo, objecting to alley being enclosed by neighbors .................................................... 556. 593 " 27—Building Code, Dubuque Glass Co. Inc., requesting clarification of various parts .................................... 556 " 27—Bargaining Representative for the City of Dubuque, City Manager or his designee to act as same .... 560 Nov. 3—Board of Supervisors -Council, joint meetings to be held 565 " 3—Becker, Wm.. & Sons Stone Co., General Liability Policy submitted............................................................ 566 " 3—Britt, Paul I.., Iowa Official Bond submitted .................... 566 " 3—Boge, Cyril, requesting zoning change on property in Finley's Addn................................................................. 568 " 3—Big "G" Steak House, Granted Class "B" Beer Permit 574 " 10—Bridge, Marian, refund on unexpired portion of Cig- aretteLicense.................................................................. 580 " 24—Braconier, Inc., awarded contract for construction of City of Dubuque 12" Water Main Project over the 16th Street Bridge between Area "C" and Kerper Blvd................................................................................... 597 Dec. 1—BONDS, Street Improvement, providing for issuance of same for purpose of providing for payment of as- sessed cost of City of Dubuque 1975 Asphalt Paving ProjectNo. 1.................................................................... 608 " 8—Bowen-Kanazawa Partnership, proposed agreement be- tween same and Five Flags Civic Center Fund sub- mitted................................................................................ 614 " &--Baum, William, granted Class "B" Beer Permit ............ 618 " 8—Bisenius, David E., appointed to Community Develop- ment Commission............................................................ 619 " 8—Billington, Mary Ellen, appointed to Community De- velopment Commission ................................................ 619 " 15—Beverly Pines in Table Md. Twp.. Donald R. Legan requesting annexation of part of same to the City 624 " 22—Bisanz, Earl et ux, objecting to installation of street light on lot line as petitioned for by St. John's CemeteryAss'n............................................................. 637 INDEX—BOOK 105 1975 SUBJECT Page Jan. 6—City Council, Regular Session ............................................ 1 " 6--Chavenelle, Gilbert D., appointed City Manager for year1975............................................................................ i " 6—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 period January 1, 1975 through June30. 1975................................................................ 3 " 6—Chavenelle, Gilbert D., Personal Bond submitted ........ 3 " 6—City Solicitor advising renegotiations have been made with Thermolyne Co ..................................................... 5 " 6—CITY OF DUBUQUE 1973 CONCRETE SIDEWALK PROGRAM, Schedule of Assessments ........................ 6, 7 " 6—Clarke College granted Class "B" Beer Permit ............ 13 " 13—City Council, Special Session ............................................ 15 " 13—City Manager recommending installation of two light fixtures along Meadow Wood Drive, petition of Richard Construction Co . ............................................ 15 " 13—City Manager recommending installation of five light fixtures on Knob Hill Dr. and Duggan Dr., petition of John J. Duggan .................................................... 16 " 13 --City Manager, reference to petition of Mr. & Mrs. Robert L. Morris concerning lighting of a church parking lot in Knob Hill Sub. area ............................ 16 " 13—Council Proceedings for months of September & Octo- ber, 1974, approved as printed .......................... 16 " 13—Council Agenda, suggesting streamlining same ........16, 297, 341 " 13—Community Development Funds, Councilman Lundh requesting status position of same ............................ 20, 79 " 13—Cremer, Larry, appointed to the Youth Services ............ 22 " 14—City Council, Adjourned Special Session .................... 24 " 14 --City Manager advising settlements have been reached by majority of the group organizations for proposed wage & benefit program for January 1, 1975 thru June30, 1976.................................................................... 24, 90 " 14 --Clemens, Dave, Chrm. of Advisory Committee, various proposals to house City Government .................... 25 " " 20—City Council, Special Session ........................................ 20—CEDAR STREET LIFT STATION VALVE AND SLU- 26 ICE GATE MODIFICATION. 1974, completed by Fondell and Sons, Inc . ................................................ 45 " 20—City Manager submitting resolution authorizing Mayor to sign a contract for PUBLIC EMPLOYMENT with State Office for Planning & Programming ............ 46, 369 'I 27 --City Council, Special Session ............................................ 27—City Manager advising no proposals received for de- 50 velopment of privately -owned housing, pursuant to Section 23 of U.S. Housing Act of 1937 .................... 51, 233 " 27—Community Development, implement ofa program for rehabilitation of existing housing for same. (Project No. Iowa 87-2) ....................................................51, 75. 99, 186 " 27—"Citizens for Decency Thru Law" protesting massage parlors....................................................................52, 78, 568, 586 " 27—City Manager submitting reports for month of Decem- " ber, 1974........................................................................... 27—City Manager advising of lease space increases for 52 Dept. of Community Development and Planning & " Zonin................................................................................ 27 --City Spi •t Grant, application for same to the National 53 Endowment for the Arts ............................................ 54 57 Feb. " 3 --City Council, Regular Session ........................................ 3—City Management, submitting "The Becker Report".... 57 111, 324 s to rate 3—Claims for month December, 1974, pro of publicca- " tion...................................... .............................................. 3—City Manager recommending increased lighting in ay 59 59 " St, area playfield.......................................................... 3_ CERTIFICATE OF COMPLETION for Dubuque County (County -City Law Enforcement Center Building), 60 submitted by Urban Renewal .............................. ■w INDEX -BOOK 105 1975 SUBJECT Page' " 3 --Clancy, Rita, Granted Class "C" (Commercial) Beer 62 & Irquor License and Cigarette License .............. 10 --City Council, Special Session ............................................ 10—Cable TV, by Atty. Leo A. McCarthy, submitting proposals for service if rate increase is granted 64, 77, 1"ouncil Proceedings for months of November & De- cember, 1974, approved as printed ............................ 10--County-City Authority, report for year 1974, submitted byCity Manager............................................................ 10—County-City Authority have charge of maintenance of Law Enforcement Center, requested by County Board of Supervisors.................................................... 65, 10—Callaghan, Margaret, concerned for toning changes forgroup homes............................................................. " 10—City Manager submitting revised Agreement with Paul D. Speer & Assoc. for service in connection with sale of City Revenue and General Obligation Bonds 10 ---City Manager, Ass't., submitting resolution authorizing Clerk to publish Notice of Hearing for purchase of new buses and Transportation familities ................ 10—City Manager, Ass't., submitting a resolution to hear- ing committees stating the position of the City Council relative to LOCAL OPT10N TAXATION " 10—Citizens involvement in the Community Development ...........I....................................................75. 79. 118, 119, 125, " 14—City Council, Special Session 4:00 P.M. (C.D.T.) ............ 14—Citizens task force be appointed for procurement of monies from State for funding Sewage Treatment Plant rather than a lobbyist................................77, 298, 24—City Council, Special Session ............................................ " 24 --Commission to be formed concerning demolition per- mits................................................................................... " 24—Council of Organized Neighborhoods & Others recom- mending Block Grant Program be used for rehabil- itation of neighborhoods . ............................................ 79, " 24—County Hospital Board of Trustees, rquesting share of Community Development Funds to construct second accessroad........................................................................ 24—City Attorney, relative to Hampton Contract ............81, 95, " 24 --moody, John J., Notice of personal injuries Claim ........ 24 --Coffee Machines, Bulk Transfer Notice, relative to business of Intercontinental Coffee Service of Du. buque................................................................................ 24—Clark, Walter, requesting rate reduction on annual in- come for household for Cable Service, should be higher........................................................................ 24—Clinton Federal Savings & Loan Assn., by Thomas Leibold, requesting rezoning of City Lots 623 & 624. (ELKS Property) ........................ ..........87, 121, 150, 24—City Manager submitting agreement between Iowa Highway Comm. and the City; giving City 50'%a of cost of repaving Dodge St, with asphalt from Bluff to Grandview and building deceleration lane at Devon Dr. intersection 24—City :Manager submitting BUDGET ESTIMATE St^M. MARY for fiscal year July 1, 1975 to June 30, 1976 24 ---Casual Day Proposal, Local Unions proposals to same 24—City Manager advising agreements made with majori'y ofUnions .......................................... Mar. 3—City Council, Regular Session ............................................ " 3—Conrad. Mrs. Warren. requesting traffic control system or device at the intersection of 24th & Jackson Sts. " 3 ---Colt 45 Drum & Bugle Corps, consideration for funds at City, County, State or Federal level, under Crime Prevention Program or Community Development Program............................................................................ " 10 --City Council, Special Session .............. 10 --Casket Co., Dubuque, objecting to diverters on Wash- ington Street ........................ 10—City Engineer, relative to Thruput's property next to the floodwall................................... ................................. 425 64 81 64 65 131 68 69 72 75 326 77 317 78 79 125 80 104 81 81 82 209 88 88 89 89 93 94, 283 94 99 99, 118 100 M INDEX—BOOK 105 1975 SUBJECT Page " 10—CENSUS, SPECIAL, to be conducted in the City during September. 1975 ............ .......................................101, 538, 575 " 10 --City Manager submitting reports of Finance Director, Health Dept., Water Supt., and Treasurer, list of claims for January, 1975 ............................................ 101 " 10—City Manager recommending street lighting on Hill- crest Road and Admiral Street, requested by Mettel Investment Co., in Mettel-Byrne Addition ............ 101 " 10—City Manager submitting resolution relative to delin- quent list of Garbage & Refuse Collection Accounts 105 " 10 --City Manager, Ass't., submitting application for grant and matching resolution for Police/School Liaison Officer Program............................................................ 105 '• 17 ---City Council, Special Session ............................................ 110 " 17—Claims for January, 1975, proof of publication ........ 111 '• 17—City Manager submitted City of Dubuque, Iowa Water Department Audit Report ending December 31, 1974 112 " 17—City Solicitor advising acquisition of the landfill area (Gantz property) has been completed ... _........... _.. 114 " 24—City Council, Adjourned Special Session ........................ 118 " 24—Collins, Maura, objecting to possible removal of busses in summertime ................... »........................................ _. 118 " 24 ---Chamber of Commerce, submitting budget recom- mendations....................................................................... 119 " 24—City Manager submitting reports of Finance Director, Treasurer, Health Dept., Water Supt., list of claims for February, 1975 ........... .............................. ..__... 120 " 24—City Manager submitting Parking Facilities and Mu- nicipal Sewage Disposal Works and Facilities audit reports for year ending December 31, 1974 ... 120 " 25 --City Council, Special Session ............. ...... 125 Apr. 7—City Council, Regular Session ................................... Agree- 127 " 7—City Engineer submitting an Intergovernmental ment for creation of Dubuque Metropolitan Solid Waste Agency............................................................129, 149, 625 " 7—Civil Service Commission submitting certified list of 2nd ten people who passed Bus Driver exams on October9, 1973 ........... ..._........................... ..................... 129 " 7—Claims for month of February, 1974, Proof of Pub- lication.................................................................... _. 129 " 7 --Cook, Diane, Notice of Car Damage Claim ............... 130, 254 " 7—Cole, Frederick, Notice of personal injuries claim .... 130 " 7—City Solicitor recommending maintainence of Law Enforcement Center stay as is, NOT under control of County -City Authority ................................... _....... 131 " 7 ---Creston Street and Glenwood Count, relative to drain- age problems that exist in area ................... _............... 133 " 7—City Manager submitting agreement between City & In- ternational Union of Operating Eneineers, Local No. 758 concerning wages and benefits for period of January 1, 1975 thru June 30, 1976 .................... 135 " " 14 --City Council, Special Session ........................................ 14—City Engineer submitting list of streets for the 1975 139 " StreetProgram................................................................ 14—Conlon Construction Co., Sidewalk Construction Bond 140 " submitted..............................................................__. 14—City Manager, relative to selling or dispensing of 140 optical items and equipment at the Medical As- " sociates new facility ...................................................140, 14 ---Chamber of Commerce, relative to beautification ........ 209 142 " 1"eas, Wm. G. & Company, underwriter and purchaser of Hospital Facility First Mortgage Revenue Bonds (The Finley Hospital Project.) .................................... 144 " I"ity Manager recommending firm of Brice, Petrides and Associates of Waterloo be selected as consult- ant for the study of proposed North-West Arterial roadway............................................................................I45. 587 " 21 --City Council, Special Session ............................................ 149 " 21—County Board of Supervisors signing Intergovernment- al Agreement creating the Dubuque Metropolitan Area Solid Waste Agency with the City of Dubuque 150 INDEX -BOOK 105 1975 SUBJECT —----- — - _ -- Palm " 21—Cancer Day, National, proclaimed for September 8, 1975................................................................................. " 21—Catholic Mothers Study Clubs, relative to beautification 154 154 " 21—Council Proceedings for months of January and Febru- ary, 1975, approved as printed ............................... 155 or " 21—City Manager, relative to Vicki Howard petition for traffic control on Woodworth Street ........................ 155, 174 " 21—City Manager, relative to beautification on Kerper Blvd. Median.................................................................... 155 " 21 --City Manager submitting reports of Water Supt., Treas- urer, Health Dept., Finance Director, and list of claims for month of March, 1975 ................................ 155 " 21—City Manager submitting policy statement permitting fireworks display in City ................................................ 155 " 21 --CODE OF ETHICS, for the Public Service of the City, submitted by City Manager (REJECTED) ................ 157 " 21—City Manager recommending fcur way stop at inter. section of Hillcrest Road and Keyway Drive ....157, 158 " 21—City Manager advising 1973 Storm Sewer Improvement completed........................................................................ 160 " 25 --City Council, Adjourned Special Session (4:30 P.M.) 164 " 25--Cable-TV .Advisory Commission formed & appoint. ments..........................................................................164. 195, 629 " 25—Conzett, William, appointed to Cable -TV Advisory Commission...................................................................... 164 " 28—City Council, Special Session ............................................ 167 " 28—City-County Health Dept. Merger, reports submitted .................................... 167.297, 340 " 28—Claims for month of March, 1975, proof of publication 168 " 28—City Manager, relative to proposed heliport at Mercy Medical Center................................................................ 168 " 28—Clark, Marcia K., Notice of Car damage claim ............ 168 May 5—City Council, Regular Session ........................................ 173 " 5—Cable TV advising deletion of sports programming considered by F.C.0. ....................... ............... 173 " 5—Council Proceedings for month of March, 1975, ap- prov^d as printed ............................. .............................. 175 " 5—CITY OF DUBUQUE 1975 ASPHALT PAVING PROJ- ECT NO. 1 ....................177, 178, 179, 180, 225, 300. " 585, 604 5—Cherry St. alley, part of 1975 Asphalt Paving Project. No. 1 ............................. ..... ........ ......... " 5—Certificate of Completion executed for Franchise Real- 177, 226 ty Interstate Corporation, Canfield, Inc., Investment Planning, Inc., R & S Enterprises, Inc., Renier Piano & Organ Co., Inc., and Fischer, Inc " 182 . ............ 5 --Canfield Hotel, Inc., Certificate of Completion exe- cuted. ........................................... " 5—Community Development Block Grant Application to 183 the U.S. Dept. of HUD ...........I ................ " 5 --City Manager, Ass't"submitting resolution providing 185, 190 funds from City's General Fund for a grant for fire equipment at Airport .................................................... " 193 12 --City Council, Special Session ............. ............................... 12—Corps of Engineers, relative to study of upper Missis. 197 sippi River small craft locks ........................................ " 12—City Manager submitting 701 COMPREHENSIVE 197 PLAN. NING ASSISTANCE PROGRAM GRANTS . ............ " 12—Clemens, David L., representing client living in vicinity of 20th & Elm Sts., 198, 210 concerning a service station not conforming to proper regulations ............................0. " 12—Clarke-Loras, requesting Homecoming Parade on Oct. 11, 1975 ............ 200 " 12—"Cherry Valley" Subd„ final lata i Jaeger) p approved. (Louis J. ............................... 200, 496 . ................................ ......... 12•--Cosic, Ivan, Granted Cigarette License 201 .... " 15 --City Council, Special Session (4:30 P.M, ...11..'....."' " ) 203 19 --City Council, Special Session 206 ........................ .............. " 19—City Manager, recommending not selling207 Rosedale to Mr. Parker ........ property on ................................... 209 ar INDEX—BOOK 105 1975 SUBJECT Page " 19—City Manager submitting reports of Finance Director, Water Supt., Health Dept., Treasurer, and list of claims for month of April, 1975 ................................ 209 " 22—City Council Special Session (5:00 P.M.) ........................ 219 " 27—City Council, Special Session ............................................ 221 " 27—Corps of Engineers, concerning dredging in connection with maintaining 9 foot channel ................................ 221 " 27–City Manager submitting annual statement for 1974 of Peoples Natural Gas Div ................................................. 221 " 27—Claims for month of April, 1975, proof of publication 221 27—Clark, Senator Dick, impressed with Beautification Project.............................................................................. 222 " 27—Coyle, Michael, approving of paving of Rockdale Rd. objecting to method of assessment ............................ 226 June 2—City Council, Regular Session ............................................ 243 " 2—County Health Dept., meeting on upgrading of the wastewater treatment plant ........................................ 243 " 2 --Clemens, Dave, block off Oeth Court on June 6th ........ 244 " 2 --Civil Service Commission submitting results of Promo- tional Exams for Captain and Sergeant -Detective on the Police Department ............................................ 244 " 2—Civil Service Commission submitting results of Promo- tional Exams for Ambulance/ Driver Attendant on the Fire Department.................................................... 244 " 2—Civil Service Commission submitting results of En- trance Exams and Agility Tests for the Fire De- partment............................................................................ 245 " 2—Civil Service Commission submitting results of En- trance Exams and Physical Qualification test for Police Department........................................................ 245 " 2—CONSTRUCTION OF REPLACEMENT OF CITY HALL ELECTRIC SERVICE AND ASSOCIATED EQUIP- MENT........................................................................248, 286, 314 2 --CONSTRUCTION OF GRANDVIEW AVENUE & DODGE STREET TRAFFIC SIGNALS ................249, 287, 315 2—Canfield Hotel. Granted Cigarette License .................... 250 2—City Council, Special Session ............................................ 253 " 2—Cable TV Commission, submitting minutes of their meetings....................................................................253, 308. 356 " 9—City Manager recommending street lighting on Valen- tineDr............................................................................. 253 9–City Manager submitting annual report for 1974 of Du- buque County, Municipal Civil Defense Agency .... 253 " 9—CHARTER FOR THE CITY on existing form of Gov- ernment (Home Rule) .................................................... 256 " 9—City Manager, Permanent transfer of Funds ................ " 9 --CITY OF CUBUQUE 1974 ASPHALT PAVING PROJ- 257 ECT NO. 2 — RJVERFRONT SUBD. NO. 5............ 263 " 9—City Manager submitting three year Street Construc- tion Program to receive share of the State Gasoline TaxRefunds.................................................................... 264 " 9—CITY OF DUBUQUE 1974 Asphalt Paving Project No. 1 ........................................................266, 267. 328.329. 332 " 9—City Council and Board of Supervisors jointly request- ing Iowa Natural Resources Council approve ap- plication for flood plain information study under provisions of Sec. 206, (Public Law 86-645) ............ 270 " 16 ---City Council, Special Session (1:00 P.M. Airport Bonds) 272 " 16—City Council, Special Session ............................................ 278 " 16—County Auditor, settlement of sale of property at Mont- crest........................................................................................ " 16 --Civil Service submitting results of exams given for 278 Promotionals on Fire Department; Ass't. Chief. Division, Ass't. Chief -Training Officer, Fire Mar- shall -Capt. Inspector, Captains, Equipment Oper- ators -Driver -Engineer. and Lieutenants ................... " ltl--City Manager, Asst., submitting General Revenue Shar- ini --Planned Use Report for the period of July 1, 1975 thru June 30. 1976 ... ......................... I ................... 279, 313 " 16—Construction of UNIVERSITY AVENUE PEDESTRIAN ............................................................ CROSSWALK 289, 327, 344 INDEX -HOOK 105 1975 SUBJECT " City to become a member of the Dubuque County Law Enforcement Telecommunications Plan under " aZ8E AGREEMENT...................................................... 16—City Manager, Ass't., providing funds for Phase 11 of 291 the CITY/COUNTY LAW ENFORCEMENT CEN- COMMUNICATIONS PLAN .......................... ..... I .92 " --TER 16Creslanes Bowling, Inc., Granted Class "C" (Commer- cial) Beer & Liquor License ........................................ 294 16—Cremer, Ralph J., Granted Cigarette License ................ L955 " 16—Creslanes, Granted Cigarette License ............................ " 16—City Solicitor, attend hearing on Legion Beer -Liquor " License............................................................................. 23—City Council, Special Session ........................................ 296 297 " 23—Cars, battery -powered, investigate feasibility of same 297 " 23—City Manager submitting reports and claims for month ofMay, 1975................................................................... 298 " 23 --Collector of Accounts for the County submitting peti- tions for suspension of real estate taxes ................298, 540 " 23—Country Kitchen, Granted Cigarette License ................ 303 " 23–.Chalder, Florence E., Granted Cigarette License ............ 304 " 23—Crane, Leonard H., Granted Cigarette License ............ 304 " 30 --City Council, Special Session ............................................ 308 " 30—Chamber of Commerce, 1975-76 Chamber Program ... 308 " 3"hicago Stations, poor reception on Cable TV ............ 308, 324 " 30 --Chamber of Commerce opposing River Front. Indus- trial Park immediately north of Lock & Dam No. 11 309 " 30—Claims for month of May, 1975, Proof of Publication.... 309 " 30 --Contract for the PHASE II -CONTRACT 11 TREAT- MENT PLAINT IMPROVEMENTS CONTRACT 11 B 316 " 30—Corbett, Earl G., Granted Cigarette License .................... 318 " 30—Cosic, Ivan, Granted Cigarette License ........................ 318 " 30—Carousel Snack Bar, Granted Cigarette License .......... 318 " 30 --Clarke College, Granted Cigarette License .............. I..... 318 " 30—Cremer, Ralph J., Granted Class "C" Beer Permit ........ 319 July 7—City Council, Regular Session ............................................ 323 " 7 --City Manager recommending installation of 2 street lights on Westmore Dr . ............................................ 323 " 7 --City Manager, relative to vacation of Tower St. to FischerCo......................................................................... 323 " 7—Carpender, B. J., unable to receive Chicago Stations onCable TV.................................................................... 324 " 7—City Manager, relative to Re:iabilitation Program un- der the Community Development Block Grant 324, 345, 363 " 7 --Cooper, Regina Gilmore, donating property for ap- proach to W. 5th St. Steps, requesting to be named COOPERPARK................................................................ 324 " 7 --City Manager recommending one hour parking meters on 1st St, between Locust & Main ................................ 325 " 7 --City Manager, Asst., submitting Matching Resolution to provide City Funds for the purpose of police training............................................................................ 335 " 7—City Manager, Ass't., submitting resolution to continue participation in Mini -ASAP for July 1, 1975 thru Sept. 30, 1976.................................................................... 335 " 7 --City Manager, Ass -t., advising of receipt of capital grant contract for purchasing new buses and equip- " ment..................................................................................336, 14—City Council, Special Session .................. .......................... 370 339 „ 14—"Coast Guard Day" proclaimed for August 4, 1975........ 339 " 14—Civil Service Commission submitting name of Kevin L. Mc.Tague as passing written exam and agility test for the POLICE DEPARTMENT ............. ................... 340 „ 14 --City Manager recommending denial of Fred Sinhold Petition requesting no parking on one side of Woodlawn ........................ " 1"ity Manager recommending denial of Delos Dorweiler 340 petition for refund for mowing weeds " .............. 14 --City Manager submitting Ordinance makingi42 Jackson Sts. 24th & a four way stop intersection ................ 342 W INDEX—BOOK 105 1975 SUBJECT Par " 14 ---City Manager, recommending awarding contract to Moldt Electric Service, Inc., for construction of Uni- versity Ave. Pedestrian Crosswalk, 11.91% under " estimate............................................................................ 21—City Council, Special Session ................................ .... 344 348 " — 21City Manager, Ass't., submitting ordinance providing for SWIMMING POOLS ................................................ 351 " 28—City Council, Special Session ............................................ 356 " 28 --City Council proceedings for month of April, 1975, " approved as printed .................................................... 28—City Manager 356 submitting reports of City Treasurer, Water Supt., Finance Director, Health Dept., List of Claims for month of June, 1975 .................................... 356 " 28 --City Manager submitting "Affirmative Action Pro. gram" for period of July 1, 1975 thru June 30, 1976 356 " 28 --COMMUNITY DEVELOPMENT COMMISSION, estab- lishing same and appointments ................363 541, 619, 629 " 28—Comprehensive Employment and Training Act, Title H Funds for City, Fiscal Year 1976, City to be Pro- gram Agent for same ....................................................369, 471 " 28 --Clark Oil Co., Granted Cigarette License ........................ 372 Aug. 4 --City Council, Regular Session ........................................ 373 " 4 --City Manager recommending street lights on Kehl Court (A. N. Oeth Subd.)................................................ 418 " 4—City Manager relative to listing Job Openings ................ 418 " 4—CITY OF DUBUQUE 1974 Concrete Paving w/Integral Curb Project No. 1, Tenth St. from Locust Street to Bluff Street and the intersection of Ninth and Bluff Streets—Contract No. 1, Traffic Signals and Signing..............................................................................421, 422 " 4 --City Manager, Ass't., submitting resolution transfer- ring appropriated unexpended items from budget period of Jan. 1, 1974 -June 30, 1975 to FY "76 Budget................................................................................ 422 " 4—City Manager, Ass't., submitting resolution amending Fiscal Year 1976 BUDGET ............................................ 423, 458 " 4—Ced-Jo Wholesale Dist., Inc., Granted Cigarette License 425 " .................... 11 --City Council, Special Session ............................................ 429 " 11—Canoe Trip honoring JEAN MARIE CARDINAL, pro- posedsame........................................................................ 429 " 11—City Assessor submitting stipulations in protest of assessments of real estate for N.W. Mutual Life (Penny's Store), Asbury Square Inc., and Pillsbury Co....................................................................................... 429 " 11—Claims for month of June, 1975, Proof of Publication 430 " 11—City Manager, Ass't., submitting report on use of Rev- enue Sharing funds for period of July 1. 1974 to June30, 1975....................................................................430, 458 " 11—Civil Service Commission submitting results of exam- inationsgiven for positions of BUS OPERATOR, BUILDING INSPECTOR I AND HEATING IN- .%1VCTOR I........................................................................ 431 " 11—City Manager submitting 1974 and first six months of 1975 Street Finance Report ........................................ 435 " 11--Cosley James A., appointed to Electrical Board of Ap- peals........... . ..................................................................... 438 " 11—Citizens Transportation Committee, appointments to same.................................................................................. 18—City Council, Special Session ............................................ 438 440 18—Conservation Board, Dubuque County, applying for a permit to perform maintenance dredging of boat channel from Mud Lake Boat Ramp to main chan- nel of Mississippi River ................................................ 441 " 18—corvette Show, requested by Kennedy Mall Merchants onSept. 13. 1975............................................................ 443 " 18—Cable TV Advisory Commission, minutes of meeting of 8475 reconsidered ........................................................ 447 " 18—City Lottery consideration to finance Wisconsin Bridge presented by State Representative Tom Gilloon .... 447 Sept. 1 --city Council Regular Session ........................................ 449 #I 2—City Council, Adjourned Regular Session ........................ 449 INDEX—BOOK 105 1975 SUBJECT Page " 2—Couchman, Gaylord Mr., tribute to same ........................449, 473 " 2—County Health Dept., relative to obtaining sewer in County for residents of Old Mill Road and Manson 450 Road................................................................................. Manager submitting reports for month of July, 2 --City 451 1975................................................................................... " 2 --City Manager advising of League of Iowa Municipal- ities annual meeting....................................................... to be held, 451 " 2—City Boards and Commissioners dinner 493 Culver main speaker ....................................................452, " 2—City Manager recommending denial of Frank & Del- bert Miller petition to vacate portions of Daniels Street................................................................................ " 2.. -City Manager recommending denial of Rick Donath 452 petition............................................................................. 453 2 --City Manager recommending denial of Wayne Motor Salespetition.................................................................... 453 " 2—City Manager recommending denial of Richard Aven- ariuspetition.................................................................... 453 " 2 --Chapman, Michael J., Sidewalk Construction Bond submitted.......................................................................... 453 " 2—City Manager recommending installation of 21 street lights along Central, between 22nd and Diamond Street................................................................................ 454 " 2—City Manager recommending bids on a new Modular Type Ambulance............................................................ 454 " 2 --City Manager recommending 2 hour parking on west side of Maple Street, between East 17th & 18th ........................................................ Streets.......... ............. 454 " 8—City Council, Special Session ............................................ 464 " 8—Carew, Allan, representing 4th St. owners, opposing redevelopment of area........................................1........... 464 " 8—Council Proceedings for months of May and June, 1975, approved as printed .................................................... 467 " 8—Claims for month of July, 1975, Proof of Publication 468 " 8—City Manager submitting agricultural land tax credit list for 1975 as submitted by City Assessor ............ 468 8—Cherry Valley Sub., Louis J. Jaeger requesting installa- tion two lights of street on extension of Lori St. located within same ...................................................470. 476 " 8—CONSTRUCTION OF 5th STREET PARKING LOT, on Urban Renewal property ........................................472, 498, 517 — " 15City Council, Special Session ........................................ 475 " 15—Clark, Senator Dick, advising of Federal Orientation workshop......................................................... ................. 475 " 15—City Hall, Accessibility to same by handicapped pre- sented................................................................................ 475 " 15 ---City Manager recommending installation of two street lights on Lori Street........................................................ 476 " 15—Caldwell, Mrs. Kenneth R., Notice of personal injuries claim.................................................................................. " 15 --City Manager submitting Ordinance requiring vehicles 478 on Bradley St. to stop at intersection of Rider Street 478 " 15—Cronin, Rosemary, requesting installation of street light at intersection of Foye St., Gold St., & Mer. chants Lane ................... ..........479, ' 15—Construction of SAN JOSE SWIMMING POOL PARK- 492 ING LOT AND ACCESS SIDEWALK ........480, 500, 528, 529 " 15—Cieciarelli, Theresa, appointed to Zoning Board of Adjustment .................................. ................................... 489 15—Connelly, James F., appointed to Zoning Board of Adjustment...................................................................... " 15—Curb Cuts for the handicapped discussed .................... 489 490 " 29—City Council, Special Session ............. 491 ounce of Neighborhoods, submitting candidate nom- inations for the Housing Rehabilitation Commission " 29 --City Manager requesting City Clerk Frommelt be 491 authorized to sign official papers during his ab- sence from the City .............................................. " 29—City Manager recommending installation of street light 492 at intersection of Gold Street and Merchants Lane 492 ,. INDEX—BOOK 105 1975 SUBJECT Page " 29—Curtis Straub Co., Policies submitted ............................ 493 " 29—Claims for month of August, 1975, proof of publication 493 " 29 --City Manager submitting reports for the month of " August, 1975.................................................................... 29—City Manager submitting audit for 493 report Youth Serv- ices Program for period of Oct. 1972 thru June 30, " 1975............................................................................ ........ 29 --Community Block Grant Program, use of same for San 493 Jose Swimming Pool ......................................................501, 528 Oct. 6—City Council, Re ular Session ............................................ 515 " 7—City Council, Ad ourned Regular Session ........................ 7 --Council of Neighborhoods submitting minutes of their 515 meetings............................................................................ 515 " 7—Conzett, Wm., Atty., requesting correction of easement error on Lot 12 in Block 2 in Sunset Park Subd. No. 3...................................................................................... 515 " 7—City Engineer submitting Articles of Agreement, estab- lishing the Dubuque Metropolitan Area Transporta- tion Study (D.M.A.T.S.) ................................................515, 526 " 7—City Manager, Ass't., recommending moving Dept. of " Community Development to gain more space ........ 7—.Coakley, Loras D., Notice damage 516 " of car Claim ............ 7—Chidley, Al, appointed to Rehabilitation Housing Com- 516 mission.............................................................................. 523 " 13—City Council Special Session ........... ,,, 524 " 13—Caradco, Mayor Justmann indicating a desire to pro- motetheir welfare........................................................ 524 " 13—City Manager recommending installation of seven street lights in Arbor Oaks subdivision .................... 526 " 13—City Manager relative to property at 744 West 8th Avenue............................................................................ 527 " 13—City Manager, Ass't., submitting resolution authorizing City Clerk to publish notice for release of HUD Funds for San Jose Swimming Pool Parking Lot and Access Walk . ........................................................ 529 " 13—Construction of EAST 16th STREET WATER MAIN EXTENSION ACROSS THE EAST 16th STREET BRIDGE TO AREA "C" OF INDUSTRIAL PARR ................................................................................... 531, 569, 597 to17—City Council, Special Session (4:30 P.M. C.D.T.) ............ 534 " 20—City Council, Special Session ........................................ 536 " 20—Clark, James C., objecting to painting tri -color bridge 536 " 20—Catfish Creek & Little Maquoketa River, application of City & County for Flood plain information study along same, approved by National Resource Council 536 " 20—City Manager submitting reports of City Treasurer, Finance Director, Water Supt., Health Dept.; also list of claims for month of September, 1975 ............ 536 " 20 --City Manager, relative to Madison Street Steps ............ 537 " 20 --City Manager requesting to delegate Councilman Stackis as voting representative of City at Annual Congress of Cities............................................................ 537 " 20—CENSUS, City Clerk authorized to advertise for citi- zens who may have been missed ............................538, 575 20—Chapman, Thomas V., Notice of personal injuries claim 20—CETA VI, resolution authorizing the Mayor to sign a 538 contract for the administration and operation of a Public Service Employment Program TITLE VI OF PL93-303.......................................................................... 545 " 20—Chan, Homan T., Granted Class "C" (Commercial) Beer & Liquor License .................................................... 550 " 24—City Council, Special Session (4:30 P.M. C.D.T.) ............ 552 " 24—CITY OF DUBUQUE MUNICIPAL PRIMARY ELEC- TION HELD OCTOBER 21, 1975, results .................... 552 " 27—City Council, Special Session ........................................ 554 " 27—Clemens. Dave, relative to Five Flags Corp, submitting costs for proposed Civic Center ...................... 554 " 27 --Continuum, Dubuque Arts Council suggesting return ................. of original model ........................................... 555 " 27—City Manager advising of possibilities of hosting League of Iowa Municipalities Convention in 1976 555 INDEX -BOOK 105 SUBJECT-- ------ Pa' 1973 •' 27 --Claims for month of September, 1975, proof of pub- 556 lication................................. sub -contract claims against M. 27—City Solicitor advising F. Goerdt Construction Co, have been settled ....... 557 " 27—City Manager, Ass.t., advising of recognition of Neigh- for membership on the Com borhood Organizations 559 munity Development Commission ............................... to as official •• 27—City Manager, or his designee, act bargaining representative for the City of Dubuque 560 565 " 27—Chalder, Florence E., Granted Class "C" Beer Permit Nov. 3—City Council, Regular Session ............................................ joint meetings to be held 565 " 3—Council-Board of Supervisors, " 3—Council Proceedings for month of July, 1975, approved asprinted................. ..................................... to petition of Merwyn Ellis to 566 " 3 ---City Manager, relative repair alley on Finley St ............................................ 566 " 3.--CERTMCATE OF COMPLETION for Ecumenical 572 Housing, Inc., authorizing the execution of same " 3—Corridor Location for the Mississippi River-Dickeyville Road Project in Grant County, Wisconsin, proposed form of resolution for same submitted .................... 572 " 3—Crane Enterprises, Inc., Granted Class "C" (Com- 574 mercial) Beer & Liquor License ........................ 576 " 10—City Council, Special Session ........................................ " 10—CITY OF DUBUQUE MUNICIPAL ELECTION HELD NOV. 4, 1975, results ................................................ " 10 --City Manager recommending installation of street 576 lights on Pasadena Dr . ................................................ 578 " 10 --City Manager recommending vacation of section of Jansen Street to Floyd D. Berendes ............................ 579 " 10—Chapman, Thomas Notice of personal injuries claim 579 " 10 --Construction of CONTRACT III SOUTH DUBUQUE SANITARY INTERCEPTOR SEWER HUD- S- IOWA-99....................................................................580, 597. 610 " 17—City Council, Special Session ........................................ 583 " 17 --Council Proceedings for month of August, 1975, ap- proved as printed............................................................ 583 " 17—City Manager, Ass't., submitting amended copy of Flood Hazard Boundary Map ........................... ...... 583 " 17 --CORRIDOR LOCATION STUDY of the North-West Arterial, contract with Brice -Petrides Associates, Engineers, for same, submitted by City Manager.... 587, 596 " 17--Chidester, Shirley L., Granted Class "C" (Commercial) Beer & Liquor License ................................................ 589 " 24 --City Council, Special Session ............................................ 590 " 24 ---City Solicitor submitting report relating to regulation and prohibition to obscenity and pornography the State has arrogated........................................................ 591 " 24—City Solicitor submitting findings concerning alley in vicinity of 1010 Althauser St ..................................... 503 Dec. 1—City Council, Regular Session ............................................ 603 " 1—Council Agenda be printed in preceding Sunday's newspaper, requested by Advisory Commission ....603, 626 " 8 --City Council, Special Session ............................................ 613 " 8—City Manager submitting progress report on employ- ment (CETA-TITLE VI) ................................................ 613 " 8—City Manager submitting reports of Finance Director, Treasurer, Water Supt., Health Dept., list of claims for October, 1975............................................................ 614 " 8 --Claims for month of October, 1975, proof of publication 614 " 8 --Candle Light Committee of Plymouth Cl., Victoria Pl. and Diane Court requesting to conduct candle light tradition............................................................................ 616 " 15—City Council, Special Session ............................................ 621 " 15—County Conservation Society. Dubuque, proposed five year lease with Dock Commission submitted ............ 621, 633 " 15 --City Solicitor submitting report relative to rezoning Of property in the 1600 Block on Asbury ................ 622 " 15—Cable TV Advisory requesting appointment of an addi- tional member to their Commission with more tech. nical expertise................................................................623, 629 INDEX—BOOK 105 1975 SUBJECT Page " 15—Creston Street residents requesting to turn out street. lights on Christmas Eve and Christmas Day ............ 624 " 15 --City Manager, Asst, submitting resolution providing for matching funds for Juvenile Justice Conference TrainingProject............................................................ 625 " 15—City Solicitor submitting resolution approving agree- ment known as the Intergovernmental Agreement creating the Dubuque Metropilitan Area Solid WasteAgency................................................................ 625 " 15--Chidester, Shirley L., Granted Cigarette License ........ 626 " 15 --Clarke College granted Class "B" Beer Permit ........ 627 19—amity Council, Special Session (4:30 P.M.) ........................ 631 22—City Council, Special Session ............................................ 632 " 22—Civil Service Commission submitting results of written exam given for the position of WATER PLANT OPERATOR...................................................................... 632 22 --Civil Service Commission submitting results of written exam given for the position of HEATING IN- SPECTORI...................................................................... 633 " 22—City Manager submitting reports of City Treasurer, Finance Director, Water Supt., Health Dept. and list of claims paid, for month of November, 1975 .... 635 22 ---City Manager submitting resolutions establishing and declaring the work period for employees engaged in Law Enforcement and Fire Protection ................ 639 W INDEX -BOOK 105 _ 1975 SUBJECT _ y_ Page D Jan, 6—Dubuque Bank & Trust Company, appointed official 2 depository for City Funds ............................................ " 6—Dock Commission submitting list of names for Area "C" Development Study Committee ............................ 3 " 13—Dubuque Hardwoods, opposing proposed development planof 4th St. area ........................................................ " 13—Duggan Dr, and Knob Hill Dr., five light fixtures to 15 be installed on same, petition of John J. Duggan of11-18-74........................................................................ " 13--Demkier. Harold B. and Dorothy, deeding Lot A of 16 East 28' of West 50' of West 100' of Lot 2 of M. L. 179 to same.................................................................... " 20—Deininger, George, in favor of proposed Building Code 17 Ordinance........................................................................ " 27—DEQ submitting copy of Guidelines for review of 26 Federally Funded Highway projects ........................ 50 " 27—Dubuque Ambassadors, relative to Iowa Community Betterment Contest........................................................ 50 " 27—Dock Commission, congratulating U.S. Corps of Engi- neers for successful two hundred years of operation 50 " 27—Dock Commission, relative to construction of wharf and dock facilities in Dove Harbor by Thruput 51,100, 127 " 27—Dept, of Community Development, no proposals re- ceived for development of privately -owned housing, Pursuant to Section 23 of U.S. Housing Act of 1937 51 " 27—Dept. of Community Development, rental space lease increased.......................................................................... 53 Feb. 3—Dock Commissioners submitting minutes of their meet- ings................................................58, 78, 127, 167, 197, 221, 325, 340, 357, 440, 449, 464, 467, 491, 524,555, 621 " 3—D.A.V. Unit #6, requesting to sell Forget-Me-Nots on August 1 & 2. 1975 .................................................... 59 " 3—Dubuque County (County -City Law Enforcement Cen- ter Buildine), certificate of completion submitted by Urban Renewal........................................................ 60 " 3—Davis, Joseph F., and James J. Sutter, Granted Cigar- etteLicense.................................................................... 62 " 3—D.O.T., Councilman Thoms to communicate with same relative to proposed Iowa -Wisconsin Bridge ............ 63 " 10—Dubuque Stone Products Co., General Liability Policy submitted.......................................................................... 64 " 10—Demolition Permit within certain areas, Ninety Day waiting period required for issuance of same 52, 66, 79, 142 " 10—Dubuque Area Development Assoc., represented by Wm. Kruse, submitting report on their association 75 " 24—Dept. of Environmental Quality extending construction permit No. 74-81-S for one year on SOUTH DUBU- QUE SANITARY INTERCEPTOR SEWER ................ 78 " 24—Donielson, Allen L., U.S. Attorney, copy of letter from to Mrs. Harold Bechen, relative to pornography 78 " 24—Dodge Street, Pat J. Tierney, etal, requesting parking areaon same................................................................... 80 Mar. 10—Dubuque Casket Co., objecting to diverters on Wash- ingtonStreet.................................................................... 99, 118 " 10—Dubuque County Assn, for retarded Citizens, Inc., offering assistance in development of a Housing AssistancePlan................................................................ 99 " 10—DeMolay Week proclaimed for week of March 16th thru 23rd.................................................................................... 110 " 10—Delmoni, Arturo, recipient of the John Deere and Du- buque Arts Council Award presented .................... 110 " 17—Dittmar, George R., Notice of Suit for bodily injuries.... 113. 246 " 24—Dubuque Homebuilders & Associates objecting to Proposal to eliminate the additional building in- spector............................................................................ 118 " 24—Democratic Central Committee, requesting formal annexation policy ............ I ............................... ................ 120 ar INDEX—BOOK 105 1975 SUBJECT Page " 24—Dubuque Sports Unlimited, permission to sell Du- que Packer Fan Club Cards and buttons in Town Clock Square on April 12th ........................................ 122 " 24—Day, Bob, relative to beautification ........................122, 142, 350 Apr. 7—Dorweiler, Delos, relative to Lot 10, Block 3 of Mettel Link Addn. (corner of Kennedy & Carter Rd.)........ 128 " 7—Dept. of HEW advising of participation with HUD in implementation of Housing & Community Develop- mentAct............................................................................ 129 " 7—Dubuque Municipal Airport, Granted Cigarette License 136 " 7—Dubuque Sports Unlimited, Inc., Granted Class "B" BeerPermit.................................................................... 137 " 7—Dubuque Jaycees, Granted Class "B" Beer Permit .... 137 " 14—Dubuque County Conservation Society, relative to beautification.................................................................... 142 " 14—Dubuque Sports Unlimited, week of April 13 thru 19, "Baseball Week"............................................................ 142 " 21—Durrant, Deininger, Dommer, Kramer & Gordon, arch- itectures, relative to rezoning of City Lots 623 & 624 (Elks Property)........................................................ 156 " 28—DEQ submitting report of investigation of the Waste- water Treatment Plant ............................................167, 174, 450 May 5—Dubuque County Historical Society, relative to street light standards from Central Ave., Lower Main St. " and Washington Park .................................................... "Organization," 173 5—DOT, proposed rules relating to "Negotiated Contractor Selection" and "Airport De- velopment Program" .................................................... 174 " 5—Deegan, Edward E., requesting forgiveness of balance due on Grandview Ave. assessment ........................ 176 " 5—Dana Drive & South Way, Westchester, Inc., request- ing street lights for same ........................................ 176 " 5—Dodge Street widening, 1975 Asphalt Paving Project No. 1.................................................................................. 177 " 12 --DOT, Railroad Transportation, relative to rules on Railroad Division procedures ........................................ 197 " 12—DEQ submitting survey report of Ctiy Water Supply 197 " 12—Dittemore, Dan, relative to benefits of 701 Program 198 " 12—DIVERTERS, Washington Street, to be included in 1975 Street Program ................................200. 214, 261, 285, 544 " 12—Dubuque Golf & Country Club granted Class "A" (Club) Beer & Liquor License and Cigarette Licpnse 204, 295 " 19—DBQ Inc., Shot Tower Inn, Granted Class "C" (Com- mercial) Beer & Liquor License ................................ 218 June 2—Dorweiler, Delos A., relative to changes in proposed zoning ordinance............................................................ 248 " 9 --Dubuque Ambassadors, sponsors for the 1975 Iowa Community Betterment Program ................................ 265 " 9—Dubuque Municipal Airport, Granted Cigarette License 269 "9—Design Center Inc., Granted Cigarette License ............ 268 01 16—DOT, Primary Road Extension Maintenance & Opera- tion Agreement for period of July 1, 1975 to June30, 1976................................................................ 278 " 16—Driscoll, Dennis J., Notice of car damage claim ........280, 494 " 16—Dubuque Packing Co., Granted Class "C" Beer Permit and Cigarette License .................................................... 293, 295 " 16—Dittemore, Dan, attend hearing on Legion Beer - Liquor License ...................... ........................ . 296 " 23—Dubuque industrial Bureau, fill in portion of Missis- sippi River north of Lock & Dam, opposed by Coun- tyConsnrvation Society ................................................297, 309 " 23—Donovan, Blanche, suspension of real estate taxes ........ 298 " 23—Dept. of Environmental Quality, submitting temporary for use of a sanitary disposal permit application project.............................................................................. 303 " 23—Donovan, M. L., Granted Cigarette License ................ 303 " 23—Dunbar, Jack, Granted Cigarette License .................... 303 " 23—Dunne, William F., Granted Cigarette License ............ 304 " 30—Dorothy, Bob, relative to North Dubuque Industrial River Front Concept ...................................................... 309 r INDEX—BOOK 105 F975 SUBJECT Page 30—Dorweiler, Delos, refund for mowing of weeds, 314, 342 requested................................................................. f* .... .. 30—Dubuque Lumber Company, vacation of Lot I o Lot 418 IA in the Town of Eagle Point, in the City of Du- 452 buque, Iowa ................................113. 197. 221, 318,334, 362 318 30—DBQ, Inc., Granted Cigarette License ............................ 30—Dittmar. Dudolph W., Granted Cigarette License ...... - 318 30—Donut Hut Ltd., Granted Cigarette license ................ 318 30—Dubuque County Nursing Home, Granted Cigarette. 318 License........................................................................... .. . 30—Dubuque Marina, Inc., Granted Cigarette License ........ 318 30 --Davis, Carl, appointed to Advisory Commission ............ 321 30—Deich, Don, appointed to Advisory Commission ............ 321 30—Dehl, Robert, appointed to Advisory Commission ........ 321 July 7—Dubuque Yacht Basin, Inc., Granted Cigarette License 337 14—DFQ approving sanitary and functional features for same'­­­— ........ ­**­ .......... **"*'*" * ... * ...... Water Main Extension for Table Mound Mobile 4—Dyrland , Representative, " thanks" expressed to same Home Park Project ........................................................ 341 14--DeChristolyher, M. Jack, & Donald P. Shanley. Granted 4—Dock Commissioners recommending vacation of Tower Sunday Sales Permits .................................................... 346 21—DOT submitting grant approval for Teleprompter to 418 to install underground system on Wacker Drive ....356. 418 28—Digman Realty Ass'n., relative to proposed Zoning 452 Ordinance........................................................................ 359 28—Digman, Eldon, relative to proposed Zoning Ordinance 359 28—Dilworth, Herb, relative to proposed Zoning Ordinance 360 28—Dorweiler, Delos, relative to proposed Zoning Ordinance 360 28—Dubuque Board of Realtors, relative to proposed 435 Zoning Ordinance ............................................................ 360 28—Dubuqueland Campers Club et al, relative to RV Sec- tion of proposed Zoning Ordinance ................................ 360 Aug, 4—Dubuque-Wisconsin Bridge Project, report given on same'­­­— ........ ­**­ .......... **"*'*" * ... * ...... 373 4—Dyrland , Representative, " thanks" expressed to same for funds obtained for Waste Water Treatment Plant 417 4—Dock Commissioners recommending vacation of Tower Street to Fischer industries ....................................... 418 4—DOT relative to lettering of a Safety Enhancement Project........................................................ ..................... 418 4—Daniels Street, Frank E. and Delbert G. Miller re- questing vacation of a portion of same .. ................. . 421, 452 4 --Dubuque Jaycees, Granted Class "B" Beer Permit ........ 426 II—Donath, Rick, requesting to purchase Lot 130 in Len- nox Subdivision ................... ........... . ........ ................ ... 434, 453 II—Dubuque Community School requesting aerial display of fireworks on Sept. 19, 1975 .................................... 435 18 --DOT of State of Iowa, petitioning same to repaint the Dubuque -East Dubuque Bridge red, white and blue ... . .......................................................................... M3, 449, 492, 556 Sept. 2—Dock Commissioners submitting E. 4th St. Peninsula Program staging format ............................................ 449 2—Diedericks, Deloris A., Notice of personal property damageclaim ................................. ......... ...................... 454, 493 8 --Dock Commission endarsing Victor Gruen proposal for Fourth Street Peninsula ........................................ 464 8—Dorothy, Bob, submitting statement of DA1DC, relative to redevelopment of 4th Street Area ........................ 465 8—Dock Commission submitting Resolution 9.3-75 recom- mending certain improvements as Phase I of a comprehensive development program for the East Fourth Street Peninsula area ... "' 465 8 --Dubuque Sports Unlimited, Inc., re­i'u*`n­d** .......... onClass "B" Beer Permit .......................... 15—Dubuque County Assn. for Rjeta­r­d­e­d­­­'­ ...... ... * ........... Citizens express. 470 ing thanks for contributions utions made to building and programs of Albrecht Acres ................................ 15—Drum & Bugle Corps complimented on their behavior 475 While visiting City of North Tonawanda, New York 29 --DEQ approving sanitary and functional features 475 water main extension Keystone Drive, Sunset Park M, Block 6, and Sunrise Heights, Block 15 .................... 491 INDEX—BOOK 105 1975 SUBJECT Page " 29 DEQ submitting reports of chemical analyses of water samples collected from wells 1, 2, 3 and 4 and the plant effluent as submitted by Water Dept " ............. 29—Deininger, George E., submitting resignation from Transit 491 " Board of Trustees ........................... 29—Dubuque Sports Unlimited, Inc. requesting solution 492 to parking situation at lletrakis Ball Park ................ 496 Oct. 7—Dubuque Disposal Co. requesting to renew Lease & Agreement on property at 14th & Elm Streets, from " 1-1-75 to 1-1-76............................................................... 7 --Dubuque Metropolitan Area Transporltation Study 515 (D.M.A.T.S.), Articles of Agreement establishing same, submitted by City Engineer .............. .....515, 526, 571 " 7—,Dept. of Community Development requesting to move in order to gain more space ................................. 516 " 13—Dock Commission submitting lease proposed to be entered into between Dubuque Barge & Fleeting Service Co. and the Dock Commission ....................524, 558 " 13—Daughters of the American Revolution, Julien Du- buque Chapter, opposing painting the bridge tri- color............................................................. _...... ............. 525 " 13--D.E.Q. submitting statement of policy to all owners of Waste Disposal System and persons intending .to construct or expend Waste Disposal Systems ............ 525 " 13—Dillon, Pat, relative to Ordinance on unit price coding 526 " " 13—Dempsey, Janet Notice of sewer back-up claim .......527, 592 13—Dock Board, detaining the Powers and Duties of same amending Ordinance No. 181, (NOT ADOPTED IN " 1975)..................................................................................527, 540 20—D.O.T. expressing appreciation for hospitality extended to Legislative Visitation Committee while in City, Oct. 6th & 7th................................................................ 536 " 20—Determan, Tom, requesting week of Oct. 19th thru 24th be proclaimed "United Nations Week" ............ 538 " " 27—Doyle, Sister Joan, invocation given by same ............ 27 Community School District 554 --Dubuque Bond Referen- dum, affirmative vote on same ............................ 554 " 27—Dubuque Arts Council suggesting return of original model of Continuum .................................................... 555 " 27—Dubuque Conservation Society opposing to Industrial Bureau's proposal to fill in portion of Mississippi Pool above Lock & Dam X11 .................................... 556 " 27—Dubuque Glass Co. Inc., requesting clarification of various parts of Building Code .................................... 556 " 27—D.M.A.T.S, advising Wisconsin D.O.T. submitting copy of draft Environmental Impact S!tatemelat for proposed improvement of U.S. #61-151 from Dickeyville, Wise. to new City Island Bridge ap- proach................................................................................ 556 " 27—Diane Court and Victoria Place, residents of same re- questing erection of two street lights in area ............ 557 Nov. 3—"Dubuque Bicentennial Center Recognition Day" pro- claimed for Nov. 7 ........................................................ 565 " 3—Dix, Rev. Wm. L., relative to Public Nuisance Ordinance 569 " 3—Dittemore, Daniel, submitting proposed Resolution endorsing the corridor location for the Mississippi River-Dickeyville Road project in Grant County, Wisconsin........................................................................ 572 " 10—Dubuque Metropolitan Solid Waste Agency submitting minutes of their meetings ............................................ 578, 583 " 17 --Dubuque Ambassadors presenting Community Awards received from the State of Iowa ................................ 583 " 17—D,O.T. advising painting of Julien Dubuque Bridge will be standard green color ..................... ...... 583 " 24 --DEQ approving sanitary & functional features of 2501 6" water main extension of St. George Sub. #2 .... 590 " 24—DEQ submitting proposed Walter Quality Management Plan for the Northeastern Iowa Basin ....................590, 621 " 24—Daffron, Col. Wayne, on behalf of Nat'l Guard, re- questing ground for the construction of a new National Guard Armory ................................................ 594 IW INDEX -BOOK 105 _ 1975 SUBJDCT Page Dec. 1—Dubuque Area Chamber of Commerce and Downtown Merchants Bureau for Christmas decoration, Cer- tification of Insurance submitted ................................ 603 " 1—Davis, David, appointed to Human Rights Commission 8—DEQ submitting copy of "Wastewater Treatment Plant 612 SludgeDisposal"............................................................ 613 " 8—Dock Commission requesting reappointment of Wm. 616 McEllhiney to same ........................................................ " 8—Dock Board, appointments to same ................................ 619 " 15—Dock Commission submitting proposed five year lease with Dubuque County Conservation Society ............621, 633 15—Dull, Sharon I.ee, regarding to McAleece Recreation Proposal and flood wall monument proposed rec- reationalsight................................................................ " 15 --Dubuque Electric Motor Service Inc. objecting to pro- 623 posed zoning between 14th & 12th St. 15 ---Dubuque Community District, approving dedication 624 r'f drainage by same ................................................... " 15—Design Center Inc., granted Class "B" (Hotel -Motel) Beer & Liquor License ................................................ 628 " 22—DEQ approving sanitary and functional features for water main on Kelly's Bluff Properties .................... 632 " 22—DE advising of sending a construction permit to rancis Kelly for sanitary sewer extension in St. GeorgeSubd..................................................................... 632 W INDEX—BOOK 105 1975 SUBJECT Page E Feb. 24—Elliott, Frank & Ruth, Notice of Personal Property damages .................................................... ......... . 81 " 24—Elks Property, Clinton Federal Savings & Loan Assn., by Thomas Leibold, requesting rezoning of City Lots 623 & 624 ....................................................87, 121, 156, 209 Mar. 10—"Earth Day", Wahlert Ecology Students expressing in- terest in same on April 22nd ........................................ 99 " 10—Elliott, Delores B., Granted Class "C" (Commercial) Beer & Liquor License ................................................ 103 " 17—Eagles, Fraternal Order of, #568, Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ................................ ..........116, 318 " 17—Erschen, Alice, Granted Class "C" (Commercial) Beer & Liquor License............................................................ 116 " 24—Engling, Carl D., Notice of car damage claim ............ 121, 199 Apr. 7—East Centrol Intergovernmental Ass'n., relative to problems emanating from distribution of funds of the Housing & Community Development Act ....127, 198, 210 " 25—Ellis, Charles, appointed to TV Cable Commission ........ 164 " 28—Eimer's Florist, Richard D. Mills et al, inquiry to no sidewalk on the east side of White Street in the 2800 block........................................................................ 170 May 5—Edison Street, included in 1975 Asphalt Paving Project No. 1................................................................................ 177 " 5—East Fourteenth St., included in 1975 Asphalt Paving ProjectNo. 1.................................................................... 177 " 5—Existing Housing Project No. Iowa 87-2, execution of an annual contributions contract and General De- pository Agreement for same ....................................186, 234 " 5—Easement and Agreement, Relocation, secured from Illinois Central Gulf Railroad Co, in connection with installation of South Dubuque Interceptor San- itarySewer...................................................................... 187 " 19—Egelhof Funeral Home (Parking Lot) General Liability Policysubmitted............................................................ 210 " 27—Edmonds, T., proposing closing Grandview entrance of MurphyPark................................................................ 221 June 9—Embodying the existing form of Government on July 1, 1975, Ordinance adopting a Charter for the City onsame............................................................................ " 9—Elks Lodge #297, requesting transfer of beer -liquor 256 also granting new license ............................................269, 628 " 16—Ellis, Victoria, Granted Cigarette License ........................ 295 " 16—Ender, Robert C., Granted Cigarette License ................ 295 " 23—Elk's Club Lodge #297, Granted Cigarette License ........ " Granted Cigarette License 304 318 30—Elliot, Delores, .................... " 30—Ehlinger, Thomas, Granted Cigarette License ............ 318 " 30—Eska Co. Inc., Granted Cigarette License .................... 318 July 7—Erschen, Alice, Granted Cigarette License ................ 337 Aug. 4—Esmoil, James, appointed to Advisory Commission ... 427 " 11—East Central Intergovernmental Ass'n., relative to Iowa DOT Hearing........... ......................................... 429 " 11—Ehlinger, Cleon, Notice of Car Damage Claim .. 432, 477 " 11—Electrical Board of Appeals and Electrical Board of Examiners, appointments made to same ............ 438 " 18—Elliott, Mike, expressing thanks relative to courtesies extended aboard the Rivcr Rogue ................................ 440 Sept. 2—East 4th St. Peninsula Program staging format pre- sented by Dock Commissioners ...................................449, 464 " 15—Ellis, Merwyn R., requesting repair of alley between Asbury & Finley St . ....................................................479, 566 " 15—Environmental Review Finding, authorizing publica- tion of Notice of same for the San Jose Swimming Pool and Access Walk ................................................... 482 Oct. 7—Eulberg, Sr., Mary Thomas, Notice of personal injuries claim.................................................................................. 516 " 7—Environmental Safety Products awarded bid for new ambulance........................................................................ 519 INDEX-1300k 105-------- ---- ---- -- Subject page --------- _ real " 7—Ernst. Daniel P., Atty., *questing certain High Bluff in 2nd Addn., p o 521 T. McCraney's Street, be vacated (Bethany Home) ............................ Tower Week" proclaimed week of Nov 524, 565 " 13—"Ecumenical 2 thru 9th........................ss + 13--East 16th Street Water Main Extension across the East "C" of industrial Park569, 16t.h Street Bridge to Area 597 .. .......... ......... held Octo ger " 24—E1,E(,."1'I'J-N-,- City of Dubuque's Primary.. 552 21, 1975 results...............................................osed im- " 27—Environmental Impact Statement for prop from Dickeyville, Wisc. provement of U.S. #61-151 City Island Bridge approach, copy of same to new 556 573 submitted by Wisconsin D.O.T. .................... on the Community " 27—Eleventh Street Assoc., membership 559 development Commission.................................. Nov. 3—Ecumenical Tower completed by Ecumenical Hous- 571 .............................................................. . ing, Inc. .•••"-" " 10—ELECTION, City of Dubuque's Municipal held Nov. 576 .. 1975, results ................................. ...................... 4, ... 17 berhardt, Ault-en. 5nvocation given by same .......... Opportunity Offieer, hiring of 583 " 24—Equal Employment same, until June 30. 1976. under CF,TA Program 591 Dec. 8—East Central Intergovernmental Ass'n. relative to de- of the Stone Hile Development Corp..... velopment " 8.—Eska Co, requesting refund on unexpired portionof 617 CigaretteLicense........................................................... " 15--Ehlinger, Thomas W., refund on unexpired portion of 624 Cigarette License................ ..........................._..._.......... W INDEX—BOOK 105 1975 SUBJECT Page F Jan. 6—Frommelt, Leo F., appointed City Clerk for the year 1975.................................................................................._ 1 " 6—First National Bank, appointed official depository forCity Funds ............... .......... ..................................... 2 " 6—Fourth Street Redevelopment Plan, proposed, opposi- tions to same................................................4, 15. 59, 464. 613 " 13—Five Flags Center—Ice Rink proposal be considered, suggested by Playground do Recreation Commission 15 " 13 --Fischer Companies objecting to proposed private road between flood wall and cold storage plant ....... _....... 16 " 13—Fikany, Diann, reappointed to the Youth Services .... 22 " 20—Fire Prevention Code for the City of Dubuque, Iowa, Ordinance for same .................................................... 36 " 20—Fire Zones in the City of Dubuque, Iowa, creating and establishing same............................................................ " 20—Fitzgibbons, Neldin Jane, refund on unexpired pox n 37 of Cigarette License and refund on unexpired beer license................................................................................ 44, 45 " 20—Fondell and Sons, Inc., completion of Cedar Street Lift Station Valve and Sluice Gate Modiftcation, 1974....................................................................I............... 45 " 20—FEVLEY HOSPITAL PROJECT, Series A, Hospital Facility First Mortgage Revenue Bonds .................... 19, 46, 47, 48, 68,143, 194 " 2?—Fischer Realty Co., advising lease rental spaces for Dept. of Community Development and Planning Zoning offices increased ................................................ 53 Feb. 3—Farmer, National Outstanding Young Congress, for 1976, Jaycees bidding for satire ............................, 59 3—Fransen, Lorraine A., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ....__ 62, 303 " 10—Fischer Companies, requesting vacation of portion of Tower Street between 6th & Wall Streets, in Du- ubuque buqueHarbor Improvements Company's Addn. _.....................................65, 112, 221, 247, 323, 418 " 10—Fourth Street Neighborhood, be retained, requested by Mary Billington ................... _............... ... ........... 66, 79, 125 " 10—Federal Highway Administration, approval of School Signal Improvement Project under Federal TOPICS Pro m, "Location & Design Study" ._.......... _........ " Professional, agreeing too 70, 136 24—Fir fig ters Association, pay plan for period of January 1, 1975 through June 30, 1976 ............... _.................................. _.............. ......... 90 Mar. 3 --Foothill Road & Keyway Drive, four way stop at intersection, requested by Donald D. Weydert, et al 96, 158 " 10--loodwall, concern of Thruput's property next to same 160, 127 " 10—Fireworks display, requested by Luras College Student Senate for April 25, 1975 ........... ................................. Co., 103, 112 " 17-41ont Street. Dubuque Lumber requesting portion of same to build a warehouse ....113, 221, 197, 318, 334, 362 " 17—Fens, Mrs. Adele, requesting refund on unexpired portion of Cigarette License............I........................... #568, Granted Class 114 17-4-ra e} real Order of Eagles "C" (Commercial) Beer & Liquor License and Cigar- etteLicense ...................................................................... 116, 318 " 24—Flood coordination seminar to be held ............................ 120 " 2"ens. Ronald J., Granted Cigarette License and Class "C" m(Commercial) Beer & Liquor License ............ 122, 138 " 24—Ford, Mary Kathryn. Granted Class "C" (Commercial) Beer & Liquor License ................................................ 123 Apr, 7—Flood plan information report submitted by Army Corps of Engineers........................................................ " 7—Federal Aviation Administration advising of proposed 128 heliport for Mercy Medical Center ............................ 129, 168 " 7—Finance Director submitting 1974 Annual Finance Reportfor the City ........................................................ 130 " 7—Fuerst, Richard S., Notice of personal injuries claim 130 aor INDEX—BOOK 105 1976 SUBJECT Page 7—Floodwall'Right-of-entry agreement with U.S. Army Corps of Engineers to allow construction of side- walks along same ............................................ ................ " 14—Fondell & Sons Inc., General Liability Policy submitted " 14—Faust, Barb, relative to beautification ............................ xecution 14—Fauosf agreement nt between City ndect, known. as tIowa State eHighwy Comm. for same .......... " 14—Friedman, Leona R., & Granted Class "C" (Commercial) Beer Liquor " License ................................. i.......... erm 21—Fireworksniayigire works in cit, submitted by City Manager 21—Fuerste, Wm., relative to rezoning of Lots 623 & 624 (Elks property)................................................................ " 25—Faulkner. Thomas, appointed to Cable•TV Advisory Committee........................................................................ 136 140 142 146 148 155 156 May 5—Frick, Mrs, Frederic D., Notice of car damage claim 5—Fengler St„ included in 1975 Asphalt Paving Project No. 1 ............. .................................................................... " 5—Franchise Realty Interstate Corporation, Certificate of Completion executed ................................................ " 5—Fischer & Co., Incorporated Certificate of Completion executed............................................................................ " 5—Fire-crash rescue equipment, Airport Commission authorized to file application with DOT -FAA for purchase of same (Project No, 8018-0028-0175)...•.... 19—Freund, George, relative to San Jose swimming Pool agreement........................................................................ 10—Farrell, John M., Notice of car damage and personal injuriesclaim................................................................. " 27—Flores, Gerald L., approving of paving of Paul Street " 27 ---Frontage Road to serve facility known as a Ramada Inn at intersection of Division St, and Highway #20, agreement with Inns of Iowa, Ltd-, for same .................... June 2—Fenelon, Patrick, Granted Cigarette License .................... " 9—Form of Government, Existing, Ordinance adopting a Charter for the City on same on July 1, 1975 ............ " 9—FUNDS, approval of permanent transfer of same ........ 9—Fischer Realty Co., Granted Cigarette License ................ " 9—Ferring, Theodore J., Granted Cigarette License ........ " 16—Five Flags Corporation requesting to purchase total block of URBAN RENEWAL LAND next to Or- pheum Theatre................................................284, 367.458. to 16—Flynn Company, Inc., awarded contract for Washington Street Traffic Diverters................................................ " I6—Fischer Bowling Lanes, Granted Class "C" (Commer- cial) Beer & Liquor License and Cigarette License.... 268, 16—Fens, Ronald J., Granted Cigarette License ................ " 16—Frommelt Industries presented Bicentennial Flag to City... .. .... ...................... 23 --Fleckenstein, Ray, Granted Cigarette License ............ 23—Fuerst, Richard A., objecting to swimming pool rate increase............................................................................ 30—Five Flags concept, changing to a Veterans Memorial HallComplex.................................................................... 30—Finley Hospital, in favor of hospitals being permitted to sell optical goods and supplies ................................ " 30—Ford, Mary K., Granted Cigarette License .................... July 7—Fink, D., objecting to Cable TV service ............................ " 14—Fischer Inc., Sidewalk Construction Bond submitted " 28—Friedl, Msgr., of Loras College, relative to Institutional District section of proposed Zoning Ordinanse .... Aug. 4—Frommelt, Paul, relative to one block of street near Flora Park, being used as a race track .................... " 4—Folger, William, appointed to Playground & Recrea- tion Commission ............................. " 11—Frangos, John Peter, Granted Class "B" Beer Permit " 18—Fairgrounds, Recreation Department to check possible use of same for infield or track for recreational facilities............................................................................ 164 175 177 182 185 193 207 211 225 235 250 256 257 268 268 507 285 294 295 297 304 309 309 310 318 324 340 360 418 427 436 447 10 1973 INDEX -BOOK 105 SUBJECT Page Sept. 2—Fourth Street Peninsula Program staging format sub- mitted by Dock Commissioners .................................... 449 " 2—Fire Fighters Ass'n, to be certified as bargaining representative of the Fire Fighter employees ....450, 484, 639 8—Fischer Companies, opposing 4th St. Peninsula Area redevelopment .......................... ....... 464 " 15—Federal Orientation workshop to be held, advised by Senator Clark ................................. ......... 475 " 15—Ferring, Theoidore, Granted Class "B" Beer Permit 489 " 29—Frommelt, City Clerk, to sign official City papers dur. ing absence of City Manager from the City ............ 492 Oct. 13—Feye, Karl, Notice of personal injuries claim ................ 527 " 20—Friedl, Rev. Francis, invocation given by same ............ 536 " 20—Flood plain information study along Catfish Creek and Little Maquoketa River, application of City & County for same, approved by National Resources Council.............................................................................. 536 " 20—Floodwall, An Ordinance prohibiting the driving, park- ing or storing of motor vehicles in, on or over the earthen dikes of same .................................................... 539 20—Freiburger, Harriet E., requesting suspension of taxes 540 " 27—Five Flags Corp. submitting items of cost in lump sum for work concerning the proposed Civic Center ........ 554 " 27—Fourth Street Neighborhood Assoc., membership on the Community Development Commission ............ 559 " 27—Ford Leasing Development Co. & Kopper -Powers Ford Inc., requesting annexation to the City .................... 559 Nov. 17—Flood Hazard Boundary Map, amended, submitted by Ass't. City Manager .................................................... 584 " 24—Frommelt, Paul and Frommelt Industries objecting to zoning for massage parlors ............................................ 590 Dec. 8—Five Flags Civic Center Fund submitting proposed agreement between Bowen -Kanazawa Partnership andsame............................................................................ 614 " 8—First Baptist Church requestin rezoning of property at corner of Judson Dr. & Asbury Rd. (Seventh Step Foundation)...................................................................... 616 " 8—Fisch, Robert F., appointed to Community Develop- ment Commission............................................................ 619 " 15—Fondell & Sons Inc., Casualty Insurance Policy sub- " mitted................................................................................ 22 ---Federal Funds be utilized to establish position of Riv- 622 er/Stream Pollution Technician ................................ 633 " 22—Fire Protection employees, establishing and declar- ing work period of same ............................................ 640 _. INDEX—BOOK 105 _ SUBJECT Page 1975 - G Jan. 13---Guzzle, Robert, appointed to the Youth Services .... g " 14_.--Gencral Drivers Union, by Mr. Owen Riley, objecting 22 to way of vote on resolution passed concerning 25 ............. .. .. ........... union contracts.............................................................. " 27--Grant, City Spirit, application for same to the National 54 Endowment for the Arts............................................ Feb. "ay Street playfield area, City Manager recommend• 59 ing increased lighting in same ................................. Casualty Co., on behalf of Isidore Zimmer, " 10—•-General Notice of personal injury claim ................................ 65 " I"roup Homes rezoning, concerns for same .................... " lo—General Obligation & Revenue Bonds, City Manager 68 submitting revised agreement with Paul D. Speer & Assoc, for service in connection with sale of same 69 " 24—G.A.I.N., Girl's Center, Rose Marie Montgomery, re- questing financial support for same ....79, 103, 113, 119, 125 " 2"rau, John, relative to Mini-Programs for Block 79 GrantProgram................................................................ " 24--Gordon, J. M. Etal, objecting to proposed cable TV rateincrease.................................................................... 24--General Drivers & Helpers Union, agreeing to pay 82 plan for period of January 1, 1975 to June 30, 1976 90 Mar. 1"antz property, Robert Watters requesting to rent same 103 land abutting ........................................................ It 10--Garbage & Refuse Collection, Delinquent list submitted 105 " I"irls Center, requesting establishment thereof ............ Co., Notice of Claim for labor and 103 17--Giese Sheet Metal material furnished on Waste Water Treatment Plant to Goerdt Construction Co. ............................113, 557 " 17—Lantz property, acquisition of the landfill area com- pleted................................................................................ 114 Apr. 7—Guideline, Inc., Human Rights Comm. submitting status statement on Matt Lorenz relative to involvement insame.............................................................................. 127 " 7—Glenwood Court and Creston Street, drainage problems that exist in said area............................................. 133 " 14—Goodman, Dominic W., submitting resignation as member of Park Board, effective April 9, 1975 139, 161, 202 " I"rau, John, relative to beautification ........................ 142, 350 " 14—Gibbs, Jim, relative to beautification ........................ 142 " 21—Goerdt Construction Co., completion of 1973 Storm Sewer Improvement........................................................ 160 " 21--Guy. Gerald, appointed to Board of Appeals-Building Code.................................................................................... 163, 619 May S--Grandview Ave., included in 1975 Asphalt Paving Proj. ectNo. 1............................................................................ 177 " 5—Grant No. B-75•MC49-004 submitted to HUD to exe- cute a Community Development Block Grant Agree- ment.................................................................................. 190, 233 " 19—GRANT OFFER, approving same from Adm. of F.A.A. for purpose of obtaining Federal Aid in Develop- ment of Municipal Airport, Project No. 8.19-0028-01 213 " 27—Gansemer, Margery, objecting to proposed improve- ments of Asbury Road ................................................ 225 " 27—Gross, Pat, objecting to paving of Paul Street ............ 225 " 27—Griesinger, Mel, objecting to paving of Paul Street 225 .... " 27—Grimes, Virginia, objecting to paving of Paul Street 225 .... " 27--Great A & P Granted Cigarette License ........................ 239 June 2—Grabow, Ralph J., Granted Cigarette License and Class "C" Beer Permit............................................................ 250, 437 " 2—Grandview Ave. & Dodge Street. Traffic Lights 249, 287, 315 " 9--Grandview Drug Store, Granted Cigarette License 268 ........ " 16—General Revenue Sharing—Planned Use Report for the period July 1, 1975-June 30, 1976 ............................279, 313 " 16—Ginter, Donna M., refund on unexpired portion of Beer-Liquor License ...................... .................... 284 16—George, Frank & John, Granted Cigarette License ........ 295 INDEX -BOOK 105 1975 SUBJECT Pnoe " 16 --Glynn, John F., Granted Cigarette License and Class .,B., Beer License ........................................ 295, 562 " 16 --Gordon, Lorraine, Granted Cigarette License and Class "C" Beer & Liquor License ............................. 295, 628 " 23—Glab, Buron A. & Inez F., suspension of real estate taxes 298 " 23—Groves Kelco, Inc., Granted Cigarette License ........ 304 " 30—Gibson Eyewear, by Wilson McCallister, objecting to sale of optical goods in "Hospital Medical Zone" .... 310 " 30—Giunta, Marco, Granted Cigarette License ................ 318 July 7—Gilmore, Regina Cooper, donating property to approach W. 5th St., Steps, requesting to be named COOPER PARK................................................................................ 324 " 7—Gruber, Mr., relative to Cooper Park ............................ 324 " 7—Glynn, Beverly A., refund on unexpired portion of Class "C" Beer & Liquor License ............................ 326 " 28 --Giroux, Dr., of Clarke College, relative to Institu- tional District section of proposed Zoning Ordinance 360 Aug. 11 --Gilchrist, Dave, relative to needs of the Dubuque Symphony........................................................................ 430 " 11—Grothe, Wm., appointed to Electrical Board of Appeals 438 " I1 --- Gatrel, Koa, appointed to Board of Appeal -Building Code.................................................................................. 438 " 18—Gansemer, Matthew J., Notice of personal injury claim 442, 477 " I"illoon, Tom, State Representative, presenting con- sideration of City Lottery to finance new Wisconsin Bridge................................................................................ 447 Sept. 2--Grabow, Ralph J., Granted Class "C" Beer Permit .... 462 " 8—Gruen, Victor, proposal, Dock Commission endorsing same.................................................................................. 464 " 8—Guideline. Inc., Sidewalk Construction Bond submitted 468 " 29—Graves, John, objecting to painting bridge red, white andblue............................................................................ 492 " 29 --Gregory, James, relative to tax structure & revalua- tions of properties in City ............................................ 513 " 29--Canshirt, John F., relative to tax structure & revalua- tions of properties in City ............................................ 513 Oct. 7—Grau, John, relative to formation of Community De- velopment Commission ................................................ 515 " 13 ---Giroux, Dr. Robert, invocation given by same ................ 524 " 13--Groninga, John, requesting reconsideration to paint Julien Dubuque Bridge tri -color ................................ 525 " 13--Grau, John, requesting blocking off Alice Street on Oct. 26th............................................................................ 528 " 13—Groves Kelco, Inc., d/b/a Nabors Drug, granted Class 11C11 Beer Permit............................................................ 532 " 27—Governor of the State of Iowa, presenting a State Flag forAirport........................................................................ 554 " 27—Goerdt Construction Co., claims against same settled 557 " 27Gurney, Bert & Assoc., sub -contract claim against M. F. Goerdt Construction Co., has been settled ............... 557 " 27--Ganahl, Kenneth, appointed to Rehabilitation Commis- sion.................................................................................... 563 " 27—Garnett, Donald D., appointed to Rehabilitation Com- mission.............................................................................. 563 Nov. 24--Gudenkauf, Lloyd S. requesting relief from Zoning Ordinance relative to extension of roof lines ........ 594 Dec. 8--Gruwell, Willis R., appointed to Community Develop- ment Commission............................................................ 619 " 8_ -Gorman, Ted J., appointed to Community Development Commission...................................................................... 619 " 8—Goetzinger, James D., appointed to Community Devel- opment Commission.................................................... 619 INDEX—BOOK 105 _ 1975 - SUBJECT Page L Jan. 6—Hird Gerald, City Treasurer, Personal Bond submitted S 196—Hutton, CIaribel, Settlement of Claim ........................... for Finley Hospital, relative to 13—Hammer, Dave, attorney to proposal to obtain Industrial Revenue Bonds lA, 46 " forsame............................................................................ 13—Human Rights Commission appointments made ............ 22, 612 Rights " 13—Hansen, Veronica, appointed to the Human 22 " Commission...................................................................... 20—Holz, Mrs. Oswald, Notice of personal injuries claim.... 26, 211 " 20—Hospital Facility First Mortgage Revenue Bonds Series 68,143, 194 " A. (Finley Hospital) ............................................46, 20—Heiderscheit, John J., Granted Class "C" Beer Permit 48 " " 27—Hanley, Vera, Notice of personal injury claim ............ 52, 210 of Dubuque," contained within Interim Ord- 27—"Heritage inance, submitted by Planning & Zoning ............ 52, 66 Feb. 3—Hampton, Mr. Robert, extension for the construction of Ramada Motor Inn Lodge ....................57, 81, 95,104, 270 " 3—Hirsch, John R., Granted Class "C" (Commercial) 62 " Beer & Liquor License ............ ....... .................. I.......... 10—Human Rights Commission, workshop session dealing with discrimination in area of credit, (Senate File 1265 Civil Rights Act 1965 as amended) .................... 64 to 10—Human Rights Commission, submitting minutes of their meetings 64, 100, 127, 173, 253, 339, 417, 565, 583, 603 24—Historical Society, reference to funds for rehabilita- tion.................................................................................... 79 " 24—Hospital Board of Trustee, Dubuque County, request- ing share of Community Development Funds to construct a second access road ............................ 80 Mar. 3—Hardin County Board of Supervisors, requesting reacti- vation of the 1-520 Program ........................................ 93, 100 " 3—Howard, Mrs. Vicki, requesting speed laws on Wood- worthStreet................................................................95. 155, 174 " 3—Hiillerest Road & Admiral Street, Mettel Realty & Investment Co. requesting to install street lighting insame.............................................................................. 95, 101 " 10—Hansel & Seipp, Assessing garbage & refuse collection charges.............................................................................. 105 " 10 --Housing Assistance Plan, Dubuque County Assn., for retarded Citizens, Inc., offering their assistance in the development of same ........................................ 99, 475 " 10—Hardie Advertising Inc., Frank, requesting rezoning from Single Family. to Business Classification (3100 Block on University).................................................... 103 " 10—Hoffman, David, Granted Cigarette License ................ 107 " 24—Heitzman Construction Co., Sidewalk Construction Bond submitted................................................................ 120 to 24—Hansen, J. W. Construction Co., Sidewalk Construc- tion Bond submitted .................................................... 121 " 24—Higley-Meyer Electric Co., General Liability Policy submitted.......................................................................... 121 " 24—Heinz, Albert, Oky Doky #7, Granted "C" Beer Permit 123 Apr, 7—Human Rights Comm. submitting status statement on Lorenz relative to involvement in Guideline Inc..... 127, 361 " 7—Housing & Community Development Act, East Central Intergovernmental Assn. submitting problems rela- tive to emanating of funds of the Housing & Community Development Act ............................129, 198, 210 " 7 --Heliport, proposed for Mercy Medical Center submitted byFAA .......................................... .................... 129, 168 " 7—Hennen, Laverne Nicholas, Granted Class "C" Beer Permit................................................................................ 137 " 14—Herburger, Jerry, relative to beautification .................... 142 " 14—Heitzman, Wilma, relative to beautification .................... 142 " 14—Historical preservation advisory group to be established 142 " 21—Hillcrest Road and Keyway Drive intersection made afour way stop............................................................ 158 INDEX—BOOK 105 1973 SUBJECT Page " 21—Henschel, Richard C., approving plat of Blocks 1, 2 & 3 in Timber Ridge Addn, for same, correction of Resolution 386-74 ........................................................ 159, 444 " 21—Hentges, Dorothy, Granted Class "C" (Commercial) Beer & Liquor License ............................................ 162 " 21—Hagen, Howard O., appointed to Advisory Commission 163 " 21--Herrig, William, appointed Board of Appeals -Building Code.................................................................................. 163 " 28—Health Dept., City -County, Merger of same, reports of study committee ................................................167, 297, 340 " 28—Howell, Dr., relative to City -County Health Dept. Merger.............................................................................. 167 " 28—,heating, Ventilating, Air -Conditioning and Refrigera- tion Board, appointments made to same by City Manager............................................................................ 168 May 5—Historical Society of Dubuque County, relative to street light standards from Central Ave., Lower Main St., and Washington Park .................................................... 173 " 5—HUD, authorizing publication of Notice of Submission of the Community Development Block Grant appli- cation to the same ........................................................ 185, 233 " 5—Hillcrest Builders requesting vacation of existing storm sewer easement in Lot C Block 12 in Key Knolls Subdivision.......................................................... 192 " 19—Historic Preservation Advisory Board, recommending brick be used on building constructed by Clinton Federal Savings & Loan Building (Elks) ................ 209 " 19—Hutchinson, Virgil Lee, Notice of car damage claim.... 211, 298 " 19—Hall, John F., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ................218, 346 " 27—Haupert, Frances M., Notice of personal property claim 223, 325 " 27 Hansel, Dick, objecting to proposed improvement on AsburyRd......................................................................... 225 " 27 Heitzman, H. F., objecting to closing of Cherry Street alley.................................................................................... 226 " 27—Hartig, Granted Cigarette Licenses (4) ............................ 239 June 2 --Health Dept., County, meeting on upgrading of waste- water treatment plant .................................................... 243 " 2—Houselog, Gerald, delapidated condition of the duplex at 75456 W. 8th Ave.............................................245, 492, 527 " 2—Hos, Virginia by Blue Cross -Blue Shield, Notice of Claim.................................................................................. 246 " 9—Henschel, Richard, street lighting requested on Val- entineDr......................................................................... 253 " 9—Heiar, Merlin & Eileen, objecting to Washington St. Diverters............................................................................ 260 " 9—H & W Motor Express Co., objecting to Washington Diverters............................................................................ 260 " 9—HUD, authorizing the execution of a Proelaimer Certifi- cate for Submission to the U.S. Department of same 265 " 9—Heiderscheit, John J., Granted Cigarette License ........ 268 " 16 --Heinz, Vivian, Granted Cigarette License and Class "C" beerpermit................................................................. 295, 355 " 16—Hirsch, Carl, Granted Cigarette License ........................ 295 " 23—Hardee's of Dubuque, Granted Cigarette License ........ 303 " 23—Hancock, William, Granted Cigarette License ................ 304 " 30—Hospital Medical District, amending Zoning Ordinance pertaining to same ........................................................ 310 " 30—Hammer, Dave, for Finley Hospital in favor of hos- pitals being permitted to sell optical goods and supplies............................................................................ 310 " 30—Hennen, LaVern, Granted Cigarette License ................ 318 " 30—Holiday Oil Distributors, Granted Cigarette Licenses (5) 318 " 30—Habeger, Anthony, Granted Cigarette License ................ 318 " 30—Hillary, Bert, Granted Cigarette License ........................ " 30—Holiday Inn Motel, Granted Cigarette License ................ 318 318 July 14—Human Rights Comm. advising official from HUD made inspection; office could function as downward def- faral agency for federal housing complaints ............ 339 " 14—Headington, Mary, appointed to Advisory Commission 347 INDEX—BOOK 105 1975 SUBJECT- __ Fage " 14—Hammer, Audrey, requesting Teleprompter Cable TV 350 print return address on envelopes ..................... " 21—Hawkeye Estates, correction resolution for s ame 353 (HEFEL) ....................................... ..................................... " 21—Health Dept., Stale of, submitting reports on mainten- ance and operation of City swimming pools ...:........ 356 " 28—Henkel, Paul J., Notice of Property Damage Claim .... 357, 615 " 28—Naught, W. L. relative to RV section of proposed 360 Zoning Ordinance............................................................ Aug. 4—Historic Preservation Advisory Committee, property at 110-114 West 12th Street of no historically value.... 419 " 4—Hingtgen, Doris M., appointed to Low -Rent Housing 427 Commission ...................................................... " 4—Healey, Paul, appointed to Youth Services Board of Directors.............................. ............................................ " 11—Helling, Joe, relative to paving of Paul Street ................ 427 429 " 11—Hanson, Neil 0., relative to RV section of Zoning Ordi- nance.......................................................................... " 11—Human Rights Director requesting adoption of an 430 amendment repealing Section 303 of the Human Rights Ordinance to include judicial review ............ 432 " 11—Hirsch, John R., Granted Cigarette License ................ 436 " 11—Hutton, James B., appointed to Electrical Board of Examiners....................................................................... 438 " 18—Historic Preservation Advisory Board, relative to Klein Estate requesting demolition of a building at 332 BluffStreet....................................................................441, 450 Sept. 2—Health Dept. of County, relative to obtaining sewer in County for residents of Old Mill Road & Manson Road.................................................................................... 450 " 2—Howell, Dr., relative to obtaining sewer in County for residents of Old Mill Road and Manson Road ............ 450 " 15—Handicapped, accessibility to City Hall for same pre- sented and curb cuts ....................................................475, 490 " 15—Haigh, Dorothy, requesting installation of two stop signs at southwest & northeast corners of 15th & Maple Street " 15—Hearth Lounge, refund on unexpired portion of Cigar- etteLicense.................................................................... 480 " 29—Hail, Water Plant Supt., submitting procedure of test- ing wells and advising department has been able to meet all DEQ requirements .................................... 491 " 29—Halloween Parade on Oct. 30, 1975, requested by Y's Men Club................................................................ 497 " 29--Hillerest Road to be dedicated when demand is made.. 509. 547 " 29—Holy Trinity Catholic Church granted Class "B" Beer Permit....................................................................512, 540 " 29—Hentges, Dorothy R., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ....318, 512 Oct. 7—Heiar, Merlin F., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License .... 318, 521 " 7—High Bluff Street, vacating portion of right-of-way of same for Bethany Home ................................. 521, 534 " 7—Highway #20 Overpass, City allocate $250.00 toward the purchase of sign over same ................................ 523 " 7—Hingtgen, Donald, appointed to Rehabilitation Hous- ingCommission................................................................ 523 " 7—Holl, Walter, appointed to Rehabilitation Housing Commission ........................ " 13—Harrison, Jim, relative to Ordinance on Unit Price 523 coding................................................................................ " 13—Housing Inspector relative to property at 744 West 526 8th Avenue ................. " 13—Hempstead Student Government requesting to conduct 527 Homecoming Parade on Oct. 24, 1975 ........................ 5211 " 13—HUD Funds, authorizing submission of a request for Release of same for the San Jose Swimming Pool Parking Lot and Access Walk ........................ 529 " 13—"1-fandgun Control Proceedings" referred to Advisory Commission...................................................................... 533 INDEX—BOOK 105 1975 SUBJECT Page " 20—Holland, Les, members of D.O.T. expressing apprecia- tion for hospitality extended to Legislative Visita- tion Committee while in the City, Oct. 6th & 7th 336 " 20—Hawkeye Estates, Attorney Joseph J. Bitter requestingq vacation of the plat of same to begin process of corrections. (HEFEL) .................................................... 545 " 20—Helling, Anthony A. & Bette O., Granted Class "B" (Motel -Hotel) Beer & Liquor License and Cigarette License..............................................................................303, 550 " 2o—Hempstead Speech Arts Class expressing apprecia- tion for being able to attend Council meetings........ 554 " 27—Hamby, Mrs. Jack N., relative to painting Julien 556 DubuqueBridge............................................................ " 27—Hess, John E., appointed to Civil Service Commission 563 Nov. 3—Hoekstra, John J., requesting refund on unused Build- ..... ............ ............. .... ... ing Permit ............. .......... ..... ....... 568 " 3—Hartig Drug Company, Granted Class "C" Beer Permit (4) ..................................................................................... 574 It 17—Hogan & Hartson submitting certificate of compliance to FCC, on behalf of Teleprompter -Cable Com- municationsCorp............................................................. 583 Dec. 1—Hager, H. K. objecting to fumes and noise from diesels in building between 1st & 2nd Sts, and Locust and Bluff Sts. (Wenzel) ..........................................................611,614 " 1—Henkes, Robert, objecting to diesel repairs being made in building at 1st & 2nd Sts. and Locust & Bluff Sts. (Wenzel)....................................................................612, 614 " 8—Henry, John, of 4th St. Peninsura Area submitting General Development Plan for the area .................... 613 " 8—Hughes, Alfred E., Attorney, representing Dubuque Pack Co., relative to garage at 124 Bluff Street (Wenzel property)............................................................ 614, 632 " 8—Hardie Advertising Inc., Frank, requesting refund on building permit not used ........................................ 616 " 8—Hanson, Gary Joseph, granted Class "C" (Commercial) Beer & Liquor License ................................................ 619 " 8—Herrig, William, appointed to Board of Appeals - BuildingCode................................................................ 619 " 8—Hilgert, Charles W., appointed to Community Devel- opment Commission........................................................ 619 " 8—Hixon, Ronald L. appointed to Community Develop- ment Commission............................................................ 619 " 8—Huff, Sue, appointed to Community Development Com- mission.............................................................................. (Co " 15—Hillary, Bert, granted Class "C" mmercial) Beer 619 & Liquor License .......................................................... ., 628 1975 INDEX -BOOK 106 SUBJECT Page Jao. 6 --Inspectors of the Building Department requesting re- 3. 23 view of the City Pay Plan ............................................ " 13—Ice Rink -Five Flags Center, proposal be considered, ssion sug13—IndusttrialtRevenuea Bonds, Approvingtof feeion schedule edule 15 whenever and as often as any corporation shall request the City to finance any project by the is- 19, 144 suanceof same ................................................................ " 27—Iowa State Highway ect Numbers F-520 & F-5299 for locationapproval corridor hearing at Epworth .................................. 50 Feb. 3—Iowa-Wisconsin Bridge, Councilman Thoms to com- 63 municatewith D.O.T.................................................... " 10—Iowa State Highway Commission, approval of the "Location & Design Study Report" for School Signal Improvement Project under Federal TOPICS Pro- gram ............................................................136, 188, 230, 262 " 24—Iowa State Highway Comm., agreement between same and the City, giving the City 50% of cost of repay. ing Dodge St. with asphalt from Bluff to Grand- view and building deceleration lane at Devon Dr. intersection...........................i.......................................... " 24—International Union of Operatng Engineers, relative 88 to Casual Day Proposal ................................................ 89, 135 Mar. 3-1-520 Program, reactivation of same requested by Hardin County Board of Supervisors ........................ 93, 100 It 17—I11inois D.O.T., relative to Air Pollution Control 112.139, 168 Apr. 7—Intergovernmental Agreement for the creation of the Dubuque Metropolitan Solid Waste Agency sub- mitted by City Engineer ........................................129,150, 625 It 14—Ibinger, T. Robert, relief of conditions to his land on IndustrialPark................................................................ 139 May 5—Investment Planning, Inc., Certificate of Completion executed............................................................................ 183 " 5—Illinois Central Gulf Railroad Co., Relocation Easement and Agreement secured from same in connection with the installation of the South Dubuque Inter- ceptor Sanitary Sewer .................................................... 187 " 27-4nns of Iowa, Ltd., agreement with same for frontage road to serve facility known as a Ramada Inn at intersection of Division Street and Highway #E20 .... 235 June 2—Interstate Power Co., requesting a Utilities Accom- modation Permit.............................................................. 247 It 9—Interstate Power Co., application to discharge into the Mississippi River............................................................ 253 Is 9—Imperial Bowling Lanes, Granted Cigarette License .... 268 " 16—Iowa, State of, DOT, Primary Road Extension Mainten- ance & Operation Agreement for period of July 1, 1975 to June 30, 1976 .................................................... 278 It 23—Inns of Iowa, Ltd., block off Mercer Drive on June 28, 1975............................................................................ 300 July 28—Imperial Lanes, Inc., Granted Class "C" (Commercial) Beer & Liquor License .................................................... 371 Sept. 29—Iowa Northwestern Development Corp. requesting in- stallation of seven street lights in Arbor Oaks Subd...................................................................................496, 526 It 29—Inns of Iowa, Ltd., Granted Class 'B" (Hotel or Motel) Beer & Liquor License and cigarette license ............ 512, 581 Oct. 7—Insurance Women of Dubuque, relative to proclaiming last week of October as "Safety on the Streets Week"................................................................................ 517 " 27—Iowa Dept. of Transportation property and Kopper - Powers Ford, Inc., property annexed to the City .... 560, 633 Dec. 8—Interstate Power Co., willing to cooperate in turning off street lights concerning candle light traditions at Christmas time ................................... 616 " 8—Isenhart, Rhodes J. Jr., appointed to Community De- velopment Commission ................................................ 619 INDEX—BOOK 105 1975 SUBJECT Page Jan. "ustmann, C. Robert, appointed Mayor for the year 1975 1 " 20—"Jungwirth's Morocco" reclassified as Single Family Residence District.......................................................... 44, 86 27—JFK Fast Foods, Inc., Granted Class "B" Beer Permit 55 Feb. 3—Jaycees, bidding to host the National Outstanding Young Farmer Congress for 1976 ............................. 59 Mar. 3-4ackson St. & 24th Sts., Mrs. Warren Conrad request- ing traffic control system or device at intersection ofsame........................................................................94, 283, 342 " I"anlin Plastic Co., by Atty. Robert Bertsch, requesting removal of conditions in resolution and deed rela- tive to their property ............................................104, 139, 158 Apr. 7—John Deere Dubuque Works submitting application to dredge approx. 70,000 cubic yards material from their intake and discharge channels ........................ 128, 298 " 7 --Jaycees, requesting to host a circus on July 4, 1975.... 133 " 7-4uergens, Louis requesting refund on unexpired por- tion of Cigarette License ............................................ 133 7 --Jaycees, Granted Class "B" Beer Permit ........137, 370, 426, 443 " 14—Jaycees to renovate Washington Park ........................ 143 " 21 --Johnson, Walter, Vice -Pres., Thermolyne, relative to beautification on Kerper Blvd. Median ................ 155 May 5—Julien Motor Inn, relative to Iowa Truck Assn. Con- vention.............................................................................. 176 " 12—Joyce, Pauline, submitting set of computerized facts of citizens' survey............................................................ 199 " 12—Jaeger, Louis, approval of final plat of "Cherry Valley" 200 221 " 27-4aeger, Louis, General Liability Policy submitted ........ June 2—T & RC Inc., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ............ 252,303, 326 " 23--TFK Fast Foods, Inc., Granted Cigarette License ........ 303 " 3"aeger, Ron, for Finley, in favor of hospitals being permitted to sell optical goods and supplies ............ 310 " 30—.Tones, Janet appointed to Advisory Commission......... 321 July 28-4ones, Janet, supporting proposed Zoning Ordinance .... 360 Aug. 4—Jackson-Rand Corp., Notice of Claim to M. F. Goerdt Construction Co., for work done on Cedar Street LiftStation........................................................................ 418, 557 4 --Job Openings Listing, City Manager relative to same .... 419 " 4 --Jones, Janet, appointed to Transit Board and official bondsubmitted................................................................427, 441 " 11—Julien Dubuque Bridge, painting same red, white and blue ........................................430, 443, 449, 492. 525, 536, 556 " I"aycees Jaynes, requesting to park the Wisconsin Breast Detection Mobile Unit to downtown Mall areaon Sept. 5th............................................................ 443 Sept. 8—Jaeger, Louis J., requesting installation of two street lights on extension of Lori Street in Cherry Valley 470, 476 Sub................................................................................. 15--Justmann, Mayor, requesting up -date on Metropolitan Solid Waste Agency action; Landfill bonds for is- suance Sept. 15, 1975, and set date of completion to return phased portions of Area "C" for recrea- tionaluse........................................................................ 476 " 15—Jenkins, Lorraine M., settlement of personal injuries 494 claim..................... .......................................................... . Oct. 7—Jansen Street, Floyd D. Berendes requesting vacation of same abutting his property ....................................517, 579 " 13—Justmann, Mayor, indicating a desire to promote Caradco's welfare........................................................... 524 13---Justmann, Mayor, relative to Bunker Hill being used 526, 565 forsnowmobiles............................................................ INDEX—BOOK 106 _. 1975 SUBJECT Page Nov. 3—Justmann, Mayor, relative to joint Supervisor -Council 5 5f. meetings.................................. " "aeger, Louis, requesting review of denial of Building 568 Permits in Tower Heights ............................................ " 10–,Judson, Dr. & Asbury Rd. intersection of same, objec- Foundation 579 tions to rezoning same for Seventh Step report on gift of Emerald " 2"ustmann, Mayor, submitting Necklace (Catfish Creek) ................................................ 5A1 Dec. 2"ack Jones Excavating requesting to excavate at 2300 637 ...................................... Rhomberg Ave. ..•;• ri .i.t " 22r T.F.K. Fast Foods, Inc., Granted Class "B" Beer Permit 641 INDEX—BOOK 105 1975 SUBJECT Page K Jan. 6—Key City Bank & Trust Company, appointed depository forCity Funds................................................................ 2 " 6—Kretschmer Tredway Co., not included in area of proposed Redevelopment of Fourth Street area, ob- jecting to repaving of 7th St ......................................... 4 " 6—Kennedy Construction Co. requesting rezoning of prop- " erty located between Kaufmann & Kane St ............. "C" 6 6—Kies, Donald, granted Class (Commercial) Beer & Liquor License and Cigarette License .................... 13, 303 " 13—Knob Hill Drive and Duggan Drive, five light fixtures to be installed on some, petition of John J. Duggan of11-18-74........................................................................ 16 Feb. 10—Kirchberg, Gerald C., Granted Class "C" (Commercial) Beer & Liqquor License and Cigarette License ........ 74, 303 "C" " 1()—Karr, Robert J., Granted Class (Commercial) Beer " & Liqquor License............................................................ C. Area Development 74 10—Kruse, of Dubuque Associa- tion, submitting report on their association ............ 75 " 24—Kortmeyer, Mrs. Leona, settlement of personal injury claim.................................................................................. 80 Mar. 3—Keyway Drive & Foothill Road, four way stop requested Ronald D. Weydert et al 95, 158 " at by ................................ 24—Kluck, M. P. & Sons, Inc., Sidewalk Construction Bondsubmitted................................................................ 121 Apr. 7—Kerper Blvd., Walter Pregler recommending beau- tification of median strip on same ........................127, 155, 583 " 7—Konrardy Sheila, Settlement of personal injury claim dames, drainage 130 " 7—Kisting, relative to problems that exist in Glenwood Court and Creston Street ............ 133 " 14—Koppes, Alan, Notice of personal injuries claim ............ Samantha, Notice 141 " 21—Kelly, Mrs. Wendy and of personal injuryclaim....................................................................156, 210 " 21—Klohn, Father, relative to demolition permit to demol- ish house at 1458 Locust St., for St. John's Episco- palChurch........................................................................ 159 " 21—Klauer, Robert E., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ........ 162, 318 " 21—Knights of Columbus Council #510, Granted Class "C" (Commercial) Beer & Liquor License ........................ 162 " 28—Kramer, Judy A., dismissal of suit filed in District Court.................................................................................. 169 " 28—KDTH, requesting permission to have a fireworks dis- play on July 4, 1975 at Petrakis Park ........................ 170, 176 May 5—Key Knolls Subdivision, Hillcrest Builders requesting vacation of existing storm sewer easement in Lot CBlock 12........................................................................ 192 " 12—Kamm, Chuck, conducting of Council meetings and actions taken at same .................................................... 197 " 19—Kringle, Leo J., requesting to purchase portion of Lot 1 in A. McDaniels Sub. (Arlington Street) ....208, 310, 345, 423 " 19--Kritz, James et al, objecting to issuance of Liquor 213 License to Broken Spur ..........................................•••••• " 19—Knights of Columbus requesting parade on May 31, 1975.................................................................................... 213 June 2 ---Kennedy Mall Merchants Ass'n., proclaiming June 14th Flag Day Salute to the United States Bicentennial 243 " as 2 --Keyway & Keymont, installation of stop signs re- 247 quested by Donna L. Smith ........................................ " 2—Klauer, James J. and Robert D. Granted Cigarette License and Class "C" (Commercial) Beer & Liquor 447 " License.............................................................................250, 2—Kennedy Mall Cinema I & II, Granted Cigarette License 250 " 9 --Kieffer, Francis H., Sidewalk Construction Bond, 253 " submitted.......................................................................... 9—Karigan's Restaurant. Granted Cigarette License ..... 268 " 16—Koeller, Hazel E., Granted Class "C" (Commercial) 294 " Beer & Liquor License ................................................ 23—Karr, Robert J., Granted Cigarette License ............... 303 INDEX—BOOK 105 SUBJECT . ............ 1975 523 " 23—Koeller, Hazel E., Granted Cigarette License ................ 303 303 " 23—Kopple, Harry Granted Cigarette License .................... " Knights of Columbus, Granted Cigarette License ........ "C" 304 23- (Commercial) " 23—Kralnovich, Elizabeth, Granted Class Cigarette License ........ 303, 306 Beer & Liquor License and " 30—Klauer, Don, objecting to sale of optical goods in 310 "Hospital Medical Zone ............................................ " 30—K -Mart, The, Granted Cigarette License ........................ The, Station, Granted Cigarette License 318 318 30—KWIK Texaco tion of Beer -Liquor License ........................................ July 14—Kartman, Louis, requesting to relocate neon sign for the Wink Inn Motel .......... .......... 343, 419 close to street " 21—Kintzinger, Kintzinger, VanEtten, Setter and King, requesting demolition permit for build- Attorneys, ing at 110-114 W. 12th St. ........................................349, 419 Ronald, objecting poor Cable TV Service .. 350 " 21—Kirch, " 21—Keyway Drive, objections to proposal to barricade 353 same ................................. ..................... ......................... " 21—Kiefer, Joseph P., Granted Cigarette License ................ 354 4—Knights of Columbus requesting week of Aug. 18 as City....................................................................................550, Aug. "Mental Handicapped Week" ........................................ 373 " 4—Key City Investment Co., relative to zoning of Yiannias 373 Property on J.F.K. Rd . ................................................ " 4—Kebl Court (A. H. Oeth Subd.) street lights on same.... "C" 418 to 4—Kopp, Gene, Granted Cigarette License and Class (Commercial) Beer & Liquor License ........................425, 628 It 11—Keyway Drive, petition of residents on same, submit- 432 ted by Traffic Committee ............................................ to 11—Kopper-Powers Ford, requesting to hook up to City sewersystem.................................................................... to 11—Kin e, George, appointed to Electrical Board of 434 438 Examiners " 18—Klein Estate requesting demolition of a building at 332 Bluff St.....................................................................440, 450 " 18—Kennedy Mall Merchants requesting a Corvette Show on'Sept. 13, 1975............................................................ 443 Sept. 2—Kunkel, Dave, relative to obtaining sewer in County for residents on Old Mill Road and Manson Road 450 it 8--KKretschmer Tredway, opposing 4th St. Peninsula Area redevelopment................................................................ 464 to 15 --Kean, Mary E.,presenting gift in memory of her brother to Girls Club 475 .................................................... "15—Kelly, Joan, Notice of personal injury claim................478, 494 IV 15—Kopple's Market Inc., Granted Class "C" Beer Permit 489 It29—Keystbne Drive, Sunset Park Ill, Block 6, D.E.Q. ap. proving sanitary and functional features, water main extension for same ................................................ 491 to 29—King, Attorney Michael, relative to Twin Ridge Subd. No. 2.................................................................................. 503 Oct. 7—Kueper, Vince, appointed to Rehabilitation. Housing Commission. ................................................ 523 ......... It 7-Kelly, Charlotte, appointed to Rehabilitation Housing Commission...................................................................... 523 to 13--Kisting, James R.. An Ordinance authorizingsame to construct a chain barricade at 535 Hill St. (No Action taken on Ordinance, agreed to close up curb cut.) .................... ...... ............... ....... 527 " 13—Koeller, Duane, requesting refund on unexpired por- tion of Beer -Liquor License ........................................ 528 " 20—Kaiser, Donald and JoAnn C., Asbury Springs, Ltd., approving the dedication of an area known as "Hill- crest Road" in the plat of same ................................ 548 " 27—Kopper-Powers Ford Inc., requesting annexation to City....................................................................................550, 633 Nov. 3—Kaiser, Donald J., requesting two street lights on Pasadena Dr..................................................................... 568. 578 " 17—Keegan, Mike, of Dubuque Ambassadors presenting Community Awards received from the State of Iowa 583 " 17 King, Mr. of Brice -Petrides Associates relative to pro. posed contract for North-West Arterial ................ 587 INDEX -BOOK 105 1975 SUBJECT Page " 24—Kelly, Francis J., on behalf of Nat'l Guard, requesting ground for construction of new National Guard Armory.............................................................................. 594 Dec. 1—Kano, Mrs. Terry objecting to rezoning for "adult entertainment"................................................................ 603 " 8--Kretschmer, Fred, of 4th St. Peninsula Area, sub- mitting General Development Plan for area ............ 613 " 8—Kasek. Wm., relative to Candle Light Committee re- quest.................................................................................. " "C" 616 8—Kachevas, James, Granted Class (Commercial) Beer do Liquor License and Cigarette License ........304, 619 " 8—Koeperick, Lorrayne A., appointed to Community Development Commission ........................................... 619 " 15—Klauer Optical requesting sale of optical goods on their property at corner of N. Grandview and Delhi and be rezoned to allow same .................................... 623 INDEX—BOOK 105 1975 SUBJECT Page L Jan. 6—Low-Rent Housing Commission submitting minutes of their meetings ..................... ......... ................... ........ 4, 51, 79, 120, 167, 173, 222, 349, 449, 492, 556,592, 634 13—Legion, American Auxiliary, requesting to sell poppies on May 23rd & 24th . ................................................ 20 " 13—Lundh, Councilman requesting status position of Community Development Funds .................... 20 27—Leases for rental office spaces for Dept. of Community Development and Planning & Zoning increased .... 53 " 27—Landfill, pending litigation and purchase price dis- cussed................................................................................ 55, 114 Feb. 3—Loras College, Alpha Phi Omega, requesting to dis- tribute tags to support "Shamrocks for Dystrophy" Drive on March 15, 1975 ................................................ 59 " 3—LAW ENFORCEMENT CENTER BUILDING, (County - City), Certificate of Completion submitted by Urban Renewal............................................................................ 60 " 3—Lucky Stores, Inc., Granted Class "C" Beer Permits (3) 61 " 10—Law Enforcement Center, County Board of Supervisors requesting charge of maintenance of same ................ 65, 131 " 10—"Location and Design Study", School Signal Improve- ment Project under Federal TOPICS Program ........ .......................................................70, 136,188, 230 " 10--LO6AL OPTION TAXATION, Policy statement by the City, supporting the concept of same ........................ 75 " 14—Lobbyist for procurement of monies from State for funding Sewage Treatment Plant held in abeyance; Citizen's task force be appointed ............... .......77, 317, 417 " 24—Leibold, Thomas, Clinton Federal Savings & Loan Assn., requesting rezoning of City Lots 623 & 624. (ELKS Property)........................................................ 87.121, 156 Mar, 10—Lorenz, Matt, relative to "Conflict of Interest" ............ 100 " 10—Loras College Student Senate requesting permission to use fireworks, celebrating annual Dionysia Festival on April 25, 1975 ......................................... ....... 103, 112 " 10—League of Women Voters requesting formal annexa- tion policy for City .................................................... 103 10—Langman, Harold, opposing mini -busses ....I 110 " ................... 10—Long, Charles, requesting possible grant from govern- " " mentfor buses................................................................ 17—Lux, Scott, stockpiling of snow before thaw .................... 110 112 17—Legal Services, requesting financial assistance for " same............................................................................... 17—Lindahl, Barr A. "' Barry , appointed new assistant City At- 113 " torney, effective August 1, 1975 ............................... 115 24—Lenger, Joseph Richard, Granted Class "C" Beer Per- mit........................................................................I.....I....... 123 Apr. " 7—Lorenz, Matt, relative to involvement in Guideline, Inc. 127, 361 " 7—Luras Pool, relative to use for general public ............ 128 7—Leonard Oil Company, Granted Class "C" Beer Permit 137 " 21—Lundh, Councilman requesting consideration for for- mation of a Rehabilitation Housing Commission 159 " .... 21—Lytle, Dr., relative to demolition permit to demolish house at 1458 Locust Street, for St. John's Episco- pal Church ............................................................... I........ 159 May 5—Luras Blvd. & University Ave., included in 1975 As. " 12--Lottalt , H. J., relative to Project tdumping of sewage on their 177 property ..................... 12—Loras-Clarke, requesting homecomin 198 11, 1975 .......................... g parade on Oct. 12—Loras College, Lease agreement with same for "San' 496 Jose Swimming Pool and Handball Courts 202, 207, 480, 500 12--Langas, Phillip T., Granted Class 'B" Beer Permit, and Cigarette License ............. 205 372 19—Library Board, advising of vacancy on same ................ 212, 243 INDEX—BOOK 105 1975 SUBJECT Par 19—Legion, American, Granted Class "C" (Commercial) Beer & Liquor License ....................................218, 242, 296, 338 27—Lucky Stores, Inc.. (4) Granted Cigarette Licenses ........ 239 June 2—Leonard Oil Co., Granted Cigarette License ................ 250 16—Library Board, Providing for the appointment of Board Members .................................................................... 281,321. 427 16 --LAW ENFORCEMENT Telecommunications Plan Un- der a 28E Agreement, City to become a member of the Dubuque County same .......................................... 292 16—Love, Phillip R., Granted Class "C" (Commercial) Beer & Liquor and Cigarette License .................................... 294, 425 23—Lange, Elsie E., suspension of real estate taxes ............ 298 23—Legislators, appreciation and gratitude for matching funds received to complete sewage treatment sys- tem.................................................................................... 298, 317 23—Lonas' Inc.. Granted Cigarette License ........................ 304 23—Lange, James, Granted Cigarette License ........................ 304 23—Lenstra, Thelma, Granted Cigarette License ................ 304 30—Legion, American, Granted Cigarette License ................ 318 30—Loras College, Granted Cigarette License ................ 318 30—Love, Kenneth Jerome, Granted Class "C" (Commer- citl) Beer & Liquor License and Cigarette License 268, 320 July 7—Lundh, Councilman, appointed Mayor Pro -Tem ........ 323 7—Ucciardi, Frank, 11th Street Neighborhood Assn., relative to Community Development Program .... 326, 344 28—Lehmann. Bob, relative to RV section of Proposed Zoning Ordinance ............................................................ 360 28—League of Women Voters by Betty Sacco supporting proposed Zoning Ordinance ........................................ 360 Aug. 4—Low-Rent Housing Commission, appointments made to same.................................................................................. 427 11—Lorenz, Director of Human Rights requesting amend- ment repealing Section 303 of the Human Rights Ordinance to include judicial review ........................ 432 11—Library Board, appointments made same ........................ 438 18—Lottery, City, consideration to finance Wisconsin Bridge presented by State Representative Tom Gil - loon.................................................................................... 447 Sept. 2—Leases on property and land, City Manager to have same indexed to reflect a cost of living increase 453 8—Lock & Dam #26 on the Mississippi River at Alton, Illinois, supporting the renovation of same ............ 468 8—Lori Street extension, Louis J. Jaeger requesting in- stallation of two street lights on same located in Cherry Valley Sub . ........................................................ 470. 476 15—Lahey, Gerarda. Notice of Car Damage Claim ............ 495 Oct. 7—Lease & Agreement. Dubuque Disposal Co., requesting to renew same for property at 14th & Elm Streets 515 13—Lease, proposed, between Dock Commission and the Dubuque Barge & Fleeting Service Company ....524, 558 20—Little Maquoketa River and Catfish Creek, applica- tion of City & County for a flood plain information study along same, approved by Natinonal Resources 536 27—League of Iowa Municipalities advising if City wishes to host 1976 League Convention, submittal before Nov. 5, 1975 .................................................................... 555 Nov. 3—Lucas, Michael J., Jr. Granted Class ,cl, (Commercial) Beer & Liquor License and Cigarette License ........ 304, 574 10—Lammer, Ben, relative to rezoning at 1660 & 1690 578, 622 AsburyRd . ........................................................................ 17—League of Women Voters stressing need for adoption of a formal annexation policy .................................... 584 17—Lucky Stores, Inc., Granted Class "C" Beer Permit 588 Dec. 8—Ludowitz, Daniel L., appointed to Community Develop- mentCommission ............................................................ 619 15—LEASE, proposed five year. between Dock Commission and Dubuque County Conservation Society sub- mitted................................................................................ 15—Lundh, Councilman requesting update on Section 8 621, (W Housing Assistance Plan ................................................ 622 INDEX—BOOK 105 A75 SUBJECT Page " 15—Lions Club requesting to conduct parade on June 5, 1976................................................................................ 623 15—Legan, Donald R., requesting annexation of land in Beverly Pines in Table Md. Twp. 624 22—Law Enforcement Employees, establishing and declar- ing work period of same ................................................ 639 " 22—Luras College, granted Class "B" Beer Permit ............ 641 INDEX -BOOK 105 1975 SUBJECT Page 7-1 Jan. 6 -Morrison Bros. Co., objecting to future paving in the East 7th Street area by assessment ............................ 4 " 6 -Meyer, Leroy L. (Roy), denial of claim ............................ 5 " 6 -Meadow Wood Drive, Richard Construction Co, re- questing to install boulevard type lights on same.... 6, 15 " 13 -Monis, Mr. & Mrs. Robert L., regarding lighting of a church parking lot in the Knob Bill Sub, area ........ 16 " 13-Muscoso, Luis, objecting to method used on removal ofhis dog........................................................................ 17 " 14 -Memoranda of Agreements, City Manager to execute same with various employee group organizations 24, 90 " 14 -Medical Associates Building and parking lot. Council to meet to review potential of both 25, 141, 149, 280, 320, 344 " 20 -My -Cap Vendor's property at 32nd Street, reclassifica- tion of same....................................................42 53, " 20 -"Morocco, Jungwirth's," as a single family residence 44, 84 district............................................................................. 44, 86 " 20 -Marti, Philip G., requesting to purchase Lot 153 in LennoxAddition............................................................ 45 " 27-Marting, Mrs, Mary Lee, objecting to massage parlors 52, 78 Feb. 10-Meuser, Leo J., County Democrat Central Committee requesting tribute to same for 36 years of public service............................................................................65, 87, 91 " 10-Mettel-Byrne Addn., final plat of Blocks 11, 12 & 13, approved............................................................................ 71 " 24 -Mayor's Industrial Committee submitting modification of recommendation concerning option with Ther- molyne Corporation................................................78, 97, 134 " 24 -Montgomery, Rose Marie, on behalf of G.A.I.N., Girl's Center, requesting financial support for same 79,119, 125 " 24 -Mini -Programs, John Grau, relative to same and plan ofaction............................................................................ " 24 -Meier, David L., Notice of Car Impounding Claim ........ 79 81, 175 " 24 --Murphy, Joan: requesting refund on unexpired portion of Beer- Liquor License ................................................ 87 Mar. 3 -Meyer, Dennis, requesting to conduct a Pony Express 94 Ride.................................................................................... " 3-Mettel Realty & Investment Com., requesting to install street lighting in Hillcrest Road and Admiral Street 95, 101 " 10 -Meeker, Fred & Ardith, objecting to possible tax raise of properties they own in the City . ........................... " 10-Milbrandt, Paul, objecting to street diverters on 99 Washington Street........................................................ " 10-Macker, Mrs. Mary L., objecting to possible removal 99, 119 of busses in summertime ............................................ 100 " 10--Manternach Development Co., reclassification of portion of land in Terrace Heights Mobile Home Park ....102, 132 " 17 Merger of Park Board & Recreation Department re- quested ............................................111, 128, 244, 297, " Mrs. Mary L., objecting to removal of busses 341, 443 24-Macker, 118 insummertime................................................................ Apr, 7 -Mercy Medical Center, FAA advising of a proposed 129, 168 heliport for same............................................................ " Dimes requesting permission to conduct a 7 -March of Walkathon on April 12, 1975 ........................................ 14 -Mayor's Industrial Committee recommending relief 133 of conditions of T. Robert Ibinger property on In- 139 dustrialPark.................................................................... " 14 --Medical Associate new facility, relative to the sale of optical items and equipment at or dispensing 140 209, 222, 255, 310 same " 14 -Medical Associates Building, possible site for housing 141, 149, 280, 344 City Government .......................................... . " 14- Moldenhauer, Karen, relative to beautification ............ 142 142 " 14 -?Mercy Hospital, relative to beautification ........................ Joseph, Granted Cigarette Li - " 14-Manternach, Thomas Cense and Granted Class "C" Beer Permit ....147, 304 " 21 -Metropolitan Area Solid Waste Agency created ........ 149, 625 Ir INDEX—BOOK 105 1975 SUBJECT " 21—Meyers, Donald C., appointed as member of Metro- politan Area Solid Waste Agency ................. " 21 Mutual Bonding 15C --Merchants Co., submitting their Cer- tificate of Authority to transact its appropriate business of Fidelity & Surety Insurance .................... " 154 21—Miller, Mary A., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License .... " 162, 295 21—Milbrandt, T. Paul, appointed to Advisory Commission " 163 25 --Moeller, Joyce L., Granted Class "C" (Commercial) Beer & Liquor License ................................................ " 28—MERGER, City -County Health Deprtmrerts 165 submitted on same ...................................................167, 297, 340 " 28 --Mond, Robert L., appointed to Heating, Ventilating, Air -Conditioning and Refrigeration Board............ " 28—Mills, Richard D. eta], inquiry why no sidewalk on east 168 of White Street adjoining Eimer's Florist in the 2800 Block ............................................ " 28—Miller, Harold, represented by Herbert J. Bisping, re- 170 questing reclassification of Lot 10 of Block 3 in Mettel-Link Subd . .................................................... 170, 223, 298 May 5—Mason, Bill, relative to sports programming deletion byFCC............................................................. . " 5—Mihalakis, Phillip, Sidewalk Construction Bond sub- mitted.............................. .................... 5—Mt. Carmel Rd., included in 1975 Asphalt Paving Proj- ectNo. 1 ..................................... 175 " 5—Marco. Inc., Granted Class (Commercial) Beer & I,iquoi• License 177 „ ............. 12—Moron, James, Sidewalk Construction Bo....•........ nd submltted " 12—Miller, Frank, relative to survey of 95 198 citizens' attitudes and priorities .......................... ......... " 12—Memorial Day Committee • to conduct a ade on May 26th requesting to conduct a par- 199 ..............l " 12—Moeller, Joyce L., Granted Cigarette License 200 ........... 19—Meyers, William 1'. & Laura J., Notice of "' Personal in- 203 juries claim " 19—Madison Park, requesting blackto PPing under basket- ball net .......... " 19—Municipal Airport re uestin • approval O • for share funds 212 of 3" of costa of constructing As halt Mat on North-South Runway " ..... 19—Marshall, Jackson Al. Offering real estate to city to 213' " aT.(MA 236 27--MurphynPark,own .......... 215, 444 Edmon Edmonds recommending closing closing of „ Grandview Ave, of same ................... 27—Manthey, Lila et ••••••..................• objecting to improvement 221 Street on Paul „ ................ . 27—Mold, Bob, approving of paving of Rockdaie 6ut 225 Rd., requesting that truck traffic be prohibited ..............•, June 2—Monahan. Kerry L., Notice of car damage claim 2—Merchants 225 ... Hotel, Granted 'Cigarette License ..... 2—Meyer, Herman .J., Granted Cigarette 248 250 License 2—Meyer, Kermit, Granted Cigarette License " 2 --Miracle Car Wash 250 Inc., Granted Cigarette License ........ " 2—Miller Neil Inc., Granted Cigarette License 16—Municipal Airport 250 250 report for year 1974 submitted „•,,,.250 " 16—Mazurek, Mr. & Mrs. Edward, 276 authorizin construct a picket fence, (NOT El•F ng same TO NON-ACCEPTANCE TVE UE „ OWNERS.) OF CONDIT .................. 16—MonOt gmer ......................... .......... Y Ward Retail Store, Granted Cigarette License 283 " ..,, 23—Madison Park steps,• BiCentennial Pro'ect .............."'.' " 23—Mihm, Bernard 295 W• 23—Mescher, Vincent W suspension of real estate taxes 430, 23—Mihalakis, Cigarette 537 298 Shirley,ranted License ........ 23—Morett, Merlin, Ganted ted Cigarette License 23 Cigarette "' " 304 304 --Mr. License „ Steak, Granted Cigarette Lace License 23 --Meyer, Catherine M. 304 Granted Cigarette Class '•B" Beer Permit License and 304 ...................304, 305 INDEX—BOOK 105 1975-- SUBJECT Page It 30—Meriwether, J. Bruce, relative to 1975.76 Chamber Programof Work ........................................................ 308 " 30—Miller, Delbert, et al, additional street lighting for Westmore Drive............................................................314, 323 " 30—Moldt Electric Service, awarded contract for the Grandview Ave. & Highway No. 20 Traffic Signals 315 " 30—Mississippi Valley Truck Center, Granted Cigarette License.............................................................................. 318 " 30—Moeller, Joyce L., Granted Cigarette License ................ 318 " 30—Meitl, Cyril N., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ........ 3-18, 320 " 30—Myers, Russell E., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ........318, 320 July 7—Mayor Pro -Tem, Councilman Lundh appointed same 323 7—Most. Rev. Wm. G., consider further rebate from Cable for showing off nude dancer on same .................... 324 " 7—Mason, Wm., reasons for poor reception on Cable TV...................................................................................... 324 " 7—Min-ASAP, resolution to continue participation in same..................................................................................335, 336 " 7 Mihalakis, John, Granted Cigarette License and Com- mercial "C" Beer & Liquor License ............................ 327, 512 " 14—Moldt Electric Service. Inc., awarded contract for con- struction of University Avenue Pedestrian Cross- walk.................................................................................... 344 " 21—Meyers, Donald R., appointed to serve the unexpired Council term of Allan T. Thoms ......................... .. 349 " 28—Meyers, Donald R., submitting resignation as member of the Low -Rent Housing Commission .................... 357 " 28—Marihart, Earl, relative to RV section of Proposed Zoning Ordinance ........................................................ 360 Aug. 4—Mental Handicapped Week, declared for August 18th 373 " 4—Miller. Frank E. and Delbert G., requesting vacation of portion of Daniels Street from west line of Bies Drive to east line of Sylvan Drive ............................421, 452 " 4—Manahl, Denny, Granted Cigarette License .................... 425 " 4—Moldenhauer, Kerin, appointed to Advisory Commission 427 " 18—MTV Appliance Co, relative to subsidizing Key Line 441 Sept. 2 --Miller, Ray, relative to obtaining sewer in County for residents of Old Mill Road and Manson Road .... 450 " 2—Maple Street, limited parking on West Side of same from East 17th Street to 18th Street ........................ 455 " 8—Mississippi Valley Truck Center opposing 4th St. Peninsula Area redevelopment .................................... 464 " 8 --Morrison Bros., opposing 4th St. Peninsula Area re- development................................................................... 464 " 8—Moldenhauer, Wayne, relative to 4th St, redevelop- ment......................... ...................................................... 465 " 15—Mayor of North Tonawanda, New York, complimenting behavior of Drum & Bugle Corps while visiting theircity........................................................................... " 15 --Metropolitan Solid Waste Agency, submitting minutes 475 of their meetings ....................................................476, 578, 583 " 29—Miller, Joyce Ann and Carol Ann, Notice of personal injuriesclaim.................................................................... " 29—Mueller, Raymond M., developer of "Twin Ridge Subd. 495, 557 No. 2" plat approved .................................................... 505 Oct. 7—Meloy, Mike appointed to Rehabilitation Housing Com- mission.............................................................................. 523 " 13—Moody, Shirley, relative to painting Julien Dubuque Bridge............................................................................ 525 " 20—Moss, Edna L., in favor of tri -color bridge .................... 536 " 20—Motor Vehicles, An Ordinance prohibiting the driving, the Earth- parking or storing of same in, on or over en Dikes of the Dubuque Floodwall ........................ 539 " 20—Murphy, Orville P., Granted Class "C" (Commercial) Beer & Liquor License ................................................ 550 INDEX—BOOK 105 SUBJECT Page 1975 _,.._— -- -- Nov. 3—Moldenhauer, Dr. Wayne, invocation given by same to illegal activity in alley 565 3---Marshall, William, relative 568 593 east of 990 Althauser......................................... ub.ic a model "Public 3--Marting, Mrs. Mary Lee, submitting 568 Nuisance Ordinance" ................................................... " 3---Moldenhauer, Dr. Wayne relative to Public Nuisance 568 Ordinance............................................... ......................... " fl- 10—Meyers, Donald R., resigning position of City Coune 577 man.................................................................................... " 10--Murphy, Orville 0., Granted Cigarette License ............ Sidewalk construction bond sub- 581 " 24—Miller, Delbert G., 590 mitted...................................................................... Dec. 1—Mortenson, Mrs. Audrey, invocation given by same .... E. to protruding manhole and 603 " 1--Molo, Robert objecting failure to erect truck traffic signs ............................ 604 " 1—Miller, Dean, appointed to Human Rights Commission Granted Class "C" (Commercial) 612 " 8--Mihalakis, Shirley, 619 Beer do Liquor License " 8—MacNider, William, appointed to Community Devel- opment Commissif)n........................................................ " 15--Montgomery, Rose Marie requesting appointment to 619 629 Community Development Commission ....................623, 15—March of Dimes requesting to conduct its annual Mother's Day March during month of .January, 1976 623 22—Moldenhauer, Wayne A. relative to proposed five year lease between Dock Commission and Dubuque 63:3 County Conservation Society........................................ 22---Mettel-Byrne Addn, final plat forBJocks 16 & 17 ap- proved637 ................................................................................ INDEX—BOOK 105 1975 SUBJECT Page Mc Feb. 10 --McCarthy, Leo, Atty., submitting proposals for Tele- prompter Cable TV, if rate increase is granted 64, 77, 81 Apr. 7—McDermott, Ronald, relative to drainage problems that exist in Glenwood Court & Creston Street ................ 133 " 7—McSperrin, Melvin B. and Richard N. Stecklein, Grant- ed Class "C" (Commercial) Beer & Liquor License and granted Cigarette License .................................... 138, 318 " 21—McGrath, Steven, appointed to Advisory Commission 164 June 9—McDonald, A. Y., Granted Cigarette License .................... 268 " 30—McCallister, Wilson, on behalf of Gibson, objecting to sale of optical goods in "Hospital Medical Zone" 310 " 30—McMullin, Norman, Appointed to Library Board ............ 321 July 14—McTague, Kevin L., passing Civil Service tests for Police Department ........................................................ 340 " 21 --McCoy, Judy, relative to Affirmative Action Program 350 Aug. 18—Mccullough, Ed, new manager for Teleprompter CableTV............................................................................ 447 Dec. 8—McEllhiney, William, appointed to Dock Board ........ 619 " 15--McAleece Recreation Proposal and flood wall monu- ment proposed, Sharon Lee Dull presenting report onsame............................................................................ 623 INDEX—BOOK 1,05 _ SUBJECT-- -- IW 1076 --------------'_. Ave..................................................................................... 421 Feb. 3—National Outstanding Young Farmer Congress for 59 1976, Jaycees bidding for same ................ . Ruth, reference to Interim Ordinance, as to 450 10—Nash, of demolition of buildings ............ 06 waiting period " 24 --.Natural Resources Council, advising of presentation flooding 441 of reports on past and possible future 78 along Mississippi River ............................................... " 24—Neighborhoods, Council of Organized, recommending Block Grant Funds be used for rehabilitation of 79, 125 .. . neighborhoods .................................................... . + 24 --North Dubuque Improvement Association, by Dick 475 Vorwald. reference to Block Grant Program, re- 79, 125 habilitation of neighborhoods............... ............•• . 0 24--Neustadt, Harry, relative to beautification ................... 122, 496 Apr. 7—Ney, Raymond, Granted Class "C" (Commercial) Beer & Liquor License and granted Cigarette License.... 138, "Re- 268 " 14—Noon Optimist Club, proclaim May 1 to 7 as 14l spect for Law Week" ................................................... " 14—Neuwohner, Russ, representing Jaycees, relative to renovating Washington Park ........................................ 143 " 14—North-West Arterial roadway, proposed, Brice, Petrides & Associates of Waterloo to be consultants for 145, 146, 587, 596 ............................................ study of same................................................ 21—National Cancer Day proclaimed for September 8, 1975 154 " 21—Naughton, Dennis, relative to Bicentennial Committee 159 " 25—"No Smoking on City Busses," Ordinance to be 175, 211 drawnup....................................................................164, " 28—Niensteadt, Charles, Notice of personal property dam ageclaim.......................................................................... 168, 211 May 5—Ninth Street and University Ave, Intersection, in- 178 cluded in 1975 Asphalt Paving Project No. 1............ " 12 --Northwestern Bell requesting to push four inch pipe under Highway #20 east of Division St. and WackerDr......................................................................... 200 " 27—Nash Finch Co., Granted Cigarette License ................ 239 June 9—National Tea Co., Granted Cigarette License ................ 268 " 16—'NTew Mellerey Abbey, offering facilities to hold Council meetings............................................................................ 278 " 16—Nemmers, Kay J., Granted Cigarette License ............ 295 " 16—Norton, James L., Granted Cigarette License ............ 295 " 23—National Resources Council, withdrawn from same proposed............................................................................ 297 " 23—Ney, Albert J., Granted Cigarette License .................... 304 " 23—Nachtman Tire Co., Granted Cigarette License ............ 304 " 23—Nesteby, Charles, Granted Cigarette License ............ 304 " 23—Ney, Albert & Dolores Roeth, Granted Class "C" (Com- mercial) Beer & Liquor License .................................... 306 " 30—North Dubuque Industrial River Front Concept, Bob Dorothy relative to same ................................................ 309 July 14—Nebel, Roger & Carol Ann, Notice for personal prop- ertydamage.................................................................... 342 Aug. 4—Northwestern Bell, to excavate at 21st St. & Central Ave..................................................................................... 421 " 18—Naughton, Dennis, relative to Klein Estate requesting demolition of a building at 332 Bluff Street ............440, 450 " 18—N.W. Bell Telephone Co-, Notice of Claim for truck damage.............................................................................. 441 Sept. 8—Norman, Wayne, supporting 4th Street Peninsula Plan 467 " 15—North Tonawanda, New York, Mayor complimenting Drum & Bugle Corps on their behavior while visit- ingtheir City.................................................................. 475 " 29—Nicks, Jeffrey J., Notice of personal injury claim .... 495 " 29—National Tea Company, Granted Class "C" Beer Permit 511 INDEX—BOOK 105 1975 SUBJECT PAP Oct. 7—Nash Finch Company Granted Class "C" Beer Permit 520 " 13—Nabors Drug, granted Class "C" Beer Permit .............. 532 " 20—National Resources Council approving applieetinn of City A County for flood plain information study along Catfish Creek and Little Maquoketa River 536 " 20—National League of Cities, Councilman Stackis dele- gated as voting representative for City at Annual Congress of Cities............................................... . 537, 621 " 27—Neighborhood Organizations, recognition of name for membership on the Community DevelopmInt Com- mission.............................................................................. 559 " 27—North Dubuque Improvement Assc., membership on the Community Development Commission .............. 559 " 27—Nemmers, Kay Janet, Granted Class "C" Beer Permit 562 Nov. 10—,Northeast Iowa River Basin, Water Quality Manage- ment Division advising of public hearing on same 579, 590, 621 " 24—National Guard requesting ground for construcxion of newArmory................................................................... 594 Dec. 8—Nugent, Betty, appointed to Community Development Commission...................................................................... 619 " 15—Neuwoehuer, Russel, appointed to Community Devel- opment Commission...................................................... " Improvement Ass'n. 629 22—North Dubuque Inc. requesting hearing on proposed extension of Central -White one-way couple., also proposed repaving in leek - sonSt............................................................................... 637 Ir INDEX—BOOK 105 SUBJECT 1975-- —-------- Page O Jan. 6—O'Connorand Comand Sewage ubuFacilities ue to ufoir UtilitBrooy, Parking fiscal of January 1, 1974 through December year 31, 1974 ........................ .............................. ..........I........... It 13—Ordinance No. 1.75 Vacating a portion of Avoca St. 2 located west of west property line of the east 28' of the west 50' of the west 100' of Lot 2 of Mineral 17 Lot 179, to Harold B. & Dorothy Demkier ................ 9113—Ordinance No. 2.75 Approving of fee schedule when- as often as any corporation shall request ever and the City to finance any project by the issuance 19 of Industrial Revenue Bonds ........................................ It 14—Operating Engineers, by Mr. William Sweeney, stat- ing union contract was ratified conditionally and they would honor rejection of contract .................... 25 " 20—Ordinance No. 3.75 An Ordinance revising and re- establishing a Building Code for the City of Du- buque, Iowa, creating the office of Building Offi- alteration, re- cial, regulating the construction, construction, removal, maintenance, use, equip- ment 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 .................................. 26, 351 " 20—Ordinance No. 4-75 An Ordinance amending Ordi- nance No. 59.70, commonly known as "The Fire Prevention Code for the City of Dubuque, Iowa: by repealing Section 1 thereof and enacting a new section 1 in lieu thereof to provide that the City Council adopt the Fire Prevention Code recom- mended by the Western Fire Chiefs Association and the International Conference of Building Of- ficials being particularly the 1973 Edition thereof 37 " 20—Ordinance No. 5-75 An Ordinance Creating and Es- tablishing 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 withinsuch limits.......................................................... 37 " 20—Ordinance No. 6-75 An Ordinance regulating the erect. ing, maintaining, repairing, servicing, installing, altering and inspection of signs within the City of Dubuque, Iowa; and providing for fees for such in. spection and providing for licensing of contractors, bonding for signs and penalties for violation of said Ordinance................................................................ 38 " 20—Ordinance No. 9-75 An Ordinance amending Ordinance No. 3-34, known as the 'Zoning Ordinance and Zon. ing Map of the City of Dubuque, Iowa," by amend- ing Article IV, Section 2, Subsection W thereof to include certain real estate to permit off-street Parking. (My -Cap property at 32nd St.) .................... 42, 84 " 20—Ordinance No. 10-75 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 certain property hereinafter described from Multiple Residence District" classification to "Local Business 'A' Dis- trict" Classification. (Annie Waller's Subd., Table Mound Park Inc............................................................. 43, 85 " 20—Ordinance No. 11.75 An Ordinance amending and chanes g Ordinance No. 3.34, known as "The Zon. ing Ordinance and Zoning Map of the City of Du- buque, Iowa,", so as to include certain hereinafter described property, recently annexed to the City of Dubuque, Iowa, in the "Single Family Residence District" Classification. (Jungwirth's Morocco) .... 44, 86 INDEX—BOOK_ 105 1975 SUBJECT Page Feb Mar 20—An Ordinance amending and changing Ordinance No. 3.34, known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa: by repealing off-street parking as a supplementary use within the multiples residence district as provided by Sub- section (i) of Section 2 of Article 1V, and by add- ing a new Subsection (n) of Section I of Article II in lieu thereof to permit parking lots in the single family residence district as a special exception upon authorization by the Board of Adjustment. NOT ADOPTED (My -Cap Vendor, 32nd St.) .......... 27—Ordinance No. 7-75 An Interim Ordinance authorizing a ninety (90) day waiting period prior to the issu- ance of a demolition permit for any building lo- cated within the Fourth Street Neighborhood, Fen- elon Place Neighborhood, Third Street Neighbor- hood, Washington Street Neighborhood, Jackson Park Neighborhood, West Eleventh Street Neigh- borhood and Broadway Street Neighborhood. (The Heritage of Dubuque) .................................................. 24—Ordinance No. 8-75 Ordinance amending Ordinance No. 25-63 by repealing Section 9 thereof and en- acting a new Section 9 in lieu thereof to pro- vide for Fixing and Establishing Rates and fees to be charged by Teleprompter Cable TV for Regular Subscribers and Subscribers aged 65 years and older, and enacting a new Sec- tion 26, a new Section 27, and a new Section 28 thereto to provide for Rebate in event of interrup- tion of service, to Provide for systems of Measure- ment Tests, and to Provide for Amount to be paid by Company for Local Access Programming, re- spectively-, and repealing Ordinance No. 43.67. (Cable TV increase)................................................82, 24—Operating Engineers, International Union of, relative to Casual Day Proposal ................................................ 24—Oky Doky X11, Thompson's Food Markets, Inc., Granted Class "C" Beer Permit ................................ 3—Ozark Air Lines, application to extend embargo be- yond expiration date of February 28, 1975, rela- tive to carriage of hazardous materials .................... 10—Ordinance No. 12-75 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 certain property from "Multiple Residence DIstrict" Classification to "Local Business 'B' District" Classification. (Man- ternach Development Co.—Terrace Heights Mobile HomePark).................................................................... 24—Ordinance No. 13-75 An Ordinance amending and changing Ordinance No. 3.34, known as "The Zon- ing Ordinance and 'IZoning Map of the City of Du- buque, Iowa, so as to change City Lot 623 and City Lot 624 in the City of Dubuque, Iowa, from "Multiple Residence District" Classification to "Business District" Classification (ELKS PROPER - 44, 85 52, 66 435, 447 89, 135 90 93 102, 132 TY)....................................................................................121, 156 Apr. 14—Optical items, sale or dispensing of same and equip- ment at the Medical Associates new facility .......... ......................................................................................222, 21—Ordinance No. 14-75 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Sub. section 22 to Section B of Schedule III thereof to provide that Northbound and Southbound vehicles on Keyway Drive must stop before entering the intersection of Hillcrest Road .................................... 28-0'Dowd, Patrick T., Sidewalk Construction Bond sub- mitted................................................................................ 140, 209, 255, 310 158 168 INDEX-BOOK 105 ------------- - 197;3 _ _ SUBJECT_ --._-- May 5—Ordinance No. 15.75 An Ordinance amending Ordi- nance No. 36.55 by enacting a new Subsection E to Section 1 thereof to prohibit smoking in buses, and in any other motor vehicles hauling farepaying pas- engers operated by the Dubuque Transit Authority. City of Dubuque, Iowa " 12—Oft Enterprises Inc., Notice of truck damage claim ...... " 27—Ordinance No. 25.75 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," by amending Article IV, Section 2(h) thereof to include "Lot 10 of Block 3 of Mettel. Link Subdivision," in which professional offices or studios of a Physician, Dentist, Architect, En- gineer, Lawyer, Realtor, Insurance. Musician. or similar professions may be permitted (MILLER PROPERTY).................................................................... " 27-0'Meara, Robert, in favor of paving Rockdale Rd., re- questing thru traffic be prohibited ............................ Page 175, 211 199 223, 299 June 2—Oeth Court, block off same for June 6th ........................ " 2 --Ordinance No. 16.75 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa,' as amended by adding a new Subsection III to Schedule VI thereof to prohibit the parking of motor vehicles on the East side of Rockdale Road from Mar Jo Road to Fox Drive ...... " "'Neill, William, Granted Cigarette License and Class C Commercial Beer & Liquor License ........................ 2--Otting. Eugene, Granted Cigarette License .................. " 9—Ordinance "ALTERNATE A" An Ordinance amending Ordinance No. 3-34, as amended by Ordinance No. 10-73, and known as "The Zoning Ordinance of the City of Dubuque, Iowa, by amending Section 2 of Article IV -A thereof, known as the "Hospital -Med- ical District," so as to include the dispensing of Optical Goods by prescription as an accessory use within Office Buildings in said District (Medical Ass'n) (NOT ADOPTED) ......................................255, " 9—Ordinance No. 26.75 An Ordinance amending Ordi- nance No. 3.34, as amended by Ordinance No. 10- 73, and known as "The Zoning Ordinance of the City of Dubuque, Iowa," by repealing Section 2 of Article 1V -A thereof, and by adopting a new Sec- tion 2 of Article IV -A so as to include the sale of Optical Goods as a use permitted by Special Ex. ception with the "Hospital -Medical District" (Med. icalAss'n)........................................................................ " 9—Ordinance No. 17.75 An Ordinance adopting a Charter for the City of Dubuque, Iowa, embodying the ex. isting form of government on July 1, 1975 .............. " 9—Ordinance No. 18-75 An Ordinance amending Ordi. nance No. 4.33 being Ordinance requiring certain business and vocations conducted in the City of Dubuque, Iowa, to be licensed by repealing the provisions thereof relating to Theaters and enact• ing a new provision relating to Theaters in lieu thereof............................................................................. Is 9—Ordinance No. 27-75 An Ordinance amending the Budget as approved by Ordinances No. 1.74 anc 226 244 246 250, 490 250 310, 311 235, 311 256 256 No. 38.74.......................................................................... 258, 313 " 9—Ordinance No. 19-75 Ordinance appointing Transit Au- thority in and for the City of Dubuque, Iowa, and granting the powers and Fixing the Duties of said Agency............................................................................. 259 " 16—Ordinance No. 20-75 An Ordinance establishing Air- port Commission of the City of Dubuque, Iowa, fixing the powers and duties of said commission 280 16—Ordinance No. 21-75 An Ordinance amending Ordi- nance No. 25 by repealing Section 1 thereof and enacting a new Section 1 in lieu thereof to provide INDEX—BOOK 105 1975 _ SUBJECT____ Page for the appointment of the Board Members of the Carnegie -Stout Free Public Library and estab. lishing the Eligible Age of said Board Members .... 281 " 16—Ordinance No. 22.75 An Ordinance amending Ordi- nance No. 3349 known as "The Traffic Code of Dubuque, Iowa," as amended by repealing Section 85 of Schedule VI and enacting a new Section 85 to Schedule VI in lieu thereof to prohibit the parking of Motor Vehicles on both sides of East Fifteenth Street from Sycamore Street to a point 950 feet eastwardly........................................................ 283 " 16—Ordinance No. 23-75 An Ordinance authorizing Mr. & Mrs. Edward Mazurek to construct a picket fence. (NOT EFFECTIVE DUE TO NON-ACCEPTANCE OF CONDITIONS BY PROPERTY OWNERS) .......... 283 " 16—Ordinance No. 24-75 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section A of Schedule II thereof and enacting a new Sec- tion A of Schedule II in lieu thereof to provide that drivers of vehicles shall stop at every intersec- tion before entering Jackson Street which is desig- nated as a through street from the North property line of East 12th Street to the South Property Line of East 24th Street and from the North Property Line of East 24th Street to the North Property Line of East 32nd Street .............................................. 284 " 23—Ogaard, Robert G. & Gertrude S., suspension of real estate taxes...................................................................... 298 " 23—OSCO Drug, Inc., Granted Cigarette License and Class CBeer permit.......................................».......................304, 618 " 23—Otting, Eugene A., Granted Class "C" (Commercial) Beer & Liquor License .................................................. 306 " 30—O'Connor, Francis, for Finley Hospital, in favor of hospitals being permitted to sell optical goods andsupplies.................................................................... 310 " 30—O'Hara, Richard, Granted Cigarette License .................. 318 " 30—Ogen, Coletta A., Granted Cigarette License and Class C Commercial Beer & Liquor License ................318, 512, 611 " 30—O'Hara, John P., Granted Cigarette License .................. 318 " 30—O'Neill, Terry, appointed to Advisory Commission ...... 321 July 7—Ordinance No. 28.75 An Ordinance amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing Subsection 6.2.6 of Section 6.2 of Parking Meter District B thereof removing both sides of First Street between Main and Locust Streets from said Parking Meter District and enacting a new Sub- section 6.1.12 to Section 6.1 of Parking Meter Dis- trict A to limit parking to 60 minutes at any one time on First Street, both sides between Main St. andLocust St................................................................. 326 " 7—Ordinance No. 32-75 An Ordinance establishing Com- prehensive Zoning for the City of Dubuque, Iowa, and providing for the Administration, Enforce- ment and Amendment thereof, in accordance with the provisions of Chapter 414, Code of Iowa 1975, and for the repeal of all Ordinances in conflict herewith ........................313, 338, 357, 359, 361, 373, 374.417 " 14—Ordinance No. 29-75 An Ordinance amending Ordi- nance No. 3349 known as the "Traffic Code of Du- buque, Iowa" as amended by adding a new Subsec- tion 28 to Section A of Schedule III thereof and by adding a new Subsection 23 to Section B of Schedule III thereof to provide that Eastbound and Westbound Vehicles on East Twenty-fourLh Street must stop before entering the intersection of Jack- son Street and that Northbound and Southbound Vehicles on Jackson Street must stop before enter- ing the intersection of East twenty-fourth Street, respectively...................................................................... 343 INDEX—BOOK 105 1975 SUBJECT Pav 21—Ordinance No. 30-75 An Ordinance amending Ordi nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 16.9 thereof and by enacting a new Sertion 16.9 in lieu thereof, PROHIBITING THE PARKING OF MOTOR VEHICLES IN BUS STOPS ......................... 21—Ordinance No. 31.75 An Ordinance providing for the installation, location and protection of Swimming Pools in the City of Dubuque, Iowa, and requiring a Plan, Permit and providing for Permit Fees, and providing for Penalties for violations thereof ........ Aug. 4—Oeth, A.H. Subd., City Mgr. recommending street lights on Kehl Court ...................................................... 4—Ordinance No. 33.75 An Ordinance authorizing Louis Kartman to construct one Motel Sign on a Single Post(Wink-Inn).............................................................. 11—Ordinance No. 3475 An Ordinance repealing Section 303 of Ordinance No. 61.71 known as "Dubuque Human Rights Ordinance" and enacting a new Sec- tion 303 in lieu thereof to provide for Judicial Re. view Enforcement .............................................. " 11—Ordinance No. 35.75 An Ordinance amending Ordi- nance No. 37.65 known as the "Street Parking Meter Ordinance of Dubuque, Iowa" by repealing subsection 6.2.9 of Section 6.2 Parking Meter Dis. trict B thereof and enacting a new Subsection 6.2.9 to Section 6.2 of Parking Meter District B in lieu thereof to limit parking to 120 Minutes at anv time time on Fourth St., both sides, between White St. and Central Ave. and South side between Central Ave. and Iowa St. and both sides between Iowa St. and Locust St ................................. . 18—Ordinance No. 36-75 An Ordinance amending Ordi- nance No. 19.75 by enacting a new Section 11 thereto to provide that the Transit Authority shall be required to have at least one official meeting eachmonth .............................. ........................................ Sept. 2—Ordinance No. 37-75 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Du. buque, Iowa" as amended by repealing Subsection 14 of Section A of Schedule 1V thereof and enact- ing a new Subsection 14 of Section A of Schedule IV in lieu thereof to limit parking of motor vehi- cles on West side of Maple Street from East 17th Street " t 2—Ordinance No.a38.75t Vaca t g a certain alley in the Downtown Urban Renewal Project Area .. Connor, Atty. Francis, representing 4th St. pro erty owners, opposing redevelopment of area ..... 8—Ordinance No. 39.75 Vacating a portion of Windsor Extension (Sister of St. Francis) ................................ " 15-- )rdinance No. 40-75 An Ordinance amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa," as amended, by adding a new Subsection 29 of Section A of Schedule III thereof to provide that eastbound and westbound vehicles on Bradley must stop before entering the intersec- tion of Rider Street and Bradley Street ................. 29— ...Optimist Club requesting week of Nov. 9 thru 15 be "Youth Appreciation Week" .................. Oct. 7—Ordinance No. 42.75 An Ordinance a.in .e.nding Ordi- nance No. 33.49 known as the "Traffic Code of Du. buque, Iowa," as amended by repealing Section 7.5 thereof and enacting a new Section 7.5 in lieu thereof requiring a driver of a vehicle involved in an accident to give notice of such accident to the office of the Chief of Police when the apparent total property damage Is TWO HUNDRED AND FIFTY DOLLARS or more .................................. 351 352 418 419, 420 432 434 442 455 455 465 Et -fl 478 496 527, 538 INDEX -BOOK 105 1975 SUBJECT Pane " 7—Ordinance No. 41-75 An Ordinance vacating that por- tion of High Bluff Street,platted and described as follows: Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 25; Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 24: Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 23; Lot 2 of the Subdivision of the Northerly or Northwest- erly 25 feet of Lot 22 and Lot 2 of the Subdivi- sion of the Northerly or Northwesterly 25 feet of Lot 21 all in T. McCranev's Second Addition to Dubuque in the City of Dubuque, Iowa, according to the recorded plat thereof (Bethany Home) ........ 521 " 7—Overpass on Highway #f20, City to allocate $250.00 toward the purchase of sign over same .................... 523 " 13—Ordinance amending Ordinance No. 181 by repeal- ing Section 7 thereof and Section 9 thereof and enacting a new Section 7 and a new Section 9 in lieu thereof, respectively, defining the Powers, and Duties of the Dubuque Dock Board (NOT ADOPTED IN 1975) ......................................................527, 540 " 13—An Ordinance authorizing James R. Kisting to con- struct a chain barricade at 535 Hill Street. (No Action Taken On Ordinance, Agreed to Close Up CurbCut).......................................................................... 527 " 20—Ordinance No. 43.75 An Ordinance prohibiting the driving, parking or storing of motor vehicles in, on or over the Earthen dikes of the Dubuque Floodwall and providing for penalty for violation hereof................................................................................ 539 Nov. 3—Ordinance No. 4475 An Ordinance amending Ordi- nance No. 39-65 known as "The Parking Meter Lot Ordinance of Dubuque, Iowa" by repealing Section 5, Section 5A, Sections 5A1 and 5A2, and enacting a new Section 5, 5A, 5A1, 5A2 and 5A3 in lieu thereof to establish number and location of mu- nicipally owned parking lots and to establish time and parking meter fee and monthly rates (Near Ecumenical Towers) .......................................... 567 " 3—O'Brien, Police Chief, relative to "Public Nuisance Ordinance"............................................................................ 569 " 3—O'Hara, J & P, Granted Class "B" Beer Permit ............ 574 " 17—Ordinance No. 45.75 An Ordinance amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Subsec- tion b of Section 1 of Schedule 1 and enacting a new subsection b of Section 1 of Schedule 1 in lieu thereof to provide that traffic shall move northerly only in the alley between Locust St. and Main St. from West First St. to West Fourth St. and from West Sixth St. to West Twelfth St........... 584 " 24—Ordinance No. 47-75 An Ordinance amending and changing Ordinance No. 32-75, known as the "Zon- ing Ordinance and Zoning Map of the City of Du- buque, Iowa" which amendments shall repeal, shall repeal and substitute new language in lieu thereof, or shall add new language to the Ordinances here- after described........................................................593, 623, 635 " 8—Ordinance No. 46-75 An Ordinance amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa," as amended by repealing Section Section 19.6 in 19.8 thereof and enacting a new lieu thereof to prohibit the driving of a motor ve- hicle without clear window vision ........................... 615 " 8—Odden, Rev. Robert, appointed to Advisory Commis- sion............................................................................619, 629, 632 " 15—Operation New View submitting second annual report of Governing Board ...................................................... 621 " 15—Odden, Rev. Robert, appointed to Community Develop- mentCommission.......................................................... 629 INDEX -BOOK 105 1975 SUBJECT Page P Jan. 6 -Parking and Sewage Facilities, and Water Utility, au- dit for fiscal period of January 1. 1974 through De- cember 31, 1974 to be contracted to O'Connor, Brooks and Company .................................................... 2 " 6 -Planning & Zoning Commission submitting minutes of their meetings ............4, 50, 64, 93, 127, 222, 197, 341, 349, 450, 491, 537, 297, 309, 591, 634 " 13 -Playground & Recreation Commission submitting minutes of their meetings ........15, 58, 93, 1129 128, 154, 243, 339, 429, 467, 524, 5669 613 " 13 -Playground & Recreation Commission suggesting Five Flags Center -Ice Rink be considered .................... 15 " 20 -Planning & Zoning Commission declining to recom- mend for or against reclassification of the My -Cap Vendors property at 32nd Street ............................ 42 " 20 -Planning & Zoning Commission recommending approv- al of petition of Table Mound Park Inc., requesting reclassification from Multiple to Local Business "A" Classification. (W. side of Rockdale Rd. north of MaquoketaDr.)................................................................ 43 " 20 ---Planning & Zoning Commission reconunendin*, "Jung- wirth's Morocco" be placed in Single Family Resi. denceDistrict.................................................................. 44 " 20 -Public Employment, City Manager submitting reso- lution authorizing Mayor to sign a contract for same with State Office for Planning & Program. ming................................................................. ...... " 27 -Public Employment Relations Act, proposed rules to 46, 369 effectuate the purposes of same ................................ " 50 27 -Planning & Zoning submitting an Interim Ordinance containing the staff report, "The Heritage of Du- buque".............................................................................. " 27 -Planning & Zoning, leased office spaces increased ...... " 27 -Pizza Hut, Granted Class "B" 52 53 Beer Permit .................... 55 Feb. 3 -Putnam St., increased lighting in Gay Street playfield area.................................................................................... " 10 -Powers, David J., requesting certain standards and 59 requirements needed in order to be an auto dealer inthe CIty........................................................................ 10 -Planning & Zoning recommending approval final plat 65 of Blocks 11 12 and 13 of Mettel-Byrne Addn....... " 71 24 -Pornography, Mrs. Harold Bechen submitting copy of letter from Allen L. Donielson relative to pornog- raphy.................................................. '• 24 --Parker, Gene, requesting to ........ Purchase property ap. prox. 36' facing Rosedale Ave. on the easterly side T8 01 Of Lot I 24 -Professional Rosedale87, 209 Fighters' Association agreeing to Pay Plan for period of January 1, 1975 through 11June 30, 1976 ........................................................ . 24 -Policemen's Protective Association agreeing to pay 90 Plan for period of January 1, 1975 through June 30, 1976 ............................. Mar. 3 -Pony Express Ride requested by Dennis Meyer " 90 94 ............ 10 -Planning & Zoning recommending reclassification of Portion in Terrace Heights Mobile cDevelopmentnternach Home Park per 10-Police/School Liaison ff Officer Program, rg 102 application for grant and matching resolution for same submitted 10 -Police Matrons, abolishing same from the City 105 buque.......................... of Du. " 17 -Park Board & Recreation Dept. merger requested ...... 111, 128, " 24 -Plowman, Mrs. Jack, objecting to possible remoova P 341, 443 " bussesn ertime 24 -Parking Facilitiescilit esin ..........I ...................... and Municipal Sewage Disposal Works and Facilities audit 118 reports for year end. ing December 31, 1974, submitted ............................ 120 INDEX -BOOK 105 1975 St BJECT Page " 24—Planning & Zoning Commission recommending rezon- ing of ELKS PROPERTY..............................................121 " 24—Project PACE, Peggy Veteto, relative to same ........._... 122 Apri. 7—Pregler, Walter, recommending beautification of me- dian strip in Kerper Blvd ............................................. 127 " 7—Palmer Drug Co., Granted Class "C" Beer Permit ...... 137 " 7—Park Board to certify a vacancy on their Board ....138, 139, 202 " 14—Planning & Zoning Comm. recommending establishing 177, 225 an ad hoc advisory panel to study preservation of "5—Pennsylvania Ave., included in 1975 Asphalt Paving historical structures before demolition .................... 142 " 14—Project Agreement with Iowa DOT for study of pro- 177 posed North-West Arterial roadway .......................... 145 " 21—Peoples Natural Gas Co., requesting permission to ex- 4 cavate on Loras, N. Grandview and Rhomberg ...... 159 2 May 5—Pape, Art, requesting to block 2nd street from Main to Iowa during the Iowa Motor Truck Assn. 1976 Con- vention.............................................................................. 176 " 5—Paul St., included in 1975 Asphalt Paving Project No. I................................................................................ 177, 225 '3 "5—Pennsylvania Ave., included in 1975 Asphalt Paving Project No. 1 177 " 5--Papke, Gus I., authorizing City Attorney to institute 4 Eminent Domain Proceedings against same to se- cure perpetual easements for installation, location and Maintenance of South Dubuque Interceptor SanitarySewer................................................................ 190, 459 i9 5—Planning & Zoning recommending approval of plat of Lots 1 through 16 of Block 12A in "Key Knolls i0 . ...... Subdivision".......................................................... 192 " 5 ---Presley, Franklin, Granted Class "C" (Commercial) Beer & Liquor Licenses ........................................195, 202, 206 $2 12—Planning & Zoning, recommending approval of final i3 3 plat of "Cherry Valley" (Jaeger) ................... _........... 200 12—Playground & Recreation Commission, relative to lease agreement with Loras College for use of San Jose Swimming Pool and Handball courts .... 202, 207 59 19—Packing Company, requesting parking be prohibited on south side of 15th Street from Sycamore St. to twoblocks east................................................................212, 282 35 27—Peoples Natural Gas Division, submitting annual state- mentfor 1974.................................................................. 221 71 27—Peterson, Lloyd L., Notice of personal injuries claim 228 " 27—Planning & Zoning recommending rezoning Lot 10 of Block 3 in Mettel-Link Subd. to multiple -residence, 78 professional office classification (MILLER) .............. 223 " 27—Pierson, Chuck, objecting to proposed improvement onAsbury Rd................................................................ 225 09 27—Pohlen, George William, Granted Class "B" Beer Per- mit......................................................................................240, 343 June 2—Pickett, Joe, objecting to the vacation of Tower St..... 47, 90 4 8 " 2—Pride Service Inc., Granted Cigarette License (2) ...... 260 90 9—Planning & Zoning recommending Ordinance "Alter- nate B," providing for sales of optical goods as 94 permitted by Special Exception ................................254, 310 " 9—Paulson Electric Co., awarded bid for School Signal Improvement Project .................................................... 262 l02 " 9—Proclaimer Certificate for Submission to the U.S. De - partment of HUD, authorizing execution of same .... 265 l05 " 9—Palmer Drug, Granted Cigarette License ........................ 268 106 9—Polfer, Joseph, Granted Cigarette License .................... 268 28, 16—Primary Road Extension Maintenance and Operation }43 Agreement for period of July 1, 1975 to June 30, 1976.................................................................................... 276 118 16—Parochetti, David, Granted Cigarette License .............. 295 " 23—Plumley, Don, Granted Cigarette License ...................... 304 " 23—Ponderosa Steak House, Granted Cigarette License .... 304 120 a INDEX -BOOK 105 1975 SUBJECT — - -- Page " 23—Pusateri, Michael F., Granted Cigarette License and ,C,t e 304, 320 commercialClass r 23—Paradiso, Thelma &GaryBBuss, Granted Class „C" 306 (Commercial) Beer & Liquor License ...................... " Natural Gas, submitting its First Revised GT " 14—Peoples Natural Gas, rate increase announced ............ 30—Peoples Tariff Book to the Iowa State Commerce Commis- " 14—Planning & Zoning approval of voluntary annexation .. 308 si on ........................ ................ " 30—Planning & Zoning, vacating portion of Lot 809 in A. 310 McDaniels' Subd. to Leo Kringle .............................. " 30—Planning & Zoning Commission submitting prelimi. " 21—Peoples Natural Gas, excavate on North Algona St..... nary draft of comprehensive Zoning Or Sit abet een White 338, 357 " 30—Peoples Natural Gas, excavate on 314 7th& 10th St................................................................... " 30—Paulson Electric Company, awarded contract for the " 28—Peterson, Dr., University of Dubuque, relative to In. Replacement of City Hall Electric Service and As. stitutional District section of proposed Zoning Or- sociatedEquipment........................................................ " 30—PHASE II—CONTRACT II TREATMENT PLANT IM 314 PROVEIMENTS CONTRACT II B ................................ 316 " 30—Planning & Zoning, vacating Lot 1 of Lot 1A in Town " 28—Program Agent, City to be same, for administration of Eagle Point in the City of Dubuque, Iowa to Du. of the Comprehensive Employment & Training Act buque Lumber Company ............................................318, 334 " 30—Paradiso. Joseph, Granted Cigarette License ................ 318 " 30—Playground & Recreation Commission, appointments madeto............................................................................321, 427 July 7—Puhrman. Merle W. et ux, Notice of property damage claim..................................................................................325, 454 " 14—Peoples Natural Gas, rate increase announced ............ 339 " 14—Planning & Zoning approval of voluntary annexation of Zimmerman property on Rockdale Rd ................... 341 " 21—Parking of motor vehicles in Bus Stops, prohibited .... 351 " 21—Peoples Natural Gas, excavate on North Algona St..... 353 " 28—Phillips, W., relative to RV section of proposed Zon. 456 ingOrdinance.................................................................. 360 " 28—Peterson, Dr., University of Dubuque, relative to In. stitutional District section of proposed Zoning Or- 460 dinance ................................... ...... .... ........... ....... ............................ ..... 360 " 28—Peoples Natural Gas, excavate at 1501 Rhomberg Ave. 361 " 28—Program Agent, City to be same, for administration 464 of the Comprehensive Employment & Training Act of 1973, Title II, Fiscal Year 1976 ............................369, 471 Aug. 4 --Pierce, Merlyn C., Appointed to Advisory Commission 427 11—Penney's Store, protest of assessments of real estate 429 11—Pillsbury Company, protest of assessments of real es- tate...................................................................................... 429 11—Peck, Donna Sue, relative to needs of the Dubuque Symphony........................................................................430, 467 " 11—Pregler, Walter, et al, requesting reinstatement of bus service on Shiras Ave . ..................................................434, 475 " 18—Paulson Electric Co., Notice of Claim in settlement of account of Waste Water Treatment Facilities ........ 440 Sept. 2—Powers, Dave, relative to obtaining sewer in County for residents of Old Mill Road and Manson Road .... 450 " 2—Puhrman, Merle property damage claim ..................... 454 " 2—Planning & Zoning, relative to request for vacation of Daniels Street between Bies Drive and Sylvan Drive and rezoning of 'Sylvan Place" ...................... 450 " 2—Planning & Zoning approval final plat of Lot 1 and Lot 2 of Block 15 in "Dubuque Downtown Plaza" 456 " 2—Planning & Zoning approving the plat of Lots 1.12, inclusive, Block No. 6; all in Sunset Park Sub- division No. 3, westerly extension of Keystone Dr. and north of Hempstead High School .................... 460 " 2—Petrakis Ball Park, recommending be rebuild on City Island ................................. ....... ........................................ " 8—Petrakis Park and park around Shot Tower, Recrea- 461 tion Department submitting comments on same .... 464 INDEX—BOOK 105 1975--..--- _ SUBJECT Page " 8—Pickett Brewery opposing redevelopment of 4th St. area.................................................................................... 465 " 8—Peoples Natural Gas, excavate on W. 5th Street .......... 470 " 29—Peterson, Rev., invocation given by same ...................... 491 " 29—Petrakis Ball Park, Dubuque Sports Unlimited Inc., re- questing solution to parking at same ........................ 496 " 29—Planning & Zoning approving final plat of Stone Hill Community Subd. No. 1 ................................................ 502 " 29—Planning & Zoning approving final plat of Twin Ridge Subd. No. 2...................................................................... 503 " 29—Planning & Zoning approving final plat of Asbury Springs Subd. No. 1 ...................................................... 507 " 29—Planning & Zoning approving final plat of Block 15 in „Sunrise Heights.. .......................................................... 509 " 29—Properties in City, revaluations and tax structure, re- port given on same ...................................................... 513 Oct. 13—Pricing in Arabic Numbers, Local 94, U.A.W. request- ing Ordinance to contain package that the package of every consumer commodity offer for retail sale bear the price of same.................................................1 526 " 13—Pfalzgraf, Mrs. Helen, et al, being cognizant of recent new zoning ordinance for property at 1660 and 1690 Asbury Rd . ....................................................528, 578, 622 " 20—Peoples Natural Gas advising of rate increase Nov. 19th............................................................................536, 555, 565 " 20—Police Training, Matching Resolution to provide funds forsame............................................................................ 540 20—Planning & Zoning recommending approval of plats for Hillcrest Road .......................................................... 546 " 20—Powers Place, portion of same dedicated to be known as "Hillcrest Road" ........................................................ 547 " 24—PRIMARY ELECTION, City of Dubuque's results held October 21, 1975............................................................ 552 " 27—Point Neighborhood Asse., membership on the Com- munity Development Commission .............................. 559 Nov. 3—Parking Meter Lot Ordinance amended; near Ecu- 566 menicalTowers.............................................................. " 3—Pasadena Dr., Donald J. Kaiser requesting two street lightson same................................................................568, 578 " 3—Potts, Gene et al, objecting to A & W Restaurant on corner of J.F.K. & Asbury Rd. being made into a Drive -In Restaurant........................................................ 568 " 3—Public Nuisance Ordinance, proposed, submitted by 568 Mrs. Mary Lee Marting.......................... ......••••••.....I.••• " 10—Planning & Zoning Commission, relative to rezoning at 1660 & 1690 Asbury Rd...........................................578, 622 " ill --People's Natural Gas requesting to excavate on W. 579 5thSt................................................................................. " 10—Paradiso, Joe et al, objecting to rezoning at corner of Judson St. & Asbury Rd (Seventh Step Foundation) 579 " 24—Planning & Zoning Commission submitting Ordinance amending Ordinance No. 32-75 (Zoning Ordinance) concerning new language ............................................ 593 Dec. 1—Pfohl, Roy, objecting to noise and fumes from garage located between 1st & 2nd Sts. and Locust & Bluff Sts. (Wenzel)........................•.612, 614 ........................................ 15—Pickett & Sons Inc., Joseph S. advising of closing of private road east of Brewery ...................................... 621 " 15—Pregler, Walter A., appointed to Community Develop- mentCommission.......................................................... 829 " 22—Peoples Natural Gas advising of rate increase effec- tive with gas bills issued on or after January 19, 832 1976 .................................................................................... INDEX—BOOK 105 SUBJECT Page 1975 -- 22—Playground & Recreation Commission requesting meet- ing with Council to discuss matters relative to t.....he . 633 Orpheum Theatre .................................................... 22—Pickel, Ardina M., Notice of personal injuries claim .... 635 22—Planning & Zoning approvingg final plat of Blocks 18 & 17 in Mettel-Byrne Addn......................................... 637 " 22—Parochetti, David A., Granted Class "C" (Commercial) Beer & Liquor License .................................................. 64] Q Apri. 14—Quinn, Lucile Katherine, Notice of personal injury claim.................................................................................. 141 INDEX—BOOK 105 1975 _ SUBJECT Page R 128 Jan. 6—Russo, R. N., appointed City Solicitor for year 1975, andbond submitted ......................................................1, 79 " 6—Richard Construction Co., requesting to install boule- vard type lights on Meadow Wood Drive ................ 6, 18 " 6—Ring, Louis A., refund on unexpired Cigarette License 6 " 13—Roling, Gilbert, Sidewalk Construction Bond Continua- 141 tion Certificate submitted ............................................ 15 " 13—Reed, Tom, Director of Finley Hospital, relative to 142 proposal to obtain Industrial Revenuue Bonds for same.................................................................................. 19 " 14—Riley, Owen, Business agent for General Drivers Union, objecting to way of vote on resolution 344, 491 passed concerning union contracts ............................ 25 " 20—Rossiter, Paul, in favor of proposed Building Code 163 Ordinance.......................................................................... 26 Feb. 3—Ramada Inn Motor Lodge, Mr. Robert Hampton grant- 164 ed extension for construction of same ..................57, 81, 95, 104, 270 " 10—Revenue & General Obligation Bonds, City Manager 164 submitting revised agreement with Paul D. Speer & Asso. for service in connection with sale of same 69 " 24—Roepsch, Mrs Joe, objecting to proposed Cable TV 169 rateincrease.................................................................... 82 " 24—Rosedale Addn. #2, Gene Parker requesting to pur- chase property approx. 36' facing Rosedale Ave. 177, 225 on the easterly side of Lot 1 of same ...................... 87, 209 Mar. 3—Radabaugh, Mrs. Vaughn, Notice of Personal injuries claim.................................................................................. 94, 169 It 3—Reuter, Stella L., Notice of personal injuries claim.... 94 10—Retarded Citizens, Inc., offering assistance in the de- velopment of a Housing Assistance Plan .................. 99 17—Recreation Dept. & Park Board merger requested .... 111, 128, 244, 297, 341, 443 " 17—Roth, Cheri, relative to G.A.I.N....................................... 113 " 24—Ries, Mrs. George, objecting to possible removal of busses in summertime.................................................... 118 24—Republican Central Committee, recommending to con- trol city expanding programs to keep budget with. in the current millage rates ...................................... 118 Apr. 7—Republican Central Committee urging merger of Park & Recreation Depts....................................................... 128 " 7—Russo, Paul, relative to making Loras Pool available to general public............................................................ 128 " 7—Right-of Entry agreement with U. S. Army Corps of Engineers to allow construction of sidewalks along the floodwall........................................................ 136 " 14—Roy, Sally Jo, Notice of truck damages claim .............. 141 " 14—"Respect for Law Week," May 1 to 7 ............................ 141 " 14—Rotary Club, relative to beautification ............................ 142 " 21—Reisch,. Robert L., et al (76 signers) relative to petition ofJanlin Plastic.............................................................. 158 " 21—Rehabilitation Housing Commission, consider forma- tion of same ..........................................159, 301, 324, 344, 491 " 21—Richard, James, appointed to Board of Zoning Adjust- ment.......................................................................... 163 " 25—Reiner, James, appointed to Cable -TV Advisory Com- mission.............................................................................. 164 " 25—Ryker, Karen, appointed to Cable -TV Advisory Com- mission.................................................................... .. 164 " 28—Roth, Art, relative to merger of City -County Health Department...................................................................... 167 " 28—Reuter, Stella L., Notice of personal injuries claim .... 169 May 5—Rupp, Joseph J., Notice of car damage claim ................ 175, 477 " 5—Rockdale Road, included in 1975 Asphalt Paving Proj. ectNo. 1.......................................................................... 177, 225 INDEX—BOOK 105 SUBJECT Page 1975 " 5—R & S Enterprises, Inc., Certificate of Completion exe 184 cuted................................................................................ " 5—Renier Piano & Organ Company, Inc., Certificate of 184 Completion executed ....................................... I.............. " 12—Rommel, Roger W., Granted Cigarette License ............ 204 " 19—Reilly, Mike, relative to San Jose Swimming Pool 207 agreement........................................................................ " 19—Runway, Municipal Airport requesting approval of funds for share of cost of constructing a 3" local asphalt mat on North-South runway ........................213, 236 " 27—Ramada Inn at intersection of Division St. & Highway X20, agreement with Inns of Iowa. Ltd., for front- age road to serve facility known as same ................ Smorgastable, Granted Cigarette License ...... 235 239 " 27—Roberts June 2—Republican Central Committee, County, urging conser- vative roll in proposing to annex area to the City 243 " 2—Rockdale Road, prohibiting parking on the east side of same from Mar Jo Road t. Fox Drive ................ 246 to 2—Rockdale Road, Requiring abutting property owners to make sewer and water and gas connections on 250 same before improvement ............................................ " 16—Riverside Bowl, Inc., Granted Class "C" (Commercial) Beer & Liquor License and granted Cigarette Li. cense..................................................................................294, 295 " 16—Reisdorf, Joseph Edward, Granted Class "C" (Com- mercial) Beer & Liquor License, and Granted Cigarette License............................................................294. 295 " 23—Rembold, Elmo B., suspension of real estate taxes ...... 298 " 23—Ricken, Leona G., suspension of real estates taxes ...... 298 " 23—Roeth, Dolores, Granted Cigarette License .................... 304 " 23—Revelle, Patricia, Granted Cigarette License ................ 304 " 23 —Regal "8" Ian, Granted Cigarette License ...................... 304 '+ 23—Roeth, Dolores & Albert Ney, Granted Class "C" (Com- mercial) Beer & Liquor License .................................. 306 " 30—Richardson, Frank for Mercy. Medical Center, in favor of hospitals being permitted to sell optical goods andsupplies.................................................................... 310 of 30—R & S Enterprises, Inc., Granted Cigarette License .... 318 It 30—Rommel, Roger W., Granted Cigarette License ............ 318 " 30—Ring's Fine Food Restaurant, Inc., Granted Cigarette License.............................................................................. 318 " 30—Ring, Richard J., Granted Cigarette License .................. 318 " 30—Roshek's Dept.. Store, Granted Cigarette License ........ 318 to 30—Revelle, Patricia, Granted Class "C" (Commercial) Beer & Liquor License .................................................. 320 July 7—Ritz Lounge Incorporated, Granted Cigarette License and Granted Class "C" (Commercial) Beer & Liq- uor License......................................................................337, 338 " 28—Rusch, Carol D., et al, objecting to rezoning N. J. Yian- nias Property.................................................................. 359 28—Reid, Thomas, of Finley Hospital, relative to Institu- tional District section of proposed Zoning Ordi- nance................................................................................ 360 " 28—Recreational Vehicle section of proposed Zoning Ordi- nance be held in abeyance for one year .................. 361 " 28—REHABILITATION COMMISSION, establishing same and appointments ..........................................363, 523, 563, 575 Aug. 4—Rawson, Thomas, relative to Dubuque -Wisconsin Bridge Project................................................................ 373 " 4—Ricketts, Karl P., Granted Cigarette License ................ 425 " 4—Rettenberger, Max, Granted Cigarette License ............ 425 " 4—Roy, Sally Josephine, Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ........818, 427 " 11—Revenue Sharing Funds report for period of July 1, 1974 to June 30, 1975, submitted by Ass't City Manager................................................... ..430, 458 ....................... " 18—Rooney, A. J., objecting to poor reception on cable television.......................................................................... 440 INDEX—BOOK 105 1975 SUBJECT Page " 18—Randall's International, Inc., Granted Class "C" Beer Permit................................................................................ " 18—Recreation Department to check possible use of Fair- 446 grounds infield or track for recreational facilities 447 Sept. 8—Recreation Dept., relative to Petrakis Park and park around the Shot Tower .................................... 464 " 8—River pollution and shigellosis, Advisory Commission submitting recommendations to remedy same ........ 467 " 15 --Richard, James, appointed to Zoning Board of Adjust- ment.................................................................................. 489 " 29—Richard, James H., developer of "Stone Hill Develop- ment Corp." plat approved .......................................... 503 " 29—Richard, James H., developer of Block 15 in Sunrise Heights, final plat approved ........................................ 509 Oct. 7—Reilly, Mrs. Judy, appointed to Youth Services Board ofDirectors...................................................................... 523 " 7—Rossiter, Paul, appointed to Rehabilitation Housing Commission...................................................................... 523 " 7—Reisch, Chris, appointed to Rehabilitation Housing Commission...................................................................... 523 " 27—Rezoning for obscenity, oppositions ..............555, 585, 590, 603 " 27—Rupp, James and Merwin, Granted Cigarette License " 561 27—Reilly, Thomas J., appointed to Rehabilitation Com- " 6—Resolution No. 9-75 Granting Class "C" (Commercial) mission.............................................................................. 563 Nov. 3—Recreation Commission opposing use of Bunker Hill " 6—Resolution No. 10-75 Directing the issuance of Class for snowmobiles.............................................................. 565 " 3—Roach, Jack W., appointed to Rehabilitation Commis- sion.................................................................................... 575 " 10—Ramada Inn West, Granted Cigarette License .............. 581 Dec. 8—Reynolds, Attorney James, relative to rezoning in Washington St. Neighborhood .................................... 616 " 8—Rundle, Floyd G., appointed to Community Develop- ment Commission.......................................................... 619 " 22—Rehabilitation Funds, Councilman Brady opposed to same being used in target blocks ............................ 634 " 22—River/Stream Pollution Technician, establish the posi- tion of same for city water anti -pollution ................ 634 "RESOLUTIONS" Jan. 6—Resolution No. 1-75 Providing for the appointment of a City Manager, City Clerk, and Cit Solicitor for the City of Dubuque, Iowa; providing for their bonds, and fixing their salaries .................................. 1 " 6—Resolution No. 2.75 Designating "The Telegraph -Her- ald" as the official newspaper for the City of Du- buque................................................................................ 1 " 6—Resolution No. 3.75 Naming depositories for City of Dubuque funds for 1975 .............................................. 2 " 6—Resolution No. 4-75 Approving the City of Dubuque Financial Audit for the fiscal year January 1, 1974 through December 31, 1974, and the 6 month peri- od beginning January 1, 1975 through June 30, 1975 2 " 6—Resolution No. 5-75 City of Dubuque 1973 Concrete Sidewalk Program, Schedule of Assessments .......... 7 " 6—Resolution No. 6-75 Providing for the issuance of Street Improvement Bonds providing for the pay- ment of the assessed cost of 1973 Concrete Side- walk Project, in amount of $8,000.00 ........................ 10 " 6—Resolution No. 7.75 Granting Class "B" Beer Permit application........................................................................ 12 " 6—Resolution No. 8.75 Directing the issuance of Class "B" Beer Permit............................................................ 12 " 6—Resolution No. 9-75 Granting Class "C" (Commercial) Beer & Liquor License applications .................. 13 " 6—Resolution No. 10-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses ............ 13 INDEX -BOOK 105 1975 SUBJECT Page " 13—Resolution No. 11-75 Disposing of interest in vacated portion of Avoca Street described as: Lot A of East 38' of West 50' of the West 100' of Lot 2 of Mineral Lot 179 to Harold B. Demkier & Dorothy " Demkier........................................................................... 13—Resolution No. 12-75 Approving of the services of Paul 18 D. Speer & Associates, Inc., as financial consultants in connection with applications for proposed issu. ance of Industrial Revenue Bonds .............................. 20 " 13—Resolution No. 13-75 Declaring buildings located at 1085, 1091, 1095 White St. and 56, 72 & 74 E. 11th St. as dangerous to life, health and a public nui- sance and directing dismantling of same ................ 21 " 13—Resolution No. 14-75 Granting Class "C" (Commercial) Beer & Liquor License application .......................... 22 to 13—Resolution No. 15.75 Directing the issuance of Class "C" (Commercial) Beer & Liquor License ................ 22 " 14—Resolution No. 16-75 Auuthorizing the City Manager to implement the wage & salary plan and employee benefits from Jan. 1, 1975 thru June 30, 1976 and to execute Memoranda of Agreements ...................... 24 " 20—Resolution No. 17-75 Final Estimate for the contract for the Cedar Street Lift Station Valve and Sluice Gate Modification, 1974 ................................................ 45 " 20—Resolution No. 18.75 Accepting Improvement for the Cedar Street Lift Station Valve and Sluice Gate Modification, 1974.......................................................... 45 " 20—Resolution No. 19-75 Authorizing Mayor to sign a con. tract for Public Employment with State Office for Planning & Programming ............................................ 46 " 20—Resolution No. 20.75 Fixing a date for hearing on pro- posed Hospital Facility First Mortgage Revenue Bonds (The Finley Hospital Project), Series A, and directing Clerk to give notice of intention to issue the Series A Bonds......................................................46, 47, 48 of 20—Resolution No. 21.75 Granting Class "C" Beer Permit application........................................................................ 48 " 20—Resolution No. 22.75 Directing the issuance of Class "C" Beer Permit ....................... ............... I ...... I.............. '48 " 27—Resolution No. 23-75 Authorizing the execution of amendments to leases for Suites 10-B and 411 in the Fischer Building. (Dept. of Community Devel- opment and Planning & Zoning.) ................................ 53 " 27—Resolution No. 24-75 Accepting work performed un- der demolition contract No. 1.74 for the Downtown Urban Renewal Project, Iowa R-15. (Parcel 15.4) .... 54 " 27—Resolution No. 25.75 Authorizing the execution of an application for a City Spirit Grant to the National Endowment for the Arts .............................................. 54 " 27—Resolution No. 26-75 Granting Class "B" Beer Permit application..................................... ........... 55 " 27—Resolution No. 27-75 Directing the issuance of Class "B" Beer Permit............................................................ 55 Feb. 3—Resolution No. 28-75 Authorizing an Extension of time in which R. Hampton and Co., Inc., is to commence construction on certain land in the Downtown Ur- ban Renewal Project, Iowa R-15. (Ramada Inn Mo. torLodge)........................................................................ 57 " 3—Resolution No. 29.75 Soliciting the 1976 Outstanding Young Farmers' Awards Congress for the City of Dubuque by the Dubuque Jaycees .............................. 60 " 3—Resolution No. 30.75 Authorizing the execution of a Certificate of Completion for Dubuque County (County -City Law Enforcement Center Building) .... 60 " 3—Resolution No. 31-75 Granting Class "C" Beer Permit applications...................................................................... 61 " 3—Resolution No. 32-75 Directing the issuance of Class „C„ Beer Permits.......................................................... 61 " 3—Resolution No. 33-75 Granting Class "C" (Commercial) Beer & Liquor License applications ............................ 62 INDEX—BOOK 105 1970 SUBJECT Page " 3—Resolution No. 34.75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses ...................... 62 " 3—Resolution No. 35.75 Granting Cigarette License ........ 62 " 10—Resolution No. 36.75 Determining to proceed with the issuance of $4,250,000. HOSPITAL FACILITY FIRST MORTGAGE REVENUE BONDS (The Fin. ley Hospital Project) Series A, of the City of Du- buque, Iowa ........................................... .. ......... " 10—Resolution No. 37.75 Authorizing City Manager to exe- 68 cute revised agreement with Paul D. Speer & Asse. for service in connection with sale of City Revenue & General Obligation Bonds ....................... 10—Resolution No. 38.75 Directing the Clerk to publish notice that the Iowa State Highway Comm. has made application to the Federal Highway Adminis- tration for approval of "Location & Design Study" of School Signal Improvement Project .................... 70 " 10—Resolution No. 39-75 Directing the Clerk to publish notice that the Federal Highway Administration has given approval of "Location and Design Study" on School Signal Improvement Project .................... 70 " 10—Resolution No. 40.75 Approving the Plat of Blocks 11, 12 and 13 in Mettel-Byrne Addn. in the City .......... 71 " 10—Resolution No. 41-75 Fixing Time and Place of Hear- ing to consider a Project for Financial Assistance sought from the Urban Mass Transportation Ad- ministration, and authorizing Clerk to publish same 73 " 10—Resolution No. 42.75 Granting Cigarette License .......... 73 " 10—Resolution No. 43-75 Granting Class "C" (Commercial) Beer & Liquor License applications .......................... 73 " 10—Resolution No. 44-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses .............. 74 " 10—Resolution No. 45.75 A Policy Statement by the City supporting the concept of the LOCAL OPTION TAXATION...................................................................... 75 " 24—Resolution No. 46-75 Expressing appreciation to Leo J. Meuser for his loyal and devoted service to the public in his capacity as Dubuque County Treasurer 87 " 24—Resolution No. 47-75 Authorizing execution of agree- ment between City and Iowa State Highway Com- mission relating to resurfacing of Dodge St., and constructing a deceleration lane with traffic signal modification at the Devon Dr. intersection ............ 88 " 24—Resolution No. 48.75 Fixing Date of Public Hearing & directing Clerk to Publish Notice of hearing on BUDGET ESTIMATE .................................................... 89 " 24—Resolution No. 49-75 Authorizing City Manager to sign MEMORANDA OF AGREEMENT with majority of unions for pay plan during period of January 1, 1975 through June 30, 1976 ...........I ............................ 89 " 24—Resolution No. 50.75 Granting Class "C" Beer Permit application........................................................................ 90 " 24—Resolution No. 51-75 Directing the issuance of Class „C" Beer Permit............................................................ Mar. 3—Resolution No. 52-75 Granting Class "C" (Commercial) Beer & Liquor License application ............................ 96 " 3—Resolution No. 53-74 Directing the issuance of Class "C" (Commercial) Beer & Liquor License .............. 97 " 3—Resolution No. 54.75 Agreeing to sell Lot 1 of Block 12, Block 13, and Lot 1 of Block 14, in "River Front Subdivision No. 3" in the City of Dubuque, Iowa, to Thermolyne Corporation .............................. 97, 134 " 10—Resolution No. 55-75 Authorizing an extension of time in which R. Hampton & Co., Inc. Is to commence construction...................................................................... 104 " 10—Resolution No. 56-75 Authorizing City Manager to as- sess Garbage & Refuse Collection charges pur- suant to Section 5 of Ordinance No. 66-70 (Hansel, Seipp)................................................................................ 105 INDEX—BOOK 105 1975 SUBJECT _ Page " 10—Resolution No. 57-75 Providing for cash funds for the 106 Police/School Liaison Officer Program .................... " 10—Resolution No. 58.75 Abolishing the position and ser- vices of "Police Matrons" from the City .................. 106 " 10—Resolution No. 59-75 Granting Class "B" Beer Permit 106 application........................................................................ " 10—Resolution No. 60-75 Directing the issuance of Class ,B" Beer Permit............................................................ " 10—Resolution No. 61-75 Granting Cigarette License .......... 107 107 " 10—Resolution No. 62-75 Granting Class "C" Beer Permit application........................................................................ 107 " 10—Resolution No. 63-75 Directing the issuance of Class "C„ Beer Permit............................................................ 108 " 10—Recolution No. 64-75 Granting Class "C" (Commercial) Beer & Liquor License application ............................ 108 " 10—Resolution No. 65-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor License ................ 108 " 17—Resolution No. 66.75 Authorizing the City of Dubuque, Iowa to finance their share of the Mass Transporta- tion Capital Improvement Grant from transit sys- temfunds........................................................................ 110, 337 " 17—Resolution No. 67-75 Accepting the Warranty Deed for Gantz Property for LANDFILL PURPOSES ...... 114 " 17—Resolution No. 68-75 Accepting the resignation of Jo- seph P. Zwack as Assistant City Attorney effective March 15, 1975; and appointing Barry A. Lindahl as assistant City Attorney effective Aug. 1, 1975 .... 115 to 17—Resolution No. 69-75 Granting Class "B" and "C" Beer Permit applications........................................................ 115 it 17—Resolution No. 70.75 Directing the issuance of Class "B's & "C„ Beer Permits .............................................. 116 " 17—Resolution No. 71-75 Granting Class "C" (Commercial) Beer & Liquor License applications ......................... 118 is 17—Resolution No. 72-75 Directing the issuance of Class "C" (Com- mercial) Beer & Liquor License .................................. 116 " 24—Resolution No. 73-75 Approving Budget Estimate ex- penditures for extended period of July 1, 1975 to June 30, 1976, as amended .......................................... 119, 126 " 24—Resolution No. 74-75 Granting Cigarette License .......... 122 to 24—Resolution No. 7575 Granting Class "B" and "C" Beer Permit applications........................................................ 122 " 24 --Resolution No. 76-75 Directing the issuance of Class "B" and "C„ Beer Permits .......................................... 123 " 24—Resolution No. 77-75 Granting Class "C" (Commercial) Beer and Liquor License application ........................ 123 " 24—Resolution No. 78-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor License .............. 123 " 24—Resolution No. 79-75 Authorizing the filing of an ap- plication for a Community Development Block Grant for the City of Dubuque .................................... 125 Apr. 7—Resolution No. 80-75 Disposing of interest of "Lot 1 of Block 12, Block 13, and Lot 1 of Block 14, in River Front Subdivision No. 3 to Thermolyne Cor- poration for purchase price of $36,030.00 ................ 134 It 7—Resolution No. 81-75 Authorizing the City Manager to execute the memorandum of agreement with the International Union of Operating Engineers, Local 758 for period of Jan. 1, 1975 to June 30, 1976 ...... 135 " 7—Resolution No. 82-75 Authorizing execution of agree- between ment City & Iowa State Highway Comm. relating to the installation of traffic control signals for school crossings at various locations within the City of Dubuque (No. 74-T-037) ................................ 136 " 7—Resolution No, 83-75 Approving Supplement No. 9 to Right -of -entry by the U.S. Corps of Engineers for constructionof sidewalk along the floodwall .......... 136 " 7—Resolution No. 8475 Granting Cigarette Licenses ... 136 " 7—Resolution No. 8575 Granting Class "B" & "C" Beer Permit applications........................................................ 137 INDEX -BOOK 105 1975 ------ ----SUBJECT _--- Page " 7—Resolution No. 86-75 Directing issuance of Class 'B" & ,.C„ Beer Permits.......................................................... 137 " 7—Resolution No. 87.75 Granting Class "C" (Commercial) Beer & Liquor License applications .......................... 138 " 7—Resolution No. 88-75 Directing issuance of Class "C" (Commercial) Beer & Liquor Licenses ...................... 138 " 14—Resolution No. 89-75 Policy Resolution, establishing the Dubuque Historic Preservation Advisory Board on matters within the scope of Ordinance No. 7-75 143 " 14—Resolution No. 90.75 Endorsing Washington Park Re- storation by the Dubuque Jaycees ............................ 143 " 14—Resolution No. 91-75 Authorizing the issuance of $4,250,000 Hospital Facility First Mortgage Reve- nue Bonds (The Finley Hospital Project), Series A, of the City of Dubuque, Iowa, for the purpose of lending the proceeds thereof to the Finley Hospi- tal to defray the cost to said Corporation of acquir- ing certain equipment and improvements suitable for use in its voluntary nonprofit hospital, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Loan Agreement between said City and said Corporation providing for the repayment of the loan of the proceeds of said Bonds, the sale of said Bonds and related matters .......................................... 144 " 14—Resolution No. 92.75 Concurring in the selection of Brice -Petrides and Associates as engineering con- sultant for a corridor study of a North-West arterial roadway, and instructing the City Manager to pre- pare a suitable form of contract and scope of work forsuch study................................................................ 146 " 14—Resolution No. 93-75 Authorizing execution of agree- ment between City of Dubuque. Iowa, and Iowa State Highway Commission relative to preliminary engineering for F.A.U.S. Project known as North- WestArterial.................................................................. 146 " 14—Resolution No. 94-75 Granting Cigarette Licenses ...... 147 " 14—Resolution No. 95.75 Granting Class "C" Beer Permit application........................................................................ 147 " 14—Resolution No. 96.75 Directing the issuance of Class "C" Beer Permit............................................................ 147 " 14—Resolution No. 97.75 Granting Class "C" (Commercial) Beer & Liquor LIcense application ............................ 148 " 14—Resolution No. 98-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor License .............. 148 " 21—Resolution No. 99.75 Authorizing Mayor to sign the In- tergovernmental Agreement creating the Dubuque Metropolitan Area Solid Waste Agency with the County Board of Supervisors ...................................... 149 " 21—Resolution No. 100.75 Correction of Resolution 388.74 approving the plat of Block 1, Block 2 and Block 3 in Timber Ridge Addition. (Richard L. Henschel).... 159, 444 " 21—Resolution No. 101-75 Final Estimate for the construc- tion of 1973 Storm Sewer improvement Program .... 160 " 21—Resolution No. 102-75 Resolution accepting improve. ment for the construction of 1973 Storm Sewer Im. provement Program ...................................................... 160 " 21—Resolution No. 103-75 Accepting the resignation of Dominic of the Park W. Goodmann as a member Board, and expressing "Thanks" for splendid and outstanding tour of duty while in office .................. 161 " 21—Resolution No. 104-75 Designating May 3 to May 11 as "Beautify Dubuque Week" and month of May as "Beautify Dubuque Month" ........................................ 161 " 21—Resolution No. 105.75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 162 INDEX—BOOK 105 1975 SUBJECT Page -_-- - " 21—Resolution No. 106.75 Directing issuance of Class "C" 162 (Commercial) Beer & Liquor License 164 " 25—Resolution No. 107-75 Granting Cigarette License ...... " 25—Resolution No. 108-75 Granting Class "B" Beer Perini t 165 .................................................... . application .................. . " 25—Resolution No. 109-75 Directing the issuance of Class "B" Beer Permit......................................................... " 25—Resolution No. 110-75 Granting Class "C" (Commer- 165 cial) Beer & Liquor License application .................... 165 " 25—Resolution No. 111-75 Directing issuance of Class "C" (Commercial) Beer & Liquor License ....................... 165 " 28—Resolution No. 112-75 Granting Cigarette License ...... 170 " 28—Resolution No. 113.75 Granting Class "C" Beer Permit application........................................................................ " 28—Resolution No. 114-75 Directing issuance of Class "C" 170 BeerPermit.................................................................... 171 May 5—Resolution No. 151-75 Requesting Congress and FCC to delete provisions relating to the blackeng out of sports programming carried by cable television sys- tems.................................................................................... 173 " 5—Resolution No. 115-75 Submitting schedule of proposed assessments for City of Dubuque 1975 Asphalt Paving Project No. 1 .................................................... 177 " 5—Resolution No. 116-75 Preliminary approval of plans, specs., form of contract, plat and other documents for 1975 Asphalt Paving Project No. 1 .................... 177 " 5—Resolution No. 117.75 Necessity for Improvement for 1975 Asphalt Paving Project No. 1 .......................... 178, 226 " 5—Resolution No. 118-75 Fixing Date of Hearing for 1975 Asphalt Paving Project No. 1 .................................... 179 " 5—Resolution No. 119-75 A Resolution of intention to issue not to exceed $1,750,000 aggregateprincipal amount of Industrial Development (Health Care Facility) Revenue Bonds (Bethany Home Project) of the City of Dubuque, Iowa, and calling a public hearing on the proposal to issue the bonds .............. 180 " 5—Resolution No. 120-75 Authorizing the execution of a Certificate of Completion for Franchise Realty In. terstate Corporation...................................................... 182 " 5—Resolution No. 121-75 Authorizing the execution of a Certificate of Completion for Canfield Hotel, Inc. 183 " 5 --Resolution No. 122-75 Authorizing the execution of a Certificate of Completion for Investment Planning, Inc...................................................................................... 183 " 5—Resolution No. 123-75 Authorizing the execution of a Certificate of Completion for R & S Enterprises, Inc............ .... .. .................................................... ....... ...... 184 " 5—Resolution No. 124-75 Authorizing the execution of a Certificate of Completion for Renier Piano & Or- ganCompany, Inc........................................................... 184 " 5—Resolution No. 125-75 Authorizingthe execution of a Certificate of Completion for Fischer & Co., In. corporated........................................................................ 185 " 5—Resolution No. 126-75 Authorizing publication of No. tice of Submission of the Community Development Block Grant Application to the U.S. Department of Housing and Urban Development .............................. 185 " 5—Resolution No. 12745 Authorizing execution of an An. nual Contributions Contract and General Deposi- tory Agreement for Existing Housing Project No. Iowa87-2 .......................................................I....... 186 " 5—Resolution No. 128-75 Executing a Relocation Ease- ment and Agreement from Illinois Central Gulf Railroad Company in connection with the Installa. tion of the South Dubuque Interceptor Sanitary Sewer...................................................... " 5—Resolution No. 129-75 Preliminary Estimate and ap- 187 proval of plans, specs., form of contract, and all other documents for the construction of the School Signal Improvement Project Contracts 1 and 2 ...... 188 INDEX—BOOK 105 1975 SUBJECT - Page " 5 ---Resolution No. 130-75 Necessity for Improvement for Proposed improvement for the School Signal Im- " provement Project .......................... ..... .... 188, 230 5—Resolution No. 131-75 Fixing Date of Hearing for the School Signal Improvement Project .......................... 189 " 5—Resolution No. 132-75 Authorizing the Execution of a Community Development Block Grant Agreement " for the City of Dubuque ...................................... 5—Resolution No. 133.75 Directing City Solicitor to in- 189 stitute Eminent Domain proceedings to acquire a perpetual easement in real estate, owned by Gus I. Papke for proposed South Dubuque Interceptor Sanitary Sewer................................................................ 190 " 5—Resolution No. 134-75 Directing City Solicitor to insti- tute Eminent Domain proceedings to acquire a per- petual easement in real estate owned by Mr. & Mrs. John M. Sutton, for proposed South Dubuque In- terceptor Sanitary Sewer .............................................. 191 " 5—Resolution No. 135-75 Approving Plat of Lots 1 through 16, each in Block 12-A in "Key Knolls Subdivision" in the City of Dubuque, Iowa .............. 192 " 5—Resolution No. 136-75 Approving Plat for the vacation of the platted ten foot (10') wide easement in Lot C, Block 12 in "Key Knolls Subdivision" in the City 192 " 5—Resolution No. 137.75 Resolution authorizing the City of Dubuque, Iowa, to finance their share of Air- port Improvements from the City's General Fund 193 " 5—Resolution No. 138-75 Authorizing the execution and delivery of certain documents in connection with the issuance and sale of $4,250,000 Hospital Facility First Mortgage Revenue Bonds (THE FINLEY HOS- PITAL PROJECT), Series A, of the City of Du- buque, Iowa...................................................................... 194 " 5—Resolution No. 139-75 Granting Class "C" (Commercial) Beer & Liquor License applications .......................... 195 " 5—Resolution No. 140-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses ....... I...... 195 " 12—Resolution No. 141-75 Appproving the plat of "Cherry Valley„ Subd. (Jaeger) .................................................. 201 " 12—Resolution (Recreation Commission) Approving pro- posed contract by the City & Loras College in con- nection with the leasing arrangements for SAN JOSE swimming pool and allied facilities ................202, 207 " 12—Resolution No. 142.75 Approving Lease Agreement with Loras College for use of Swimming Pool, Handball Courts and Locker Rooms ..........................202, 207 " 12—Resolution No. 143-75 Accepting resignation of Domi- nic W. Goodmann as Commissioner of the Park Board and appointing Dvaid J. Willoughby to fill that portion of his term until the next regular mu- nicipal election................................................................ 202 " 12—Resolution No. 144-75 Granting Cigarette Licenses ...... 203 " 12—Resolution No. 145.75 Granting Cigarette Licenses ...... 203 " 12—Resolution No. 146-75 Granting Cigarette Licenses ...... 203 " 12—Resolution No. 147-75 Granting Class "A" (Club) Beer & Liquor License application ...................................... 204 " 12—Resolution No. 148-75 Directing issuance of Class "A" (Club) Beer & Liquor License .......................... 204 " 12—Resolution No. 149-75 Granting Class "C" & Class "B" Beer Permit applications ........................... ................ . 204 " 12—Resolution No. 150.75 Directing issuance of Class "C" & Class "B" Beer Permits ............................................ 205 " 19—Resolution No. 151-75 (See Meeting of May 5, 1975) .... 173 " 19—Resolution No. 152-75 Adopting and approving the Execution of an Acceptance of a Grant Offer from the Administrator of the Federal Aviation Admin- istration Acting for the United States of America to the City of Dubuque, Iowa, for the purpose of obtaining Federal Aid in the Development of the Dubuque Municipal Airport, under Project No. 8.19-0028-01...................................................................... 213 INDEX—BOOK 105 1975 SUBJECT Page " 19—Resolution No. 153-75 Preliminary plans, specs., form of contract, plat for construction of Washington Street Traffic Diverters................................................ 214 " 19—Resolution No. 154-75 Necessity for Improvement for construction of Washington Street Traffic Diver- ters....................................................................................214, 260 " 19—Resolution No. 155-75 Fixing Date of Hearing for con- struction of Washington Street Traffic Diverters 214 " 19—Resolution No. 156.75 Accepting real estate from Jack- son M. Marshall (MARSHALL PARK) ...................... 215 " 19—Resolution No. 157-75 Granting Class "C" Beer Permit applications...................................................................... 216 " 19—Resolution No. 158.75 Directing issuance of Class "C" BeerPermit.................................................................... 217 " 19—Resolution No. 159-75 Granting Class "C" (Commercial) Beer & Liquor License applications .......................... 217 " 19—Resolution No. 160-75 Directing issuance of Class "C" (Commercial) Beer & Liquor Licenses ...................... 217 " 19—Resolution No. 161-75 Granting Class "C" (Commercial) Beer & Liquor License application ............................ 218 " 19—Resolution No. 162-75 Directing issuance of Class "C" (Commercial) Beer & Liquor License ........................ 218 " 27—Resolution No. 163-75 Resolution Approving Pro- ceeding with the issuance and sale of not to ex- ceed $1,750,000 aggregate principal amount of in- dustrial development (Health Care Facility) reve- nue bonds (Bethany Home Project) .......................... 224 " 27—Resolution No. 16475 Amending Resolution No. 117-75 by deleting Asbury Road from the E.P.L. of Crissy Drive to the W.P.L. of Carter Road from the City of Dubuque 1975 Asphalt Paving Project No. 1 .... 226 " 27—Resolution No. 165.75 Decision of Council upon objec- tions to plans, specification, form of contract and cost of improvements for the 1975 Asphalt Paving ProjectNo. 1.................................................................. 227 " 27—Resolution No. 166.75 Ordering Construction for the City of Dubuque 1975 Asphalt Paving Project No. 1 228 " 27—Resolution No. 167-75 Decision of Council upon objec. tions to plans, specifications, form of contract and cost of improvements for the School Signal Im. provement Project .......................................................... 230 " 27—Resolution No. 168-75 Ordering Construction for the improvement of School Signal Improvement Proj. ect........................................................................................ 231 " 27—Resolution No. 169-75 Amending Resolution No. 279.74 approving "Westchester" in the City of Dubuque, Iowa, for the purposes of adding a Street Previous. ly Not Included (Venture Ct.) .................................... 232 " 27—Resolution No. 170.75 Authorizing the submission of a request to convert a Section 23 Housing Assistance Payments Program to a Section 8 Housing Assist- ance Payment Program ......I ......................................... 234 " 27—Resolution No. 171-75 Authorizing and directing the the submission of an application for a low income housing program under Section 8 of the United States Housing Act of 1937, as amended .................. 234 " 27—Resolution No. 172-75 Authorizing Mayor & City Clerk to execute agreement with Inns of Iowa, Ltd., for frontage road to facility serve known as a Ramada Inn at intersection of Division St. and Highway #20. 2815 " 27—Resolution No. 173.75 Accepting Warranty Deed from Inns of Iowa, Ltd., for frontage road serving Rama. da Inn at intersection of Division St. & Highway X20................................................ .......... " 27—Resolution (AIRPORT COMMISSION) Requesting City 235 Council to proceed with the issuance and sale of $125,000 General Obligation Bonds for airport im. provements...................................................................... 236 1975 INDEX—BOOK 105 SUBJECT Page " 27—Resolution No. 174-75 Authorizing the City of Dubuque, sociatedEquipment ...................................................... Iowa, to finance their share of Airport Improve- " 2—Resolution No. 186-75 Necessity of Improvement for Replacement of City Hall Electric Service & Asso- 250 ments from the City's General Fund ........................ 237 " 27—Resolution No. 175-75 Fixing a date of meeting at placement of City Hall Electric Service & Asso- which it is proposed to take action for the issu- 248 " 2—Resolution No. 188.75 Preliminary approval of plans, ance of $125,000 Airport Bonds .................................. 237 " 27—Resolution No. 176-75 Providing for the advertise- 249 " 2—Resolution No. 189-75 Necessity for Improvement for ment of $125,000, Airport Bonds ................................ 238 " 27—Resolution No. 177-75 Granting Cigarette Licenses ...... 239 " 27—Resolution No. 178-75 Granting Class "B" Beer Permit applications...................................................................... " 27—Resolution No. 179.75 Directing issuance of Class "B" 239 of improvements................................................... BeerPermits.................................................................... 240 " 27—Resolution No. 180.75 Granting Class "C" (Commercial) 262 " 9—Resolution No. 200-75 Awarding Contract for School Beer & Liquor License application ............................ 240 " 27—Resolution No. 181.75 Directing issuance of Class 262 " 9—Resolution No. 201.75 Awarding Contract for School "C" (Commercial) Beer & Liquor License .............. 240 " 27—Resolution No. 182.75 Granting Cigarette Licenses .... 241 " 27—Resolution No. 183-75 Granting Class "C" (Commer- Dubuque 1974 Asphalt cial) Beer & Liquor License application .................. 241 " 27—Resolution No. 184-75 Directing issuance of Class "C" (Commercial) Beer & Liquor License ...................... 241 June 2 --Resolution No. 185-75 Preliminary Estate and approval 249 of plans, specs., form of contract for construction of Replacement of City Hall Electric Service & As. sociatedEquipment ...................................................... 248 " 2—Resolution No. 186-75 Necessity of Improvement for Replacement of City Hall Electric Service & Asso- 250 ciated Equipment............................................................248, 286 " 2 --Resolution No. 187.75 Fixing Date of Hearing for Re- 251 placement of City Hall Electric Service & Asso- ciatedEquipment......................................................... 248 " 2—Resolution No. 188.75 Preliminary approval of plans, specs., form of contract for construction of Grand- 251 view Ave. and Dodge Street Traffic Signals ............ 249 " 2—Resolution No. 189-75 Necessity for Improvement for 251 construction of Grandview Ave. and Dodge Street Traffic Signals................................................................249, 287 " 2—Resolution No. 190-75 Fixing Date of Hearing for construction of Grandview Ave. and Dodge Street TrafficSignals............................................................... 249 " 2—Resolution No. 191-75 Requiring abutting property owners to make sewer and water and gas Connec- tions on improvement of Rockdale Rd ..................... 250 " 2—Resolution No. 192-75 Granting Cigarette Licenses ...... 250 " 2—Resolution No. 193.75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 251 " 2—Resolution No. 194-75 Directing issuance of Class "C" (Commercial) Beer & Liquor License ........................ 251 " 2 --Resolution No. 195.75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 251 " 2—Resolution No. 196-75 Directing issuance of Class "C" (Commercial) Beer & Liquor License ........................ 251 " 9—Resolution No. 197-75 Approval of the Permanent Transfer of funds.......................................................... 257 " 9—Resolution No. 198-75 Decision of Council upon objec- tions to plans, specs., form of contract and cost of improvements................................................... 261 " 9—Resolution No. 199-75 Ordering Construction for the construction of Washington St. Traffic Diverters 262 " 9—Resolution No. 200-75 Awarding Contract for School Signal Improvement Project to Paulson Electric Co. (Project No. T-735-7(5) - 84.31) ............................ 262 " 9—Resolution No. 201.75 Awarding Contract for School Signal Improvement Project to Paulson Electric Co. (Project No. T-735-1(6) - 84.31) ............................ 263 " 9—Resolution No. 202-75 Final Estimate for the City of Paving Project No. 2 River - Dubuque 1974 Asphalt front Subdivision No. 5 ................................................ 263 INDEX—BOOK 1.05 SUBJECT 1975 Page " 9—Resolution No. 203-75 Resolution Accepting Improve- 1974 Asphalt Paving ment for City of Dubuque Project No. 2 Riverfront Subdivision No. 5 ............ 264 " 9—Resolution No. 204-75Resolutionapprovingtenta- StreetConstructiinProama and tive threyea submitting same to Iowa State Highway Commis sion ......................I.....I ................................................... . " 9—Resolution No. 205.75 Endorsing the Dubuque Am- Sponsors for the 1975 Iowa Comm un 265 bassadors as ity Betterment Program .............................................. It 9—Resolution No. 206.75 Authorizing the Execution of 265 a Proclaimer Certificate for Submission to the U.S. Department of Housing & Urban Development 265 " 9—Resolution No. 207.75 Final Estimate for the City of Dubuque 1974 Asphalt Paving Project No. 1 .......... Improvement and 266 " 9—Resolution No. 208.75 Accepting Directing the Clerk to publish notice for the City Paving Project No. 1 .... 267 of Dubuque 1974 Asphalt to 9—Resolution No. 209.75 Granting Cigarette Licenses ...... " 9—Resolution No. 210.75 Granting Class "C" Beer Permit 268 application........................................................................ " 9—Resolution No. 211-75 Directing issuance of Class "C" 268 BeerPermit...................................................................... " 9—Resolution No. 212.75 Granting Class "C" (Commer- 269 cial) Beer & Liquor License application ...... ...... ......„ 269 ” 9 --Resolution No. 213-75 Directing issuance of Class "C (Commercial) Beer & Liquor License ....................... 289 " 9—Resolution No. 214.75 Joint Resolution by, between and among Board of Supervisors and City Council of Dubuque, requesting Iowa Natural Resources Council approve application for flood plain infor- mation study under provisions of Sec. 206, Public Law 88.645 (Flood Control Act of 1960) ................ 270 " 16—Resolution No. 215.75 Resolution providing for the sale and award of $125,000 Airport Bonds and ap- proving and authorizing the agreement of such sale and award. (Carleton D. Beh Co. of Des Moines, Iowa).................................................................................. " 16—Resolution No. 216.75 A Resolution providing for the 273 issuance of $125,000 Airport Bonds and providing for the levy of taxes to pay the same ........................ 273 " 16—Resolution No. 217-75 Awarding Contract for construc- tion of Washington St. Traffic Diverters to Flynn Company, Inc................................................................... It 16—Resolution No. 218-75 Decision of Council upon objec- 285 tions to plans, specs., form of contract and cost of improvements for the Replacement of City Hall Electric Service and Associated Equipment .......... 286 " 16—Resolution No, 219.75 Ordering Construction for Re- placement of the City Hall Electric Service and Associated Equipment .................................. 287 " 16—Resolution No. 220-75 Decision of Council upon objec- tions to plans, specs., form of contract and cost of improvements for the construction of Grandview Ave. and Highway #20 Traffic Signals ...................... 288 " 16—Resolution No. 221.75 Ordering Construction for the Grandview Ave. and Highway #20 Traffic Signals 288 " 16—Resolution No. 222-75 Preliminary approval of plans, specs., form of contract and all other documents for the construction of University Avenue Pedes. trian Crosswalk.............................................................. 289 to 16—Resolution No. 223.75 Necessity for Improvement for construction of University Ave. Pedestrian Cross. walk .. .. ... ... .. .... .. 289, 327 to 16—Resolution No. 224.75 Fixing Date of Hearing for construction of University Avenue Pedestrian Crosswalk.......................................................................... 289 it 16—Resolution No. 225.75 CORRECTION RESOLUTION to correct Resolution No. 363.74 approving the plat of Lots 1-13 inclusive all in West Ridge Addition in the City of Dubuque (Clarence Arlen's Place).... 290 INDEX—BOOK 105 1975 SUBJECT Pap " 16—Resolution No. 226.75 Authorizing the City of Dubuque to become a member of the Dubuque County Law Enforcement Telecommunications Plan under a 28EAgreement.............................................................. 292 " 16—Resolution No. 227-75 Matching Resolution providing funds for County -Wide Communications .................. 293 " 16—Resolution No. 228-75 Granting Class "C" Beer Permit applicat.ions........................................................... 293 " 16—Resolution No. 229-75 Directing issuance Class "C" Beer Permits ....................................... .......... 293 " 16—Resolution No. 230-75 Granting Class "C" (Commer- cial) Beer & Liquor License applications .................. 294 " 16—Resolution No. 231-75 Directing issuance of Class "C" (Commercial) Beer & Liquor License ................ 294 " 16—Resolution No. 232-75 Granting Class "C" (Commer- cial) Beer & Liquor License applications ................ 294 " 16—Resolution No. 233-75 Directing issuance of Class "C" (Commercial) Beer & Liquor Licenses ...................... 295 " 16—Resolution No. 234-75 Granting Cigarette Licenses ...... 295 " 23—Resolution No. 235-75 Awarding Contract for contmc- tion of City of Dubuque 1975 Asphalt Paving Proj- ect No. 1 to Tri-State .................................................... 300 " 23—Resolution No. 236-75 Approving the Fixed -Price Com- petition Method for offering certain land in the Downtown Urban Renewal Project, Iowa R-15, for redevelopment by Private Developers ...................... 301 " 23—Resolution No. 237-75 Resolution authorizing the sub- mission of an application for a temporary Solid Waste Disposal Project Permit .................................. 303 " 23—Resolution No. 238.75 Granting Cigarette Licenses ...... 303 " 23—Resolution No. 239-75 Granting Class "B" Beer Permit app. lication........................................................................ " "B" 304 23—Resoluion No. 240-75 Directing issuance Class BeerPermit.................................................................... 305 " 23—Resolution No. 241-75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 305 " 23—Resolution No. 242.75 Directing issuance Class "C" (Commercial) Beer & Liquor License ........................ 305 " 23—Resolution No. 243-75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 306 " 23 --Resolution No. 244-75 Directing issuance Class "C" (Commercial) Beer & Liquor License ...................... 306 " 30—Resolution No. 245-75 Awarding Contract for the Re- placement of City Hall Electric Service and Asso- ciated Equipment to Paulson Electric Company .... 314 " 30—Resolution No. 246-75 Awarding Contract for the con- struction of Grandview Ave. & Highway No. 20 Traffic Signals to Moldt Electric Service, Inc.... 315 " 30—Resolution No. 247-75 Final Estimate for the Phase II - Contract II Treatment Plant Improvements Con- tractIIB............................................................................ 316 " 30—Resolution No. 248-75 Accepting Improvement for the Phase 11 -Contract 11 Treatment Plant Improve- ments Contract IIB ........................................................ 316 " 30—Resolution No. 249.75 Acknowledging debt of grati- tude by the City Council of the City of Dubuque, Iowa, to Robert M. Carr, Richard J. Norpel, Sr., Thomas J. Gilloon, Tom Jochum and Tom Tauke, being State Senators and State Representatives, respectively, for the realization of the State Appro- priation Bill providing for the sum of $1,753,343, as an appropriation to the Sewage Works Construc- tion Fund of the City of Dubuque, Iowa, in its Waste. Water Treatment Plant Facility .................... 317 " 30 --Resolution No. 250.75 Granting Cigarette License ... 318 " 30—Resolution No. 251-75 Granting Class "C" Beer Permit aplicalion....................................................................... " 30—Resolution No. 252.75 Directing issuance of Class "C" 319 BeerPermit.................................................................... 319 " 30 --Resolution No. 253-75 Granting Class "C" (Commer- cial) Beer & Liquor License applications ................ 321 INDEX—BOOK 105 1975 SUBJECT Page " 30—Resolution No. 254-75 Directing issuance of Class "C" 320 (Commercial) Beer & Liquor License ........................ July 7—Resolution No. 255-75 Decision of Council upon ob- jections to plans, specs., form of contract and cost of improvements for construction of University 327 Avenue Pedestrian Crosswalk .................................... to 7—Resolution No. 256-75 Ordering Construction for the improvement of University Avenue Pedestrian 328 Crosswalk............................................................ " 7—Resolution No. 257.75 City of Dubuque 1974 Asphalt Paving Project No. 1, Schedule of Assessments .... 329 " 7—Resolution No. 258-75 Providing for the issuance of Street Improvement Bonds for the purpose of pro- viding for the payment of the assessed cost of City of Dubuque 1974 Asphalt Paving Project No. 1 332 " 7—Resolution No. 259.75 Approving plat of subdivision of Lot 1A in Town of Eagle Point in the City of Du- buque, Iowa ...................................... ......................... 333 " 7—Resolution No. 260-75 Disposing of interest of Lot 1 of Lot IA in Town of Eagle Point in the City of Du- buque, Iowa, to Dubuque Lumber Company ............ 334 " 7—Resolution No. 261-75 Matching Resolution to provide City Funds for Police Training Program ................ 335 " 7—Resolution No. 262.75 Authorizing Mayor to sign appii- cation for grant with the Iowa Department of Pub- lic Safety to participate in Mini -ASAP Program ...... 336 " 7—Resolution No. 263.75 Authorizing the City to execute a Capital Grant Contract with the U.S. DOT for a grant under the Urban Mass Transportation Act of 1964, as amended, for purchasing new buses and equipment.................................... .............................. 336 " 7—Resolution No. 264-75 Granting Cigarette Licenses .... 337 " 7—Resolution No. 265-75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 337 " 7—Resolution No. 266-75 Directing the issuance of Class 'C" (Commercial) Beer & Liquor License ................ 338 " 14—Resolution No. 267-75 City of Dubuque going on rec- ord supporting the concept of separate City Health Department from the Dubuque County Health De- partment, and that it retain Its present structure 340,341 14—Resolution No. 268-75 Awarding Contract for the con. struction of University Ave. Pedestrian Crosswalk to Moldt Electric Service, Inc ..................................... 344 " 14—Resolution No. 269-75 Disposing of interest of the North % and South % of the East 33 feet of Lot 1 of the Subdivision of Lot 809 in A. McDaniels' Sub- division to Leo J. Kringle .......................................... 345 " 14—Resolution No. 270-75 Granting Cigarette Licenses ...... 345 " 14—Resolution No. 271-75 Granting Sunday Sales Permits applications...................................................................... " 14—Resolution 346 No. 272-75 Directing the issuance of Sun. day Sales Permits.......................................................... 346 " 14—Resolution No. 273-75 Accepting with regret the resig- nation of Councilman Thoms and expressing grati- tude and thanks for services rendered while Coun. cilman................................................................................ 348 " 21—Resolution No. 274.75 Approving the Plat of Lots 1-29 inclusive and Lot A, all in Hawkeye Estates in the City of Dubuque, Iowa, being correction of Resolution No. 128.73 (HEFEL).......................... 353 ........ " 21—Resolution No. 275-75 Granting Cigarette Licenses ...... " 354 21—Resolution No. 276-75 Granting Class "C" Beer Permit. ........................................................................ " 21—Resolution 355 Sapp. No. 277-75 Directing the issuance of Class "Coo Beer Permit............................................................ " 28—Resolution No. 278-75 Disposing of interest of Lot 1 355 of Lot 1A in Town of Eagle Point in the City of Dubuque, Iowa, to Dubuque Lumber Company " 28—Resolution No. 279-75 Declaring Intent to 362 establish A Community Development Commission INDEX—BOOK 105 1975 SUBJECT 28—Resolution No. 280-75 Establishment of a Rehabilita- tion Commission for the City of Dubuque, Iowa .... 363 " 28—Resolution No. 281-75 Declaring intent to sell a portion of the Downtown Urban Renewal Project, Iowa R-15, to Dubuque Five Flaw Center Fund ............ 367 " 28—Resolution No. 282-75 Authorizing the Mayor of the City of Dubuque, Iowa, to sign a letter stating that the City of Dubuque will be Program Agent for the Comprehensive Employment and Training Act, Title 11 Funds for the City of Dubuque, Fiscal Year 1976.......................................................... I......................... 369 " 28—Resolution No. 283.75 Authorizing the filing of an Ap. plication with the Department of Transportation, State of Iowa, for a Grant under the Urban Mass Transportation Act of 1964, as amended ................ 370 " 28—Resolution No. 284-75 Granting Class 'C" (Commercial) Beer & Liquor License application ............................ 371 " 28—Resolution No. 285.75 Directing issuance of Class "C" (Commercial) Beer & Liquor License ........................ 371 " 28—Resolution No. 286.75 Granting Class "B" Beer Permit application........................................................................ 371 " 28—Resolution No. 287.75 Directing issuance of Class "B" BeerPermit.................................................................... 372 " 28—Resolution No. 288-75 Granting Cigarette Licenses ...... 372 Aug. 4—Resolution No. 289.75 Final Estimate for CITY OF DUBUQUE 1974 Concrete Paving w/Integral Curb Project No. 1, 10th St. from Locust St. to Bluff St. and intersection of 9th & Bluff Sts. Contract No. 1 Traffic Signals & Signing ............................................ 421 " 4—Resolution No. 290-75 Accepting Improvement for CITY OF DUBUQUE 1974 Concrete Paving w/Into. gral Curb Project No. 1 10th St. from Locust St. to Bluff St. and intersection of 9th & Bluff Sts. Con- tract No. 1 Traffic Signals and Signing .................... 421 " 4—Resolution No. 291-75 Transferring appropriated un- expended items from the budget period of January 1, 1974 -June 30, 1975 to the FY '76 BUDGET .......... 422 " 4—Resolution No. 292-75 Authorizing the City Clerk to publish proposed amendments to the Fiscal Year Budget Date Public Hearing 423 " 1976 and of ................ 4—Resolution No. 293-75 Disposing of interest of portion of Lot 1 of the Subdivision of Lot 809 in A. Mc - Daniel's Subdivision to Leo J. Kringle .................... 423 " 4—Resolution No. 294.75 Annexing certain property to the City of Dubuque, Iowa (Mary R. Zimmerman's request).......................................................................... 424 " " 4—Resolution No. 295-75 Granting Cigarette Licenses .... "B" 424 4—Resolution No. 296-75 Granting Class Beer Per- mitapplication................................................................ 425 " 4—Resolution No. 297-75 Directing the issuance of Class „B„ Beer Permit............................................................ 425 " 4—Resolution No. 298.75 Granting Class "B" Beer Permit application........................................................................ 425 " 4—Resolution No. 299-75 Directing the issuance of Class „B" Beer Permit............................................................ 426 " 4—Resolution No. 300.75 Granting Class "C" (Commer- cial) Beer & Liquor License applications .................. 426 " 4—Resolution No. 301-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses .............. 426 " 4—Rsolution No. 302.75 Confirming the appointment of members of the Low -Rent Housing Commission of the City of Dubuque, Iowa .......................................... 427 " 11—Resolution No. 303-75 Approving Official Report of Municipality for Municipal Streets and Parking for 1974 and the first six months of 1975 ................ 435 " 11—Resolution No. 304-75 Granting Cigarette Licenses ...... 436 " 11—Resolution No. 305.75 Granting Class "B" Beer Per- " ..... ... ....... mit application ......................... .................. ...... 11—Resolution No. 306-75 Directing the issuance of Class 436 .,B" Beer Permit............................................................ 436 INDEX—BOOK 105 1975 — SUBJECT _ _ _ Page " 11—Resolution No. 307-75 Granting Class "C" Beer Permit application ....................................................... ................. 437 " 11—Resolution No. 308-75 Directing the issuance of Class 437 ,.C.' Beer Permit............................................................ " 11—Resolution No. 309-75 Granting Class "C" (Commer- 437 cial) Beer & Liquor License application .................... " 11—Resolution No. 310-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses .............. 437 " 18—Resolution No. 311-75 Petitioning Dept. of Transpor- tion of State of Iowa to repaint the Dubuque -East Dubuque Bridge red, white and blue .........•..••••.......• 443 " 18—Resolution No. 312.75 Approving the delivery of Quit Claim Deed from Jackson M. Marshall for real es- tate given to the City (Marshall Park) .................... 444 " 18—Resolution No. 313-75 Correction of Resolution No. 386-74 and Resolution No. 100.75 approving Plat of Block 1, Block 2 and Block 3, each in Timber Ridge Addition in City of Dubuque, Iowa (Rich. ardHenschel).................................................................. 444 " 18—Resolution No. 31475 Granting Class "C" Beer Per- mitapplication................................................................ 446 " 18—Resolution No. 315.75 Directing the issuance of Class "C" Beer Permit............................................................ 446 " 18—Resolution No. 316-75 Granting Class "C" (Commer- cial) Beer & Liquor License applications ................ 446 " 18—Resolution No. 317-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses .............. 447 Sept. 2—Resolution No. 318.75 Approving a plat of a vacated alley in the downtown Urban Renewal Project area 456 " 2—Resolution No. 319-75 Approving a plat in Dubuque Downtown Plaza in the City of Dubuque, Iowa (Lot 1 and Lot 2 each in Block 15) ...................................... 457 " 2—Resolution No. 320-75 Authorizing the execution of a contract for sale of land for private redevelopment with Dubuque Five Flags Center Fund .................... 458 " 2—Resolution No. 321.75 Amending the Current Budget for the Fiscal Year ending June 30, 1976 as amend. ed last on (1st Amendment ..........................................459 " 2—Resolution No. 322-75 Accepting delivery of Grant of Easement from Gus Papke for a perpetual 20 foot wide easement................................................................ 459 " 2—Resolution No. 323-75 Approving the Plat of Lots 1-12, inclusive, Block No. 6; all in Sunset Park Subdivi. sion No. 3, in the City of Dubuque, Iowa (Schiltz Development Corp........................................................... 460 " 2—Resolution No. 32475 Granting Class "B" and Class "C" Beer Permit applications ...................................... 461 " 2—Resolution No. 325-75 Directing the issuance of Class "B" & "C" Beer Permits... Permits................................................ 462 " 2—Resolution No. 326-75 Granting Class 'B" (Hotel Mo. tel) and Class "C" (Commercial) Beer & Liquor License applications...................................................... 462 " 2—Resolution No. 327-75 Directing the Issuance of Class "B" (Hotel Motel) and Class "C" (Commercial) Beer & Liquor Licenses ................................................ 462 " 8—Resolution No. 9.3.75 (DOCK COMMISSION) Recom- mending certain improvements as PHASE I of a comprehensive development Program for the East Fourth Street Peninsula Area ..................... 465 " 8—Resolution No. 328-75 Disposing of interest of portion of Windsor Extension to Sisters of St. Francis ........ 469 " 8—Resolution No. 335.75 Supporting renovation of Locks and Dam #26 on the Mississippi River at Alton, Illinois.............................................................................. 470 " 8—Resolution No. 329-75 Authorizing the Mayor to sign a contract for Public Employment with the Iowa State office for Planning & Programming. (CETA TitleII).............................................................................. 471 INDEX—BOOK 105 1975 SUBJECT Page " 8—Resolution No. 330.75 Preliminary approval of plans specs., form of contract, etc., for improvement of 5th Street Parking Lot .................................................. 472 " 8—Resolution No. 331-75 Necessity for Improvement for improvement of 5th St. Parking Lot ..........................472, 498 " 8—Resolution No. 332.75 Fixing Date of Hearing for improvement of 5th St. Parking Lot .......................... 472 " 8—Resolution No. 333.75 Expressing condolence to family and friend of Dr. Gaylord M. Couchman ................ 473 " 8—Resolution No. 334-75 Authorizing the use of Urban Renewal Project Land for temporary off-street parking purposes ................................................... 473 " 15—Resolution No. 335.75 (See Page #470—Meeting of Sept. 8).............................................................................. 470 " 15—Resolution No. 336-75 Preliminary Estimate, proposed plans, specs., form of contract, plat and etc. for construction of San Jose Swimming Pool Parking Lot and Access Sidewalk .............................................. 480 " 15—Resolution No. 337-75 Necessity for Improvement for the San Jose Swimming Pool Parking Lot and Ac- cess Sidewalk ............................ .... ....... ............... 480, 500 " 15—Resolution No. 338.75 Fixing Date of Hearing and di- recting Clerk to publish notice for construction of San Jose Swimming Pool parking lot and access sidewalk............................................................................ 481 " 15—Resolution No. 339.75 Ordering Construction for San Jose swimming pool parking lot and access side- walk.................................................................................... 481 " 15—Resolution No. 340.75 Authorizing publication of No- tice of an environmental review finding for the San Jose swimming pool and access walk .............. 482 " 15—Resolution No. 341-75 Appproving application of Ben wanger Boiler Shop, Inc., to purchase land in Block 6, River Front Subd. No. 3, due to name error made in 1968 ........................................................ 483 " 15—Resolution No. 342-75 Authorizing the issuance of $1,750,000, in aggregate principal amount of the City of Dubuque, Iowa Health Care Facilities First Mortgage Revenue Bonds (Bethany Home Project) Series 1975 ..................... ......... ..... 485 " 15—Resolution No. 343-75 Appointing a Zoning Board of Adjustment Pursuant to Ordinance No. 32-75 ........ 488 " 15—Resolution No. 344-75 Granting Class "C" and Class "B" Beer Permit applications ...................................... 489 " 15—Resolution No. 345.75 Directing the issuance of Class "B" & Class "C" Beer Permits .................................... 489 " 15—Resolution No. 34675 Granting Class "C" (Commer- cial) Beer & Liquor License applications ................ 489 " 15—Resolution No. 347.75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses .............. 490 " 29—Resolution No. 348-75 Disposing of interest of Lot 2 of 1 of 1 in Block 6, River Front Subdivision No. 3 in the City to Berwanger Boiler Shop, Inc........... 497 " 29—Resolution No. 349-75 Decision of Council upon ob- jections to plans, specs., form of contract and cost Of improvements for improvement for 5th Street .................................................................... Parking Lot499 " 29—Resolution No. 350.75 Ordering Construction for the 5th Street Parking Lot ................................................ 499 " 29—Resolution No. 351.75 Awarding Contract for construc- tion of San Jose Parking Lot and Access Sidewalk to Tri -Stale Paving Company .................................... 501 " 29—Resolution No. 352.75 Disposing of interest of Wind- sor Avenue, as extended, from the northerlymost boundary of Davis Avenue, as widened, in the City of Dubuque, Iowa to the Sisters of St. Francis ...... 502 " 29—Resolution No. 353-75 Approving the Plat of "Stone Hill Community Subdivision No. 1" (James H. Rich- ard).................................................................................... 503 " 29—Resolution No. 35475 Approving plat of "Twin Ridge Subd. No. 2." (Raymond M. Mueller) ........................ 505 INDEX—BOOK 105 1975 SUBJECT Page 29--Resolutionthe execution 5to delivery of deed Dubuque Five Center Fund for sale of land in the Downtown Urban Re- newal Project, Iowa R-15 .............................................. 507 " 29—Resolution No. 356-75 Approving the Plat of "Asbury Springs Subd. No. 1" (Powers and Kaiser) ............ 507 " 29—Resolution No. 357-75 Approving the Plat of Block 15 in "SunriseHeights" in the City of Dubuque, Iowa (James H. Richard) ............................................. 509 " 29—Resolution No. 35P-75 Granting Class "C" Beer Permit appplication.................................................................... 511 " 29—Resolution No. 359.75 Directing the issuance of Class "C„ Beer Permit ........................ I ..... I............................. 511 " 29—Resolution No. 360.75 Granting Class "B" Beer Per- mitapplication................................................................ 511 " 29—Resolution No. 361-75 Directing the issuance of Class "B" Beer Permit .......... .................................. I................. 512 " 29—Resolution No. 362.75 Granting Class "B" (Hotel or Motel) and Class "C" (Commercial) Beer & Liquor License applications...................................................... 512 " 29—Resolution No. 363.75 Directing the issuance of Class "B" (Hotel or Motel) and Class "C" (Commercial) Beer & Liquor Licenses ................................................ 512 Oct. 7—Resolution No. 36475 Awarding Contract for construc- tion of 5th Street Parking Lot to Tschiggfrie Ex- cavating Company ............ ... ................... I ....... I............... 518 " 7—Resolution No. 365.75 Authorizing the Execution of An Annual Contributions Contract with the United States of America for the conversion of a Section 23 Housing Assistance Payments Program to a Sec. tion 8 Housing Assistance Payments Program for 74 units............................................................................ 518 " 7—Resolution No. 366-75 Awarding Contract for purchase of Modular Unit Ambulance to Environmental Safe- ty Products, Incorporated ............................................ 519 " 7—Resolution No. 367-75 Granting Class "C" Beer Permit applications...................................................................... 519 " 7—Resolution No. 368.75 Directing the issuance of Class "C" Beer Permit............................................................ 520 " 7—Resolution No. 369.75 Granting Class "C" (Commercial) Beer & Liquor License application ............................ 520 " 7—Resolution No. 370.75 Directing the issuance of Class "C" (Commercial) Beer & Liquor License ................ 520 " 7—Resolution No. 371-75 Vacating portion of High Bluff Street for Bethany Home .............................................. 521 " 7—Resolution No. 372.75 Disposing of interest of that portion of High Bluff Street vacated to Bethany Home .. .... 522 " 13—Resolution No. 373.75 Directing City Clerk to publish notice of public hearing on proposed form of lease between the City of Dubuque, Iowa, by and through its Board of Dock Commissioners and Dubuque Barge and Fleeting Service Corporation .................... 524 " 13—Resolution No. 37475 Decision of Council upon ob. jections to plans, specifications, form of contract and cost of improvements for construction of San Jose swimming pool parking lot and access side- walk......................................................... .......... 528 " —13—Resolution No. 375.75 Authorizing Submission of a Request for Release of Certain HUD Funds for the San Jose Swimming Pool Parking Lot and Access Walk........................................................ . ......................... " 13—Resolution No. 376-75 Preliminary Estimate, and ap- 529 proval of plans, specifications form of contract and etc., for the construction of East 16th Street Water Main Extension across the East 16th Street bridge to Area "C" of Industrial Park ............. " 531 13—Resolution No. 377.75 Necessity for Improvement for construction of East 16th St. Water Main Extension across the E. 16th Street bridge to Area "C" .......... 531, 569 INDEX—BOOK 105 1975 SUBJECT Page " 13—Resolution No. 378-75 Fixing date of hearing for con- struction of East 16th St. Water Main Extension across the E. 16th Street bridge to Area "C" .......... 53: " 13—Resolution No. 379-75 Granting Class "C" Beer Permit application........................................................................ 532 " 13—Resolution No. 380.75 Directing the issuance of Class ..C„ Beer Permit............................................................ 532 " 13—Resolution No. 381.75 Disposing of interest of property In T. McCraney's Second Addition to Dubuque to BethanyHome................................................................ 534 " 20—Resolution No. 382-75 Final Estimate for construction of Washington Street Traffic Diverters Project .... 544 " 20—Resolution No. 383.75 Accepting Improvement for the construction of Washington Street Traffic Diverters Project.............................................................................. " 20—Resolutioin No. 384.75 Authorizing the Mayor to sign Contract for the 544 a administration and operation of a Public Service Employment Program under Title VI of PL 93.303 .................................................... 545 " 20—Resolution No. 385-75 Approving the application of the owners in Hawkeye Estates to vacate all plats here- tofore filed or approved, and the dedication and acceptance of any streets as located within said Hawkeye Estate (HEFEL) ............................................ 546 " 20—Resolution No. 386.75 Approving the plat and certifi- cates dedicating Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Powers Place" (To be known as HILLCREST ROAD) ...................................................... 547 " 20—Resolution No. 387-75 Approving the dedication of an area known as "Hillcrest Road" in the plat of "Asbury Springs Subdivision No. 1" (Powers & Kaiser).............................................................................. 548 " 20—Resolution No. 388.75 Granting Class "B" (Hotel -Mo- tel) and Class "C" (Commercial) Beer & Liquor Li- cense applications.......................................................... 550 " 20—Resolution No. 389.75 Directing the issuance of Class "B" (Hotel -Motel) and Class "C" (Commercial) Beer & Liquor Licenses........................................................ 550 " 20—Resolution No. 390.75 Matching Resolution providing funds for Police Training, an Iowa Crime Commis- sionProject...................................................................... 540 " 20—Resolution No. 391-75 Establishment of a Community Development Commission for the City of Dubuque, Iowa.................................................................................... 540 " 27—Resolution No. 392-75 Urging serious consideration of an affirmative vote on the Dubuque Community School District Bond Referendum .............................. 554 " 27—Resolution No. 393.75 Approving lease between the City of Dubuque, Iowa by and through its Board of Dock Commissioners and the Dubuque Barge & Fleeting Service Company ................................... 558 " 27—Resolution No. 394.75 Recognition of Neighborhood Organizations for Membership on the Community Development Commission (North Dubuque Iht- provement Assn., Washington Neighborhood Coun- cil, 4th St. Neighborhood Assn., 11th St. Assn., Point Neighborhood Assn., and West End Home- ownersAssn.).................................................................. 559 " 27—Resolution No. 395-75 Annexing that parcel of real estate described as Iowa Department of Transpor- tation Property and the Kopper -Powers Ford, Inc., to the City of Dubuque, Iowa (See Resolution No. 453.75).............................................................................. 559 " 27—Resolution No. 396-75 Designating the City Manager as authorized Bargaining Representative for the City of Dubuque, Iowa .................................................. 560 " 27—Resolution No. 397.75 Granting Cigarette License ........ 561 " 27—Resolution No. 398.75 Granting Class "B" and Class "C" Beer Permit applications ...................................... 561 " 27—Resolution No. 399.75 Directing the Issuance of Class "B" and Class "C" Beer Permits ................................ 561 INDEX—BOOK 105 SUBJECT page 1978 " 27—Resolution No. 400-75 Granting Class "C" (Cornmer. Liquor License application .............. 562 " cial) Beer and 27—Resolution No. 401-75 Directing the issuance of Class Beer and Liquor Licenses.......... 562 "C" (Commercial) Nov. 3—Resolution No. 402.75 Decision of Council upon objec- form of contract and cost of tions to plans, specs., improvements, for construction of East 16th St. Water Main Extension across the E. 16th St. Bridge " to Area "C" of Industrial Park .................................. 3—Resolution No. 403.75 Ordering Construction for East 570 16th St. Water Main Extension across the E. 16th St. Bridge to Area "C" of Industrial Park ......... 570 " 3 --Resolution No. 4 W75 Approving the Article of Agree- ment establishing the Dubuque Metropolitan :%rea Transportation Study and authorizing the Mayor & " Clerkto sign .................................................................... 3—Resolution No. 405-75 Authorizing the Execution of a 571 Certificate of Completion for Ecumenical Housing, " Inc. ......................................................... .. 3—Resolution No. 406.75 Approving the Proposed Corri- 572 dor Location and Design Concept for a Mississippi River to Dickeyville Road in Grant County, Wiscon- " sin ..................................................................................I... 3—Resolution No. 407-75 Granting Class "B" & Class "C" 573 " Beer Permit applications .............................................. 3—Resolution No. 408.75 Directing the issuance of Class 573 "B" & Class "C" Beer Permits .................................. 574 " 3—Resolution No. 409-75 Granting Class "C" (Commer- 574 cial) Beer & Liquor License applications ................ " 3—Resolution No. 410-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor License ................ 574 " 10—Resolution No. 411-75 Accepting resignation of Donald R. Meyers as Councilman and appointing Thomas A. Tully Jr. as Councilman for the unexpired term of Allan T. Thoms, expiring December 31, 1975 .... 577 " 10 --Resolution No. 412-75 Preliminary Estimates, and approval of plans, specs., etc. for Contract No. 3 South Dubuque Sanitary Interceptor Sewer -HUD - WS -Iowa -99 ..................................................................... 580 " 10—Resolution No. 413.75 Necessity for Improvement for Contract No. 3 South Dubuque Sanitary Interceptor Sewer HUD -WS -Iowa -99 ...............................................580, 598 " 10—Resolution No. 414-75 Fixing Date of Hearing for Con. tract No. 3 South Dubuque Sanitary Interceptor Sewer HUD -WS -IOWA -99 .............................................. 581 " 10—Resolution No. 415.75 Granting Cigarette Licenses ...... 581 " 17—Resolution No. 416.75 Final Estimate for construction of the City of Dubuque 1975 Asphalt Paving Proj- ectNo. 1............................................................................ 585 " 17—Resolution No. 417-75 Accepting Improvement and Di. recting the Clerk to Publish Notice for construc- tion of 1975 Asphalt Paving Project No. 1 .............. 586 " 17—Resolution No. 418.75 Granting Class "C" Beer Permit application ...................................... ......................... . 587 " 17 Resolution No. 419.75 Directing the issuance of Class "C„ Beer Permit............................................................ 588 " 17—Resolution No. 420.75 Granting Class "C" (Commer. cial) Beer & Liquor License applications .................. 588 " 17—Resolution No. 421-75 Directing the issuance of Class 'C" (Commercial) Beer & Liquor Licenses ................ 588 " 24—Resolution No. 422-75 Relating Council Concern to Consultant on North-West By -Pass Route Study ... 595 " 24—Resolution No. 423.75 Authorizing the Mayor & City Clerk to execute a Contract for Engineering Ser. vices for a Corridor Location Study of a proposed North-West Arterial Roadway .................................... 595 " 24—Resolution No. 42475 Awarding Contract for construc- tion of 12" Water Main Project over the 16th St. Bridge between Area "'C" & Kerper Blvd. (Bra. conier)................................................................................ 597 INDEX—BOOK 105 1975 SUBJECT PRO " 24—Resolution No. 425.75 Decision of Council upon objee. 604 tions to plans, specs., form of contract and cost of improvement for construction of Contract No. 3 South Dubuque Interceptor Sanitary Sewer HUD - WS -IOWA -99 .................................................................... " 24—Resolution No. 426.75 Ordering Construction for Con- 598 tract No. 3 South Dubuque Sanitary Interceptor Sanitary Sewer HUD -WS -IOWA -99 .............................. 599 " 24—Resolution No. 427-75 Approving the conveyance of contingent interest of the City for property in 610 Wick's Addition to Roger A. Voss and Joyce Ann Voss....................................................................................599, 600 " 24—Resolution No. 428-75 Granting Class "C" Beer Permit application........................................................................ 600 " 24—Resolution No. 429-75 Directing the issuance of Class "C" Beer Permit............................................................ 600 " 24—Resolution No. .......75 Establishing a moratorium on all rezoning requests, and instructing Planning & Zoning Staff and Commission to schedule no re- 617 zoning request hearings on work sessions during the next 120 days (except for those already set for 618 public hearing and Council declared emergencies) (NOT ADOPTED).......................................................... 594 Dec. 1—Resolution No. 430.75 Schedule of Assessments for City of Dubuque 1975 Asphalt Paving Project No. 1 604 " 1—Resolution No. 431.75 Providing for the issuance of Street Improvement Bonds for the purpose of pro- viding for the payment of the Assessed cost of City of Dubuque 1975 Asphalt Paving Project No. 1 ...... 608 " Resolution No. 432-75 Awarding Contract for Contract 3 South Dubuque Interceptor Sanitary Sewer HUD Project Number WS -IOWA -99 to Tschiggfrie Exca- vating................................................................................ 610 " 1—Resolution No. 433.75 Granting Class "C" (Commer- cial) Beer & liquor license applications .................... 611 " 1—Resolution No. 434-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor License .................. 611 8—Resolution No. 435.75 Disposing of interest in Lot 1, except the southeasterly 48 feet thereof, of the Sub- division of "E. 7 ft. 10 in., of Lot 9, and Lot 11 and of N. 46 ft. 9 in. of Lot 13, Wick's Addn., to Roger A. and Joyce Ann Voss ............................ 617 " 8—Resolution No. 436.75 Granting Class "C" & Class 'B" Beer Permit application .............................................. 618 " 8—Resolution No. 437-75 Directing issuance of Class "C" & Class "B" Beer Permit .............................................. 618 " 8—Resolution No. 438.75 Granting Class "C" (Commer- cial) Beer & Liquor License applications ................ 618 " —Resolution No. 439-75 Directing issuance of Class "C" (Commercial) Beer & liquor licenses ........................ 619 " 15—Resolution No. 440.75 Approving dedication of drain- age and Green Area in Lot 1 of 2 of 1 of 1 of 1 of the East one half of the Southwest One Quarter of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque. (Dubuque Community School District) ........................................ 624 " 15—Resolution No. 441.75 Matching Resolution to provide funds for Juvenile Justice Conference Training Project.............................................................................. 625 " 15—Resolution No. 442-75 Approving the Intergovernmen- tal Agreement creating the Dubuque Metropolitan Area Solid Waste Agency as amended .................... 625 " 15—Resolution No. 443.75 Publicly thanking and commend- ing "The Telegraph Herald" for its action in pub- lishing the City Council agenda .............................. 626 " 15—Resolution No. 44475 Granting Cigarette licenses .... 626 " 15—Resolution No. 445.75 Granting Class 'B" Beer Permit application........................................................................ 626 " 15—Resolution No. 446-75 Directing the issuance of Class "B„ Beer Permit............................................................ 627 INDEX—BOOK 105 SUBJECT Page " 15—Resolution No. 447-75 Granting Class "B" (Hotel -Mo- 'C" (Commercial) Beer & Liquor Li - tel) and Class b 27 cense applications....................................................... " 15—Resolution No. 448-75 Directing the issuance of Class Class "C" (Commercial) Beer "B" (Hotel Motel) and 627 & Liquor Licenses ................. ••••••.C'•••••••• •• er- ..... (Commr- " 15—Resolution No. 449-75 Granting Class "n .................. & Liquor License application 628 cial) Beer " 15—Resolution No. 450-75 Directing the issuance of Class 628 (Commercial) Beer & Liquor License ................ " 15—Resolution No. 451-75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 452-75 Directing the issuance of Class 629 " 15 --Resolution No. "C' (Commercial) Beer & Liquor License ................ 629 " 22—Resolution No. 453.75 Annexing approximately 21.311 to the City (Kopper -Powers Ford property) acres (Repealing Resolution No. 395.75) .............................. " No. 45475 Approving the plat of Blocks 16 633 22 --Resolution & 17 in Mettel-Bryne Addition in the City. (Mettel Realty & Investment Co.) ............................................ " 22—Resolution No. 455-75 Establishing and declaring the 037 work period for employees engaged in LAW EN- and de- FORCEMENT activities and establishing claring shift trading policy ........................................ 639 " 22 --Resolution No. 456.75 Establishing and declaring the work period for employees engaged in FIRE PRO- TECTION activities and establishing and declaring shift trading policy ........................................................ " 22 --Resolution No. 457-75 Granting Class "B" and Class 640 "C" Beer Permit applications ...................................... " 22—Resolution No. 45&75 Directing the issuance of Class 640 'B" and Class "C" Beer Permits ................................ 641 " 22—Resolution No. 459-75 Granting Class "C" (Commer- cial) Beer & Liquor License application .................. 641 " 22—Resolution No. 460-75 Directing the issuance of Class "C" (Commercial) Beer & Liquor Licenses .............. 641 1975 INDEX—BOOK 105 SUBJECT Page S Jan. 6—Sewage and Parking Facilities and Water Utility, audit for same for fiscal year January 1, 1974 through December 31, 1975 ............................. 2 " 6—Sidewalk Program for 1973, Schedule of Assessments, issuance of Street Improvement Bonds for same .... .... 6,7, 10 " 13—Speer, Paul D., & Associates, approving of the services of same as financial consultants in connection with applications for proposed issuance of Industrial RevenueBonds................................................................ 20, 144 " 13 --Slattery, Robyn, reappointed to Youth Services .......... 22 " 13 --Smith, Doretha reappointed to Human Rights Commis- " sion.......................................... ................... .. 14—Sweeney, Dir. William, business agent for the Operat- 22 ting Engineers, stating union contract was ratified conditionally and they would honor rejection of contract............................................................................ 253 " 20—Signs, regulating the erecting, maintaining, repairing. servicing, installing, altering and inspection of .................................................................................... same38 " 20—Speer, Paul D. & Associates, reference to proposed Hospital Facility First Mortgage Revenue Bonds .... 46, 68,484 " 27—Stackis, Emil appointed to Area "C" Development Committee........................................................................ 51 " 27 --Spirit Grant, City, application for same to the National Endowment for Arts ...................................................... 54 Feb. 3—Senior citiz. ns. Area One Vocational Technical School, organizational meeting for those interested In services for same ...................................................... 59 " 3—Sutter, James J., and Joseph F. Davis, Granted Ciga- rette License.................................................................... 62 " 10—Supervisors, County Board of, requesting charge of maintenance of Law Enforcement Center ................ 65, 131 " 10—School Signal Improvement Project under Federal TOPICS Program, "Location and Design Study"..79, 136, 188, 230, 262 " 10—Sirloin Stockade, Inc., Granted Cigarette License ...... 73 " 14—SEWAGE TREATMENT PLANT, Citizen's Task Force be appointed for procurement of monies from State for funding same rather than Lobbyist ......77, 298,317 " 2"OUTH DUBUQUE SANITARY INTERCEPTOR SEW- ER, Dept. of Environmental Quality extending construction permit No. 74-81-S for one year on same.................................................................................. 78, 187 " 24—Sweeney, Mr. Wm., Pres. of Local #758, relative to Casual Day Proposal...................................................... 89 Mar. 3—Schilsky, Betty, Notice of personal injuries claim ........ 94 " 10—Strub, Raphael H., Sidewalk Construction Bond sub- mitted................................................................................ 101 " 10—Schwaegler, Mrs. Harold, notice of personal injury claim... ......... ....... ..... ....... ..101, ... ...... ...... ...... .............. .............. 156 " 10—Seipp & Hansel, assessing garbage & refuse collection charges.............................................................................. 105 " 10—Schuster, Mrs. Leo, relative to enforcement of the lit- terlaws............................................................................ 112 " 17—Suess, Lucille A., Notice of personal injuries claim ....113, 592 " 17 --Spielman, Mary M., Notice of personal injuries Claim.. 113, 280 " 17—Stecher, John J., requesting gas service at 1676 Mar - moraSt............................................................................. 114 " 17—Schwartz, Lawrence E. & Ethel M., Granted Class "B" Beer Permit and Granted Cigarette License .... 116, 268 " 17—Schumacher, Earl Edmund, Granted Class "C" Beer Permit......................................................... 116 " 24 -State Comptroller advising certifications filed after March 17th, it is appropriate to attach statement as to reason for failing to meet deadline ............ 119 " 24 --Sewage Disposal Works, Municipal, and Parking Facil- ities audit reports for year ending December 31, 1974, submitted................................................................ 120 INDEX -BOOK 105 -- -- — -- -- -- --- 1875 SUBJECT- Page " 24—St. Patrick's Parish, Granted Class "B" Beer Permit.... 123, 300 " 24—Sfikas, Pete S., Granted Class "C" (Commercial) Beer 123 & Liquor License............................................................ 24 --Sorensen, George D. & Mary Lou, Granted Class "C" 123 (Commercial) Beer & Liquor License ........................ Apr. 7—Solid Waste Agency, Intergovernmental Agreement for the creation of Dubuque Metropolitan same, submitted by City Engineer ........................................ 129, 149 " 7—Spiegel• William, Sidewalk Bond Continuation Cer- 130 tificatesubmitted............................................................ " 7--Sinhold, Fred H., et al (50 signers) requesting parking be allowed on one side of Woodlawn only from in- tersection of Asbury & Woodlawn, north approx. 3001 ....................................... 133. 340 .......................................... " 7—Sidewalk construction along the floodwall, Right -of - 136 entry agreement with U.S. Army Corps of Engineers " 7 Steeklin, Richard N. and Melvin B. McSperrin, Granted Class "C" (Commercial) Beer & Liquor License .... 138 " 14--Schiltz, Joseph, recommending suggestion box for theCity............................................................................ " 14—Street Program for 1975 submitted by City Engineer 139 140 " 14—Smith, F. N. Construction Co.. General Liability Policy submitted..................................................................... 140 " 14 -Schroeder, Ann, relative to beautification .................... 142 " 14 --Sierra Club, relative to beautification ............................ 142 " 21—Stackis, Councilman, appointed to Metropolitan Area Solid Waste Agency........................................................ 149 " 21—Spiegel, William, General Liability Policy submitted 155 " 21—St. John's Episcopal Church requesting demolition per- mit to demolish house at 1458 Locust Street ........ 159, 164 " 21—Storm Sewer Improvement for 1973 completed ............ 160 " 25 --Schroeder, Donald G., :appointed to Board of Appeals. BuildingCode................................................................164. 619 " 25 --Scull, LaVon, Granted Cigarette License ........I ............... 164 May 5—Sports Programming deletion on Cable TV consid red byF. C. C......................................................................... 173 " 5—South Way & Dana Dr., Westchester Inc., requesting street lights for same ................................................ 176 " 5 --Sutton. Mr. & Mrs. Jahn M., authorizing City Attorney to institute Eminent Domain Proceedings against same to secure perpetual easements for installation, location and maintenance of South Dubuque Inter- ceptor Sanitary Sewer .................................................... 191, 516 " 12--Schromen, Kenneth, Sidewalk Construction Bond sub- mitted................................................................................ 198 " 12—Smith. Melita A., relative to removal of old street lights in lower end of town ............................................ 199 " 12—Si;warth, Rev., relative to Washington St. Diverters.... 200 " 12 -San Jose Swimming Pool and Handball courts, lease agreement with Loras College for same .................... ............................................. 202, 207. 480. 481, 500, 528 " 19—Swift Plumbing &Heating Co., General Liability Policy submitted.......................................................................... 210 " 19—Schroeder, Karl. Library Board requesting appoint. ing of same to board .................................................... 212 " 27—Schnorenberg, Paul and Grace, objecting to proposed improvement for Asbury Rd ....................... 225 . ... " 27—Schwinn, Mrs. Lester, objecting to proposed improve- ment for Asbury Rd ....................................................... 225 " 27—Section 23 Housing Assistance Payments Program, authorizing the submission of request to convert same to a SECTION 8 HOUSING ASSISTANCE PAYMENT PROGRAM ................................................234. 518 June 2—Smith, F. N., excavate in First Street ........................ 247 " 2—Smith, Donna L., et al, requesting stop signs at Keyway & Keymont ........................................................ 247 " 2—Sewer Connections, requiring abutting property own- ers on Rockdale Rd. to make same and Water and Gas Connections .........................................1.......... 250 INDEX—BOOK 105 1975 - - - SUBJECT page " 9 --State Auditor, statement for year ending Dec. 31, 1973, amt. of property tax paid to cities and towns in Dubuque County............................................................ 253 " 9 --Street Construction Program for three year, submitted 264 " 9-Schlickman, Douglas, Granted Cigarette License ........ 268 " 9--Scholimeyer, Paul W., Granted Cigarette License and granted Class "C" (Commercial) Beer & Liquor License..............................................................................268, 306 " 9 -Schulte, Albert J., Granted Cigarette License ........ 268 " 16 -Savary, John I.., Granted Cigarette License & Liquor License and granted Class "C" (Commercial) Beer License..............................................................................295, 306 " 16-Schneller, Mathias, Granted Cigarette License ............ 295 " 16 -Schumacher, Earl E., Granted Cigarette License ............ " 16 Joseph 295 --Schumacher, A., Granted Cigarette License .... 295 " 16- Sheppley, W. S., Granted Cigarette License .................... 295 " 23 -Solid Waste Disposal Project Permit, authorizing the submission of an application for temporary same .... 303 " 23-Steeklein, Kenneth, Granted Cigarette License ........ 304 " 23 -Spielman, Charles, Granted Cigarette License ........ 304 " 2"tampfer Dept. Store, Granted Cigarette License ........ 304 " 23 --Sutter. Joseph. Granted Cigarette License ................ 304 " 23-4Sand. Donald T., Granted Class "C" (Commercial) Beer & Liquor License and granted Cigarette License .... 306, 319 " 23-Spiegelhalter, Melvin A., Granted Class "C" (Commer- cial Beer & Liquor License ............................................ 308 " 30 -Swimming Pool rate increase, Richard A. Fuerst objectingto same ........................................................ 309 " 30 -Strohm, David, Adm. Medical Associates, in favor of hospitals being permitted to sell optical goods and supplies............................................................................ 310 " 30 -Slade, Mike, objecting to sale of optical goods in "Hospital Medical Zone" ................................................ 310 " 30 -Smith. Lowrie, Granted Cigarette License ................ 318 " 30 -Schmitz, David, Granted Cigarette License ................ 318 " 30--.Steeklein, Richard N., Granted Cigarette License ........ 318 " 30 -Stewart, Gary, G., Granted Cigarette License ................ 318 " 30-Schueller, Rita, Granted Cigarette License ................ 319 " 30 -Sears Roebuck & Co., Granted Cigarette License ........ 319 " 30 -Shanahan, Francis J., Granted Cigarette License ........ 319 " 30 --Sirloin Stockade Restaurant, Granted Cigarette License 319, 479 " 30 -Sorensen, George, Granted Cigarette License ............319, 479 " 3"chwers. James, appointed to Board of Appeals - BuildingCode................................................................ 321 July 7-Schromen, Ken, General Liability Policy submitted.... 324 7 --Street Improvement Bonds to be issued Inc payment of City of Dubuque 1974 Asphalt Paving Project No. 1................................................................................ 932 l"hanley, Donald P. and M. Jack DeChristopher granted Sunday Sales Permits .................................................... 346 21 -Swimming Pools, ordinance providing for same........ 351 21 --Swimming Pools, City, State Dept. of Health sub- mitting reports on maintenance & operation of same 356 28 -Study Committee of Dubuque Board of Realtors, rela- tive to Agricultural Zone in proposed Zoning Ord- inance................................................................................ 360 28 --Sacco, Betty, supporting proposed Zoning Ordinance 360 28 --St, Anthony Messenger, requesting to solicit maga- zine subscriptions............................................................ 361 Aug. 4 -"Sergeant Floyd," tugboat, planned visit ........................ 373 4 -Setter, Dave, relative to zoning on Washington Street 374 " 4 -Safety Enhancement Project, DOT advising of letting ofsame................................................................. 418 4 --Schnee, Steven T., and Gene Sullivan, Granted Cigar- ette License .............................................. 425 " 4 -St. Columbkille's Church, Granted Class "B" Beer Permit.............................................................................. 425 4-Sfikas, Pete S., Granted Class "C" (Commercial) Beer & liquor License............................................................ 427 4 -Spielman, Helen, appointed to Advisory Commission 427 INDEX -BOOK 105 1975 SUBJECT Page " Schlotzhouer, Wesley, appointed to Library Board ........ 427 " Sheldon, Joan, appointed to Low -Rent Housing Com- mission.............................................................................. " 11 --Social Services advising of public hearings on establish- 427 ment of social service system .................................... .......... 429 " 11—Symphony Orchestra, fractional mill bond referendum for support of same, suggested by Mayor Justmann 430, 467 " 11—Smith, JoAnn, relative to needs of the Dubuque Sym. phony................................................................................ 430 " I1—Shiras Avenue, Walter Pregler et al, requesting rein• statement of bus service on same ................................ 434, 475 " 11 --Sister Kenney Institute requesting to conduct their an. nual door to door drive in November .................... 435 " 11—School District requesting permission to use aerial display of fireworks for Sept. 19, 1975 ................ 435 " 11—Street Finance Report for 1974 and first six months of 1975 submitted by City Manager ................ . .... 435 " 11--Spiegelhalter• Melvin A., Granted Cigarette License 436 " 11 --Seitz. Catherine appointed to Library Board ............ " 18—"Sergeant Floyd," 438 tugboat, permanently moored in DubuqueHarbor............................................................441, 449 Sept. 2 --Sewer Lines, County Health Dept„ relative to obtain- ing sewer in County for residents of Old Mill Road andManson Road ............................................................ 450 " 2—Saele, Arvid H., relative to adopting ordinance to protect non -subscribers of cable TV from inter- ference........................................................ „ 2—Schiltz Development Corporation, approving the Plat 451 of Lots 1-12, inclusive, Block No, 6, all in Sunset Park Subdivision No. 3 in City of Dubuque, Iowa 4B0 2—Scherer, Emma Margaret, Granted Class "B" Beer Per. mit and Cigarette License ............................................318, 462 8—Shot Tower Park and Petrakis Park, Recreation De. partment submitting comments relative to same " 8—Shigellosis and river pollution, Advisory Commission 464 submitting recommendations for the remedy of same......................................... ..... " 8—Schulte, Robert John, Sidewalk do •• ' Construction Bond 467 submitted ............................................................................ " 8—Sisters of St. Francis, vacating r portion of Windsor Extension for same ................................ 468, 502 8—Sertoma Club requesting to sell light bulbs for retard- ed on Sept. 19 & 20 ........................... 15—Senior High School, homecoming " ..................... ' ' g Parade permit on 470 Oct. 3, 1975 „ ................ 15—Setter, David, appointed to 7,oning Board of Adjustment 479 29—Sunrise Heights, Block 15, Water Main Extension, also 489 permit for sanitary sewer extension, approval by DEQ ............ .......... ... „ ......................................... 29—Shivley, Mary, Notice of personal injuries claim............ 491 495 29—St. Columbkille's Church refund on unexpired portion of Beer License ...I ...................... .,..................................... 29 ---Stone Hill Community Subd. No., final plat approved 29—Sisters of St. Francis, 497 503 approving plat of "Stone Hill Community Subd. No. 1" for same...................... " 29—Sunrise Heights, Block 15 in same, final plat approved 503 509 Oct, 7—Sherkow, Frank, relative to establishing D.M.A.T.S. 7—"Safety 515 on the Streets Week," proclamation requested by Insurance Women of Dubuque ................................ " 7—Sorensen, George & Mary Lou, refund on unexpired 517 Portion of Beer -liquor License ................................. " 13—Scovill, of Carodc•o, advising of move to Rantoul, Illi- nois ............... 517 „....................................... ........... 13—Smith; JoAnn, relative to Bridge painting Julien Dubuque ............................ 524 . ,. .............................. .. 13—Snowmobiles to be used 525 in Bunker Hill, requested by Mayor Justmann .................................. 526,565 " 13—Sewer facilities extension on south side of J.F.K. Rd. to 32nd Street, requested by Carl W. Thumser .. • • 527 INDEX—BOOK 105 1975 _ _ _ SUBJECT Pate " 13—St. Columbkille's School submitting course of action to eliminate traffic hazard on Bryant & Grandview and Bryant and Dodge ................................................ 527 " 20 --Spiegel, William, General Liability Policy submitted 537 " 20-- Stackis, Councilman, delegated as voting representa- tive of City at Annual Congress of Cities ... ....537, 621 " 20—Snowmobile Assn., submitting proposal for rescue equipment and advice and requesting financial assistance.......................................................................... 538 " 20--Schute. Donald, relative to A & P Store to clean " remises surrounding their property on Asbury Rd. 27—smith, Wm. H., et al, residents of Victoria Place, 538 re- questing erection of two street lights at intersection of Diane Court & Victoria Place and turnaround at end of Victoria Place ................................................ 557 " 27--Schurbon, Richard A., Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License ........318, 562 " 27—Spielman, Helen Ann, Granted Class "C" (Commercial) Beer & Liquor License ................................................ 562 " 27 -Schantz, Dean, appointed to Rehabilitation Commission 568 Nov. 10 --Stimson, Terry, Notice of Personal property claim 579 " 10—Seventh Step Foundation, objection to rezoning in- tersection of Judson Dr. & Asbury Rd. for same 579 " I"outh Dubuque Sanitary Interceptor Sewer, Contract No. 3, HUD -WS -IOWA -99, submitted ................580, 597, 610 " 17—Smith, Lowrie E., Granted Class "C" (Commercial) Beer & Liquor License ................................................ 589 " 2"cherr, Gertrude E., objecting to rezoning for "adult entertainment"................................................................ 590 " 2"awvell. Bob, requesting rezoning of Southern part of Washington Neighborhood ............................................ 594 Dec. 1—Schuller, Delores, Notice of personal injuries claim by Blue Cross -Blue Shield, subrogee ................................ 604 " 1 --Street Improvement Bonds, providing for issuance of same for purpose of providing for the payment of assessed cost of City of Dubuque 1975 Asphalt Paving Project No, 1 .................................................... 608 " 1—Soley, Susan, appointed to Human Rights Commission 612 " 8—Smith, H. Spencer, appointed to Community Develop- ment Commission............................................................ 619 " 8—Schiesl, Mary J., appointed to Community Develop- ment Commission............................................................ 619 " 8—Shea, Thomas D., appointed to Community Develop- ment Commission............................................................ 619 " "anders, Donald E., appointed to Community Develop- ment Commission............................................................ 619 " 15 --Section 8 Housing Assistance Plan, update requested by Councilman Lundh .................................................... " 15—Schnee, Steven T., granted Class "C" (l) Beer & Liquor License " 15 -Schumacher. Joseph A., granted Class "C" (Commer- cial) Beer & Liquor License ........................................ 629 " 22 --St. John's Lutheran Cemetery Ass'n, requesting in- s:allation of street light on Davis Avenue ................ 637 " 22—State of Iowa Public Employment Relations Board representing Dubuque Ass'n. of Professional Fire Fighters, Local #353 .................................................... 639 Apr. 7—Tschiggfrie Zoning on Julien Dubuque Drive, Council opposingsame................................................................ 128, 195 " 21—Thermolyne by Walter Johnson, relative to beautifica- tion of Kerper Blvd. Median ........................................ 155, 583 " 21—Timber Ridge Addn., approving pplat of Blocks 1. 2 and 3, correction of Resolution No. 386.74. (Richard C. Henschel).......................................................................... 159, 444 May 5—Teleprompter Cable TV advising of sports program- ming deletion considered by FCC ............................ 173 " 5—Truck Assn., Iowa Motor, 1976 Convention to be held 176 " 5—Thompson's Food Markets, Oky Doky ill, refund on unexpired portion of Beer Permit ........................ 176 11 5-71rieweiler, Mary, appointed to Cable -TV Advisory 195 Commission..................................................................... 12—Tully, Tom, relative to Dubuque Lumber Co.'s petition to expand their business ................................................ 197 " 12—Thompson's Food Market et al, requesting one hour parking meters on First Street, between Locust & Main.................................................................................. 200, 325 " 12—Tucker, Benjamin, relative to Liquor License for BrokenSpur.................................................................... 202 INDEX—BOOK 105 -- SUBJECT – page 1975 T Jan. 6—The Telegraph -Herald, appointed the official news - 1 " paper of the City ....................................................... 6—Thermolyne Co., City Solicitor advising renegotiations 97, 134lica- " have been made with same ...............••••••••• ...............5, 13—Teleprompter Communications Corp., filing dpo Sta- of License of Business Ra tion for renewal 15 ................................... tion KUX-87 ........................... to the Human Rights Com " 13—Tully, Thomas, reappointed 22, 578 " mission .................................. ............................................ 27—Thruput, Dock Commission relative to construction dock facilities in Dove Harbor b100, of whaft and .................... 127 Feb. same ..................................... 3—"The Becker Report" submitted by City Management that TV signal 57 " 3—Tri-State Electronics Ass'n., opinion by TV -FM Cable Co. still unsatisfactory 57 " supplied 3—TV-FM Cable signal and price increase, objections c 438, 64, $ 440 " ............ to same ................57. .................... 3—Tanktek Industries, objecting to proposed 4th Street 59 " Redevelopment ....................................... •....................• • 10—Teleprompter Cable Co., submitting proposals for if rate increase is granted ........................64, 77, 81 " service 10—Tower Street between 6th & Wall Streets, in Dubuque Company's Addn., vacation Harbor Improvements of portion of same requested by Fischer Companies. .....65, 112, 113, 221, 247, 323, 418 " 10—TOFICS Program, Federal, School Signal Improve- Project under same, "Location and Design ment ............................................ Study" ........... 70, 136, 188, 230, 262 " 10—Transit System, applying for a grant under the Urban Mass Transportation Act of 1964, as amended for " newbuses...........................................................73, 110, 336, 370 24—Thermolyne Corporation, Mayor's Industrial Commit- tee submitting modification of recommendation 97, 134 " concerning option with same................................78, 24—Thompson, Edna, relative to G.A.1.N., Girl's Center 79 " 24—Tierney, Pat J., relative to parking area on Dodge 80 " Street ................................................. ............................... 24—Thomas, William, Notice of Suit settled; $10.25 for " CourtCosts........................................................................ 24—Thompsons Food Markets. Inc., Oky Doky #Ell, Granted 80 Class „C„ Beer Permit ................................................ 90 Mar. 10—Terrace Heights Mobile Home Park, reclassification of portion of property in same, petition of Manternach DevelopmentCo............................................................. 102, 132 119 " 24—Tax Asking cut by $225,000 ................................................ 126 " 25—Tax Asking reduced by 2 mills—$256,319 .................... Apr. 7—Tschiggfrie Zoning on Julien Dubuque Drive, Council opposingsame................................................................ 128, 195 " 21—Thermolyne by Walter Johnson, relative to beautifica- tion of Kerper Blvd. Median ........................................ 155, 583 " 21—Timber Ridge Addn., approving pplat of Blocks 1. 2 and 3, correction of Resolution No. 386.74. (Richard C. Henschel).......................................................................... 159, 444 May 5—Teleprompter Cable TV advising of sports program- ming deletion considered by FCC ............................ 173 " 5—Truck Assn., Iowa Motor, 1976 Convention to be held 176 " 5—Thompson's Food Markets, Oky Doky ill, refund on unexpired portion of Beer Permit ........................ 176 11 5-71rieweiler, Mary, appointed to Cable -TV Advisory 195 Commission..................................................................... 12—Tully, Tom, relative to Dubuque Lumber Co.'s petition to expand their business ................................................ 197 " 12—Thompson's Food Market et al, requesting one hour parking meters on First Street, between Locust & Main.................................................................................. 200, 325 " 12—Tucker, Benjamin, relative to Liquor License for BrokenSpur.................................................................... 202 INDEX -BOOK 105 1975 SUBJECT Page " 19—Trueblood, Terry, relative to San Jose Swimming Poolagreement................................................................ 207 " 19—Transit Board, submitting minutes of their meetings. .................................................... 208, 339, 475, 492, 515, 565, 591 " 19—Teleprompter, quarterly service report submitted ........ 209, 339 " 27—Tri-State Softball Tournament, Granted Class "B" BeerPermit.................................................................... 240 June 2 --Thole, Cecelia, Notice of personal injury claim ........ 246 " 2--Tigges, J. G., excavate in Dana Drive ............................ 247 " 2—TRAFFIC SIGNALS, construction of same at Grand- view Ave. & Dodge St . ........................................249, 287, 314 " 9—THEATERS, ordinance enabling new provisions relat- ingto same........................................................................ 256 " 9—Transfer of Funds, approval of permanent of same 257 " 9—TRANSIT AUTHORITY, Ordinance appointing same for the City and granting the Powers and Fixing the Duties of said agency ............................................ 259 " 9—Tegeler, Earl, Granted Cigarette License .................... 268 " 9—Tschiggfrie, Raymond, Granted Cigarette License .. 268 " 16—Thompson's Food Markets, Inc. Oky Doky #8, Granted Class "C" Beer Permit ................................................ 293 " 16—Tressel, Allen C., Granted Cigarette License ............ 295 " 16—Thompson's Food Markets, Inc., Granted Cigarette Licenses(3).................................................................... 295 " 23—Tri-State Paving Div. awarded contract for 1975 As- phalt Paving Project No. 1 ......................... .............. . 300 " 30—Treatment Plant Improvements Contract II B, Phase II -Contract II, for same has been completed ............ 316 " 30—Trausch Baking Co., Granted Cigarette License ........ 319 July 7—Tower Street, proposed vacation to Fischer Companies 323 " 14—Table Mound Mobile Home Park Project, Water Main Extension approved for same by Iowa DEQ ............ 341 " 14—Thoms, Councilman, submitting resignation effective July19, 1975................................................................... 348 " 21—Teleprompter advising crew checking microwave ........350, 451 " 21—Teleprompter, DOT submitting grant approval for same to install underground conduit system on WackerDrive.................................................................... 356, 418 " 28—Turnquist, Ed, objection to RV section of proposed Zoning Ordinance............................................................ 360 " 28—Tully, Tom, Jr., relative to staff performance of Human Rights Dept ......................................................... 361 " 28—Thompson's Food Markets, Inc., Granted Class `B" BeerPermit.................................................................... 372 Aug. 4—Tugboat "Sergeant Floyd". planned visit ........................ 373 " 4—Transit Board, appointment made to same .................... 427 " 11—Traffic Committee, submitting petition from resi- dents on Keyway Drive ................................................ 432 " 11—Transit Authority to set up their meetings on a monthly basis...............................................................434, 442 " 11—TV Advisory Commission requesting clarification of Ordinance No. 8-75 regarding Commercial Rates ontelevision.................................................................... 435 " 11—Transportation Committee, Citizens, appointments to same................................................. I .......................... ...... 438 " 18—Teleprompter advising Council meetings will not be aired for several weeks, due to moving to a new location............................................................................ 440 " 18—Tugboat "Sergeant Floyd" permanently moored in Dubuque Harbor............................................................441, 449 " 18—Teleprompter Cable TV, new manager is Ed McCullough 447 Sept. 2—Thoms, Allan T., submitting proposed paint job for Dubuque -East Dubuque Bridge .................................... 449 " 2 --Tri-State Paving Div., Sidewalk Construction Bond submitted.......................................................................... 454 " 2—Topeka Inn Management, Inc., Granted Class "B" (Hotel Motel) Beer & Liquor License .................... 463 " 8—Thruput opposing 4th St. redevelopment .................... 465 r— INDEX -BOOK 105 SUBJECT _ Page 1975 ---- _ . " 15—Transit Manager advising of reinstatement of bus on ............. 475 Shiras Ave. on school days ............................. . ivision of one " 29—Tri-State Company, award d contract for St dose Parking Lot and Access Sidewalk Project ............ 501 bd No 2 final plat approved ............ 503 " It 29—Twin Ridge Su . Structure & revaluations of properties in City, 513 29—Tax report given on same .................................................... Oct. 7—Talmo, Joyce L., Notice of Car Damage Claim ......516, 592 Company awarded contract for " 7—Tsehiggfrie Excavating 5th Street Parking Lot ............................................ Board, appointment made to same .... 518 523 " to 7—Transit Trustees 7—Tully, James J., appointed to Rehabilitation Housing 523 " Commission ....*exl..Insi......"o .............. .......................... 13—Thumser, Carl W., requesting extension of sewer J.F. K. Rd. North to facilities on south side of 257 " 32ndStreet ...................................................... . 20—Thoms, Allan T., member of D.O.T. expressing ap- preciation for hospitality extended to Legislative Visitation Committee while in City, Oct. 6th & 7th 536 Nov. 3—Teleprompter Corp. et al, Certificate of Insurance 566 ......... .. submitted ... ••• ...... Councilman t.. fill 10—Tully, Thomas A., Jr., appointed term of Allan T. Thoms .................... 577 " the unexpired 17—Teleprompter advising of submitting certificate of 583 " compliance to FCC ........................................................ 17—Town Clock Inn, Granted Class "C" (Commercial) " Beer & Liquor License ................................................ 24—Teleprompter Cable TV submittinga resolution for of 589 consideration relative to liabilty of payment royalties on broadcast signals carried by copyright cable systems. (NOT ADOPTED) ................................ 599 " 24—Thompson's Food Markets. Inc., Granted Class "C" 600 BeerPermit.................................................................... Dec. 1—Turnquist, Nels, approving of Rockdale Rd. improve- ment, objecting to failure to erect truck traffic signs.................................................................................. 604 " 1—Tschiggfrie Excavating awarded contract for construe - tion of Contract 3 South Dubuque Interceptor San- itary Sewer HUD -WS -IOWA -99 project .................... 610 " 8—Tegler, Earl John, Granted Class "C" Beer Permit .... 618 " 15—Thru-put, U.S. Corps of Engineers advising of ap- plication for Dept. of Army permit to reconstruct existing dock facilities at same ................................ 621 " 15—Telegraph Herald, commended for publishing the City Council Agenda .................................................... 626 INDEX—BOOK 105 1975 -..-------SUBJECT - Page U 101 Jan. 27—Urban Renewal Project, accepting work performed under demolition contract No. 1-74 for same. (Parcel 15-4).................................................................... 54 Feb. 3—Urban Renewal Project, Granting an extension of time for R. Hampton to commence construction on cer- 133 tain land in same........................................57, 81, 95,104, 270 " 3—Urban Renewal submitting Certificate of Completion to conduct a Hunger Walk on April 26, 1975 ............ for Dubuque County (County -City Law Enforcement June 16—UNIVERSITY AVENUE PEDESTRdAN CROSSWALK center Building)............................................................ 60 " 3—Urban Renewal, quicken the sale of land in their area 63 " 24—Unions, relative to proposed Casual Day ........................ 89 " 24—Unions. Fire Fighters, General Drivers, Amalgamated Union, Policemen's Protective Association, agree- mentmade with............................................................ 90 Mar. 10—U.S. Census Bureau, to take special census of the City in September, 1975 ................................................ 101 " 10—University, 3100 Block of same, Frank Hardie Adver- tising Inc., requesting rezoning of portion from Single Family to Business Classification ................ 103 Apr. 7—United Spanish Americans Auxiliary requesting per- mission to sell flowers on April 25th & 26th ............ 133 it 14—University of Dubuque Campus Ministry requesting to conduct a Hunger Walk on April 26, 1975 ............ 141 June 16—UNIVERSITY AVENUE PEDESTRdAN CROSSWALK construction of same ................................................289, 327, 344 " 23—Udelhofen, Gerald, permission to excavate .................... 300 " 23—Urban Renewal Project, approving the Fixed -Price Competition Method for offering certain land in the Downtown, Iowa R-15, for redevelopment by Private Developers .......................................... 301 " 30—University of Dubuque, Granted Cigarette License........ 319 " 30—University Shell Service, Granted Cigarette License.... 319 July 28—Urban Renewal Land, declaring intent to sell a portion of same to Dubuque Five Flags Center Fund 367, 458, 507 Sept. 2—U.S.S. Dubuque, plat of same presented -by Hans Zurcher.............................................................................. 449 " 2—Unsen, John, relative to obtaining sewer in County for residents of Old Mill Road and Alanson Road ........ 450 " 2—Urban Renewal Project Area, vacating a certain alley insame............................................................................ " 8—Urban Renewal Project Land, authorizing the use of 455 same for temporary off-street parking purposes ....473, 498 Oct. 13—U.A.W., Local 94, requesting an Ordinance to contain package of every consumer commodity offered for retail sale bear price in Arabic Numbers ................ 526 " 20—"United Nations Week" proclaimed for week of Oct. 19ththru 24th................................................................ 538 Dec. 15—U.S. Corps of Engineers advising of application of a Dept. of Army permit to reconstruct existing dock- ing facilities at Thru-Put........................................ 621 INDEX—BOOK 105 SUBJECT --- Page 1975 V Jan. 6—Voggenthaler, E. J. Co., objecting to proposed area of 4 E. 7th St. for beautification and paving Avoca St, located west of W.P.L. " 13—Vacating a portion of of east 28' of west 50' of the west loo' of Lot 2 of M.L. 179 to Harold B. & Dorothy Demkier ........ 17 " 27—V.F.W. requesting to hold Buddy Poppy Sales on 53 May9 & 10...................................................................... . Feb. lo—Vacation of portion of Tower St. between 6th & Wall Sts in Dubuque nts Harbor, Company's Addn9requ requested by Fiscbor her es. 65. 112, 221, 247, 323. 418 ................................. " 24—Vorwald, Dick, of North Dubuque Improvement As- sociation, reference to Block Grant Program, re- 79, 125 habilitation of neighborhoods .................................... 122 24—Veteto, Peggy, relative to Project PACE ........................ AFr. 14—Volkman, Mary, Notice of car damage claim ....... 141. 199 ' 14—VanDuelman. Carl, Granted Class "C" Beer Permit 147 " 28—Viertel, Merle A., appointed to Heating, Ventilating, Air.Conditioning and Refrigeration Board ............ 168 May 5—Vacating of platted ten foot (101) easement in Lot C, Block 12 in "Key Knolls Subdivision." (Hillcrest Builders)............................................................................ 192 " 19—Vize, Laurence et al, requesting blacktopping of area under basketball net at Madison Park .................... 212 " 27—Venture Ct., amending Resolution No. 279-74 approv- ing "Westchester" in the City for the purposes of adding a street previously not included ........ 232 June 9—Valentine Drive, street lighting requested on same 253 " 16—VanDuelman, Carl, Granted Cigarette License ............ 296 " 23—Vanpooling, recommended by Councilman Thoms ........ 298 " 23—Village Inn Restaurant, Granted Cigarette License .... 304 " 23—Vincent, Brian, Granted Cigarette License ................ 304 " 30—Veterans Memorial Hall Complex, changing Five Flags concept to same............................................................ 309 " 30—Vacating portion of Lot 809 in A. McDaniels' Subd. to Leo Kringle............................................................310, 345, 423 " 30—Vacating Lot 1 of Lot IA in the Town of Eagle Point, in the City of Dubuque, Iowa, for Dubuque Lumber Company............................................................................ 318. 334 " 30—Veteto, Peggy, appointed to Youth Services Board of Directors............................................................................ 321 July 14—Vorwald, Richard, relative to 4 way stop at Jackson & 24th St..................................................................... 342 Aug. 4—Vacating portion of Daniels Street, requested by Frank E. and Delbert G. Miller ................................................ 421 " 11—Vanguard Countertop, by Cleon Ehlinger, Notice of Claim................................................................................432. 477 " 18—Van Do, Phan, expressing thanks relative to courtesies extended aboard the River Rogue ................................ 440 Sept. 2—Vacating a certain alley in the Downtown Urban Re. newal Project Area ........................................................ 455 It 8—Victor Gruen proposal, Dock Commission endorsing same.................................................................................. 464 " 8—Voggenthaler. E. J., opposing 4th St. Peninsula area redevelopment................................................................ 464 " 8—Vacating portion of Windsor Extension for Sisters of St. Francis..................................................................468. 502 " 15—Voelker, Thomas, appointed to Zoning Board of Adjustment..................................... ......................... 489 " 29—Valentine, Fred, relative to tax structure & revalua. tions of properties in City ............................................ 513 INDEX—BOOK 105 1975 _+ SUBJECT Page Oct. 7—Vacating portion of Jansen Street abutting property of Floyd D. Berendes ....................................................517, 579 " 7—Vacating portion of right-of-way of High Bluff Street. (Bethany Home)................................................521, 534 " 20—Vogt, Alois, submitted as representative for Girls Club on Community Development Block Grant Pro- gram, by .Rev. Bries........................................................ 537 " 20—Vacating any and all parts of Hawkeye Estates (HEFEL) 546 " 27—Victoria Place & Diane Court, residents of same, re- questing installation of two streets in area ................ 557 Nov. 24—Voss, Roger A. and Joyce Ann, requesting deed to convey any interest the City may have in part of Wick's Addn.........................................................599, 600, 617 Dec. 8—Vorwald, Helen M., appointed to Community Develop- ment Commission............................................................ 619 " 22 --Vacating of alley between Bradley and Grandview, requested by George H. Weitzel ................................ 637 INDEX—BOOK 105 Apr. 7—Woodlawn & Asbury intersection Fred Sinhold et al, (50 signers) requesting parking on one side of Woodiawn north approx. 300' .................................... 133, 340 7—Walkathon requested by March of Dimes .................... 133 " 14—Weber, Cindy, relative to beautification ........................ 142 " 14—Washington Park, to be renovated by Jaycees ............ 143 " 21—Wayne Motor Sales, requesting to purchase part of Lot 1 of Sears Roebuck Sub, No. 2 ............................ 158, 453 " 25—Wagner, Judi, appointed to Advisory Commission ........ 164 " 28—Wastewater Treatment Plant report and investigation of same submitted by DEQ ................................167, 174, 450 May 5—Westchester Inc., relative to street lights on South Way SUBJECT Page 1975 " 12—WASHINGTON STREET DIVERTERs TO BE INCLUD. ED WITH 1975 STREET PROGRAM ....200, 214, 261, 285, 544 W Jan. 6—Water Utility, Parking and Sewage Facilities for December the Park Board, for that portion of the term of Dominic W. Goodmann fiscal period of January 1, 1974 through 1974, audit for same to be contracted to O'Con- ++ 31, nor, Brooks and Company ........................................ 6.—Wolf, Robert E., shop foreman of Morrison Bros Co.. 2 objecting to proposed paving of East 7th Street 4 ++ 6—Weber, Ben J., objecting to assessment for 1973 Side- walkProject..................................................................... 14—Nage Negotiations have been reached by majority 7 of the group organizations for proposed wage & benefit program for Jan. 1, 1975 thru June 30, 1975 24, 90 " 20—Willy, David, in favor of proposed Building Code Ordinance........................................................................ 26 " 20—Waller's, Annie, Subd., classifyingportions of same to Mound Park, Local Business District, (Table :.A" Inc.) ......................................................................... 43, 85 Feb. 3—Wisconsin-Iowa Bridge, Councilman Thoms to com- municate with D.O.T. on proposed ......................... " 24 --Waltz, John "Hank". reference to Block Grant Pro- gram, rehabilitation of neighborhoods ....79, 118, 119, 344 Mar. 3—Weydert, Ronald D. et al (36 signers) requesting stop signs at Foothill Rd. & Keyway Drive ................... Howard 95, 157 " 3 --Woodworth Street, Mrs. Vicki requesting speed laws on same ................................................95, 155, 174 ++ 3—Winsor, Richard B.. Granted Class 'B" Beer Permit and Cigarette License............................................96, 107, 136 ++ 10—Walbrun, Dale et al, objecting to increase in prop- ertytaxes.......................................................................... 99, 118 " 10—Wilwert, Eldon, objecting to diverters on Washing- tonStreet.......................................................................... 99 " 10—Wahlert Ecology Students, expressing interest in "Earth Day," April 22nd ............................................ 99 " 10 --Watters, Robert, requesting rental of land abutting Gantzproperty................................................................ 103 " 10—White, William John, Granted Class "C" Beer Permit 108 " 10—Will-Co-Inc., Oky Doky X10, Granted Class "C" Beer Permit................................................................................ 108 " 17—Water Department Audit Report ending December 31, 1974 submitted................................................................ 112 " 17 Wedig, Kathleen L., Granted Class "C" (Commercial) Beer & Liquor License ................................................ 116 Apr. 7—Woodlawn & Asbury intersection Fred Sinhold et al, (50 signers) requesting parking on one side of Woodiawn north approx. 300' .................................... 133, 340 7—Walkathon requested by March of Dimes .................... 133 " 14—Weber, Cindy, relative to beautification ........................ 142 " 14—Washington Park, to be renovated by Jaycees ............ 143 " 21—Wayne Motor Sales, requesting to purchase part of Lot 1 of Sears Roebuck Sub, No. 2 ............................ 158, 453 " 25—Wagner, Judi, appointed to Advisory Commission ........ 164 " 28—Wastewater Treatment Plant report and investigation of same submitted by DEQ ................................167, 174, 450 May 5—Westchester Inc., relative to street lights on South Way & Dana Drive ............................................ .............. 176 " 12—WASHINGTON STREET DIVERTERs TO BE INCLUD. ED WITH 1975 STREET PROGRAM ....200, 214, 261, 285, 544 " 12 --Waltz, John J. "Hank" relative to Washington Street Diverters.......................................................................... " 12—Willoughby, David J., appointed as Commissioner of 200 the Park Board, for that portion of the term of Dominic W. Goodmann until next regular municipal election......................................... . .................................... " 12—Walgreen Co., Granted Class "C" Beer Permit 202 205 " 19—Weitz, A. L., relative to "People's Bicentennial Com- mission............1...111 ...................... .......... " 19—Welsh Enterprise, Inc., Granted Class "C" Beer Permit 208 217 Sept. 2—White, Dr., relative to obtaining sewer in County for residents on Old Mill Road and Manson Road ........ 450 " 8—Woodward, Wm., relative to 4th St. redevelopment .... 465 8—Windsor Extension, vacating portion of same for Sisters of St. Francis ....................................................468, 502 " 15—Women's Club requesting to block off Alpine Street from W. 3rd to Melrose to conduct annual Picket Fence Art Show on Sept. 21, 1975 ............................ 479 29—Wahlert High School requesting Homecoming Par- ade on October 9, 1975 ................................................ 496 Oct. 7—Weiblen, Dr., invocation given by .................................... 515 13—Water Main Extension across the East 16th Street Bridge to Area "C" of Industrial Park, construc- tionof same.................................................................... 531 INDEX—BOOK 105 1975 — SUBJECT page " 27—Welsh, Clem, objecting to paving of Paul Street ........ 22,5 " 27—"Westchester" Amending Resolution No, 279.74 ap proving same, for the purposes of adding a street previously not included. (Venture Ct.) ................ Co., Granted Cigarette Licenses .................... 239 'I1127—Walgreen System of Iowa, Granted Cigarette License 239 It27—Wareco 27—Walsh, Thomas D., objecting to issuance of liquor license to American Legion....................................... 242 June 2-141insor. Richard B., Granted Class "C" (Commercial) Beer & Liquor License................................................ 251 " 2—Welsh Enterprise, Granted Cigarette License ................ 250 " 9—Washington Street Diverters, objections to same........ 260 " 9—Wunder, Eileen, Granted Cigarette License and Grant- ed Class "C" (Commercial) Beer & Liquor License 268, 269 " 16—Wieser, Milton L., Notice of Suit for personal injuries 280 " 16—West Ridge Addition, (Clarence Arlen's Place) correc- tion resolution to approve plat of Lots 1-13 in- clusive all in same .................................................... 290 " 16—Will Co. Inc., Granted Cigarette License ........................ 296 " 16—Willenborg, Bernard, Granted Cigarette License ........ 296 " 23—White, William J. B., Granted Cigarette License ........ 304 " 23—Willenborg, Barney, Granted Class "C" (Commercial) Beer & Liquor License .................................................... 306 " 30—Westmore Drive Subd., additional street lighting re- " quested in same by Delbert Miller et al .................... 314, 323 30—Wedig, Kathleen, Granted Cigarette License ............ 318 " 30—Wertz, Donald E., Granted Cigarette License ............ 318 " 30—Wong, Chuck N., Granted Cigarette License ................ 318 " 30—Woolworth's, Granted Cigaretie License ........................ 319 " 30—Weiner, Helen, Granted Class "C" (Commercial) Beer & Liquor License and Cigarette License .................... 304, 320 July 7—West 5th St. Steps approach to be donated by Regina Cooper Gilmore, rename as COOPER PARK ... 324 " 14—Wink Inn Motel, Louis Kartmen requesting to relocate small neon sign closer to street for same ................ 343, 419 " 21—Weig, Patricia, objecting to proposed barricades on KeywayDrive................................................................ 353 " 28—Wolf, Adolph, relative to RV Section of proposed zon- ingOrdinance ................................................................ 360 " 28—Weiblein, Dr., of Wartburg Seminary, supporting pro- posed Zoning Ordinance................................................ 361 Aug. 4—Wisconsin-Dubuque Bridge Project, report given on same...................................................................I.............. 373 " 4—West Side Business & Professional Ass'n, requesting referral of action on proposed Zoning Ordinance 373, 509 " 4—Winsor, Richard D., and Ronald T. Amundson, Grant- ed Cigarette License.................................................... 425 " 4—Watters, William J., Appointed to Low-Rent Housing Commission...................................................................... 427 " 11—Wernimont, Clarence, relative to reception received on " television via cable .................................................... 18—Waste Water Treatment Facilities, Notice of Claim in 438 settlement of account for same .................................... 440 Sept. 2—White, Dr., relative to obtaining sewer in County for residents on Old Mill Road and Manson Road ........ 450 " 8—Woodward, Wm., relative to 4th St. redevelopment .... 465 8—Windsor Extension, vacating portion of same for Sisters of St. Francis ....................................................468, 502 " 15—Women's Club requesting to block off Alpine Street from W. 3rd to Melrose to conduct annual Picket Fence Art Show on Sept. 21, 1975 ............................ 479 29—Wahlert High School requesting Homecoming Par- ade on October 9, 1975 ................................................ 496 Oct. 7—Weiblen, Dr., invocation given by .................................... 515 13—Water Main Extension across the East 16th Street Bridge to Area "C" of Industrial Park, construc- tionof same.................................................................... 531 INDEX—BOOK 105 SUBJECT Page 1975 o Snowmobile Assn. sub, •• 20_ Wilwert, Eldon, rosalll for rescue equipment and advice a p opo 538 milting and requesting financial assistance ....................... . to allow obscenity 555 '• 27—Weitz, A. L., objecting to rezoning submittingEnviron- of improve - D.O.T. " 27—Wisconsin for• proposed mental Imps t Wisc. to U.S. # 61 151 from c 572 ment of h .....le, o 556, new City Island Bridge approach ...................... Neighborhood Council, membership on 27—Washington the Community Development Commission ................ on Com- 559 • 27—West End Homeowners Assoc., membership munity Development Commission ................................ 559 Iowa tRiver Basin f public hearing Nov. lo --Water Quality 590, 621 rt east •+ 24—Williams, Willie of Sherwin-Williams objecting to for "adult entertainment" ........ 590 rezoning to provide ++ 24. --Waltz, John J. "Hank", requesting rezoning of South- Neighborhood ................594, 616 ern part, of Washington Dec. 8—"Wastewater Treatment Plant Sludge Disposal" copy of 613 same submitted by D.E.Q. .......................... " 8—Wenzel garage property at 124 Bluff St., Alfred 632 Hughes, Atty. submitting report on same ................614, " 8—Water Rates, proposed, Mayor Justmann requesting 616 Staff's recommendations ................................................ to Community Development " 8—Waltz, John J., appointed 619 Commission ................................................ ...................... " 8—Willoughby, David J., appointed to Community Deve: 619 opment Commission .................................. ..... su bmit....,..... . " 15—Willoughby. David J., Public Official Bond sub 622 '+ 22—Weitzel, George H., requesting vacation of alley be- 637 tween Bradley & Grandview ....................................... for Law Enforcement and " 22—Work Periods established Fire Protection employees ......................................... . " 22—Wertz, Donald E., granted Class "C" Beer Permit........ 639 640 641 1975 INDEX—_BOOK 105 ----SUBJECT --- Page Y Jan. 6—Youth Services appointments made ............22, 321, 418, 427, 528 27—Youth Involvement, relative to Dubuque Ambassadors and Iowa Community Betterment Contest ................ 50 27—"Youth In Government" program sponsored by YMCA- YWCA................................................................................ 51 Mar. 3—Youth Services Board of Directors submitting minutes of their meetings ................94, 112, 173, 297, 349, 450, 556 July 28—Yiannias, N. J., Property, objections to rezoning of same............................................................................359, 381, 374 Sept. 29—Youth Services Program for period of Oct. 1972 thin June 30, 1975 submitted403 ........................... . " 29—"Youth Appreciation Week" Nov. 9 thru Nov. 15 requested by Optimist Club ........................................ 496 " 29—Y's Men Club requesting Halloween Parade on Oct. 30. 1975........................................................................... 407 INDEX—BOOK 105 1975 SUBJECT _ Page Feb. 10—Zimmerman, Paul, objecting to type of TV reception on outside antenna, due to leakage of T.V. Cable 64 " 10—Zimmer. Isidore, represented by General Casualty Co„ Notice of personal injury accident ........................ 65 " 10—Zoning Changes for group homes, concern for same 68 " 17—Zwack, Mr. Joseph, resignin, the position of assistant City Attorney, effective March 15. 1975 .................... 115 May 5—Zurcher, John, requesting vacation of an alley abutting his property cn Marquette Place ................................ 176 27—Zelinskas, Leonard, objecting to paving of Paul Street 225 " 27—Zickhur, Doug, Granted Class ,C" (Commercial) Beer & Liquor License........................................................ 241 June 2—Zirkelbach, Betty, Notice of personal injuries claim.... 246, 254 " 16—Zickuhr, Douglas, Granted Cigarette License ................ 296 " 23—Zayre Snack Bar, Granted Cigarette License ................ 304 " 30—Zoning Ordinance, Preliminary draft of comprehensive same, presented to Council by Planning & Zoning Commission ............................................313 338, 357, 373, 374 July 7—Zimmerman, Mary, requesting annexation of her prop- erty at 2455 Rockdale Rd.........................................326, 341. 424 " 28—Zoning Ordinance, proposed, objections to same ........ ............................................................................ 359, 360, 373, 374 " 28—Zoning Ordinance, proposed, supporting same ........ 360 Sept. 2—Zurcher, Hans, presenting plat from U.S.S. Dubuque 449 " 15—Zoning Board of Adjustment, pursuant to Ordinance No. 32-75, established and appointments made .... 488 Oct. 20—Zoning Adjustment Board to study Ordinance No. 32-75 for revision, to provide direct mail notification to people affected by rezoning of adjacent property 537 Nov. 10—Zoutte, Marvin L., Notice of personal injuries claim 579 Dec. 15—Zwack, Anton objecting to proposed rezoning of his property on northeast corner of 13th & White Sts. 623 Regular Session, January 6, 1975 CITY COUNCIL OFFICIAL Regular Session January 6, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thoms called the meet- ing to order and stated that this is THE REGULAR MONTHLY MEET- ING OF THE CITY COUNCIL, AND ALSO THE FIRST MEETING OF THE FISCAL YEAR, for the purpose of acting upon such busi- ness as may properly come before the Meeting. Mavor Thoms ex- pressed his appreciation on being able to serve as Mayor during 1974. At 7:35 P.M. Councilman Stackis moved to go into Executive Ses- sion for the purpose of electing a new Mayor. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas --Councilman Brady, Just - mann, Lundh, Stackis. Thoms. Nays—None. Council reconvened in Regular Session at 7:59 P.M. Councilman Lundh moved that Councilman C. Robert Justmann be. selected to serve as Mayor during the year 1975. Seconded by Councilman Brady. Carried by the following vote: Yeas --Councilmen Brady, Just - mann, Lundh, Thoms. Nays --Councilman Stackis. City Clerk Leo F. Frommelt ad- ministered the oath of office to Mayor Justmann. Councilman Lundh addressed the Council stating that Councilman Thoms did an outstanding job during his tenure as Mayor for the year 1974. The remainder of the Council concurred with the remarks by Councilman Lundh. RESOLUTION NO. 1-75 Providing for the appointment of a City Manager, City Clerk, and City Solicitor for the City of Dubuque, Iowa; providing for W. —.10— their bonds, and fixing their salaries. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, 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 com- pensation provided in the current budget and that the City Man. ager 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 ex- pense and that the City Clerk be covered under the blanket Honesty bond of the City. City Manager Gilbert D. Chavenelle City Clerk Leo F. Frommelt City Solicitor R. N. Russo Passed, adopted and approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Mayor Justmann administered the oath of office to the Manager, Clerk and Solicitor. RESOLUTION NO. 2.75 Resolution designating the of- ficial newspaper of the City of Dubuque, Iowa. BE 1T RESOLVED BY THE CITY OF DUBUQUE, IOWA: That "The Telegraph Herald" a daily newspaper of general cir- culation, be appointed the official newspaper of the City. Regular Session, January 6. 1s)75 Passed, adopted and approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns 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 Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Resolution Naming Depositories RESOLUTION NO. 3-75 BE IT RESOLVED by the City Council of Dubuque County Iowa: That we do hereby designate the following named banks to be de- positories of the City of Dubuque funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Treasurer is hereby au- thorized to deposit the City of Du- buque funds in amounts not to ex- ceed in the aggregate the amounts named for said banks as follows, to -wit: Name of depository, Location, Maximum Deposit in effect under prior resolution, Maximum Deposit under this resolution: American Trust & Savings Bank, Dubuque, Iowa ($5,000.000) $10,000,000 Dubuque Bank & Trust Company, Dubuque, Iowa ($5,000,000) $5,000,000 First National Bank, Dubuque, Iowa ($5,000,000) $5,000,000 Key City Bank & Trust Company, Dubuque, Iowa ($5,000,000) $5,000,000 The amount authorized by resolution is hereby approved. /s/ Maurice Baringer Treasurer of State this The vote on the resolution is as follows: AYES: C. Robert .Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T- Thorns Councilmen NAYS: None j Dated at Dubuque. Iowa, this 6th day of January, 1975. SEAL Leo F. Frommelt Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh. Stackis, Thorns. Nays—None. I ' RESOLUTION NO. 4-75 Resolution for approval of the City of Dubuque Financial audit for the fiscal year beginning Jan- uary 1, 1974, through Decem- ber 31, 1974, and the G month period beginning January 1, 1975 j through June 30, 1975. WHEREAS, Section 11.18, Code of Iowa, provides that the finan- cial condition and tran5ac•tions 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 yrar to be examined: NOW THEREFORE, BE IT RE- SOLVED that the Certified Public Accounting Firm of O'Connor, Brooks and Company of Dubuque, Iowa, be enraged to audit the Financial condition and transac- tions of the Water Utility, Parking and Sewage Facilities, for the fis- cal period beginning ,January 1, 1974, through December 31, 1974; BE IT FUR'llIER RESOLVED that the Auditor of State be re- quested to examine the financial condition and transactions for all other city funds and official trans. actions for the fiscal period be- ginning January 1, 1974, through Regular Session, January 6, 1975 3 December 31, 1974, and in addi. tion to, to examine all financial records and transactions of the City of Dubuque, Iowa, for the six month period, beginning Jan- uary 1, 1975, through June 30, 1975. Passed, adopted and approved this 6th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Miiyor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—No::e. January 2, 1975 Honorable Mayor and City Council As City Manager, I wish to ad- vise your honorable Body that all officers and employees who I have power to appoint, and are under my supervision, direction and con- trol, and wh3se appointments con- tinue at the pleasure of the man- ager, and who are now serving in their respective capacities, will be paid salaries in accordance with the detailed distribution of pro- posed expenditures for the period January 1, 1975 through June 30, 1975 which the council established at the time of budget hearing and adoption and in accordance with the attached "City of Dubuque 1974 Wage and Salary Plan." Since additional wages and benefits have been offered and are under consideration by em- ployee groups, further wage pro- posals and appropriation amend- ments will be brought before the Council. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Inspectors of the Building Department request- ing a review of the City Pay Plan adopted in 1958 and pay request submitted to management Decem- ber 16, 1974, presented and read. Councilman Thoms moved that the communication be received and filed and referred to the City Manager for consideration and re- port. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tboms. Nays—None. January 2, 1975 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 of same. Gilbert D. Chavenelle, City Man- ager, Midwestern Casualty do Sure- ty Co. Bond. No. FO -55619 to De- cember 31, 1975. $5,000. Gerald Hard, City Tresaurer, The Ohio Casualty Insurance Co. Bond No. 1656615 to December 31, 1975, $50,000. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and approved. Seconded by Councilman Thoms. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays -,None. Communication of Dock Com- mission submitting a list of names that have been suggested to serve on Area "C" Development Study Committee, presented and read. Councilman Thoms moved that the communieaition be received and filed and list of names be ap- proved. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of U. S. Depart- jment of Justice requesting the Mayor to name January as "Alien Address Report Month," presented and read. Mayor Justmann so pro- Regular Session, January- 6, 1975 claimed the month of January as Alien Address Report Month." Communication of The Adams Company being in opposition to the proposed Fourth Street Re- development. Plan, presented and read. Councilman Thoms moved that the communication be received and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None, Communication of Kretschmer Tredway Co. advising that they are not included in the area of Re- development of Fourth Street ex- cept for the paving of East 7th Street to which they specifically object to, presented and read. Councilman Thoms moved that the communication be received and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh. Stackis, Thoms. Nays—None, Communication of Braconier Inc., objecting to paving of East 7th Street because of the expense in- volved with relatively no benefits to be gained and the number of railroad tracks, presented and read. Councilman Thoms moved that the communication be received and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None, Communication of E. J. Voggen- thaler Co. objecting to the pro- posed area of East 7th Street for beautification and paving, present- ed and read, Councilman Thoms moved that the communication be received and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Justmann. Carried by the follow. ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None, Communication of Robert E. Wolf, shop foreman of Morrison Bros. Co., objecting to the proposed paving of East 7th Street showing concern for the Company being forced into a large expenditure, presented and read. Councilman Thoms moved that the communica- tion be received and filed and re- ferred to Council and Dock Com- mission for further study. Second- ed by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. '.Nays—None, Communication of Morrison Bros. Co., as not being convinced that the alleged benefits to the City will accrue as presented and ob- jecting to any future paving in the area by assessment, presented and read. Councilman Thoms mov- ed that the communication be re- ceived and filed and referred to Council and Dock Commission for further study. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas—Mayor Justmann. Council- men Brady, Lundh, Stackis, Thoms, Nays,—None. Communication of Low Rent Housing Commission submittting minutes of their meeting of De- cember 17, 1974, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None, Communication of Planning & Zoning Commission submitting minutes of their meeting of De- cember 18, 1974, presented and read, Councilman Lundh moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None, Communication of Alta Jane Blades objecting to and serving formal notice that she will look to the City for indemnity for any damage sustained as the result of operation of sanitary land fill on i the Gantz properties, presented Regular Session, January 6, 1975 and read. Councilman Thoms mov- ed that the communication be re- ceived and filed and referred to the City Solicitor and Engineering Department. Seconded by Mayor Justmann. Carried by the follow. ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. October 15, 1974 Honorable Mayor and City Council On September 23, 1974, Leroy L. (Roy) Meyer, 1425 Curtis Street, Dubuque, filed claim against the City of Dubuque in the amount of $16.48, alleging said damages as the result of plumbing labor charges incurred on September 20, 1974, as the result of a clogged City sewer. This matter was referred to the appropriate City Agency who has made an investigation of this mat- ter, and reports to this office of no negligence or liability on the part of the City. Accordingly, it is the recommendation of the City Attorney that said claim be d-nied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Lundh moved that the recommendation of denial be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. December 30, 1974 Honorable Mayor and City Council On November 18, 1974, the com- munication of Thermolyne ad- dressed to the Honorable Mayor and City Council was referred to the Mayor's Industrial Committee and the City Solicitor for renego- tiation. This is to advise that I have met with the Mayor's Industrial Com- mittee, and it is expected that a report will be forthcoming from this Committee very shortly. Orig- inal matter is returned herewith. R. N. Russo City Attorney Councilman Lundh moved that the communication be received .--ANN„". and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. January 2, 1975 Honorable Mayor and City Council On August 24, 1974, Claribel Hut- ton, 788 Fenelon Place, Dubuque, filed claim against the City of Du- buque in an unstated amount claiming personal injuries suffer- ed by her on July 28, 1974 as the result of a fall caused by tripping on uneven sidewalk at 1105 Locust Street, Dubuque, Iowa. This mat- ter was referred to the City At- torney for handling and with the consent of said office, the office of the Archdiocese of Dubuque Self Insurance Company, negoti- ated a settlement and has secured release, copy of which release and evidence of payment is hereto at- tached. Accordingly, it Is the recom- mendation of the City Attorney that a warrant be issued reimburs- ing said insurance program one- half of the said settlement amount of $40.00. In accordance with said agreement, the City Auditor should be instructed to draw warrant to Archdiocese of Dubuque Self In- surance Company Program in the Amount of $20.00 and transmit same to the City Attorney for de- livery and receipt. Original claim is returned herewith. R. N. Russo City Attorney Councilman Lundh moved that the recommendation of settlement be approved and City Auditor be directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. January 2, 1975 Honorable Mayor and City Council On August 23, 1974, Mrs. Ar- thur M. (Catherine) Boardman, 91 Burns Street, Dubuque, filed claim against the City of Dubuque in an unstated amount claiming per- sonal injuries suffered by her on July 26, 1974 as the result of a Regular Session, January 6, 1975 fall from stepping into a hole in the sidewalk at 1105 Locust Street, Dubuque, Iowa. This matter was referred to the City Attorney for handling and with the consent of said office, the office of the Arch diocese of Dubuque Self Insurance Company, negotiated a settlement and has secured release, copy of which release and evidence of pay- ment is hereto attached. Accordingly, it is the recom- wwndation of the City Attorney that a warrant be issued reimburs- ing said *insurance program one- half of the said settlement amount of $250.00. in accordance with said agreement, the City Auditor should be instructed to draw warrant to Archdiocese of Dubuque Self In. surance Company Program in the amount of $125.00 and transmit same to the City Attorney for de- livery and receipt. Original claim is returned herewith. R. N. Russo City Attorney Councilman Lundh moved that the recommendation of settlement be approved and City Auditor di- tected to Issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Petition of Richard Construction Co. requesting permission to in- stall boulevard type lights on Meadow Wood Drive, Block 14 Sunrise heights Sub., presented and read. Councilman Thoms mov. ed that the petition be referred to 'the City Manager and Electrical inspector. Seconded by Council- man Brady. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Kennedy Construc- tion Co. requesting rezoning of property located between Kauf- mann & Kane Street from Single Family to Multiple Family (ap- prox. 15 acres) for a planned unit development, presented and read. Councilman Lundh moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis. Thorns. Nays—None. Petition of Louis A. Ring re- questing a refund of $50. on the unexpired portion of cigarette li. cense No. 483, as he discontinu-d business on 12-30-74, presented and read. Councilman Lundh mov• ed that the refund be granted and City Auditor be directed to issue proper warrant. Seconded by Cnun- cilman Stackis. Carried by the fol. lowing vote, Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. Proof of Publication, certified to by the Publisher, of Notiev of Levy of special assessment and in- tention of the Council to issue bonds for the City of Dubuque 1973 Concrete Sidewalk Program, pre. sented and read. No oral objectors were present in the Council Cham- ber at the time set for the hearing. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Council. man Stackis. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Statement of City Clerk certify- ing that notices of levy were mail- ed by certified mail to property owners of record subject to pay for cost of 1973 Concrete Sidewalk Program, on December 13, 1974, presented and read. Councilman Thoms moved that the statement be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Statement of Engineering De- partment, that notices were posted in the assessable area of the 1973 Concrete Sidewalk Project on De- cember 28, 1974, presented and read, Councilman Thorns moved that the statement be received and filed. Seconded by Council- man Stackis, Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Regular Session, January 6, 1975 7 Communication of Ben J. Weber of 2902 Muscatine Street, object- i ing to the amount of assessment for 1973 Concrete Sidewalk Project, presented and read. Councilman Thorns moved that the communica- tion be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas -Mayor Justmann, Council. men Brady, Lundh, Slackis, Thorns. Nays -None. RESOLUTION NO. 5.75 Schedule of Assessments Resolved by the City Council of the City of, Dubuque, Iowa: That to pay for 1973 Concrete Sidewalk Program by Ray MacDonald Con- struction, 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 opposite each lot or parcel of real estate, as set forth in the following schedule. Burlington Street: from Primrose to Broadway City of Dubuque, Lot 3, Grommersch Place ......$1,187.65 Charles E. and Bernice Schumacher, Lot 5, South Park MH ............ 565.24 Charles E. and Bernice Schumacher, Lot 5, South Park Hill Retain- ing Wall ........................ 357.00 $2,109.89 Excavation 44.4 cu. yd. on $1.95 ..........................$ 86.58 Sod 89.2 sq. yd. @ $1.00.. 89.20 4" walk 1,584.04 sq. ft. @ $0.75 .......................... 1,188.03 6" walk 90.49 sq. ft. @ $0.95 ................................ 85.97 Retaining Wall 10.2 cu. yd. n $70.00 ........................ 714.00 Construction Cost ............$2,163.78 Engineering ........................ 367.81 7% Interest -52 Days .... 81.88 Project Cost ......................$2,553.47 City Share .......................... 86.58 357.00 Assessable ..........................$2,109.89 Primrose Street: from Devenport to Kane Street Bernard J. and Mildred Weber, Lot 40, McDan- iels Park Hill ................$ 610.82 Robert W. and Audrey J. Morey, Lot 55, McDan- iels Park Hill ................ 610.82 Robert W. and Audrey J. Morey, Lot 55, McDan- iels Park Hill Retaining Wall................................ 789.60 ICarmellta Young (cont.) John W. and Earline Kreul, Lob 141-1, Z Youngs Place ................ 617.84 City of Dubuque, U:im- proved Alley's .............. 407.20 Patrick E. and Maurine Finn, Lot 22, McDan- iels Park Hill .............. 0.00 Excavation 138.3 cu. yds. @ $1.95 ............... _......... $ 269.69 Sod 203.7 sq. yds. @ $1.00 203.70 4" walk 1,488 sq. fr. @ $0.75 ................................ 1,114.89 6" walk 288.03 sq. ft. @ $0.95 ................................ 273.63 Steps 6 no. of C? $9.21...... 55.26 Drain Tile 10.5 ft. @ $2.00 21.00 Retaining Wall 22.56 cu. yd. @ $70.00 ................ 1,579.20 Construction Cost ...........$3,517.37 Engineering ........................ 597.90 7% Interest -52 days ...... 35.56 Project Cost ......................$4,150.83 City Share .......................... 269.69 55.26 789.60 Assess3bl! ..........................%3,036.28 Keokuk StreeN from Primrose to Glenwood Clifford J. and Marie B. Sheenan Lot 2-97, Me- Daniels o-Daniels Park Hill .......... 0.00 Clifford J. and Marie B. Sheenan, Lot 2-96, Me - Daniels Park Hill ........ 0.00 Saunders Street: from Lemon to Timberline Drive James H. & Darlene Rich- ard, Lot 8, Green Acres Sub. Blk 8 ...................... 0.00 Thomas J. & Sharon L. Vath, W. 10' of Lot 7, Green Acres Sub. Blk. 8 0.00 Thomas J. & Sharon L. Vath, Lot 6, Green Acres Sub. Blk 8 ...................... 0.00 Regular Session, January 6, 1975 James H. & Darlene Rich- City Share .......................... ard, Lot 7A, Green Excavation, 30 cu. yd. Acres Sub. Blk 8 .......... 0.00 James H. & Darlene Rich- Fill Dirt, 12 cu. yd. ard, E. Bal. of Lot 7, $4.00 ................................ Green Acres Sub. Blk 8 0.00 City of Dubuque, Un- $0.75 .......................... named street abutting 6" walk, 245.8 sq. ft. Lot 56 south side ........ 160.71 City of Dubuque, Unim- Construction Cost ............$1,643.74 proved Davenport St..... 191.33 City of Dubuque, Musca- ...... 16.62 tine Street ...................... 233.57 City of Dubuque, Lot37, $1.95 ................................ Fairmont Park Addition 377.29 City of Dubuque, Lot 38, Construction Cost ............$ Fairmont Park Addition 153.06 City of Dubuque, Lot 39, 7% Interest -52 Days ...... Fairmont Park Addition 191.33 City of Dubuque, Lot 40, Fairmont Park Addition 191.33 City of Dubuque, Lot 41, Fairmont Park Addition 191.33 City of Dubuque, Lot 42, Fairmont Park Addition 191.32 John M. & Sally A. Lewis, Lot 51, Fairmont Park Addition .......................... 0.00 John M. & Sally A. Lewis, Lot 2-50 Fairmont Park Addition .......................... 0.00 City Share .......................... $1.881.27 Excavation, 30 cu. yd. Kaufmann Avenue: from Theda to $1.95 ................................$ 58.50 Fill Dirt, 12 cu. yd. @ $4.00 ................................ 48.00 4" walk. 1,738.30 sq. ft.. $0.75 .......................... 1,303.73 6" walk, 245.8 sq. ft. @ $0.95 ................................ 233.51 Construction Cost ............$1,643.74 146.47 Engineering & Inspection 279.41 7% Interest -52 Days ...... 16.62 Project Cost ......................$1,939.77 City Share .......................... 58.50 Assessable ..........................$1,881.27 For Oakcrest Drive: between Greenwood and Maplewood James F. & Elizabeth A. Miller, Lot 1-6, Block 5 Green Acres Sub. ........$1,024.75 Excavation, 36 cu, yd. (u $1.95 ..................................$ 70.20 4" walk, 879.8 sq. yd. @ $0.75 ................................ 659.85 Sod in place, 197.8 sq. yd. @ $1.00 .......................... 197.80 Construction Cost ............$ 927.a5 Engineering & Inspection 157.72 7% Interest --52 Days ...... 9.38 Project Cost ......................$1,094.95 City Share .......................... 70.20 Assessable ..........................$1,024.75 Kaufmann Avenue: from Theda to Evergreen Street City of Dubuque, Lot 2-1-1- 1-2-1-2.2.1-2-1, Highland Farm ................................$ 170.19 Peter J. Seippel Lumber Co. Lot 1.2-2-1-1-2-1-2.2- 765.90 1.2-1 Highland Farm .... 0.00 Peter J. Seippel Lumber 146.47 Co. Lot 2.2.2-1-1-2.1-2-2- 8.71 1-2-1 Highland Farm 0,00 Excavation, 36 cu. yds. @ $1.95 ................................ 70.20 4" walk, 178 sq, ft. @ $.75 133.50 Construction Cost ............$ 203.70 Engineering & Inspection 34.63 7% Interest -52 Days ...... 2.06 Project Cost ......................$ 240.39 City Share .......................... 70.20 Assessable ..........................$ 170.19 Pennsylvania: from Bies Drive to Lea Lane Dale A. Wernecke, I,ot I- 2-1, Sylvan Place .. ......$1.016.85 Sod, 95.77 sq. yds. @ $1.00 ................................ 95.77 4" walk, 1,021.2 sq. ft. @ $0.75 ................................ 765.90 Construction Cost ............$ 861.67 Engineering & Inspection 146.47 7% Interest --52 Days .... 8.71 Project Cost ......................$1,016.85 City Share ...... 0.00 Assessable ..........................$1,016.85 Mullen Road: both sides between Hillcrest Rd. and Asbury Rd. Harry A. and Marian Muir, Lot 22, Hillcrest Sub. No. 2 ................................ 0.(K) Harry A. and Marian Muir, Lot 23, Hillcrest Sub. No. 2 ................................ 0.(K) Segurd R. Sundeen, Lot 31, llillcrest Sub. No. 2 . 0.00 Grandview Avenue, between Delhi and University Avenue west side City of Dubuque, Grand- view Right of Way ......$1,569.14 Excavation, 5 cu, yds. Os, $1.95 ................................$ 9.75 Regular Session, January 6, 1975 4" walk, 1,739.68 sq, ft. $0.70 .......................... 1.304.76 Construction Cost ............$1,314.51 Engineering & Inspection 251.09 7% Interest --52 Days ...... 13.29 Project Cost ......................$1,578.89 City Share .......................... 9.75 Assessable ..........................$1,569.14 Cummins Street: West Side be- tween Lores Blvd. and end of street Gerald T. Wagner, Lot North Grandview to Maryville 14-3, Mineral Lot 90......$ 209.86 Frank J. and Anna M. 222.67 Pusateri, Lot 15-3, Min- eral Lot 90 ...................... 0.00 Sam T. and Louis A. Pusa- teri, Lot 16-3, Mineral 536.22 Lot90 ............................ 0.00 Excavation, 2 cu. yds. @ $1.95 ................................$ 3.90 Sod, 8 sq. yds. @ $1.00.... 8.00 4" walk, 138 sq. ft. @ $0.75 ................................ 103,50 6" walk, 69.2 sq. ft. @ $.95 65.74 Construction Cost ............$ 181.14 Engineering & Inspection 30.79 7% Interest - 52 days .... 1.88 Project Cost ...................... 213.76 City Share .......................... 3.90 Assessable ..........................$ 209.86 Auburn: east side between North Grandview Avenue & Dexter Street City of Dubuque, Pt. Lot 177, Woodlawn Park Ad- dition ................................$ 12.96 City of Dubuque, Vacated Auburn Street .............. 197.19 City of Dubuque, Street right-of-way .................... 191.53 $ 401.68 Sod, 24.7 sq. yds. @ $1.00 24.70 4" walk, 420.9 sq. ft. @ $.7b.... 315.68 ...... ........... .. Construction Cost ............$ 340.38 Engineering & Inspection 57.86 7% Interest -52 Days ...... 3.44 Project Cost ......................$ 401.68 City Share .......................... 0.00 Assessable ..........................$ 401.68 Kaufmann Avenue: both sides from North Grandview to Maryville **Dale Wiegand, Lot 5, Wiegand's Sub . ............$ 222.67 **Dale Wiegand, Lot 6, Wiegand's Sub . ............ 350.69 City of Dubuque, Lot 2.2-2- 2-1-1-1, Mineral Lot 210 536.22 *Deficiency paid by city, Lot 5, Wiegand's Sub. 468.03 'Deficiency paid by city, Lot 6, Wiegand's Sub. 282.07 Excavation, 113 cu. yds $1,859.68 @ $1.95 ..........................$ 220.35 Sod, 15.6 sq, yds. @ $1.00 15.60 4" walk, 2,035.35 sq. ft. Cu) $0.75 .......................... 1,526.51 Construction Cost ............$1,762.46 Engineering & Inspection 299.74 7% Interest -52 Days ...... 17.83 Project Cost ......................$2,080.03 City Share .......................... 220.35 Assessable ..........................$1,859.68 North Grandview from Clarke Drive to Kaufmann Avenue "John and Muriel Mootz cont. Merwin F. & Jean Ann Rupp, 1-E 51.4'-S 100.47 Finley's Add ...................$ 403.19 'John and Muriel Mootz cont. Merwin F. & Jean Ann Rupp, 1-E 51.4'-S 100-47 Finley's Add. Retaining Wall ................................ 457.45 'Clarke College, Lot 1, Clarke College Place.... 2,845.27 Leslie I. Furuseth, N 100'- W 61.11'66, Finley's Add. ................................ 0.00 $3,705.91 *To be paid by City of Dubuque Excavation, 123.0 cu. yds. @ $1.95 ............................$ 239.85 4" walk, 2,948.15 sq, ft. @ $0.75 .......................... 2,211.11 6" walk, 96.0 sq. ft. @ $0.95 ................................ 91.20 Sod, 25 sq. yd. @ $1...... 24.00 Retaining Wall, 13.07 cu. yds. @ $70.00 ................ 914.90 Drive Section, 28.5 lin. ft. @ $9.22 .......................... 262.77 Construction Cost ..............$3,743.83 Engineering & Inspection 621.53 7% Interest -52 Days ...... 37.85 Project Cost ......................$4,403.21 City Share .......................... 239.85 457.45 Assessable .........................$3,705.91 10 Regular Session, January 6, 1975 Avicea Street: from Rosedale Green Street Harold B. & Dorothy Dem- kier, E -281-W-50', Min- eral Lot 179 ....................$ 979.17 Harold B. & Dorothy Dem- kier, E -28'-W-50', Atin. oral Lot 179 Retaining Wall.................................. 538.46 City of Dubuque, Alley .... 65.36 to$0.75 ............................ 8" walk, 54.06 sq. ft. Oq $0.95 ................................ $1,582.99 Excavation, 90 cu. yds. @ ior Sub .............................$ $1.95 ................................$ 175.50 Sod, 68.75 sq. yd. C $1 68.75 4" walk, 563.2 sq. ft. Cn, Sod, 5 sq. yds. @ $1.00.... $0.75 ............................... 422.40 6" walk, 13.91 sq. ft. @ $0.75 ................................ $0.95 ................................ 13.21 Steps, 7 no. of C- $921•••• 64.47 Drain Tile, 38 ft. @ $2.00 76.00 j Retaining Wall, 25.10 cu. Project Cost ...................... yds. @ $70.00 ................ 1,757.00 Construction Cost ............$2,577.33 Engineering & Inspection 7% Interest --52 Days ...... 438.11 26.06 I Project Cost ......................$3,041.50 City Share .......................... 175.50 64.47 1,218.54 Assessable ..........................$1,582.99 Atlantic Street: west side -from North Grandview to Dexter St. City of Dubuque, Lot 5, Sen- ior Sub .............................$ 64.89 Excavation, 2 cu. yds. C' $1.95 ................................$ 3.90 Sod, 5 sq. yds. @ $1.00.... 5.00 4" walk, 65.85 sq, ft. 0- $0.75 ................................ 49.39 Construction Cost ..............$ 58.29 Engineering & Inspection 9.91 7% Interest --52 Days ...... 0.59 Project Cost ...................... 68.79 City Share .......................... 3.93 Assessable ..........................$ 64.89 North Algona: from North Grand- view Avenue to Dexter Street Mabel R. Palmer (survivor) B-1-1, Mineral Lot #179..$ 775.45 City of Dubuque, Unim- proved alley west side 49.24 $ 824.69 Excavation, 10 cu. yds. Ca $1.95 ................................$ 19.50 Sod, 139 sq. yds. Cu-) $1.00 139.00 4" walk, 674 sq. ft. C? 505.50 51.36 Construction Cost ............$ 715.36 Engineering & Inspection 121.60 7% Interest -52 Days ...... 7.23 Project Cost 844.19 City Share .......................... 19.50 Assessable ..........................$ 824.69 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 6th day of January. 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Therms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas -Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Proof of Publication, certified to by the Publisher, of Notice of Pro- posal to issue Street Improvement Bonds to pay for cost of construct- ing 1973 Concrete Sidewalk Pro- ject, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Seconded by Councilman Stackis. Carried by the following vote: Yeas -Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays -None. RESOLUTION NO. 6-75 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 Oubuque 1973 Concrete Sidewalk Project. 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 Regular Session, January 6, 1975 11 has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $8.669.22 of the cost thereof shall be assessed against the prop- erty subject to assessment there- for; 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 Side- walk Project, there shall be issued street improvement bonds in the amount of $8,000.00 in an4icipa- 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 April 1, 1975; 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. 1, Bond No. 1, $1,000.00 April 1, 1976 Series No. 2, Bond No. 2, $1,000.00 April 1, 1977 Series No. 3, Bond Nn. 3, $1,000.00 April 1, 1978 Series No. 4, Bond No, 4, $1,000.00 April 1, 1979 Series No. 5, Bond No. 5, $1,000.00 April 1, 1980 Series No. 6, Bond No. 6, $1,000.00 April 1, 1981 Series No. 7, Bond No. 7, $1,000.00 April 1, 1982 Series No. 8, Bond No. 8, $1,000.00 April 1, 1983 3. Said bonds shall bear inter- est at the rate of six per cent per annum, payable annually in ac- cordance 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 substan• tially the following form: No. ................................ Series No ......................... 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 one thousand dollars with interest thereon at the rate of six per cent per an- num, payable annually, on the presentation and surrender of the interest 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 bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1973 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 6th day of January, 1975, being Resolution No. 6-75. This Bond is one of a series of 8 bonds, all for $1,000.00 num- bered from 1 through 8 all of like tenor and date, and issued for the purpose of providing for the de- ferred payment of the assessments levied for the City of Dubuque 1973 Concrete Sidewalk Project, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1303 created by the collection of said special tax, and said fund can be u --ed for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of 10 Regular Session January 6, 1975 Avcca Street: from Rosedale to Green Street Harold B. & Dorothy Dem- kier, E -28'-W-50', Min- eral Lot 179 ....................$ 979.17 Harold B. & Dorothy Dem- kier, E -28'-W-50', Min- eral Lot 179 Retaining Wall .................................. 538.46 City of Dubuque, Alley .... 65.36 $1,582.99 Excavation, 90 cu. yds. @ $1.95 ...............................$ 175.50 Sod, 68.75 sq. yd. C% $1 68.75 4" walk, 563.2 sq. ft. @ $0.75 ................................ 422.40 6" walk, 13.91 sq. it. @ $0.95 ................................ 13.21 Steps, 7 no. of @ $9.21.... 64.47 Drain Tile, 38 ft. @ $2.00 76.00 Retaining Wall, 25.10 cu. yds. @ $70.00 ................ 1,757.00 Construction Cost ............$2,577.33 Engineering & Inspection 438.11 7% Interest -42 Days ...... 26.06 Project Cost ......................$3,041.50 City Share .......................... 175.50 64.47 1,218.54 Assessable ..........................$1,582.99 Attantic Street: west side -from North Grandview to Dexter St. City of Dubuque, Lot 5, Sen- ior Sub .............................$ 6489 Excavation, 2 cu. yds. @ $1.95 ................................$ 3.90 Sod, 5 sq. yds. @ $1.00.... 5.00 4" walk, 65.85 sq. ft. Ca $0.75 ................................ 49.39 Construction Cost ..............$ 58.29 Engineering & Inspection 9.91 7% Interest -52 Days ...... 0.59 Project Cost ...................... 68.79 City Share .......................... 3.90 Assessable ..........................$ 64.89 North Algona: from North Grand. view Avenue to Dexter Street Mabel R. Palmer (survivor) B-1-1, Mineral Lot #179..$ 775.45 City of Dubuque, Unim- proved alley west side 49.24 $ 824.69 Excavation, 10 cu. yds. @ $1.95 ................................$ 19.50 Sod, 139 sq. yds. @ $1.00 139.00 4" walk, 674 sq. ft. @ $0.75 ................................ 505.50 6" walk, 54.06 sq. ft. @ $0.95 ................................ 51.36 Construction Cost ............$ 715.36 Engineering & Inspection 121.60 7% Interest -52 Days ...... 7.23 Project Cost ...................... 844.19 City Share .......................... 19.50 Assessable ..........................$ 824.69 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 6th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas -Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays -None. Proof of Publication, certified to by the Publisher, of Notice of Pro- posal to issue Street Improvement Bonds to pay for cost of construct- ing 1973 Concrete Sidewalk Pro- ject, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for -the hearing. Seconded by Councilman Stackis. Carried by the following vote: Yeas -Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays -None. RESOLUTION NO. 6.75 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 Concrete Sidewalk Project. 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 Regular Session, January 6, 1975 11 has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $8.660.22 of the cost thereof shall be assessed against the prop- erty subject to assessment there- for; 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 Side- walk Project, there shall be issued street improvement bonds in the amount of $8,000.00 in anticipa- tion of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called street improvement bands; and shall bear the date of April 1, 1975; 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. 1, Bond No. 1, $1,000.00 April 1, 1976 Series No. 2, Bond No. 2, $1,000.00 April 1, 1977 Series No. 3, Bond Nn. 3, $1,000.00 April 1, 1978 Series No. 4, Bond No. 4, $1.000.00 April 1, 1979 Series No. 5, Bond No. 5, $1,000.00 April 1, 1980 Series No. 6, Bond No. 6, $1,000.00 April 1, 1981 Series No. 7, Bond No. 7, $1,000.00 April 1, 1982 Series No. 8, Bond No. 8, $1,000.00 April 1, 1983 3. Said bonds shall bear inter- est at the rate of six per cent per annum, payable annually in ac- cordance 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 Mated therein at the option of the City of Dubuque and shall be in substan- tially the following form: No. ................................ Series No ......................... 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 one thousand dollars with interest thereon at the rate of six per cent per an- num, payable annually, on the presentation and surrender of the interest 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 bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1973 Code of Iowa, a-, amended, and the Resolu- tion of said City duly passed on the 6th day of January, 1975, being Resolution No. 6.75. This Bond is one of a series of 8 bonds, all for $1,000.00 num- bered from 1 through 8 all of like tenor and date, and issued for the purpose of providing for the de- ferred payment of the assessments levied for the City of Dubuque 1973 Concrete Sidewalk Project, 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 1303 created bythe collection of said special tax, and said fund can be u -.ed 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 12 Regular Session, January 6, 1975 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 6th day of January, 1975, .............................................................. Mayor (SEAL) .............................................................. City Clerk (Form of Coupon) Onthe ..............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 of- fice of the City Treasurer in the City of Dubuque, being .................. months' interest due that date on its ...................................... Bond No. ............................ dated ...................... ................................................. I ............ 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 1303 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 Mayor 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 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. 10. Passed, adopted and approv. ed this 6th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 7.75 WHEREAS, applications for Beer Permits 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 granted and permits issued upon the compliance with the terms of th? Ordinances of the City. CLASS "B" BEER PERMIT Clarke College of Dubuque, Iowa 1550 Clarke Drive Passed, adopted and approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council. men Lundh, Stackis, Thorns. Nays—Councilman Brady. RESOLUTION NO. 8-75 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 Regular Session, January 6, 1975 13 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 Clarke College of Dubuque, Iowa, 1550 Clarke Drive Passed, adopted and approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—Councilman Brady. RESOLUTION NO. 9.75 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 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 LICENSE Josephine Burke, El Toro Lounge, 1445 Central Avenue Donald Kies, Golden Pheasant, 2620 University Avenue Passed, adopted and approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Justmann, Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 10.75 WHEREAS, applications for Liq- uor Licenser 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 Josephine Burke, E1 Toro Lounge, 1445 Central Avenue Donald Kies, Golden Pheasant, 2620 University Avenue Passed, adopted and approved this 6th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thome. Nays --None. There being no further business, Councilman Thoms moved that the meeting be adjourned. Seconded 14 Regular Session, January 6, 1975 by Councilman Lundh. Carried by the following vote: Yeas—Mayor iiistmann, Council- men Brady, Ltindh, Stackis, Thoins. Nays—None. Leo F. Frommelt City Clerk Approved April 21, 1975 Adopted April 21, 1975 ...... ......... Councilmen City Clerk Special Session, January 13, 1975 15 CITY COUNCIL OFFICIAL Special Session, January 13, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann, Coun- cilmen.. Brady, . Lundh,.. Stackis, i Thoms, City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for THE PURPOSE OF CONDUCTING A PILTBI.TC BEAR - INC, ON THE MANAGER'S RE- PORT RELATIVE TO THE CONDI- TION OF DELAPIDATED BUILD- INGS LOCATED AT 11TH AND WHITE STREET and acting upon such other business as may prop. erly come before a regular meet- ing of the Council. Communication of Playground & Recreation Commission submitting minutes of their meeitng of Decem- ber 9, 1974, presented and read. Councilman Lundh moved that the minutes be received and filed. Sec- onded by Mavor Justmann. Carried by the following vote: Yeas—Mavor Justmann. Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Playground & Recreation Commission suggesting several meeting dates to consider Five Flags Center -Ice Rink pro- posal, presented and read. Coun- cilman Lundh moved that the com- munication be received and filed and a meeting be set for January 28, 1975, with Council, Recreation Dept. and Five Flags Executive Committee. Seconded by Council- man Stackis, Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, 'Thoms. Nays --None. Notice of Teleprompter Com munciations Corp, advising that ap Plication for renewal of License of Business Radio Station KUX-8' was filed on January 7, 1975, Witt the Federal Communications Corn mission, presented and read. Mayo: Justmann moved that the Notio be received and filed. Secondee ,y Councilman Brady. Carried by he following vote: Yeas—Mayor Justmann, Council - nen Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Dubuque Hard - Hoods expressing displeasure at he proposed development plan of .he 4th Street area and will not indorse it, presented and read. gayor Justmann moved that the !ommunication be. received and Filed and copy sent to the Dock ^ommission. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thorns. .Nays—None. January S. IK5 Honorable Mayor and Ilfembers of the City Council I have approved the Continuation certificate of the Sidewalk Con- struction bond of Gilbert Roling, Bond No. S 729511, Northwestern National Insurance Companv to 1- 18-76, and desire to have your ap- proval of same. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and filing be approved subject to the approval of the City Solicitor. Seconded by Mayor Just - man. Carried by the following vote: Yeas ---Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays --None. January 8, 1975 Honorable Mayor and City Council I am returning the petition of Richard Construction requesting additional street lighting in Sun- rise Heights Subdivision. The area has been investigated by the electrical inspector and it is recommended that two 175 watt mercury vapor type fixtures, on the developer's metal standards, be installed at the following locations along Meadow Wood Drive: 1. On the property line between Lot 1 and Lot 2 of Block 14. 2. Onthe property line between Lot 5 and Lot 6 of Block 14. Your approval of these installa- tions is requested, Gilbert D. Chavenelle City Manager 16 Special Session, January 13, 1975 Councilman Lundh moved that the communication be received and filed and request approved. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. January 9, 1975 Honorable Mayor and City Council I am returning the petition of John J. Duggan requesting addi- tional street lighting in Knob Hill and Knob Hill Grove Subdivisions. The area has been investigated by -the electrical department and it is recommended that five 175 watt mercury vapor fixtures on the developer's standards be in- stalled at the following locations: Knob Hill Drive 1. On property line between Lots 2 and 3, Block 4 2. On property line between Lots 5 and 6, Block 4 3. On property line between Lots 8 and 9, Block 4 Duggan Drive 4. At the intersection of Fremont Avenue and Duggan Drive, Block 2 5. On property line between Lots 3 and 4, Block 2 Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and request be approved. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. January 9, 1975 Honorable Mayor and City Council I am returning to you the peti- tion of Mr. and Mrs. Robert L. Morris and others regarding the lighting of a church parking lot in the Knob Hill Subdivision area. I have not been successful in accomplishing the request of the petitioners; however, it is my un- derstanding that when the church construction contract has been completed and accepted, then three of the existing four lights will be on lock -out switches so that three of the lights can be extinguished when desired. I have not been informed as to the exact time that this will be accomplished. I have brought this situation to the attention of Interstate Power Company and have arranged with them that they will check with our electrical inspector even when lighting installations are being made on private property. Gilbert D. Chavenelle City Manager 1llavor Justmann moved that the communication be received and filed and referred to the City Man- ager and City Planner for investi- gation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. Printed copies of Council Pro- ceedings for the months of Sep- tember & October, 1974, presented for approval. Councilman Stackis moved that the Council Proceed- ings for the months of Septem- ber & October 1974 be approved as printed. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thorns. Nays—None. Communication of Fischer Com- panies stating that the program for renovating the 4th Street area is too broad and premature and ob- jecting to a proposed private road between the flood wall and the cold storage plant which is pres- ently used by trailer trucks load- ing and unloading, presented and read. Mayor Justmann moved that the communication he received and filed and a copy be sent to the Dock Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Mayor Just - mann advising the introduction of a motion that would authorize: him to meet with the City Man- ager, Attorney and Clerk with the objective of streamlining the Coun- cil agenda, presented and read. Special Session, January 13, 1975 17 Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Councilman Brady moved that the Mayor be authorized to pro- ced with further study and meet with City Manager, Attorney and Clerk. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Thorns. Nays—Councilman Stackis. Communication of Luis Moscoso filing complaint to Council On pick-up of dog, presented and read. Mayor Justmann moved to sus pend the rules to let anyone pres ent address the Council if they so desire. Seconded by Council- man Brady. Carried by ythe follow- ing vote: Yeas—Mayor Justmann, Council men Brady, Lundh, Stackis, Thoms. Nays—None. Luis Moscoso addressed the Council objecting to the method used by Health Department on the removal of his dog. Councilman Lundh moved that the communication of Luis Mos- coso be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Counril• men Brady, Lundh, Staciis, Thoms. Nays—None. Notice of Claim of Mary E. Bar- rett, in an undetermined amount, for personal injuries received as the result of a hole in the street at 339 W. 7th Street on December 11, 1974, presented and read. Coun- cilman Brady moved that the no- tice of claim be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Stackis. Carried by the following vole: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to vacate and dispose of interest in Lot A of East 28' of West 50' of West 100' of Lot 2 of M. L. 179 to Harold B. do Dorothy Demkier, presented and read. No written objections were filed and no oral objectors wi re present in the Council Cham- ber at the time set for the hear - in%, Councilman Thoms moved that the proof of publication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays. –None. ORDINANCE NO. 1-7S An ordinance vacating a portion of Avoca Street located west of 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 of Dubuque, Iowa, said Ordinance having been previous- ly presented and read at the Council meeting of December 16, 1974, presented for final adop- tion. ORDINANCE NO. 1-75 AN ORDINANCE VACATING A POR- TION OF AVOCA STREET LOCATED WEST OF WEST PROPERTY LINE OF THE EAST 28' OF THE WEST 10. OF THE WEST too' OF LOT 2 OF MIN- ERAL LOT 179, IN THE CITY OF DUBUQUE, IOWA. WHEREAS, John L. White, a pro- fessional engineer, land surveyor and City Engineer of Dubuque. Iowa, has certified by plat that the home at 1971 North Grandview Avenue enroaches upon Avoca Street; and WHEREAS, the City Council eecog- nizes and acknowledges that the westerly exterior side of the said dwelling be and the same is the appropriate westerly lot boundry line; and WHEREAS, the City Engineer has pre- pared and submitted to the City Council a plat showing said street, together with the East 28' of the West s0' of the Wat too' of Lot 2 of Mineral Lot 179, and assigned a number thereto and which shall be hereafter be known and described as: Lot A of East 28' of the West 50' of the West 100' of Lot 2 of Mineral Lot 179, in the City of Dubuque, Iowa; and WHEREAS, the City Council has determined that the said portion of said street is no longer required for public use and the Planning and Zoning Com- mission of the City of Dubuque, Iowa, has approved the vacation of said Lot A of East 28' of the West s0' of the Vat 100' of Lot 2 of Mineral Lot 179, in the City of Dubuque, Iowa. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 18 Special Session, January 13, 1975 SECTION 1. That the plat of Lot A of the East 28' of the West 50- of the West loo' of Lot 2 of Mineral Lot 179, bear- ing date December 12, 1974, and pre- pared by the City Engineer of the City of Dubuque, Iowa, be and the same is herebyapproved and the Mayor and the City Clerk be and they are hereby auth- orized and directed to execute the same for and on behalf of the City of Du- buque, Iowa. SECTION 2. That said real estate described as: Lot A of the East 28' of the West 30' of the West loo' of Lot 2 of Mineral Lot 179, in the City of Du- buque, Iowa, be and the same is hereby vacated. SECTION 3. That the City Clerk be and he is hereby authorized and directed to cause notice of intent to dispose of said real estate to Harold B.and Dorothy Demkicr, which real estate is described in the paragraph hereinabove. SECTION 4. That conveyance of said Lot A of the East 28' of the West 30' of the West loo' of Lot 2 of Mineral Lot 179, in the City of Dubuque, Iowa, to Harold B. and Dorothy Demkier be and the same is hereby approved. Passed, approved and adopted this 13th day of January 1973. C. Robert Justmann Mayor James E. Brady Allan T. Thoms Alvin E. Lundh Emil Stackis Councilmen ATTEST: Leo F. Frommelt, City Clerk Published officially in the Telegraph Herald Newspaper this 16th day of January 1971. Leo F. Frommelt City Clerk It. 1-16 Councilman Thoms moved final adop;iun of the Ordinance. Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundli, Stackis, Thoms. Nays—None. RESOLUTION NO. 11.75 and Time) in Council Chamber at City HP11, Dubuque, Iowa, to con. older proposal to dispose of interest of the City of Dubuque, Iowa, in le.;l estate, hereinafter described ,n liarnld B. Demkier and Doro• thy Denikier, husband and wife; and WHEREAS, the City Council of tl:e City of Dubuque, Iowa, over- ruled any and all objections, oral or written, to the proposal to dis- pose of interest of the City of Du- buque in the hereinafter described real estate to Harold B. Demkier and Dorothy Demkier, husband and if :, • NOW THEREFORE BE IT RE- SOLV,&D BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the disposal of interest of the City of Dubuque, Iowa, in the following described real estate being a vacated portion of Avoca Street and described as: Lo: A of East 28' of West 50' of the West 100' of Lot 2 of Mineral Lot 179 in the City of Dubuque, Iowa, to Harold B. Demkier and Dorothy Demkier, husband and wife, for the consideration of $5.00, be and the same is hereby approved. Section 2: That the City Clerk be and lie is hereby authorized and directed to deliver deed of con- veyance conveying the above de- scribed real estate to Harold B. Demkier and Dorothy Demkier, husband and wife, upon receipt of the consideration of $5.00, and other good and valuable consid- eration. 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 13th day of January, 1975. C. Robert Justmann WHEREAS, pursuant to Resolu- Mayor lion to publish notice of time and Alvin E. Lundh place of hearing published in the Emil Stackis Telegraph -Herald, a newspaper of James E, Brady general circulation published in the I Allan T. Thoms City of Dubuque, luwa, on the 19th Councilmen day of December, 1974 and the 26th Attest: day of December, 1974, City Council Leo F. Frommelt of the City of Dubuque, Iowa, met I City Clerk on the 13th day of January, 1975' Councilman Thoms moved adop- at 7:30 o'clock P.M. (Central Stand• tion of the resolution. Seconded by Special Session, January 13, 1975 19 Councilman Stackis. Carried by the following vote: Yeas ---Mayor Justmann. Council men Brady, Lundh, Sl.ackis, Thoms. Nays—None. Communication of Finley Hos- pital, by D. L. Hammer, attorney, requesting an opportunity to be heard at this meeting relative to a request for a revenue bond is- sue submitted December 30, 1974, presented and read. Dave Hammer and Tom Reed. Director of Finley Hospital, ad dressed the Council relative to the communication, and submitted com- munications from Xavier Hospital and Mercy Medical Center support- ing proposal to obtain Industrial Revenue Bonds. Councilman Stack - is moved that the communication of Finley Hospital be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 2.75 An Ordin-nce for approvz-1 of fee schedule whenever and as often as any corporation shall request the City to finance any project by the issuance of In- dustrial Revenue Bonds, present- ed and read. Councilman 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 Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Thoms moved that the rule requiring an. Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the followin,; vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. ORDINANCE NO. 2.75 WHEREAS, in 1974, House File 719 became law which is an act relating to the financing of industrial and agricul- tural products including pollution control facilities by cities and counties; and WHEREAS, pursuant thereto, and by virtue thereof, various defined projects are eligible for consideration of issuance of Industrial Revenue Bonds by the City of Dubuque, Iowa, among others; and WHEREAS, it is necessary and for the best interest of the City of Dubuque, Du, usque County, Iowa, that there be pro- vided a nonrefundable ftwlt to cover preliminary costs and expenses of the City in connection with the processing of ap- plications for financing through issuance of Industrial Revenue Bonds of the City of Dubuque, Iowa; and WHEREAS, it is necessary for the bat interest of the City of Dubuque, Iowa, to provide for a financing fee to be paid to the general fund of the City of Du- buque, Iowa, for its work and respon- sibility in connection with each isms of such Industrial Revenue Bonds; and WHEREAS. such financing fee shell apply to all Industrial Revenue Bonds of the City of Dubuque, Iowa, issued under, pursuant to and in accordance with House File 719 and in accordance with Chapter 419 of the 1973 Code of Iowa. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1: That whenever, and as often as, any corporation shall request the City of Dubuque to finance any pro- ject by issuance of its Industrial Revenue Bonds, such request shall be accompanied by a nonrefundable deposit in the amount of $3,500 to cover preliminary expenses of the City of Dubuque in its investiga- tion of the desirability and feasibility of such financing. Such payment will be dis- bursed by the City to cover such expenses regardless if any such financing is com- pleted, but may be repaid as a project cost from bond proceeds if and when such bonds are issued. SECTION 2: The City of Dubuque shall charge a financing fee to be determined by ti:e City Council each time the bonds are issued by it under the provisions of this Ordinance. Fees so determined shall be not less than $5,000 nor greater than the amount equal to sio.00 per $1,000 of bonds for the first $1,000,000 of bonds issued, ss.00 per s1,000 of bonds for the next $4,000,000 bonds issued, and $2.00 per $1,000 of bonds for any amounts issued in excess of $5,000,000. The max- imum allowable fee should be calculated on the principal amount of bonds issued at each time the issuance of such bonds by the City. The fee determined by the City Council shall be deemed to cover all of the services rendered by any sad all officers and employees of the City, and shall be considered to be a project cost payable out of bond proceeds. Passed, approved and adopted by the City Council on the 13th day of January, 1971. C. Robert Justa►ann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorne Councilmen i ATTEST: Leo F. Frommelt City Clerk 20 Special Session, January 13, 1975 Published officially in the Telegraph Herald Newspaper this 16th day of January 1971. Leo F. Frommelt City Clerk lt. 1-16. Councilman Thorns moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 12.75 WHEREAS, the City of Dubuque, Iowa, and its City Council has been advised that applications will be filed by various organizations for the City to issue Industrial Rev- enue Bonds in accordance with and pursuant to Chapter 419 of the 1973 Codeof Iowa as amended by House File 719 which was ap- proved on June 3, 1974; and WHEREAS, such applications petition the City of Dubuque, Iowa, to issue Industrial Revenue Bonds, which are proposed to be issued in the name of the City of Dubuque, Iowa; and WHEREAS, it is necessary and advisable that the City of Dubuque, Iowa, engage a financial consultant to assist the City in evaluating and considering said applications for the issuance of Industrial Rev- enue Bonds by the respective ap- plicants: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the City of Du. buque does hereby engage the serv- ices of Paul D. Speer & Associates, Inc., municipal finance consultants, in connection with services to be rendered to the City as such fin- ancial consultants in connection with applications for the proposed issuance of Industrial Revenue Bonds and that said terms of em. l)loyment shall be in accord with the Letter of Agreement, dated Jan. uary 6, 1975, wherein said Paul D. Speer & Associates, Inc, outlines the terms of the employment, the extent of its fees, and the manner of payment thereof, which Letter of Agreement is hereby approved and the City Manager be and it hereby authorized and directed tc execute same for and on behalf A the City of Dubuque, Iowa. Seclion 2: That the payment of !h^ fees to the said Paul D. Speer k Associates, Inc., in connection ,with financial consulting services relating to the issuance of Indus- trial Revenue Bonds be paid from the proceeds of deposits required by the City of Dubuque, Iowa, from the applicants as outlined and con- tained in the ordinance No. 2-75, passed and adopted and approved on the 13th day of January, 1975, and that the said Paul D. Speer & Associates, Inc. shall only be direct- ed to proceed in accordance with the terms of the Letter of Agree- ment in connection with any fi- nancial consulting services as re- lates to a proposed issue of Indus- trial Revenue Bonds only, and on condition, that such deposits have been made by such respective ap- plicant with the City of Dubuque. Passed, adopted and approved thiq 13th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution and the City Manager be authorized to execute memorandum agreement. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of American Legion Auxiliary requesting permission to sell poppies on May 23rd and 24th, presented and read. Councilman Lundh moved that the petition be received and filed and referred to the City Manager for ratification. Seconded by Councilman Stackis. Cirried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Councilman Lundh re- questing status position of Com- munity Development Funds and re- questing a date for a workshop on the subject, presented and read. Special Session, January 13, 1975 21 Councilman Stackis moved that the petition be received and filed. Sec- onded by Councilman I.undh. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Lor - as & Leta Beadle to consider the City Manager's report of the de- lapidated buildings located on White and East 11th Streets, pre- sented and read. No written objec- tions were filed and no oral ob- jectors were present in the Coun- cil Chamber at the time set for the hearing. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 13.75 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on City Lot 338, City of Dubuque, Iowa, except the concrete block building on southwest corner of City Lot 338, Dubuque County, Iowa, are dangerous to life and health because of their condition and that demand has been made by him upon Loras and Leta A. Beadle, 1635 Finley Street, Du- buque, Iowa, as owners of said property, that the conditions com- plained of be corrected and that said owners have failed to correct the conditions within the time pro- vided by the notice; and. WHEREAS on December 23, 1974, the City Council set said re- port down for hearing at 7:31) o'clock P.M. Central Standard Time January 13, 1975, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of saic hearing; and WHEREAS it appears by returr of service now on file in the ree ords of the City Council that no tice of said hearing was given bi serving by Certified Mail on De cember 27, 1974, and by publica tion in the Telegraph -Herald news paper on December 30, 1974, and WHEREAS pursuant to said vo- ice on order of the City Council public hearing was held at 7:30 'clock P.M. Central Standard Time n January 13, 1975, in the City :ouncil Chamber in the City Hall a the City of Dubuque, Dubuque :ounty, Iowa, at which time the wners of the above described real state were afforded an opportun- ty to be heard and witnesses con- erning the condition of the prop- rty and the hazard were heard; md, WHEREAS the Council has duly !onsidered the testimony of the vitnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE IT RE- iOLVED BY THE CITY COUNCIL )F THE CITY OF DUBUQUE, AWA: Section 1. That the structures known as 1085, 1091, 1095 White Street and 56, 72 and 74 East Eleventh Street, City Lot 338, City )f Dubuque, Dubuque County. Iowa, be and the same are hereby found and declared t,) be din ,er- ous to life, health and property and a nuisance; Section 2. That the City Man- ager be and he is hereby authorized and directed to cause the struc- tures known as 1085, 1091, 1095 White Street and 56, 72 and 74 East Eleventh Street, City Lot 338, City of Dubuque, Dubuque County, Iowa, to be dismantled and re- moved. The concrete block build- ing on the southwest corner of City Lot 338, City of Dubuque, Iowa, is exempt from this Reso- lution. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and In the same manner as general property taxes. Section S. That the City Clerk be and is hereby directed to re- cord a certified copy of this Reso- lution in the office of the County Recorder of Dubuque County, Iowa. Special Session, January 13, 1975 Passed, adopted and approved this 13th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Th,,ms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 14-75 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 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 ap- proved and licen,es 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 LICENSE Thomas Andresen, Avenue Tap, 1080 University Avenue Passed, adopted and approved this 13th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 15.75 WHEREAS, applications for Li- quor Licenses were filed by the within named applicants and they Thomas Andresen, Avenue Tap, 1080 University Avenue Passed, adopted and approved this day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. As 9:20 P.M. Councilman Stackis moved to go into Executive Ses- sion to discuss appointments to various Boards and Commissions. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas— Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Council reconvened in regular session at 11:28 P.M. Mayor Justmann announced the following appointments: Robyn Slattery and Dave Berger reap- pointed to the Youth Services and Diann Fikany, Robert Guzzle, Lar- ry Cremer and JoAnn Bellucel ap- pointed as new members, all for a one year term; and Doretha Smith i and Thomas Tully reappointed to the Human Rights Commission and Veronica Hansen appointed as a new member, all for three year terms expiring January 1, 1978. Councilman Stackis moved ratifies- Special Session, January 13, 1975 23 Lion of the appointments. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, I.undh, Stackis, Thorns. Nays—None. Councilman Brady moved that recommendations relative to the Building Department be adopted in the form of a resolution. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. There being no further business, Councilman Thorns moved that the meeting be adjourned until 7:30 P.M. on January 14, 1975, in the Council Chambers. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved April 21, 1975. Adopted April 21, 1975 Councilmen City Clerk 24 Adjourned Special Session, January 14, 1975 CITY COUNCIL OFFICIAL Adjourned Special Session, Janu- ary 14, 1975. Council Met at 7:30 P.M. (C.S.T.). Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor .Justmann read the call and stated that service thereof had been duly made and this is AN ADJOURNED SPECIAL MEETING OF JANUARY 13, 1975, CALLED FOR THE PURPOSE OF CON- SIDERING STATUS OF WAGE. NEGOTIATIONS FOR CITY EM. PLOYEES and acting upon such other business as may properly come before a regular meeting of the Council. January 14, 1975 Honorable Mayor and City Council My office has been negotiating with the various employee group organizations in an attempt to reach a mutual agreement on the wage and benefit package for the period January 1, 1975 through June 30, 1976. The settlement that has been reached between the employee group organizations and my office has been ratified by the majority of the group organizations. There- fore, I am recommending that the proposed wage and benefit pro- gram be adopted by the City Coun- cil and made effective January 1, 1975. I would request your adoption of the attached Resolution. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, 'Thoms Nays—None. RESOLUTION NO. 16.75 WHEREAS, the City of Dubuque Iowa, through its City Manager': Office, has been negotiating agree ments relating to wage and bene fit programs with various em doyee group organizations and employee groups; and WHEREAS, the parties have peached agreement on various wage ind benefit programs to be effec- .ive for the period January 1, 1975 through June 30, 1976 as >tipulated in the manual identified is the City of Dubuque. January 1, 1975 - eune 30, 1976, Wage and Salary Plan; and WHEREAS, it is desirous that the City Manager be given author- iLy by the City Council to place in effect this proposed wage and salary plan. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: 1) that the City Manager be authorized to imple- ment the proposed wage and sal- ary plan and employee benefits for the period January 1, 1975 through June 30, 1976; 2) that the City Manager be authorized to execute Memoranda of Agreements relat- ing to the plan with various em- ployee group organizations; and 3) that the City Manager be authoriz- ed to recommend adjustments to the pay plan during the period January 1, 1975 through June 30, 1976 as may be deemed necessary for the effective operation of the City of Dubuque. Passed, adopted and approved this 14th day of January, IW5. C. Robert Justmann Mayor Alvin E. Lundh James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, 'Thoms. Nays — Councilman Stackis. Councilman Stackis moved that Personnel Manager, Walter Bockes, be instructed to keep on negotiat- ing with the union that did not agree to contract, if so requested. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays — None. Adjourned Special Session, January 14, 1975 25 Councilman Stackis moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None, Mr. Owen Riley, business agent for the General Drivers Union ob- jected after the vote on the resolu- tion by stating that it is wrong that the Council did not allow comment from the labor unions prior to ap- proving the contract. Mr. William Sweeney, business agent for the Operating Engineers stated that the contract was rati- fied conditionally, and they would have to honor rejection of contract. Mayor Jusimann moved to re- impose the rules. Seconded by Councilman 'Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. COUNCIL RECESSED AT 8:55 P.M. RECONVENED AT 9:00 P.M. Councilman Lundh moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Mayor Just - mann, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Dave Clemens, Chairman of Ad- visory Committee, addressed the Council reporting on various pro- posals to house City Government. At 10:14 P.M. Councilman Brady moved to go into Executive Session to discuss matters relating to ac- quiring real estate for housing City Government and Personnel mat- ters. Council reconvened in regular session at 10:48 P.M. They stated matters were discussed relating to possible acquisition of properties for housing City Government. Councilman Thoms moved that Council and Staff again meet to review Medical Associates building po,ential and also review potential use of parking lot. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. There being no further business, Councilman Thoms moved that the meeting be adjourned. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Leo F. Frommelt City Clerk Approved ..... P.r ...l: 21..i...1975. councumen Atte C ...... .......................... i Clerk 26 Special Session, January S0, 1975 CITY COUNCIL OFFICIAL Special Session, January 20, 1975. Council mit at 7:20 P.M. (C.S.T.) Pres-nt—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. City Manager Gilbert D. Chavenalle. Mayor Justmann 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 AN ORDINANCE REVISING AND RE-ESTABLISHING A BUILD. ING CODE FOR THE CITY and acting upon such other business as may properly come before a regu- ILr meeting of the Council. Notice of Claim of Mrs. Oswald J. Holz, in an undetermined amount, for personal injuries re- ceived in a fall in the alley behind J. C. Penney Co., on January 10, 1975, presented and read. Council- man Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedi"s. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Notice of Claim of Mrs. Ralph Brockman, in an undetermined amount, for personal injuries re- ceived in a fall at 1835 W. 3rd Street due to an icy condition on January 14, 1975, presented and read. Councilman Thoms moved that the Notice of Claim be re- ferred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lup4h,, . Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing on an Ordinance, re- establishing a Building Code, Fire Prevention Code, Creating and es- tablishing Fire Zones, Regulation and maintaining, repairing, servic- ing, installing, altering and inspec- tion of signs, presented and read. Councilman Thoms moved that the proof of publication be re- crivA and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays.—None. Communication of Dubuque Building Trades Employers Assn. seeking information on certain as- pects of the proposed code along with suggestions for improvement of the proposed building code, pre- sented and read. Councilman Thoms moved that the communi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Stackis, Thoms. Nays—None. Councilman Stacki., moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. David Willy, George Deininger, and Paul Rossiter addressed the Council as all being in favor of adoption of the proposed Building Code Ordinance. ORDINANCE NO. 3-75 An Ordinance Revising and Re- establishing a Building Code for the City of Dubuque, Iowa, Cre- asing the Office of Building Of- ficial, Regulating the Construc- tion, Alteration, Reconstruction, Removal, Maintenance, Use, Equipment and Inspection of Buildings and Structures with- in the City of Dubuque, Iowa; and Fixing Fees for Such In- spection and Providing for Pen. alties for Violation of Said Ordi- nance. Said Ordinance having been pre- viously presented and read at the Council meeting of December 16, 1974, presented for final adoption. ORDINANCE NO. 3.75 An Ordinance revising and re-estab- lishing a Building Code for the City of Dubuque, Iowa, creating the office of Building Official, regulating the construc- tion, alteration, reconstruction, removal, Special Session, January 20, 1975. 27 maintenance, use, equipment and inspec- tion 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. NOW, THEREFORE, BE 1T ORDAIN- 1?I) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE., IOWA: SECTION 1. That the Uniform Build- ing Code, 1973 Edition, be adopted: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the Building Code of the City of Dubuque. Iowa, that certain Building Code known as the Uniform Building Cade, 1973 Edition, and the Uniform Building Code Standards, 1973 Edition, a• prepared and edited by the International Conference of Building Officials of Whit- tier, California, and the provisions of said Building Code shall be controlling in tht construction of buildings and other struc- tures and in all matters covered by said Building Code within the Corporate Limits of the Citv of Dubuque, Inwa, and shall be known as the Dubuque Building Code. SECTION 2. That the Ordinance here. in adopted shall be published in book form. SECTION 3. The Dubuque Building Code is hereby amended by repealing Section 201 of the Uniform Building Code, 1973 Edition, and replacing said Section with new Section in lieu thereof as follows: Sec. 201 (a) Creation of Department. There is hereby established in the City of Dubuque, Iowa, the Building Department which shall be under the jurisdiction of the Building Official. (b) Qualifirations of thr Building Offirial. The Building Official must be a person competent to carry out the intent and purpose of this Code. (c) Appointment of Building Official and Assistants. As soon as possible after the adoption of this Ordinance and before the same shall take effect, the City Man- ager of the City of Dubuque shall appoint a competent person to fill the office of Building Official. This person shall hold the office of Building Official during the pleasure of the City Manager or until his successor has been selected and qualified. The City Manager shall also secure and appoint sufficient and competent assis- tants to aid the Building Official in the performance of his duties. (d) Organization. The City Council ,hA11 provide the Building Official will, the necessary number of assistants, in- spectors and other employees as shall be necessary for the administration of this Code. (e) No official or employee connected with the department of building inspoc- tiun shall be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of abuilding, or the preparation of plans or of specifications therefor, unless he is the owner of the building, nor shall such Officer or employee engage in any work which conflicts with his official duties or conflict with the interests of the depart- ment. SECTION 4. The Dubuque Building Code is hereby amended by repealing Section 202 of the Uniform Building Code, 1973 Edition, and replacing said Section with a new Section in lieu thereof as follows: Sec. 202 (a) Pourrs and Duties of Building Official. The Building Official is herebv authorized and directed to en- force all the provisions of this Code. For such purpose he shall have the powers of a police officer. (b) Drpu!ie•s. In accordance with the proceuure and with the approval of the chief appointing authority of the munici- pality, the Building Official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. fie may deputize such employees as may be neces- sary to carry out the functions of the Building Department. (c) Reports and Records. An official record shall be kept of all business and activities of the Building Department specified in the provisions of this Code, and all such records shall be open to public inspection. The Building Official shall keep com- prehensive records of applications, per- , as issued, certificates issued, inspections Zde, reports rendered and of notices or orders issued. All such records shall be open to public inspection fur good and sufficient reasons at office hours observed by the City, but shall not be removed from the office of the Building Official. The Building Official shall make writ- ten reports to the City Manager once each I month. or oftener if requested, including statements of permits and certificates issued. (d) Right of Entr3. Whenever neces- sary to make an inspection to enforce any of the provisions of this Code, or when- ever the Building Official or his Author- ized representative has reasonable cause to believe that there exists in any build- ing or upon any premises, any condition which makes such building or premises unsafe as defined in Section 203 of this Code, the Building Official or his auth- orized representative may enter such build- ing or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided that if such building or premises be occupied. lie shall first pre- sent proper credentials and demand entry; and if such building or premises be un- occupied; he shall first make a reasonable effort to locate the owner or other par- 28 Special Session, January 20, 1975 sons having charge or control of the Section 203 of the Uniform Building building or premises and demand entry. Code, 1973 Edition, and replacing said If such entry is refused, the Building Section with a new Section m lieu thereof Official or his authorized representative i as follows: shall have recourse to every remedy pro- 11 Sec, 203 Unsafr Buildings. All buildings vided by law to secure entry. I or structures which are structurally um "Authorized Representative" shall in- safe or not provided with adequate egress, elude the officers named in Section 202 or which constitute a fire hazard, or are (a) and (b) of this Code. otherwise dangerous to human life, or which in relation to existing use constitute Nu owner or occupant or any other a hazard to safety or health, or public person having charge, care or control welfare, by reason of inadequate main - of any building or premises shall refuse, tenance, dilapidation, obsolescence, fire fail or neglect, after proper demand is I hazard, disaster damage, or abandonment, made as herein provided, to promptly per- as specified in this Code or any other mit entry therein by the Building Official i effective ordinance, are, for the purpose or his authorized representative for the i of this Section, unsafe buildings. All such purpose of inspection and examination unsafe buildings are hereby declared to be pursuant to this Code. Any person violas- public nuisances and shall be abated by ing this Subsection shall be. guilty of a repair, rehabilitation, demolition or re - misdemeanor. snoval in accordance with the procedure (e) Stop Orders. Whenever any build- specified in Ordinance No. 35-52 or by ing work is being done contrary to the any procedures provided by law. provisions of this Code, the Building Official may order the work stopped by SECTION 6. The Dubuque Building giving notice in writing served on any Code is hereby amended by repealing persons engaged in the doing or causing Section 204 of the Uniform Building such work to be done, and any such Code, 1973 Edition, and replacing said persons shall forthwith stop such work Section with a new Section in lieu thereof until authorized by the Building Official as follows: to proceed with the work. Sec. 204 Board of Appeals. In order to (f) Occupancy Violations. Whenever determine the suitability of alternate any structure is being used contrary to materials and methods of construction, to the provisions of this Code, the Building provide for reasonable interpretations of Official may order such use discontinued the provisions of this Code, and to have and the structure, or portion thereof, the authority to grant a variation from vacated by notice served on any person the requirements of this Code in specific causing such use to be continued. Such individual cases where the strict inter. person shall discontinue the use within ten pretation of this Code would cause undue (10) days after receipt of such notice hardship or practical difficulty and the ,it make the structure, or portion thereof, granting of such variation would not in - comply with the requirements of this crease the hazards to life or property, Code; provided, however, that in the there shall be and is hereby created a event of an unsafe building Section 203 Board of Appeals, consisting of five shall apply, members who are qualified by experience (g) liability. The Building Official or and training to pass upon matters per. any employee charged with the enforce- twining to building construction. The merit of this Code for the City, acting in Building Official shall be an ex -officio good faith and without malice in the member and shall act as Secretary of the discharge of his duties, shall not thereby Board• become liable personally and he is hereby The Board of Appeals shall be appoint - relieved from 211 personal liability for any ed by the City Council. Three members damage that may accrue to persons or of the Board shall serve the remainder property as a result of any act required of a two year term to expire on Decem- or by reason of any act or omission in ber 31, 1975, and the other two members the discharge of his duties. Any suit of the Board shall serve the remainder brought against the Building Official or of a two year term to expire on Decent - employee, because of such act or omission her 31, 1976, or until their successors are performed by him in the enforcement of duly appointed and qualified. .All suc- any provisions of this Code, shall be cessive appointments shall be for two defended by the legal department of the year terms. The Board shall adapt rea. City until final termination of the pro- sonable rules and regulations for con- ceedings. ducting its investigations and shall render (h) Cooperation of Olber Of fitials. all decisions and findings in writing to The Building Official may request, and the Building Official with a duplicate shall receive so far as may be necessary copy to the appellant and may recom- in the discharge of his duties, the assist• mend to the City Council such new ante and cooperation of other officials of legislation as is consistent herewith. the City. SECTION 7. The Dubuque Building SECTION 5. The Dubuque Building Code is hereby amended by repealing Code is hereby amended by repealing Section 205 of the Uniform Building Special Session, January 20, 1975 29 Code, 1973 Edition, and replacing said Section with a new Section in lieu there- of as follows: Sec. 205 Violations and Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy, or main- tain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Code. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a mis- demeanor, and each such persons shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this Code is committed, continued, or per- mitted, and upon conviction of any such violation, such person shall be punishable by a fine of not less than $10.00 nor more than $100.00 or by imprisonment not exceeding thirty (30) days. SECTION g. The Dubuque Building Code is hereby amended by repealing Sec- tion 301 of the Uniform Building Code, 1973 Edition, and updating said Section with a new Section in lieu thereof as follows: Chapter 9 PERMITS AND INSPECTION$ 6. State the valuation of the proposed work; 7. Be signed by the permittee, or his authorized agent, who may be re- quired to submit evidence to indi- cate such authority; S. Give such other information as rea- sonably may be required by the Building Official. (c) Plans and Sper-i/cations. With each application for a building permit and when required by the Building Official for enforcement of any provisions of this Code, two sets of plans and specifications shall be submitted. All plans and specifi- cations shall be scaled or stamped by a registered professional architect or regis- tered professional engineer, except build- ing in the following classifications: (1) Single or two family dwellings and associated accessory buildings. (2) Apartment buildings uesd exclu- sively as the residence of not more than two families. (3) Facwries, offices, garages, ware- house and mercantile buildings con- taining less than 50,000 cubic feet volume, providing they have no floor or roof spans greater than 30 feet and are not more than two stories high. (4) Alterations to or remodeling of buildings or structures where no Application for Permits:I part of the basic structure is dis- Sec. 301 (a) Permits Regrirrd. No Curbed or altered. person, firm, or corporation shall erect, (d) Information on Plans and Sprci- construct, enlarge, alter, repair, move, fications. Plans and specifications shall be improve, remove, convert, or demolish drawn to scale upon substantial paper or any building or structure in the City, or cloth and shall be of sufficient clarity to cause the same to be done, without first I indicate the nature and extent of the obtaining a separate building permit for work proposed and show in detail that it each such building or structure from the will conform to the provisions of this Building Official. Application for permits Code and all relevant laws, ordinances, may be made by the owner or lessee, or rules and regulations. The first sheet of agent of either, or the architect, engineer each set of plans shall give the house or builder employed in connection with the and street address of the work and the proposed work. name and address of the owner and per - (b) Application. To obtain a permit sort who prepared them. Plans shall in - the applicant shall first file an appli- elude a plot plan showing the location cation therefor in writing on a form of the proposed building and of every furnished for that purpose. Every such existing building on the property. In lieu application s11211: of detailed specifications, the Building 1. State the name of the property Official may approve references on the plans to a specific section or part of this owner; Code or other ordinances or laws. 2. Identify and describe the work to be covered by the permit for which Computations, sufficient stress diagrams, and other application is made; data sufficient to chow the correctness of the plans, shall be submitted when re- s. Describe the land on which the pro- I quired by the Building Official. Plans for posed work is to be done, by lot, buildings more than two stories in height block, tract, and house and streetI f otherll than Groups I and J Occupan- address, or similaro description that cies shaindicate how required structural will readily identify and definitely and fire -resistive integrity will be main - locate the proposed building or tained where a penetration will be made work; for electrical, mechanical, plumbing, and 4. Indicate the use or occupancy for communication conduits, pipes and similar which the proposed work is intended; systems. s. Be accompanied by plans and spec- SECTION 9. The Dubuque Building ifications as required in Subsection Cude is hereby amended by repealing Sec - (c) of this Section; tion 302 of the Uniform Building Code, Special Session,_ January ..20, 1975 30 1973 Edition, and replacing said Section of this Code sall eMxre y limitation and with a new Section in lieu thereof as ' become null and void, if the building or follows. I work authorized by such permit is not commenced within 90 days from the date Building Permits:I of such permit. Sec. 302 (a) lisrunrr. The application, A permit which has expired by limita- plans and specifications filed by an apph- I tion may be extended for a period of 90 cant for a permit shall be checked by the days at a time, for good and sufficient Building Official. Such plans may be reviewed by other departments of the city masons, upon written application; how- to check compliance with the laws and ever, rhe total time for the original permit ordinances under their jurisdiction. If the and any exunssons shall not exceed 270 days. Building Official is satisfied that the work (e) Suspension or Rea oration. The described in an application for permit and Building Official may, in writing, suspend the plans filed therewith conform to the or revoke a permit issued under provisions requirements of this Code and other per of this Code whenever the permit is fining laws and ordinances, and that the I issued in error or on the basis of in - fee specified in Section 303 (a) has been correct information supplied, or in viola. paid, he shall issue a permit therefor to tion of any ordinance or regulation or the applicant. any of the provisions of this Code. When the Building Official issues the permit, he shall endorse in writing or SECTION 10. The Dubuque Building stamp on both stts of plans and specifi- I Code is hereby amended by repealing Sec - cations "APPROVED." Such approved tion 303 of the Uniform Building Code, plans and specifications shall not be 1973 Edition, and replacing said Section changed, modified, or altered without with a new Section to lieu thereof as authorization from tht Building Official, follows: and all work shall be done in accordance with the approved plans. The Building Official may issue a per- rnit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted. (b) Reteetion of Plans. One set of approved plana, specifications, and com- putations shall be retained by the Build- ing Offiical for a period of not less than 90 days from dare of completion of the wort covered therein, and one sec of approved plans and specifications shall be returned to the applicant, which set shall be kept on such building or work at all times during which the work authorized thereby is in progress. (e) Validity. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the pro- visions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifications shall not prevent the Building Official from thereafter rc quiring the correction of errors in said plans and specifications or from prevent- ing building operations being carried on thereunder when in violation of this Code tar of any usher ordinance of the City. (d) Etpiration. Every permit issued by the Building Official under the provisions Fees: Sec. 303 (a) Bsuldis,q Permit Fret. No permit as required by this Code shall be issued until the fee prescribed in tbis Ordinance shall have been paid, nor shall an amendment to a permit be approved until tlee additional fee, if any, due to anincrease in the estimated cost of the building or structure, shall have been paid. The fee for any building permit shall be based upon the valuation of the pro- posed construction work. The determination of value or valua- tion under any of the provisions of this Code shall be made by the Building Official. The valuation fur new construction shall include the cost of all building materials and the usual cost of labor whether such labor is performed by the owner or others. Such valuation may ex- clude the cost of the lot or improvements to the lot such as - grading, landscaping, walks or drives, or the cost of the air conditioning, electrical, heating, plumbing or ventilation systems for which separate inspection fees arc charged; however, the approximate value of these items shall be shown on the permit tat the space pro- vided for that purpose. The valuations for alterations, repairs, replacement or remodeling shall include Lilt oat of materials and the usual cost of labor, whether such labor is performed by the owner or by others, fur the in- stallation or construction of any repair, replacement or remodeling which becomes all integral part of the building or struc- ture. The Building Official may correct the stated valuation of any building or struc- ture if such valuation appears to be in- correct or underestimated. Where work for which a permit is required by this Code is started prior to Special Session, January 20, 1875 33 obtaining said permit, the fm about spec- ified shall be doubled, but the payment of sucli double fee shall not relieve any person from fully complying with the requirements of this Code in the execution of the work nor from any other penal- ties prescribed herein. (b) Fees Not included. The payment of the fees referred to in Section 303 (a) of this Code shall not relieve the appli- cant, permit holder, or other persons from the payment of any other fee or fees that may be prescribed by law or by ordinance. (c) Wailer of Fen. No fee shall be required for buildings awned and used exclusively by the City. (d) Rrimprenon Fre. The fee for making a trip of inspection upon receipt of notice staring a building is ready for inspection when same is not shall be Sig -00. TABLE NO. 1-A Part (a) — BUILDING INSPECTION FEES: VALUA'T'ION and FEF. 50.00 to $500.00--- $5.00. $501.00 to $1,100.00-55.00 for the first $500.00 plus $.50 for each ad- ditional slo0.00 or fraction thereof, to and including $1,500.00. $1501.00 to $2,000.00--!10.00 for the first $1,500.00 plus $.40 for each ad- ditional $100.00 or fraction thereof, to and including $,000.00. $2,001.00 to 1120,000.00--1112.00 for the first {:,000.00 plus $4.00 for each ad- ditional 55,000.00 or fraction thereof, to and including $20,000.00. $20,001.00 to $50,000.OU—$84.00 for the first $20,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $10,001.00 to $100,000.00—$174.00 for the first $50,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. slooit50o.01 and up—$274.00 for tlse first slo0,000.00 plus $1.00 for each ad- ditional $1,000.00 or fraction thereof. Part (b) — BUILDING DEMOLITION FEES: One or two family dwellings: $5.00. Buildings other than one or two family dwellings: $10.00. EXCEPTIONS: 1. No fee shall be charged for issuing a permit for any building that is not iargtr than 12' x 24'. 2, The Building Official may waive the demolition fee to a homeowner for an unsalvageable, worn-out, one-story build- ing located on the premises on which he resides, provided that the building is not being wrecked by order or under con- demnation procedures. Part (c) — FEES FOR THE MOVING OF HOUSES AND LARGER BUILDINGS: Moving hotues and larger buildings: S25.tlU, SECTION 11. The Dubuque Building ;ode is hereby amended by repealing ,eetion 304 of the Uniform Building .ode, 1971 Edition, and replacing said ,action with a new Section in lieu there - 'f as follows: rsspec t loris : Sec. 304 (a) General. All construction sr werli for which a permit is required hall be subject to inspection by the iluilding Offkcial, and certain types of unstruction shall have continuous in- spection by special inspectors, as speci- fied in Section 301. The Building Offidal may require the applicant to submit a surrey of the lot to rhow compliance of the structure with approved plans. (b) lespection Arrord Ga•d. The Budding Official shall establish and Haim twin inspection record cards in the Build- ing Department files, indicating inspec- tions by date and inspector's name. (c) Appmval Rryaired. No work shall be dose on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by :ach of the inspections required in Sub- section (d). 7liere shall be a final inspection and approval on all buildings when completed and ready for occupancy. (d) Repaired lusprrtions. No reinforc- ing steel or structural framework of any part of any building or stracture shall be covered or concealed in any tanner without first obtaining the approval of the Bolding Official. The huklding Official, upon notifies - tion from the permit holder or his agent, shall make or cause to be made the fol- lowing inspections and shall either sp. prove that portion of the construction as completed or shall notify the permit - holder or his aseat the manner in which said construction fails to comply with the requirements of this code. 1. l'Oaaadatioa IuWpecrti0n: The foun- dation insp"tion shall be made be- fore footings are poured. 2. Frame Inspection: The frame in- spection shall be made after the roof, all framing, fire -block"" and bracing are in place sod all pipes, chimneys and vents arc complete. The first inspcctiuns of the ekctri- cal wirigg, heating and plumbing 'ball have been made and approved before the frame inspection is made. 3. Finsl lnsprction: The final inspec. tion shall be made after the building or structure is completed and ready for occupants• (e) Whey !ns/srtlWns. in addition to the called inspections specified above, the 32 Special Session, January 20, 1M Building Official may make or require ' Inv other inspections of any construction work to ascertain compliance with the provisions of this Code and other lawn which are enforced by the Building De- partment. For the purpose of determining com- pliance with Section 104 (h), the Build- ing Official may cause any structure to be reinspected. (f) Reinspectiont. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not com- plete or when corrections called for are not made. This Subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for impactions before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection the applicant shall file an application therefor in writ- ing upon a form furnished for that pur- pose, and pay the reinspection fee in ac- cordance with Section 303. In instances where reinspection fen have been assessed no additional inspection of the work will be performed until the requited fees have been paid. SECTION 12. The Dubuque Building Code is hereby amended by repealing Sec- tion 1305 of the Uniform Building Code, 1973 Edition, and replacing said Section with a new Section in lieu thereof as follows: Light, Ventilation, and Sanitation: Sec. 1305 (a) Iigbt and Ventilation. Each room in a dwelling unit shall be provided with natural light by means of windows with a glazed area of not lest than one -tench of the floor area of such room, with a minimum of 10 square feet of glazed area in each habitable room, and a minimum of 3 square feet of glazed area in a bath -room. Not less than one. half of the glared area shall be operable to provide natural ventilation. EXCEPTION: 1. In kitchen, bath- rooms, or laundry rooms, artificial light may be substituted for natural light, and mechanical ventilation may be installed in lieu of natural ventilation, provided that such ven- tilation is discharged through ducts directly to the outside and is capable of providing five air changes per hour in bathrooms and laundry rooms. and two air changes per hour in kitchens. 2. Required minimum light and ventilatior may he provided to anv room except bedrooms from an adjoining room which contains the total gland area requirements for both rooms, provided that such rooms arc connected by a common wall which is not less than one-half open and unobstructed, or contains a walk- through opening of more than 25 square feet, whichever opening is greater. Every mechanical exhaust system, which exhausts vapors, odors, or gases, shall dis. charge through ducts directly to the out- side of the building. Required windows shall open directly onto a public street or alley or yard or court located on the same lot as the building. EXCEP'T'ION: Required windows may open onto a covered porch pro. vided that such porch: 1. Abuts a street, yard, or court; and 2. Has a ceiling height of not leu than 7 feet; and 3. Has the longer side at !wt 65 per cent open and unobstructed. Each cellar or those portions of base- ments not used as habitable space shall be provided with natural light and ven- tilation equal to not less than one per cent of the superficial floor area. A basement or cellar with only out exit doorway shall be provided with one re- mote openable window with minimum clear upening dimensions of 30 inches by 16 inches to permit emergency exit or rescue from above grade - (b) Sanitation. Every building shall be provided with at least one water closet. Every hotel and each subdivision thereof where both sexes are accommodated shall be provided with at least two water closets located in such building, which shall be conspicuously marAcd, one for each sex. Additional water closets shall be pro- vided on each floor for each sex at the rate of one for every additional 10 guests, or fractional part thereof, in excess of 10. Every dwelling until shall be provided with a kitchen equipped with a kitchen sink and with bathroom facilities, con- sisting of a water clout, lavatory and either a bathtub or shower. Each plumb- ing fixture shall be equipped with running water necessary for its normal operation. A room in which a water closet is located shall be separated from food pre- paration or storage rooms by a tight- fitting door. For other requirements on water closets, see Section 1711. SECTION 13. The Dubuque Building Code is hereby amended by repealing Section 1405 of the Uniform Building Code, 1973 Edition, and replacing said Section with a new Section in lieu there- of as follows: Special Session, January 20, 1975 33 Light, Ventilation, and Sanitation: Sec. 1405 (a) Light and Ventilation. Each room in a dwelling shall be pro- vided with natural light by means of windows with a glazed area of not less than one-tenth of the floor area of such room, with a minimum of 10 square feet of glazed arca in each habitable room, and a minimum of 3 square feet of glazed area in a bathroom. Not less than one-half of the glazed area shall be openable to provide natural ventilation. EXCEPTIONS: 1. In kitchens, bath- rooms, or laundry rooms, artificial light may be substituted for natural light, and mechanical ventilation may be installed in lieu of natural ven- tilation, provided that such ventila- tionis discharged through ducts directly to the outside and is cap- able of providing five air changes per hour in bathrooms and laundry rooms, and two air changes per hour in kitchens. 2. Required minimum light and ventilation may be provided to any room except bedrooms from an ad- joining room which contains the glazed area requirements for both rooms, provided that such rooms are connected by a common will which is not less than one-half open and unobstructed, or contains a walk- through opening of more than 25 square feet, whichever opening is greater. Every mechanical exhaust system, which exhausts vapors, odors, or gases, shall discharge through ducts directly to the outside of the building. Required windows shall open directly onto a public street or alley or a yard or court located on the same lot as the building. EXCEPTION: Required windows may open onto a covered porch pro- vided that such porch: 1. Abuts a street, yard, or court; and 2. Has a ceiling height of not less than 7 feet, and 3. Has the longer side at least 65 per cent open and unobstructed. Each cellar, ur whose portions of base- ments not used as habitable space, shall provide with natural light and ventilation equal to not less than one per cent of the floor area. A basement or cellar with only one exit doorway shall be provided with one remote openable window with minimum clear opening dimensions of 30 inches by 16 inches to permit emergency exit or rescue from above grade. (b) Sanitation. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight -fitting door. Every dwelling unit shall be provided with a kitchen equipped with a kitchen sink and with bathroom facilities con- sisting of a water closet, lavatory and either a bathtub or shower. plumbing fixtures shall be provided with running water necessary for their operation. For other requirements on water closets, see Section 1711. SECTION 14, The Dubuque Building Code is hereby amended by repealing Section 1711 of the Uniform Building Code, 1973 Edition, and replacing said Section with a new Section in lieu there- of as follows: NVater Closet Compartments and Showers: Sec. 1711 (a) Floors and Walls. In other than dwellings, floors in public toilets shall have a smooth, hard nonabsorbent surface such as portland cement, concrete, ceramic the or other approval material which extends upward onto the walls at least 5 inches. W211s within water closet compartments and walls within 2 feet of the front and sides of urinals shall be similarly finished to a height of 4 feet and, except for struc- tural elements, the materials used in such walls shall be of a type which is not ad- vcrsely affected by moisture. (b) Water Closet CnmharJnsenb or Rooms. Each water closet compartment shall have a clear width of not less than 3o inches and shall have a clear space in front of the water closet of not less than 24 inches. (c) Access to Toilet Facilities for The Handicapped. Areas served by an elevator or ramp in compliance with Table No. 33-A of the Uniform Building Code, 1973 Edition, shall have sanitary facilities ac- cessible to handicapped persons as follows: 1. Water Closet. Access for the physically handicapped shall be provided at least one water closet in each public toilet or bathroom by providing doors, openings and passageways at least 32 inches wide leading to such water closet, with a 48 inches wide approach to each 90 degree corner, and by providing a clear space immediately adjacent to such water closet of not less than 32 inches wide by 32 inches deep, with such space to be unobstructed I by dour swing, grab bars or other projections. Grab bars shall be at least is inches long and shall be mounted horizontally within easy reach (within approximately Ig inches) of such water closet at the side and back, or on each side of the compartment. .. Lavatory. Except for the project- ion of bowls and waste piping, a clear unobstructed space at least 26 inches in width, 24 inches in height above the floor and 12 inches indepth shall be provided under at least one lavatory. 34 Special Session, January 20, 1975 3. ,Mirrors, Where mirrors are pro- vided, one shall be installed so that the bottom of the mirror is i within 40 inches of the floor. 4. Towels, Where towels or hand- I drying fixtures arc provided, one shall be installed within 40 inches of the floor. (d) Shower Arras. Showers shall be finished as specified in Subsection (a) to a height of not less than 6 feet. materials other than structural elements used in such walls shall be of a type which is not adversely affected by moisture. (e) Doors and Panels. Doors and panels of shower and bathtub enclosures shall be, substantially constructed from approved shatter -resistant materials. Hinged shower doors shall open outward. (f) Glazing for Sbowrr and Bathtub Enclosures. Glazing used indoors and panels of shower and bathtub enclosures shat] be fully tempered glass, laminated safety glass, or approved plastic. 'When glass is used it shall have a minimum thickness of not less than 3-16 inch when fully tempered, or 1/4 inch when lam- inated, and shall pass the test requirement of U.B.C. Standard No. 54-2. (g) Plastics. Plastics used indoors and panels of shower and bathtub enclosures shall be of a shatter -resistant type. SECTION if. The Dubuque Building Code is hereby amended by repealing Section 1716 of the Uniform Building; Code, 1973 Edition, and replacing said Section with a new Section in lieu thereof as follows: Guardrails: Sec. 1716 Guardrails. All unenclosed floor and roof openings; open and glazed sides of landings; balconies or porches which are more than 30 inches above grade; and roofs used for other than service of the building, shall be protected by guardrail. Guardrails shall not be less than 42 inches in height. Open guard- rails and stair railings shall have inter- mediate rails or an ornamental pattern such that no object 9 inches in diameter can pass through. The height of stair railings shall be as specified in Section 3301 (i). EXCEPTIONS: 1. Guardrails need not be provided on the loading side of loading docks. 2. The height of guardrails in Group H --Apartment and Group I— Occupancies may be reduced to tot less than 36 inches, provided that the base of such guardrail is no more than 10 feet above the adjacent grade. SECTION 16. The Dubuque Building Code is hereby amended by repealing Section 1807 of the Uniform building Code, 1973 Edition, and replacing said Section with a new Section in lieu thereof as follows: SECTION 1907. High Rise Batildisrxs, (a) General. A building having a roof move than 65 feet above the lowest ad- jacent street level which is available to Fire Department vehicles, except hospitals of Type 1 or Type 11 construction, shall comply with the requirements of this section in addition to other applicable re- quirements of this Code. (b) Fire Ettiwgsrishing System. 1. An approved automatic fire extinguishing system shall be pmvickd through -out the building. The fire extinguishing system shall be designed and installed according to the provisions of N.F.P.A. Pamphlet No. 13-1972 or shall be hydraulically designed using the parameters set forth in U.B.C. Standard No. 38-1 and the following requirements: a. Shut off valves and water flow devices shall be rro,ided on each floor. In addition to actuating a local alurn on the floor upon which the water flow is detected, such valva shall be supervised by a continuously manned contrul station. by a central station, or by a remote monitoring service. b. The sprinkler system shall be looped between standpipe risers at the bottom, top and mid -height cif all buildings with a maximum of 20 stories served by any Iexsp. At each loop level there shall be check valves. c. Piping may be copper or steel. Solder used in connections shall ccustain not less than 9f per cent tin and s per cent antimony. d. Pitching of lines is out requiresi. e. A minimum of 1 fire pumps, inde- pendently driven, shall be provided and sired for the sprinker demand and for a minimum 500 gallons per minute Fire Department standpipe operations. f. An on-site supply of water equal to a 20 minute demand or 1 s,000 galloru on a combined sprinkler and standpipe, whichever is the smaller, shall he pro. vided. This supply shall be available automatically if the principal supply fails. g. Operation of the sprinker system shall activate the voice communication system. 2. The installation of an approved auto- matic fire extinguishing system ,lull allow reductions from other provisions of this Code as follows: a. The fire -resistive time periods set forth in TABLE NO. 17-A of the Uni- form Building Code may be reduced by one hour for interior bearing walls, ex- terior bearing and non-bearing wally, roofs and the brains supporting roofs, pro- vided they do not frame into coltunns. All office building partitions required M be of one-hour fire -resistive construction by said TABLE NO. 17-A and Section 3304 (g) of the Uniform Building Code I may be of noncombustible construction without a fire -resistive time period. Doors protecting openings in corridor walls need not be fire -resistive rated, provided that Special Session, January 20, 1975 35 III such openings are protected by a tight- control station for Fire Departttrent op- fitting self closing solid wood door, or crations shall be provided in a location agsaivalent approved by the Fire Department, It shall In Group It Occupancies, the fire wntain the voice communication systems resistive time period of corridor walls, and panel; fire detection and alarm system dwelling unit or guest room separation, panels; status indicators and controls for he reduced to one-half hour. elevators and air hanging systems; con- may b. The one and one-half inch hose lines trots for unlocking stairway doors; a public telephone; sprinkler value and and nozfles may be omitted. water flow detectors; and standby power c. Smokeproof enclosures may be elim- controls. inated if each required stairway is pres- (g) Smoke Control. Natural or mec.h- surized as provided in Section 3309 (h) anical ventilation for the removal of the of the Uniform Building Code to .15 products of combustion shall be provided inches of water column. in every story and shall consist of one (c) Fire Alarm. A manual fire alarm or more of the following: box shall be located adiacent to exit doors 1. Panels or windows in the exterior into stairwav shafts and in every elevator wall which can be opened from an ap- lobby. The box shall be connected to the proved location other than the fire floor. Central Control Station and to the voice Such venting facilities shall be provided communication system as required be Sub- at the rate of at least 20 square feet per sections 1807 (e) and 1807 (f). The I 50 lineal feet of exterior will in each system shall be designed in accordance story, and distributed around the peri- with U.B.C. Standard No. 18-1. meter at not more than s0 foot intervals. (d) Fire Drtertr,rs. An approved system Such panels shall be clearly identified as which will provide for automatic detection required by the Fire Department. of products of combustion other than I 2. Approved tempered glass may be used heat shall be installed between the last to lieu of openable panels. branch duct and the air handling unit in s. The mechanical air handling equip- the return air portion of every air con* menr may be designed to assist smoke re- dirioning and mechanical ventilation sys- mova 1. Under fire conditions, the return tem that serves more than one floor. The I ,and exhaust air shall be taken directly to detectors shall be set to operate within the outside without recirculation to other the limitations of U.B C. Standard No. sections of the building. 43-6• 4. A shaft through which smoke and (c) Voier Alarm and Communiration I heat can be mechanically vented to the Ssstem. 1. Both the detection system and Ioutdoors. The size of the shaft shall be the fire alarm system shall activate a uniform throughout and of such dimen- voice alarm sysrem capable of being op- sions as to provide not less than 60 air erated from the Central Control Station j changes per hour in the largest compart- on both a general as well as a selective ment served anywhere in the building. basis dependent upon the compartments- Openings into the shaft shall be protected cion involved. The alarm shall be designed will, an automatic single piece shutter to be heard by all occupants within the i Itas high in the rswm a possible and k' building or designated portions thereof as designed to vent the entire compartment. specified for the voice communication s- Any other design which will produce system. The elevator lobby detector re- equivalent results. quired by Chapter sl of the Uniform (h) F.lriatorr. There shall be provided Building Code, 197.1 Edition, shall be at least one elevator in each bank avail- connected to the system. able for Fire Department access to any 2. There shall be two separate approved ,floor. The elevator shall open into a continuously electrically supervised voice tubby, which may serve other elevators, be separated from the remainder communication systems; one for a Fire Department communication system and and ,hall of the building by construction as re- the other for a public voice communica- quired for corridors. The elevator may enclosure. tion (address) system between the central be located within a smmkeproof Chapter 11 of the Uniform Building control station and the following areas:See a. Elevators, elevator lobbies, corridors Code, 1973 Edition. for additional require- and stairways. b. Every office area exceeding 1,000 meets. I (i) Standby Power and Ligbt. An ap- feet in proved permanently installed standby square arca. c. F.ach dwelling unit and hotel guest power generation system conforming to U.B.C. Standard No. 18-1 shall be pro- room. 1. Emergency telephone available to the vided. The system shall he equipped with public shall be provided at not less than uitable means for automatically starring upon failure of the esery fifth floor in eaci, required stairway the standby generator service and for auto- 4. Whet approved, the Fire Department 4. may be combined with the public normal electrical matic• transfer and operation of all the re- voice communication system and the voice quired electrical functions at full power alarm system, within 60 seconds of such normal service with manual f; (f) Central Control Station. A central m failure. System, supervision, 36 Special Session, January 20, 1975 start and transfer features, shall be pro- vided at the Central Control Station. An stn -premise fuel supply sufficient for not len than twn hours full -demand operation of the system shall be provided. All power, lighting, signal and commun- ications facilities provided under the re- quirements of this section shall be trans- ferable to the standby power system. The power requirement shall be deter- mined so as to provide services to, but not limited to, the following: 1. Fire alarm system. 2. Exit and other emergency lighting. 3. Fire protection equipment. 4. Mechanical ventilation required by this section. 1. Fire Department elevator. 6. Voice communication system. (j) Evils. All stairway doon which areto be locked from the stairway side shall have the capability of being un- locked, without unlatching, upon a signal from the Central Control Station. All floor levels shall be clearly indi- cated in each stairwell. SECTION 17. The Dubuque Building Code is hereby amended by ropes ling Section 2301 and Table 23-B of the Uniform Building Code, 1973 Edition, and replacing said Section with a new Section its lieu thereof as follows: Sec. 2301 Roof Loads. (a) General. Roofs shall be designed to sustain, within the stress limitations of this Code, all dead loads, plus a uniform minimum snow load of thirty (30) pounds per square foot, full or unbalanced, and in addition to wind or other loads. The snow load shall be assumed to act vertically upon the area projected upon a horizontal plane. (b) Water Accumulation. All roofs shall be designed with sufficient slope or cam- ber to assure adequate drainage from dead load or shall be designed to support max• imum loads including possible ponding of water due to deflection. See Section 2307 for deflection criteria. SECTION 16. The Dubuque Building Code is hereby amended by repealing Section 2314 of the Uniform Building Code, 1973 Edition, in favor of main- taining the regulations for Seismic Zero O, which regulations and classifications have always been in effect in the City of Du- buquc, Iowa. SECTION 19. The Dubuque Building Code is hereby amended by repealing Chapter ll of the Appendix to the Uni- form Building Code, 1973 Edition. SECTION 20. The Dubuque Building Code is hereby amended by repealing Chapter 70 of the Appendix to the Uni- form Building Code, 1973 Edition. SECTION 21. The Dubuque Building Code is hereby amended by repealing Section 6003 of the Uniform Building Code, 1973 Edition, and replacingsaid Section with a new Section in lieu there. of as follows: Sec. 6003 Ordrnanres Rrhralyd. The Building Code of the City of Dubuque, Iowa, of 1961, established by Ordinance No. 16-61, referred to as the Building Code and all amendments thereto be and the same are hereby expressly repealed. SECTION 22. Savings Clause. If any section, provision or put of this Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not effect the validity of the Ordinance Its a whole; or any section, provision or part thereof not adjudged invalid or un- constitutional. SECTION 23. The Dubuque Building Code is hereby amended by repealing Section 6004 of the Uniform Building Code, 1973 Edition, and replacing said Section with a new Section in lieu thereof as follows: Sec. 6004 Then Effective. This Ordi. nance shall be in Effect after its final passage, approval and publication as re- quired by law. Introduced the 18th day of December, 1974. Rule requiring readings on three separate days suspended by unanimous vote the 16th day of December, 1974. Passed by recorded roll call vote, adopted and approved this 20th day of January, 1971. C Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommclt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of January 1971. Leo F. Frommclt City Clerk It. 1-29. Councilman Stackis mored final adoption of the Ordinance as amended. Seconded by Mayor Just- msnn. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—Bone ORDINANCE NO. 4-75 An Ordinance Amending Ordi. nonce No. 5i-70, commonly known as "The Fire Prev>ntion Coda for the City of Dubuque, Iowa" by repealing Section 1 thereof and enacting a new seo tion 1 in lieu thereof to provide that the City Council adopt 'he Fire Prevention Code recom- Special Session, January 20, 3975 37 mended by the Western Fire Chief., Association and the In- ternational Conference of Build- ing Officials being particularly the 1973 edition thereof, Said Ordinance having been pre- viously presented and read at the Council meeting of December 16. 1974, presented for final adoption. ORDINANCE NO. 4.75 AN ORDINANCE AMENDING OR- DINANCE NO. 19-70, COMMONLY KNOWN AS "THE FIRE PREVENT- ION CODE FOR THE CITY OF DU- BUQUE, IOWA: BY REPEALING SECTION I THEREOF AND ENACT- ING A NEW SECTION I THEREOF TO PROVIDE THAT THE CITY COUNCIL ADOPT THE FIRE PRE- VENTION CODE RECOMMENDED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTER- NATIONAL CONFERENCE OF BUILD- ING OFFICIALS BEING PARTICULAR- LY THE 1973 EDITION THEREOF. NOW, THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 59- 70, known as 'The Fire Prevention Code for the City of Dubuque, Iowa: Be and the same is hereby amended by repealing Section 1 thereof and enacting a new Section 1 in lieu thereof as follows: "That it is hereby adopted by the City Council of the City of Du- buque, Iowa, for the purpose of pre- scribing regulations governing con- ditions hazardous to life and property from fire or explosion, that certain code known as "Uniform Fire Code" recommended by the Western Fire Chief's Association and the Inter- national Conference of Building Officials, being particularly the 1973 edition thereof and the whole thereof, save and except Appendix F thereof which is hereby deleted therefrom, of which code not less than three (3) copies have been and are now on file in the office of the City Clerk of Dubuque, Iowa, and the same are hereby adopted and incorporated as fully as if set out at full length herein and from the date on which this Ordinance shall take effect the provisions thereof shall be controlling within the limits of the City of Dubuque, Iowa." Passed, approved and adopted this 20th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 23rd day of January 1975. Leo F. Frommelt City Clerk It. 1-23. Mayor Justmann moved final adoption of the Ordin: nce. Seeand- ed by Councilman Brady, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thom%. Nays ---N one. ORDINANCE NO. 5.75 An Ordinance Creating and Es- tablishing Fire Zones in the City of Dubuque, Iowa, for the Purpose of the Protection of Closely Built Commercial Dis- tricts Against the Hazards of Fire Spreadinq from Building to Building, by Supplementary Re- strictions on the Construction Permitted Within Such Limits, Said Ordinance having been pre- viously presented and road at the Council meeting of December 16, 1974, presented for final adoption, ORDINANCE NO. 5-75 An ORDINANCE CREATING AND ESTABLISHING FIRE ZONES IN THE CITY OF DUBUQUE, IOWA, FOR THE PURPOSE OF THE PROTECTION OF CLOSELY BUILT COMMERCIAL DIS- TRICTS AGAINST THE HAZARDS OF FIRE SPREADING FROM BUILDING TO BUILDING, BY SUPPLEMENTARY RESTRICTIONS ON THE CONSTRUC- rION PERMITTED WITHIN SUCH LIMITS. NOW, THEREFORE, BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. Fire Zones Defined. For the purpose of this Ordinance the entire City is hereby declared to be and is hereby established a Fire District and said Fire District shall be known and designated as Fire Zones No. 1, No. 2 and No. 3, and shall include such territory or por- tions of said City as outlined in an Ordinance of said City, entitled: "An Ordinance Creating and Establishing Fire Zones." Whenever the Dubuque Building Code refers to any fire zone, it shall be construed to mean one of the fire zones created by said Ordinance, Regulations within said zone refer to construction as specified in the Dubuque Building Code. SECTION 2. (A) Fire Zone No. I. BEGINNING at a point in the centerline Special Session, January 20. 1975 of the Chicago, Milwaukee, St. Paul and Pacific Railroad mainline and the center- line of Jones Street, to the centerline of the alley between Locust Street and Bluff Street; thence along the centerline of the alley between Locust Street and Bluff Street, northerly to the centerline of West Third Street; thence along the centerline of West Third Street easterly to the centerline of Locust Street; thence along the centerline of Locust Street, northerly to the centerline of Loras Blvd.; thence along the centerline of Loras Blvd., east- erly to the centerline of the alley between Central Avenue and Iowa Street; thence along the centerline of the alley between Central Avenue and Iowa Street, north- erly to the centerline of west Seven- teenth Street; thence from the centerline of the alley between Central Avenue and Iowa Street, northerly along the center- line of Heeb Street to the centerline of East Eighteenth Street, extended to the emterline of Heeb Street; thence easterly along the centerline of East Eighteenth Street, extended easterly to the centerline of Central Avenue; thence northerlyalong the centerline of Central Avenue to the centerline of East Twentieth Street; thence along the centerline of East Twentieth Street to the centerline of White Street; thence southerly along the centerline of White Street to the centerline of East Eleventh Street; thence easterly along the centerline of East Eleventh Street to the centerline of the main line of the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks; thence southerly along the centerline of the main line of the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks to the centerline of Jones Street which is the point of BEGINNING. (B) Fire Zone No. 2. BEGINNING at a point in the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad mainline and the centerline of Jones Street; thence northerly along the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the centerline of ii'est Third Street; thence easterly along the centerline of Vest Third Street to cite West bank of the Mississippi River; thence northerly along the West bank of the Mississippi River to the centerline of Kerper Blvd., extended to intersect the West bank of the Mississippi River; thence westerly and southerly along the center. line of Kerper Blvd. to the centerline of East Sixteenth Street; thence westerly along the centerline of East Sixteenth Street to the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad mainline; thence southerly along the cen- terline to the centerline of Jones Street which is the point of BEGINNING. (C) Fire Zone No. 1. All that area in the City of Dubuque except tbat specifically noted and described as Fire Zones No. 1 and 2. SECTION }. This Ordinance shall be in fall force and effect from and &fast its final passage, adoption and publication as by law provided. SECTION 4. Ordinance No. 59-74 be and the same is hereby repealed. SECTION 5. Savings Clause. If am• section, provision or part of this Ordi. nancc shall be adjudged to be invalid or unconstitutional, such adjudication shall not effect the validity of the Ordinance as a whole; or any section, provision or part thereof rat adjudged invalid or un- constitutional. Pasted by recorded roll call vote, adopted and approved this 20th day of January, 1975. C. Robert lustmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Arrest: Leo F. Frommelt City Clerk Published officially in the Telegraph licrAd newspaper the 23rd day of January, 1975. Leo F. Frommelt City Clerk It. 1-23. Councilman Stackis m,tved final adoption of the Ordinance. Second - cd by Councilman Brady. Carried by the following vote: Yeas -- :Mayor Ju-ittnUnn, Coun- cillnen Brady, Lundh, Stackis, Thums. Nays--None- ORDINANCE NO. 6.75 An Ordinance Regulating The Erecting, Maintaining, Repairing, Servicing, Installing, Altering and Insp>clion of Signs Within the Cisy of Dubuque, Iowa; and Providing for Fees for Such In- spection and Providing for Li- censing of Contractors, Bonding for Si -ns and Penalties for ViO- lation of Said Ordin nce, Said Ordinanuc haying been previously presented and read at the Council meeting of Pflecember 16, 1974, presented for final adop- tion. ORDINANCE NO. 6.75 An Ordinance regulating the erecting, maintaining, repaia ung, servicing, instal- ling, altering and inspection of signs with- in the City of Dubuque, Iowa; and pro- viding for fees for such inspection and providing for licensing of contractors. bonding for signs and penalties for viola- tion of said Ordinance. Special Session, January 20, 1975 39 NOW THEREFORE BE IT ORDAIN- ED By THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. Title. This Ordinance shall be known and may be cited as the "Sign Code", hereinafter referred to as ..this Code," j SECTION 2. Purpose and Scow. The purpose of this Code is to provide mini - ,num standards to Safeguard hic, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, clectri- ficatian, and maintenance of all signs and sign structures not located within a buitd- init in the City of Dubuque, Iowa. No sign shalt be erected in such a manner as to confuse or obstruct the view or interprcttion of any traffic sign, signal or device. The regulations of this Code are not intended to permit any violation of the provisions of any ocher lawful Ordinance. SECTION 3. Enforre»sent. (a) Authority. The Building Official is herebyauthorized and directed to enforce Al provisions of this Code. (b) Right of Entry. Whenever xces- sary to make an inspection to enforce any of this Cede, or whenever the Building Official or his aut)wnized representative has reasonable cause to believe that there exists any sign or any condition which makes such sign unsafe, the Building Official or his authorized representative may enter the premises or building on which such sign is located at all reason- able times to inspect the sign or u, per- form any duty imposed upon the Build- ing Official by this Code;provided that if such building or premises on which the sign is located be occupied, Ise shall first presentproper credentials and dertund entry; and if such budding or premises he unoccupied, he shall first make a reasonable effort to locate the owner air other persons having charge or control of the building or premises and demaaad entry. if such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy pro- vided by law cu secure entry. No owner or occupant or any other person having charge, care air control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code. Any person viulating this subsection shall be guilty of a mis- demeanor. SECTION 4. V101atnOns and Penalties. It shall be unlawful for arty person, firm, air corporation to erect, maintain, repair, service, install or alter any sign or sign structure in the City of Dubuque, Iowa. or cause the sante to be dune, contrary to, or in violation of, any of the provisions of this Code. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a mis- demeanor, and each such person shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this Code is committed, continued or per- mitted, and upon conviction of any such violation, such person shall be punish- able by a fine of not less than $10.00 nor more than $100.00 or by imprisonment not exceeding thirty (30) days. SECTION f. Drfinidsons. The following terms shalt, for the purposes of this Code, have the meanings indicated. Billba.rd, Signboard Posirr Panel. A board, panel or tablet used for the display Of printed or painted advertising matter. Building Of firial, The officer or other designated authority charged with the administration and enforcement of this Code, or his duly authorized representa- tive. Bulletin or Wall Sign. A display sign or bulletin which i< painted on or attached directly to the huddling will and which extends not more than fifteen (15) inches from the face of the wall - Closed Sign, A display sign of which less than fifty (50) per cent of the entire arca is solid or tightly enclosed or covered. Display Sign. A structure or device that is arranged, intended, designed or iused as an advertisement, announcement or direction; including signs, billboards, poster panels and advertising devices of any kind. Display Surfare. The area made avail- able by the sign structure for the purpose of displaying the advertising message. Electric Sign. Any sign containing electrical wiring, but not including signs illuminated by an exterior light source. Ground Sig». A display sign supported by uprights or braces in or upon the ground surface. ,3larqure. A permanent roofed struc- ture attached to and supported by the building and proiecting over public pro - pert v. Open Signs. A display sign in which at least fifty (50) per cent of the enclosed area is uncovered, or open to the it,,,, - mission of wind. Proiecting Sign. A display sign which is attached directly to the building wall and which extends more than tifteen (is) inches from the face of the wall. Pngrrliun. The distance by which a sign extends over public property or beyund the building line. Roof Sign. A display sign which is erected, constructed and maintained on or above the roof of a building. Sign. Any medium including its struc- ture and component parts, which is used as intended to be used to attract attentions it, the +.bled matter for advertising pur- poses other than paint on the surface of a buildutg• 40 Special Session, January 20, 1975 Sign Structure. Any structure which surports or is capable of supporting any sign as defined in this Code. A sign struc- ture may be a single pole and may or may not be an integral part of the building. Temporarp Sign or Banner. A display sign, banner, or other advertising device constructed of cloth, canvas, fabric or other light, temporary material, with or without a structural frame, intended for a limited period of display including decora- tive displays for holidays or public demonstrations. SECTION 6. General. 1. Permit. (a) No display sign, sign- board or billboard shall hereafter be erected, or attached to, suspended from or supported on a building or structure or placed on the ground until a permit for the same has been issued by the Building i Official. (b). No permit for a display sign, signboard or billboard shall be issued until the requisite indemnity has been provided. 2. Exemption. Theprovisions of this article, except, as to safety, shall not apply to a sign not more than one square foot in area stating merely the name and profession of an occupant; nor to a sign, i not exceeding 10 square feet in area on a public building, stating only the name or nature of the occupancy and informa- tion as to the conditions of use or ad- mission; nor to a wall sign not exceeding 27J square feet in area; nor to a ground sign, advertising in either case the sale or rental or the premises upon which it is maintained, not over 9 square feet in area; nor to signs erected by the munici- pality; nor to signs that are an integral part of a building. 3. The provisions of this article shall be valid only in so far as they do not interfere with the Zoning Ordinances of the Municipality or other ordinances adopted or to be adopted. SECTION 7. Alterations. 1. Structural. No display sign, sign- board or billboard shall hereafter be altered, rebuilt, enlarged, extended or re- located except in conformity with the provisions of this article. 2. Movable Parts. The changing of movable parts of signs, signboards or bill- boards that are designed for changes, or the repainting of display matter or trim shall not be deemed to be alterations with- in the meaning of this section. SECTION 8. Construction. 1. (a) Display signs placed against the exterior walls of the buildings shall not extend more than 8 inches outside of the wall surface. (b). Such signs shall not exceed 40 square feet in area, unless made of non- combustible materials, provided that mouldings, cappings and frame may be of wood. (c). Such signs shall not extend beyond the ends of the wall surface on which they are placed, except to meet and join another panel running at a right angle to same. (d). Wall signs shall be securely at. tached to the building; by means of metal anchors, bolts, expansion screws, or other method approved by the Building Official. Signs shall not be fastened by nails or staples to wooden blocks or nailing strips built into the masonry. (e). Wall bulletins of either painted or poster type, when installed within Fire Trine No. 1 shall be of nuncombust- ible material, provided that mouldings, capping, frame for face, trim and string- ers may be of wood. When such wall bulletins have a projection of more than 8 inches, a clear distance of not less than 7 feet 6 inches shall be maintained. 2. Projecting Signs. (a). No projecting sign shall project from the face of the building or structure over the street, alley, or other public space, beyond a line drawn perpendicular from a line one foot inside the curb line. When additional set -back is required, because of street lighting or boulevard lamps, the setback shall be sufficient to that said sign or signs shall in no way obstruct or interfere with said street lighting or boulevard lamps. (b). Such signs shall be at least 10 feet in the clear between the lowest point of any projection and the sidewalk im- mediately below. (c). Projecting signs shall be securely attached to the building or structure by bolts, anchors, chains or guys of such type and design as provided by the Building Official. 3. Ground Signs. (a). Ground display signs shall not exceed so feet in height above the ad- iacent ground level. (b). Within the Fire Zone No. 1 such signs, when more than 18 feet high, shall be constructed of noncombustible mater- ials, except that moudings, cappings, trim, frame for faces and stringers may be of wood. 4. Roo/ Signs. (a). Display signs that are placed above or supported on the top of a build- ing or structure shall be constructed of noncombustible materials, except the mouldings, cappings, trim, frame for faces and stringers may be of wood. (b). An open space of not leas than 3 feet shall be maintained below the bottom of the sign, except for necessary vertical supports. Any sign, including face side or ends, shall not be set closer than 3 fret to any firewall. If a 6 foot open space below sign is provided, the 3 foot set -back shall not be required. (c). No sign shall be so placed as to obstruct or interfere with a required doorway or other required means of egress, or to as to prevent free passage from one part of a roof to any other part thereof. Special Session, January 20, 1975 41 3. Lighting Reflectors. Lighting, reflector, may project beyond the face of the sign as required for proper lighting. SECTION 9. Design. All signs shall be designed according to generally accepted engineering practice to withstand wind pressures as specified in the following table. The loads shall be distributed to the structural members of the building or structure in such a way that these mem- bers will not be overstressed. Table repre- sents horizontal pressures, applied to the projected, exposed area, allowing for wind from any direction. Height from Wind Ground to Pressure Top of Pounds per Sign in Square Foot: Feet: Solid Signs Open Signs Up to 30 feet t 5 25 31 to f0 feet 25 35 51 to 99 fent 30 40 100 to199 feet 35 50 200 to 299 feet 40 55 Signs in which the projected area ex- posed to the wind consists of 70 per cent or more of the gross area as deter- mined by the overall dimensions shall be classed as solid signs; those in which the projected exposed area is derived from open letters, figures, strips, and structural framing members, the aggregate total area of which is less than 70 per cent of the gross area so determined, shall be classed as open signs. SECTION 10. License. Any person, firm or corporation desiring to maintain, alter, repair, service, install or remove signs, billboards or signboards, as covered by this article, regardless of the size or weight shall first apply to the City Coun- cil of the City of Dubuque for a license to do so, said license to be in the amount of $100,00 per year, payable annually on the first day of January of each year, except that no license shall be required for the installation of a ground sign not exceeding nine square feet in area, ad- vertising the sale or rental of a lot or parcel of property, such sign to be located on the premises so advertised. SECTION 11. Permits and Bonds, Permit fees shall be provided for as listed in the following table. Every person, firm or corporatior desiring to erect a sign,signboard or bill- board, shall first execute a bond to tht City of Dubuque, conditioned for tht payment of nut less than the amounts u specified in the following table; said bon( being further conditioned to indemnifl and hold the City of Dubuque harmles from any and all damages, loss, judgment and cost which may arise, occur, or b sustained by said Ci ry of Dubuque b,. reason of the erection, hanging or main tenance of such sign, signboard or bill board, and conditiuned further, that sucl person, firm or corporation shall ale ,romptly repay to the City of Dubuque ny and all expense and outlay incurred ty it, by reason of any of the provisions if this Article. Said bond is to be ap- ,roved by the City Council and renewed tnnually before the first day of January ,f each year, and failure to renew such bund shall operate as a termination of the permit granted as herein provided for, and the sign, signboard or billboard :rested or hung under or by virtue of such permit shall be taken down and removed from such premises within five days, and if not taken down or removed within said time, the Building Official shall remove or cause the same to be removed immediately, and the City Coun. cil shall recover the expense of such re- moval under the condition of said bond. The bond requirement on signs, sign- boards and billboards as herein contained shall hereby apply to all such signs, sign- boards, and billboards heretofore erected and existing at the time of the enactment of this code. Signs, Signboards or Billboards up to 10 square feet in area: Permit Bond Weighing less than 100 pounds .... $ 3.00 $1000.00 Weighing 100 pounds or over $ 5.00 $1000.00 10 to 29 square feet $ 6.00 $1000.00 30 to 99 square feet $ 7.00 $2000.00 100 square feet or over $10.00 $3000.00 The foregoing provisions regarding re- quired bonds shall apply when such signs, signboards or billboards project out or over public property or when placed in such a position or location that the height of such sign, signboard or billboard, above the adjacent ground level, plus ten (10) feet, exceeds the measured distance from such signs, signboards or billboards to any pubic street as defined in this code. (See definition for "street.") Any signs, signboards or billboards erected on private property that do not fall within the foregoing requirement shall be exempt from bonding as herein pro- vided. Any person, firm or corporation own- ing or maintaining a sign or signs, may furnish to the City of Dubuque, in lieu of the individual bonds referred to in the foregoing, a certificate of liability, in such form and with such surety as is acceptable to said City, in an amount not less than s1o,000.00 property damage and $50,000.00 bodily injury liability cover- age, so conditioned as to hold said City harmless from any claims of whatever kind or nature, arising out of or by rea- son of the erection, hanging or mainten- ance of such sign or signs. SECTION 12. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared in- valid or unconstitutional, for any reason, the remainder of said Ordinance shall not be affected thereby. 40 Special Session, January 20, 1975 Sign Structure. Any structure which supports or is capable of supporting any sign as defined in this Code. A sign struc- ture may be a single pole and may or may not be an integral part of the building. Temporary Sign or Banner. A display sign, banner, or other advertising device i constructed of cloth, canvas, fabric or other light, temporary material, with or without a structural frame, intended for a limited period of display including decora- tive displays for holidays or public demonstrations. SECTION 6. General 1. Permit. (a) No display sign, sign- board or billboard shall hereafter be erected, or attached to, suspended from or supported on a building or structure or placed on the ground until a permit for the same has been issued by the Building Official. (b). No permit for a display sign, signboard or billboard shall be issued until the requisite indemnity has been provided. 2. Exemption. The provisions of this article, except, as to safety, shall not apply to a sign not more than one square foot in area stating merely the name and profession of an occupant; nor to a sign, not exceeding 10 square feet in area on a public building, stating only the name or nature of the occupancy and informa- tion as to the conditions of use or ad- mission; nor to a wall sign not exceeding 2} square feet in area; nor to a ground sign, advertising in either case the sale or rental or the premises upon which it is maintained, not over 9 square feet in area; nor to signs erected by the munici- pality; nor to signs that are an integral part of a building. 3. The provisions of this article shall be valid only in so far as they do not interfere with the Zoning Ordinances of the Municipality or other ordinances adopted or to be adopted. SECTION 7. Alterations. 1. Structural. No display sign, sign- board or billboard shall hereafter be altered, rebuilt, enlarged, extended or re- located except in conformity with the provisions of this article. 2. Movable Parts. The changing of movable parts of signs, signboards or bill- boards that are designed for changes, or the repainting of display matter or trim shall not be deemed to be alterations with- in the meaning of this section. SECTION 8. Construction. 1. (a) Display signs placed against the exterior walls of the buildings shall not extend more than 8 inches outside of the wall surface. (b). Such signs shall not exceed 40 square feet in area, unless made of non- combustible materials, provided that mouldings, cappings and frame may be of wood. (c). Such signs shall not extend beyond the ends of the wall surface on which they are placed, except to meet and join another panel running at a right angle to same. (d). Wall signs shall be securely at. tached to the building by means of metal anchors, bolts, expansion screws, or other method approved by the Building Official. Signs shall not be fastened by nails or staples to wooden blocks or nailing strips built into the masonry. (c). Wall bulletins of either painted or poster type, when installed within Fire Zone No. 1 shall be of noncombust- ible material, provided that mouldings, I capping, frame for face, trim and string- ers may be of wood. When such wall bulletins have a projection of more than 8 inches, a clear distance of not less than 7 feet 6 inches shall be maintained. 2. Projecting Signs. (a). No projecting sign shall project from the face of the building or structure over the street, alley, or other public space, beyond a line drawn perpendicular Ifrom a line one foot inside the curb line. When additional set -back is required, because of street lighting or boulevard lamps, the set -back shall be sufficient so that said sign or signs shall in no way obstruct or interfere with said street i lighting or boulevard lamps. (b). Such signs shall be at least 10 feet to the clear between the lowest point of any projection and the sidewalk im- mediately below. (c). Projecting signs shall be securely attached to the building or structure by bolts, anchors, chains or guys of such type and design as provided by the Building Official, 3. Ground Signs. j(a). Ground display signs shall not exceed 50 feet in height above the ad- jacent ground level. (b). Within the Fire Zone No. I such signs, when more than 18 feet high, shall be constructed of noncombustible mater- ials, except that moudings, cappings, trim, frame for faces and stringers may be of wood. 4,Roof Signs. (a). Display signs that are placed above or supported on the top of a build- ing or structure shall be constructed of noncombustible materials, except the mouldings, cappings, trim, frame for faces and stringers may be of wood. (b). An open space of not less than 3 feet shall be maintained below the bottom of the sign, except for necessary vertical supports. Any sign, including face side or ends, shall not be set closer than 3 feet to any firewall. If a 6 foot open space below sign is provided, the 3 foot set -back shall not be required. (c). No sign shall be so placed as to obstruct or interfere with a required doorway or other required means of egress, or so as to prevent free passage from one part of a roof to any other part thereof. Special Session, January 20, 1975 Lighting Reflectors Lighting reflectors may project beyond the face of the sign as required for proper lighting. SECTION 9. Deugn. All signs shall be designed according to generally accepted engineering practice to withstand wind pressures as specified in the following table. The loads shall be distributed to the structural members of the building or structure in such a way that these mem- bers will not be overstressed. Table repre- sents horizontal pressures, applied to the proiected, exposed area, allowing for wind from any direction. Height from Wind Ground to Pressure Top of Pounds per Sign in Square Foot: Feet: Solid Signs Open Signs Up to 30 feet 11 25 31 to f0 feet 25 35 $I to 99 feet 30 40 100 to 199 feet 35 50 200 to 299 feet 40 is Signs in which the projected area ex- posed to the wind consists of 70 per cent or more of the gross area as deter- mined by the overall dimensions shall be classed as solid signs; those in which the projected exposed area is derived from open letters, figures, strips, and structural framing members, the aggregate total area of which is less than 70 per cent of the gross area so determined, shall be classed as open signs. SECTION 10. Licn'sr. Any person, firm or corporation desiring to maintain, alter, repair, service, install or remove signs, billboards or signboards, as covered by this article, regardless of the size or weight shall first apply to the City Coun- cil of the City of Dubuque for a license to du so, said license to be in the amount of $100.00 per year, payable annually on the first day of January of each years except that no license shall be It for the installation of a groundsign not exceeding nine square feet in area, ad- vertising the salt: or rental of a lot or parcel of property, such sign to be located on the premises so advertised. SECTION 11. Permits and Bonds. Permit fees shall be provided for as listed in the following table. Every person, firm or corporation desiring to erect a sign, signboard or bill- board, shall first execute a bond to the City of Dubuque, conditioned for the payment of not less than the amounts as specified in the following table; said bond being further conditioned to indemnify and hold the City of Dubuque harmless from any and all damages, loss, judgments and cost which may arise, occur, or be sustained by said City of Dubuque by reason of the erection, hanging or main- tenance of such sign, signboard or bill- board, and conditioned further, that such Person, firm or corporation shall also Promptly repay to the City of Dubuque any and all expense and outlay incurred by it, by reason of any of the provisions of this Article. Said bond is to be ap- proved by the City Council and renewed annually before the first day of January of each year, and failure to renew such bond shall operate as a termination of the permit granted as herein provided for, and the sign, signboard or billboard erected or hung under or by virtue of such permit shall be taken down and removed from such premises within five days, and if not taken down or removed within said time, the Building Official 'hall remove or cause the same to be removed immediately, and the City Coun- cil shall recover the expense of such re- moval under the condition of said bond. The bond requirement on signs, sign- boards and billboards as herein contained shall hereby apply to all such signs, sign- boards, and billboards heretofore erected and existing at the time of the enactment of this code. Signs, Signboards or Billboards up to 10 square feet in area: Permit Bond Weighing less than 100 pounds $ 3.00 $1000.00 Weighing 100 pounds or over _ S 5.00 $1000.00 10 to 29 square feet S 6.00 $1000.00 30 to 99 square feet $ 7.00 $2000.00 100 square feet or over $10.00 $3000.00 The foregoing provisions regarding re- quired bonds shall apply when such signs, signboards or billboards project out or over public property or when placed in such a position or location that the height of such sign, signboard or billboard, above the adjacent gruund level, plus ten (10) feet, exceeds the measured distance from j such signs, signboards or billboards to any pubic street as defined in this code. (See definition for "street.") Any signs, signboards or billboards erected on private property that do not fall within the foregoing requirement shall be exempt from bonding as herein pro- vided. Any person, firm or corporation own- ing or maintaining a sign or signs, may furnish to the City of Dubuque, in lieu of the individual bonds referred to in the foregoing, a certificate of liability, in such form and with such surety as is acceptable to said City, in an amount not less than s10,000.00 property damage and I $io,Ooo.00 bodily injury liability cover - Age, so conditioned as to hold said City harmless from any claims of whatever kind or nature, arising out of or by rea- son of the erection, hanging or mainten- ancc of such sign or signs. SECTION 12. Severability. Should any i section, paragraph, sentence, clause or phrase of this Ordinance be declared in- valid or unconstitutional, for any reason, the remainder of said Ordinance shall not be affected thereby. 42 Special Session, January 20, 1975 SECTION 13. Effective Dale. This Or- dinance shall be in fall force and effect immediately upon its final passage, ap- proval and publication as required by law. Introduced the 16th day of December, 1974. Rule requiring reading on three separate days suspended by unanimous vote the 161h day of December, 1974. Passed by recorded roll call vote, adopt- ed and approved this loth day of Janu- ary, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest - Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 23rd day of January 1975. Leo F. Frommeh City Clerk 1t. 1-23. Councilman Lundh moved final adontion of the Ordinance. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Jnnuary 17, 19M Honorable Mayor and Councilmen On November 22, 1974 the Plan- ning and Zoning Commission had transmitted a recommendation in favor of reclassification of My -Cap Vendors property from Single Fam- ily Residence to Multiple Resi- dence District, with inclusion in subparagraph (i) to permit off- street parking. The Council had tabled that recommendation and had asked the Solicitor to prepare an ordinance providing for off- street parking lots in Single Fam- ily Residence Districts. Such an ordinance was transmitted to you, and was then referred to the Plan- ning and Zoning Commission for their recommendation. On December 18, 1974, the mat- ter was returned to the Planning and Zoning Commission. The Com- mission affirmed that it had acted on the original petition in aware- ness that the Multiple Residence zone on the My -Cap property might also provide for its use far apart- ment purposes, and had approved the petition on that basis. It had been determined that the My -Cap property was suitable for multiple residential uses because of its lo- cation abutting a Light Industrial zone and because of its frontage on an arterial street. The proposal to permit off-street parking lots in other residential districts had earlier been consid- ered by the Commission and was included in its original draft of a new Zoning Ordinance. Similar provisions are now under consid- crati-n in our current draft or- dinance, but would make proposals for off street parking lots subject to more precise scrutiny by the Board of Adjustment. The Commis- sion's view is that the proposal to permit off-street parking lots in all residential zones is not unrea- sonable but can be more appro- priately and effectively imple- mented in the new Ordinance. In light of these considerations, the Commission has declined to make any recommendations either for or against the proposed ordinance amendment at this time. It should be noted that the ordinance reclassifying the My -Cap property to Multiple Residence District and the proposed ordi- nance permitting off-street parking lots in Single Family Residential zones now have equal standing be- fore the City Council and you may proceed to public hearing on ei- ther one. The Planning and Zon- ing Commission, however, has chosen to reaffirm its recommen- dation for Multiple Residence Dis- trict classification as the preferred alternative in this case. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Brady moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. AN ORDINANCE amending Or- dinance No. 3-34, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", by amending Article IV, Section 2, Subsection (i) thereof to permit off street parking within the following described area: Lots Special Session, January 20, 1975 43 1, 2, 3, and 4 of "Humboldt Addi- tion" in the City of Dubuque, Iowa, presented and read. Council- man Brady moved that the read- ing just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thorns. Nays—None. Councilman Brady moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Councilman Brady moved that a public hearing be held on the Ordinance on February 24, 1975 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. January 17, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a petition of Table Mound Park, Inc. requesting reclassification from Multiple Residence District to Local Busi- ness "A" District on property de- scribed as follows: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Annie Waller's Subdivision No. 2 in Sections 1 and 12, Township 88 North, Range 2 East of the 5th Principal Meridian, Table Mound Township, in the City of Dubuque, Iowa. A petition bearing 31 signatures and indicating no objection to the proposed zoning reclassification was received by the Commission and is herewith transmitted for your information. Also, there was no oral objection voiced at the public hearing. The Commission has made a stu- dy of future development plans for the Key West area and has found that restrictive commercial uses are appropriate on the west side of Rockdale Road north of Maquoketa Drive. The Local Busi. ness "A" classification is consist. ent with this objective, and the Commission has recommended that the petition be approved. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Thorns moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thorns. Nays—None. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance And Zoning Map of the City of Du- buque, Iowa" so as to change Lot 1. of 1 of 1 of 1 of 1 of 1 of 1 of 1 of Annie Waller's Subdivision No, 2 in Sections 1 and 12, T83N, R2E of the 5th P.M., Table Mound Township, in the City of Dubuque, Iowa, from "Multiple Residence District" Classification to "Local Business 'A' District" Classifica- tion, presented and read. Council- man Thorns moved that the read- ing just had be considered the first reading of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Councilman Thorns moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Councilman Thoms moved that a public hearing be held on the Ordinance on February 24, 1975 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Lundh. Car- ried by the following vote: yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. 44 Special Session, January 20, 1975 January 17, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing to establish the Single Family Residence District classification on property recently annexed to the City of Dubuque, Iowa and known as "Jungwirth's Morocco." The Commission has determined that the rugged topography and predominant residential character in the vicinity of "Jungwirth's Mo- rocco" would severely limit the de- sirability of expanding commercial activities in this area. It was also noted that the property had been classified in a Single Family Resi- dence district in the Dubuque County Zoning Ordinance prior to its annexation. For these reasons, the City of Dubuque Planning and Zoning Commission has recom- mended that "Jungwirth's Moroc- co" be placed in the Single Family Residence District. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. AN ORDINANCE zoning and classifying recently annexed "Jung- wirth's Morocco" as a "Single Fam- ily Residence District", presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun- clImaln Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman 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 Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Thoms moved that a public hearing be held on the Ordinance on February 24, 1975 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa" by repealing off- street parking as a supplementary use within the multiple residence district as proved by Subsection (i) of Section 2 of Article IV, and by adding a new Subsection (n) of Section 1 of Article II in lieu there- of to permit parking lots in the single family residence district as a special exception upon authori- zation by the Board of Adjustment, presented and read. Councilman Brady 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 Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Brady 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 Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Brady moved that a public hearing be held on the Ordinance on February 24, 1975 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Neldia Jane Fitzgib- bons requesting refund in the amount of $50 on unexpired por- tion of Cigarette License No. 472, discontinued business on Decem- ber 19, 1974, presented and read. Councilman Lundh moved that the refund be granted and the City Au- Special Session, January 20, 1975 45 ditor directed to issue proper war- rant. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Neldia Jane Fitzgib- bons requesting a refund in the amount of $211.25 on unexpired portion of Beer -Liquor License, dis- continued business on December resentedand r ad. C un - 19, 1974, p cilman Lundh moved that the re- fund be granted and the City Au- ditor directed to issue proper war- rant. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Philip G. Marti ex- pressing an interest in the pur- chase of Lot 153 in Lennox Addi- tion located at 2888 VanBuren Street, presented and read. Coun- cilman Lundh moved that the pe- tition of Philip Marti be referred to the City Manager and City So- licitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. January 17, 1975 Honorable Mayor and City Council The Cedar Street Lift Station Valve and Sluice Gate Modifica- tion has been completed substan- tially in accordance with plans and specifications by Fondell and Sons, Inc, of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Bra- dy. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms, Nays—None. FINAL ESTIMATE RESOLUTION NO. 17.75 WHEREAS, the contract for the Cedar Street Lift Station Valy( and Sluice Cate Modification, 197, has been completed and the Cit! Engineer has submitted his fine stimate showing the cost thereof ncluding the cost of estimates, otices, inspection, and preparing he assessment and plat, now there - ore, BE IT RESOLVED, by the City ;ouncil of the City of Dubuque, That the cost of said improve- nent is hereby determined to be 12,340.00. That $ none of the cost thereof hall be assessable upon private property and $12,340.00 shall be paid from the Sanitation Sewage tental Fund of the City of Du- iuque. Passed, adopted and approved his 20th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 1675 WHEREAS, the contract for the Cedar Street Lift Station Valve and Sluice Gate Modification, 1974 has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now there- fore, 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. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor the amount of his con. tract, less any retained percentage provided for therein. 46 Special Session, January 20, 1975 Passed, adopted and approved this 20th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None, January 16, 1975 Honorable Mayor and City Council 1 submit for your consideration a resolution authorizing the Ma- yor to sign a Contract for Public Employment with the State Office for Planning and Programming. I recommend that the contract be signed. I attach a copy of a letter from Mr. Gordan Bennett in which he indicates an allocation of $85,000 to serve unemployed residents of the City. On January 14th he and his associate, Walter Salomom, re- viewed the Employment Program with the Mayor and the Manager's office. From this discussion, it ap- pears that the important reason for the contract is that the city staff can conduct the program ex- peditiously and adapt it to our local needs. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. RESOLUTION NO. 19.75 WHEREAS, the Federal Govern ment has enacted the Comprehen sive Employment and Training Act Title VI and has made funds avail able to hire unemployed people and WHEREAS, the Governor of thi State of Iowa, through the Offlo for Planning and Programming, has designated the City of Du- buque as a Program Agent, and has allocated funds in the amount of $85,000.00 to serve unemployed residents of this city; and WIiEREAS, it is required of the City, as Program Agent, to submit an employment plan and contract with the Iowa State Office for Planning and Programming: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that the Mayor is authorized to sign the Contract for Public Employ- ment with the Iowa State Office for Planning and Programming. Passed, approved and adopted this 20th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leu F. Frommelt City Clerk Counicilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—Councilman Brady. Communication of Paul D. Speer & Associates advising of discussion with the City Attorney as to a pro- posed resolution providing for pub- lication of notice of a public hear- ing on the proposed Hospital Fa- cility First Mortgage Revenue Bonds, presented and read. Mayor Justmann moved that the commu- nication be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Mr. D. L. Hammer, attorney for Finley Hospital, addressed the Council expressing their "Thanks" and "Appreciation" given to them from Council concerning The Fin- ley Hospital Project. RESOLUTION NO. 20.75 RESOLUTION fixing a date for hearing on proposed Hospital Facility First Mortgage Revenue Special Session, January 40, 1975 47 Bonds (The Finley Hospital Project), Series A WHEREAS, the City of Dubu- que, a municipality and political subdivision in the County of Du- buque, State of Iowa (the "City") is authorized by Chapter 419 of the Code of Iowa, 1973, as amended (hereinafter sometimes referred to as -Chapter 419") to issue revenue bonds and loan the proceeds to one or more contracting parties to be used to pay the cost of land, build- ings and improvements suitable for the use of any voluntary non- profit hospital; and WHEREAS, the City proposes to make the necessary arrange- ments with The Finley hospital (the "Corporation"), an Iowa non- profit corporation, for the finane ing (as hereinafter described) of the improvement of, and purchase of equipment for, its voluntary nonprofit hospital located in the City (hereinafter sometimes refer- red to as the "Project"); and WHEREAS, the location of this Project within the City will im- prove the general health and wel- fare of the inhabitants of the City: and WHEREAS, in order to expedite the anticipated public benefits and avoid delays which would other- wise occur pending the completion of the procedures necessary to be carried out by the City to make the required funds available, and to enable the Corporation to pro- ced with and complete the Prof. ect, it is considered necessary and desirable that the City provide sat- isfactory assurances that the pro- ceeds of the sale of the proposed hospital facility revenue bonds, when issued will be made available to finance the Project; and WIfEREAS, it is deemed neces- sary and advisable for the promo- tion of the general health and wel- fare of the inhabitants of the City, that the hospital facilities be ac- quired, improved and equipped, as aforesaid, and that the City take such action as may be required un- der applicable statutory provisions to authorize and issue. the Series A Bonds, as hereinafter defined, t finance the cost of the Project a. hereinafter described: and WHEREAS, the aggregate cos of the Project, including amount. necessary to repay construction loans obtained by the Corporation until permanent financing could be arranged, has been estimated to be not less than $4,2511,000., and it is proposed to pay the cost of the Project, to that amount, through the issuance of the Hos- pital Facility First Mortgage Rev- enue Bonds (The Finley Hospital Project), Series A (the "Series A Bonds") in that amount, but it is first necessary to conduct a public hearing on the proposal to issue the Bonds, as required and provid- ed by Section 419.9 of the Act; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 10th day of February, 1975, at 7:30 o'clock P.M., at which time and place a public hearing shall be held on the proposal to issue the Hospital Facility First Mortgage Revenue Bonds (The Finley Hos- pital Project), Series A, in the amount of $4,250,000., as referred to in the preamble hereof, and at which hearing all local residents who appear shall be given an op• portunity to express their views for or against the proposal to is sue the Series A Bonds. Section 2. The City Clerk is here. by directed to give notice of in- tention to issue the Series A 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 general circulation within said City, in substantially the following form: NOTICE OF INTENTION TO ISSUE HOSPITAL FACILITY FIRST MORTGAGE REVENUE BONDS The City Council of the City of Dubuque, in Dubuque County, Iowa, will met on the 10th day of February, 1975, at the Council Chambers in the City Hall, Dubu- que, Iowa, at 7:30 o'clock P.M., for the purpose of conducting a public hearing on the proposal to issue o ilospital Facility First Mortgage s Revenue Bonds (The Finley Hos. pital Project), Series A, of said t. City, in the principal amount of s $4,250,000, for the purpose of loan- Special Session, January 20, 1975 ing the proceeds thereof to The Finley Hospital to defray- the cost, to that amount. of the acquisition of certain equipment and improve- ments by said Corporation, includ- ing the repayment of construction loans obtained by the Corporation until permanent financing could be arranged, all to be located on a site within the City. These bonds, when issued, will be limited obliga. tions and will not constitute gen- eral obligations of said City nor will they be payable in any man- ner by taxation, but said bonds will be payable solely and only out. of the revenues to be derived by said City from a Loan Agreement between said City and The Finley Hospital. At the time and place fixed for said public hearing all local resi- dents who appear will be given an opportunity to express their views for or against the proposal to is- sue said bonds. By order of the City Council January 20, 1975. Leo F. Frommelt City Clerk Section 3. That the City of Du- buque, hereby recognizes that ac- tions taken and to be taken by the Corporation in connection with the acquisition and construction of the Project have been and will be tak- en in reliance upon the willingness of the City to cooperate in the financing of this Project through the issuance of the above described Hospital Facility First Mortgage Revenue Bonds (The Finley Hos- pital Project), Series A. Section 4. That all resolutions or parts thereof in conflict herewith be and the same are hereby repeal- ed, and this resolution shall be ef- fective forthwith upon its passage and approval. Passed and approved January 20, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded January 20, 1975. Leo F. Frommelt City Clerk Councilman Stackis moved adop tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: yea'— Mayor Justmann, Coun- Cilmen Brady, Lundh, Stackis, Th )ms. Nays — None. RESOLUTION NO. 21-75 WHEREAS, applications for Beer Permits 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 grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT John J. Heiderscheit, Johnnie's Market, 1278 Central Avenue Passed, adopted and approved this 20th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stacki>, Thorns. Nays -- None. RESOLUTION NO. 22-75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived 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 follow- ing named applicants a Beer Per- mit. CLASS "C" BEER PERMIT John J. Heiderscheit, Johnnies Market, 1278 Central Avenue Special Session, January 20, 1975 49 Passed, adopted and approved this 20th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Peas — Mayor Justmann, Coun• cilmen Brady, Lundh, Stackis, Thoms. Nays — None. There being no further business, Councilman Thoms moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Leo F. Frommelt City Clerk Approved April 21, 1975 Adopted April 21, 1975 50 Special Session, January 27, 1975 CITY COUNCIL OFFICIAL Special Session, January 27, 1975. Council met at 7:30 P.M. (C.S.T.) Present --Mayor Justmann, Coun- cilmn Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the. PURPOSE OF ACT- ING UPON SUCH BUSINESS AS MAY PROPERLY COME BEFORE THE MEETING. Communication of Iowa State Highway Commission advising that the Federal Highway Administra- tion has given location approval for the corridor public hearing presented at Epworth on April 18, 1974 and designating project Num- bers F-520-8 and F-520-9, present- ed and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Communication of State of Iowa Public Employment Relations Board submitting proposed rules to be submitted to the Depart- mental Rules Review Committee of the Iowa Legislature, to effectuate the purposes of the Public Employ. ment Relations Act, presented and read. Councilman Stackis moved that the communication be receiv- ed and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Stackis, Thoms. Nays — None. Communication of Dubuque Am. bassadors submitting a proposal for disbursement of money that was won in the 1974 Iowa Com- munity Betterment Contest, pre- sented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Mays .— None. Robert Dorothy of the Dubuque Ambassadors addressed the Coun. cil stating that due to Youth In- volvement in the contest last year. they recommend a contest of 30 days duration be held in the City's three high schools. Students would be asked to write statements on "How. To Improve Our Commun- ity." Three finalists from each high school would be selected and three prizes would be awarded at each school. Mayor Justmann mov. ed that the communication of Du. buque Ambassadors be received and filed and proposal approved. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays — None. Communication of Planning & Zoning Commission submitting minutes of their meetings of Janu- ary 9th and 15th, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Mayor Just- mann. Carried by the following Communication of Iowa Depart- ment of Environmental Quality submitting a copy of Guidelines for the review of Federally Fund- ed Highway projects to serve as a criteria for departmental review of highway air quality analyses, pre- sented and read. Councilman Lundh moved that the communica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: vote. Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Communication of Dubuque Dock Commission submitting their resolution congratulating the U.S. Corps of Engineers for the suc- cessful two hundred years of op- eration enjoyed by the Corps and requesting a concurring resolution j by the Council, presented and read. Mayor Justmann moved that the communication be received and Special Session, January 27, 1975 51 filed and adoption of the resolu- tion be approved. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Communication of Dubuque Dock Commission submitting a communication sent to the Corps of Engineers relative to the con- struction of wharf and dock facil- ities in Dove Harbor by Thruput. presented and read. Councilman Brady moved that the communica- tion be received and filed and re- ferred to the Council, City Manag- er, City Staff and solicit efforts of other City Departments. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundth, Stackis. Nays — Councilman Thoms. Councilman Thoms moved tha, Councilman Stackis be placed on the Area "C" Development Com- mittee. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays — Councilman Brady. Communication of YMCA -YWCA advising of their planning for the Youth In Government program for this year and requesting a coordin ating meeting with the City Man- ager's Staff, presented and read. Councilman Thoms moved that the communication be referred to the City Manager. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of Janu- ary 21, 1975, presented and read. Councilman Thoms moved that th minutes be received and filed. Sec- onded by Mayor Justmann. Carrie by the following vole: Yeas — Mayor Justmann, Coun cilmen Brady, Lundh, Stackis Thoms. Nays—None. January 23, 1975 Honorable Mayor and Members of City Council Pursuant to Resolution No. 375- 74 and Resolution No. 420-74, ap. propriate legal notices were duly published in the Dubuque Tele- graph•Herald, a newspaper of gen- eral circulation in Dubuque Coun- ty, Iowa, on November 7 and 14. 1974, and on December 12 and 19, 1974, inviting developers and builders to submit proposals for the development of privately -own- ed housing to be assisted by hous- ing assistance payments pursuant to Section 23 of the U.S. Housing Act of 1937, as amended. This is to advise that no pro- poials were received in response to such published notices or to other measures undertaken by the Department of Community Devel- opment to solicit interest in the program. Under date of January 21, 1975 the City of Dubuque was officially advised by the attached letter of the termination of the program. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundb, Stackis, Thoms. Nays — None. Councilman Brady moved that Mr. Gent Wittenberg be instructed to proceed in developing a possible plan for the implementation of a program for rehabilitation of exist- ing housing for Community Devel opment and the investigation of a revolving fund fo be set up for the purpose of financing of the re- habilitation and to explore the legal possibilities of plans to pri- vate owners of existing housing with report back to City Council by March 1. Seconded by Mayor Justmann. Carried by the follow. ing vote: e Yeas --Mayor Justmann, Coun- cilmen Brady. Lundh, Stackis. Thoms. Nays—None. Communication of "Citizens for Decency Thru Law" Dubuque chapter. submitting copies of peti- 52 Special Session, January 27, 1975 tions to Governor Ray protesting massage parlors and further re- questing to be heard at the meet• ing and also presenting copy of Des Moines Ordinance, presented and read. Mrs. Mary Lee Marting address- ed the Council relative to the communication. Mayor Justmann moved that the communication be received and filed and referred to the City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. January 22, 1975 Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Deputy Fi- nance Director, Water Superintend- ent, Health Department, as well as a list of claims paid, for the month of December 1974. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and fil- ed. Seconded by Councilman Lundh. Carried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays — None. Notice of Claim of Vera Hanley, in an undetermined amount, for personal injuries received in a fall on an icy sidewalk in the Town Clock Plaza on January 2, 1975, presented and read. Mayor Just - mann moved that the notice of claim be referred to the City Sol- icitor for proper proceedings. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. January 24, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on an Ordinance proposing to restrain the demoli- tion of structures within the seven areas of the City having concen- trations of architecturally signifi- cant buildings. The basis of identi- fication of these areas is contained in the staff report "The Heritage of Dubuque," and copies of it are enclosed for your review. The public hearing brought forth no objection to the Ordin- ance. The Planning and 'Zoning Com- mission has unanimously recom- mended your approval of the pro- posed Ordinance herewith attach- ed. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the fo:lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. AN INTERIM ORDINANCE au- thorizing a ninety (90) day waiting period prior to the issuance of a demolition permit for any building located within The Fourth Street Neighborhood, Fenelon Place Neighborhood, Third Street Neigh- borhood, Washington Street Neigh. borhood, Jackson Park Neighbor. hood, West Eleventh Street Neigh- borhood and Broadway Street Neighborhood, presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays — None. Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Councilman Thoms moved that a public hearing be held on the Or- dinance on February 10, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. See- Special Session, January 27, 1975 53 onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Petition of V.F.W. requesting permission to hold Buddy Poppy Sales on May 9th and 10th, 1975, presented and read. Councilman Lundh moved that the petition be received and filed and approved and referred to the City Manager for ratification. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thorns, Nays — None. January 23, 1975 Honorable Mayor and Members of City Council The Fischer Realty Company has advised that it will be neces- sary to increase the rentals for the spaces presently under lease in the Fischer Building to house the Department of Community De- velopment and the Planning and Zoning Office. The last adjustment of rentals for both spaces was made six years ago, and it would appear that the operating expenses over which they have no control justify the increase requested. The Department of Community Development occupies Suite 10-B containing approximately 750 square feet. Their present rental is $170 per month or $2.75 per square foot. The new rental will be $190 per month at a rate of $3.04 per square foot, per annum. The Planning and Zoning Office occupies Suite 411, and their cur- rent rental is $330 per month or $3.27 per square foot. The new rental will amount to $350 per month at a rate of $3.47 per square foot, per annum. Both increases are effective April 1, 1975 and we would recom- mend that we be permitted to execute the necessary Amend- ments to the present leases at the new rates. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed as amended. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. RESOLUTION NO. 23.75 AUTHORIZING THE EXECUTION OF AMENDMENTS TO LEASES FOR SUITES 10-B AND 411 IN THE FISCHER BUILDING WHEREAS, the City of Dubuque leases from the Fischer Realty Company, on a year to year basis, Suites 10-B and 411 in the Fischer Building to house the Department of Community Development and the Planning and Zoning Office; and WHEREAS, the Fischer Realty Company has advised that due to the increase in operating costs it is necessary to increase the rentals for both suites effective April 1, 1975; and WHEREAS, said respective leas- es provide for ninety day cancel- lation clause. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manag- er be and he is hereby authorized and directed to execute Amend- ments to the following leases with the Fischer Realty Company. Department of Community Development Lease dated February 28, 1969 Suite 10-B $190.00 per month Planning and 'Zoning Office Lease dated June 20, 1973 Suite 411—$350.00 per month Passed, approved and adopted this 27th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Brady moved adop tion of the resolution as amended. Seconded by Mayor Justmann. Car. ried by the following vote: Yeas — Mayor Justmann, Coun, cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Special Session, January 27, 1975 RESOLUTION NO. 24.75 Accepting Work Performed Un. der Demolition Con+ract No. 1- 74 for the Downtown Urban Re- newal Project, Iowa R.15, WAS, Demolition Contract HDRE No. 1.74 executed under date of October 7, 1974 with F. N. Smith Construction, Inc. and K. W. Gaber Construction Company for the re- moval and site clearance of Parcel 15-4 in the Downtown Urban Re- newal Project area has been com- pleted; and WHEREAS, upon recommenda- tion of the City Engineer and the Director of Housing and Redevel- opment, the City Manager has ex- amined the work and finds that the work has been completed in accordance with the terms of the Contract and recommends its ac- ceptance; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the recommen- dation of the City Manager be ap- proved and that said work be and the same is hereby accepted. Passed, approved, and adopted this 27th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 25.75 put into action a Plan which weaves the arts into the fabric of theeveryday life of neighbor- hoods and the City as a whole; and WHEREAS, City Spirit is a ma. jor Bicentennial initiative of the Endowment to involve many com- munity interests in the exploration and Planning of a community cul. tural life on an ongoing basis; and WHEREAS, City Spirit provides an opportunity for the City of Du. buquue to exercise its leadership and creativity in cooperation and partnership with many public and private agencies and organizations to further develop, expand and en- hance interest in the arts in its many forms to all walks of life in Dubuqueland; now therefore BE IT RESOLVED by the City Council of the City of Dubuque. Iowa: swnON 1. That the Mayor of the City of Dubuque be and he is hereby auuthorized and directed to execute and cause to be submitted in association with the Dubuque Arts Council an application for a City Spirit Grant to the National Endowment for the Arts. Passed, approved and adopted this 27th day of January, 1975. C. Robert Justmann Mayor Alvin E. Lundh James E. Brady Emil Stackis Allan T. Thoms Councilmen Authorizing the Execution of an Application for a City Spirit Grant WHEREAS, City Spirit is a new National Endowment for the Arts Program to provide matching grants to encourage local commun- ities to bring "arts" interests and the "noararts" interests together to consider- the overall artistic and aesthetic environment in which they live and work and to Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Jus'mann, Council- men Brady, Lundh, Slackis, Thoms. Nays—None. RESOLUTION NO. 26.75 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. Special Session, January 27, 1975 55 CLASS "B" BEER PERMIT JFK DoInc., Dubuque (also Sunday Sales), 2075 J.F.K. Drive Passed, adopted and approved this 27th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 27-75 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 PERMIT JFK Fast Foods, Inc., Pizza Hut of Dubuque (also Sunday Sales), 2075 J.F.K. Drive Passed, adopted and approved this 27th day of January 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- ion of the resolution, Seconded by :ouncilman Stackis. Carried by the ollowing vote: Yeas—Mayor Justmann, Council - nen Brady, Lundh, Stackis, Thoms. Nays—None. At 10:00 P.M. Mayor Justmann noved to go into Executive Ses- ion to discuss pending litigation n landfill area. Seconded by "ounciiman Stackis. Carried by the 'ollowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Council reconvened in Regular Session at 10:20 P.M. stating they discussed matter of purchase price of landfill site. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following Me: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved April 21 Regular Session, February 3, 1975 57 CITY COUNCIL OFFICIAL Regular Session, February 3, 1975, Council met at 7:30 P.M. (C.S.T.) Present — M,yor Justmann, Councilmen Brady, Lundh, Stackis, Thoms. City Mr:nager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such business as may prop- erly come before the Sleeting. City Management submitting The Becker Report (management Re- port) on Job Classification, Volume I on Pay Survey, and Volume Il on Pay Administration Manual. Councilman Stackis moved that the report be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Tri-State Elec- tronics Ass'n., being a group of Dubuque TV service technicians, being of the opinion that the qual- itv of TV signal being supplied by Dubuque TV -FM Cable Co. is still unsatisfactory, presented and read. Mayor Justmann moved that the communication be received and filed and referred to Council and City Manager. Seconded by Coun- cilman Thoms. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Abstain—Councilman Lundh. Mayor Justmann moved that a Public hearing be held for the Du- buque TV -FM Cable Company rate structure on February 24, 1975, at 7:30 o'clock Y.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to Publish notice of the hearing. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Abstain --Councilman Lundh. Communication of Urban Renew - Director advising that Mr. 11ampton will be present at this meeting to discuss status of pro- posed Ramada Inn Motor Lodge in the Downtown area, presented and read. Councilman Lundh moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thams. Nays—None. Mr. Robert Hampton addressed the Council stating financing is still the problem for the building delay, and questioned the possi- bility of issuing industrial bonds. Councilman Brady moved this be the final extension date unless financing is secured in the inter- ium. MOTION DIED FOR LACK OF A SECOND. Councilman Thoms moved that an extension be granted to R. Hampton & Associates until March 3, 1975. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Thoms. Nays — Councilmen Brady. Stackis. Ccntnednian Thoms moved that the communication of Urban Re. newal Director be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays ---None. RESOLUTION NO. 28.75 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. WHEREAS, under dale of Sep- tember 4, 1973, the City of Du- buque and R. Ifampton and Com. pany, Inc, entered into a Contract for Sale of Land for Private Re- development covering Block 14 in Dubuque Downtown Plaza; and WIIEREAS, the said Contract provided that construction was to Commence within six months from November 11, 1973, the date of delivery of the deed to said parcel Regular Session, February 3, 1975 by the City of Du- visory Commission submitting min. of real estate buque to R. Hampton and Com- utes of their meeting of January 28, 1975, and request from David pany, Inc.; and WHEREAS, the City Council of Clemens to discuss Advisory Com - to the City of Dubuque has from time mission meeting relative com- munity development funds for the to time granted R. Hampton and Fourth Street peninsula, presented Company, Inc., at their request, ex- dates and read. Councilman Brady moved tensions of time to certain that the communication be re- in which to commence construe- ferred back to the Commission tion of the improvements upon of real estate; and for correction of the minutes. Sec. the said parcel onded by Mayor Justmann. Carried WIiEREAS, R. Hampton and by the following vote: Company, Inc. has been unable to yeas—Mayor Justmann, Council - secure the required commitment men Brady, Lundh, Stackis, Thoms. for financin; the construction of Nays—None. the improvements upon the said of real estate; and Communication of Board of Dock parcel WHEREAS, it is deemed to be Commissioner; submitting minutes of their meeting of December 5, in the best interest of the Down- 1974, presented and read. Council - town Urban Renewal Project, man Lundh moved that the com- Iowa R-15, and the City of Du- munication be received and filed. buque to grant R. Iiampton and Seconded by Mayor Jus,mann. Car - Company, Inc. a further extension ried by the following vote: of time in which to commence and yeas—Mayor Justmann,Council• complete construction of the re- men Brady, Lundh, Stackis, Thoms. quired improvements; now there- Nays—None. fore Communications of Airport Com - BE IT RESOLVED by the Coun- mission submitting minutes of cil of the City of Dubuque, Iowa: their meetings of November 14 and SECTION 1. That the time in December 26, 1974, and January which R. Hampton and Company, 16, 1975, presented and read. Coun- Inc. is to commence construction Gilman Lundh moved that the min - of the required improvements up- utes be received and filed. Second. on Block 14 in Dubuque Downtown ed by Mayor Justmann. Carried by Plaza be and the same is hereby the following vote: extended to March 3, 1975., and the yeas—Mayor Justmann, Council - time in which the said improve- men Brady, Lundh, Stackis, Thoms. ments are to be completed shall Nays—None. be eighteen months from said date. Communication of Playground & SECTION 2. That all other terms, Recreation Commission submitting conditions and provisions of the ininutes of their meeting of Jan - Contract for Sale of Land for Pri• uary 13. 1975, presented and read. vate Redevelopment dated Septem- Councilman Lundh moved that the ber 4, 1973, shall remain in full minutes be received and filed. Sec - force and effect. onded by Councilman Thoms. Car - Passed, adopted and approved ried by the following vote: this 3rd day of February, 1975. Yeas—Mayor Justmann, Council - C. Robert Justmann men Brady, Lundh, Stackis, Thoms. Mayor Nays—None. Alvin E. Lundh Communication of Department of Allan T. Thoms Community Development advising Councilmen of arrangement to hold meetings Attest: in various areas of the City to I.eo F. Frommelt discuss range of activities relative City Clerk to Community Development Block Councilman Thoms moved adop- Grant Funds, presented and read. tion of the resolution. Seconded by Councilman Thoms moved that the Mayor Justmann. Carried by the communication be received and following vote: filed. Seconded by Mayor Just- Yeas—Mayor Justmann, Council- mann. Carried by the following men Lundh, Thoms, vote: Nays — Councilmen Brady, Yeas—Mayor Justmann, Council- Stackis. men Brady, Lundh, Stackis, Thoms. Communication of Dubuque Ad- Nays—None. Regular Session, February 3, 1975 59 Communication of Tanktek In- dustries objecting to the proposed Fourth Street Redevelopment, more particularly objecting to the proposed paving of E. 7th Street, presented and read. Mayor Just - mann moved that the communica- tion be received and filed and a copy he sent to the 4th Street De- velopment Studv Commission. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thoms. Nays—None. Communication of Area One Vo. rational Technical School advising of a Dubuque County organization al meeting for all those interested in services to senior citizens to be held on February 27th at Divine Word College in Epworth, pre- sented and read. Councilman Lundh moved that the communi- cation be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, I.undh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of list of receipts and disbursements during the month of December, 1974, present- ed. Councilman I.undh moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. January 30, 1975 Honorable Mayor and City Council Increased lighting has been re- quested in the area- of Gay Street. playfield. The situation has been investi. ;sated and it is recommended that a new 175 watt mercury vapor light be installed at the east end of a parking strip on Putnam Street, and an existing 4000 lumen incandescent fixture at the west end be replaced with a 175 watt mercury vapor light. Gilbert 1) .Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Councilmen Brady, Lundh, Thoms. Nays—Mayor Justmann, Coun- cilman Stackis. Communication of Mayor Just - mann indicating intention of plac- ing a motion before the Council to explore the possibility of es- tablishing a revolving fund to pro- vide interest free loans to citizens of Dubuque to replace lead water lines and arrange for repayment of such loans via regular payments of City Water Bills, presented and read. Councilman Thoms moved that the communication be re- ferred to the City Manager, City Solicitor and Water Superintend- ent. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Alpha Phi Omega of Loras College requesting permis- sion to distribute tags to support the "Shamrocks for Dystrophy" Drive on March 15, 1975, presented and read. Councilman Lundh moved that the petition be ap- proved and referred to the City Manager for final approval. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of D.A.V. Unit #E6 re- questing permission to sell Forget- Me-Nots on August 1 and 2, 1975, presented and read. Councilman Lundh moved that the petition be approved and referred to the City Manager for final approval. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—Pone. Communication of Dubuque Jay- cees requesting adoption of a reso- lution supporting their bid to host the National Outstanding Young Harmer Congress for 1976, present. ed and read. Councilman Lundh moved that the commuunication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays—None. 911 Regular Session. February, 3, 1975 RESOLUTION NO 29.75 Soliciting the 1976 Outstanding Young Farmers' Awards Con, gress for the City of Dubuque. WHEREAS. the President of the United States of America desig- nated the Reek of January 19, 1975. as National Jaycee Reek in mcognition of America's gratitude for the many contributions of the United States Jaycees: and VPHER.EAS. for more than thir• ty-five years the Dubuque Jaycees 1 have brought together young men 1 from all ealks of life and who by their energy, skills and persever- ance have contributed in substan- tial measures to the growth and promotion of Dubuqueland: and WHEREAS, the Dubuque Jaycees to the credit of themselves and the City of Dubuque hosted the 1974 Outstanding Young Farmers' Awards Congress bringing togeth- er forty outstanding candidates from forty different states: and WHEREAS, the Dubuque Jaycees have bid to host the 1976 Out- standing Young Farmers' Awards Congress as a major undertaking for the local observance on the occasion of the 200th anniversary of the United States of America to be celebrated nationwide in 1976; and VVHERrIAS. Dubuque, the oldest city in the State of Iowa, rich in history and heritage, is the first Bicentennial City in the State; now therefore BE IT RESOLN ED by the City Council of the City of Dubuque, Iowa: SECTION 1, That the United States Jaycees are urgently and cordially solicited by the City of Dubuque to award the 1976 Out- standing Young Farmers' Awards Congress to the Dubuque Jaycees. SECTION 2. That the City Clerk be and he is authorized and di- rected to provide a certified copy of this resolution to the Dubuque Jayvees for their personal delivery to the United States Jaycees at their National Headquarters in Tul- sa, Oklahoma. Passed, approved. and adopted this 3rd day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Formmelt City Clerk Councilman Lundh moved adop tion of the resolution. Seconded by Councilman Stacki,. Carried by the following vote: Yeas-9layor Ju,;tmann. Council- men Brady, Lundh. Stackis. Thorns. Nays—None. Communication of urban Renex al submitting a Certificate of Com. pletion for Dubuque County (Coun- ty -city Law Enforcement Center Building'), presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Justmann. Council- men Bradv, Lundh. Stackis. Thorns. Nays—None. RESOLUTION NO. 3475 Authorizing the Execution of a Certificate of Completion for Du- buque County. W'HIMEAS, under dao of June 11. 1973, the City of Dubuque en- tered into a Contract for the Sale of Land for Public Redevelopment with Dubuque County for the real estate hereinafter described; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque under date of August 10. 1973, to Dubuque County who con- structed thereon certain improve- ments; and WHEREAS, Section 3 of Article III of said Contract provides that upon completion of the improve- ments the City of Dubuque will furnish Dubuque County a Certifi- cate of Completion; and WHEREAS. it has determined that the required improvements have been satisfactorily completed; now therefore BE 1T RESOLVED by the City Council of the City of Dubuque. Iowa: SECTION 1. That the 'Mayor and City Clerk be and they are hereb> authorized and directed to execute Regular Session, February 3, 1975 61. a Certificate of Completion for Du- buque County for the improve- ments located on Lot 1, except the South 79 feet thereof, in Block 3 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. SECTION 2. That the Clerk be and he is hereby authorized and directed to file a copy of this res- olution and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 31-75 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 PERMIT Lucky Stores, Inc., Eagle Discount Supermarket #1130, 1800 Elm Street Lucky Stores, Inc., Eagle Discount Supermarket #144, 3033 Asbury Street Lucky Stores, Inc., May's Drug Store A24, 3049 Asbury Street Passed, adopted and approved this 3rd day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO, 32.75 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 "C" BEER PERMIT Lucky Stores, Inc., Eagle Discount Supermarket #130, 1800 Elm St. Lucky Stores, Inc., Eagle Discount Supermarket #E144, 3033 Asbury Street Lucky Stores, Inc., May's Drug Store #E204, 3049 Asbury Street Passed, adopted and approved this 3rd day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thorns. Nays—None. 62 Regular Session, February 3, 1975 RESOLUTION NO. 33.75 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 LICENSE Rita Clancy, Clancy's Silver Tap, 201 East 22nd Street John R. Hirsch, Lorraine's, 206 West 3rd Street Lorraine A. Fransen, 1900 Tap, 1100 Lincoln Avenue Passed, adopted and approved this 3rd day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, I.undh, Stackis, Thoms, Nays—None. RESOLUTION NO. 34-75 WHEREAS, applications for Liq- uuor 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 AND LIQUOR LICENSE Rita Clancy, Clancy's Silver Tap, 201 East 22nd Street John R. Hirsch, Lorraine's, 206 West 3rd Street Lorraine A. Fransen, 1900 Tap, 1100 Lincoln Avenue Passed, adopted and approved this 3rd day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Slackis, Thoms, Nays—None. RESOLUTION NO. 35.75 BE IT RFSOLVED 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. Joseph F. Davis and James J. Sut- ter, Donut Hut Ltd., 1555 J. F. Kennedy Road Passed, adopted and approved this 3rd day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E, Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Regular Session, February 3, 1975 63 Councilman Lundh moved that. Councilman Thoms be directed to communicate with Department of Transportation (D.O.T.) in Des Moines relative to the proposed Iowa -Wisconsin bridge. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Some discussion arose as to the sale of land in the Urban Renewal area. Councilman Brady moved that everything possible done to encourage and quicken the sale of land in the Urban Renewal area and the subject be an agenda item for the next meeting. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council men Brady, Lundh, Stackis. Thoms. Nays—None. There being no further business Councilman Thoms moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yea. --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk April 21, 1975. Approved................................... April 21, Ado ......1975. Mayor /2 FAM/I I'M 04 Special Session, February 10,-1975 CITY COUNCIL OFFICIAL Special Session, February 10, 1975. Council met at 7:30 P,M. (C.S.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mavor Justmann 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 CONSIDER AN INTERIM OR- DINANCE AUTHORIZING A NINE. TY DAY WAITING PERIOD PRIOR TO DEMOLITION PERMITS and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication of Teleprompter Cable Co., by Atty. Leo A. McCar. thy, submitting in writing, oral proposals made at work session held Feb. 1, 1975, if rate increase is granted, presented and read. Ma- yor Justmann moved that the com- munication be received and filed and referred to the meeting set for public hearing on February 24, 1975. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays—None. Abstain—Councilman Lundh. Communication of Paul Zimmer- man of 2175 Coates Street, object- ing to the type of TV reception using an outside antenna, alleg- edly due to leakage of T.V. cable, presented and read. Councilman Thoms moved that the communi- cation be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays—None. Abstain—Councilman Lundh. man Lundh. Carried by the follow ing vote: Teas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Human Rights Commission advising that a public workshop session will be held on February 13, 1975, dealing with dis- crimination in the area of credit, (Senate File 1265 Civil Rights Act 1965 as amended), presented and read. Councilman Thoms moved that the communication be re- ceived and filed and referred to Council. Seconded by Councilman Lundh. Carried by the following vote: Yeas --;Mayor Justmann, Council- men Brady. Lundh, Stackis, Thoms. Nays—None. Communication of human Rights Commission submitting minutes of their meetings of January 16th and January 23rd, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. Printed Council Proceedings for the months of November & Decem- ber, 1974, presented for approval. Councilman Thoms moved that the Council Proceedings be approved as printed. Seconded by Council- Communication of Planning & Zoning Commission submitting minutes of their meeting of Jan- uary 29, 1975, presented and read. Councilman Thoms moved that the minutes be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Justmann. Council- men Brady, Lundh, Stackis, Thoms. Nays—None. February 7, 1975 Honorable Mayor and Members of the City Council I have approved the following GENERAL LIABILITY POLICY and deisre to have your approval of same subject to approval of the City Solicitor. Dubuque Stone Products Co.— Bituminous Fire & Marine Insur- ance Co. --Policy No. GA769113, from January 3, 1975 to .January 3, 1976. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and approved subject to ap- Special Session, February 10, 1975 65 proval of the City Solicitor. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. February 5, 1975 Honorable Mayor and Members of the City Council I submit to you the report of the County -City Authority for the year 1974. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received anal filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. Communication of Dubuque County Board of Supervisors re- questing County -City Authority have charge of maintenance of Law Enforcement Center, present- ed and read. Councilman Thoms moved that the communication be received and filed and referred to the City Solicitor for consideration and report. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Communication of Dubuque County Democratic Central Com- mittee requesting a resolution from Council, as a tribute to Leo J. Meuser, former County Treasur- er, for 36 years of public service, presented and read. Councilman Stackis moved that the communi- cation be received and filed and referred to the City Attorney. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of David J. Pow- ers, President of Dubuque New Car Dealers' Assn., requesting to ad- dress Council specifying certain standards and requirements need- ed in order to be an auto dealer in the City of Dubuque, presented and read. Councilman Brady moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Dave Powers addressed the Coun- cil relative to the communication Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Notice of General Casualty Co., advising of a personal injury acci- dent of a certain Isidore Zimmer at a parking meter on Central Ave- nue on a sidewalk owned by their insured Maurice Humke, presented and read. Mayor Justmann moved that the Notice of General Cas ualty Co. be referred to the City Solicitor for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Fischer Companies requesting vacation of portion of Tower Street between 6th & Wall Streets, in Dubuque Harbor Im- provements Company's Addition, presented and read. Mayor Just - mann moved that the petition be referred to the City Manager and Planning & Zoning Commission for proper proceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to consider an Interim Ordinance authorizing a ninety day waiting period prior to demolition permits in certain neighborhoods, presented and read. No written ob- jections were filed at the time set for the hearing. Councilman Thoms moved that the proof ofpublica- tion be received and filed, Second- ed by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. 66 Special Session, February 10, 1975 Mary Billington addressed the Council requesting to retain the 4,h Street Neighborhood. Ruth Nash stated the Ordinance is min- imal. Councilman Brady moved to refer the Ordinance to the meet- ing of February 24, 1975. Second. ed by Councilman Thorns. Vote on the motion was as follows: Yeas—Councilmen Brady, Thorns. Nays—Mayor Justmann, Council- men Lundh, Stackis. MOTION FAILED. Mayor Justmann moved to amend Ordinance to read "Heri- tage of Dubuque be considered as a comprehensive study for the his- torical preservation of City of Du- buque and one of the guides to be considered at such time as a demolition permit is applied for in a reference neighborhood." Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis. Nays --Councilmen Thorns, Brady. ORDINANCE NO. 7-75 An Interim Ordinance Authoriz- ing a Ninety (90) Day Waiting Period Prior to the Issuance of a Demolition Permit for Any Building Located Within the Area Herein Described, Said Ordinance having been pre- viously presented and read at the Council meeting of January 27, 1975, presented for final adoption. ORDINANCE NO. 7.75 AN INTERIM ORDINANCE AU- THORIZING A NINETY (90) DAY WAITING PERIOD TO THE ISSU- ANCE OF A DEMOLITION PERMIT FOR ANY BUILDING LOCATED WITHIN THE AREA HEREIN DE- SCRIBED. Whereas, preliminary studies conducted by the City Planning and Zoning Com- mission have tentatively identified seven neighborhoods in Dubuque as areas con- taining important concentrations and pro- portions of historically and/or architec- turally significent buildings, the con- tinued maintenance and preservation of which may be required by the public welfare, and Whereas, the uncontrolled demolition of buildings within the aforementioned neighborhoods may frustrate any future plans or programs of the City of Dubuque, Iowa, to protect the historical and archi. tectural assets of such neighborhood, and Whereas, the City Council deems it desirable that the demolition of historical- ly and/or architecturally significant build- ings within such areas be temporarily delayed for a period of time sufficient to enable the City Council to investigate al- ternatives to demolition, NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: SECTION 1. Application: The provi- sions of this Ordinance shall apply to all buildings located in whole or in part within the following described neighbor. hood areas: "(A) Foxrtb Street Neigbborbood: Beginning at the intersection of sev- enth and Bluff Streets, thence south- erly along Bluff Street to its inter- section with West Fifth Street; thence westerly along West Fifth Street to its intersection with the northerly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly exten- sions to its intersection with West Third Street; thence easterly along West Third Street to its intersection with St. Mary's Street; thence south- erly along St. Mary's Street to its in. tersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with First Street; thence easterly along First Street to its intterscction with the alley between Bluff and Locust Street; thence northerly along the alley be- tween Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with Seventh Street; thence westerly along Seventh Street to its intersection with Bluff Street which is the point of beginning. (B) Fe"elon Placr Neigbborbood: Beginning at the intersection of West Fifth and Burch Streets, thence south- erly along Burch Street to its inter- section with West Third Street; thence easterly along West Third Street to its intersection with the southerly extension of Raymond Street; thence northerly along Ray- mond Street and its southerly and northerly extensions to its intersection with West Fifth Street; thence west- erly along West Fifth Street to its intersection with Burch Street which is the point of beginning. (C) Third Street Neigbborbood: Beginning at the intersection of West Third and Hill Streets thence south- westerly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Lang- worthy Street to its intersection with Alpine Street; thence northeasterly Special Session, February 10, 1975 67 along Alpine Street to its intersection with West Third Street; thence north- westerly along West Third Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West Fifth Street, thence southeasterly along West Fifth Street to its inter- section with Alpine Street, thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly exten- sion to its intersection with Winona Street; thence southwesterly along; Winona Street to its intersection with West Third Street; thence south- easterly along West Third Street to its intersection with Hill Street which is the point of beginning. (D) Wasbington Street Neighbor- hood: Beginning at the intersection of Sixteenth and Washington Streets thence westerly along Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackson Street to its interestion with Eighteenth Street; thence westerly along Eigh- teenth Street to its intersection with Central Avcnue; thence southerly along Central Avenue to its inter- section with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with Washington Street; thence northerly along Wash- ington Street to its intersection with Sixteenth Street which is the point of beginning. (E) lackson Park Neigbhorbood: Be- ginning at the intersection of Four- teenth Street and Central Avenue thence westerly along Fourteenth Street to its intersection with lows Street; thence southerly along lowv Street to its intersection with Tenth Street; thence westerly along Tenth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street, thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly exten- sion to its intersection with Clarke Drive; thence northwestcrly alont; Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its inter section with North Main Street; thence southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly alung; Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly ailing Central Avenue to its intersec- tion with Fourteenth Streit which is the point of beginning. (F) West Eleventh Street Neigbbor- boo.l: Beginning at the intersection of Ninth and Bluff Streets thence westerly along Ninth Street to its intersection with University Avenue; thence westerly along University Ave. to its intersection with Spruce Street; thence northerly along Spruce Street w its intersection with West Eleventh Street; thence westerly along West Eleventh Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loral Boulevard; thence westerly along Loras Boulevard to its inter- section with Cox Street, thence north- erly along Cox Street to its inter- section with the westerly extension of West Sixteenth Street; thence east- erly along West Sixteenth Street and its westerly extension to its inter- section with Montrose Terrace; thence northerly along the northeasterly ex- tension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Lo- cust Street to its intersection with Bluff Street, thence southerly along Bluff Street to its intersection with Ninth Street which is the point of beginning. (G) fsroadmat Street NeigbhorbooJ: Beginning at the intersection of West Twenty Third Street and Central Avenue thence westerly along West Twenty Third Street to its inter- section with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street, thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its inter- section with Central Avenue; thence southerly along Central Avenue to its intersection with West Twenty Third Str" which is the point of be- ginnin$." SECTION 2. Discretionary Waiting Period on Demolition Permits: Upon re- ceiving an application for a Demolition Permit for any building located in whole or in part within the areas described in Section I of this ordinance, the Build- ing Commissioner shall immediately notify the City Council of such application. At its next regular meeting the Council must then take formal action to either approve or withhold the Demolition Permit for a specified period not to exceed ninety (90) days. If the Council fails to take action to approve or withhold the Demo- lition Permit at its next regular meeting. the Building Commissioner shall issue the Permit forthwith. The Council may in it, discretion withhold the Demolition Permit whenever it determines that the building for which the permit is sought may be of historical orarchitectural sig- nificance to the City. The purpose of 68 Special Session, February 10, 1975 this waiting period is to enable the Coun- cil to have time to investigate the histori- cal or architecturalvalue of the build- ing to the community and to take such action(s) as may be appropriate to en- sure or encourage its preservation. However, nothing in this ordinance ,hall authorize the withholding by the Building Commissioner of a Demolition Permit for more than ninety (90) days following notification to Council of ap- plication for such Permit. SECTION S. That the report, "THE HERITAGE. OF DUBUQUE" dated March 1974 and filed of record on Jan uary 27, 1975, be considered as a com- prehensive study for the historical pres- ervation of City of Dubuque and one of the guides to be considered at such time as a demolition permit is applied for in .t reference neighborhood. SECTION 4. Efferfire Doh of 0 - dinanre: The provisions of this ordinance shall become effective immediately upon passage by the City Council. Passed, adopted and approved this 10th day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilman Attest. Len F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 14th day of February 1975. Leo F. Frommelt City Clerk Commission. Seconded by Mayor Justmann. Carried by the following Vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis. Thorns. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Intention to issue Hospital Facil- ity First Mortgage Revenue B)nds, presented and read. Councilman Thorns moved that the proof of publication be received and filed, Seconded by Councilman Stackis Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Paul D. Speer & Associates Inc., submitting a resume of informational meetings and research done in the matter of bonding for Finley Hospital, presented and read. Councilman Stackis moved that the communi. cation be received and filed. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. It. 2-14 Mayor Justmann moved final adoption of the Ordinance as amended. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis. Nays—Councilman Thoms. Councilman Brady moved to re- consider adoption of original Ordi- nance as amended on 90 day wait- ing period. Seconded by Council- man Thoms. Vote on the motion was as follows: Yeas—Councilmen Brady, Thoms. Nays — Mayor Justmann, Coun- cilmen Lundh, Stackis. MOTION FAILED. Communication of Margaret Cal- laghan of 1057 W. 3rd Street ex- pressing concern of the zoning changes for group homes, present- ed and read. Councilman Brady moved that the communication be referred to the Planning & Zoning RESOLUTION NO. 36-75 RESOLUTION determining to proceed with the issuance of $4,250,000 Hospital Facility First Mortgage Revenue Bonds (The Finley Hospital Project) Series A, of the City of Dubuque, Iowa. WHEREAS the City of Dubuque, in the County of Dubuque, State of Iowa (the "City"), proposes to issue Hospital Facility First Mort- gage Revenue Bonds (The Finley Hospital Project), Series A, of said City in the principal amount of $4?50,000 (the "Bonds") for the purpose of lending the proceeds thereof to The Finley Hospital (the "Corporation") to defray the cost, to that amount, of the acquisition of certain equipment and improve- ments by the Corporation suitable for use in its voluntary nonprofit hospital (the "Project"), including the repayment of construction loans obtained by the Corporation until permanent financing could be arranged, all to be located on a site within the City, all in accord- ance with the provision of Chap- ter 419 of the Code of Iowa, 1973, as amended (the "Act"); and Special Session, February 10, 1975 99 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, the issuance of the Bonds, and the loan of the proceeds of the Bonds to the Corporation; NOW, THEREFORE, BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That at the public hearing conducted by this City Council pursuant to published no- tice all local residents who ap- peared were given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. That this City Council deems it necessary and advisable, and hereby determines, to proceed with the Project, the issuance of the Bonds, and the loan of the proceeds of the Bonds to the Cor- opration, all upon terms and con- ditions mutually satisfactory to the City and the Corporation. Section 3. That this Resolution shall become effective immediate- ly upon its passage and approval. Passed and approved February 10, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded February 10, 1975. Leo F. Frommelt City Clerk Councilman Thorns moved adop• tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, council. men Brady, Lundh, Stackis, Thorns. Nays—None. January 30, 1975 Honorable Mayor and City Council I am enclosing a letter from Mr Paul Speer and a proposed revised contract for his services in con nection with the sale of City reve nue and general obligation bonds The proposed contract is effec tive only for direct City financia and bond work. It is cornpletell separate from the contract wit) Mr. Speer for work involving in durtrial revenue bonds. The proposed revision is identi- al with an existing contract, ex. ,ept for the fee schedule, which •eads: Revenue Bonds: $3.50 per $1,000 Dar value for all bonds of a sin - ;le issue up to and including F2,000,000, and $3.00 per $1.000 Dar value for all bonds of that ssue in excess of $2,000,000, with i minimum fee of $2,500 for any revenue bond issue. General Obligation Bonds: $3.00 per $1.000 par value of all bonds of a single issue up to and including $1,000,000 and $2.50 for $1,600 par value for all bonds of that issue in excess of $1,000,000 with a mini- mum fee of $1,000 for any general obligation bond issue. I point out that under this con- tract, fees are paid only when bonds are issued and delivered. The services of Paul D. Speer & Associates are effective and valuable. I recommend that the manager be authorized to sign the revised agreement. I request your consideration of this matter at council meeting, February 10th. Gilbert D. Chavenelle City Manager Councilman Thorns moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. '.Nays—None. RESOLUTION NO. 97-75 WHEREAS, the City of Dubuque has been undertaking negotiations with Paul D. Speer & Associates, Inc., for the employment of said firm as financial consultants to the City of Dubuque, Iowa; and WHEREAS, City Council has ex. amined the proposed terms of agreement to be entered into by and between the City of Dubuque and the said Paul D. Speer & As- sociates, Inc., a copy of which pro- posal is hereto attached and by reference made a part hereof. NOW THEREFORE BE IT RE- SOLVED by the City Council, City of Dubuque, Iowa: Section l: That terms of agree- ment as set forth in letter of pro- posal, dated December 17, 1974, from Paul D. Speer & Associates, 70 Special Session, February 10, 1975 Inc. to the City of Dubuque, Iowa, a copy of which is hereto attached, marked Exhibit "A", and by ref- erence made a part hereof the same is hereby approved and the employment of Paul D. Speer & Associates, Inc., as financial con- sultants to the City of Dubuque, Iowa. in accordance with the terms of said Agreement be and the same is hereby approved. Section 2: That the City Man- ager be and he is hereby author- ized and empowered and directed to execute said letter of proposal for and on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 10th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 38-75 WHEREAS, the City of Dubuque has applied to the Iowa State High- way Commission for funding of the School Signal Improvement Project under the Federal 'TOPICS Program. WHEREAS, the. Iowa State High- way Commission has reviewed the application and is requesting Fed- eral Highway Administration ap- proval of the Location and Design Study. WHEREAS, it is required by the Federal Highway Administration that Public Notice be given that the Iowa State Highway Commis- sion is applying for approval of the Location and Design Study. NOW, therefore, be it resolved by the City Council of the City of Dubuque, Iowa, that the City Clerk shall publish said notice as shown on the attached "Exhibit A." Passed, adopted, and approved this 10th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms, Nays—None. RESOLUTION NO. 39.75 WHEREAS, the City of Dubuque has applied to the Iowa State High- way Commission for funding of the School Signal Improvement Project under the Federal TOPICS Pro- gram. WHEREAS, the Iowa State High- way Commission has reviewed the application and has requested Fed- eral Highway Administration ap- proval of the "Location and De- sign Study Report." WHEREAS, the Federal Highway Administration has given approval of the "Location and Design Study Report." WHEREAS, it is required by the Federal Highway Administration that Public Notice be given that the Federal Highway Administra- tion has given approval of the "Lo- cation and Design Study Report". NOW, therefore, be it resolved by the City Council of the City of Dubuque, Iowa, that the City Clerk shall publish said notice as shown on the attached "Exhibit A". Passed, adopted, and approved this 10th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Special Session, February 10, 1973 71 Councilman Thoms. Carried by the following vote: yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis. Thoms, Nays—None. February 6, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Block 11, Block 12 and Block 13 of Mettel- Byrne Addition in the City of Du- buuque, Iowa. The Commission has found that the final plat conforms to the ap- proved preliminary plat ofthe Subdivision and meets all s. . ards of the Zoning and Subdivision Ordinances. It is the recommenda- tion of the Planning and Zoning Commission that the final plat be approved. City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following cote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—\one. RESOLUTION NO. 40-75 Resolution Approving the Plat of Block 11, Block 12 and Block 13 in Mettel.Byrne Addition in the City of Dubuuqut, lows. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 11, Block 12 and Block 13. to Met - tel -Byrne Addition in the City of Dubuque, Iowa, by Mettel Realty & Investment Co.; and WHEREAS, upon said plat ap- pear streets to be known as Hill- crest Road, Short Street and Ad- miral Street, together with certain public utility easements which the Owners 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 ap proval 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 pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Hillcrest Road. Short Street and Admiral Street, together with the easements for public utilities as the same appear upon said plat. be and the same are hereby ao- cepted; Section 2, That the plat of Block 11, Block 12 and Block 13 in Met- tel•Byrne Addition in the City of Dubuque. Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized 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 ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and Butter and to hard surface Hillcrest Road, Short Street and Admiral Street with bituminous concrete, or with concrete paving with in- tegral curb, all in accordance with City of Dubuque stand- ard specifications; b. To instal: 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 catr-hbasins 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 plan, and specifications approved by the City- Manag- er, 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 72 Spacial Session, February 10, 1975 of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing construction and maintenance at the sole expense of the Subdivider, Mettel Realty & Investment Co., as owner; i. To construct said improve- ments, except sidewalks, pri- or to January 20, 1977, and to construct the sidewalks prior to January 20, 1979; And further provided that said Mettel Realty & Investment Co., as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Met - tel Realty & Investment Co., shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 10;h day of February, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Acceptance of Resolution No. 40-75 We, the undersigned Mettel Real- ty & Investment Co. having read the terms and conditions of the foregoing Resolution No, 40-75 and being familiar with the conditions thereof, hereby accept the same and agree to perform the condi- tions required therein. Dated at Dubuque, Iowa, this 18th day of February, 1975 By C. E. Mettel—President By Lorraine Klumpp—Vice-Pres. T0: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RES- OLUTION NO. 40-75 has been fur- nished by the owners. Dated at Dubuque, Iowa, this 13th day of March, 1975. Gilbert D. Chavenelle City Manager Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—Councilman Brady. February 10, 1975 Honorable Mayor and City Council The Trustees of the Dubuque Transit System recently submitted a preliminary- application to the Department of Transportation re- questing funds for the purchase of new buses and related transporta- tion facilities. The Department of Transporta- tion has informed the local transit board that the application is in proper form and has suggested that the local City Council hold public hearings on the expenditure of $837,376.00 for buses and relat- ed equipment. The Federal share of this amount would be $669,901.00 and the local share will be $167,475.00. Under the rules and regulations, as stipulated by the Transportation Act, two notices must be published relative to a public hearing and the first notice must be published no less than 30 days before the date of the hearing. Furthermore. representatives of UMTA have sug- gested certification that this pub- lic hearing has been held should be transmitted to their office no later than March 15, 1975. Attached is a resolution which authorizes the City Clerk to adver- tise twice for this public hearing and identifies the date on which the public hearing will be held. I would request your adoption of this resolution. Francis A. Murray Assistant City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Special Session, February 10, 1975 73 RESOLUTION NO. 41-75 Resolution Fixing Time and Place of Hearing to consider a Project for Financial Assistance sought from the Urban Mass Transportation Administration. WHEREAS, the City of Dubu- que, Iowa, has heretofore adopted Resolution No. 384-74 being a Reso- lution authorizing the filing of an Application with the Department of Transportation, United States of America, for a grant under the Ur- ban Mass Transportation Act of 1964, as amended: and WHEREAS, in accordance with the directions of the U.S. Depart- ment of Transportation, a public hearing must be held thereon, and WHEREAS, a public hearing should be fixed for the 171h day of March, 1975, at 7:30 o'clock P.M., Central Daylight time, in the City Council Chambers. City Nall, City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL, CITY OF DUBUQUE, IOWA: Section 1: That a public hearing be and the same is hereby fixed for 7:30 o'clock P.M., in the City Council Chambers, in the City Hall, Dubuque, Dubuque County, Iowa, for the 17th day of March, 1975, at which time all persons shall be given an opportunity to be heard for and against a pro- posed project by the City of Du- buque, Iowa, for which financial assistance is being sought from the Urban Mass Transportation Admin- istration pursuant to the Urban Mass 'transportation Act of 1964, as amended. Section 2: That the City Clerk be and he is hereby ordered to Publish notice of time and place of hearing upon said project and shall cause same to be published at least twice with the first notice Published not less than thirty (30) days before the date of hearing hereon, Said notice has been pub- lished in the Telegraph -Herald, a newspaper of general publication, Published in the City of Dubuque, Iowa. Passed, adopted and approved this 10th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann. Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 42.75 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. Sirloin Stockade, Inc., dba Sirloin Stockade Restaurant, 1895 John F. Kennedy Road Passed, adopted and approved this 100h day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 43.75 WHEREAS, applications for Liq- uor 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 74 Special Session, February 10, 1975 the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gerald C. Kirchberg, Bottle Stop Lounge, 3203 Jackson Street Robert J. Karr, Bridge Restaurant & Lounge, 35 Locust Street Passed, adopted and approved this 10th day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 44-75 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 1T Rl 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, Bottle Stop Lounge, 3203 Jackson Street Robert J. Karr, Bridge Restaurant do Lounge, 35 Locust Street Passed, adopted and approved this 10th day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen ttest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- ion of the resolution. Seconded by :ouncilman Stackis. Carried by the ollowing vote: Yeas—Mayor Justmann, Council - nen Brady, Lundh, Stackis, Thoms, Nays—None. February 10, 1975 Honorable Mayor and City Council Re: Local Option Taxation The Joint House and Senate Cities and Towns Committee and the Ways and Means Committee will hold a public hearing in Sen- ate Room X22, State Capital, on Wednesday, February 12 from 2:00- 4:00 p.m. to discuss local option taxation. The League of Iowa Municipal- ities has suggested that we sub- mit a statement either in the form of a resolution or letter to these hearing committees stating the po- sition of the Dubuque City Council. Last August the League of Mu- nicipalities submitted to us a ques- tionnaire relative to the subject of financing local government. This questionnaire was discussed with the City Council on September 9, 1974 and a letter was transmitted to the League of Municipalities dated September 13, 1974 outlining the position taken by the City Council. A copy of the letter and the questionnaire is attached. The Large Cities had representa- tives at a meeting held in Sioux City on September 20, 1974 to es- tablish the position to be taken by the Large Cities relative to local option taxation. The cities at that time agreed to the following: 1. The State should grant City Councils the right to impose a tax of their own choosing— a local option tax. Special Session, February 10, 1975 ?5 2. The state should require that as much as 50 percent of the tax should be used to reduce property taxes 3. The State should establish a flexible maximum millage rate. 4. The existing State machinery used in collecting sales tax should be utilized in collect- ing local option taxes. I have drafted a resolution which reflects the position taken by the Dubuque City Council on Septem- ber 9, 1974. I would recommend your adoption of this resolution and would suggest that the Mayor submit this resolution along with a transmittal letter to the hearing committees. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. RESOLUTION No. 45.75 A Policy Statement by the City of Dubuque, Dubuque County, Iowa Supporting the Concept of the Local Option Taxation. WHEREAS, the City of Dubuque, Dubuque County, Iowa has an in- creasing need for additional reve- nue to finance the City govern- ment; and WHEREAS, the Code of Iowa, Chapter 404, Section 404.2 places a limit of 30 mills on the dollar in any tax year that can be levied on taxable property in the City of Du- buque for functional funds; and WHEREAS, it is the desire of the City Council of the City of Dubuque to reduce dependence on property tax for financing City functions; and WHEREAS, the City Council of the City of Dubuque advocates the concept of local option taxes; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that: 1. The legislature herewith con- sider the adoption of an act authorizing local governmen. tal bodies to impose ;I local option tax; 2. That the local governing bo. dies be granted the option of using these local option taxes for providing relief to prop- erty owners; 3. That the act be adopted to provide the citizens the right of a reverse referendum four (4) years after adoption by local jurisdictions. Passed, adopted and approved this 10th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas—.Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. Community Development submit- ting documents in support of citi- zen involvement in the community development processes, presented. Councilman Thoms moved that the documents be received and filed and referred to the Council. Seconded by Councilman Lundh. Curried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Mr. Wm. Kruse of Dubuque Area Development Association submitted a report on What, Who, Why, do How their association fits into the Urban Renewal picture which calls for positive thinking and orderly sale of the land despite the think- ing of some citizens that Urban Renewal is moving too slow. The report was received and made a matter of record. 76 Special Session, February 10, 1975 There being no further business, Councilman Thoms moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor .Tustmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved April 21, 1975 Adopted April 21, 1975 City Clerk Special Se_sson, February 14, 1975 77 CITY (OUNCIL OFFICIAL Special Session, February 14, 1915. Council met at 4:00 p.M. (C.S.T.) Present—Mayor Justmann, Coun• cilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann 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 prop- erly come before the Meeting. T. V. Teleprompter's proposed rate increases and methods of op. eration came tinder discussion at great length and future action was deferred until the public hearing to be held on February 24. 1975, in the Council Chambers at City Hall. Procedure in the procurement of the monies from the State for the purpose of funding the Sew- age Treatment plant was discussed. Councilman Thoms moved that a citizen's task force be appointed by the Mayor and Council for the purpose of assisting State Legis- lators and the Council hold in abey- ance the recommendation of a full time lobbyist. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. There being no further business, Councilman Thoms moved to ad- Journ, Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk T',k 21.....1975. Approved April 21, 1975 Adopted April 21, 1975 Councilmen Atte.. Clerk 78 Special Session, February 24, 1975 CITY COUNCIL OFFICIAL Special Session, February 24, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called to CONDUCT A PUBLIC HEARING ON THE RATE SCED- ULE OF TELEPROMPTER TV and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Iowa Depart- ment of Environmental Quality ex- tending construction permit No. 74-81-S issued March 14, 1974 for one year on South Dubuque Sani- tary Interceptor Sewer, construc- tion on project must be initiated by March 14, 1976, presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. son, U. S. Attorney, relative to por- nography in Dubuque and the State of Iowa, presented and read. Coun- cilman Lundh moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Citizens for Decency Through Law requesting time for Mrs. Marylee Marting to present new information on the Massage Parlor Ordinance, present- ed and read. Councilman Lundh moved to suspend the rules to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. Mrs. Marting addressed the Coun- cil and submitted a report on the State of Oregon's new Obscenity Bill. Communisation,- of Airport Com mission submitting minutes of their meeting of February 13, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Dock Commis- sion submitting minutes of their meeting of January 22, 1975, pre- sented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Mrs. Harold Bechen submitting a copy of let. ter received from Allen L. Doniel- Mayor Justmann moved that the communication of Citizens for De- cency Through Law and the re- port of Mrs. Marting be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Mayor's In- dustrial Committee submitting a modification of its December 4, 1974 recommendation concerning the option by Thermolyne Corpo- ration to purchase 7.206 acres in Dubuque Industrial Park, present- ed and read. Councilman Stackis moved that the recommendation be approved and communication referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Natural Re- sources Council advising of pre- sentation of reports on both past and possible future flooding along the Mississippi on February 25, 1975 at Rock Island, presented and read. Councilman Thoms moved Special Session, February 24, 1975 _ 79 that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas Lind rnen Bradyady,, h, Stackis. Thoms. Nays—None. Communication of Councilman Thoms suggesting the esiablish ment of a commission for the bene- fit of individuals seeking assistance to abate the excessive discrimina- tory authority over individual prop- erty in designated neighborhoods all relative to the recently enacted demolition Ordinance, and request- ing referral of the matter to the Planning & Zoning Commission, presented and read. Councilman Stackis moved that the communi- cation be referred to the Planning & Zoning Commission. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of Feb- ruary 18, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis. Thoms. Nays—None. February 19, 1975 Honorable Mayor and Members of the City Council We hereby submit the Iowa Of- ficial Bond of R. N. Russo, City Attorney, for term beginning March 1, 1975 and ending March 1, 1976, Bond No. 5122316. May we request your approval for filing. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and filing be approved. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing for the purpose of ob- taining the views of citizens on Community Development and Hous- ing needs, presented and read. "ouncilman Thoms moved that the proof of publication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms Nays—None. Communication of Council of Organized Neighborhoods and Oth- ers recommending Community De- velopment Block Grant program be used for the rehabilitation of neighborhoods, presented and read. Mr. John "Ilank" Waltz, President of Washington Neighb:rrhood Coun- cil, Mary Billington of the 4th Street Neighborhood and Dick Vor- wald of North Dubuque Improve- ment Association addressed the Council concurring with the com- munication. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Rose Marie Montgomery, on behalf of G.A.I.N., requesting financial support from community for their organization, and also submitting a "Girls Club" model budget, presented and read. Mrs. Montgomery and F.dna Thompson addressed the Council relative to the commuunication and statin; a desperate need for a meeting place for the girls. Coun- cilman Stackis moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas --Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. John Bahl of Dubuque County Historical Society addressed the Council requesting and recom- mending revolving funds be used for rehabilitation. Communication of Director of Community Development submit- ting Community Development Block Grant program, presented. Mr. John Grau addressed the Coun- vil on Mini Programs and projects for a plan of action. 80 Special Session, February 24, 1975 Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yaes—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of P Tier- ney, et al, requesting parking area along Dodge Street, presented and read. Mayor Justmann moved that the communication be received and filed and referred to Gent Witten- berg. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Communication of Dubuque County Hospital Board of Trustees, addressed to Gent Wittenberg, in- terested in obtaining a share of Community Development funds to construct a second access road to Dubuque County Nursing Home, presented and read. Mayor Just - mann moved that the communica. tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. February 7, 1975 Honorable Mayor and City Council On April 29, 1975, Mrs. Leona Kortmeyer, 2310 Evergreen, Du- buque, filed claim against the City in an unstated amount for personal injuries allegedly suffered on April 17, 1974, as the result of tripping over a raised portion of the public sidewalk on the south- east corner of 9th and Locust Street. This matter was referred to the City Attorney who has made an investigation thereof and has con- ferred with the claimant and re- viewed her medical bills and has determined that the claimant re- ceived a nose fracture, abrasions and bruises and damaged a pair of slacks and hose. Claimant has made an offer of settlement of this claim in the amount of $200.00, and in view of the foregoing, it is the recommendation of the City Attorney that said offer of settle• ment be accepted and that the city Auditor be warrant payable meyer and Earl husband, in the a directed to issue to Leona Kort. Kortmeyer, her mount of $200.00, and to transmit same to the un- dersigned for delivery upon re- ceipt of duly executed releases. Original claim is returned here- with. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation be approved. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann. Council- men Brady, Lundh, Stackis, Thoms. Nays—None. February 11, 1975 Honorable Mayor and City Council On December 9, 1974, suit was commenced in the District Court of Iowa, Dubuque County, by Wil- liam Thomas as plaintiff and nam- ing the City of Dubuque, Iowa, defendant, being No. 6965L, and wherein plaintiff claimed storage damages in the amount of $114.00 and exemplary damages in the amount of $1,000.00 and alleging said damages arising out of the City of Dubuque impounding the automobile of the plaintiff for al- leged nonpayment of certain fines and parking violations. This matter was referred to the City Attorney who has interposed defenses thereto and settlement has been reached, and on January 27, 1975, plaintiff dismissed his action. It is the recommendation of the City Attorney that City Au- ditor be instructed to draw war- rant payable to Clerk of Court in the amount of $10.25 for Court costs in this matter. Copy of original notice with pe- tition attached is herewith re- turned. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation be approved. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Special Session, February 24, 1975 SI Communication of City Attorney submitting an opinion relative to the Bampton Contract as to the purchase of Urban Renewal prop erty, and the Agency can declare the redeveloper to be in default and within three months have the right to re-enter and take posses- sion, presented and read. Council- man Thoms moved that. the com- munication be received and filed and referred to the Council meet- ing of March 3, 1975. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh. Stackis, Thoms. Nays—None. Notice of Claim of John J. Cody, in an unspecified amount, for per- sonal injuries received as the re- sult of an accident at the ski tow on 32nd Street on February 1, 1975, presented and read. Council- man Thoms moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Car- ried by the follbwing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Bulk Transfer Notice, related to business of Intercontinental Cof- fee Service of Dubuque, consisting of lease rights in coffee machines, coffee service machines • nd 'nis- cellaseons supplies, presented and read. Councilman Thoms moved that the Notice be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Justmann. Carried by the following vote: Yeas ---Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Notice of Suit of Frank & Ruth Elliott, in the amount of $4000, for both real and personal prop- erty damage as the result of a flooded basement at the time of constructing Woodworth Street on August 9, 1974, presented and read. Councilman Thoms moved that the Notice of Suit he referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Justmann. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of David L. Meier of LaCrosse, Wisc., in the amount of $23130, for loss of per- sonal property items as the result of impounding his car on February 26 1974, presented and read. Coun- cilman Thoms moved that the No- tice of Claim be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Julie Kay Avenarius, in an undetermined amount, for personal injuries re- ceived in a fall on the ice rink at Comiskey Park on 1-23-75, pre- sented and read. Councilman Thoms moved that the Notice of Claim be referred to the City So- licitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh. Stackis, Thoms Nays—None. COUNCIL RECESSED AT 9:05 P.M. RECONVENED AT 9:16 P.M. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing, relative to a proposed rate increase for Teleprompter TV. presented and read. Councilman Thorns moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Abstain --Councilman Lundh. Communications of Telepromp- ter TV submitting their proposal of continuation of service, Local programming & Community Access Channel, and Financial reporting, presented and read. Attorney Leo McCarthy addressed the Council stating necessities for rate in- creases. Councilman Thoms moved that the communications be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Abstain—Councilman Lundh. Communications of objections I from prior file to TV service: etc. 42 Special Session, February 24, 1975 presented and read. Walter Clark adressed the Council objecting to rate reduction on annual income for household of $4000 or less; should be set higher. Councilman Thom,; moved that the communi- calions be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Peas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Abstain—Councilman Lundh. Petition of J. M. Gordon, etal, objecting t:, the proposed cable TV rate increase (557 signers), presented and read. Councilman Thorns moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the fallowing vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Abstain—Councilman Lundh. Petition of Mrs. Jos. Roepsch ob- jecting to the proposed cable TV rate increase and further request- ing that the rate be frozen, pre- sented and read. Councilman Thorns moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. :Nays—None. Abstain --Councilman Lundh. Councilman Brady moved to amend Section 9 of Section 1 of Ordinance "and with a per family income of $4000.00 or less be Amended to read family income of 55000.00 0l less." Seconded by Councilman Thoms, Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Stackis, Thorns. Nays—None. Abstain—Councilman Lundh, ORDINANCE NO. 8.75 An Ordinance Amending Ordi- nance No. 25.63 by Repealing Section 9 thereof and Enacting a New Section 9 in Lieu Thereof to Provide for Fixing and Estab. lishing Rates and Fees to be Charged by Teleprompter Cable TV Tor Regular Subscrib^rs and Subscribers Aged 65 Years and Older, and Enacting a New Sec- tion 26, a New Section 27, and a New Section 28 Thereto to Pro- vide for Rebate in Event of In- terruption of Service, to Provide for Systems of Measurement Tests, and to Provide for Amount to Be Paid by Company for Local Access Programming, Respectively; and Repealing Or- dinznce No, 43-67, Presented and read. Mayor Just - mann moved that the reading just had be considered the first read. ing of the Ordinance. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Thorns. Nays ---Councilman Stackis. Abstain—Councilman Lundh. Mayor Justmann moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Thorns. Carried by the following vote: 1'eas—Mayor Justmann, Council. men Brady, Thorns. Nays—Councilman Stackis, Abstain—Councilman Lundh. ORDINANCE NO. 8-75 AN ORDINANCE AMENDING ORDI- NANCE NO. 25-63 BY REPEALING SECTION 9 THEREOF AND ENACT- ING A NEW SECTION 9 IN LIEU THEREOF TO PROVIDE FOR FIX- ING AND ESTABLISHING RATES AND FEES TO BE CHARGED BY TELE- PROMPTER CABLE TV FOR REGU- LAR SUBSCRIBERS AND SUBSCRIB- ERS AGED 65 YEARS AND OLDER, AND ENACTING A NEW SECTION 26, A NEW SECTION 27, AND A NEW SECTION 29 THERETO TO PROVIDE FOR REBATE IN EVENT OF INTER- RUPTION OF SERVICE, TO PRO- VIDE FOR SYSTEMS OF MEASURE- MENT TESTS, AND TO PROVIDE FOR AMOUNT TO BE PAID BY COM- PANY FOR LOCAL ACCESS PRO- GRAMMING, RESPECTIVELY; AND REPEALING ORDINANCE NO. 43-67. NOW THEREFORE.. BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE., IOWA: SECTION 1. That Section 9 of Or- dinance No. 25-63 be and the same is hereby repealed and a new Section 9 is enacted in lieu thereof as follows: "Section 9. Rates charged by the Compnay for service hereunder shall be fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on that valuation of its propety devoted thereto, under efficient and economic Special Session, February 24, 1975 83 management. The Company agrees It shall be subject to all authority now or hereafter possessed by the City Council or any other body having competent jurisdiction to fix reason- able and compensatory tcicvi%ion signal distribution rates. From and After the 1st day of March, 1975, the monthly rate for subscribers shall be as follows: Regular rate --$7.25 per month Lifetime rate --45.71 per month Secondary service rate --$1.5 per month The head of a household aged 61 years or over who resides in "resi- dential premises" and with a per fam- ily annual income of $ 5,000.00 or less, upon application to the Com- pany shall be exonerated from the payment of 3.77 per month for the regular rate and shall be exoner- ated from payment of the sum of {.t6 per month for the lifetime rate. The Company shall have authority to require such proof of financial in- come and age as it may deem neces- sary. "Residential premises" as con- strued herein shall mean and in. clude single family dwellings, apart- ment units, garden type apartments and row type housing units. Com- mencing from the first day of Jan- uary, 1975, and thereafter, the Com- pany shall apply so per cent of its net income from the Dubuque cable system, after taxes, to reduce out- standing indebtedness, for calculat- ing a rate base for rate of return evaluation on the Dubuque cable system. The Company shall pay to the City of Dubuque, Iowa, for the use of its local committee for community access broadcasting the sum of $.05 per month for each regular and life- time subscriber, who receives service within the city limits of Dubuque, Iowa. The payment shall be made semi-annually from and after March 1, 1971. to lie used for the develop- ment of community access program- ming as defined and administered by said local committee. The Com- pany shall make the first semi-annual payment on or before April 1, 1975, and such semi-annual payment shall be ad ustrd wt August 51, 11)71 based on the average number of regular and lifetime subscribers for the first six (6) month period, the average to be determined by Ad- ding the total number of regular and lifetime subscribers .:n Ntarcl! I, 1971 and the total number of regu- lar and life -time subscribers on August 31, 1971 and dividing that total by two (2), wherein the April 1, 1971 payment shall be adiusted accordingly. The s.0s per month charge shall not be a charge for subscribers receiving secondary service. The Company will provide the City of Dubuque, Iowa, with an annual report of financial operations con- cerning its Dubuque cable system operation, and such annual report will be filed with the City of Du- buque, Iowa, on or before April 30th of each year, reporting the fi- nancial operations of the previous cal- endar year, the first report to be filed on or before April 30. 1976, for calendar year 1973." SECTION 2. That Ordinance No. 25- 63 be and the same is hereby amended b% enacting a new Section 26 as follows: "Section 26. In the event of inter- ruption of service to the subscribers, as hereinafter provided, for a period of seven (7) calendar days, the Com- pany shall rebate to the subscribers an amount of the monthly subscrip- tion rate for each calendar day of interrupted service. The amount of the rebate shall be determined as fol- lows: The daily charge to a sub- scriber shall be determined, with such daily rate divided by twelve (12), to determine the per channel cost, the number of channels interrupted shall be deterr,ined, and such per channel cost shall be multiplied by the number of interrupted channels to determine the rebate amount on A daily basis. An interruption of service shall be deemed a rebateable interruption when the Company fails to carry or display less than ten (10) channels for a period of seven (7) or more calcndar days. An interruption of service shall also be defined as a picture of such pour quality portrayed on the twcltc (12 ) channels carried by the Company as in the judgment of the City Man- ager, does not meet the standards the Company has submitted to the City of Dubuque, and the minimum stand- ards set forth in Federal Communica- tion Commission Rule 76.603 as now constituted, or may hereafter be amended. In the event the City Man- ager determines that the Company docs not have the quality of picture in accordance with the above standards, the City shall notify the Company to writing of the alleged picture qual- ity problem, and the Company shall have ten (10) day's in which to cor- rectsame, before this interruption i would be construed as an interrup- tion of service for purposes of rebate to the subscriber. The Company will continue to main. tain a log of its service calls and report sante in writing to the City of Dubuque, Iowa, on a quarterly basis, commencing with the calen- dar quarter ending March 31, 1973; 84 Special Session, February 24, 15175 the report will detail the number Attest: and type of service calls made dur- Len F. Frommeh ing the reporting quarter; the average City Clerk length of time between receipt of Published officially the service requested and the dis- Herald Newspaper this patching of servicemen to handle the ruary 1975. service call; and state whether each service call is for acable company rc- lared problem and/or a non -cable company related problem. The Com- pany will advertise its service num- ber, including the special nightand holiday service numbers, indicating it provides free maintenance service calls to subscribers." SECTION 3. That Ordinance No. 25- 63 be and the same is hereby amended by enacting a new Section 27 as fol- lows: "Section 27. The Company agrees that it will perform a series of system measurements on or before March 31, 1975, and cacti subse- quent year thereafter for its Dubuque cable system complying with the pro- visions set forth in Federal Com- munication Commission Rule 76.605 as now constituted, or which may hereafter be amended, and the Com- pany shall file the annual certificate of proof of performance on or be- fore April 30, 1975 and each sub- quent year thereafter for its Dubuque results of such tests." SECTION 4. That Ordinance No. 25- 63 be and the same is hereby anunded by enacting a new Section 28 as follows: "Section 28. The Company will con- tinue its policy of making available its studio and equipment for the pur- pose of community access broadcasting on one of its channels in the City rif Dubuque, Iowa, and it will provide local originated programming for the minimum of ten (10) hours per week at such community access channel. The minimum of ten (10) hours lser week local originated pro- gramming by the Company shall continue unless financial exigency prevents it from providing this service and in such event the Company will advise the City of Dubuque, Iowa, in writing of financial exigency thirty (30) days prior to any reduc- tion of local originated programming below ten (10) hours -per week, and the Company agrees to discuss this decision with the City of Dubuque, Iowa, wherein it will certify financial exigency." SECTION 5. That Ordinance No. 43- 67 be and the same is hereby repealed. Passed, approved and adopted this 24th day of February, 1975. C. Robert Justmann Mayor James E. Brady Allan T. Thums Councilmen it. 2-27 in the Telegraph 27th day of Feb. Leo F. Prommelt City Clerk Mayor Justmann moved final adoption of the Ordinance as Amended. Seconded by Council- man Thorns. Carried by the follow- ing vote: Yeas—Mayor Jw;tmann, Council men Brady, Thorns. Nays—Councilman Stackis. Abstain—Councilman Lundh. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to amend the Zoning Ordinance by amending Article IV Section 2 subsection (i) to permit off street parking on Lots 1, 2, 3 & 4 in Humboldt Addn. (32nd Street), presented and read. No written objections were filed at the time set for the hearing. Coun- cilman Thorns moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor .lustmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. ORDINANCE NO. 9.75 An Ordinance Amending Ordi- nance No, 3-34, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," by amending Article IV, Section 2, Subsection (i) Thereof to Include Certain Real Estate to Permit Off -Street Parking, Said Ordinance having been pre. viously presented and read at the Council meeting of January 20. 1975, presented for final adoption, ORDINANCE NO. 9-75 AN ORDINANCE AMENDING ORDI- ANCE NO. 3-34, KNOWN AS THE "ZONING ORDINANCE AND ZON- ING MAY OF THE CITY Oh DU- BUQUE, IOWA," BY AMENDING AR- TICLE IV,SECTION 2, SUBSECTION (i) THEREOF TO INCLUDE CERTAIN REAL ESTATE TO PERMIT' 01:1 - STREET PARKING. NOW THEREFORE BF. IT CfRDAIN- ED BY THE CITY COUNCIL OF THF CITY 01: DUBUQUE, IOWA: Special Session, February 24, 7975 85 SECTION I. That Ordinance No. 3- 34, known as "the Zoning Ordinance and Zoning Map of the City of Dubuque, Ionia" be and the sane is hereby amended by amending Article IV, Section 2, sub- section (i) thereof as fUllOwS: "Article 1V. section 2. (i) Off street parking within the following described area: Lots I, 2, ), and 4 of 'Humboldt Ad- dition' in the City of Dubuque, Iowa." SECTION 2. That the foregoing Amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 24th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 27th day of Feb- ruary 1975. Lea F. Frommelt Gry Clerk 1t. 2-27. Council Thoms moved final adol) tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vate: Yeas—Mayor Justmann, Council- men Lundb, Thoms. Nays—Councilmen Brady, Stack - is. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to amend Zoning Ordi- nance by repealing subsection (i) of Section 2 of Article IV in Mul- tiple Residence District and fur- ther amending Zoning Ordinance to permit off-street parking as a special exception in Single Family District, presented and read. Coun- cilman Thoms moved that the proof of publication be received and filed. Seconded by Councilman .Lundh. Carried by the following vote: Yeas—.Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. 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" by repealing off- street parking as a supplementary use within the Multiple Residence District as provided by Subsection (i) of Section 2 of Article IV, and by adding a new Subsection (n) of Section 1 of Article II in lieu there- of to permit parking lots in the Single Family Residence District as a Special Exception upon au- thorization by the Board of Ad- justment, said Ordinance having been previously presented and read at the Council meeting of .January 20, 1975, presented for final adoption. Councilman Stackis moved final adoption of the Ordi- nance. Seconded by Councilman Brady. Vote on the motion was as follows: Yeas — Councilmen Brady, SLackis. Nays—Mayor Justmann, Council- men Lundll, Thorns. MOTION FAILED. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend Zoning Ordinance No. 3.34 by changing lots in Annie Waller's Sub. from Multiple Residence District to Local Business "A" District, pre. sented and read. No written objec. tions were filed and no oral ob• jectors were present in the Coun- cil Chamber at the time set for the hearing. Councilman Thoms moved that the proof of publica- tion be received and filed. Second. ed by Councilman Lundh. ,Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 10.75 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 'A' District" Classifica- tion, Said Ordinance having been pre- viously presented and read at the Council meeting of January 20, 1975, presented for final adoption. ORDINANCE N0. 10.75 AN ORDINANCE AMENDING AND CHANGING ORWNANCE NO. )-)4, KNOWN AS "THE ZONING ORDI- NANCE AND ZONING MAP OF THE Special Session, February 24, 1975 CITY OF DUBUQUE, IOWA" SO AS TO CHANGE CERTAIN PROPERTY RUEINAFTER DESCRIBED FROM "MULTIPLE RESIDENCE DISTRICT" NCATIONBUSI- ESSSIF'A' DISTR CT OCLASSSIIFICATION. 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 amend- ed by changing from "Multiple Resi- dence District" classification to "Local Business 'A' District" classification the following described real estate, to wit: Lot 1 of Lot 1 of Lot I of Lot I of Lot 1 of Lot I of Lot 1 of Loc 1of Annie Wader's Subdivision No. 2 in Sections I and 12, Township 99 North, Range 2 East of the 5th Principal Meridian, Table Mound Township, in the City of Dubuque, Iowa. SECTION 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, adopted and approved this 24th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 27th day of Feb- ruary 1975. Leo F. Frommelt City Clerk It. 2-27. Councilman Thorns moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the followini, vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to amend Zoning Or dinance No. 3.34 to classify recent- ly annexed Jungwirth's Morocco property as Single Family District, presented and read. No written ob jections were filed at the time set for the hearing. Councilman Thorns moved that the proof of publica- tion be received and filed. Second- ed by Councilman l.undh. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis. Thorns. Nays—None. ORDINANCE NO. 11-75 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 Include Certain Hereinafter Described Property, Recently Annexed to the City of Dubuque, Iowa, in the "Single Family Residence District" Classification, Said Ordinance having been pre- viously presented and read at the Council meeting of January 20, 1975, presented for final adoption. ORDINANCE NO. 11.75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZONING ORDI- NACE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," SO AS TO INCLUDE CERTAIN HEREIN- AFTER DESCRIBED PROPERTY, RE- CENTLY ANNEXED TO THE CITY OF DUBUQUE, IOWA, IN THE "SIN- GLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION. Whereas, the real estate hereinafter de- scribed was recently annexed to, and be- came a part of the City of Dubuque, Iowa by Resolution No. 407-74 of the City Council passed, adopted and ap- proved at its meeting of November 25, 1974, and which annexation was upon voluntary petition; and, Whereas, the Planning and Zoning Commission of the City of Dubuque, Iowa has approved and rccummended that said territory recently annexed and hereinafter described be zoned and classified as a "Single Family Residence District." 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 amend- ed to include the hereinafter described real estate in the "Single Family Resi- dence District" classification, to wit: Jungwirth's Morocco, consisting of 5.44 acres more or less, in Table Mound Township, Dubuque County, Iowa. SECTION 2. That said territory be and the same shall be in and become part of the Twenty -Fourth Voting Precinct of the City of Dubuque, low t. Special Session, Fehnl,ary 24, 1975 87 Pass,d adopted and approved this 241h day of February, 1975. C. Robert Justmann Mayor Alvin F Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Lto F. Frommelt City Clerk Published officiallyto the Telegraph Herald Nc%v,paper this 27th day of Feb- ruary 1975. Leo F. Frommelt It. 2.27, City Clerk Councilman Thoms moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—Councilman Brady. Petition of Clinton Federal Sav- ings & Loan Assn, by Thomas Lei - bold, requesting rezoning of City Lots 623 and 624 from Multiple Residence District Classification to Local Business District "A" (Elks property), presented and read. Councilman Thoms moved that the petition be referred to Planning & Zoning Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Gene Parker request. ing permission to purchase a piece of city -owned property approx. 36' facing Rosedale Ave, on the east- erly side of Lot 1 of Rosedale Addn, #2, presented and read. Councilman Thoms moved that the petition be referred to the. City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis. Thoms. Nays—None. Petition of Joan Murphy, re- questing a refund of $633.75 on unexpired portion of Beer -Liquor License No. #C4624, discontinued business on 1.1.75, presented and read. Councilman Thoms moved that the petition be approved and the City Auditor directed to issue proper warrant. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO, 46.75 WHEREAS, Leo J. Meuser, a de roted and conscientious public servant has served Dubuque Coun- t' as its County Treasurer having .aken office on January 1, 1939. Ind having served therein con- .inuously since said date, to the late of January 1, 1975, at which .ime, he voluntarily withdrew from aublic life and retired into the -elaxed climate of private citizen- ihip; and WHEREAS, Leo J. Mcuser has been a loyal and faithful servant of his political party having served the Democratic party in many ca- pacities during his tenure of pub- lic office. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the City Coun- cil of the City of Dubuque, Iowa, for and on behalf of the inhabi- tants of the City of Dubuque, Iowa, formally expresses its grateful ap- preciation to Leo J. Mcuser for his loyal and devoted service to the public in his capacity as Dubuque County Treasurer. Section 2: That the City Council formalh, goes on record expressing its regrets that the said Leo J. Meuser has seen fit to withdraw from public life by retiring from Itis office, and the City Council wishes to go on record extending its sincerest hest wishes to said loyal public servant and expresses its profound hope that he enjoy life as a private citizen with all the benefits and blessing upon such life which he so richly de- serves. Section 3: That the City Clerk be and he is hereby ordered and directed to spread a copy of this Resolution upon the records of his office and to transmit a certified copy hereof to Leo J. Meuser. Passed, adopted and approved this 24th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk 88 Special Session, February 24, 1975 Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. January 24, 1975 Honorable Mayor and City Council The accompanying agreement be- tween the Iowa Highway Commis- sion and the City of Dubuque which gives the City 50% of the cost of repaving Dodge Street with asphalt from Bluff Street to Grand- view Avenue and 505o of the cost of building a deceleration lane with traffic signal modifications at the Devon Drive intersection. This agreement does not bind us to do these jobs, but it does stipulate the conditions under which the work will be handled and paid for if you gentlemen de- cide we should proceed with these projects. Gilbert D. Chavenelle City Manager Councilman Thorns moved that the communication be received and filed. Seconded by Councilman Lundli. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 47.75 crete and to construct a decelera. tion lane with traffic signal modi- fication at Devon Drive intersec. tion. Passed, approved and adopted this 24th day of February, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Resolution Authorizing Execu- tion of Agreement Between City of Dubuque, Iowa and Iowa State Highway Commission Re- lating to Resurfacing of Dodge Street, and Constructing a De- celeration Lane With Traffic Sig- nal Modification at the Devon Drive Intersection. That tire. Mayor and City Clerk be and they are hereby authorized and directed to execute agree- ments dated 24th of February, 1975 with Iowa State Highway Commis- sion, a copy of which Agreements are attached, respecting the financ- ing, planning, establishment, im- provement, maintenance, use on regulation of public improvement in their respective jurisdiction and it is the judgment of the parties that. U. S. #20 from Grandview to Bluff, approximately 1.05 miles be resurfaced with asphalt con- Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. February 24, 1975 Honorable Mayor and City Council I submit for your consideration the Budget Summary for the fiscal year July 1, 1975 -June 30, 1976. Also, for fiscal year 1976 and fis- cal year 1977,. 1 am submitting the budget data according to a previ- ously used report form. I believe this will assist you in understand- ing the: new presentation. The recommended budget is $15,385,227. The estimated tax rate is 47.9243 mills. It is requested that you favor- ably consider the resolution au- thorizing the City Clerk to publish the Budget Summary for fiscal year 1976 and to publish notice fixing the date of hearing for Mon- dav evening, March 10th. Copies of the Budget Summary are available at the City Clerk's office and at the Library. On Feb- ruary 26th or 27th the detailed budget will be given to you and made available at the Clerk's of- fice and the Library. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. Special Session, February 24, 1975 89 RESOLUTION NO. 48.75 WHEREAS the City Manager has submitted a BUDGET ESTIMATE for the period of July 1, 1975 to June 30, 1976, in compliance with Chapter 1020, Acts of 64, 2nd Gen- eral Assembly 1972, as amended, and the City Council has been duly considered and caused to be pre- pared the Budget Estimate for ex- penditures beginning July 1, 1975 and ending June 30, 1976. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That said Budget Estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuuque, Iowa, and the date of public hearing is here- by fixed as the 10th day of March 1975, at 7:30 o'clock p.1%1. Central Daylight Time in the Council Chamber at the City Hall. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby directed to cause said Bud- get Estimate of expenditures to be published in the official notice to be given of the time and place, when and where said Budget Esti- mate will be considered by said Council for final adoption at which time and place taxpayers will be heard for or against said Estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 24th day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk to the adoption of a resolution relative to casual day proposal, presented and read. Mr. Win. Swee- ney, President of Local 0758 and George Bogarth addressed the Council relative to the communi- cation, Councilman Thorns moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays --None. February 24, 1975 Honorable Mayor and City Council My office has been negotiating with the various employee group organizations in an attempt to reach a mutual agreement on the Nvage and benefit package for the period January 1, 1975 through June 30, 1976. The settlement that has been reached between the employee group organizations and my office has been ratified by the majority of the group organizations. There- fore, I am recommending that the proposed wage and benefit pro- gram be adopted by the City Coun- cil and made effective January 1, 1975. 1 would request your adoption of the attached Resolution. Gilbert D. Chavenelle City Manager Cuuncilman Brady moved that the communication be received and filed. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Thorns. Nays --Councilman Stackis. Councilman Thorns moved adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Communication of International Union of Operating Engineers re- questing permission to present their position to the Council prior RESOLUTION NO. 49.75 WHEREAS, the City of Dubuque, Iowa, through its City Manager's Office, has been negotiating agree. ments relating to wage and benefit programs with various employee group organizations and employee groups; and WHEREAS, the parties have reached agreement on various wage and benefit programs, to be effective for the period January 1, 1975 through June 30, 1976 as stipulated in the revised manual identified as the City of Dubuque, 90 Special Session, February 24, 1975 .January 1, 1975 - .June 30, 1976, Wage and Salary Plan, Revised January 29, 1975. WHEREAS, it is desirous that the City Manager be given author- ity by the City Council to place in effect this proposed wage and salary plan. NOW. THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That the City Manag- er be authorized to implement the proposed wage and salary plan and employee benefits for the period January 1, 1975 through June 30, 1976. Section 2. That the City Manager be authorized to execute Memoran- da of Agreements relating to the plan with: a) Dubuque Professional Fire Fighters' Association Local 353 b) General Drivers and Helpers Union Local 421 c) Amalgamated Transit Union Division 329 d) Dubuque Policemen's Protec- tive Association Section 3. That the City Manag- er be authorized to recommend ad- justments to the pay plan during the period January 1, 1975 through June 30, 1976 as may be deemed necessary for the effective opera- tion of the City of Dubuque. This Resolution repeals Resolu- tion No. 16-75 passed, adopted and approved on the 14th day of Jan- uary, 1975. Passed, adopted and approved this 24th day of February, 1975. C. Robert Justmann Mayor Alvin E. Lundh James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Thorns. Nays—Councilman Stackis. RESOLUTION NO. 50-75 WHEREAS, applications for Reel- Permits eerPermits 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., Oky Doky #11, 1101 Rhomberg Avenue Passed, adopted and approved this 24th day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis .lames E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 51.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived 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 he issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Thompson's Food Markets, ]no.. Oky Doky #11, 1101 Rhomberg Avenue Special Session, February 24, 1975 91 passed, adopted and approved this; 24th day of February 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thom., Councilmen Attest: 1,eo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh. Stackis, Thorns. 'gays --None. Mayor Justmann moved to pro- claim March 2, 1975, as "Leo J. ?Heuser Day." Seconded by Coun- cilman Thom.,. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. There being no further business. Councilman Thorns moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yens—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thorns. Nays—None. Leo F. Frommelt City Clerk Approved April 21, 1975. Adopted April 21, 1975 Councilmen At.. City Clerk Regular Session, March 3, 1975 93 CITY COUNCIL (OFFICIAL) Regular Session, March 3, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Thoms. City Manager Gilbert D. Chavenelle. Absent — Councilmen Lundh, Stackis. Mayor Justmann read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEET. ING of the City Council called for the purpose of acting upon such business as may properly come before the meeting. Communication of Planning do Zoning Commission submitting minutes of their meeting of Feb- ruary 10, 1975, presented and read. Councilman Brady moved that the minutes be received and filed. Sec- onded by Concilman Thoms. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh. Stackis. Communication of Playground 3 Recreation Commission submit- ting mintues of their meeting of February 10, 1975, presented and read. Councilman Brady moved that the minutes be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Communication of Ozark Air Lines submitting application to extend embargo beyond expiration date of February 28, 1975 before the Civil Aeronautics Board rela- tive to its membership on the car- riage of all hazardous materials, until such time that new rules and regulations are implemented, pre- sented and read. Councilman Thoms moved that the communi- cation be received and filed and referred to the Airport Commis cion. Seconded by Councilman Brady. Carried by the fellowing vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis, Communication of Board of Su. pervisors of Hardin County, ad- dressed to Councilman Thoms, submitting copy of communication sent to the District Engineer of the State Highway Commission re- questing the reactivation of the 1-520 Program, presented and read. Councilman Brady moved that the communication be referred to the Council meeting of March 10, 1975. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent -- Councilmen Lundh, Stackis. Communication of East Cen- tral Intergovernmental Association submitting a communication for the Dubuque County Board of Su- pervisors setting out a change in distribution of the member per - capita assessments affecting Du- buque County member govern- ments, presented and read. Coun- cilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Communication of Dubuque Ad- visory Commission submitting amended minutes of the meeting of January 28th: also meeting of February 25, 1975, presented and read. Mayor Justmann moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh. Stackis. David Clemens addressed the Council relative to the minutes submitted. Councilman Brady moved that the minutes be re- ceived and filed. Seconded by Ma- 94 Regular Session, March 3, 1975 yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Communication of Youth Ser. vices Board of Directors submit- ting minutes of their meeting of January 28, 1975, presented and read. Councilman Thoms moved that. the minutes be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Notice of Claim of Mrs. Vaughn Radabaugh, in the amount of $10,1100, for personal injuries re- ceived in a fall on icy city owned steps on the north side of West Eighth Street on January 4, 1975, presented and read. Councilman Thoms moved that the Notice of Claim be referred to the City At- torney for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh. Stackis. Notice of Claim of Stella L. Reu- ter, in an undertermined amount, for personal injuries received in a fall on a defective sidewalk at 1610 Lincoln Ave. on February 1, 1975, presented and read. Coun- cilman Thoms moved that the No- tice of Claim be referred to the City Attorney for proper proceed- ings. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Notice of Claim of Betty Schil- sky, in an undetermined amount, for personal injuries received in a fall on a step at W. 17th Street due to an icy condition on Feb- ruary 11, 1975, presented and read. Councilman Thoms move that the Notice of Claim be re- ferred to the City Attorney fo proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent -- Councilmen Lundh, Stackis. Petition of Dennis Meyer request- ing permission to proceed with plans to conduct a Pony Express ride to be held on March 28th and 29th to solicit money on horseback in various areas of the City for crippled chldren, presented and read. Councilman Thoms moved that the petition be referred to the City Manager for implementa- tion. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Petition of Mrs. Warren Conrad of 2419 Jackson Street requesting some traffic control system or de- vice at the intersection of 24th d Jackson Streets, presented and react. Mayor Justmann moved that the petition be received and filed and referred to the City Manager for investigation and report. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Petition of Colt 45 Drum & Bu- gle Corps requesting consideration for funds if available at City, County, State or Federal level, un- der Crime Prevention Program or Community Development Program, presented and read. Robert Bue- low, Coordinator of Colt 45 Drum & Bugle Corps addressed the Coun- cil relative to the petition. Coun- cilman Thoms moved that the pe- tition be received and filed and referred to Gent Wittenberg and Councilman Stackis of North East Area Crime Commission. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. d I Nays—None. Absent — Councilmen Lundh r Stackis. Regular Session, March 3, 1975 95 petition of Ronald D. Weydert et al (36 signers) requesting re- classification of Keyway Drive from a so called '-through street" to a "non -through street" to per- mit the installation of stop signs at Foothill Road & Keyway Drive, presented and read. Mayor Just - mann moved that the petition be referred to the City Manager for proper proceedings. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Petition of Mrs. Vicki Howard requesting a minimum speed law (15 m.p.h.) and signs indicating the presence of children on Wood- worth Street, presented and read. Councilman Thoms moved that the petition be referred to the City Manager, Engineering De- partment, and Traffic Department. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Petition of Mettel Realty & In- vestment Company requesting per- mission to install street lighting in Hillcrest Road and Admiral Street, presented and read. Mayor Justmann moved that the petition be approved and referred to the City Manager for ratification. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. At the meeting of the City Council, City of Dubuque, Iowa, the representative of Hampton As. sociates made oral presentation to the City Council requesting an ex- tension of time for an additional period as well as a review of the situation in the light of the de- velopments that have occurred with the Five Flags Center. Hamp. ton Associates alleged that the de- velopment of Five Flags is an in- tegral necessity to the develop- ment of any plans for the pro- posed Ramada Inn at said site. Section 704 of said regulations provides that if the redeveloper shall default in or violate its ob- ligation with respect to the con. struction of the improvements (in- cluding the nature and the dates from the beginning and comple- tion thereof), or shall abandon or substantially suspend construction work and any such default in vio- lation, or abandonment or suspen- i sion shall not be cured, ended or remedied within three (3) months after the demand by the Agency so to do, then in such event, the Agency shall have the right to re- enter and take possession of the property and to terminate the es- tate conveyed by deed to the Re. developer, and that title revest in the Agency which in this in- stance would be the City of Du- buque. Section 705 provides that upon the revesting in the Agency, the title to the property or any part thereof, the Agency shall use its best efforts to resell the property and in such manner as the Agency shall find feasible, and, upon such resale, the Agency first shall reim- burse itself for all costs and ex- penses incurred by the Agency, and all other numerated costs and expenses set out in said Section 705, and thereafter to reimburse to the redeveloper the sum of the purchase price paid by it, or part thereof. Any balance remaining after such reimbursement shall be retained by the Agency of this property. In summary and very briefly, the Agency can declare the rede. veloper to be in default, and serve a written demand to commence the construction, and upon failure to do so within three months, then they shall have right to reenter February 7, 1975 Honorable Mayor and City Council The matter of the Hampton Con- tract relating to the purchase of Urban Renewal property in the Urban Renewal Area of the City of Dubuque, Iowa, has been re- ferred to this writer in connec- tion with the fact that the said owner is in default of contract un- der which they purchased said real estate as to terms of performance of the obligations therein con- tained. 98 Regular Session, March 3, 1475 and take possession of the proper- ty and the title of revert in the Agency, and thereafter the Agen- cy can sell said property and from the sale proceeds reimburse the redeveloper for what it has paid for the property and any over plus may be retained by the Agency. A machine copy of the regula- tions is hereto attached for your further enlightment. R. N. Russo City Attorney Councilman Brady moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. A RESOLUTION authorizing an extension of time in which R. Hampton & Company, Inc., is to commence construction on certain land in the Downtown Urban Re- newal Project, Iowa R-15, present- ed and read. Councilman Brady moved that the extension be de- nied. MOTION DIED FOR LACK OF A SECOND. Mayor Justmann moved that the resolution be re- ferred to the Council Meeting of March 10, 1975. Seconded by Coun- cilman Thoms. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. A RESOLUTION granting Class "B" Beer Permit application to Richard B. Winsor, presented and read. Councilman Thoms moved adoption of the resolution, Sec- onded by Mayor Justmann. Vote on the motion was as follows: Yeas — Mayor Justmann, Coun- cilman Thoms. Nays—Councilman Brady. Absent — Councilmen Lundh Stackis. MOTION FAILED. Councilman Thoms moved to re fer the resolution to the Counci: meeting of March 10, 1975 for re consideration. Seconded by Mayoi Justmann. Carried by the follow ing vote: Yeas — Mayor Justmann, Coun cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, >tackis. A RESOLUTION directing the ssuance of Class "B" Beer Permit o Richard B. Winsor, presented ind read. Councilman Thoms moved adoption of the resolution. Seconded by Mayor Justmann. Vote on the motion was as fol- lows: Yeas — Mayor Justmann, Coun- cilman Thoms . Nays—Councilman Brady. Absent — Councilmen Lundh, Stackis. MOTION FAILED. Councilman Thoms moved to re- fer the resolution to the Council meeting of March 10, 1975 for re- consideration. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. RESOLUTION NO. 52.75 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 provi- sions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Apartments, Ltd., Kennedy Mall Passed, adopted and approved this 3rd day of March 1975. C. Robert Justmann Mayor James E, Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—None. Absent — Councilmen Lundh, Stackis. Regular Session, March 3, 1975 97 RESOLUTION NO. 53-75 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 AND LIQUOR LICENSE The Apartments, Ltd., Kennedy Mall Passed, adopted and approved this 3rd day of March 1075. C. Robert Justmann Mayor James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thorns. Nays—None. Absent — Councilmen Lundh, Stackis. RESOLUTION NO. 5475 WHEREAS, upon the recom- mendation of the Mayor's Indus- trial Committee, the City of Dubu- que and Thermolyne Corporation entered into an option, to purchase real estate, dated the 12th day of February, 1873, wherein the City of Dubuque agreed to sell to Ther- molyne Corporation of Dubuque, Iowa, the following described real estate, to -wit; and Lot 1 of Block 12, Block 13, and Lot 1 of Block 14, in "Riv- er Front Subdivision No. 3" in the City of Dubuque, Iowa. WHEREAS, Mayor's Industrial Committee composed of Robert Justmann, Mayor, William Wood ward, Chairman of Board of Doci Commissioners, and Robert E Dorothy, Manager of Dubuque In dustrial Bureau, communicated U the City notice that said optionee is willing to exercise its option immediately provided the City of Dubuque modify said option to grant purchaser the right to com- mence construction of a new plant on the premises within three years of transfer of deed, and completion of the project within four years of transfer of deed; and WHEREAS, said optionee is will- ing to exercise its option to pur- chase the above described real es- tate subject to all other terms and conditions in said option agree- ment. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the exercise of the option as modified to purchase the hereinabove described real es- tate by Thermolyne Corporation be and the same is hereby approv- ed. Section 2: That the sale of the real estate hereinabove described to Thermolyne Corporation of Du buque, Iowa, be and the same is hereby approved subject to the following terms and conditions: 1. That the selling price of said real estate shall be Five Thous. and ($5,000.00) Dollars per acre or a total purchase price of $36,030.00 Dollars and that the option payments shall not be deemed nor be applied upon the purchase price. 2. That the construction of said im- provements shall conform to all City Codes and Ordinances. 3. In the event of exercise of said option, the City shall convey said premises by Quit Claim Deed subject to existing easements, for sewer, water and all utilities and the City reserves an ease- ment for the location and main. tenance of such utilities, togeth- er with the right of ingress therein and egress therefrom for the purpose of repair and main- tenance thereof. 4. The City reserves an easement over Lot 1 of Block 14 River. front Subdivision No. 3 for pos. sible extension of sanitary sew- er, storm sewer and water main and said easement shall be for Fifty (5(y) feet as construction easement and for twenty (201) feet as utilities easement. Regular Session, March 3, 1975 5. That said City reserves an ease- ment in, over, on and across the property hereinabove described as railroad easement, which ease- ment area is shaded in green on the attached plat and contains approximately .3377 acres, said plat being dated January 31, 1969, and prepared by Cullen- Schiltz & Associates, Inc. 6. That purchasers shall commence construction of a new plant on the premises within three years of date of deed and shall com- plete the project within four years of date of deed. Section 3: 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 3rd day of March, 1975. C. Robert Justmann James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thorns. Nays — None. Absent — Councilmen Lundh Stackis. There being no further business, Councilman Thoms moved to ad journ. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thorns, Nays — None. Absent — Councilmen Lundh Stackis. Leo F. Frommelt City Clerk Approved May 5, 1975 Adopted May 5, 1975 Councilmen Special Session, March 10, 1975 — 99 CITY OFFICIAL Special Session, March 10, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is called e of COW CONDUCTING A PUBLIC HEARING ON THE BUDGET ESTIMATE FOR FISCAL YEAR JULY 1, 1975 TO JUNE 30, 1976, and acting up- on such other business as may properly come before a regular mceting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing on the Budget Estimate from Jul} 1. 1975 to June 30, 1976 expenditures, presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Peas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays — None. Communication of Fred & Ard- ith Meeker of R. R. #2, objecting to possible tax raise of properties the), own in the City, presented and read. Mayor Justmann moved that the communication be receiv- ed and filed. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, &ackis, Thoms. Nays — None. Petition of Dale Walbrun e, al (160 signers) objecting to increase in property taxes and also increase for water, sewage & refuse pick- up, presented and read. Council- man Stackis moved that the peti- tion be received and filed and re- ferred to the Council. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun cilmen Brady, Lundh, Stackis Thoms. Nays — None. Cf)UncilInan Thoms moved to sus pend the rules to let anyone pre. ent address the Council if they so d.!sire. Seconded by Councilman Brady. Carried by the following vote: Year, — Mayor Justmann. Coun- cilmen Brady, Lundh. Stackis. Thoms. Nays — None. Paul 111ilbrandt of Dubuque Cas- ket Company presented and read a c mmuntcation objecting to street diverters on Washington Street at 15th, 16th, 17th, 18th & 19th Streets. Eldon Wilwert addressed the Council objecting to diverters on Washington Street. Councilman S.ackis mored that the communicr- tion of Paul Milbrandt be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Councilman Thoms moved to re- cess the Public Bearing on the Estimated Budget to the Council meeting of March 24, 1975 at 7:30 o'clock P.M. in the C'.ouncil Cham- bers. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun oilmen Brady. Lundh, Stackis, Thoms. Nays -- None. Communication of Dubuque County Association for Retarded Citizen., Inc. offering their assist- ance in the development of a Rous- ing Assistance Plan, specifically to help the needs of the handicapped. elderly and the mentally retarded, presented and read. Mayor Just - mann moved that the communica- tion be received and filed and re- ferred to the Department of COm- munity Development. Seconded by Councilman Lundh. Carried by tilt' following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays — None. Communication of Wahlert Ec. ology Students expressin interest in "Earth Day" April 22nd and inquiring about Iowa la astand land ity laws regulating au' resented and and noise pollution, p read. Mayor Justmann moved that the communication be referred to Itittemore's Department, Engineer- ~- ing Department and the ('ity Man- 100 1 Special Session, March 10, 1975 ager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Communication of Human Rights Commission submitting minutes of their meeting of February 5, 1975, presented and read. Councilman Thoms moved that the minutes be returned to the Commission asking for clarification of "Conflict of In- terest" of Director Matt Lorenz. Seconded by Councilman Lundh. Carried by ithe following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoma. Nays — None. Communication of Board of Sup- ervisors of Hardin County, sub- mitting copy of letter sent to Iowa State Highway Commission re- questing reactivation of I-520 Pro- gram, and soliciting our support, presented and read. Councilman Thoms moved that their request be supported and a copy of the adop- tion of our resolution on 520 Pro. gram and Rail Transportation be forwarded. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thqms. Nays — None. Communication of Mrs. Mary L. Macker of 1617 Lincoln Ave. being concerned as to the possible re- moval of busses in the summer- time which would create a tragedy, presented and read. Councilman Stackis moved that the communica- tion be referred to the Council meeting of March 24, 1975. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. March 7, 1975 Honorable Mayor and City Council In answer to the questions re- garding the grain elevator or Thruput's property, built next t( the floodwall, I would like to stat( that I do not approve of this strue ture being built by the company this close to the floodwall. The elevator was placed there in .072 and the Corps of Engineers ►otified my office of its existence ;portly after it was constructed. V this time the settlement of the .oncrete panel was noted. In 1973 luring the dedication, we, with the 'ores checked the settlement. I believe the floodwall is sound and has not been unduly damaged by the construction of the ele- vator. The floodwall at this point sets on steel (Z) piling which is driven into the ground 14 feet below the base of the floodwall. The (Z) pil- ing extend 3 feet into the concrete brise of the floodwall. The base of the floodwall is three and one. half feet below the surface of the ground. The elevator is built one foot from the inside edge of the con. crete floodwall. A 12" toe drain pipe runs under the elevator. If we ever had to re- build this drain the elevator would have to be moved at the owner's expense. The only danger to our floodwall would be the possibility of an un- stable subsurface condition. The Corps of Engineers agreed to make a study of subsoil condi- tions in the area of the silo and I am enclosing a copy of this re- port. They report a safety factor of ;1.1 to 1.3 with the silos both full of corn, this is a minimum permis- cable safety factor but it should be 2.0. I will require Thruput to leave the silos empty during high water over a 25 foot stage which is 610 feet above sea level. The Corps suggested establishing survey points on the floodwall to be read periodically, which will provide warning of any change in subsurface stress. This will be ac- complished within a short time. John L. White, P.E. City Engineer Mayor Justmann moved that the communication be received and fil- ed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Special Session, March 10, 1975 101 March 3, 1975 Honorable Mayor and City Council The U.S. Census Bureau has notified us that they will be con- ducting a special census for the City of Dubuque in September of this year. The contract with the Census Bureau for conducting this census was approved by the City Council last fall. We have had meetings with the census people relative to th the revision of tract maps for City. Modifications to the City maps have been made and were fom-arded to the Census Bureau in mid-January. we will keep you informed as plans for the special census mater- ialize, Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays — None. March 5. 1975 Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Health De- partment, Water Superintendent and Treasurer for the month of January, as well as a list of claims paid. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. March 5, 1975 Honorable Mayor and City Council I am returning the petition of Mr. C. E. Mettel requesting street lighting on Ilillerest Road and Ad- ►niral Street in Mettel-Byrne Addi- tion. The area has been investigated by the electrical inspector and it is recommended that three 175 watt mercury vapor fixtures, along with underground wiring, be installed at the following lncations: 1. Between Lots 3 & 4 of Blockl3 along Hillcrest Road. 2. Between Lots 7 & 8 of Block 13 along Hillcrest Road. 3, Between Lots 2 & 3 of Block I1 along Admiral Street. Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and request be approved. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays — None. March 6, 1975 Honorable Mayor and Members of the City Council I have approved the continuation certificate covering Sidewalk con- struction Bond #29394 in behalf of Raphael H. Strub, issued by Mid- western Casualty & Surety Com- pany. We desire to have your approval of same. Gilbert D. Chavenelle City Manager Councilman Lundh moved that filing be approved subject to the approval of the City Attorney. Sec-onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh. Stackis, Thoms. Nays — None. Notice of Claim of Mrs. Ilarold Schwacgler, in the amount of $75., for personal injury and personal I property damage incurred as the result of a fall at the corner of Bennett St. & Grandview Ave. on February 16, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thimms. Nays — None. Notice of Claim of Brian E. Bradley, in an undetermined amount, for car damage incurred 102 Special Session, March 10, 1975 a; the result of driving into an ex. cavation at 17th & Main Streets on March 5. 1975. presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman S:ackis. Carried by the following vote: Yeas — Mayor Justmann.Court. camen Brady, Lundh, Thorns, Nays — None. March 6, 1975 Honorable Mayor and Councilmen 'Ihe City of Dubuque Planning and Zoning Commission hos held a public hearing on the petition of Manternach Development Com- pany requesting reclassification of a portion of their property in Ter- race Heights Mobile liome Park in the City- of Dubuque, Iowa, from ilultiple Residence District to Local. Business "B" District class. ification. The Manternach Development Company had successfully petition- ed for establishment of a Local Business "B" District on their property last year. In responding to that original petition, the Plan- ning and Zoning Commission had determined that their property fronting on Peru Road was an ap- propriate location for a neighbor- hood business center serving the growing residential population in th-2 Stonehill Area. The present petition asks expansion of the Local Business "B" District to in- clude the existing community cen- ter building within the Mobile H,)me Park, so that limited com- mercial operation may commence in that structure pending later de- velopment of the larger commer- cial area on Peru Road. The Commission has determined that the proposal to delay develop- ment of the Peru Road frontage is reasonable and that there is a com- munity objective in withholding development of that property until final plans for roadway re-develop- mcnt and drainage ditch improve- ment have been completed. The Planning and Zoning Commission hai unanimously recommended that the petition to expand the Local Business "B" District on the 1.83 acre parcel containing the ex- isting community center building should be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Justmann moved that tha communication be received and fil- ed. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady. Lundh, Stackis, I homs. Nays — None. AN ORDII AINCE amending and changing Ordinance No. 3-34. known as "The Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa", so as to change cer- tain property described as "Com- mencing at the southwest corner of the northwest quarter section of Township 89 North, Range 2 East of the 5th Principal Meridian, Du- buque County, Iowa: Thence east- erly along the south line of said quarter section a distance of 1530.27 feet to a point, said point also lying on the centerline of Peru Road; Thence northerly along a line, said line also being the centerline of Peru Road; with a deflection angle of 95° 56' 30" left a distance of 730.46 feet to a point; I hence westerly along a line with a deflection angle of 89` 4' 15" left a distance of 260 feet to a point. said point being the beginning of this legal description; Thence northeasterly along a line with a deflection angle of 72° 20' 45" right a distance of 689 feet to a point; Thence southwesterly along a line with a deflection angle of 90' 0' left a distance of 130 feet to a point; Thence northwesterly along a line with a deflection angle of 95` 5' right a distance of 140 feet to a point: Thence easterly along a line through said point and perpendicular to the centerline of Peru Road at that point to a point 260 feet westerly of said center- line; Thence southerly along a line parallel to, but 260 feet west of the centerline of Peru Road to the point of beginning; All territory described lying in Lot A of Ter. race Heights Subdivision being a subdivision of the northwest quar ter of Section 21, Township 89 North, Range 2 Fast of the 5th Principal Meridian, in the City of Dubuque, Iowa, Dubuque County. Special Session, March 10, 1975 _ 103 1.89 acres more or less from Multiple Residence District Community Development. Second - Iowa, containing less" from "Multiple Residence ed by Councilman Stackis. Carried or Cla<sification to "Local I by 6e following District" 'B' District Classifica-Mayor Justmann, Coun Business tion". presented and read. Coun- cilmen Brady, Lundh, Stackis, Lundh moved that the read- 7 homs. cilman ing just had be considered the Nays — None. first reading of the Ordinance. Sec- Petition of Frank Hardie Adver- by Mayor Justmann. Car- tising Inc. requesting rezoning of onded by the following vote: Lot 2 of M. L. 243 and Lot 3 of ried Yeas — Mayor Justmann. Coun- M. L. 243 from Single Family to Brady. Lundh, Stackis. Business Classification (3100 Block cilmen on University), presented and read. Thoms. Nays — None. Councilman Stackis moved that Councilman Lundh moved that the petition be referred to the Planning & Zoning 11Lundn. the rule requiring an Ordinance to separate days Seconded by CouncilCo be read on three Seconded Mayor Carried by the following vote: be waived. e follow Justmann. Carried by the Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, ing vote: yeas —Mayor Justmann, Coun- Thoms. cilmen Brady. Lundh, Stackis. petition of League of Women Thorns. Voters of Dubuque requesting the Nays — None. Councilman Lundh moved that adoption of a formal annexation policy for the City, presented and a public hearing be held on the April 7, 1975 at read. Ordinance on Y.M. in the Council Bobbe Ames, President of ague of Women Voters address - hao'clock Chamber at the City hall and that ed the Council stating she had the City Clerk be instructed to written the Council in June of publish notice of the hearing in 1973. She further stated League is the manner required by law. Sec- now talking more about policy onded by Mayor Justmann. Car rather than various parcels of land. ried by the following vote: Thee are more interested in open Yeas — Mayor Justmann, Coun space green belt, open use of land p cilmen Brady. Lundh. Stackis, and planned orderly growth. Coun- Thoms. cilman Lundh moved that the peti- Nays — None. tion of League of Women Voters Petition of Loras College Stu- be received and filed and referred dent Senate requesting permission to the Planning & Zoning Commis - to use fireworks in celebrating Sion. Seconded by Councilman following their annual Dionysia Festival on Stackis. Carried by the April 25, 1975, presented and read. vote: Coun- Glenda Buesmer addressed the Yeas -- Mayor Justmann, Stackis, Council questioning "Why not have cilmen Brady, Lundh, Fireworks". Councilman Brady Thoms. moved that the petition of Loras College be received and filed and Nays — None. Councilman Brady moved that referred to the City Manager. Sea the Planning & Zoning C-0mmis- inform the onded by Councilman Lundh. Car- Sion be instructed to ried by the following vote: Yeas — Mayor Justmann. Coun- Council on annexation guidelines. Seconded by Councilman Stackis. cilmen Brady, Lundh„ Stackis, Carried by the following vote: Coun- Thoms. Yeas — Mayor Justmann, Brady, Lundh, Stackis, Nays — None, cilmen Petitions of Shawn Bahl, et al, Thoms. Nays — None. (approx. 100 letters) students from Petition of Robert Watters re. Iloly Ghost School, Audubon School. Jackson School and others questing rental of approx. 14 acres the Gantz property (land requesting the establishment of a - abutting fill) off Highway X20, present Girl's Center, presented and read. read. Councilman Lundh mov- Councilman Thoms moved that the and that the petition be received petitions be received and filed and ed filed and referred to the City referred to the Department of and 104 Special Session, March 10, 1975 Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Petition of Janlin Plastic Co. by Robert Bertsch, Attorney, request- ing the removal of certain condi- tions in resolution and deed rela- tive to their property known as Lot 2 of Block 8 in River Front Sub, No. 3 as to number of per- sons employed and warehousing purposes, presented and read. Councilman Thoms moved that the petition be referred to the Mayor's Industrial Committee and City Sol- icitor for consideration and report. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. A resolution authorizing an ex- tension of time in which R. Hamp- ton and Company Inc. is to com- mence construction on certain land in the Downtown Urban Renewal Project, Iowa R-15 was presented for consideration. Councilman Brady moved that the extension be denied and the City Solicitor take steps to reclaim the land. Seconded by Mayor Just - mann. Vote on the motion was as follows: Yeas — Mayor Justmann, Coun- man Brady. Nays — Councilmen Lundh, Stackis, Thoms. MOTION FAILED. RESOLUTION NO. 55.75 AUTHORIZING AN EXTENSION OF TIME IN WHICH R. HAMP- TON AND COMPANY, INC. IS TO COMMENCE CONSTRUCTION ON CERTAIN LAND IN THE DOWN- TOWN URBAN RENEWAL PROX ECT, IOWA R-15 WHEREAS, under date of Sep- tember 4, 1973, the City of Du- buque and R. Hampton and Com. pany, Inc. entered into a Contract for Sale of Land for Private Re- development covering Block 14 in Dubuque Downtown Plaza; and WHEREAS, the said Contract provided that construction was to commence within six months from November 11, 1973, the date 01 delivery of the deed to said parcel A real estate by the City of Du- ,)uque to R. Hampton and Com. ,-)any, Inc.; and WHEREAS, the City Council of Rhe City of Dubuque has from time Ro time granted R. Hampton and Company, Inc., at their request. extensions of time to dates cer- tain in which to commence con- struction of the improvements up- on the said parcel of real estate: and WHEREAS, R. Hampton and Company, Inc. has been unable to secure the required commitment for financing the construction of the improvements upon the said parcel of real estate; and WHEREAS, it is deemed to be in the best interest of the Down- town Urban Renewal Project, Iowa 11-15, and the City of Dubuque to grant R. Hampton and Company, Inc. a further extension of time in which to commence and com- plete construction of the required improvements: now therefore. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That the time in which R. Hampton and Company, Inc. is to commence construction of the required improvements up- on Block 14 in Dubuque Downtown Plaza be and the same is hereby extended to June 9, 1975, and the time in which the said improve- ments are to be completed shall be eighteen months from said date. SECTION 2. That all other terms, conditions and provisions of the Contract for Sale of Land for Private Redevelopment dated Sep- tember 4, 1973, shall remain in full force and effect. Passed, adopted and approved this 10th day of March, 1975. Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved a three month extension and the resolution adopted. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Councilmen Lundh. Stackis, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. Special Session, March 10, 1975 105 March 6, 1975 Honorable Mayor and Members of the City Council Ordinance Number 66-70 re- quiresthat the City Manager an- nually prepare a delinquent list of Garbage and Refuse Collection ac- counts and prepare a resolution assessing the delinquent charges to the properties involved. Said resolution is submitted herewith. Gilbert D. Chavenelle City Manager Councilman Thorns moved that t}1e communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. RESOLUTION NO. 5675 AUTHORIZING THE CITY MAN- AGER TO ASSESS GARBAGE AND REFUSE COLLECTION CHARGES PURSUANT TO SEC- TION 5 OF ORDINANCE NO. 66- 70 WHEREAS, City Garbage and Ref- use Collection from residential premises shall be mandatory, and 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 BY THE CITY COUN- CIL OF THE CITY OF DUBU- QUE, IOWA, That the following delinquent Gar- bage and Refuse collection charges be assessed against the following properties and in the amount so listed. Lot 2 of 2 & Lot 1—Blk 14A Key Knolls Sub. (2003 & 2005 Keyway Drive) $84.00 Lot 2 of 3 & Lot 1 of Lot 2 Blk 14A Key Knolls Sub. (2013 & 2015 Keyway Drive) $84.00 Lot 9 of Lot 4 & Lot i of Lot 3 Blk 14A, Key Knolls Sub. (2023 & 2025 Keyway Drive) $84.00 Lot 1 of Lot 5 & Lot 1 of Lot 4, Blk 14A, Key Knolls Sub. (2053 & 2055 Keyway Drive) $84.00 Lot 1 of Lot 6 & Lot 2 of Lot 5, Blk 14A, Key Knolls Sub. (2063 & 2065 Keyway Drive) $84.00 Lot 7 & Lot 2 of Lot 6, Blk 14A, Key Knolls Sub. (2093 & 2095 Keyway Drive) $84.00 Passed, adopted and approved this 10 day of March 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. February 28, 1975 Honorable Mayor and City Council The Iowa Crime Commission has made available to us funds to fi- nance the Police School Liaison Officer for a second year. In order for us to be eligible for these funds, we must sign an application for grant and also sign a matching resolution. The grant provides for $12,764.43 to be furn- ished by the Iowa Crime Commis- sion and $3,444.37 to be furnished by the City of Dubuque in match- ing funds. The City of Dubuque's matching funds will be a percent- age of the Youth Commander's salary. We would therefore request that you adopt the matching resolution which states that the City of Du- buque will provide $3,444.37 in matcbing funds. We would also re- quest that you would authorize the Mayor to sign the application and related certifications for the grant. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoma. Nays — None. 100 Special Session, March 10, 1975 MATCHING RESOLUTION NO. 57-75 Whereas the City of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 1975-76 cash funds for the following Iowa Crime Commission projects: Brief Description of Project: Police/School Liaison Officer Pro- gram. Amount of Funds Being Provided $3,444.37 Passed this loth day of March, 1975. C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Allan T. Tboms Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays -- None. RESOLUTION NO. 58-75 WHEREAS, the City of Dubuque, Iowa has heretofore operated and maintained jail facilities in the City Hall in the City of Dubuque. Iowa requiring the services of "Police Matrons"; and WHEREAS, the City of Dubuque, Iowa no longer operates a jail facility in the City Hall but that any and all jail facilities are located and operated in the new County -City Law Enforcement Cen- ter which has been erected and constructed for such purpose; and WHEREAS, there is no longer any need for the employment of Police Matrons by the City of Du- buque, Iowa, and the public inter- ests requires that the office of Police Matron in and for the City of Dubuque, Iowa be and the same is hereby abolished and any and all employees within such category and/or classification should be re- moved therefrom; and WHEREAS, the abolishment of the office of "Police Matron" and the removal of such employees from such classification is done in good faith and in the service of the public interest; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That by virtue and pursuant to and in accordance with Section 365.28 of the 1973 Code of Iowa, that the office of Police Matron in and for the City of Du- buque, Iowa be and the same is hereby abolished and any and all employees in said classification or erade, be and the same arc hereby removed therefrom. Section 2. That the abolishment of said office and removal of em- ployees therefrom by the City of Dubuque, Iowa is done in the sere• ice of the public interest and in good faith and in accordance with and pursuant to Section 365.28 of the 1973 Code of Iowa. Section 3. That the City Clerk be and he is hereby directed and ordered to transmit forthwith a certified copy of this Resolution to the Civil Service Commission of the City of Dubuque, Iowa. Passed, approved and adopted this loth day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady - Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thorns. '.Nays — None. RESOLUTION NO. 59.75 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. Richard B. Winsor, Bunker Hill Municipal Golf Course, Bunker Bill Road Special Session, March 10, 1975 107 Passed, adopted and approved this 10th da, of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays—Councilman Brady. RESOLUTION NO. 60.75 WHEREAS, app.ications 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 "B" BEER PERMIT Richard B. Winsor, Bunker Hill Municipal Golf Course, Bunker Hill Road Passed, adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays --Councilman Brady. RESOLUTION NO. 61-75 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. Ted Bartmann and David Hoffman, Amusement Center, 1700 Cen- tral Avenue Passed, adopted and approved this loth day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E, Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. 'nays—None. RESOLUTION NO. 62.75 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 PERMIT William John White, Hillcrest I.G.A. Foodliner, 1993 Asbury Road Will -Co -Inc., Oky Doky #10, 805 West 5th Street Passed, adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundb Emil Stackis James E. Brady Allan T, Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. 108 Special Session, March 10, 1975 RESOLUTION NO. 63.75 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 William John White, Hillcrest I.GA Foodliner, 1993 Asbury Road Will -Co -Inc., Oky Doky #10, 805 West 5th Street Passed, adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lunda Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 64.75 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 LICENSE Carl N. Brant, A & B Tavern, 2600 Central Avenue Delores B, Elliott, Corner Tap, 2093 Washington Street Passed, adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays --None. RESOLUTION NO. 65.75 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 RF 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 Carl N. Brant, A & B Tavern, 2600 Central Avenue Delores B. Elliott, Corner Tap, 2093 Washington Street Passed, adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor 11vin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Special Session, March 10, 1975 109 There being no further business, Mayor Justmann moved to adjourn the meeting to March 24, 1975, at 7:30 o'clock P.M. in the Council Chambers. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Leo F. Frommelt City Clerk Approved May 5, 1975 Adopted May 5, 1975 .............. Mayor Councilmen heat. f ity1 lea1C 110 Special Session, March 17, 1975 CITY COUNCIL' OFFICIAL Special Session, March 17,1975. Council met at 7:30 P.M. (C.D.T.1 Present — Mayor Justmann, Councilmen Brady, Lundh, Stackis, Thoms, City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CONDUCTING A PUBLIC HEARING TO CONSIDER A PROJ- ECT FOR FINANCIAL ASSIST. ANCE FROM THE URBAN MASS TRANSPORTATION ADMINISTRA- TION FOR THE PURCHASE OF BUSSES AND EQUIPMENT and acting upon such other business as may properly come before a regular meeting of the Council. Mayor Justmann read and signed a proclamation, proclaim- ing the week of March 16th thru 23rd, 1975, as "International De- Molay Week." Mayor Justmann presented Ar- turo Delmoni, recipient of the John Deere and Dubuque Arts Council Award as violinist in resi- dence. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider a proj- ect for financial assistance sought from the Urban Mass Transporta- tion administration, presented and read. Councilman Lundh moved to suspend the rules to let anyone present address the Council if they so desire. Second by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. George Deininger, Chairman of Transit Trustee Board, Chester Solomon and Doris Riekena, mem- bers of the Board, addressed the Council requesting replacing of busses; 27 are now obsolete. They would like to start with 3 mini - busses with a maximum of 5 mini - busses (carrying 25 passengers). Harold Langman, present bus driver for 25 years, addressed the Council opposing mini -busses. Charles Long, President of Bus Drivers Union, requested a possi- ble Grant from the Government. Elza Adams stated busses stay on present schedule with the addition _)f possibly Sunday mornings. Tom O'Rourke suggested the jitney sys• tem be initiated. Councilman Thoms moved that the proof of publication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Na. ays Communication of Dubuque Transit Trustee Board advising of adoption of a policy of evaluating and implementing all reasonable proposals so that Keyline may ""Dubuque people; so as to maximize the total benefits of transportation while minimizing the total cost, presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 66.75 Resolution Authorizing the City of Dubuque, Iowa to Finance Their Share of the Mass Trans- portation Capital Improvement Grant From Transit System Funds. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transporta- tion projects; and WHEREAS, the City of Du- buque, Iowa has heretofore adopt- ed Resolution No. 384-74 author- izing the filing of an application with the Department of Transpor- tation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended; and WHEREAS, the contract for fi- nancial assistance will impose cer• tain obligations upon the appli- cant, including the provision by it of the local share of projects costs; and WHEREAS, a public hearing was held on the 17th day of March, 1975 at 7:30 o'clock p.m., Central Daylight Time, in the City Council Chambers, City Hall, City I of Dubuque, Iowa. Special Session, March 17, 1975 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Chairman of the Dubuque Transit Authority executed and filed an application on behalf of the City of Dubuque with the U. S. Department. of Transportation to aid in financing of a grant under the Urban Mass Transportation Act of 1964. Section 2. That the Chairman of the Dubuque Transit Authority has executed and filed with such application necessary documents as required by the U. S. Depart- ment of Transportation effectuat. ing the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That a public hearing was held on the 17th day of March, 1975 at 7:30 o'clock p.m.. Central Daylight Time, in the City Council Chambers, City Hall, City of Dubuque, Iowa and that any and all written objections thereto and any and all oral protests and ob- jections thereto be and the same are hereby overruled. Section 4. That the financing, of the local share of the total cost of the capital improvements grant, Project Number 1-03.0017 by the City of Dubuque be and the same is hereby approved, authorized and directed. Passed, approved and adopted this 17th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas --Mayor Justmann, Council men Brady, Lundh, Stackis, Thoms Nays—None. COUNCIL, RECESSED AT 9:05 P.M. RECONVENED AT 9:15 P.M. Communication of Ruth Baum- gartner objecting to the raise in Cable TV rates, presented and read. Councilman Stackis moved that the communication be re- ferred to the City Manager. Seo- onded by Councilman Thorns. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Communication of Dubuque Air- port Commission submitting min- utes of their meeting of March 6, 1975, presented and read. Council- man Stackis moved that the min- utes be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays—None. Absent -councilman Brady. Communication of Councilman Lundh requesting consideration for a combined park & recreation system; ALSO Mayor Justmann call- ing for a "vote for the record" to determine Council sentiment on a proposed merger of Park Board & Recreation Department, presented and read. Councilman Stackis moved to refer the Communica- tion to Park Board, Recreation Commission and Advisory Commis- sion to study feasibility of com- bining the departments. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of List of Claims: also list of receipts & expendi- tures for January, 1975, presented and read. Councilman Thoms moved the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Department of the Army Corps of Engineers, submitting a public notice of chan- nel maintenance dredging upper Missisrippi River from Guttenberg, Ia., to Saverton, Mo., presented and read. Councilman Thoms moved that the communication be re- ceived and filed. Seconded by Ma. yor Justmann. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays--Nune. 112 Special Session, March 17, 1975 Communication of Illinois De- partment of Transportation sub- mitting a series of discussion of proposed inputs between their of- fice and Division of Air Pollution Control of the Illinois Environmen- tal nv r - tal Protection Agency, presented and read. Mayor Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. Communication of Playground & Recreation Commission submitting their 1974 Annual Report, present- ed and read. Mayor Justmann moved that the report be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Scott Lux of University of Dubuque, encourag- ing the stockpiling of snow by the City before the thaw, in the hope of diminishing the strength of floods, presented and read. Mayor Justmann moved that the commu- nication be referred to the Coun- cil. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Mrs. Leo Schuster suggesting enforcement of the litter laws; slap a fine on loose dogs; reference to destruc- tion of Elks Building; Franklin School be used for apartments for the elderly; delighted in the re- juvenation of Cleveland & Madi- son Parks, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Youth Ser- vices Board of Directors submit- ting minutes of their meeting of February 25, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed Seconded by Councilman Lundh Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. March 14, 1975 Honorable Mayor and Members of the City Council I hereby submit the City of Du. buque, Iowa Water Department Audit Report ending December 31, 1974. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman I.undh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Councilman Brady moved that the verbal report of the City Man- ager with reference to Loras Col- lege Fireworks request be received and reference to request fireworks policy be applicable to this request and all other requests that follow. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis. Nays—Mayor Justmann, Coun- cilman Thorns. March 14, 1975 Honorable Mayor and City Council. At your meeting on February 10, you referred to the Planning and Zoning Commission and the City Manager the petition of the Fischer Companies for the vaca- tion of a section of Tower Street to determine whether or not the street had been vacated and, if not, to arrange proper proceedings for the vacation. Subsequent to this petition a section of alley at the location was also found not to be vacated. The petitioners were informed and through their letter of March 4th they request both the vacation of Tower Street and alley. I am enclosing a copy of a let- ter from Mr. White which indi- cates that the street and alley have not been previously vacated. I recommend that the street and alley not be vaated until the effects of the use of the land on the surrounding area can be de- termined. Further, I would suggest that the petitioner make an offer for Special Session, March 1.7, 1975 113 the payment of the land if the i street and a11Gilbert Dare a Chavenelle City Manager Claude March, on behalf of Fischer Companies, addressed the Council in reference to the com- munication of the City Manager. Mayor Justmann moved that the communication be referred to the City Manager, Dock Commission and Council. Seconded by Council- man Thorns. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Notice of Claim of Lucille A. Suess, in an undetermined amount, for personal injuries received in a fall on an ice covered sidewalk at Loras & Alta Vista Sts. on Feb- ruary 28, 1975, presented and read. Councilman Lundh moved that the notice of claim be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Notice of Claim of Mary M. Spielman, in an undetermined amount, for personal injuries in- curred as the result of a fall on an ice covered sidewalk at 131 N. Grandview Ave, on March 5, 1975, presented and read. Councilman Lundh moved that the notice of claim be referred to the City So- licitor for proper proceedings. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Notice of Claim for labor and material, in the amount of $51,756.68, by Giese Sheet Metal Co. furnished on the Waste Water Treatment Plant to Goerdt Con. struction Company, presented and read. Councilman Lundh moved that the notice of claim be re- ferred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Notice of Suit of George R. Ditt- mar vs. William Fessler, Michael Sand, Harold Brown, James Dra- peau and the City of Dubuque, in the amount of $75,000, as the re- sult of bodily injuries incurred during the process of arrest on '.March 9, 1975, presented and read. Councilman Lundh moved that the notice of suit be referred to the City Snlicitor for proper pro- ceedings. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays -.-None. Motion by Mayor Justmann re- questing to issue warrants for the arrest of parking violators who have 8 or more unpaid parking tickets outstanding was With- drawn. Petition of Cheri Roth et al (42 letters), teenagers from Holy Trin- ity School, requesting a girl's cen- ter such as G.A.I.N., presented and read. Councilman Thorns moved that the petition be referred to the Department of Community De- velopment. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Petition of Dubuque Area Legal Services Agency to discuss a pro. posal for Legal Services, present. ed and read. James Reynolds ad- dressed the Council stating the Agency is down to 90 day funding and requesting financial assist- ance be given them by the City. Mayor Justmann moved that the petition be referred to the City Manager and Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Dubuque Lumber Co. requesting transfer of title to a portion of Front Street abutting Lots 18, 19 and 20 not needed for floodwall, to build a warehouse, presented and read. Councilman Stackis moved that the petition be referred to the City Manager, En- gineering Department and Dock Commission. Seconded by Council- 114 Special Session, March 1.7, 1975 man Thome. Carried by the fol- Yens ---Mayor Justmann. Council, lowing vote: men Brady, Lundh, Stackis, Thorns. Yeas --Mayor Justmann, Council- Nays—None. men Brady, Lundh, Stackis, Thorns. RESOLUTION NO. 67.75 Nays --None. WHEREAS, Gantz Enterprises, Petition of John J. Stecher re- a partnership composed of John J. questing natural gas service to a Gantz, John J. Gantt, Jr., James home at 1676 Marmora Street, pre- P Gantz, Charles J. Gantz and rented and read. Councilman Mary Spensley, have executed a Stackis moved that the petition be Warranty Deed conveying to the received and filed. Seconded by City of Dubuque, Iowa, the follow - Councilman Thoms. Carried by theI ing described real estate: following vote: The North East Y4 of the South Yeas—Mayor Justmann, Council- East ':a of Section 1 Township East men Brady, Lundh, Stackis, Thorns. North, Range 1 East of the Nays—None. 5th P.M., in Vernon Township, Petition of Mrs. Adele Fens re- Dubuque County, Iowa, accord - questing a refund of X25, on the ! ing to Government Survey, unexpired portion of Cigarette Li- containing forty (40) acres, said cense No, 453, as she discontinued Deed being dated the 12th day of business on March 6, 1975, pre- 1 11 March, 1975; and rented and read. Councilman WHEREAS, the City of Dubuque Thoms moved that the refund be ; has paid the sum of $30,000.00 approved and the City Auditor di- I therefor; and rected to issue proper warrant. WHEREAS, said real estate is Seconded by Councilman Lundh. acquired for landfill purposes. Carried by the following vote: NOW THEREFORE BE IT RE- Yeas—Mayor Justmann, Council- SOLVED by the City Council, City men Brady, Lundh, Stackis, Thoms, i of Dubuque, Iowa: Nays—None. Section 1: That the delivery of March 12, 1975 Warranty Deed dated March 12, Honorable Mayor and ' 1975 by John J. Gantt, John J. City Council 1 Gantz, Jr., James P. Gantz, Charles You will recall that on the 31st J. Gantz and Mary Spensley, as a day of October, 1974, Sheriff's partnership under the name of Jury made return in the Eminent i Gantz Enterprises be and the same Domain Proceedings instituted by is hereby accepted. the City of Dubuque against section 2: The City Clerk be Gantt Enterprises, copy of which and he is hereby directed and au - petition is hereto attached. I thorucd to cause said Warranty Thereafter, Gantt Enterprises, a Deed to be filed of record in the partnership composed of John I office of the Recorder in and for Gants, John J. Gantz, Jr., James Dubuque County, Iowa. P. Gantz, Charles J. Gantz, and Mary Spensley, filed appeal in the Section 3: That the City Clerk I District Court of Dubuque County, i be and he is hereby directed to Iowa, which has been pending transmit a certified copy of this since the 27th day of November, Resolution to the Dubuque Coun- 1974. ty Assessor and to the City As - That on the 12th day of March, sessor. Passed, adopted and approved 1975, Gantz Enterprises and each of the partners thereto filed Dis- this 17th day of March, 1975. missal of Appeal with Prejudice at C. Robert Justmann their costs and the costs have Mayor Alvin E. Lundh been paid, This finally completes the ac- Emil Stackis quisition of the landfill area. James E. Brady R. N. Russo Allan T. Thorns City Attorney Councilmen Mayor Justmann moved that the Attest: Leo F. Frommelt communication be received and City Clerk filed. Seconded by Councilman Thoms. Carried by the following Mayor Justmann moved adop- vote; tion of the resolution. Seconded Special Session, March 17, 1975 115 by Councilman Thorns, Carried by the following vote: Yeas—Mayor Justmann. Council- men Brady, Lundh, Stackis, Thorns. Nays—None. March 13, 1975 Honorable Mayor and City Council This is to advise that Mr. Jo- seph Zwack, my assistant. City At- torney, has resigned effective March 15, 1975 by reason of the demands of his private practice. I recommend to your Honorable Body that Barry A. Lindahl, at- torney at law, be appointed as As- sistant City Attorney, commencing August 1, 1975. Air. Lindahl is presently an in. of law at the University of Iowa and has established an en- ` viable record for himself. A res- ume is attached hereto. I herewith respectfully ask your Honorable Body to appoint Barry A. Lindahl assistant City Attor- ney commencing August 1, 1975 and appropriate Resolution is hereto attached, R. N. Russo i City Attorney Councilman Lundh moved that the communication he received and filed and recommendation be approved. Seconded by Council- man Thorns. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays.—None. RESOLUTION NO. 68-75 WHEREAS, Joseph I'. Zwack has heretofore been appointed As- sistant City Attorney; and WIIERF.AS, the said Joseph P. Zwack has tendered his resigna- tion effective the 15th day of March, 1975, by reason of the press of his private business af- fairs; and WHEREAS, Barry A. Lindahl has applied for the position of Assistant City Attorney through the City Attorney. NOW THEREFORE BE IT RE- SOLVED by the City Council, City Of Dubuque, Iowa; Section 1: That the resignation of Joseph P. Zwack as Assistant City Attorney be and the same is hereby accepted effective the 15th day of March, 1975. Section 2: That Barry A. Lin- dahl, Attorney -at -Law, be and he is hereby appointed Assistant City Attorney, for the City of Dubuque, Iowa, commencing the first day of August, 1975, at an annual salary of $7,368.00. Passed, approved and adopted this 17th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest; Leo F, Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh. Stackis, Thoms. Naya—None. RESOLUTION NO. 69.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Lawrence E. and Ethel M. Schwartz, 500 Rhomberg Avenue CLASS "C" BEER PERMIT Earl Edmund Schumacher, Oky Doky Food #5, 2204 Central Avenue Passed, adopted and approved this 17th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Lea F. Frommeit City Clerk Councilman Thorns moved adop tion of the resolution. Seconded by Councilman Stackis. Carried by the following; vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. 11.6 Special Session, March 17, 1975 RESOLUTION NO. 70.75 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 Lawrence E. & Ethel M. Schwartz, 500 Rhomberg Avenue CLASS "C" BEER PERMIT Earl Edmund Schumacher, Oky Doky Foods #5, 2204 Central Avenue Passed, adopted and approved this 17th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. RESOLUTION NO. 71.75 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 LICENSE Fraternal Order of Eagles #568, 1175 Century Drive Kathleen L. Wedig, Kay's Tap, 1399 Jackson Street Alice Erschen, Benny's Steak House (Sunday Sales), 2617 Uni. versity Avenue Passed, adopted and approved this 17th day of March 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis .lames E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman 1 horns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by tho following cote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. RESOLUTION NO. 72-75 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 Slate Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOL.VED 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 Fraternal Order of Eagles #568, 1175 Century Drive Kathleen L. Wedig, Kay's Tap, 1399 Jackson Street Alice Erschen, Benny's Steak House (Sunday Sales), 2617 Uni- versity Avenue Passed, adopted and approved this 17th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Special Session, March 17, 1975 117 Councilman Stackis, Carried by the following vote: Yeas — Mayor justmaLundh nn,CooStackis, cilmen Brady, Thoms. Nays — None. There being no further business, Mayor Justmann moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Stackis, Thoms. Nays — None. Leo F. Frommelt City Clerk Approved May 5, 1975 Adopted May 5, 1975 118 Adiourned Special Session, March 24, 1975 CITY COUNCIL OFFICIAL Adiourned Special S e s s i o n, March 24, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor JustmLundhan , Coun- cilmen Brady, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been daily made and this meeting ADJOURNEDis AN MEETING OF THE SPECIAL MEETING OF MARCH 10, 1975, FOR THE PUR- POSE OF CONSIDERING THE PUBLIC HEARING ON THE BUDGET ESTIMATE OF EXPEND- ITURES FROM JULY actin up On JUNE 30, ' and such other business as may prop- perly come before a regular meet, ing of the Council. Petition of Dale Walbrun et al (160 signers) being opposed to an increase in property taxes, also the 3217, increase for water, sewage and refuse pick-up, presented and read. Councilman Thorns moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Petition of Dubuque Casket Co. et al, objecting to diverters for the Washington Street Neighbor. hood because the City already is faced with a proposed millage in- crease, presented and read. Coun- cilman Thoms moved that the peti- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Petition of Mrs. Mary L. Macker objecting to busses being taken off in the summertime, presented and read. Councilman Thoms moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis. Thoms. Nays — None. Petition of Mrs. .lack Plowman objecting to the removal of busses in the summertime, presented and read. Councilman Thoms moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Peas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Petition of Mrs. George Ries ob- jecting to the removal.of busses in the summertime, presented and read. Councilman Thoms moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilman Brady, Lundh. Stackis. Thoms. Nays — None. Petition of Maura Collins ob- jecting to the removal of busses in the summertime, presented and read. Councilman Thoms moved that the petition be received and filed. Seconded by Councilman Brady- Carried by the followin, vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Petition of Dubuque Homebuild. ers & Associates objecting to the proposal to eliminate the addition- al building inspector, presented and read. Councilman Thoms mov- ed that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays — None. Petition of Dubuque County Re- p u b l i c a n Central Committee recommending that every effort possible be exercised to control city expanding programs to keep the budget within the current mill age rates, presented and read. Councilman Thoms moved that the petition be received and filed. See onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Stackis. Thoms. Nays --- None. Adjourned Special Session, March 24, 1975 119 Councilman Stackis moved to suspend the rules to let anyone present address the Courcil if they so desire. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. John Waltz addressed the Coun- cil and submitted a petition re- questing funds for diverters and traffic lights in the Washington Street Area. Councilman Thoms moved that the petition be re- ceived and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Vernon Behnke addressed the Council recommending $100,000. should be used to pay off the Ur- ban Renewal debt. Rose Marie Montgomery submitted a petition with 1703 signatures requesting funds to establish a girls' recrea- tion center (GAIN). Councilman Brady moved that the petition be received and filed and referred to the Community Development group. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Stackis, Thoms. Nays — None. Communication of Chamber of Commerce was submitted by Ilar- vey Schmitt. Vice -President, repre- senting the chamber's budget rec- ommendations. Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun cilmon Brady, Lundh, Stackis, Thoms. Nays — None. Paul Milbrandt of Dubuque Casket Co. addressed the Council asking Council to consider their suggestions on diverters. Communication of State Comp- troller advising that for certifica- tions filed after March 171h, it is appropriate to attach statement as to the reason for failing to meet the deadline, presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Councilman Lundh moved to cut the Tax Asking by $225,000. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. RESOLUTION NO. 73.75 1VIIEREAS, the City Council of the City of Dubuque, Iowa, caused to be prepared and published as provided by law, the Budget Ex- penditures for the extended period July 1, 1975 to June 30, 1976, and the hearing upon said budget esti- mate was fixed for March 10, 1975 at 7:30 o'clock P.M. and adjourned to March 24, 1975 at 7:30 o'clock P.M. in the Council Chamber, at the City Hall; and WHEREAS, this being the time and place for said hearing said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the budget estimate of ex- penditures for the extended period July 1, 1975 to .Tune 30, 1976, here- tofore prepared and published be and the same is hereby finally ad- opted and approved, as amended, and the Mayor and Clerk are di- rected to certify the same to the County Auditor of Dubuque Coun- ty, Iowa, together with a verified proof of publication and the notice of hearing upon said Budget Esti- mate. 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 Esti- mate. 120 Adiourned Special Session, March 24, 1975 Passed, adopted and approved growth, presented and read. Coun. this 24th day of March 1975. cilman Stackis moved that the C. Robert Justmann communication be received and fil- Mayor ed. Seconded by Mayor Justmann. Alvin E. Lundh Carried by the following vote: Emil Stackis Yeas — Mayor Justmann, Coun. James E. Brady cilmen Brady, Lundh, Stackis, Allan T. Thoms Thorns. Councilmen Nays — None. Attest: IMarch 17, 1975 Leo F. Frommelt Honorable Mayor City Clerk I and City Council Councilman Stackis moved adop- I hereby submit the reports of tion of the resolution. Seconded by the Finance Director, Treasurer, Councilman Lundh. Carried by the health Department, Water Super - following vote: intendent, and a list of claims Yeas — Mayor Justmann, Coun- paid, for the month of February cilmen Brady, Lundh, Stackis, ; 1975. Thorns. Gilbert D. Chavenelle Nays — None. City Manager Communication of Airport Com- Councilman Stackis moved that mission submitting the minutes of the communication be received their meeting of March 13, 1975, 1 and filed. Seconded by Mayor presented and read. Councilman 1 Justmann. Carried by the follow- Stackis moved that the minutes be ing vote: received and filed. Seconded by f yeas — Mayor Justmann, Coun- Councilman Lundh. Carried by the 1 cilmen Brady, Lundh, Stackis, following vote: Thorns. Yeas — Mayor Justmann, Coun- Nays — None. cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Communication of Low Rent Housing Commission submitting the minutes of their meeting of March 1$, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Communication of Army Corps of Engineers advising of a flood coordination seminar to be held in Rock Island on March 27, 1975, presented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Communication of Dubuque County Democratic Central Com- mittee submitting a resolution urg- ing the several municipalities in Dubuque County to adopt a formal annexation policy for their future March 17, 1975 Honorable Mayor and City Council 1 hereby submit the City of Du- buque Parking Facilities and Mu- nicipal Sewage Disposal Works and Facilities audit reports for the year ending December 31, 1974. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. March 20, 1975 Honorable Mayor and Members of the City Council I have approved the following sidewalk construction bond con- tinuation certificates and general Liability policies and desire to have your approval on same for filing. SIDEWALK CONSTRUCTION BONDS CONTINUATION CERTIFICATES lleitzman Construction Co. Univer- sal Surety Co. Bond No. 932726 $1,000 to April 30, 1976. Adjourned Special Session, March 24, 1975 121 M. P. Kluck & Sons Inc. U.S. Fidel- ity & Guaranty Co. Bond No. 28214-13-624-53, $1,000 to April 8, 1976. J, W. Hanson Construction Co. Midwestern Casualty & Surety Co. Bond No. 29413, $1,000 to April 27, 1976. Edward Apel, Midwestern Casualty & Surety Co. Bond No. 29418 $1,000 to April 29, 1976. GENERAL LIABILITY POLICIES Higley Meyer Electric Co. & H -M Distributing Co. Policy No. WC 510565 Workmen's Comp, and policy No. Ga 769528 General Liability to April 15, 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that filing be approved subject to the approval of the City Solicitor. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Stackis. Thorns. Nays — None. Notice of Claim of Carl D. Eng - ling, in an undetermined amount• for car damages incurred as the result of driving into a hole in the street at 1300 J.F.K. Road on March 19, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. March 21, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a Public hearing on a petition on be- half of Clinton Federal Savings and Loan Association to reclassify the present Elks' Club property from Multiple Residence District to Business District classification. The property is legally described as City Lot 623 and City Lot 624 in the City of Dubuque, Iowa, and oc- cupy the northwest corner of the intersection of Seventh and Locust Streets. You should note by the attached sketch that most of the property on the F.lk's Club block is now used for commercial purposes, al. though the southerly portion of that block remains in the Multiple Residence classification. Properties on the northerly portion of the block, and all properties eastward on Locust Street are now in the Business Ilist.rict. It is the view of the Planning and Zoning Commis- sion that the expansion of the Business District to include the property described above is ap. propriate at this time. The Commission received no oral or written objection to the peti. tion. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thorns moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thorns. 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", so as to change City Lot 623 and City Lot 624 in the City of Dubuque, Iowa, from "Multiple Residence District' Class- ification to "Business District" Classification, presented and read. Councilman Thorns 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 Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Councilman Thorns 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 Justmann, Coun- cihnen Brady, Lindh, Stackis, Thorns. Nays — None. Councilman Thorns moved that a public hearing be held on the Ord- inance on April 21, 1975, at 7:30 o'clock P.M. in the Council Cham - her at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the 122 Adjourned Special Session, March 24, 1975 manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Veteto of Area Petition of Peggy Residential Care requesting per- mission to address the Council on the subject of Project PACE, pre- sented and read. Peggy Veteto, representing PACE, addressed the Council ex- plaining the functions of their or- ganization. Mayor Justmann moved Veteto that the petition of Peggy be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Petition of Dubuque Sports Un- limited Inc., requesting permission to sell Dubuque Packer Fan Club Cards and buttons in Town Clock Square on April 12th, presented and read. Councilman Lundh mov. ed that the petition be approved subject to the approval of the City Manager. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Petition of Dubuque Beautifica- tion Committee requesting permis- sion to solicit funds, material and manpower to meet the goals of "Beautify Dubuque Week" and "Beautify Dubuque Month", pre- sented and read. Harry Neustadt and Bob Day addressed the Council requesting the entire months of April and May be for beautification. Mayor Justmann moved that the petition of the Dubuque Beau- tification Committee be approved subject to the coordination of the City Manager. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. RESOLUTION NO. 74-75 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 Cigar. ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Ronald J. Fens, Ron 's Barrell Tap, 1121 University Avenue Passed, adopted and approved this 24th day of March 1978. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. RESOLUTION NO. 75.75 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 com- pliance with the terms of the Ord- inances of the City. CLASS "B" BEER PERMIT St. Patrick's Parish Corporation, Sunday Sales, 1425 Iowa Street CLASS "C" BEER PERMIT Joseph Richard Lenger, Grandview Drug Co., 486 North Grandview Albert Heinz, OKY DOKY #7. 3301 Pennsylvania Avenue Passed, adopted and approved this 24th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop• tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays — Councilman Brady. Adjourned Special Session, RESOLUTION NO. 76.75 March 24, 1975 123 Pete S. Sfikas, Karigans Restaurant WHEREAS, applications for Beer (Sunday Sales ONLY), 401 Cen. permits were filed by the within tral Avenue named applicants and they have George D. & Mary Lou Sorensen, the approval of this Coun- Cardinal Tap, 1105 University received cil; and Avenue WHEREAS, the premises to be Passed, adopted and approved occupied by such applicants were this 24th day of March 1975. inspected and found to comply C. Robert Justmann with the Ordinances of this City Mayor and they have filed proper bonds; Alvin E. Lundh NOW THEREFORE BE IT RE- Emil Stackis SOLVED by the City Council of James E. Brady the City of Dubuque, Iowa, that Allan T, Thorns the Manager be authorized to Councilmen cause to be issued to the follow- Attest: ing named applicants a Beer Per- Leo IF. Frommelt mit. City Clerk CLASS "B" BEER PERMIT Councilman Thorns moved adop- St. Patricks Parish Corporation, tion of the malation. Seconded by Sunday Sales, 1425 Iowa Street Councilman Stackis. Carried by the following vote: CLASS "C" BEER PERMIT Yeas — Mayor Justmann, Coun- Joseph Richard Lenger, Grandview cilmen Brady, Lundh, Stackis, Drug Co., 486 North Grandview Thorns. Avenue Nays = None. Albert Heinz, Oky Doky *7. 3301 Pennsylvania Avenue RESOLUTION NO. 78-75 Passed, adopted and approved WHEREAS, applications for Liq- this 24th day of March 1975. uor Lin easas were filed by the C. Robert Justmann within named applicants and they Mayor have received the approval of this Alvin E. Lundh Council, and, Emil Stackis WHEREAS, the premises to be Allan T. Thorns occupied by such applicants were Councilmen inspected and found to comply Attest: with the State Law and all City Leo F. Frommelt Ordinances relevant thereto and City Clerk they have filed proper bonds, Councilman Thorns moved adup• NOW THEREFORE BE IT RE- tion of the resolution. Seconded by SOLVED by the City Council Of Councilman Stackis. Carried by the Dubuque, Iowa, that the Manager 'following vote: be authorized to cause to be is. Yeas — Mayor Justmann, Coun• sued to the following named ap- cilmen Lundh, Stackis, Thorns. plicants a Liquor License. Nays — Councilman Brady. CLASS "C" (COMMERCIAL) RESOLUTION NO. 77.75 BEER AND LIQUOR LICENSE WHEREAS, applications for Liq- Mary Kathryn Ford, -C Tap, uor Licenses have been submitted AvenStoP-ue 1027 Rh Avenue to this Council for approval and Pete S. fikas, the same have been examined, alesKariN ), 40- rant (Sunday Sales ONLY), 401 (Sunday NOW THEREFORE BE IT RE- Central Avenue SOLVED by the City Council of George D. & Mary Lou Sorensen, the City of Dubuque, Iowa, that Cardinal Tap, 1105 University the following applications be ap- Avenue proved and licenses issued upon Passed, adopted and approved the compliance with the provi- this 24th day of March 1975. sions of Chapter 131, Acts of the C. Robert Justmann First Regular Session, 64th General Mayor Assembly. Alvin E. Lundh CLASS "C" (COMMERCIAL) BEER Emil Stackis AND LIQUOR LICENSE James E. Brady Mary Kathryn Ford, Stop-N-(' Tap. Allan T. Thorns 1027 Rhomberg Avenue Councilmen 1,24 Adjourned Special Session, March 24, 1975 Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: yeas.—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays ---None. There being no further business, Councilman I.undh moved to ad- journ. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk May ,......... 1975. Approved May 5, 1975 Adopted May 5, 1975 Special Session, March 25, 1975 CITY COUNCIL OFFICIAL Special Session, March 25, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Stack - is, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of APPROVING A COMMUNITY DE- VELOPMENT BLOCK GRANT AP- PLICATION and acting upon such other business as may properly come before a regular meeting of the Council. Councilman Brady moved to re- consider the Budget vote of last evening, March 24, 1975. Seconded by Mayor Justmann. Vote on mo- tion was as follows: Yeas — Mayor Justmann, Coun- cilman Brady. Nays — Councilmen Lundh, Stackis, Thoms. MOTION FAILED. The Council reviewed a sum- mary of proposed activities for the Community Development Block Grant, first year 7/76 to 7/77. Councilman Thoms moved that the rules be suspended to let any- one present address the Council if they so desire. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Mr. Dick Vorwald and Dick Al. bert of the North End Commun- ity development group addressed the Council by questioning the legality of money allocated to G.A.I.N, from the standpoint of i discrimination. Rosemarie Mont- i gomery and Rev. Marvin Bries stated that they are confident that a good job could be done for G.A.I.N. Mary Billington and Mrs. Schiessel stated that they need a facility for the 3rd and 4th F street neighborhood. Attorneys James Reynolds and Paul Kemp - ler expressed wonderment if we have a plan and do we know where we are going. Neighborhood con- cept plan should be really put 125 together. The summary of pro- posed activities for the Commun- ity Block Grant as submitted was as follows: Urban Renewal Land Purchases $50,000; Parking Lot and entranceway to make Loras College indoor swimming Facility available to the Public $21,000; G.A.I.N. Personnel $18,000 Rent etc $12,000, Equipment $5,000 To- tal $35,000; Neighborhood Devel- opment - Rehabilitation specialist. $15,000 Loans $40,000, Total $55,000; Neighborhood Develop- ment Planner $15,000; Improve- ment Program $50,000; Assistant Neighborhood Organization Spe- cialist $4,000; Legal Aide $5,000; Administration Clerk -Typist $2,000; Supplies and Services $4,000 for a grand total of $241,000. RESOLUTION NO. 79-75 AUTIiORIZING THE FILING OF AN APPLICATION FOR A COM- MUNITY DEVELOPMENT BLOCK GRANT FOR THE CITY OF DUBUQUE WHEREAS, the City of Dubuque is entitled to certain funds under the Community Development Block Grant Program authorized under Title I of the Housing and Com- munity Development Act of 1974; and WHEREAS, the regulations gov- erning the use of such funds re- quires that an application be sub- mitted which conforms to criteria prescribed by the United States llepartment of Housing and Urban L)evelopment; and WHEREAS, such an application has been prepared and the items contained therein are in the best interests of the City of Dubuque; now therefore BE IT RESOLVED BY THE PITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1, That an application on behalf of the City of Dubuque for a Community Development Block Grant under Title I of the llousing and Community Develop- ment Act of 1974 is hereby ap- proved, and that the Mayor of the City of Dubuque is hereby author- ized and directed to execute such an application for submission to the united States Department of Housing and Urban Development. 126 Special Session, March 25, 1975 Passed, adopted and approved this 25th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None, Councilman Thorns moved to re- consider the former motion on the budget. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Councilman Thorns moved that the tax asking be reduced by 2 mills --+256,319 as an amplification of direction to the City Manager at the Council meeting of March 24, 1975. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. There being no further business Councilman Brady moved to ad- journ. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Leo F. Frommelt, City Clerk Approved May K' .1975 May 5V ed....................................1975. Councilmen City Clerk Regular Session, April 7, 1975 127 CITY COUNCIL OFFICIAL Regular Session, April 7, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Absent—.Councilman Lundh. Mayor Justmann 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. Communication of Citizens Ad- visory Commission submitting min- utes of their meeting of March 25, 1975, presented and read. Coun- cilman Stackis moved that the minutes be received and filed. Seconded by Mayor Justmann. Car. ried by the following vote: Yeas—Mayor Justmann, council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Board of Dock Commissioners submitting the min- utes of their meetings of February 12, March 12 & March 20, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent ---Councilman Lundh. Communication of Board of Dock Commissioners submitting letters from City Engineer giving a resume of the construction of a grain silo by Thruput Terminals that the silos be left empty during periods of 25' river stage, however they feel the recommendation is not strin- gent enough, presented and read. Mayor Justmann moved that the City Attorney be instructed to draw up a resolution holding the City harmless in the event of failure Of flood wall due to construction bi Thruput and to make them liable. Seconded by Councilman Brady. Vote on the Motion was as follows: Yeas --Mayor Justmann, Council- man Brady. Nays — Councilmen Stackis, Thoms. Absent—Councilman Lundh. Communication of Walter Pregler recommending beautification of median strip in Kerper Blvd. as suggested by Mr. Walter Johnson of Thermolyne sometime ago, pre- sented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Dubuque Hu- man Rights Commission submitting minutes of their meeting of March 13, 1975, presented and read. Coun- cilman Thoms moved that the min- utes be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Human Rights Commission submitting a status statement on Matt Lorenz relative to his involvement in Guideline Inc., presented and read. Council- man Thoms moved that the com- munication be received and filed. Seconded by Mayor Justmann. Car. ried by the following vote: Yeas—Mayor Justmann, Council- man Brady, Stackis, Thoms. Nays --None. Absent—Councilman Lundh. Copy of communication of East Central Intergovernmental Ass'n. submitted to David 0. Meeker Jr, of HL1D relative to problems ema- nating from distribution of funds under Title 1 of the Housing & Community Development Act, pre- sented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Planning & Zoning Commission submitting min- 128 Regular Session, April 7, 1975 utes of their meeting of March 19, 1975, presented and read. Council- man Thoms moved that the minutes be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None, Absent Councilman Lundh. Mayor Justmann further moved that. the Planning & Zoning taff be instructed to indicate the Coun- cil's wishes as being opposed the proposed Tschiggfrie Zoning on Julien Dubuque Drive. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Paul Russo extending congratulations on mak- ing the Loras Pool possible to the general public, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms, Nays—None. Absent—Councilman Lundh. Communication of Delos A. Dor- weiler again submitting his plans relative to Lot 10 Block 3 of Mettel Link Addn. on corner of Kennedy & Carter and requesting for FRA approval under Title 8 program, presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Just. mann. Carried by the following vote: Yeas—Mayor Justmann, Council men Brady, Stackis, Thoms. Nays—None. Absent– .Councilman Lundh. Councilman Brady further move( that Mr. Gent Wittenberg be di rested to correspond with Mr. Dor weiler advising of no change ii the matter at the present time Seconded by Councilman Stackis Carried by the following vote: Yeas—Mayor Justmann, Counci men Brady, Stackis, Thoms. Nays—None. Absent.—Councilman Lundh. Communication of U.S. Army 'ores of Engineers advising of re- ceipt of application from John Deere Dubuque Works to dredge ippros. 70,000 cubic yards material from their intake and discharge channels, also to dredge along ,hore line of the river which would provide better access for boaters and improve wild life habi- tat, presented and read. Council. man Thoms moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vole: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Ab_ecnt---Councilman Lundh. Communication of U. S. Army Corps of Engineers submitting a flood plan information report for the Mississippi River which would be useful in future planning, pre- sented and read. Councilman Thoms moved that the communica- tion be received and filed. Second. ed by Councilmnn Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Playground & Recreation Commission submit- ting minutes of their meeting of March 10, 1975, presented and read. Councilman Thoms moved that the minutes be, received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Councilman Stackis further mov. ed that the Playground & Recrea- tion Commission reconsider the matter of Women's Recreation Ass'n. as to the use of softball dia- monds. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Dubuque Coun- ty Republican Central Committee urging the merger of the Park & Recreation Departments, present, Regular Session, April 7, 1975 129 ed and read. Councilman Thoms moved that the communication be received and filed and referred to the Advisory Commission, Park Board and Recreation Department. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays --None. Absent—Councilman Lundh. Communication of Department of Health, Education & Welfare advising of participation with HL1D in implementation of Housing & Community Development. Act which provides some funds that may be used for public services, such as law enforcement, day care, health, education and social serv- ices, however applicant must first explore whether or not funds are available through other Federal agencies, presented and read. Councilman Thoms moved that the communication be received and filed and referred to the City Manager, Community Development and Council. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas --Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of DOT Federal Aviation Administration advising of a proposed heliport for Mercy Medical Center and inviting in- terested persons for comments prior to April 28, 1975, present- ed and read. Councilman Thoms moved that the communication be received and filed and referred to the City Manager and Council for reconsideration on April 21, 1975. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—.Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of City Engineer White submitting an Intergovern- mental Agreement for the creation of the Dubuque Metropolitan Solid Waste Agency and requesting that a date and time for a workshop be set on the issue, presented and read. Councilman Thoms moved that the communication be received and filed and workshop be set for April 10, 1975 at 7:30 o'clock Y.M. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. March 24, 1975 Honorable Mayor and Members of the City Council We hereby certify a reserve second list of ten persons next highest in standing of Bus Driv- ers in the City Transit Depart. ment. The first list of persons has been exhausted from the Bus Driver exam conducted on Octo- ber 9, 1973. Schmidt, Patrick J . ...............82% Kieffer. Donald .J . ....................8o% Curran, Jerry P . ......................80% Hefidington, Michael J. ........800 Odell, Gary C . ..........................80% Sullivan, .James A . ................Sohn Evans, Joseph R . ....................78%n Graves, William F . ..................78%'0 Smith, Ross C . ......................78% Gavin, Charles M .....................76% Marvin A. VanSickle Chairman Sr. Carolvn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to be- fore me this 26 day of March 1975. Z. D. Hantelmann Notary Public Mayor Justmann moved that the communication be received and filed and made a matter of rec- ord. Seconded by Councilman Stackis, Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Proof of Publication, certified to by the Publisher, of Statement of Receipt and Disbursements and List of Claims for February, 1975, presented and read. Mayor Just - mann moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. 130 Regular Session, April 7, 1975 April 3, 1975 Honorable Mayor and Members of the City Council. I have approved the sidewalk bond continuation certificate of William Spiegel, renewed to 4.10- 76, Bond No. 08-00121, and de- sire to have your approval of same. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed and approved subject to the approval of the City Solicitor. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of Finance Di- rector submitting 1974 Annual Fi. nance Report presented and read. Mayor Justmann moved that the report be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays --None. Absent—Counciiman Lundh. Notice of Claim of Richard S. Fuerst, in the amount of $153.41, for personal injuries received in a fall and time loss, on a sidewalk on Garfield Ave. on February 15, 1975, presented and read. Coun- cilman Thom, moved that the notice of claim be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Notice of Claim of Diane Cook, in an undetermined amount, for car damage incurred as the result of driving into a chuckhole in the street at J.F.K. Road at the DoNut Hut on March 19, 1975, present- ed and read. Councilman Thoms moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Stackis, Thoms, Nays—None. Absent --Councilman Lundh. Notice of U.S. District. Court in re: A-1 Plumbing Cooling & Heat- ing Co., Bankruptcy No, B 75.1012, order for first meeting of credi. tors and fixing time for filing ob- jections, presented and read. Coun. cilman Thoms moved that the no- tice of U.S. District Court be re• ferred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas --Mayor Justmann, Council. men Brady, Stackis, Thorns, Nays—None. Absent—Councilman Lundh, Notice of Claim of Frederick Cole, in an undetermined amount, for personal injuries, received in a fall on an ice covered sidewalk at the southeast corner of inter- section of 13th Street and an alley west of Jackson Street, on March 4, 1975, presented and read. Councilman Thoms moved that the notice of claim be referred to the City Solicitor for proper pro. ceedings. Seconded by Mayor Just. mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. March 27, 1975 Honorable Mayor and City Council On October 11, 1974, claim was filed against the City of Dubuque by Sheila Konrardy, 1504 Jackson Street, Dubuque, claiming she in- jured her left wrist on October 6, 1974, as the result of a fall oc- curring on said date as the result of the curb breaking off as she stepped onto it at or near 1530 Jackson Street. This matter was referred to the City Attorney who has made an investigation thereof and has con- ferred with the claimant and finds that she pulled a tendon in said wrist and claims $575.92 as loss of wages. Claimant has made an offer of settlement of said claim in the amount of $200.00, and it is the recommendation of the City Attorney that said offer of settle- ment be accepted and the City Auditor be instructed to draw war. rant payable to Sheila Konrardy in the amount of $200.00 and trans- mit same to the City Attorney for Regular Session, April 7, 1975 131 delivery upon receipt of duly ex- ecuted releases. Original claim is returned here- with, R. N. Russo City Attorney Councilman Thoms moved that the recommendation of settlement be approved and City Auditor di- rected to issue proper warrant. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Absent—Councilman Lundh. March 28. 1975 Hnnorable Mayor and City Council On February 7, 1975, the Du- buque County Board of Supervisors dire^teri a communication to your Honorable Body suggesting that the Dubuque Law Enforcement Center be turned over to the County -City Authority who would then assume the responsbility for the maintenance, upkeep, repairs, "etc." of the building, and also be responsible for the monthly bill- ing to the City and County of their proportionate shares of ex- penses necessary to facilitate the above mentioned items. This communication from the Board of Supervisors was referred to the City Attorney who has made an investigation of this matter and herewith submits his report. On the 12th day of ,lune, 1972, the Dubuque County and the City of Dubuque entered into an agree- ment which provided that it would be for a period of twenty-five (25) years or until it was modified or abrogated by mutual consent of the County and City. That said contract further pro- vides that no separate legal entity is created by said agreement but that said agreement establishes a joint -ownership and operation of the County -City Law Enforcement Center Building, under and pursu- ant to Sections 368.18 to 368.23 of Chapter 368 of the 1971 Code of Iowa, and that the building would be administered by the Board of Supervisors of the County and the City Council of the City. Contract further provides that the operation and maintenance of said building shall be by the Board of Supervisors and the cost of heat, light, water, and repair and jani- torial services shall be paid for by the County, who shall bill the City of Dubuque monthly for its share of same, and same shall be paid promptly, and that no repairs or renovations or changes in the com- pleted structure shall be made which costs are in excess of $500.00 without first securing the written consent of the City Manager of the City of Dubuque, Iowa. In examining the respective sta- tutes, I find no legal authority for the transfer of the contracted re- sponsibilities pursuant to statute to the County -City Authority. While it is true that the County- City ountyCity Authority has broad statutory powers, those powers are framed within the definitive provisions of the statute, to -wit, Sections 368.54 to 368.73, inclusive, the joint effort of the County -City relating to the Law Enforcement Center was undertaken under the provisions of Section 368.18 to 368.23, inclusive. It is my opinion that while the respective entities may have simi- lar duties and responsibilities, I find no legal authority for the interchangeability of the duties prescribed by statute relating to the County and to the City as being permitted to be assigned or assignable to the County -City Authority. I have communicated with the bonding attorneys for both the City and the County and the bond issue in connection with the Joint Law Enforcement Center, and they generally concur with this opinion to the specific end that they find no statutory authority which specifically authorizes the City and the County to turn over their tax money to an Authority, which would be the case in this instance. I believe that the City Council should also consider another facet to this case, and that is the fact that the agreement between the City and County was made a mat- ter of record prior to the election that was submitted to the elector, ate, and what repercussions from the electorate one may invite by varying from what has been tend- ered and represented to the elee- torate is a matter of speculation and yet should be some cause for concern. 132 Regular Session, April 7, 1975 In conclusion therefore, in view of the fact that I find no statutory for such a move and in view of the fact that it is my opinion that any legal challenge to such a move could be successfully main- tained, I respectfully submit to your Honorable Body that you not approve such assignment. R. N. Russo City Attorney Councilman Thom', moved that the communication be received and filed and approved and Noti- fication of Action be sent to the County Board of Supervisors. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Absent—Councilman Lundh. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to amend Zoning Or- dinance No. 3-34, so as to change certain property in Terrace Heights Sub. from Multiple to Local Busi- ness "B" District Classification, presented and read. No written ob- jections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing, Mayor Justmann moved that the proof of publication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Absent—Councilman Lundh. ORDINANCE NO. 12-75 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 "Multiple Residence District' classification to "Local Business 'B' District classification, said Ordinance having been prev- iously presented and read at the Council meeting of March 10, 1975, presented fur final adop- tion. ORDINANCE NO. 12-75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA,^ SO AS TO CHANGE: CERTAIN PROP- ERTY HEREINAFTER DESCRIBED FROM "MULTIPLE RESIDENCE DIS- TRICT" CLASSIFICATION TO "LOCAL. BUSINESS 'B' DISTRICT CLASSIFICA• TION. 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 Du- buque, Iowa," be and the same is here- by amended by changing from "Multiple Residence District" classification to "Local Business 'B' District" classification the following described real estate, to wit: Commencing at the southwest corner of the northwest quarter section of Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa; Thence easterly along the south line of said quarter section a distance of 1530.27 feet to a point, said point also lying on the center line of Peru Road; Thence north- erly along a line, said line also being the centerline of Peru Road; with a deflection angle of 95 degrees 56' 30" left a distance of 730.46 feet to a point; Thence westerly along a line with a deflection angle of 89 de- grees 4' is" left a distance of 260 feet to a point, said point being the beginning of this legal description; Thence northeasterly along a line with a deflection angle of 72 degrees 20' 45" right a distance of 689 feet to a point; Thence southwesterly along a line with a deflection angle of 90 de- grees 0' left a distance of 130 feet to a point, Thence northwesterly along a line with a deflection angle of 95 degrees s' right a distance of 140 feet to a point; Thence easterly along a line through said point and perpendicular to the centerline of Peru Road at that point to a point 260 feet west- erly of said centerline; Thence south- erly along a line parallel to, but 260 feet west of the centerline of Peru Road to the point of beginning; All territory described lying in Lot A of Terrace Heights Subdivision being a subdivision of the northwest quarter of Section 12. Township 89 North, Range 2 East of the sth Principal Meridian, in the City of Dubuque, Iowa, Du- buque County, Iowa, containing 1.89 acres more or less, as shown on Ex- hibit "A" hereto attached. SECTION 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Regular Session, April 7, 1975 133 Passed, adopted and approved this 7th day of April, 1975. C:. Robert Justmann Mayor James F. Brady hmil Stackis Allan 't'. Them, Councilmen Attest: City Clerk published officially in the Telegraph Herald Newspaper this IIth day of April, 1971. Leo F. Frornanelt City Clerk Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Thorns. C:ar- ned by the following vote: Yeas—Councilmen Brady, Stack - LR, Thoms. :Nays—Mayor Justmann. Absent—Councilman Lundh. Petition of United Spanish Americans Auxiliary requesting permission to sell flowers on April 25th dt 26th, presented and read. Councilman Thoms moved that the petition be approved and referred to the City Manager for final approval. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Stackis, Thoms. Nars—None, Absent—Councilman Lundh. Petition of Fred H. Sinhold et al (50 signers) requesting parking be allowed on one side of Woodlawn only from intersection of Asbury & Woodlawn North approx. 300', Presented and read. Councilman Thoms moved that the petition be referred to the City Manager and Traffic Department. Seconded b%. Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmunn, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Petition of James S. Kisting et al, requesting direction to overcome drainage problems that exist in Glenwood Court and Creston Street areas, both in the backyards, streets and sidewalks, presented and read. Councilman Thoms moved to suspend the rules to let anyone Present address the Council if they so desire. Seconded by Mayor 3ust- mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None, Absent --Councilman Lundh. Ronald McDermott and James Kisting addressed the Council rela- tive to the petition. Councilman Thoms moved that the petition be referred to the City Manager and Staff for their earliest considera- tion. Seconded by Councilman Stackis. Carried by the following Vote: Yeas—Mayor Justmann, Council- men Stackis, Thorns. Nays—Councilman Brady. Absent—Councilman Lundh. Petition of March of Dimes, Northeast Iowa Chapter, request- ing permission to conduct a Walk- athon on April 12, 1975, presented and read. Councilman Thorns mov- ed that the petition be approved subject to final approval of the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Afayor Justmann, Council- mc n Brady, Stackis, Thorns. Nays—None. Absent --Councilman Lundh. Petition of Dubuque Jaycees re- questing assistance in finding a location to host a circus on July 4, 1975; Industrial Park would be ideal, presented and read. Mayor Justmann moved that the petition be referred to the City Manager for approval. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays None. Absent—Councilman Lundh. Petition of Louis Juergens re- questing a refund of $25. on un- expired portion of Cigarette Li- cense No. 400, discontinued busi- ness on March 31, 1975, presented and read. Councilman Stackis mov- ed that the refund be granted and the City Auditor directed to is- sue proper warrant. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. 134 Regular Session, April 7, 1975 Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to dispose of Lot 1 Block 12, Block 13 and Lot 1 of Block 14 in River Front Sub. No. 3 to Thermolyne Corporation, pre- sented and read. No written objec- tions were filed and no oral objec. tors were present in the Council Chamber at the time set for the hearing. Councilman Thorns moved that the proof of publication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Absent --Councilman Lundh. RESOLUTION NO. 80-75 WHEREAS, pursuant to Resolu- tion and 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 March 7, 1975 and March 14, 1975 the City Council of the City of Dubuque, Iowa, met on the 7th day of April, 1975, at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider pro- posal to dispose of interest of the City of Dubuque, Iowa, in real estate, hereinafter described, to Thermolyne 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 Thermolyne Corporation: NOW THEREFORE BE IT RE- 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 real es• tate, to -wit: Lot 1 of Block 12, Block 13, and Lot 1 of Block 14, in "River Front Subdivision No. 3" in the City of Dubuque, Iowa, subject to existing easements, for sewar, water and all utilities together with the right of Ingress and egress, to maintain, repair and service the same to Thermelyne Corporation for th4 purchase price of Five Thousan( Dollars ($5,000.00) per acre or a total purchase price of Thirty six thousand thirty dollars ($36,030.00) and that the option payments here. tofore paid shall not be deemed nor be applied upon the purchase price, be and the same is hereby approved, subject to the following terms and conditions: 1. That the selling price of said real estate shall be Five Thou. sand ($5,000.00) Dollars per acre or a total purchase price of $36,030.00 Dollars and that the option payments shall not be deemed nor be applied upon the purchase price. 2. That the construction of said improvements shall conform to all City Codes and Ordinances. 3. In the event of exercise of said option, the City shall convey said premises by Quit Claim Deed subject to existing ease- ments, for sewer, water and all utilities and the City reserves an easement for the location and maintenance of such utilities, together with the right of in- gress therein and egress there. from for the purpose of repair and maintenance thereof. 4. The City reserves an easement over Lot 1 of Block 14 River - front Subdivision No. 3 for pos- sible extension of sanitary sewer, storm sewer and water main and said easement shall be for Fifty (50) feet as con- struction easement and for twenty (20') feet as utilities easement. 5. That said City reserves an ease- ment in, over, on and across the property hereinabove described as railroad easement, which easement area is shaded in green on the attached plat and contains approximately .3377 acres, said plat being dated January 31, 1969, and prepared by Cullen-Schiltz & Associates, Inc. 6. That purchasers shall com- mence construction of a new plant on the premises within three years of date of deed and shall complete the project with- in four (4) years of date of deed. Section 2: That the City Clerk be and ho Ls hereby authorized and directed to deliver deed of con, Regular Session, April 7, 1975 135 veyance conveying the above de- scribed real estate to Thermolyne Corporation upon receipt of the purchase price of $36,030.00. Section 3: That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed. approved and adopted this 7th day of April, 1975. C. Robert Justmann Mayor Emil Stackis ,lames E. Brady Allan T. Thorrs Councilman Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vo-te: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Absent—Councilman Lundh. April 1, 1975 honorable Mayor and City Council Agreement has been reached with the International Union of Op- erating Engineers, Local No. 758 on all terms and conditions rela- tive to wages and other employee benefits for the period January 1, 1975 through June 30, 1976. The attached memorandum from Walter Bockes explains amend- ments made to the previous agree- ment that resulted in ratification by members of the International Union of Operating Engineers, Local No. 758, I would request that you ratify the attached resolution authorizing me to execute a memorandum of agreement with the Operating En gineers and to place into effect the salary and benefit program w stipulated in that agreement. Gilbert D. Chavenelle City Manager Councilman Thoms moved tha, the communication be received anc filed. Seconded by Councilmai Stackis. Carried by the followint vote: Yeas—Mayor Justmann, Council men Brady, Stackis, Thom& Nays—None. Absent—Councilman Lundh. RESOLUTION NO. 81.75 Resolution authorizing the City Manager to execute the memor- andum of agreement with the International Union of Operat- ing Engineers, Local 758. WHEREAS, the City of Dubuque, through the City Manager's office, has been negotiating an agreement with the International Union of Operating Engineers, Local 758, and WH 'R.EAS, the parties have reached agreement on a wage and salary program to be effective Jan• uan• 1, 1975 -June 30, 1976 as stip- ulated in the Memorandum of Agreement between the City of Du- buque, Iowa and the International Union of Operating Engineers, Lo- cal 758, dated March 20, 1975, and WHEREAS, it is desirous that the City Manager be given author- ity by the City Council to place in effect this wage and salary plan with the International Union of Op- erating Engineers, Local 758. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to execute the refer- enced Memorandum of Agreement with the International Union of Operating Engineers, Local 758. Section 2. That the City Manager be authorized to implement the proposed wage and salary plan and employee benefits for the period January 1, 1975 -June 30, 1976. Passed, adopted and approved this 74h day of April, 1975. C. Robert Justmann Mayor Emil Stackis .James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis, Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. RESOLUTION NO, 82.75 Resolution authorizing execution of agreement between City of 138 Regular Session, April 7, 1975 Dubuque, Iowa and Iowa State Highway Commission relating to the installation of traffic con- trol signals for school crossings at various locations within the City of Dubuque. That the Mayor and City Clerk be and they are hereby authorized and directed to execute agreement number 74-T-037, dated 7th of April, 1975 with the Iowa State Highway Commission, a copy of which Agreement is attached, re- lating to the construction of traf- fic control signals for school cross. ings at various locations as pro- vided for in said agreement. Passed, approved, and adopted this 7th day of April, 1975. C. Robert Justmann Mayor James E. Brady Emil Stackis Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Cleric Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Communication of U. S. Army Corps of Engineers submitting right -of -entry agreement to allow construction of sidewalks along the floodwall, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Thorns. Carried by the following vote: Yeas --Mayor Justmann, Council men Brady, Stackis, Thorns. Nays—None. Absent—Councilman Lundh. RESOLUTION NO. 83.75 WHEREAS, the U.S. Army Corp: of Engineers have submitted Supplemental Right -of -Entry fo. adoption by the City Council, Cit; of Dubuque, Iowa, in connectiot with the sidewalk construction anc improvements in the floodwall fa cility; and WHEREAS, said supplementa Right -of -Entry should be execute by the City of Dubuque, Iowa. NOW THEREFORE BE IT RE. ;OLVED BY THE CITY COUNCIL JF THE CITY OF DUBUQUE, fOWA: Section 1: That the Supplement No. 9 to Right -of -Entry presented by the U.S. Corps of Engineers for adoption by the City of Dubuque, Iowa, in connection with the con- struction of sidewalk construction program in connection with the floodwall project, be and the same is hereby approved. Section 2: That the Mayor and City Clerk be and they are hereby authorized to execute said Supple- ment No. 9 to Right-of-F.ntry for and on behalf of the City of Du- buque, Iowa. Section 3: That the City Clerk forthwith transmit sufficient copies duly certified to the commanding officer, Walter H. Johnson, Colonel, Corps of Engineer, District Engi- neers IT. S. Corps of Engineers, Rock Island, Illinois. Passed, adopted and approved this 7th day of April, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Thom%. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Absent—Councilman Lundh. RESOLUTION NO. 84.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following have com- plied with the provisions of law re- lating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Richard M. Winsor, Bunker Hill Pro Shop, My -Cap Vendors, Inc., Bunker Hill Road Dubuque Municipal Airport, Lime Rock Springs Co., Inc., Vendors Unlimited, Municipal Airport Regular Session, April 7, 1975 137 Passed, adopted and approved this 7th day of April, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Absent—Councilman Lundh. RESOLUTION NO. 85.75 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 Dubuque Sports Unlimited. Inc. (also Sunday Sales), East Fourth Street Dubuque Jaycees (also Sunday Sales), 1023% Main Street CLASS "C" BEER PERMIT LaVern Nicholas Hennen, Vern's Conoco, 3300 Asbury Road Leonard Oil Company, Site Service Station, 1307 Podge Street Palmer Drug Co.l 2@00e, Street Passed, adopted ana proved this 7th dap of AprilA75: C. Robert Jusitmaun Mayor Emil Stackis James E. Brady Allan T. 'rhonis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Absent --Councilman Lundh. RESOLUTION NO. 86.75 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 PERMIT Dubuque Sports Unlimited, Inc. (also Sunday Sales), East Fourth Street Dubuque Jaycees (also Sunday Sales), 1023% Main Street CLASS "C" BEER PERMIT LaVern Nicholas Hennen, Vern's Conoco, 3300 Asbury Road Leonard Oil Company, Site Service Station. 1307 Dodge Street Palmer Drug Co., 2600 Dodge Street Passed, adopted and approved this 7th day of April 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Just nann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. RESOLUTION NO. 87-7S 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 ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acta of the First Regular Session, 84th General As, sembly. 138 Regular Session, April 7, 1975 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ronald Fens, Ron's Barrell Tap, 1121 University Avenue 2186 Raymond Ney, Ray's Tap, Central Avenue Richard N. Stecklein and Melvin B. McSperrin, B. & R. White House, 450 West Locust Street Passed, adopted and approved this 7th day of April 1975- C. Robert Justmann Mayor James E. Brady Emil Stackis Allan T. Thoms Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Counpilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Stackis, Thoms. Nays—None. Absent—Councilman Lundh. RESOLUTION NO. 88.75 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 the State Law and all City Or- dinances 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 Ronald Fens, Ron's Barrell Tap, 1121 University Avenue Raymond Ney, Ray's Tap, 2186 Cen- tral Avenue Richard N. Stecklein and Melvin B. McSperrin, B. & R. White House, 450 West Locust Street Passed, adopted and approved this 7th day of April 1975. C. Robert Justmann Mayor James E, Brady Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop• tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Councilman Brady moved that the Park Board be requested to certify a vacancy on -their Board, if one so exists, to the Council by April 14th. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent --Councilman Lundh. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thoms. Nays—None. Absent—Councilman Lundh. Leo F. Frommelt City Clerk Approved July 28, 1975 Adopted July 28, 1975 Special Session. April 14, 1975. 139 CITY COUNCIL OFFICIAL Special Session, April 14, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelie. Absent—None. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called TO ADOPT A RESOLU- TION AUTHORIZING THE ISSU- ANCE OF $4,250,000 HOSPITAL FACILITY FIRST MORTGAGE REVENUE BONDS (FINLEY HOS- PITAL PROJECT) and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Communication of Illinois De. partment of Transportation en- couraging states to develop their own indirect source regulations which upon approval by the U.S. EPA would be managed by the individual states and advising of a public hearing to be held on April 21, 1975, presented and read. Councilman Stackis moved that the communication be referred to the Iowa Department of Environ- mental Quality for their consid- eration and report. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Mayor's In- dustrial Committee recommending approval of a petition submitted by T. Robert Ibinger praying for relief of conditions to his land on Industrial Park, presented and read. Councilman Lundh moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Mayor Just - mann. Carried by the following vote, Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Attorney Robert Bertsch repre- senting Mr. Ibinger addressed the Council stating the conditions are now burdensome to the property Owner. Councilman Thorns moved that the communication of Mayor's In- dustrial Committee he received and filed and recommendation be granted. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Thorns. Nays --Councilmen Brady, Stack - is. April 9, 1975 honorable Mayor and Members of the City Council This is to inform you that at the regular meeting of the Dubuque Park Board held at 4:15 P.M. on April 9, 1975, the board with re- grets accepted the resignation of Mr. Dominic W. Goodmann as a member of the Dubuque Park Board effective immediately. Thomas G. Schrup Chairman Frederick R. Appel Vice Chairman Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Mayor Justmann moved the resig- nation be accepted; a vacancy de- clared and applications for the position be filed with the City Clerk by noon on April 25. 1975. Seconded by Councilman Thoms, Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Stackis further mov- ed that the City Solicitor be di- rected to draw up a "Resolution of Gratitude" to Mr. Dominic Good - mann. Seconded by Councilman Brady. Carried by the following vote: Yeas Mayor Justmann, Council men Brady. Lundh, Stackis, Thoms. Nays—None. Communication of Joseph Schiltz stating rather than getting con- sultant firms for the City it would be better to have a suggestion box for the public, also should have more cooperation between the En- gineers in the City, presented and read. Councilman Stackis moved that the communication be receiv- 140 Special Session, April 14, 1975 ed and filed. Seconded by Council feel to approval of the City Attor. man Thoms. Carried by the fol- ney, for filing purposes. lowing vote: SIDEWALK CONSTRUCTION Yeas—Mayor Justmann, Council- BOND men Brady, Lundh, Stackis, Thoms. Conlon Construction Co., North. Nays—None. western National Insurance Co. April 11. 1975 effective April 8, 1975, Bond No. Honorable Mayor S 716723 and City Council GENERAL LIABILITY POLICIES I am presenting for your con- F. N. Smith Construction Co. Bi. sideration our list of streets for tuminous Casualty Corporation, the 1975 Street Program. April 1, 1975 to April 1, 1976 The amounts estimated for this Policy No. GA739076 construction are covered in our Fondell & Sons Inc., Hartford In. budget for Fiscal Year '76. surance Group, 11-01-74 to 11-01. Section III of the 1975 Street 75 Policy No. C-503852 Program totaling $322,365 for city Gilbert D. Chavenelle share is budgeted under capital City Manager outlay in the City Engineer's De- Councilman Lundh moved filing partment. In addition to this be approved subject to the ap. amount, assessments of $121,334 proval of the City Attorney. Sec. will be charged to property own- onded by Mayor Justmann. Carried erg on Rockdale Road from A. H. by the following vote: Ueth Subdivision to old city limits, Yeas—Mayor Justmann, Council - Asbury Road from Crissy to Car- men Brady, Lundh, Stackis, Thoms. ter and Paul Street from Lowell Nays—None. to Clarke. This project will total April 14, 1975 $443,699. Honorable Mayor and Section 11, intersection widen- City Council ing on Dodge Street east of Grand- Three communications were filed view will total $83,599; $43,812 for with the City Clerk and present - paving construction and $39.747 ed to your Honorable Body at your for signal improvements. The sig- meeting of March 10, 1975, which nals are not in the street program, essentially questioned the sale or but will be bid separately under dispensing of optical items and an electrical contract. equipment at the Medical Associ- Section I, Dodge Street paving ates new facility. As you may re - will total $235,316 from Bluff to call, Medical Associates is now sit - Grandview. This is budgeted under uated on part of Mercy Medical capital outlay in the City Engi- Center property. neer's Department. Pursuant to your direction, I I would like an opportunity to have investigated this matter, and show you these projects in order I beg to report the following: to get your approval for this pro- (1) The Building Commissioner gram. of the City of Dubuque has here - John L. White, P.E. tofore issued a building permit to City Engineer Medical Associates pursuant to and Mayor Justmann moved that the in accordance with detailed plans communication be received and of said facility. The said plans on filed and April 19th at 9:00 A.M. file in the Building Commissoner's be time set for Engineer to show office do not display thereon any projects to Councilmen. Seconded proposed location of a facility for by Councilman Thoms. Carried by sale of optitcal items and equip - the following vote: ment. Yeas—Mayor Justmann, Council- (2) An examination of the per - men Brady, Lundh, Stackis, Thoms. tinent ordinances indicates to me Nays—None. that the location of a facility there - April 10, 1975 in for the sale of optical items and Honorable Mayor and equipment is not a permitted use. involved Members of the City Council My investigation has Dan Ditte- I have approved .the following consultation with Mr. Mr. Donald bond and policies and desire to have your approval of same, sub- more, City Planner, Bandy, Building Commissioner, Special Session, April 14, 1975 141 and Mr. R. N. Russo, City Attor- ney. I am advised that the fore- going named individuals concur bereln. It is my intention to keep your Honorable Body advised of any relevant developments wich occur pertaining to this Communications of Slade Optical House, Klauer Optical and Gibson Eyewear Dispensary are returned herewith. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be referred to the Council. Seconded by Councilman Brady. Carried by the following vobe: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thom& Nays—None. Notice of Claim of Lucile Kath- erine Quinn, in the amount of $10,- 000, for personal injuries received in a fail on an icy sidewalk north of the intersection of Bluff & 5th Streets on April 3, 1975, present- ed and read. Mayor Justmann mov- ed that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None, Notice of Claim of Alan Koppes, in an undetermined amount, for personal injuries received as the result of being struck on the head by a rusted out street sign at 21st & Washington Streets on March 19, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Staekis, Thoms, Nays—None. Notice of Claim of Sally Jo Roy. in an undetermined amount, fol truck damages incurred as the re cult of city truck spilling salt or, the windshield on February 17 1975, presented and read. Mayoj Justmann moved that the notice of claim be referred to the CIO Solicitor for proper proceedings Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Mary Volk- man, in the amount of $350, for car damage incurred as the result of said car being struck by a city garbage truck while parked at 701 Davis Street on March 18, 1975, presented and read. Mayor Just - mann moved that the notice of claim be referred to the City So- licitor for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of the University of Dubuque Campus Ministry request- ing permission to conduct a Hun- ger Walk on April 26, 1975, pre- sented and read. Councilman Stackis moved that the petition be received and filed and approved subject to City Manager's approval. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Verbal report by Assistant City Manager Murray, on using Medical Associates Building as a site for housing City Government was pre- sented. After several plans were presented and considerable discus- sion, Mayor Justmann moved Not to Act to acquire Medical As- sociates Building. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis. Nays — Councilmen Lundh, Thoms. Petition of the Noon Optimist Club requesting consideration to proclaim May 1 to 7 as "Respect for Law Week," presented and read. Councilman Stackis moved that the petition be approved and the week so proclaimed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thom& Nays—None. Petition of Dubuque Beautifica- tion Committee requesting permis- 142 Special Session, April 14, 1975 cion to address the Council rela- tive to activities to be conducted during "Beautify Dubuque Week and Month" presented. Robert Day and John Grail, mem- bers of the Beautification Commit- tee, addressed the Council stating there are about twenty projects being worked on at the present time. They also introduced the following people and the various projects they have undertaken. Dick Albert, Comiskey Park Area; Barb Faust, Jefferson Park Area; Jim Gibbs, Madison Park Area; Jerry Herburger and Cindy Weber, Overpass at St. Joseph's Church Area; Wilma Heitzman, Floodwall Marina Area; Ann Schroeder, Clean Flora Park Area; Karen Moldenhauer, Allison -Henderson Park Area; City wide cleanup in the Kennedy Mall area: Sierra Club, to pick up trash; and Mercy Hospital, Dubuque County Con- servation Society, Chamber of Com- merce & Rotary Club to help where needed. Councilman Brady moved that the City Attorney draw up a reso- lution endorsing the projects and also give consideration as to the liability involved. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns, Nays—None. Petition of Dubuque Sports Un- limited requesting that the week of April 13 thru 19 be declared Baseball Week in Dubuque, pre- sented and read. General Manager, Steve Greenberg, addressed the Council stating the opening game is April 18, 1975, and presented the Mayor with an official cap. Mayor Justmann moved that the petition be received and filed. Sec- onded by Councilman Thorns. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thoms. Nays—None. April 2, 1975 Honorable Mayor and Councilmen In accordance with your refer- ral of Councilman Thorns' letter of February 20, 1975, the Planning and Zoning Commission has con- sidered the suggestion for creating a panel to advise the Council in historical and architectural Pres. ervation matters. The Commission agreed that the purpose of the Demolition Restraint Ordinance No. 7-75 would be pro- tected if its application were sub. ject to independent expert advice as Councilman Thorns has urged. The Councilman's letter made specific reference to the historical advisory commission established in in Charleston, South Carolina, and we have enclosed a copy of their specifications for the various areas of expertise to be represented on their commission. The Planning and Zoning Commission has also agreed that the role of a preserva. tion advisory panel might also be. broadened to provide valuable in. put on other architectural and his. torical conservation matters. The Commission also felt strong- ly that the potential scope of in- volvement for an historical pres- ervation advisory group is not yet sufficiently well established to be formally constituted by local ordi- nance. It has recommended, as an alternative. that an ad hoc advisory panel be formed now and that Council stipulate a policy of con- sulting with this panel as appro- priate matters arise. We have at- tached a sample form of Resolu- tion should you find it desirable to officially articulate that policy. Under separate cover, we will submit a list of persons whom we know to have an interest in pres- ervation and whose various ex- pertise is consistent with the re- quirements of the Charleston, South Carolina ordinance. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION OF POLICY No. 89.75 Whereas, the City Council deems it desirable that Council receive informed advice concerning the historical and/or architectural sig- nificance of buildings subject to Special Session, April 14, 1975 143 the provisions of Ordinance No. 7.75, known as the "Demolition Restraint Ordinance," and Whereas, the solicitation of such informed advice may also be of substantial importance to the Council in regard to other matters concerning the conservation of Du- buque's rich historical and archi- tectural heritage, NOW THEREFORE BE IT RE- SOLVED BY TNF. CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby recognizes the Dubuque Historic Preservation Advisory Board as a private organization with special knowledge and exper- tise in the field of historic con- servation, and Section 2. That the City Council hereby declares its intention to solicit the advice of the Dubuque Historical Preservation Advisory Board on matters within the scope of Ordinance No. 7.75 and on oth- er matters affecting Dubuque's historical and architectural heri- tage as the Council deems appro- priate. Passed, adopted and approved this 14th day of April, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thorns. Nays—Councilman Brady. Communication of Dubuque Jay- cees requesting the adoption of a motion endorsing their endeavor in the task of renovating Wash- ington Park, presented and read. Russ Neuwoehner of the Jaycees addressed the. Council advising them of the work they plan to do in Washington Park. Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 90.75 Endorsing Washington Park Res- torafion. WITEREAS, Washington Park in downtown Dubuque is the site of much of the history of Dubuque including the City's first Church, jail and settlers' meeting ground; and WHEREAS, much of the park's former beauty and character have been destroyed by the forces of nature; and NNITEREAS, the Dubuque Jaycees have undertaken to restore Wash- ington Park in conjunction with the American Revolution Bicen- tennial Celebration; and WHEREAS, the restoration of Washington Park will enhance the image and vitality of the Dubuque Community especially in this bi- centennial era; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that it wholeheartedly endorses the efforts of the Du- buque Jaycees to restore Washing- ton Park and pledges its coopera- tion and support to their endeavor. Passed, approved, and adopted this 14th day of April, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. April 14, 1975 City of Dubuque Attention: Mr. Gilbert D. Chavenelle City Manager Re: Finley Hospital Project We have been furnished with the final drafts of the proposed documents contained in the letter of Lee Boye of Chapman and Cut- ler dated April 5, 1975, and we 144 Special Session, April 14, 1975 find that the suggestions and changes which we have made have been incorporated therein. The Trust Indenture on page 15 con- tains the maturities and interest rates which the bonds are to bear. We believe that these interest rates are in line with current mar- kets for comparable bonds. We have also been furnished by Wm G. Ceas & Company a copy of their proposed contract of pur- chase which has been revised to ,conform with our recommends, tions, which principally eliminated the underwriter as the sole judge of market conditions and other matters which might delay deliv- ery. We understand that this con. tract of purchase is being pre- sented to you for approval by the Council at its meeting April 14, 1975. The price will be $4,122,500 plus accrued interest. We have dis- cussed this price with the under- writer and have also compared it to prices for comparable bonds in this market. We believe the price is fair and Will not affect the general mar- ket value or price of City of Du- buque direct obligations secured by either taxes or revenues of its utilities. Aside from that reserva- tion, the price is a matter of in- terest to the hospital and the under- writer only. It is our opinion that the City of Dubuque, by accepting the purchase contract and approv- ing the documents, will not jeop- ardize its credit and will have ac- complished its goal of improving one of its prominent local hospi- tals. We recommend that the docu- ments, as amended, and the pur- chase contract be approved. Paul D. Speer & Associates, Inc. Paul D. Speer President Mayor Justmann moved that the communication be received and Sled. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 91-75 Resolution authorizing the issu. ance of $4,250,000 Hospital Fa- cility First Mortgage Revenue Bonds (The Finley Hospital Pro- ject), Series A, of the City of Dubuque, Iowa, for the purpose of lending the proceeds thereof to The Finley Hospital to defray the cost to said Corporation of acquiring certain equipment and improvements suitable for use in its voluntary nonprofit hos• pital, the execution and delivery of an Indenture of Trust to se. cure said Bonds, the execution and delivery of a Loan Agree. trent between said City and said Corporation providing for the re. payment of the loan of the pro. coeds of said Bonds, 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 issue Hospital Facility First Mort. gage Revenue Bonds (The Finley Hospital Project), Series A of said City in the principal amount of $4,250,000 (the "Bonds") for the purpose of lending the proceeds thereof to The Finley Hospital (the "Corporation") to defray the cost, to that amount, of the ac- quisition of certain equipment and improvements by the Corporation suitable for use in its voluntary nonprofit hospital, including the repayment of construction loans obtained by the Corporation until permanent financing could be ar- ranged (the "Project'), on a site within the City, all in accordance with the provisions of Chapter 419 of the Code of Iowa, 1973, as amended (the "Act'); and WHEREAS pursuant to published notice of intention this City Coun- cil has heretofore conducted a pub- lic hearing, as required by Section 419.9 of the Act, and this City Council has deemed it necessary and advisable to •proceed with the Project, the issuance of the Bonds, and the loan of the proceeds of the Bonds to the Corporation; and WHEREAS the City has arrang- ed for the sale of the Bonds to William G. Ceas & Company (the "Underwriter'); NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That in order to fi- nance the Project referred to in the preamble hereof, Hospital Facility First Mortgage Revenue Bonds (The Finley Hospital Proj- Special Session, April 14, 1975 145 ect), Series A, of said City in the principal amount of $4,250,000 (the "Bonds") be and the same are hereby authorizedid City ordered be issued by . y Pur an Indenture of Trust in substan- tially the form attached hereto as Exhibit A and containing sub- stantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby au- thorized and directed to execute and deliver said Indenture of Trust and said Bonds. Section 2. That said City lend the proceeds of the Bonds to the Corporation to defray the cost of the Project referred to in the pre- amble hereof, pursuant to a Loan Agreement providing for the re- payment of said loan, in substan- tially the form attached hereto as Exhibit B and containing sub- stantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby au- thorized and directed to execute and deliver said Loan Agreement. Section 3. That the sale of the Bonds to the Underwriter, pursu- ant to a Purchase Contract, in sub- stantially the form attached here- to as Exhibit C and containing substantially the terms and pro- visions set forth therein, is hereby authorized, approved and confirm- ed, and the Mayor is hereby au- thorized and directed to execute and deliver said Purchase Contract. Section 4. That the Underwriter is hereby authorized to prepare and use a preliminary official statement and a final official state- ment is reselling the Bonds; pro- vided that this authorization does not apply to information with re- spect to The Finley Hospital and its financial condition included in such documents, but nothing here- in shall be construed as prohibit. ing the Underwriter from includ- ing such information therein pur- suant to authorization from the Corporation. Section S. That the Mayor and the City Clerk shall execute any and all documents and do any and all things as may be authorized by resolution of this Council in order to effect the issuance and sale of said Bonds and the execution and delivery of said Loan Agreement and Indenture of Trust and to carry out the intent and purposes of this Resolution. Section 6. That the provisions of this Resolution are hereby declar- ed to be separable and if any section, phrase or provision shall for any reason he declared to be invalid, such declaration shall not affect the validity of the re- mainder of the sections, phrases and provisions. Section 7. That this Resolution shall become effective immediately upon its passage and approval. Passed and approved April 14, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. April 10, 1978 Honorable Mayor and City Council You may recall that during your budget workshops the staff bad proposed a consultant study of al- ternate corridor locations for the North-West Arterial roadway. The study was proposed to be a part of our Federal -aid Urban System program for this year, and is eli- gible for 70% cost sharing, with 30% local share to be made avail- able from our road use tax ap. portionment. The corridor location study, environmental impact state- ment and public hearing must be completed before final roadway design or roadway acquisition may commence. We have attached a Project Agreement, as presented by the Iowa Department of Transportation, which is to secure our mutual par- ticipation in the project. We rec- ommend that it be adopted and have attached a form of Resolution for this purpose. We also propose that the en- gineering firm of Brice, Petrides and Associates of Waterloo be se- lected as the consultant for this study. Representatives of the firm will be in attendance at your meet- ing of April 14th and we would 146 Special Session, April 14, 1975 appreciate the opportunity to pre- sent them to you. We have also at- tached a Resolution instructing the City Manager and staff to prepare a suitable contract and scope Of services, and which would author. ize us to negotiate the detailed terms of the study with the Iowa Department of Transportation and Federal Highway Administration. The contract documents, proposed study outline and cost estimates will be returned to you for review and adoption. The North-West Arterial will be our first project in the Federal - aid Urban System. This program presents us with a new opportun. ity for further development of a comprehensively planned transpor- tation system. However, the time and procedural constraints of the program are a challenge to our ability to make effective use of these funds. If time permits, we would also like to discuss a two year strategy for program develop- ment and an outline of future projects. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-111ayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 92.75 A Resolution concurring in the selection of Brice -Petrides and Associates as engineering con- sultant for a corridor study of a North-West arterial roadway, and instructing the City Manager to prepare a suitable form of con- tract and scope of work for such study WHEREAS, the City Council of the City of Dubuque, Iawa has ap proved a Project Agreement witt the Iowa Department of Transpor tation relative to their mutual par ticipation in a Corridor Study o a proposed North-West Arteria roadway within and adjoining th City of Dubuque, Iowa; and Whereas, it has been recom mended that the engineering con sulting firm of Brice -Petrides ani Associates of Waterloo, Iowa b selected as contractor for such Corridor Study; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN. CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Mana. ger be and he is hereby author- ized to select Brice -Petrides and Associates, Engineers, of Water. loo, Iowa as consultant engineers for a Corridor Study of a propos. ed North-West Arterial roadway. Section 2. That the City Man• ager be and he is hereby instructed to prepare a suitable Form of Contract and Scope of Work for the aforesaid Corridor Study, and to seek approval of said Contract and Scope of Work from the Iowa Department of Transportation and the Federal Highway Administra- tion, to assure eligibility of said Corridor Study as a Federal -Aid project. Section 3. That the City Man- ager be and he is hereby instruct- ed to return such Form of Con- tract and Scope of Work to the City Council for final review and approval. Passed, adopted and approved this 14 day of April. 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays --Councilman Brady. RESOLUTION NO. 93-75 Resolution authorizing execution of agreement between City of Dubuque, Iowa, and Iowa State Highway Commission relative to preliminary engineering for Faus Project known as North, West Arterial. That the Mavor and City Clerk be and they are hereby authorized and directed to execute agreement number 74•F-047 with the Iowa State Highway Commission, two Special Session, April 14, 1975 147 copies of which are attached, rela- tive to the engagement of a con- sultant engineering firm to per- form preliminary engineering to study and select the alignment and type of facility for and to design the North-West Arterial. Passed, approved and adopted this 14th day of April, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh. Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Lundh- Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays —None. RESOLUTION NO. 94.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following having com- plied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Thomas Joseph Manternach, Ter- race Heights Store, 4001 Peru Road Passed, adopted and approved this 14th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. RESOLUTION NO. 95-75 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 Thomas Joseph Manternach, Ter- race Heights Store. 4001 Peru Road Carl Van Duelman, 590 Clarke Drive Passed, adopted and approved this 14th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundb Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 96.75 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 nam- ed applicants a Beer Permit. CLASS "C" BEER PERMIT Thomas Joseph Manternach, Ter- race Heights Store, 4001 Peru Road Carl Van Duelman, 590 Clarke Drive 148 Special Session, April 14, 1975 Passed, adopted and approved this 14th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, 'Thoms. Nays—None. RESOLUTION NO. 97.75 WHEREAS, applications for Liq- uor Licenses have been submit- ted 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 LICENSE Leona R. Friedman, Lona's Inc., 620 East 16th Street Passed, adopted and approved this 14th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. RESOLUTION NO. 98.75 WHEREAS, applications for Liq uor Licenses were filed by the within named applicants and they have received the approval of thio- Council, and WHEREAS, the premises to be occupied by such applicants wer4 inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, A'OW 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 Leona R. Friedman, Lona's Inc., 620 East 16th Street Passed, adopted and approved this 14th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Juitmann, Council- men Brady, Lundh. Stackis, Thoms. Nays—None. There being no further business, Mayor Justmann moved to ad- journ. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved July 28, 1975 Adopted July 28, 1975 Special Session, April 21, 1975 149 CITY COUNCIL OFFICIAL Special Session, April 21, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Cc%un- cilmen Brady, Lundh, Stackis, Thom$. City Manager Gilbert D. Chavenelle. Mayor ,lustmann 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 CONSIDER REZONING OF CITY LOTS 623 AND 624 and act- ing upon such other business as may properly come before a regu- lar meeting of the Council. Some discussion was held rela- tive to the feasibility of using Medical Associates Building as a joint facility for Housing City and County Governmental units. Mayor .lustmann appointed Councilmen ,lames E. Brady and Alvin E. Lundh to work with the County Board of Supervisors to study the proposal of a joint facility and to report back within three weeks. The Board of Supervisors was in attendance and voted to approve the agreement forming a Metro- politan Agency as amended. RESOLUTION NO. 99-75 WHEREAS, the City of Dubuque and Dubuque County in Dubuque County, Iowa, are interested in re- solving integrated problems in solid waste resource recovery and disposal in said County; and WHEREAS, the City of Dubuque and Dubuque County represent 100% of the populous and 100^'x, Of the arca of Dubuque County; and WHEREAS, there is a need for Cooperative effort in solving the solid waste problems in Dubuque County; and WHEREAS, the formation of the Solid Waste Agency is an ade- quate necessity to continue the coordinate effort over the con- cerns of Solid Waste; and WHEREAS, the City and County must resolve all solid waste prob- lems in accordance to the Depart- ment of Environmental Quality regulations, NOW THEREFORE BE IT RE- SOLVED BY THE CITY OF DtJ- BUQUE THAT: 1. The City of Dubuque does hereby indicate its agreement in the concept of forming a metro- politan agency to perform the serv- ice of transporting, processing and disposal of Solid Wastes and re- lated functions for the City. 2. The City Council does here- by pledge to participate officially in formation of the Dubuque Metropolitan Area Solid Waste Agency and hereby authorize the Mayor to sign the Intergovern- mental Agreement creating the Dubuque Metropolitan Area Solid Waste Agency on behalf of the City Council, The Board of Super- visors and City Council shall joint- ly meet to review operations once annually. 3. That the City Council shall appoint Councilperson Emil Stack - is to fill the initial one year term, and Councilperson James E. Brady to fill the initial three year term as member of the Agency Board as stated in the agreement. This resolution is declared adopted this 21st day of April, 1975. COI?NCILPERSONS C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Leo F. Frommelt City Clerk Councliman Stackis moved adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION WHEREAS, the City of Dubuque and Dubuque County, in Dubuque County, Iowa, are interested in re- solving integrated problems in solid waste resource recovery and disposal in said County; and WHEREAS, the City of Duce ue and Dubuque County ent 1()0% of the populous and 1005, of the area of Dubuque County; and 150 Special Session, April 21, 1975 WHEREAS, there is a need for cooperative effort in solving the solid waste problems in Dubuque County; and WHEREAS, the formation of a Solid Waste Agency is an adequate necessity to continue the coordi- nate effort over the concerns of Solid Waste; and WHEREAS, the City and County must resolve all solid waste prob- lems in accordance to the Depart- ment of Environmental Quality regulations. NOW THEREFORE BE IT RE- SOLVED BY THE COUNTY OF DUBUQUE: 1. The county of Dubuque does hereby indicate its agreement in the concept of forming a metro- politan agency to perform the serv- ice of tranvporting, processing and disposal of Solid Wastes and re- lated functions for the County. 2. The Board of Supervisors does hereby pledge to participate officially in formation of the Du- buque Metropolitan Area Solid Waste Agency and hereby authorize the Chairman to sign the Inter- governmental Agreement creating the Dubuque Metropolitan Area Solid Waste Agency on behalf of the Board. The Board of Super- visors and City Council shall jointly meet to review operations once annually. 3. That the Board of Super- visors shall appoint Board Mem- ber Donald C. Meyers to fill the initial two year term as member of the Aecncv Board as stated in the agreement. This resolution is declared adopted this 12th day of May, 1975. BOARD OF SUPERVISORS Donald C. Meyers Wilfred Bahl Ray Scherrman Attest: Harold P. Meloy County Auditor and County"), which said "City and County" represent a majority of the populous comprising the Du- buque Metropolitan Area. WITNESSETH: L Creation of the Metropolitan Area Solid Waste Agency Pursuant to the provisions of Chapter 28E, Code of Iowa, 1973, the City and County hereby form and create, as a public body cor- porate and politic and separate legal entity, the Dubuque Metro- politan Area Solid Waste Agency (hereinafter called the "Agency"). INTERGOVERNMENTAL AGREE- MENT CREATING THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY This agreement is made and en- tered into by, between the City of Dubuque, Iowa, and the County of Dubuque, Iowa (All parties be- ing hereinafter called the "City II. Purposes 1. The purposes of the Agency are as follows: a) To provide for the economic transport, processing, and disposal of all solid waste produced or gen- erated within each city, town and that portion of each county as the Board of Supervisors shall determine to be part of the metro- politan area. b) To cooperate with local, state and federal public health agencies in preventing the contamination and pollution of the land, water and air resources of the area, through the control, transport. processing and disposal of solid waste. c) To hire by agreement other local government agencies to ad- minister, operate and maintain facilities and provide offices, equipmient, machinery, buildings and grounds as are necessary to adequately perform the functions of the Agency. d) To contract with the cities, towns and counties, or public cor- porations for the transport, pro- cessing, and disposal of solid waste, and provide for the financing for such services, and to receive and expand State, Federal and private grants and other moneys which may be made available, to the ex- tent permissable under applicable State and Federal laws, and under the rules hereinafter set forth. III. Organization a) The governing body of the Agency shall be designated as the Agency Board (hereinafter called Special Session, April 21, 1975 151 the„ Board"), whose membership shall consist of three members two elected councilmen from the City of Dubuque and one elected supervisor from the County of Du- buque as approved by the body he represents. The term of appoint- ment shall be for three (3) years with initial appointment to one (1) and three (3) years for the City of Dubuque members and two (2) years for the County members. Appointments shall expire on the anniversary date of this agree- ment. Members leaving the Board due to political elections or resig- nations shall have their unexpired term filled by the respective City or County he represents in the same manner. Members may suc- ceed themselves in office. b) A quorum of the Board shall consist of a majority of the entire Board membership. c) The Chairman and Vice -Chair- man of the Board shall be elected by majority of Board Membership and shall serve for a term of one year or until their successors in office have been chosen. d) The Board shall hold at least one meeting each quarter of the year on dates and at places which shall be determined by the Board. Special meetings may be held at the call of the Chairman, or ma- jority of the membership of the Board. e) The Board shall enter into agreements by and between the Agency and one or more local governmental agencies for the ad- ministration, operation t nd main- tenance of facilities individually or collectively as are necessary to carry out the functions of the Agency. f) The Board shall appoint a Secretary -Treasurer for the Agency who shall have the authority, duties and obligations normally as- sociated with these offices, includ- ing but not limited to the receipt and disbursement of funds and the preparation and submission of quarterly and annual financial re- ports to the Board. 9) The Board may employ legal counsel. h) The Board shall cause this Agreement to be filed with the Secretary of State and shall notify the Secretary of State of the dis- solution of the same. IV. Duration and Agency Status 1. It is the intention of this Agree- ment that the Agency be a permanent organization. 2. It is expressly understood that the Agency is to be operated not for profit and no profit or dividend will inure to the benefit of any person. V. Powers The Agency shall be a public body corporate and politic and separate legal entity exercising public and essential governmental functions to provide for the pub- lic health, safety and welfare and shall have the following powers: a) To adopt and have common seal and to alter the same at pleas- ure. b) To sue and be sued. c) To acquire, hold, use and dispose of the reserves derived from the operation of its facilities and other moneys of the Agency. d) To acquire, hold, use and dispose of other personal property for the purpose of the Agency. e) To acquire by purchase, gift, lease, or otherwise, real property and easements therein, necessary or useful and convenient for the operation of the Agency, and to hold and use the same, and to dispose of property so acquired no longer necessary for the pur- poses of this Agency. f) To accept gifts or grants of real or personal property, money, material, labor, or supplies for the purposes of the Agency, and to make and perform such agree- ments and contracts as may be necessary or convenient in connec- tion with the procuring, accept- ance or disposition of such gifts or grants. g) To make and enforce rules and regulations for the manage. ment and operation of its business and affairs and for the use, main. tenance and operation of its fa- cilities and any other of its Prop- erties and to annul the same. h) To do and perform any acts and things authorized by Chap- ter 28E, Code of Iowa, 1973, and 152 Special Session, April 21, 1975 by this Agreement, under, through or by means of its officers, agents and employees or by contracts with any person. 1) To enter into any and all con- tracts, execute any and all in- struments, and do and perform any and all acts or things necessary, convenient or desirable eoca for the purposes of the Agency or rry out any powers expressly given by this Agreement. j) To cause the transport, proces- sing and disposal of solid waste material from the city, county and any other municipal corpora- tion pursuant to a service agree- ment, between the Agency and the City, County and any other muni- cipal corporation. k) To fix, establish and main- tain such rates, tolls, fees, rentals or other charges for the services and facilities of the Agency suf- ficient to pay at all times the cost of maintaining, repairing and op. erating said facilities, to pay the principal of and interest on bonds of the Agency then outstanding, to provide for replacements, de- preciation and necessary exten- sions and enlargements and to provide a margin of safety. All with the approval of the City and County. 1) To make or cause to be made studies and surveys necessary or useful and convenient to carrying out the functions of the Agency. m) To contract with and com- pensate consultants for profes- sional services including but not limited to architects, engineers, planners, lawyers, accountants, rate specialists, all others found necessary or useful and conven- ient to the stated purposes of the Agency. o) To consult with representa- tives of Federal, State and local agencies, departments, and their officers and employees and to con- tract with such agencies and de. partments. p) To exercise such other pow- ers as are available under then existing law to the City and County as is necessary or useful and convenient to carrying out the functions of the Agency with- in the City and County, as such functions are defined by the serv- ice contract entered by and be. tween that member City or County and the Agency. q) To borrow money, make and issue negotiable bonds, certificates, refunding bonds and notes and to secure the payment of such bonds, certificates, refunding bonds or notes or any part thereof by a pledge of any or all of the Agency's net revenues and any other funds which it has a right to, or may hereafter have the right to pledge for such purposes, all with the approval of the govern- ing bodies of the City and County. r) To provide in the proceed- ing authorizing such obligations for remedies upon default in the payment of principal and interest on any such obligations includ- ing but not limited to, the ap- pointment of a trustee to represent the holders of such obligation in default of the appointment of a receiver of the Agency's property suchtrustee and such receiver to have the powers and duties pro- videdfor in the proceeding au- thorizing such obligations. s) To enter into agreements by and between the Agency and local governmental agencies for the ad- ministration, operation, repair, and maintenance of the facilities un- der control of the Agency, and terminate said agreement. t) To accept grants, contribu- tions, and to enter into contracts, leases or other transactions with municipal, county, state or Fed- eral Government. VI. Financing 1. The Board shall prepare a bud- get based on fiscal years as established by the State of Iowa for the operation of the Agency to be adopted six months preceeding the budget year. 2. The Board shall annually or at more frequent intervals as deemed necessary, prepare a financial statement and sched. ule changes in rates, tolls, fees, rentals in other charges for the services and facilities under Agency control and for- ward the same to the City and County for approval. S. The Agency shall be financed wholly through rates, tolls, fees, Special Session, April 21, 1975 153 rentals, and other charges for the service of the facilities sufficient to pay at all times the costs of maintaining, re- pairing and operating said fa- cilities, to pay the principal and interest on bonds of the Agency then outstanding, to provide for replacements, de- preciation and necessary exten- sions and enlargements and to provide for a margin of safety. 4. Prior to the establishment of the btAget cycle and receipt of the proceeds from any bond is- sues what may be issued, the Agency may obtain such in- terim financing as provided by law. Where interim financing is used such financing shall be repaid out of permanent fin- ancing or operating revenues. Interim financing provided by the City and County shall be in balanced amounts determin- ed by the established formula. In determining the balanced amounts, funds spent by the City or County pursuant to Chapter 455B of the Code of Iowa for land and the expense associated with land purchases, professional services, studies and reports and other direct expenses shall be considered as part of the members contri- bution both in determining the balance and in determining the amount of refund. 5. Any special or budgetary ap- propriation adopted by the Agency shall be approved by the City and County. VII. Dissolution L The Agency shall be complete- ly dissolved and this agreement terminated only upon the af- firmative vote of the entire Board which vote shall specify the date and time such dissolu- tion shall be effective which date and time may be amend- ed at or before such time but not thereafter by the same af- firmative vote of the entire Board. 2. In the event of such a vote to completely dissolve the Agency, any real or personal property shall be sold prior to the date and time aforesaid and the Proceeds pro -rated among the City and County at, the time of dissolution on the basis of the established budget formula ap- proved by the City and County. Anything herein to the contrary notwithstanding, the City and County may not dissolve or in any way terminate, amend, or modify in any manner to the detriment of bondholders this agreement or any contract for the service of the Agency if revenue bondq, or obligations issued in anticipation of the issuance of revenue bonds have been issued and are outstand- ing. Any revenue bonds for the payment and discharge of which, upon maturity or upon redemption prior to maturity, provision h a s been made through the setting apart in a reserve fund or special trust account created pursuant to this agreement to insure the pay- ment thereof, of moneys suffi- cient for that purpose or through the irrevocable segre- gation for that purpose in a sinking fund or other fund or trust account of moneys suf- ficient therefore shall be deem- ed to be no longer outstanding and unpaid within the meaning of any provision of this Agree- ment. VIII. Manner of Acquiring and Holding Property 1. The Board may lease, purchase or acquire by any other means, from the City and County, or from any other source, such real and personal property as it requires for the operation of the Agency and the carrying out of the purposes of this Agreement. The Board shall maintain title to all such prop- erty in the name of the Agency and shall require the Secre- tary to maintain an inventory. Property materials and serv- ices shall be acquired or dis- posed of only upon a majority vote of a quorum attending a duly called Board meeting, pro- vided, however, that by the same: vote the Board may ex- pend such funds for the other authorized purposes of the Agency. 154 Special Session, April 21, 1975 IX. Amendment of Agreement Amendment of the Agreement shall be by the same procedures by which this Agreement was ap- proved and executed. X. Arbitration of Disputes Between Members It is agreed that any thdifference County between the City and concerning disputes, or the inter- pretation of the provisions of this agreement shall be referred to a committee of arbitrators, The City and County shall each select one arbitrator and shall notify the other in writing of the name and address of the arbitrator selected. The arbitrators so selected within ten (10) days ter being notified of their selection, select a third arbitrator, and after doing so shall in writing forthwith notify the City and County of the name and address of such third arbitra- tor. The three arbitrators selected as aforesaid shall immediately pro- ceed to determine the points of difference. CITY OF DUBUQUE By C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk COUNTY OF DUBUQUE By Donald C. Meyers Chairman, Board of Supervisors Attest: Harold P. Meloy County Auditor Communication of Merchants Mutual Bonding Co. submitting their Certificate of Authority to transact its appropriate business of Fidelity & Surety Insurance, pre- sented and read. Councilman Stack - is moved that the communication be received and filed. Seconded by Councliman Thoms. Carried the following vote: Yeas—Mayor Justmann, Council men Brady, Lundh, Stackis, Thoms Nays—None. Communication of The Unite Cancer Institute Inc. requesting proclamation on National Cance Day on September 8, 1975, pr sented and read. Mayor Justman moved that the communication b received and filed and the day so proclaimed. Seconded by Council- man Thoms. Carried by the fol. lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Dubuque Air- port Commission submitting the minutes of their meeting of April 10, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Bradv, Lundh, Stackis, Thoms. Nays—None. Communication of Catholic Moth- ers Study Clubs of Dubuque ex- tending congratulations on the proposal to beautify the City, pre- sented and read. Councilman Stack - is moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Brice, Petrides & Associates Inc., expressing grati- tude for being selected consultant for the Northwest Arterial Project presented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- onded by Councilman Brady Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Ahlers, Cooney, Dorweiler, Allbee, Haynie & Smith advising that their firm of attor- neys has been selected by Bethany Home to act in their behalf in a proposed bond issue in the amount of $1,750,000, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilmanm by Thos. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. d Communication of Planning & a Zoning Commission submitting min - r Utes of their meeting of April 16, e- 1975, presented and read. Mayor n Justmann moved that the minutes e be received and filed. Seconded by Special Session, April 21, 1975 155 Councilman Thorns. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Printed Council proceedings for the months of January and Febru- ary, 1975, presented for approval. Mayor Justmann moved that the council proceedings be approved as printed. Seconded by Council- man Thorns. Carried by the fol. lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of City Manager recommending no further traffic control relative to petition of Vicki Howard on Woodworth Street as the result of full investigation by the Traffic Department, pre- sented and read. Mayor Justmann moved to refer the communica- tion to the next meeting pending notification to Mrs. Howard. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. April 17, 1975 Honorable Mayor and City Council I have approved the General Liability policy of William Spiegel, No. GL 13-020818, Grinnell Mutual Reinsurance Co. from March 9, 1975 to March 9, 1976, and desire to have your approval of same. The above named policy has been approved by City Solicitor Russo under date of 4-16.75. Gilbert D. Chavenelle City Manager Mayor Justmann moved that filing be approved. Seconded by Councilman Thoms. Carried by the following vote - Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. April 17, 1975 Honorable Mayor and City Council The beautification project pro- posed by Mr. Payne on Kerper Blvd. Median from Hawthorne to Sixteenth Street is a commendable Project. The cost of this project is $64,500. The industries along Kerper are ready to finance this project ac- cording to Mr. Payne, provided the City will commit to an expenditure of $15,730 for landscaping and maintain the area after the project is completed. Thermolyne has already initiated this project by removing the sand from the median and replacing it with clay along the property they front. This project will be overseen by Mr. Walter Johnson, Vice President of Thermolyne. I would like to commit the City to the landscaping portion of this project as outlined on the accompanying estimates. These plans have been presented by Mr. White to Mr. Payne for ap- proval and I believe they are satis- factory to him and to Mr. Kramer who will be responsible for the landscaping project. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the recommendation be approved. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. April 17, 1975 Honorable Mayor and City Council I herewith submit the reports of the Water Superintendent, Treas- urer, Health Department, Finance Director, as well as a list of claims paid, for the month of March 1975. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of City Manager submitting a policy statement per. mitting fireworks display in the City, presented and read. Mayor Justmann moved that the com- munication be received and filed and policy adopted. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis- Nays—councilman Thoms. 158 Special Session, April 21, 1975 Notice of Claim of Mrs. Wendy Kelly, in the amount of $11.50 for personal injuries received in a fall in the Downtown Plaza on an icy sidewalk on April 2, 1975, pre- sented and read. Councilman Lundh moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Samantha Kelly, by Mrs. Wendy Kelly her mother, in the amount of $9.50 for personal injuries received in a fall in the Downtown Plaza on an icy sidewalk on April 2, 1975, pre- sented and read. Councilman Lundh moved that the notice of claim be referred to the City Soli- citor for proper proceedings. Sec. onded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. April 14, 1975 Honorable Mayor and City Council On March 3, 1975, claim was filed against the City of Dubuque, by Mrs. Harold Schwaegler, Zwin- gle, Iowa, in the amount of $75.00 and claiming that on February 16, 1975, claimant fell near the corner of Booth Street and Grandview Ave. nue as the result of catching her foot in a strip of street patching material, which had become loose- ned. This matter was referred to the City Attorney who has made an investigation thereof and finds no actionable liability or negligence on the part of the City. It is there. fore the recommendation of the City Attorney that the claim of Mrs. Harold Schwaegler be denied. Original claim is herewith re- turned. R. N. Russo City Attorney Councilman Lundh moved that the recommendation of denial be approved. Seconded by Councilman Stackis. Carried by the following vote; Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays_ -_None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider rezon. ing of Lots 623 and 624 from Mul. tiple Residence District to Business District Classification, presented and read. No written objections were filed previous to the time set for the hearing. Councilman Thoms moved that the proof of publica. tion be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Brady moved to sus- pend the rules to let anyone pre. sent address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. A representative architect from Durrant, Deininger, Dommer, Kra. mer & Gordon submitted a presen. tation in graphic form of the pro- posed area to be occupied by Clinton Federal. Wm. Fuerste of Clinton Federal Savings Assn, ad- dressed the Council questioning "Should it not all be one classifica- tion in that area of the City". Affirmation of Planning & Zoning Commission is desired. Mr. Shel. don, President of Clinton Federal stated they want to build some- thing in conformity with other buildings in the area. ORDINANCE NO. 13.75 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 Resi- dence District" Classification to "Business District" Classification, said Ordinance having been pre- viously presented and read at the Council meeting of March 24, 1975, presented for final adoption. ORDINANCE NO. 13-75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA." SO AS TO CHANGE CERTAIN PROP- ERTY HEREINAFTER DESCRIBED Special Session, April 21, 1975 157 FROM "MULTIPLE RESIDENCE DIS- TRICT" CLASSIFICATION TO "BUSI- NESS DISTRICT" CLASSIFICATION. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE. CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 3- 74, 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" classification to "Business Dis- trict" classification the following describ- ed real estate, to wit: City Lot 623 and City Lot 624 in the Cip of Dubuque, Iowa. SECTION 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of April, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brad)- Allan radyAllan T. Thums Councilmen Attest: Leo F. Frommclt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of April 1975. Leo F. Frommelt City Clerk It. 4-24 Councilman Thoms moved final adoption of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. April 18, 1975 Honorable Mayor and City Council I attach a copy of "A Bill for an Ordinance Adopting a Code of Ethics for the Public Service of the City of Dubuque", which was submitted to you as a part of the minutes of the November 27th meeting of the Dubuque Advisory Commission. It is my understanding that you may discuss the Code Monday eve- ning, April 21st. I believe it my duty to present to you the follow- ing comments: I. The proposed Code does not seem to enhance the worth of municipal work and office. 2. The proposed Code is redund- ant. There already exist governing statute and oath of office. For example, Dubuque City officers solemnly swear to faithfully and impartially discharge all of the duties of office. 3. The procedure before a Board of Ethics, outlined in the Code, does not protect the rights of indi- vidual officers and employees. Several weeks ago Mr. Murray sent copies of the Code to the de- partment heads to give City em- ployees an opportunity to comment on the Ordinance. A limited num- ber of replies were received. Here, in briefed form, are some of the statements: I would object to: presenting my interpretation of the facts at issue in an open meeting. . Being guided by advisory opinion appears to mean unqual- ified acceptance. . The difficulty with the Board of Ethics is an attorney member employed by the Council, a Per- sonnel Director member employed by the City Manager and a lack of confidentiality. I disagree strongly with the cloak of a Code of Ethics—they should simply refer to such legisla- tion as legislation for "Rules and Regulations." I feel that the City of Dubuque does not need this type of legislation. . Speaking as a department head, I have recognized that the public interest must be the pri- mary concern. This has always been our policy. These comments and statements are at variance with the proposed Code. They are made, however, with a recognition of the work of the Advisory Commission and with an understanding of their Code purpose. Gilbert D. Chavenelle City Manager Mayor Justmann moved to RE- JECT the proposed "Code of Ethics" as submitted. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Thorns. Nays --Councilman Stackis. April 18, 1875 Iionorable Mayor and City Council I am returning to you the peti- tion of Ronald Weydert and others Special Session, April 21, 1975 158 Foothill Road and SECTION I. That Ordinance No. 33- "Traffic Committeee recommended that the intersection of Hillcreast Road and Keyway Drive be made a four way stop instead of the intersection at Foothill Road for Stop • g 49 known as the Code of Du. Keyway Drive. buque, low*" as amended be and the Traffic Committee reeom is hereby amended by enacting a The same mended that the intersection of new subsection 22 to Section B of Sched- I-Iillerest Road and Keyway Drive ule III thereof as follows: four way stop instead of "Schedule III be made a at Foothill Road. southbound B. hole bo ud andouthbeforocnt ve. the intersection copy of a letter from I submit a in support of this 22. Hillcrest Road and Keyway Chief O'Brien Drive." recommendation. Gilbert D. Chavenelle d e Passed, approved and adopted this 21st City Manager day of April, 1971. Councilman Thoms moved that C. Robert Justmann Mayor the communication be received and Alvin E. Lundh filed. Seconded by Councilman Emil Stackis Lundh. Carried by the following James E. Brady vote: Allan T. Thoms Yeas—Mayor Justmann, Council- Councilmen men Brady, Lundh, Stackis, Thoms. Attest: Leo F. Frommel[ Nays—None. City Clerk ORDINANCE NO. 14.75 Published officially in the Telegraph An Ordinance Amending Ord- Herald Newspaper this 24th day of inance No. 33.49 known as the April 1971 F. Frommel[ "Traffic Code of Dubuque, Iowa" City Clerk as amended by adding a new Subsection 22 to Section B of It 4-24 Councilman Thoms moved final Schedule III thereof to provide adoption of the Ordinance. Second - that Northbound and South- ed by Mayor Justmann. Carried by bound vehicles on Keyway Drive the following vote: must stop before entering the intersection of Hillcrest Road, Council - Yeas—Mayor Justmann, Council - presented and read. Councilman men Brady, Lundh, Stackis, Thoms. Thoms moved that the reading just Nays—None. had be considered the first read- Petition of Robert L. Reiseh et ing of the Ordinance. Seconded by al (76 signers), Janlin Plastic Em. Mayor Justmann. Carried by the ployees, clarifying a statement at the meeting of April 14th, following vote: Yeas—Mayor Justmann, Council- made relative to a notice posted on the men Brady, Lundh, Stackis, Thoms. plant bulletin board which seems Nays—None. to be untrue, and requesting that Councilman Thoms moved that the matter be reopened, presented the rule requiring an Ordinance and read. Councilman Thoms to be read on three separate days moved that the petition be re - be waived. Seconded by Mayor ceived and filed. Seconded by Justmann. Carried by the following Mayor Justmann. Carried by the vote: following vote: Yeas—Mayor Justmann, Council- yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. men Brady, Lundh, Stackis, Thoms. Nays—None. Nays—None. ORDINANCE NO. 14.75 Petition of Wayne Motor Sales AN ORDINANCE AMENDING OR- NO. 33-49 KNOWN AS requesting purchase Of approx. of Lot 1 Of WNANCE THE "TRAFFIC CODE OF DUBUQUE, one-half acre of part Sears Roebuck Sub. No. 2, pre. IOWA" AS AMENDED BY ADDING sented and read. Councilman A NEW SUBSECTION 22 TO SEC- Thoms moved that the petition be TION B OF SCHEDULE III THEREOF to the City Manager and TO PROVIDE THAT NORTHBOUND referred Staff. Seconded by Councilman AND SOUTHBOUND VEHICLES ON KEYWAY DRIVE MUST STOP BEFORE. Brady. Carried by the following ENTERING THE INTERSECTION OF vote: HILL.CREST ROAD. Yeas—Mayor Justmann, Council, NOW THEREFORE BE IT OR. men Brady, Lundh, Stackis, Thoms. DAINED BY THE CITY COUNCIL Nays—None. OF THE CITY OF DUBUQUE., IOWA: Special Session, April 21, 1975 159 Petition of Councilman Lundh requesting Council's consideration for the formation of a Rehabilita- tion Housing Commission, present- ed and read. Councilman Lundh moved that the petition be referred to Staff for refinement and to come back in final form at an ap- propriate time. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None, petition of Peoples Natural Gas Co. requesting permission to exca- vate on Loras, N. Grandview and Rhomberg to repair leaks and pro- vide cathodic protection, presented and read. Councilman Thorns moved that the petition be ap- proved subject to the approval of the City Engineer. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Petition of St. John's Episcopal Church requesting a demolition per- mit to demolish the house at 1.458 Locust Street, presented and read. Father Klohn and Dr, Lytle spoke in behalf of St. John's Episcopal Church's petition. Councilman Thorns moved that the permit be denied pending a report from Ad Hoc Advisory Committee not later than April 25th. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis, Thorns. Nays—None. Abstain—Councilman Lundh. Petition of Dubuque Bicentennial Committee requesting to address the Council to discuss a plan of action and the City's Commitment to participate in the next year and one half. Dennis Naughton address- ed the Council and presented two budget proposals. Mayor Justmann moved that Budget Alternate One be adopted and to be shared equally with the County. Seconded by Councilman Lundh. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 100-75 WHEREAS, on the 18th day of November 1974, the City Council of Dubuque, Iowa, passed, adopted and approved Resolution No. 386-74 approving the plat of Block 1, Block 2 and Block 3 in Timber Ridge Addition in the City of Du- buque, Iowa, subject to certain conditions set forth in said Resolu- tion; and WHEREAS, Section 3 of said Resolution provided that Richard C. Henschel and Mildred L. Hen- schel provide security as required in Section 2 of said Resolution within 45 days from the date of said Resolution; and WHEREAS, the said Richard C. Henschel and Mildred L. Henschel have posted the required security, but due to conditions beyond the control of the City, said security was not posted within the required 45 days from date of Resolution No. 386-74. NOW ThIEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the security posted by Richard C. Henschel and Mildred L. Henschel to secure per- formance of provisions of Section 2 of Resolution No. 386-74 be and the same is hereby approved, and the failure of Richard C. Henschel and Mildred L. Henschel to post the required security within 45 days of November 18, 1974, be and the same is hereby waived. Section 2. That the terms and provisions set forth in Resolution No. 386-74 be and the same re- main in force and effect as though the required security had been posted within the 45 day period as set out in said Resolution. Section 3. That the undersigned Richard C. Henschel and Mildred L. Henschel execute the acceptance hereto attached accepting the terms and provisions of Resolution No. 386-74 and the terms and pro- visions of Resolution No. 100-75. Passed, adopted and approved this 21 day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilman Attest: Leo F. Frommelt City Clerk 160 Special Session, April 21, 1975 ACCEPTANCE OF RESOLUTION NO. 386.74 AND RESOLUTION NO. 100-75 We, the undersigned, Richard C. Henschel and Mildred L. Henschel having read the terms and con- ditions of Resolution No. 386-74 and Resolution No. 100-75, and being familiar with the contents thereof hereby accept the same and agree to perform the conditions re- quired therein. s/ Richard C. Henschel s/ Mildred L. Henschel Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. February 25, 1975 Honorable Mayor and City Council This is to advise you that the 1973.Storm Sewer Improvement, in various locations in the City of Du- buque, Iowa, has been completed substantially in accordance with plans and specifications by M. F. Goerdt Construction Company, of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Issue; Sanitation & Golf Fund of the City of Dubuque. Passed, adopted and approved this 21st day of April, 1975. C. Robert Justmann Mayor Alvin E. Lundli Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor .Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays --None. FINAL ESTIMATE Resolution No. 101-75 WHEREAS, the contract for the construction of 1973 Storm Sewer Improvement Program has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, in- spection, and preparing the 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 $247,063.62. That None of the cost thereof shall be assessable upon private property and $247,063.62 shall be paid from the Storm Sewer Bond (A Resolution Accepting Improvement) RESOLUTION NO. 102.75 WHEREAS, the contract for the construction of 1973 Storm Sewer Improvement Program has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends 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 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 Storm Sewer bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 21st day of April, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Special Session, April 21, 1975 161 Attest: expresses its grateful thanks on Leo F. Frommelt 1 behalf of the inhabitants of this City Clerk community to the said Dominic W. Mayor Justmann moved adoption Goodmann for a splendid and out - If resolution. Seconded by standing tour of duty in the ser - Councilman Lundh. Carried by the mun ty his fellow man in this com- following vote: Yeas—Mayor Justmann, Council- Section 3: That a certified copy men Brady, Lundh, Stackis, Thoms, of this Resolution be delivered to Nays --None. Dominic W. Goodmann. I'assed, approved and adopted this 21st day of April, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen RESOLUTION NO. 103.7S WHEREAS, Dominic W. Good - mann was elected to public office as a member of the Park Board by a substantial vote of the electorate commencing his first term on the 24th day of April, 1963; and WHEREAS, Dominic W. Good- man has displayed, as a member Attest: of said Park Board, a devotion to Leo F. Frommelt the development of the City parks City Clerk and to the greater and wider use Mayor Justmann moved adoption thereof by all the inhabitants of of the resolution. Seconded by this community as well as by the Councilman Lundh. Carried by the visitors to this community; and following vote: WHEREAS, during the term of yeas—Mayor Justmann, Council - said Dominic W. Goodmann, men Brady, Lundh, Stackis, Thoms. through his relentless efforts and Nays—None. conscientious devotion to his duties, the park system of the City RESOLUTION NO. 10475 of Dubuque, Iowa, has enjoyed a WHEREAS, May 3, 1975 to May singular and outstanding growth 11, 1975 has been designated as to such an extent that the park • cautify Dubuque Week" and the system of the City of Dubuque, entire month of May has been Iowa, is looked upon with pride by designated as "Beautify Dubuque those who live within this com- Month"; and munity, and by those who enjoy WHEREAS, such project has the use thereof; and called upon the vast personal res - WHEREAS, Dominic W. Good- ources of the inhabitants of this mann resigned his office of Park community to respond in making Commissioner on the 9th day of such event a success; and April, 1975, and that said resigna- WHEREAS, the City Council of tion should be regretfully accepted. the City of Dubuque, Iowa, does NOW THEREFORE BE IT RE- wholeheartily endorse said civic SOLVED BY THE CITY COUNCIL effort; and OF THE CITY OF DUBUQUE, IOWA: WHEREAS, the City Council of Section 1: That the resignation the City of Dubuque, Iowa, desires of Dominic W. Goodmann as a to formally go on record in com- member of the Park Board of the mitting its spiritual assistance to City of Dubuque, Iowa, be and the the end that said project may en - same is hereby regretfully ac- JOY a City-wide acceptance and cepted. participation. Sectlon 2.: That the City Council NOW THEREFORE BE IT RE - of the City of Dubuque commends SOLVED BY THE CITY COUNCIL, Dominic W. Goodmann to the in- CITY OF DUBUQUE, IOWA; habitants of this community as a Section 1: That the City Council, faithful and loyal servant who has City of Dubuque, does hereby pro - served his community well and has claim the week of May 3, 1975 to displayed an uncommon devotion May 11, 1975, inclusive, as "Beaut- to the duties of his office, and that ify Dubuque Week," and that it the City Council further officially does hereby designate and establish 162 Special Session, April 21, 1975 the month of May as "Beautify Dubuque Month." Section 2: That the City Council, City of Dubuque, Iowa, urges every citizen and inhabitant of this com- munity to join in this worthwhile project and to participate in this community eventto the end a vital share in at each one may take the beautification of this commun- ity. Section 3: That the City Council does formally go on record in com- mitting its spiritual support to this vast community effort and encour- ages all inhabitants of this com- munity to lend whatever assistance is necessary to make this effort of nationwide significance. Passed, approved and adopted this 21st day of April, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor .Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 10S -7S 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 approved and licenses issued upon the com- pliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William Alfredo, Jr., & Robert E. Klauer, Dungeon, Ltd., 302 Locust Street Dorothy Hentges, Do - Drop - Inn, 2412 Central Avenue Mary A. Miller, Packy's Tap & Grill, 700 East 16th Street Knights of Columbus Council x'51( (also Sunday Sales), 781 Locusl Street Passed, adopted and approved this 21st day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 106-75 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 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 William Alfredo, Jr., & Robert E. Klauer, Dungeon, Ltd., 302 Locust Street Dorothy Hentges, Do -Drop -Inn, 2412 Central Avenue Mary A. Miller, Packy's Tap & Grill, 700 East 16th Street Knights of Columbus Council *510 (also Sunday Sales), 781 Locust Street Passed, adopted and approved this 21st day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Special Session, April 21, 1975 163 Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. At 10:20 P.M. Councilman Thorns moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. Council reconvened in Regular Session at 10:29 P.M. At that time, Councilman Stackis moved the fol- lowing appointments: James Rich- ard reappointed to Board of Zoning Adjustment, term expiring March 5, 1980; Howard O. Hagen, term expiring June 1, 1977 and T. Paul Milbrandt, term expiring June 1, 1976, to the Advisory Commission; William Herrig and Gerald Guy to Board of Appeals for the Building Code to serve remainder of a two year term to December 31, 1975. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. There being no further business, Councilman Thorns moved to ad- journ to April 25, 1975 at 4:30 P.M. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, I.undh, Stackis, Thorns. Nays—None. Leo F. Frommelt City Clerk Approved July 28, 1975 Adopted July 28, 1975 Adjourned Special Session, April 25, 1975 CITY COUNCIL Ad Hoc Advisory Committee, Mayor Justmann moved that the permit be granted. Seconded by Council - OFFICIAL man Thorns. Carried by the fol- lowing vote: Adjourned Special Session, April yeas—Mayor Justmann, Council - 25, 1975, men Brady, Stackis, Thoms. Council Met at 4:30 P.M. (C•D•T•) Nays—None. Present.—Mayor Justmann, Coun- Abstain --Councilman Lundh. oilmen Lundh, Stackis, Thorns. City Mayor Justmann moved that the Manager Gilbert D. Chavenelle. City Solicitor be directed to draw- Absent—Councilman Brady at up an Ordinance pertaining to Roll Call. "No Smoking on City Busses". Mayor Justmann read the call Seconded by Councilman Thoms. and stated that service thereof had Carried by the following vote: been duly made and this is AN yeas—Mayor Justmann, Council - ADJOURNED MEETING OF APRIL men Brady, Lundh, Stackis, Thorns. 21, 1975, called for the purpose of Nays—None. CONSIDERING A REQUEST BY ST. JOHN'S EPISCOPAL CHURCH FOR A DEMOLITION PERMIT and acting upon such other business as may properly come before the meeting. At 4:33 P.M. Councilman Thoms moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. COUNCILMAN BRADY ENTER- ED THE COUNCIL CHAMBERS AT 4:55 P.M. Council reconvened at 4:55 P.M. Mayor Justmann made the follow- ing appointments: Advisory Com- mission: Steven .McGrath and Judi Wagner, term expiring June 1, 19X Board of Appeals - Building Permits: Donald G. Schroeder, re- mainder of two year term to Dec- ember 31, 1975; Cable -TV Advisory Committee: Charles Ellis, James Reiner, Thomas Faulkner, Don Allendorf, William Conzett, Wil- liam Alfredo and Karen Ryker. Councilman Thoms moved ratifica- tion of the appointments. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of St. John's Episcopal Church requesting a demolition permit to be able to demolish the house at 1458 Locust Street, presented and read. Upon report of the Historic Preservation RESOLUTION NO. 107-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. LaVon Scull, Bonnie's Brunch, 1298 Central Avenue Passed, adopted and approved this 25th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Councilmen Brady, Lundh, Stackis, Thorns. Nays -Mayor Justmann. RESOLUTION NO. 108.75 "EREA$, applications for Beer Pern}its ve beep submitted to this Cou 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. Adjourned Special Session, April 25, 1975 185 CLASS "B" BEER PERMIT Herbert F. Bisping, City Tavern, 1401 Elm Street Passed, adopted and approved this 25Lh day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 109.75 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 "S" BEER PERMIT Herbert F. Bisping, City Tavern, 1401 Elm Street Passed, adopted and approved this 25th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoma Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 110.75 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 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 Joyce I- Moeller, "Oriole Oasis" 1604 Central Avenue Passed, adopted and approved this 25th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 111.75 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 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 Joyce L. Moeller, "Oriole Oasis", 1604 Central Avenue 166 Adjourned Snecial Session, April 25, 1975 passed, adopted and approved this 25th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman I.undh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. There being no further business, Councilman Stackis moved to ad. journ. Seconded by Councilman Thoms. Carried by the following vote.: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved July 28, 1975 Adopted July 28, 1975 Councilmen City Clerk Special Session, April 28, 1975 187 CITY COUNCIL OFFICIAL Special Session, April 26, 1975. Council Met at 7:30 P.M. (C.D.T.) present ---Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Absent—Councilman Brady Mayor Justmann 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 PROPERLY COME BE. FORE THE MEETING. Communication of Board of Dock Commissioners submitting minutes of their meetings of March 20 and April 9, 1975, presented and read. Councilman Thoms moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Communication of Iowa Depart- ment of Environmental Quality submitting a report of an investiga- tion of the Wastewater Treatment Plant which is working at a high level and the operation and main- tenance program is adequate, pre- sented and read. Councilman Thoms moved that the communica- tion be received and filed. Second. ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council. men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Communication of Area One Vo. cational-Technical School looking for city owned land that can be used for garden plots on a rental basis also that private citizens may have lots available, presented and read. Mayor Justmann moved that the communication be referred to the City Manager for report. Sec- onded by Councilman Lundh. Car. tied by the following vote: Yeas --Mayor Justmann, Council- men, Lundh, Stackis, Thoms. Nays—None. Absent ----Councilman Brady. Communication of Ms. Sharon Barr submitting reports of the study committee on City -County Health Department merger, pre- sented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if thev so desire. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Dr. Howell, Sharon Barr and Art Roth spoke relative to the com- munication and report. Mayor Just - mann moved that the communica- tion be received and filed and recommendation of Study Com- mittee be implemented. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Councilman Thoms further moved that the report be referred to the City Manager and Staff for con- sideration and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays--None. Brady. Communication of Low -Rent Housing Commission submitting minutes of their meeting of April 15, 1975, presented and read. Councilman Thoms moved that the minutes be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Communication of Citizens Ad- visory Commission submitting min- utes of their meeting of April 22, 1975, presented and read. Council- man Thoms moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Luridh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements; also 288 Special Session, April 28, 1975 List of Claims for March, 1975, pre- sented and read. Councilman Thoms moved that the proof of publica- tion be received and filed.Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thom'. Nays—None. Absent—Councilman Brady. April 24, 1975 Honorable Mayor and City Council At your meeting you received a communication from the Illinois Department of Transportation about Indirect Source Regulation of air pollutants. You instructed me to send a copy of this report to the Iowa Department of Environmental Quality and request information as to the development of local stand- ards for the state of Iowa. I attach a copy of a letter re- ceived from Mr. Stanek, Director cf the Air Quality Management Division. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication of City Manager be received and filed and a copy of communication received from Mr. Stanek be sent to area legislators. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. April 22, 1975 Honorable Mayor and City Council I have appointed Merle A. Vier - tel and Robert L. Mond as members of the Heating, Ventilating, Air. Conditioning and Refrigeration Board for three year terms begin- ning March 15, 1975. I request your confirmation of these appointments. Gilbert D. Chavenelle City Manager Councilman Thoms moved thal the communication be receivec and filed and appointments ap proved. Seconded by Mayor Just mann. Carried by the following vote: Yeas—Mayor Justmann, Council men Lundh, Stackis, Thoms. Nays—None, Absent—Councilman Brady. April 23, 1975 3onorable Mayor and City Council I have approved the Sidewalk ,onstruction Bond of Patrick T. 3'Dowd, Bond No. 55-54096, issued )y United Fire & Casualty Co., dated ApAl 1, 1975. I desire to have your approval of same for filing purposes. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and filing approved. Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. April 24, 1975 Honorable Mayor and City Council I am returning the notice of the Federal Aviation Administration concerning a proposed heliport at Mercy Medical Center. The staff has reviewed the pro- posal and I attach a copy of my letter to the federal agency in which I have listed their com- ments. I have also sent a copy of the letter to Mercy Medical Center. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays --None. Absent—Councilman Brady. Notice of Claim of Charles Nien- steadt, in the amount of $378., for personal property damage incurred as the result of a leaky water meter after installation at 2230 White St. on April 16, 1975, pre- sented and read. Councilman Lundh moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Notice of Claim of Marcia K. Clark, in the amount of $7£5.98, for Special Session, April 28, 1975 169 car damagt incurred as the result of a parking ramp gate operating improper at the Iowa Street Park. ing Ramp on April 8, 1975, pre- sented and read. Councilman Lundh moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thorns. Nays—None. Absent—Councilman Brady. Notice of Suit of Stella L. Reuter, in the amount of $35,000., for per- sonal injuries received in a fall on a defective sidewalk at 1610 Lin- coln Avenue on February 1, 1975, presented and read. Councilman Lundh moved that the notice of suit be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thorns. Nays—None. Absent—Councilman Brady. April 21, 1975 Honorable Mayor and' City Council On February 21, 1975, claim was filed on behalf of Julie Kay Aven- arius, 2980 Oak Crest Drive, Du- buque, by Mrs. Milton Avenarius, Jr., claiming that Julie Kay Aven- arius received a broken right arm on January 23, 1975, as a result of a fall on the ice at Comiskey Skat- ing Rink, and alleging another skater tripped her. This matter was referred to the appropriate City agency who has made an investigation thereof and finds no liability on the part of the City for this incident. In view of the foregoing, it is the recom- mendation of the City Attorney that the claim of Julie Kay Aven- arius be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Lundh moved that the communication be received and filed and recommendation of denial be approved. Seconded by Mayor Justmann. Carried by the following vote- Yeas—Mayor Justmann, Council- man Lundh, Stackis, Thorns. Nays --None. Absent—Councilman Brady. April 23, 1975 Honorable Mayor and City Council On February 25, 1975, notice of claim for injury was filed on be- half of Mrs. Vaughn Radabaugh, 623 West Eighth Street, Dubuque, by her attorney claiming damages in the amount of $10,000.00 and alleging said claimant received per- sonal injuries on or about January 4, 1975, as the result of a fail on City owned steps along the north side of West Eighth Street ad- jacent to the residence known as 623 West Eighth Street. This matter was referred to the City Attorney who has made an investigation thereof and finds that the point of the fall by claimant was at or about the steps abutting the premises occupied by the claimant and finds no actionable negligence on the part of the City of Dubuque. It is therefor recom- mended by the City Attorney that said claim of Mrs. Vaughn Rada- baugh be denied. Original notice of claim is re- turned herewith. R'. N. Russo City Attorney Councilman Lundh moved that the communication be received and filed and recommendation of denial be approved. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thorns. Nays—None. Absent—Councilman Brady. April 23, 1975 Honorable Mayor and City Council On May 7, 1975, petition was filed in the District Court of Iowa in and for Dubuque County, Iowa, being Law No. 40190 wherein Judy A. Kramer was plaintiff and City of Dubuque and Dubuque County, Iowa, were named defendants, and praying for damages for wrongful retention of plaintiff's automobile in the amount of $2,610.00 plus $10.00 daily storage charges and punitive charges in the amount of $30,000.00. 170 Special Session, April 28, 1975 This matter was referred to the City Attorney's office who inter - defenses posed the appropriate therefor. Said matter has been compromised and settled and the plaintiff has filed dismissal with prejudice in said Court and this closes the matter. Original Petition is returned herewith. R. N. Russo City Attorney Councilman Lundh moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Petition of Richard D. Mills et al making inquiry as to why there never has been a sidewalk on the east side of White Street adjoin- ing Eimer's Florist in the 2800 block, presented and read. Council- man Lundh moved that the petition be referred to the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Petition of KDTH requesting per- mission to have a fireworks display on night of July 4, :975, following Packers Baseball Game at Petrakis Park, presented and read. Council- man Lundh moved that the petition be received and filed and approved subject to policy recently ap- proved. Seconded by Councilman Stackis. Vote on the motion was as follows: Yeas—Councilman Stackis, Nays—Mayor Justmann, Council. men Lundh, Thoms. Absent—Councilman Brady. MOTION FAILED. Petition of Herbert J. Bisping on behalf of Harold Miller, owner, re- questing reclassification of Lot 10 of Block 3 in Mettel-Link Sub- division, from Single Family to Multifamily with professional office use, presented and read. Council. man Stackis moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. RESOLUTION NO. 112-75 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 Cigar. ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Thomas Astgen, Oky Doky #11, 1101 Rhomberg Avenue Passed, adopted and approved this 28th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. RESOLUTION NO. 113.75 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 PERMIT Thomas Astgen, Oky Doky #11, 1101 Rhomberg Avenue Passed, adopted and approved this 28th day of April 1975. C, Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Special Session, April 28, 1975 171 Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays -None. Absent—Councilman Brady. RESOLUTION NO. 114-75 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; NOVO' 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 Thomas Astgen, Oky Doky #11, 1101 Rhomberg Avenue Passed, adopted and approved this 28th day of April 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Approved .....J ..3...2 .+.......1975. Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. There being no further business, Councilman Thoms moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Thoms. Nays—None. Absent—Councilman Brady. Leo F. Frommelt City Clerk Councilmen Approved July 28, 1975 Adopted July 28, 1975 Regular Session, May 5, 1975 173 CITY COUNCIL OFFICIAL Regular Session, May 5, 1975. Council met at 7:30 P.M. (C.Dann) Present — Mayor Councilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service eand thereof this had been duly made meeting is the REGULAR MONTH. LY MEETING of the Council called for the purpose of acting upon such business as may prop- erly come before the meeting. Communication of Youth Ser- vices Board of Directors submit- ting minutes of their meeting of March 25, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Human Rights Commission submitting minutes of their meeting of April 10, 1975, presented and read. Mayor Just - mann moved that the minutes be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of April 29, 1975, presented and read. Ma- yor Justmann moved that the min- utes be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays—None. Communication of Dubuque County Historical Society express ing concern as to the possible re moval of street light standard. from Central Ave., Lower Mai Street and Washington Park an urging the City to carefully stud the situation before another lin of the past is sacrificed, presente and read. Councilman Brady moved that the communication be re- ceived and filed and referred to the Council. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Teleprompter Cable TV advising that certain proposals or legislation requiring the deletion of Sports Program- ming on the Cable System are be- ing considered by the Federal Communications Commission and submitting a proposed resolution for the Council objecting to such action, presented and read. Coun- cilman Brady moved to suspend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays --None. Mr. Bill Mason addressed the Council relative to the communi. cation. Councilman Thoms moved that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. RESOLUTION NO. 151.75 Adopted by the City Council of Dubuque, Iowa 5`2001, on Monday, May 5, 1975, Whereas: The Federal Communi- cations Commission and the Con- gress of the United States are con- sidering certain legislation and proposals which, if adopted, would require a substantial portion of present and/or future cable tele- vision sports programming to be blacked out. Whereas: Professional and col- lege sporting events are a major attraction for cable television sub- scribers in Dubuque, Iowa and East Dubuque, Ill. and such events at- tract a substantial portion of the viewing audience of cable televi- s sion systems. Main Whereas: Extensive capital ex- penditures have been made by the y local cable television company in k bringing cable television service d to the systems of Dubuque, Iowa 174 Regular Session, May 5, 1975 and East Dubuque, Illinois, and the economic viability of such com- pany will be substantially and ad- versely affected by the enactment of this legislation or these propos- als. Now, therefore be it Resolved: That the City Council of Dubuque, Iowa respectfully re- quests the Congress of the United States and the Federal communi- cations Commission to delete pro- visions relating to the blacking out of sports programming pres- ently being carried or which in the future may be carried by cable television systems from legislation or proposals now being considered by such bodies; and be it Resolved: That copies of these resolutions be transmitted to each of the Commissioners of the Fed- eral Communications Commission and to our congressmen and sena- tors in Washington, D.C. Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thorns. Nays—Mayor Justmann. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Communication of Iowa Depart- ment of Environmental Quality submitting a proposed priority cri- teria and project list for 1976 Mu- nicipal Waste Water Treatment construction grants and further ad- vising of a public hearing to be held in Des Moines on May 28th, presented and read. Mayor Just - mann moved that the communi• cation be received and filed. Sec. onded by Councilman Stackis. Car. ried by the following vote: Yeas — Mayor Justmann, Coun oilmen Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Department of Transportation submitting pro posed rules relating to "Organiza tion," "Negotiated Contractor Se lection" and "Airport Developmen Program," presented and read. Ma yor Justmann moved that the com nunication be received and filed, icconded by Councilman Stackis. 'arried by the following vote: Yeas — Mayor Justmann, Coun- ,ilmen Brady, Lundh, Stackis, I'homs. Nays—None. Communication of Department ;)f Transportation submitting rules For improvement and maintenance on Urban Extensions of the Pri- mary System: Federal Aid Urban System and implementation pro- cedures for project construction: Preparation of Street System maps for Road Use Tax allocation; Bike- way and walkway facilities; Sign- ing on Primary Roads; Speed zon- ing on Primary Highways; Accom- modations of public and private utility facilities within the right of way of Iowa's Primary road sys- tem, presented and read. Mayor Justmann moved that the commu. nication be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. April 22, 1975 Mrs. Vicki Howard 2276 Woodworth St. At council meeting April 21, the council considered your petition about Woodworth Street and de- layed taking any action until I in- formed you of the staff recommen- dation. The purpose of the delay was that you might wish to at- tend the meeting at which your petition would again be considered or that you might wish to present further information. I am enclosing a copy of my let- ter to the council recommending that no further action be taken, a copy of Chief O'Brien's letter of April 14 and a copy of your peti- tion. Even though the council indi- cated that the matter will be con- sidered at their next meeting, it is difficult to state whether the meeting will be April 28 or May 5. 1 will request that it be brought up May 5. Gilbert D. Chavenelle City Manager Mrs. Vicki Howard failed to ap- pear. Mayor Justmann moved that the communication be received and filed, Seconded by Councilman Regular Session, May 5, 1975. 175 Brady. Carried by the following vote: Yeas — Mayor Justmann,Lundh, Stackis, Coun- cilmen, iBrady, Thoms. Nays—None. April 30, 1975 Honorable Mayor and Members of the City Council I have approved the Sidewalk Construction bond of Phillip Mihalakis, d/b/a O.K. Ifome Im- provements of Dubuque, Iowa: Merchants Mutual Bonding Com- pany of Des Moines, Iowa as sure- ty, and dated April 22, 1975, and request approval by your Honor- able Body. Gilbert D. Chavenelle City Manager Mayor Justmann moved that communication be received and filed and filing be approved. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Printed Council Proceedings for the month of March, 1975, present- ed for approval. Mayor Justmann moved that the council proceed- ings be approved as printed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Iowa District Court (Small Claims Division) by Joseph J. Rupp, Plaintiff, in the amount of $96.82, for car damage incurred as the result of striking a defective manhole cover on Loras Blvd. on April 18, 1975, presented and read. Councilman Thoms moved that the notice of Iowa District Court. be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Mrs. Frederic D. Frick, in the amount of $73.80, for car damage incurred as the re- sult of driving into a street ex- cavation at 1800 Clarke Drive dur- ing March, presented and read. Councilman Thoms moved that the notice of claim be referred to the City Solicitor for proper proceed- ngs. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. April 30, 1975 Honorable Mayor and City Council On the 18th day of February, 1975, David L. Meier. Box 372, LaCrosse, Wisconsin 54601, filed claim against the City of Dubuque in the amount of $2,380.00 as dam- ages claiming that the car alleged- ly owned by him was wrongfully impounded by the Police Depart- ment of the City of Dubuque, Iowa, and while in its custody same was stolen resulting in loss of person- al property to the applicant as he claimed. I have made an investigation of this matter and received reports from the Police Department of the City of Dubuque, Iowa, and have examined the same and it is the opinion of the City Attorney's of- fice that said claim should be de. nied as the claimant's claim does not appear to be supported by the facts. Accordingly, it is the recommen- dation of the City Attorney that the claim of David L. Meier be denied and original claim is re- turned herewith. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of denial be approved. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. AN ORDINANCE amending Or- dinance No. 36.55 by enacting a new Subsection E to Section 1 thereof to prohibit smoking in bus- es, and in any other motor vehicles hauling fare -paying passengers op- erated by the Dubuque Transit Authority, City of Dubuque, Iowa, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun- cilman Stackis. Carried by the fol - I lowing vote: 176 Regular Session, May 5, 1975 Yeas — Mayor Justmann, Coun cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman 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 Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Thoms moved that a public hearing be held on the Ordinance on May 19, 1975, 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 Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Edward E. Deegan requesting forgiveness of payment of $500., balance of the Grandview Avenue assessment for street con- structed in 1973, presented and read. Councilman Brady moved that the petition be received and filed and denied with regret. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. Petition of Councilman Alvin Lundh requesting time for recon- sideration of KDTH request for a July 4th Fireworks display at Pe- trakis Park, presented and read. Councilman Lundh moved that the reconsideration be granted. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis. Nays—Mayor Justmann, Council- man Thoms. Councilman Lundh moved that KDTH's request for the July 4th Fireworks Display be approved subject to the approval of the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis. Nays—Mayor Justmann, Council- man Thoms. Petition of John Zurcher of 2640 Marquette Place requesting vaca- tion of an alley abutting his prop- erty, presented and read. Mayor Justmann moved thatthe petition be received and filed and a report be given to the Council by Mayor. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Art Pape, Chairman of the Convention Committee, re- questing that 2nd Street from Main to Iowa be blocked off for two days in August to use for ex- hibit space during the Iowa Motor Truck Assn. 1976 Convention, pre- sented and read. Councilman Thoms moved that the petition be received and filed and referred to the City Manager and Traffic De- partment. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Julien Motor Inn re- questing consideration in granting permission to the Iowa Motor Truck Ass'n. to block off 2nd Street from Main to Iowa for their August 1976 convention, presented and read. Councilman Thoms moved that the petition be re- ceived and filed and referred to the City Manager and Traffic De- partment. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Westchester Inc., re- questing permission to install five street lights on South Way and Dana Drive, presented and read. Councilman Lundh moved that the petition be approved and referred to the Manager for ratification. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Thompson Food Mar- kets of Oky Doky #11 Rhomberg Ave., requesting a refund of $56.25 on unexpired portion of Regular Session, May 5, 1975 177 Class "C" Beer Permit No. 0505, presented and read. Councilman Thorns moved that the refund be granted and the City Auditor di- rected to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. April 25, 1975 Honorable Mayor and Citv Council I hereby submit the attached sheets no. 1 to 7, inclusive, show. ing a schedule of the proposed valuations and assessments for the City of Dubuque 1975 Asphalt Pav- ing Project No. I. Submitted April 30, 1975. John L. White, P.E. City Engineer Councilman Thorns moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 115.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets no. 1 to 7, inclusive, are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1975 Asphalt Paving Project No. 1, and the val- uations set out therein, are here- by approved. Adopted this 5th day of May, 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 116.75 Preliminary approval of plans, specifications, form of contract, plat and all other documents, in- cluding all items of material and work required for the construction of City of Dubuque 1975 Asphalt Paving Project No. ] on the fol- lowing named streets: at an esti- mated cost of $727,236.00, pre- sented and read. SECTION I Dodge Street from the east curb line of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. SECTION II Dodge Street widening from the east curb line of Grandview Ave- nue to a point 325 feet east of the east curb line of Grandview Ave- nue. SECTION III 1. Alley from the west end of Cherry Street to the nortL curb line of Pennsylvania Avenue. 2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Asbury Road from the east property line of Crissy Drive to the west property line of Carter Road. 4. Edison Street from the west curb line of Althauser Street to the east curb line of Stafford Street. 5. East Fourteenth Street from the east curb line of White Street to the west curb line of Elm Street. 6. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet east of the Over- pass. 7. Grandview Avenue from the north curb line of Kaufmann Ave- nue to the north curb line of Kane Street. 8. Loras Blvd. and University Avenue Intersection—Island 9. Mount Carmel Road from the north property line of South Grandview Avenue north 517 feet to the end of the existing concrete pavement. 10. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 11. Pennsylvania Avenue from the west curb line of John F. Ken- 178 Regular Session, May 5, 1975 nedy Road to the west property line of Key Knolls Subdivision, 12. Rockdale Road from the south property :ine of A. H. Oeth Subdivision No. 4 to the old City limits, a distance of 2,121.27 feet. 13. Ninth Street and University Avenue Intersection—widening at the southeast corner. Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Necessity for Improvement) RESOLUTION NO. 117.75 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 assessment limits if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the 1475 ASPHALT PAVING PROJECT NO. 1 SECTION 1 Dodge Street from the east curb line of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. SECTION 11 Dodge Street widening from the east curb line of Grandview Ave- nue to a point 325 feet east of the east curb line of Grandview Avenue. SECTION III 1. Alley from the west end of Cherry Street to the north curb line of Pennsylvania Avenue. 2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Asbury Road from the east property line of Crissy Drive to the west property line of Carter Road. 4. Edison Street from the west curb line of Althauser Street to the east curb line of Stafford Street. 5. East Fourteenth Street from the east curb line of White Street to the west curb line of Elm Street. 6. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet east of the Over- pass. 7. Grandview Avenue from the north curb line of Kaufmann Ave. nue to the north curb line of Kane Street. S. Loras Blvd. and University Avenue Intersection—Island. 9. Mount Carmel Road from the north property line of South Grandview Avenue north 517 feet to the end of the existing concrete pavement. 10. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 11. Pennsylvania Avenue from the west curb line of John F. Ken. nedy Road to the west property line of Key •Knolls Subdivision. 12. Rockdale Road from the south property line of A. H. Oeth Subdivision No. 4 to the old City li►nits, a distance of 2,121.27 feet. 13. Ninth Street and University Avenue Intersection—widening at the southeast corner. BE 1T 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 improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun. cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement Regular Session, May 5, 1975 179 will be so an d pr p uon eagainst all privately property g w7thin assessable distance pro- vided by law and in an amount not to exceed the a mo 11 t be ovassessed law, property whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred there- by, and any deficiency shall be Paid out of the general fund, im. provement funds or sewer funds, or partly out. of each of said funds. Street Improvement Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of May, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen feet east of the east curb line of Grandview Avenue. SECTION II Dodge Street widening from the east curb line of Grandview Avenue to a point 325 feet east of the east curb line of Grandview Avenue. Attest: Leo F. Frommelt City Clerk Councilman Thorns moved ap- proval of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Fixing date of hearing) RESOLUTION NO. 118.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 11675 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 pub- lic inspection, for the construction of the City of Dubuque 1975 As- phalt Paving Project No. 1: SECTION 1 Dodge Street from the east curb line of Bluff Street to a point 325 SECTION III 1. Alley from the west end of Cherry Street to the north curb line of Pennsylvania Avenue. 2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Asbury Road from the east property line of Crissy Drive to the west property line of Carter Road. 4. Edison Street from the west curb line of Althauser Street to the east curb line of Stafford Street. 5. East Fourteenth Street from the east curb line of White Street to the west curb line of Elm Street. 6. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet east of the Overpass. 7. Grandview Avenue from the north curb line of Kaufmann Av. enue to the north curb line of Kane Street. B. Loras Blvd. and University Avenue Intersection -Island. 9. Mount Carmel Road from the north property line of South Grand. view Avenue north 517 feet to the end of the existing concrete pave- ment. 10. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 11. Pennsylvania Avenue from the west curb line of John F. Ken- nedy Road to the west property line of Key Knolls Subdivision. 12. Rockdale Road from the south property line of A. H. Oeth Subdivision No. 4 to the old City limits, a distance of 2,121.27 feet. 13. Ninth Street and University Avenue Intersection—widening at the southeast corner. and, Reso• WHEREAS, the proposed lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's T THEREFORE RESOLVED B that on the 27th day of May, 1875. Regular Session, May 5, 1975 a public hearing will be held at 7:30 o'clock P.M., DST in the Coun- cil Chamber in the City of Dubuque at which time the owners of prop. erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed 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 against any lot and to the passage of the pro- posed Resolution 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 published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration 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 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councliman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Brady moved and di- rected City Manager and City En- gineer consider Signalization and diverters as one project in the Washington Neighborhood and that one not proceed without the other. Seconded by Councilman Stackis Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Stackis. Nays --Councilman Thoms. Abstain --Councilman I.undh. Dr. 1,aube and Mr. Paul Gabriel - son, administrator of Bethany Home, addressed the Council in behalf of Bethany Home prior to presentation of the following reso. lution of Intention to issue bonds for the Bethany }come Project. RESOLUTION NO. 119-75 A RESOLUTION of intention to issue not to exceed $1,750,000 aggregate principal amount of Industrial Development (Health Care Facility) Revenue Bonds (Bethany Home Project) of the City of Dubuque, Iowa, and call- ing a public hearing on the pro- posal to issue the bonds. WHEREAS, the City of Dubuque, Iowa, (hereinafter referred to as the "City"), is authorized by Chap- ter 419 of the Code of Iowa, 1973, as amended, (hereinafter referred to as the "Act"), to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping any land, buildings or improvement suitable for the use of any voluntary non- profit health care facility: and WHEREAS, Bethany Home, (here- inafter referred to as the "Health Care Facility"), a non-profit cor- poration and an organization de- scribed in Section 501(c)(3) of the Internal Revenue Code of 1954, a' amended, (hereinafter referred to as the "Code"), and exempt from taxation under Section 501(a) of the Code, has requested the City to issue and sell its Industrial De. velopment (Health Care Facility) Revenue Bonds (Bethany Home Project) pursuant to the provisions of the Act, for the purpose of defraying the cost of acquiring, constructing, improving and equip- ping an addition and related and appurtenant improvements and fa- cilities to existing health care fa- cilities of Bethany Home located in the City, and, in the event title is conveyed to the City to lease or sell said addition and related and appurtenant improvements and fa- cilities to the Health Care Facility or loan the proceeds from the sale of said bonds to the Health Care Facility, which addition and re- lated and appurtenant improve- Regular Session, May 5, 1975 181 ments and facilities shall consti- the provisions of the Act. All tute a ,Project," as that term is local residents who appear at said defined in the Act (hereinafter re- hearing shall be given an op - to as the "Project"); and portunity to express their views ferred WHEREAS, the city has deter. for or against the proposal to mined that the amount necessary to issue the Bonds; and at said hear - defray the cost of acquiring, con- ing, or any adjournment thereof, structing, improving and equipping this City Council shall adopt a the Project, including necessary ex• resolution determining whether or incidental thereto, will re- not to proceed with the issuance of penses the issuance by the City of the Bonds. quire to exceed $1,750,000 aggregate Section 3. The City Clerk of the not amount of its Industrial City is hereby directed to publish principal Development (Health Care Facility) one time not less than fifteen (15) Revenue Bonds (hereinafter refer. clear days prior to the date fixed red to as the ''Bonds"), pursuant to for said hearing in The Telegraph the provisions of the Act; and Herald, a legal newspaper publish - WHEREAS, the Bonds shall be ed and having a general circulation limited obligations of the City, and within the City, a notice of inten. the principal of and interest on the tion to issue the bonds in substan- Bonds shall be payable solely out tially the following form: of the revenues derived from the NOTICE OF IINTENTION 110 Project to he financed by the ISSUE BONDS Bonds; and Notice is hereby given that the WHEREAS, this City Council, in City Council of the City of Du - accordance with the requirements buque, Iowa, did on May 5, 1975, of Section 9 of the Act, now deems adopt a resolution declaring its it necessary and advisable to direct intention of issuing not to exceed the publication of notice of inten- $1,750,000.00 aggregate principal tion to issue the Bonds and to amount of Industrial Development provide for a public hearing at (Health Care Facility) Revenue which all local residents who ap- Bonds (Bethany Home Project) pear at such hearing may have an of the City for the purpose of ac - opportunity to express their views quiring, constructing, improving for or against the proposal to issue and equipping an addition and re - the Bonds: lated and appurtenant improve - NOW, THEREFORE, Be It and ments and facilities to existing It Is Hereby Resolved by the City health care facilities of Bethany Council of the City of Dubuque, Home, and leasing or selling said Iowa, as follows: addition and related and appur- Section 1. This City Council does tenant improvements and facilities hereby declare its intention to to said health Care Facility or the from the sale issue Bonds in an aggregate princi- Pal amount not to exceed $1,750,- loaning proceeds of said bonds to said Health Care 000.00 pursuant to the Act for the Facility, pursuant to Chapter 419 purpose of defraying the cost of ac- of the Code of Iowa, 1973, as quiring, constructing, improving amended. A public hearing on issue the afore - and equipping the Project, and, in the proposal to bonds shall be conduct - the event title is conveyed to the mentioned the City Council of the City, to lease or sell this Project to the Health Care Facility or loan ed before City in the Council Chambers at the proceeds from the sale of the the City Hall, in the City of Du. 7:30 o'clock P.M., Bonds for payments by the Health buque, Iowa, at Care Facility sufficient to pay the on May 27, 1975. the if issued, and the principal of and premium, if any, and interest on the Bonds. The Bonds, interest thereon, and any pr em - will be payable solely out of Section 2. A public hearing on iurn, derived from the pro" the proposal to issue the Bonds the revenues jcct to be financed by the Bonds shall be conducted on May 27, 1975, at 7:30 o'clock P.M., before and shall never constitute an in. the City within the this City Council in the Council debtedness of any state constitutional Chambers at the City Hall in the meaning of limitation, City of Dubuque, Iowa, pursuant to provision or statutory 182 Regular Session, May 5, 1975 and shall not iarytitute nor l ability oftive herise to a pecn City or a charge against its gen- eral credit or taxing powers. All local residents who appear at said hearing will be given an op- portunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjournmentthereof, the City Council of said City will adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council. Leo F. Frommelt City Clerk of the City of Dubuque, Iowa Section 4. All resolutions and or, ders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this resolution shall be in full force and effect immediately upon its adoption. Passed and approved, May 5, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. May 1, 1975 Honorable Mayor and Members of City Council One of the provisions of the Contract for the Sale of Urban Re- newal Land requires that the City of Dubuque provide the developer with a Certificate of Completion to evidence that the obligation of the purchaser to construct the improve- ments described in the contract has been satisfactorily met. The following redevelopers have complied with this contractual ob. ligation and the appropriate reso- lutions are attached. Franchise Realty Interstate Cor- poration McDonald's Restaurant Canfield, Inc. Investment Planning, Inc. R & S Enterprises, Inc, Renier Piano & Organ Co., Inc. Fischer, Inc. Gent M. Wittenberg Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 120-75 Authorizing the execution of a Certificate of Completion for Franchise Realty Interstate Cor. poration. WiiEREAS, under date of Au. gust 22, 1972, the City of Dubuque entered into a Contract for the Sale of Land for Private Redevelop- ment with Franchise Realty Inter- state Corporation for the real es- tate hereinafter described; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque under date of September 13, 1972, to Franchise Realty Inter- state Corporation who constructed thereon certain improvements; and WIIEItEAS, Section 307 of said contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Fran- chise Realty Interstate Corporation a Certificate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily completed; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for Franchise Realty Interstate Cor- poration for the improvements lo- cated on Lot 2 of Block 4 and the Northerly 43 feet of Lot 1 of Block 5 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. Section 2. That the Clerk be and he is hereby authorized and direct- ed to file a copy of this resolution and the executed. copy of the Cer- tificate of Completion in the office of the County Recorder and in and for Dubuque County, Iowa. Regular Session, May 5, 1975 183 Passed, approved and adopted I Section 2. That the Clerk be and this 5th day of May, 1975. he is hereby authorized and direct - C. Robert Justmann ed to file a copy of this resolution Mayor and the executed copy of the Cer- Alvin E. Lundh tificate of Completion in the office Emil Stackis of the County Recorder in and for James E. Brady Dubuque County, Iowa. Allan T. Thoms Passed, approved and adopted Councilmen this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- Attest: cilmen Brady, Lundh, Stackis, Leo F. Frommelt Thorns. City Clerk Nays—None. Mayor Justmann moved adoption RESOLUTION NO. 121-75 of the resolution. Seconded by Councilman Stackis. Carried by the Authorizing the execution of a following vote: Certificate of Completion for yeas — Mayor Justmann, Coun- Canfield Hotel, Inc. cilmen Brady, Lundh, Stackis, WHEREAS, under date of Febru- Thorns. ary 16, 1973, the City of Dubuque Nays --None. entered into a Contract for the RESOLUTION NO. 122.75 Sale of Land for Private Redevelop ment with Canfield Hotel, Inc. for Authorizing the execution of a the real estate hereinafter describ- Certificate of Completion for In - ed; and vestment Planning, Inc. WKEREAS, under the terms of WHEREAS, under date of De - said contract the subject real es- cember 6, 1973, the City of Du - tate was conveyed by the City of buque, entered into a Contract for Dubuque under date of February the Sale of Land for Private Re - 20, 1973, to Canfield Hotel, Inc. development with Investment Plan - who constructed thereon certain ning, Inc. for the real estate here - improvements; apd inafter described; and WHEREAS, Section 307 of said WHEREAS, under the terms of contract provides that upon com- said contraci, the subject real es- Pletion of the improvements the tate was conveyed by the City of City of Dubuque will furnish Can- Dubuque under date of January field Hotel, Inc. a Certificate of 4, 1974, to Investment Planning Completion; and Inc. who constructed thereon cer- WHEREAS, it has been deter- tain improvements; and mined that the required improve- WHEREAS, Section 307 of said ments have been satisfactorily com- contract provides that upon com- pleted; now therefore pletion of the improvements the BE IT RESOLVED BY THE City of Dubuque will furnish In- IT COUNCIL OF THE CITY OF vestment Planning Inc. a Certifi- llUBUQUE, IOWA: tate of Completion; and Section 1. That the Mayor and WHEREAS, it has been determin- City Clerk be and they are hereby ed that the required improvements authorized and directed to exe. have been satisfactorily completed; cute a Certificate of Completion now therefore for Canfield Hotel, Inc. for the im- BE IT RESOLVED BY THE CITY provements located on Lot 1 of COUNCIL OF THE CITY OF DU. Block 7, Lot 4 of Block 6 and BUQUE, IOWA: Southerly 65 feet of Lot 1 of Block Section 1. That the Mayor and 6, all in Dubuque Downtown Plaza City Clerk be and they are hereby in the City of Dubuque, Iowa, sit. authorized and directed to execute uated in the Downtown Urban Re- a Certificate of Completion for newal Project„ Iowa R45. Investment Planning Inc, for the 184 Regular Session, May 5, 1975 located on Block 8 I Section 1. That the Mayor and improvements in the City Clerk be and they are here. in Dubuque Downtown Plaza Iowa, situated by authorized and directed to exe• ('ity of Dubuque, Urban Renewal cute of in the Downtown I Inenfletion R & SCertificate Enterprises, or the Project, Iowa R-15. 2. That the Clerk be and 'mprovements located on Lot I of Section and direct- Block 6, except the North 15 feet he is hereby authorized to file a copy of this resolution thereof and except the South 65 ed the executed copy of the Cer- feet thereof; and Lot 3 of Block and Completion in the office 6 in Dubuque Downtown Plaza in tificate of the County Recorder in and for theCi y of Dubuque, of DCounty, Iowa. Urbana Renewal in ubuque Passed, approved and adopted i Protection 2. T je, Iowa R-15. t he Clerk be and this 5th day of May, 1975. C. Robert Justmann he is authorized and di. Mayor rected to file a copy of this resolu- Alvin E. Lundh tion and the executed copy of the Emil Stackis Certificate of Completion in the James E. Brady office of the County Recorder in Allan T. Thoms and for Dubuque County, Iowa. Councilmen Passed, approved and adopted this 5th day of May, 1975. Attest: Leo F. Frommelt C. Robert Justmann City Clerk. Mayor Justmann moved adoption Mayor Alvin E. Lundh of the resolution. Seconded by Emil Stackis Councilman Stackis. Carried by the James E. Brady following vote: Allan T. Thorns Yeas — Mayor Justmann, Coun- Councilmen cilmen Brady, Lundh, Stackis, Attest: Thorns. Leo F. Frommelt Nays—None. City Clerk Mayor Justmann moved adoption RESOLUTION NO. 123.75 of the resolution. Seconded by Authorizing the execution of a Councilman Stackis. Carried by the Certificate of Completion for R following vote: & S Enterprises, Inc. Yeas — Mayor Justmann, Coun- WHEREAS, under date. of April cilmen Brady, Lundh, Stackis, 29, 1974, the City of Dubuque en- Thorns. tered into a Contract for the Sale Nays—None. of Land for Private Redevelopment RESOLUTION NO. 124.75 with R & S Enterprises, Inc. for 4he real estate hereinafter de- Authorizing the execution of a scribed; and Certificate of Completion for WHEREAS, under the terms of Renier Piano & Organ Company, said contract the subject real es- Inc. tate was conveyed by the City of WHEREAS, under date of Au - Dubuque under date of April 29, gust 19, 1971, the City of Dubuque 1974 to R & S Enterprises, Inc. entered into a Contract for the who constructed thereon certain Sale of Land for Private Redevelop - improvements; and ment with Renier Piano and Organ WHEREAS, Section 307 of said Company, Inc. for the real estate contract provides that upon com- hereinafter described; and pletion of the improvements the WHEREAS, under the terms of City of Dubuque will furnish R said contract the subject real es- & S Enterprises, Inc, a Certificate tate was conveyed by the City of of Completion; and Dubuque under date of October 6, WHEREAS, it has been deter. 1971, to Renier Piano and Organ mined that the required improve- Company, Inc. who constructed ments have been satisfactorily com- thereon certain improvements; and pleted; now therefore WHEREAS, Section 307 of said BE IT RESOLVED BY THE CITY contract provides that upon com- COUNCIL OF THE CITY OF DU. pletion of the improvements the BUQUE, IOWA: City of Dubuque will furnish Ren- Regular Session, May 5, 1975 185 ier Piano and Organ Company, Inc. a Certificate of Completion; and WHEREAS, it has been deter- mined that the required improve- ments have been satisfactorily com- pleted; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for Reiner Piano and Organ Company, Inc. for the improvements located on Lot 2 of Block 5 in Dubuque Downtown Plaza in the City of Du- buque, Iowa, situated in the Down- town Urban Renewal Project, Iowa R-15. Section 2. That the Clerk be and he is hereby authorized and direct. ed to file a copy of this resolution and the executed copy of the Cer- tificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 125-75 Authorizing the execution of a Certificate of Completion for Fischer & Co., Incorporated. WHEREAS, under date of Octo- ber S, 1970, the City of Dubuque entered into a Contract for the Sale of Land for Private Redevelopment with Fischer & Co., Incorporated for the real estate hereinafter de- scribed; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed by the City of Dubuque under date of October 22, 1974, to Fischer & Co., Incorporat- !d who constructed thereon certain improvements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the Improvements the City of Dubuque will furnish Fischer & Co., Incorporated a Cer- tificate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily completed, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for Fischer & Co., Incorporated for the improvements located on the south- erly 11.2 feet of City Lot 147, and Lot 1 of City Lot 146 in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. Section 2. That the Clerk be and he is hereby authorized and di- rected to file a copy of this resolu- tion and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 126-75 Authorizing publication of Notice of Submission of the Community Development Block Grant Appli- cation to the U.S. Department of Housing and Urban Development. WHEREAS, under date of March 25, 1975, the City Council of the City of Dubuque authorized the filing of an application for a Com- Regular Session, May 5, 1975 188 Block Grant: authorized the City ort c 74uenin munity Development of lat1974. and WHEREAS, under date of April On Tuesday, April 29, at a spe- 10 an appropriate application was Department cial meeting of the Dubuque Low• Rent Housing Commission this pro. submitted to the U.S. Urban Develop- ject was thoroughly discussed and of Housing and and pertinent provisions of the An. ment; WHEREAS, the City of Dubuque nual Contributions Contract were subsequently notified that said reviewed. A summary of these pro- was had been accepted for visions is set forth in the minutes application as of April 11; and of the April 29 meeting. processing WHEREAS, pursuant to the reg- The application for this Section governing the Community 23 Housing Assistance Payments ulations Development Block Grant Program, program was submitted in ,June the City of Dubuque is required to 1974 and approved in the fall ')f make reasonable efforts to inform the same year. At that time it was the citizens of the community that not possible to proceed with this the application has been so sub. program due to the inadequacy of mitted and accepted for review, the approved fair market rents for and that a copy of the application existing housing. The City then is available for inspection by all documented and filed with the interested parties; now therefore FHA a request for an upward re, BE IT RESOLVED BY THE CITY vision in the rental schedule. The COUNCIL OF THE CITY OF DU- rentals as now approved are within BUQUE, IOWA: several dollars of what was request. Section 1. That the City Clerk be ed last fall. Even though inflation and he is hereby authorized and has somewhat increased rentals in directed to publish twice in the excess of what was requested, we Dubuque Telegraph Herald, a believe that the City should now newspaper of general circulation in proceed with the project. the community, a public notice as The Dubuque Low-Rent Housing attached hereto and made a part Commission at their April 29, 1975 hereof. meeting has recommended that the Passed, adopted and approved City authorize the execution of the this 5th day of May, 1975. Annual Contributions Contract and C. Robert Justmann that the project be implemented. Mayor Donald L. Meyers, Chairman of the Alvin E. Lundh Dubuque Low-Rent Housing Com. Emil Stackis mission, has indicated that he will James E. Brady be present at the May 5 City Coun- Allan T. Thoms cil meeting to respond to any have. Councilmen questions which you may Attest: The appropriate resolution is at- Leo F. Frommelt tached for adoption. Also enclosed is a brief sum- City Clerk mary of the responsibilities of the Mayor Justmann moved adoption landlord and the City in undertak- of the resolution. Seconded by ing this project. Councilman Thoms. Carried by Gent M. Wittenberg the following vote: Mayor Justmann moved that the Yeas — Mayor Justmann, Coun- communication be received and fil- cilmen Brady, Lundh, Stackis, ed Seconded by Councilman Thoms. Thoms. Nays—None. Carried by the following vote: Peas —Mayor , Coun- April 30, 1975 Lundh,Justma cilmen Brady, Stacks, Honorable Mayor and Thoms. Members of City Council Nays—None. Under date of April 22, 1975 the RESOLUTION NO. 127-75 FHA Des Moines Insuring Office provided the City with a revised Authorizing execution of an An- schedule of fair market rentals for nual Contributions Contract and existing housing, and requested General Depository Agreement that the City of Dubuque execute for Existing Housing Project No. the Annual Contributions Contract Iowa 87-2. Regular Session, May 5, 1975 187 WHEREAS, pursuant to the Unit- ed States Housing Act of 1937, as amended from time to time, the City of Dubuque proposes to enter into an Annual Contributions Con- tract with the United States of America to undertake a Secion 23 Housing Assistance Payments Pro- gram; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Annual Con. tributions Contract identified as Contract No. KC 9004 for Existing Housing Project No. Iowa 87.2 is hereby approved, and the Mayor of the City of Dubuque is hereby au- thorized and directed to execute the said contract on behalf of the City of Dubuque. Section 2. That the City Treasur- er of the City of Dubuque is hereby authorized and directed to enter into a General Depository Agree- ment with the American Trust and Savings Bank to serve as the depository for monies received by or held for account of the City of Dubuque in connection with Exist- ing housing Project No. Iowa 87-2. Section 3. That the Director of the Department of Community De- velopment is hereby authorized and directed to submit in the required number of copies both the executed Annual Contributions Contract No. KC 9004 and the executed General Depository Agreement to the De- partment of Housing and Urban Development together with such other documents evidencing the approval and authorizing the exe- cution of such contract and agree- ment as may be required. Passed, adopted and approved this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 128.75 WHEREAS, the City of Dubuque has secured a Relocation Easement and Agreement from Illinois Cen- tral Gulf Railroad Company in connection with the installation of the South Dubuque Interceptor Sanitary Sewer; and WHEREAS, said Relocation East- ment and Agreement should be ap- proved and delivery thereof be ac- cepted; 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, dated February 7, 1974, be and the same is hereby approved. Section 2. That an alignment change on the proposed sanitary sewer alters the railroad approvec d ssing and station, as passed, adopted on Resolution No.1-74, 74, dated 18th day of February, from mile Post 186 lids s3 1894 feet to to mile post 186 p near Dubuque, Iowa. Section 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Relocation Easement and Agreement for and on behalfof the City of Dubuque, , Gant of that delivery Easement is herewith accepted. Section 4. That the City Clerk be and he is hereby authorized and directed to cause said Grant of Easement to be recorded in the of. fice of Dubuque County Recorder. Passed, approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Mayor Justmann moved adoption of the resolution. Seconded by Councilman Thorns. Carried by the following vote: Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Regular Session, May 5, 1975 188 Carried by the filed. Seconded by Mayor Just- Mayor Justmann. mann. Carried by the following following vote: Mayor Justmann, Coun, vote: Yeas -- Brady, Lundh, Stackis, Yeas — Mayor Justmann, Coun. cilmen cilmen Brady, Lundh, Stackis, Thoms. Thoms. Nays—None. certified to Na s None. y-- Proof of Publication, Publisher, of Notice RESOLUTION9-75 O2 by the cation and Designapproval School Preliminary Estimate and a p. Signal Improvement Project Iowa proval of plans, specifications, form State Highway Commission has of contract, plats, and all other made a application to the Federal documents for the construction of Highway Administration for school the School Signal Improvement crossing signals at Fulton, Holy Project Contract. No. 1 and 2 at Ghost, St. Mary's, Marshall, Holy the following locations: John F. Trinity, Loras between Booth & Kennedy at Eisenhower School; Glen Oak, Jackson & Bryant, Pre. Pennsylvania tt wing sented and read. Councilman Thoms Scas Boulevard be moved that the proof of publication Glen Oak and Booth; West Locust be received and filed. Seconded by Street at Jackson Street; Bryant Mayor Justmann. Carried by the Street at Bryant School; Central following vote: Avenue at Fulton School; Central Yeas — Mayor Justmann, Coun- Avenue at Holy Ghost School; cilmen Brady, Lundh, Stackis, White Street at St. Mary's School; Thoms. Central Avenue at 15th Street; Nays—None. Rhomberg Avenue at Marshall Proof of Publication, certified to School; Rhomberg Avenue at holy by the Publisher, of approval by Trinity School; in an estimated the Federal Highway Administra- amount of $96,792.23, presented for for "Located and Design Study" and read. Councilman Thoms mov- for school crossing signals, present- ed adoption of the resolution. Sec. ed and read. Councilman Thoms onded by Mayor Justmann. Carried moved that the proof of publica- by the following vote: tion be received and filed. Second. Yeas — Mayor Justmann, Coun- ed by Mayor Justmann, Carried by cilmen Brady, Lundh, Stackis, the following vote: Thoms. Yeas — Mayor Justmann, Coun- Nays—None. cilmen Brady, Lundh, Stackis, (Necessity for Improvement) Thoms. RESOLUTION NO. 130.75 Nays—None. WHEREAS, proposed plans, speci- April 28, 1975 cations, form of contract have been Honorable Mayor and duly prepared and approved by the City Council City Council of the City of Du - We are pleased to submit the en- buque and are now on file in the closed documents on the School office of the City Clerk showing Signal Improvement Project. The among other things the following: enclosed budget summary details 1. An estimate of the cost of the the specific projects included. proposed improvement for the Prior to the Public Hearing on School Signal Improvement Pro - the program, the Engineering De- ject. partment will attempt to schedule John F. Kennedy Road at Eisen - a tour of the projects for the hower School; Pennsylvania AV - Council. On May 5, 1975, we would enue at Irving School; Loras Boule- respectfully request your Honor- vard between Glen Oak and Booth; able Body to establish the date of West Locust Street at Jackson Public Hearing, and authorize the School; Bryant Street at Bryant City Clerk to publish notice for the School; Central Avenue at Fulton receipt of proposals on June 5, School; Central Avenue at Holy 1975. Ghost School; White Street at St. Gilbert D. Chavenelle Mary's School; Central Avenue at City Manager 15th Street; Rhomberg Avenue at Councilman Thoms moved that. Marshall School; Rhomberg Avenue the communication be received and at Holy Trinity School. Regular Session, May 5, 1975 189 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 hereinmentioned improvement, and unless property owners at the time of the final con- sideration of this proposed reso- lution have on file with the City Clerk objections to the proposed improvement, they shall be deemed to have waived all objections here- to. Said improvement 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 paid from the Road Use Tax Funds. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 5th day of May, 1975. Approved and placed on file foi final action. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 131-75 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary 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 th School Signal Improvement Pro- ject. John F. Kennedy Road at Eisen bower School; Pennsylvania Av enue at Irving School; Loras Boule vard between Glen Oak and Booth; West Locust Street at Jackson School; Bryant. Street at. Bryant School; Central Avenue at Fulton School; Central Avenue at Holy Ghost School; White Street at St. Mary's School: Central Avenue at 15th Street; Rhomberg Avenue at Marshall School; Rhomberg Av- enue at Holy Trinity School. BE IT THEREFORE RESOLVED that on the 27th day of May, 1975, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improve- ment. Passed, adopted and approved this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: I,eo F.Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun oilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 132.75 Authorizing the Execution of a Community Development Block Grant Agreement for the City of e Dubuque. WHEREAS, the City of Dubuque submitted under date of April 11, 1975, an application to the U.S. De- partment of Housing and Urban Development for a Community De- Regular Session, May 5, 1975 190 Block Grant in the and piled. SecoCarriedndedJust- the of $241,000; and following manvote: amount WHEREAS, the U.S. Department ent and urban Development Yeas — Mayor Justmann, Coun- oi Housing date of May 1, 1975, all-Thoms. cilmen Brady, Lundh, Stackis, under proved said application and ex the City of Dubuque a Nays—None. tended to Grant Agreement to carry out the RESOLUTION NO. 133.75 activities as set forth in the ap- WHEREAS, the City of Dubuque, plication; now therefore Iowa, has been negotiating with VED BY THE CITY LTHE Mr. Gus I. Papke of ]bManson COUNT OF CITY OF DU in Road, Dubuque, Iowa, in connec• BUQUE, IOWA; tion with the city's efforts to se- Section 1. That the Mayor of the cure a perpetual easement for the City of Dubuque be and he is here- proposed South Dubuque Intercep- by authorized and directed to ex- for Sanitary Sewer; and ecute a Community Development WHEREAS, it is essential for the Block Grant Agreement identified public purpose that said easement as Grant No. B-75-MC-19-0004 for be acquired for the location, in- submission to the U.S. Department stallation of said sewer; and of Housing and Urban Develop- WHEREAS, the Engineering De- ment. Passed, adopted and approved artment of the City of Dubuque, Iowa, has represented to this City this 5th day of May, 1975. Council that such efforts to ac. C. Robert Justmann quire such perpetual easement Mayor has been unproductive; and Alvin E. Lundh Emil Stackis WHEREAS, the securing of said James E. Brady perpetual easement by way of Allan T. Thoms Eminent Domain proceedings is Councilmen indicated in this instance; Attest: NOW, THEREFORE, BE IT RE- Leo F. Frommelt SOLVED by the City Council of City Clerk the City of Dubuque, Iowa: Mayor Justmann moved adoption Section 1. That it is essential of the resolution. Seconded by for the public purpose for the City Councilman Stackis. Carried by the of Dubuque, Iowa, to acquire a per- following vote: petual easement in certain real Yeas — Mayor Justmann, Coun- estate owned by Mr. Gus 1. Papke, cilmen Brady, Lundh, Stackis, and for the location and installa- Tboms. tion of the proposed South Du. Nays—None. buque Interceptor Sanitary Sewer, May 2, 1975 the location of which is outlined Honorable Mayor on the attached map marked Ex- and City Council hibit "A" and by reference made We have been negotiating with a part hereof, and that efforts to Mr. Gus I. Papke for the granting secure said perpetual easements of a perpetual easement on the by negotiations have failed. proposed South Dubuque Intercep- Section 2. That the City Attor- tor Sanitary Sewer, which is a part ney is hereby directed and ordered of HUD Grant WS-IOWA-99. We to institute at the earliest possi- have been unable to secure the re- ble time, the appropriate Eminent quired easements. Domain proceedings for and on We would respectfully request behalf of the City of Dubuque, that your Honorable Body direct Iowa, in order to secure said per- the City Attorney to proceed with petual easements for the instal- the necessary legal. action to se- lation, location and maintenance of cure said easements. Gilbert the South Dubuque Interceptor the of D. Chavenelle City Manager Sanitary Sewer in property Mr. Gus I. Papke, as shown on Ex- Councilman Thoms moved that hibit "A" or as the location MY the communication be received be subsequently modified. Regular Session, May 5, 1975 191 Passed, approved and adopted this 5th day 75. C R 9 Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. April 11, 1975 Honorable Mayor and City Council We have been negotiating with Mr. and Mrs. John M. Sutton for the granting of a perpetual ease- ment on the proposed South Du- buque Interceptor Sanitary Sewer, which is a part of HUD Grant WS - IOWA -99. We have been unable to secure the required easements. We would respectfully request that your Honorable Body direct the City Attorney to proceed with the necessary legal action to se- cure said easements. We enclose correspondence and a report on the verbal meeting which have transpired between the City Staff and Mr. and Mrs. John Sutton. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 134.75 WHEREAS, the City of Dubuque, Iowa, has been negotiating with Mr. and Mrs. John M. Sutton of 1800 Manson Road, Dubuque, Iowa, in connection with the city's ef- forts to secure a perpetual ease- ment for the proposed South Du- buque Interceptor Sanitary Sewer; and WHEREAS, it is essential for the public purpose that said ease- ment be acquired for the location, installation of said sewer; and WHEREAS, the Engineering De- partment of the City of Dubuque, Iowa, has represented to this City Council that such efforts to ac- quire such perpetual easement has been unproductive; and WHEREAS, the securing of said perpetual easement by way of Emi- nent Domain proceedings is indi- cated in this instance; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That it is essential for the public purpose for the City of Dubuque, Iowa, to acquire a perpetual easement in certain real estate owned by Mr. and Mrs. John M. Sutton, and for the loca. tion and installation of the pro- posed South Dubuque Interceptor Sanitary Sewer, the location of which is outlined on the attached map marked Exhibit "A" and by reference made a part hereof, and that efforts to secure said perpet- ual easements by negotiations have failed. Section 2. That the City Attor- ney is hereby directed and ordered to institute at the earliest possible time, the appropriate Eminent Do- main proceedings for and on be- half of the City of Dubuque, Iowa, in order to secure said perpetual easements for the installation, lo- cation and maintenance of the South Dubuque Interceptor Sani- tary Sewer in the property of Mr. and Mrs. John M. Sutton, as shown I on Exhibit "A" or as the location j may be subsequently modified. Passed, approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Lco F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Lundh, nn, Coo s, n. cilmen Brady, Thoms. Nays—None. 192 Regular Session, May 5, 1975 Petition of Hillcrest Builders re- questing vacation of an existing storm sewer easement in Lot C Block 12 in Key Kuolls Subdivi- sion, presented and read. Council man Thoms moved that the peti- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Lundh nnSt ckis, cilmen Brady, Thoms. Nays—None. May 1, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lots 1 through 16 of Block 12A 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 prelimi- nary plat of this area, and is in compliance with all mini- mum standards of the Zoning and Subdivision Ordinances. It is the recommendation of the Planning and Zoning Commission that you approve the plat. CITY PLANNING AND COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 135.75 Subdivision" in the City of Du. buque, Iowa, is platted as Lots I through 16, Each in Block 12-A in "Key Knolls Subdivision" in the City of Dubuque, Iowa and, WHEREAS, said plat has been examined by the City Plan Com. mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. The above described plat. be and the same is hereby ap- proved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the ap- proval of the City upon said plat. Passed, adopted and approved this 5th day of May, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen RESOLUTION Approving Plat of Lots 1 through 16, each in Block 12-A in "Key Knolls Subdivision" 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 Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 Northwest One -Quarter of Southeast One -(quarter, Section 21, Township 89 North, Range 2 East of 5th Principal Meridian, Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa; and Lot B, Block 12, in "Key Knolls Subdivision" in the City of Dubuque, Iowa and Lot C, Block 12 in "Key Knolls Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 136.75 WHEREAS, the property owner of Lot C, Block 12 in "Key Knolls Subdivision" in the City of Du- buque, Iowa, has filed with the City Clerk of the City of Dubuque, Iowa, a petition requesting the va- cation of the platted ten foot (10') wide easement in said Lot C and WHEREAS, the property owner has submitted a plat for the pur- pose of extinguishing the ten foot (10') wide storm sewer ease- ment shown thereon; and WHEREAS, Sections 409.18 and 409.19 of the 1971 Code of Iowa provide for the vacation of plats in this manner; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that Regular Session, May 5, 1975 193 said petition and plat for the va- cation of the platted ten foot (10') wide easement in Lot C, Block 12 in "Key Knolls Subdivision" in the ! City of llubuque, Iowa, be and the same are hereby approved, and the Mayor and Clerk are hereby authorized ddirected e the approval PPrval of theCity of Du- buque upon said plat for the va- cation of the aforementioned ease- ment. passed, adopted and approved by the recorded roll call vote this 5th May, 1975. C. Robert Justmann Mayor James E. Brady Allan T. Thoms Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundb, Stackis, Thoms. Nays—None. May 2, 1975 Honorable Mayor and City Council The Airport Commission is re- questing that you adopt a resolu- tion stipulating that the City of Dubuque will provide funds for the local share of a grant for fire equipment at the Airport. The Airport Commission dis- cussed this subject with the Coun- cil on August 1, 1974. The total cost of the fire equipment at that time was $87,500. The local share, predicated on this amount, would have been $16,030. Since then the Airport Commission has requested bids on the two pieces of equip- ment and the cost is $123,823. The local share, based on an 18% par- ticipation, would increase to $22,288, or an increase of $6,258. Attached are papers giving a more detailed explanation of the budget relative to the equipment Purchase and a letter from the Department of Transportation in- dicating funds will be available for this equipment. At the time we will be making application for a grant we will also be requesting reimbursement for the acquisition of the Ambrosy easement. The total cost. of this easement, was $42,000 and the City can antici- pate a refund of $31,500 from the Federal government. Your authorization of the reso- lution stipulating that the City of Dubuque will provide local funds for the fire equipment is re- quested. A budget amendment re- flecting this expenditure will be submitted to you in the near fu- ture. Francis A. Murray Assistant City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Siackis,m Thos. Nays—None. RESOLUTION NO. 137.75 Resolution Authorizing the City of Dubuque, Iowa to Finance Their Share of Airport Improve- ments from the City's General Fund. WHEREAS, the Secretary of Transportation is authorized to make grants for Airport develop- ment aid under the Airport and Airway Development Act of 1970; and WHEREAS, the Airport and Air. way Development Act of 1970 stipulates that each agency re- ceiving funds under this Act must state at the time of application for funding that funds are available to finance the local share; and WHEREAS, it is desirous that the Dubuque Airport Commission deems it necessary in the interest of aviation safety to acquire crash/ fire rescue equipment; and WHEREAS, it is desirous on the part of the Dubuque Airport Com- mission to make a grant applica. tion for land reimbursement and for the acquisition of crash/fire rescue equipment. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Chairman of the Dubuque Airport Commis- sion be authorized to file an ap- plication on behalf of the City of Dubuque with the U. S. De- partment of Transportation—Fed- 194 Regular Session, May 5, 1975 eral Aviation Agency for reim- bursement of land previously ac- quired and assistance in the pur. chase of crash -fire rescue equip- ment. Section 2. That the financing of the local share of the total cost of the Capital Improvements Grant, Project No. 8-18--0028-0175 by the City of Dubuque be and the same is hereby approved, author- ized and directed. Passed, approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms 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 Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 138.75 RESOLUTION authorizing the execution and delivery of cer- tain documents in connection with the issuance and sale of $4,250,000 Hospital Facility First Mortgage Revenue Bonds (The Finley Hospital project), Series A, of the City of Dubuque, Iowa. WHEREAS the City of Dubuque, in the County of Dubuque, State of Iowa (the "City"), proposes to issue Hospital Facility First Mort- gage Revenue Bonds (The Finley Hospital Project), Series A of said City in the principal amount of $4,250,000 (the "Bonds") for the purpose of lending the proceeds thereof to The Finley Hospital (the "Corporation") to defray the cost, to that amount, of the ac- quisition of certain equipment and improvements by the Corporation suitable for use in its voluntary non-profit hospital, including the repayment of construction loans obtained by the Corporation until permanent financing could be ar- ranged, on a site within the City, all in accordance with the provi- sions of Chapter 419 of the Code of Iowa, 1973, as amended; and WHEREAS pursuant to pub- lished notice of intention this City Council has heretofore conducted a public hearing, as required by Section 419.9 of the Act, and this City Council has deemed it nec- essary and advisable to proceed with the Project, and has hereto- fore duly authorized the issuance and sale of the Bonds pursuant to an Indenture of Trust, dated as of January 1, 1975, between the City and the First National Bank of Du- buque, Dubuque, Iowa, as Trustee (the "Indenture"), and the loan of the proceeds of the Bonds to the Corporation pursuant to a Loan Agreement, dated as of January 1, 1975, between the City and The Finley Hospital (the "Loan Agree- ment'); NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That in order to ef- fectuate the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement and the Indenture and to carry out the intent and purposes of the City Council in authorizing such actions by the City, the Mayor and the City Clerk are hereby author- ized and ordered to execute and deliver the following documents, in substantially the forms at- tached hereto as Exhibits A -C: (a) Certificate of Mayor and Clerk regarding organization of City, resolutions, execution of Bonds, non -litigation, signature identification, receipt of Bond proceeds and related matters, at- tached hereto as Exhibit A; (b) Request and authorization to Trustee to authenticate and deliv- er the Bonds, attached hereto as Exhibit B; and (c) Certificate designating City Representative and alternate, at- tached hereto as Exhibit C. Section 2. That this Resolution shall become effective immediate- ly upon its passage and approval. Passed and approved May 5, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop• tion of the resolution. Seconded Regular Session, May 5, 1975 by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Application of William J. Baum requesting transfer of beer license from 3165 Central Ave. to 2995 Central Ave., presented and read. Mayor Justmann moved that the request for transfer be granted. Seconded by following vote:ckis. Carried by Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 139.75 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 LICENSE Franklin Presley, Broken Spur, (also Sunday Sales), 342 Main Street Marco's Inc., 2022 Central Avenue Passed, adopted and approved this 5th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. FYommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded b Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun oilmen Lundh, Thoms. Nays—Councilmen Brady, Stack is on Presley. 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 AND LIQUOR LICENSE Franklin Presley, Broken Spur, 342 Main Street (also Sunday Sales) Marco's Inc., 2022 Central Avenue Passed, adopted and approved this 5th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Thoms. Nays --Councilmen Brady, Stack - is on Presley. At 10:20 P.M. Councilman Stack is moved to go into Executive Ses- sion to discuss Legal Proceedings in the Tschiggfrie matter. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Council reconvened in regular session at 10:56 P.M. Council directed the City Attor- ney to take such action to take y Court Review in the matter of Julien Dubuque Drive and meet with the neighbors. Mayor Justmann moved the ap- pointment of Mary Trieweiler to the Cable -TV Advisory COmmi6 sion. Seconded by Councilman b the following RESOLUTION NO. 140-7S Stackis. Carried y WHEREAS, applications for Liq- vote: Coun. uor Licenses were filed by the Yeas — Mayor JustmannStackis, within named applicants and they oilmen Brady, Lundh, have received the approval of this Thoms. Council, and Nays—None. 196 Regular Session, May 5, 1975 There being no further business, Councilman Lundh moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cIlmen Brady, Lundh, Stackis, Thorns. Nays—None. Leo F. Frommelt City Clerk Approved September 8, 1975 Adopted September 8, 1975 City Clerk Special Session, May 12, 1975 197 CITY COUNCIL OFFICIAL Special Session, May 12, 1975. Council at at 7:30 P.M. (C.D.T.) Present—Mayor justmLundhan , Cou . cilmen Brady, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of acting upon such business as may properly come before the meeting. Communication of Planning & Zoning Commission submitting minutes of their meeting of April 30, 1975, presented and read. Coun- cilman Thoms moved that the min- utes be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Notice of the Corps of Engi- neers submitting an announcement of initial public meetings on study of upper Mississippi River small craft locks in Dubuque on June 5, 1975, at 7:00 P.M., presented and read. Councilman Thoms moved that the Notice be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Department of Transportation, Railroad Trans- portation, Railroad Transportation Division, submitting rules on Rail- road Division procedures; Railroad Highway Grade Crossing Signal Protection; Railroad clearances; Abandonment or reductions of sta- tion and service, presented and read. Councilman Thoms moved that the communication be re- ceived and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Chuck Kama► submitting a list of personal ob- servations relative to conducting of Council meetings and actions taken therein, presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Dubuque Lumber Co. submitting a proposal relative to the acquisition of Lot IA in McCraney's Eagle Point. Addn., not dedicated to floodwall right-of-way which would permit needed expansion of their business, presented and read. Councilman Brady moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Thomas A. Tully addressed the Council relative to the communi- cation. Councilman Thoms moved that the communication be direct- ed to the City Solicitor and pro- posal be accepted. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays—None. Abstain—Councilman Lundh. Communication of Board of Dock Commissioners submitting minutes of their meeting of April 23, 1975, presented and read. Coun- cilman Thoms moved that the min- utes be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Iowa Depart- ment of Environmental Quality submitting a survey report of the City Water Supply, recommending corrective action and being pleased with local efforts being made to assure safe water, presented and read. Councilman Thoms moved that the communication be re- ceived and filed. Seconded by Councilman Brady. Carried by the following vote: 198 Special Session, May 12, 1975 Yeas — Mayor Lundh, ann, Coun- cilmen Brady, Thoms. Nays—None. Communication of attorneys for H. J. Lott et ux requesting the City to cease and desist dumping of sewage on their property; re- questing the City to remove all such sewage; also to compensate them for aforesaid dumping, pre- sented and read. Councilman Thoms moved that the communica- tion be received and filed and re- ferred to the City Solicitor and City Engineer for consideration and report. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. May 8> 1975 Honorable Mayor and Members of the City Council I have approved the following sidewalk construction bonds and desire to have your approval of same. James Morton, Bond No. 9706 Aid Insurance Co. dated April 15, 1975 Kenneth Schromen, Bond No. 614989.6 The Ohio Casualty In- surance Co. dated April 15, 1975 Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. May 8, 1975 Honorable Mayor and Members of City Council For the past several years the City of Dubuque has been the re- cipient of 701 Comprehensive Planning Assistance Program Grants as administered by the U.S. Department of Housing and Urban Development. These funds have en- abled the city to carry out several tasks including the continuous re- finement and betterment of the budget process and to start up our staff assistance program to neigh- borhood organizations. We have been advised within the past several weeks that 701 funding is again available to cities, and it is anticipated that a $15,000 grant will be earmarked for Du- buque. Several areas of need have been examined, and it is apparent that priority now must be directed to the development and implemen- tation of an information base file system to gather, process, retrieve and to analyse data to provide the administration and Council with management information neces- sary for more accurate and timely responses to demands and oppor- tunity projects, and to accommo- date the daily business of the city. We are also advised that. the U.S. Bureau of the Census is request- ing data base material from the community to update and modify their computerized statistical, geo- graphic and political information about the Dubuque urban area. In view that the base data proc- ess and the census data need to be developed on an intergovernmen- tal basis, we would propose that the City and the East Central In- tergovernmental Association work jointly on this project. This would appear to be a more prudent ar- rangement, with the association serving as the recipient of the Federal funds and the City serving as a major participant. Gilbert D. Chavenelle City Manager Mr. Karl Biasi and City Planner Dan Dittemore addressed the Coun. cil relative to the benefits of the 701 program. Mayor Justmann moved that the matter be tabled until next week. Seconded by Councilman Brady. Vote on the mo- tion was as follows: Yeas — Mayor Justmann, Coun- cilman Brady. Nays—Councilmen Lundh, Stack - is, Thoms. MOTION LOST. Councilman Thoms further moved that the City Manager be authorized to communicate with HUD signifying our intention of cooperating with E.C.I.A. Second- ed by Mayor Justmann. Carried by the following vote: Yeas—Councilmen Lundh, Stack - is, Thoms. Nays—Mayor Justmann, Coun- cilman Brady. Communication of Asst City Manager advising that the Citizens Advisory Commission requested time on the agenda of this meeting Special Session, May 12, 1975 1.99 to discuss results of the recent survey of attitudes and priorities of the citizens of Dubuque, pre- sented and read. Mr. Frank Miller, Chairman of the survey group for the Commis. sion addressed the Council as to the result of their findings. Mrs. Pauline Joyce addressed the Coun. cil also and presented a set of computerized facts of the survey. Mayor Justmann moved that the communication be received and filed and present to the Council within a month or so to consider all updated survey on a month to month basis. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Melita A. Smith, addressed to Mr. Brady spe- cifically, relative to remarks made at the Council table at the time removal of old street lights in the lower end of town were consid- ered, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. May 6, 1975 Honorable Mayor and City Council Notice of claim for damages to a motor vehicle owned by Mary Volkman, 701 Davis, Dubuque, filed against the City of Dubuque by the insurer for said claimant, claiming damages to said vehicle by a City garbage truck on March 17, 1975 when claimant's 1971 two - door vehicle was properly parked. This matter was referred to the appropriate City Agency who re- ports that said matter has been amicably disposed of. It is there- fore the recommendation of the City Attorney that said claim be denied. Original notice of claim is re- turned herewith. R. N. Russo City Attorney Councilman Thorns moved tha the communication be receive and filed and recommendation o denial be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. April 30, 1975 Honorable Mayor and City Council Mr. Carl I). Engling of 2209 Washington Street, Dubuque, filed claim against the City of Dubuque, Iowa, on the 20th day of March, 1975, alleging damages to two tires and two rims while traveling south on J. F. Kennedy Road as the result of striking a hole ap- proximately 10 inches deep and 4 feet in diameter causing said damages to his vehicle. I have examined said matter and have conferred with the claimant who has made an offer of settle- ment in the amount of $30.00 and it is the recommendation of the City Attorney's office that said of- fer of settlement be accepted and that the City Auditor be instruct- ed to draw warrant payable to Carl D. Engling in the amount of $30.00 and transmit same to the City Attorney for delivery upon execu- ioai of release. Original claim is returned here- with. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of set- tlement be approved. Seconded by councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Oft Enter- prises Inc., in an undetermined amount, for truck damage incurred as the result of driving into a protruding curb section in the 1100 block of Jackson Street on May 7, 1975, presented and read. Council- man Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor JustmLundhann, Coun- cilmen Brady, t 'Thoms. d Nays—None. f Petition of Thompson's Food Market et al, requesting replace- 200 Special Session, May 12, 1975 meet of the present two hour met- ers to one hour meters on First Street between Locust & Main Street, presented and read. Coun- cilman Thoms moved that the pe- tition be referred to the City Man- ager and Traffic Department for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of the Memorial Day Committee requesting permission to conduct their annual Memorial Day parade on May 26th, presented and read. Councilman Thoms moved that the request be ap- proved subject to coordination of the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Northwestern Bell re- questing permission to push a four inch iron pipe under Highway #20 east of Division Street and Wacker Drive, presented and read. Coun- cilman Thoms moved that the re- quest be approved subject to the approval of the City Engineer. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of David L. Clemens, representing a client living in the vicinity fo 20th & Elm Sts., con- cerning a service station that is not conforming to proper regula- tions as the materials, old cars etc. around the station, presented and read. Councilman Brady moved that the petition be referred back to Mr. Clemens. Seconded by Coun- cilman Stackis. Vote on the mo- tion was as follows: Yeas—Councilman Brady, Stack - is. Nays — Mayor Justmann, Coun- cilmen Lundh, Thoms. MOTION FAILED. Petition of Washington Neigh- borhood Council requesting to ap- pear before the Council to present facts and figures that will convince the Council to reconsider action taken at the meeting of May 5th to reinstall the diverters in the 1975 Street Program, presented and read. R.cv. Sigwarth and John J. "Hank" Waltz addressed the Coun- cil relative to the petition. Coun- cilman Brady moved that the mo- tion of a week ago be reconsid- ered. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Stackis. Nays --Councilman Thoms. Abstain—Councilman Lundh. Councilman Brady moved th.-t the City Staff be instructed to proceed immediately with design and subsequent construction of the Washington Street diverters at 15th, 16th, 18th and 19th Streets with the goal of Sept. 1, 1975, as the construction completion date, and that it be considered part of the 1975 Street Program and that the City Staff be further instruct- ed to use all means of obtaining Federal Funds for the completion of the signalization as part of the Washington Neighborhood Project, butif not possible, to delay the signalization until the 1976 Pro- gram. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis. Nays—Councilman Thoms. Abstain—Councilman Lundh. Petition of Clarke-Loras Home- coming Committee, requesting per- mission to conduct their annual Homecoming Parade on October 11, 1975, presented and read. Coun- cilman Stackis moved that the re- quest be approved and referred to the City Manager for implemen- tation. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. May 9, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lots 1 through 15 of Cherry Valley Sub- division in the City of Dubuque, Iowa. The Commission has determined that the plat is in conformance Special Session, May 12, 1975 201 with the approved preliminary plat of the area and meets the mint. mum standards of the Zoning and Subdivision Ordinances. It is the recommendation of the Planning and Zoning Commission that the plat be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Staekis, Thoms. Nays—None. RESOLUTION NO. 141-7S Resolution Approving the Plat of "Cherry Valley" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Cher- ry Valley" in the City of Dubuque, Iowa, by Louis J. Jaeger and Rita M. Jaeger; and WHEREAS, upon said plat ap- pear streets to be known as Lori Street, 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 pav- ing, sewer or water installed-, NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Lori Street together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat o "Cherry Valley" in the City o Dubuque, Iowa, be and the same is hereby approved and the Mayo and City Clerk are hereby author ized and directed to endorse th approval of the City of Dubuque Iowa. unnn raAid plat, provided th owners of said property herein named, execute their written ac- ceptance hereto attached agree- ing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Lori Street with bituminous concrete, or with concrete paving with in- tegral curb, all in accordance with City of Dubuque standard specifi- cations; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accord. ance with plans submitted 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 Engi- neer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Louis J. Jaeger and Rita M. Jae- ger, as owner; I. To construct said impe- except xcept sidewalks, prior April 1, 1977, and to construct the sidewalks prior to April 1, 1979; And further provided that said Louis J. Jaeger and Rita M. Jae- ger, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be accept- able to the City Manager. Section 3. That in the event f Louis J. Jaeger and Rita M. Jaeger f shall fail to execute the accept- ance and furnish the security pro - r vided for in Section 2 hereof with- in 45 days after the date of this e Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and ap Special Session, May 12, 1975 202 proval of the plat shall not be ef- fective. roved Passed, adopted and app by unanimous recorded roll call this 12th day of May, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 141.75 We, the undersigned Louis J. Jaeger and Rita M. Jaeger having read the terms and conditions of the foregoing Resolution No. 141. 75 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iown., this 15th day of May, 1975. s/Louis J. Jaeger s/Rita M. Jaeger TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RES- OLUTION NO. 141-75 has been furnished by the owners. Dated at Dubuque, Iowa, this 15th day of May, 1975. Gilbert D. Chavenelle City Manager Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Playground & Recreation Commission submit- ting a resolution relative to the use of the San Jose swimming pool and handball courts, presented and read. Councilman Stackis moved that the communication be tabled until the next meeting. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Recreation Commission's resolu. tion approving proposed contract with Loras College and recom- mending entering into an agree- ment, was presented and read. Councilman Stackis moved that the resolution be tLbled until the next meeting. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundlt, Stackis, Thoms. Nays—None. RESOLUTION NO. 142-75 ap- proving Lease Agreement with Loras College for use of Swim- ming Pool, Handball Courts and Locker Rooms, presented and read. Councilman Stackis moved that the resolution be tabled until the next meeting. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Councilmen Brady, Lundh, Stackis. Nays — Mayor Justmann, Coun- cilman Thoms. Communication of Councilman Thoms confirming his oral request for a motion to reconsider his ma- jority vote on the matter of ap- proval of a liquor license for The broken Spur, presented and read. Councilman Thoms moved recon- sideration to comply with his re- quest. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. Benjamin Tucker and Franklin Presley addressed the Council rel- ative to the request. Councilman Stackis moved that the communi- Lauon be tabled until the next meeting. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—Councilman Thoms. RESOLUTION NO. 143.75 WHEREAS, Dominic W. Good - mann resigned his office as a mem- ber of the Park Board of the City of Dubuque, Iowa, which resigna- tion was accepted; and WHEREAS, vacancy in said office has existed; and WHEREAS, the City Council of the City of Dubuque, Iowa, appoints David J. Willoughby to be Com- Special Session, May 12, 1975 203 missioner of the Park Board of the City of Dubuque, Iowa, for that portion of the term of Dominic W. Goodmann until the next regular municipal election. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1: That David J. Wil- loughby of Dubuque, Iowa, be and he is hereby appointed Commis- sioner of the Park Board of the City of Dubuque, Iowa, effective immediately and upon the taking of his oath of office and shall con- tinue in office until the next regular municipal election. Section 2: That David J. Wil- loughby be and he is hereby order- ed to file and give bond in the amount of $1,000.00 conditioned as provided by Statutes of the State of Iowa, and that said bond be ap- proved by the City Council and that same be a surety company bonds and that the costs thereof may be paid out of the park funds. Passed, adopted and approved this 12th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen ATTEST: I.eo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Brady, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 14475 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Paper,, within said City. Ivan Cosic, Broken Spur, 342 Mair Street Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 145-75 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 Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Joyce L. Moeller, Orioles Oasis, 1604 Ceneral Avenue Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 146-75 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 Cigar- ettes within the City of Dubuque, Iowa, be granted a permilt to sell Cigarettes and Cigarette Papers within said City. Special Session, May 12, 1975 Rodger W. Rommel, A. & W. Driv 2260 John F. Kennedy Road .assed, adopted and approved 12th day of May 19-15- C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thom', moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays—None. RESOLUTION NO. 147-75 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 approved and licenses issued upon the com- pliance with the provisions of Chapter 131, Acts of the First Reg- ular Session, 64th General Assem- bly. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club (and Sunday Sales), Randall Place Passed, adopted and approved this 12th day of May 1975. C, Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 148.75 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 the State Law and all City Ordin- ances 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 "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club (also Sunday Sales), Randall Place Passed, adopted and approved this 13th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. RESOLUTION NO. 149.75 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 PERMIT Walgreen Co., 555 John F. Ken- nedy Drive CLASS "B" BEER PERMIT Phillip T. Langas d/b/a Phil's Pizza & Chicken Hut (also Sunday Sales), 1105 Loras Blvd. Special Session, May 12, 1975 205 Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays — None. RESOLUTION NO. ISO -7S WlIEREAS, 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 Walgreen Co., 555 John F. Ken- nedy Drive. CLASS "B" BEER PERMIT Phillip T. Langas d/b/a Phil's Pizza & Chicken Ilut (also Sunday Sales), 1105 I.oras Blvd. Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman I.undh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays — None. There being no further business, Councilman Brady moved to ad- journ. Seconded by Mayor Just - mann. Carried by the following vote: Yeas: — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Leo F. Frommelt City Clerk. September 8 Approved September 8, 1975 Adopted September 8, 1975 206 Special Session, May 15, 1975 September CITYCOUNCIL Approved ........................:.....9...197x. OFFICIAL Adonted_S member .. ... lfi?l3 Special Session, May 15, 1975. Council Met At 4,30 P.M. (C.D.T.) present --.Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Absent—Councilman Stackis, City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of RE- CONSIDERING BEER - LIQUOR LICENSE APPLICA'T'ION OF FRANKLIN PRESLEY and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Councilman Thoms requesting reconsideration on the matter of approval of a Beer -Liquor License for The Bro- ken Spur; tabled for the Council meeting of May 19th, 1975, pre- sented and read. Mayor Justmann moved that the communication be taken off the table. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays—None. Absent—Councilman Stackis. After considerable discussion, Councilman Thoms moved that the City Clerk be authorized to for- ward the Beer -Liquor License ap- plication as presented to the State Liquor Commission absent any recommendation or comment. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays—None. Absent—Councilman Stackis. There being no further business, Councilman Thoms moved to ad- journ. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays—None. Absent—Councilman Stackis. Leo F. Frommelt City Clerk. _174 Aide., -- ... ....... Coucil n Attea ..... .fA ' Special Session, May 19, 1975 207 CITY COUNCIL, OFFICIAL Special Session, May 19, 1975. Council Met At 7:30 P.M. (C.D.T.) present. --Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING AN AMENDMENT TO ORDINANCE NO. 36-55 TO PRO. HIBIT SMOKING IN BUSES AND IN ANY OTHER VEHICLES HAULING PASSENGERS BY THE TRANSIT AUTHORITY and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication of Playground & Recreation Commission submitting resolution relative to lease of the San Jose Swimming Pool and hand- ball courts, forwarded from the meeting of May 12th, presented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Terry Trueblood, Director of Dept, of Recreation, George Freund, representing Loras College, and Mike Reilly of Playground and Recreation Commission addressed the Council relative to the com- munication and answered questions pertaining to the lease. Councilman Brady moved that the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION OF THE RECREATION COMMISSION CITY OF DUBUQUE, IOWA WHEREAS, the Recreation Com mission of the City of Dubuque Iowa has been conducting negotia .ions with Loras College in connec- Lion with the leasing arrangements for San Jose Swimming Pool and allied facilities; and WHEREAS, the Commission and Loras College have worked out the terms of agreement as set out in Exhibit "A", hereto attached and by reference made a part hereof being a true and correct copy of said agreement together with exhibits thereto attached; and WHEREAS, the Recreation Com- mission of the City of Dubuque, Iowa approves the terms and con- ditions of said agreement; NOW THEREFORE BE IT RE- SOLVED BY THE RECREATION COMMISSION OF THE CITY OF DUBUQUE, IOWA: Section 1: That it approves the proposed contract., marked Exhibit "A" hereto attached to be entered into by the City of Dubuque, Iowa and Loras College and approves the same. Section 2. That the Recreation Commission of the City of Dubu- que, Iowa recommends with favor to the City Council of the City of Dubuque. Iowa that it enter into said agreement with Loras College and that the City Council cause said agreement to be executed by and on behalf of the City of Du- buque, Iowa. Passed, approved and adopted this 8th day of May, 1975. Paul J. Frommelt Patricia F. O'Brien Mike Reilly 1'aul Russo Robert P. Bisanz Betty J. Nugent ATTEST: Terry G. Trueblood Councilman Brady moved that the resolution be received and made a matter of record. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 142.75 WHEREAS, the Recreation Com- mission of the City of Dubuque, Iowa has been negotiating with Loras College for the leasing by the City of Dubuque, of San Jose Swimming Pool, together with handball facilities thereto; and 208 Special Session, May 19, 1975 WHEREAS, the terms of agree- ment have been reduced to writing in a proposed form of contract, a copy of which is hereto attached, and by reference made a part hereof; and WHEREAS, the Recreation Com- mission of the City of Dubuque, Iowa, by Resolution, duly adopted, approved and transmitted to the City Council has recommended the execution of said Agreement by the City of Dubuque, Iowa. WHEREAS, the City Council of the City of Dubuque, Iowa does ap- prove said contract marked Exhibit "A" and determines that said con- tract should be entered into. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed contract by and between the City of Dubuque, Iowa and Loras Col- lege relating to the leasing by the City of Dubuque, Iowa, of the facility known as San Jose Swim- ming Pool, together with handball facilities and other allied facilities which contract is marked Exhibit "A" and is hereto attached and by reference made a part hereof, be and the same is hereby approved. Section 2: That the Mayor and City Clerk be and they are hereby authorized and directed to execute said contract for and on behalf of the City of Dubuque, Iowa. Section 3: That the City Manager be and he is hereby authorized and directed to do any and all things necessary and incidental to the carrying out of all terms of said contract for and on behalf of the City of Dubuque, Iowa and its Rec- reation Department. Passed, adopted and approved this 19th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Allan T. Thorns Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Justmann moved adop tion of the resolution. Seconded b! Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Court cilmen Lundh, Thorns. Nays --Councilmen Brady, Stackis. Communication of A. L. Weitz advising that the "People's Bicen. :ennial Commission" is a propa- ;anda tool of a small group of poli. ical extremists, Official group is American Revolution Bicentennial Commission, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Citizens Ad- visory Commission submitting minutes of their meeting of May 13, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Leo J. Kringle indicating an interest in the pur- chase of the north and south half of E. 33' of Lot 1 in A. McDaniels Sub. (Arlington Street), presented and read. Mayor Justmann moved that the communication be referred to the Planning & Zoning Com- mission, City Manager and City Solicitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Dubuque Air- port Commission submitting minutes of their meeting of May 8, 1975, presented and read. Mayor Just - mann moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Communication of Dubuque Transit Board submitting minutes of their meeting of May 14, 1975, presented and read. Mayor Just - mann moved that the minutes be received and filed and the Council Special Session, May 19, 1975 209 be advised on the subject of hiring consultants at the next Council meeting. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Medical As- sociates presenting the issue rela- tive to dispensation of Optical Equipment which seems to be an integral part of practice of Ophtha- mology and requesting the amend- ment of Article IV -A of the Zoning Ordinance, presented and read. Mayor Justmann moved that the communication be received and fil- ed. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Thoms further mov- ed that the communication of Med- ical Associates be forwarded to Planning & Zoning Commission with specific recommendation that Ordinance No. 10-73 be amended to include sale of optical equip- ment to specifically include section H-2 and I and the City Solicitor and Building Commissioner be re- quested to resolve the question of continuing service. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Councilmen Lundh, Stack - is, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. Communication of Dubuque His- toric Preservation Advisory Board recommending that brick be used to blend in with surrounding area in the construction of Clinton Fed- eral Savings & Loan Building aft- er viewing the model form of the proposed structure, presented and read. Councilman Brady moved that the communication be received and filed and Council concur in thank- ing Advisory Board, Architects and Clinton Federal Loan for recom- mendation; and further that curb cut be approved subject to ap- proval of City Manager and City Engineer. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. May 1.4, 1975 Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Parker requesting the purchase of city property easterly of his residence at 1220 Rosedale. The property in question is a part of an easement for the ex- tension of Glen Oak, which has now been extended to Rosedale on a narrow easement to the west of Mr. Parker's lot. It is believed that the original easement property should be retained by the city for future development. We certainly have no objection to Mr. Parker's using the lot as he now is doing—he maintains it. However, it is recommended that we do not transfer any property rights to Mr. Parker. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommnedation be approved. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. May 12, 1975 Honorable Mayor and City Council I submit to you the quarterly service report of TelePrompTer of Dubuque. The report is submitted Record- ing to the agreement between the company and the city. Gilber' D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed and directed City Manager to clarify adequacy of report in ques- tion. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. May 15, 1975 Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Water Super- intendent, Health Department, Treasurer, and a list of claims paid, for the month of April 1975. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and fil- 210 Special Session, May 19, 1975 Seconded by Councilman Stack- Nays—Mayor Justmann, Council - ed. is. Carried by the following vote: man Brady. Yeas—Mayor Justmann, Council -May May 15, 1975. men Brady, Lundh, Stackis, Thoms. Iionorable Mayor Nays—None, and City Council May 15, 1975 On April 17, 1975, claim was fil- Honorable Mayor ed by Mrs. Wendy Kelly, 493 Hay. and City Council den's Lane, Dubuque, for herself Please be advised that I have and on behalf of her daughter, approved the following policies Samantha Kelly, claiming personal and desire to have your approval injuries as the result of an alleged of same for filing purposes. fall on April 2, 1975, in the Town Clock Plaza due to ice on the side- GENERAL LIABILITY walk. Said claims were for $11.50 Egelhof Funeral Home (Parking and $8,50 respectively. lot) No. GA 774257 dated May This matter was referred to the 18, 1975 Bituminous Casualty appropriate City Agency who has Corporation made an investigation thereof and Swift Plumbing & Heating Co. reports no negligence or liability Comprehensive General Policy on the part of the City. It is there - Ohio Casualty Insurance Co. No. fore the recommendation of the CAG 882475 City Attorney that said claims be Gilbert D. Chavenelle denied. City Manager Original claims are returned Mayor Justmann moved that the hwith. ere communication be received and fil- R. N. Russo ed and filing be approved. Second- City Attorney ed by Councilman Stackis, Carried Councilman Thorns moved that by the following vote: Yeas—Mayor Justmann, Council- the communication be received and men Brady, Lundh, Stackis, Thoms. filed and recommendation of de- Nay.S—None. Hist be approved. Seconded by May 16, 1975 Mayor Justmann. Carried by the Honorable Mayor following vote: Yeas—Mayor Justmann, Council - and City Council At the May 12 meeting, City men Brady, Lundh, Stackis, Thorns. Council agreed to the concept of Nays—None. the city joining with the East Cen- May 15, 1975 tral Intergovernmental Association Honorable Mayor to carry out the HUD 701 Program and City Council for the coming fiscal year. On January 20, 1975, claim was Several activities were proposed filed by Mrs. Vera Hanley, 247 W. and discussed at the May 12 meet- 11th Street, Apartment 10, Dubu- ing; however, no final decision was que, against the City in an un - reached as to the direction the city stated amount and alleging person - should pursue. al injuries as the result of a fall At the May 19 council meeting on a sidewalk in Town Clock Plaza we would like to further explain on January 2, 1975, and claimant the 701 Program and to furnish alleged snow covered the sidewalk additional information about the as the cause of her fall. proposals which were outlined in This matter was referred to the some detail last Monday. appropriate City Agency who has The 701 Program has been bene- made an investigation thereof and ficial to the city, and it is in our reports no negligence or liability best interest to continue to utilize on the part of the City. It is there.- i these funds to accomplish needed for the recommendation of the City tasks. Attorney that said claim be denied. Gilbert D. Chavenelle Original claim is returned here - City Manager with. Councilman Stackis moved that R. N. Russo the 701 Program be approved. Sec- City Attorney onded by Councilman Lundh. Car- Councilman Thorns moved that ried by the following vote: the communication be received Yeas—Councilmen Lundh, Stack- and filed and recommendation of is, Thorns. denial be approved. Seconded by V Special Session, May 19, 1975 211 Mayor Justmann. Carried by the following Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. ;days --None. May 15, 1975 iionorable and City Council o ncil On April 21, 1975, Charles Nien- steadt, 2230 Whitt Street, Dubu- que, filed claim against the City of Dubuque, claiming water at r1975 ages occurring on April and alleging said damages were caused by a defective installation of a new meter. This matter was referred to the appropriate City Agency who has reported by letter to this office that. the matter has been taken care of. It is therefor the recommenda- tion of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of de. nial be approved. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of John M. Far- rell, in the amount of $1000.00, for car damage and persunal injuries received while driving across rail- road tracks at 7th Street on May 9, 1975, presented and read. Coun- cilman Thoms moved that the Not. ice of Claim be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Virgil Lee Hutchinson, in an estimated amount of $86.52, for car damage incurred as the result of being struck by a city owned vehicle at 13th and Iowa Street on May 9, 1975, presented and read. Council- man Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council - nen Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Suit of Eileen M. Holz, "ity of Dubuque & J. C. Penney Co., Inc., defendants in the amount of $21,000 as the result of injur- ies received in a fall in the alley to the rear of Penneys store over a curb or tire stop on January 10, 1975, presented and read. Council- man Thoms moved that the Notice of Suit be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thoms. Naps—None. Notice of Claim of William P. Meyers and Laura J. Meyers (min- or), in an undetermined amount, for injuries received by said minor in a fall on a defective sidewalk at 817 Lawther Ave. on May 12, 1975. presented and read. Councilman Thoms moved that the Notice of Claim be referred to the City Solic- itor for proper proceedings. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to amend Ordinance No. 36-55 by enacting a new sub- section to prohibit smoking in bus- es. uses. 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 Thoms moved that the proof of publica- tion be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 15.75 ..An Ordinance Amending Ordi- nance No. 36.55 by enacting a new Subsection E to Section 1 thereof to prohibit smoking in buses, and in any other motor vehicles hauling farepaying pas- sengers operated by the Dubuque Transit Authority, City of Du- buque, Iowa, said Ordinance having been pre- viously presented and read at the Council meeting of May 5, 1975, presented for final adoption. 212 Special Session, May 19, 1975 ORDINANCE NO. 15-75 AN ORDINANCE AMENDING OR- DINANCE NO. 36-11 BY ENACTING A NEW SUBSECTION E TO SECTION 1 THEREOF TO PROHIBIT SMOKING IN BUSES, AND IN ANY OTHER MOTOR VEHICLES HAULING FARE - PAYING PASSENGERS OPERATED BY THE DUBUQUE TRANSIT AUTHOR- ITY, CITY OF DUBUQUE, IOWA. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1: That Ordinance No. 36- 15 be and the same is hereby amended by enacting a new subsection "e" to sec- tion 1 thereof, as follows: "SECTION 1: No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire producing device not especially author- ized for use in such places by the Fire Chief, in any of the following places: (a) Retail stores. Retail stores designed and arranged to accommodate more than 100 persons, or in which more than 10 persons are employed. This prohibition shall not apply to smok- ing in rest rooms, restaurants, ex- ecutive offices or beauty parlors in retail stores, when specilifally ap- proved by the Fire Chief by writ- ten order to the person having con- trol of the premises upon a finding that such use therein is not danger- ous to life or property. (b) Elevators. Elevators, regardless of capacity, in any public place. (c) Public lodging houses. In beds in hotels, dormitories and rooming and lodging houses. A printed notice ad- vising the occupant of the effect of this section shall be posted in a conscpicuous place in every room in the building. (d) Public theaters. During a perform- ance in public theaters, motion pic- ture houses, auditoriums, gymnas- iums, and the like, including the dressing rooms, except that the pro- hibition of this section shall not apply to smoking rooms and areas and rest rooms when specifically ap- proved by the Fire Chief by written order to the person having control of the premises, upon a finding that such use therein is not dangerous tc. life or property. The prohibition of this section shall not be construct to prohibit smoking by performer! on the stage as part of any theatrics'. production. (e) Buses operated by the Dubuqw Transit Authority of the City o1 Dubuque, Iowa, and any other motor vehicle operated by said Authoritl hauling fare -paying passengers in thi City of Dubuque, Iowa." Passed, approved and adopted this 19th :lay of May, 1976. C. Robert Justmann Mayor .lames E. Brady Alvin F. Lundh Allan T. Thoms Mike Stackis Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of May 1971. Leo F. Frommelt City Clerk It. 1-23 Councilman Thoms moved final adoption of the Ordinance. Second- ed by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Laurence Vize et al (67 signatures) requesting black - topping of the area under the basketball net at Madison Park, presented and read. Councilman Lundh moved that the petition be referred to the Park Board for recommendation and approval. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition by Resolution from the Library Board requesting that Rev. Karl Schroeder be appointed to the Library Board of Trustees, pre- sented and read. Councilman Thoms moved that the petition be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas ---Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Dubuque Packing Co. requesting that parking be prohib- ited on the south side of 15th Street from Sycamore Street to a point two blocks east of Sycamore, presented and read. Councilman Thoms moved that the petition be received and filed and referred to the City Manager and Traffic De- partment. Seconded by Mayor Just - mann. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Special Session, May 19, 1975 213 Petition of James L. Kritz et al (61 signers), senior citizens object- ing to the issuance of a license for the Broken Spur or any other op- eration that would hinder or dis. tract from the 4th Street neighbor- hood, presented and read. Council. man Thoms moved that the peti- tion be received and filed and re- ferred to Council and Chief of police. Seconded by Mayor Just - mann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Knights of Columbus requesting permission to conduct a parade at 4 P.M. on Saturday May 31, 1975 as part of their State convention activities, presented and read. Councilman Thoms mov- ed that the petition be received and filed and approved and refer- red to the City Manager for imple- mentation. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Dubuque Mu- nicipal Airport requesting approv- al of local funds for share of cost of constructing a 3" asphalt mat on North-South Runway, presented and read. Mayor Justmann moved that the communication be receiv. ed and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. A Resolution authorizing Airport Commission to file an application with U.S. Department of Transpor- tation, Federal Aviation Agency, for funds for airway improvements and approving local funding, pre- sented and read. Councilman Thoms moved that the resolution be referred to the Iowa Aeronaut- ics Commission. Seconded by May- or Justmann. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. EXTRACT FROM THE MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, HELD ON MAY 19, 1975. The following Resolution was in. troduced by Emil Stackis, read in full and considered; seconded by Alvin E. Lundh. On roll call the vote was Yeas—,Councilmen James E. Brady, Alvin E. Lundh, Emil Stackis, Allan T. Thoms. Nays— Mayor C. Robert Justmann. RESOLUTION NO. 152.75 Resolution Adopting and Approv. ing the Execution of an Accept- ance of a Grant Offer from the Administrator of the Federal Aviation Administration Acting for the United States of Amer. ica to the City of Dubuque, Iowa, for the purpose of obtaining Fed. eral Aid in the Development of the Dubuque Municipal Airport, under Project No. 8.19.0028.01. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Du- buque, Iowa, shall for the purpose of obtaining Federal aid in the de- velopment of the Dubuque Munici- pal Airport, enter into a Grant Agreement with the United States of America by executing an accept- ance of a Grant Offer from the Ad- ministrator of the Federal Aviation Administration, acting for the United States of America, to the City of Dubuque, Iowa, and that such Grant Offer shall be set forth hereinbelow under Section 4. Section 2. The City of Dubuque, Iowa, does hereby ratify and adopt all statements, representations, warranties, covenants, and agree- ments contained in the Project Ap- plication and in the nondiscrimina- tion assurances incorporated in the said Grant Offer. Section 3. That the Airport Com- mission of the City of Dubuque, Iowa, acting through its officer or officers designated by it to so act, is hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. Section 4. That the Grant Offer referred to hereinabove shall be as follows: (attachment) The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorp- orated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provid- ed, and said Offer and Acceptance shall compromise a Grant Agree- ment, as provided by the Airport 214 Special Session, May 19, 1975 and Airway Development. Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the ac- complishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMF.RICA FEDERAL AVIATION ADMIN- ISTRATION By Wm. Jack Sasser (TITLE) Acting for Chief, Airports Divi- sion, Central Region Part II -Acceptance The City of Dubuque, Iowa does hereby ratify and adopt all state- ments, representations, warranties, covenants, and agreements contain- ed in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 19th day of May, 1975. The City of Dubuque, Iowa (Name of Sponsor) By C. Robert Justmann Title Mayor (SEAL) Attest: Leo F. Frommelt City Clerk RESOLUTION NO. 153-75 Approval of preliminary plans, specifications, form of contract. plat, and all other documents for the construction of Washington Street Traffic Diverters at an esti- mated cost of $13,904.44, presented and read. Councilman Stackis mov- ed adoption of the resolution. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas—Mayor Justmann, Council men Brady, Stackis, Thoms. Nays—None. Abstain—Councilman Lundh. (Necessity for 'Improvement) RESOLUTION NO. 154-75 WHEREAS, proposed plans, spec ifications, form of contract have been duly prepared and approve( )y the City Council of the City of ?ubuque and are now on file in he office of lite City Clerk show. ng among other things the follow - ng: 1. An estimate of the cost of the proposed improvement for the Washington Street Traffic Diverters. BE IT THEREFORE RESOLVED .hat the City Council on its own notion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, 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 proposed improvement, they shall he deem- ed to have waived all objections thereto. Said improvement 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 paid from the Road Use Tax Funds. The above resolution was intro. duced, approved, and ordered plac- ed on file with the City Clerk this 19th day of May, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved ap- proval of the resolution. Second- ed by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Stackis. Nays—Councilman Thoms. Abstain—Councilman Lundh. (Fixing Date of Hearing) RESOLUTION NO. 155-75 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Special Session, May 19, 1975 215 Clerk for public inspection for the Washington Street Traffic Divert- ers. BE IT THEREFORE RESOLVED that on the 9th day of June, 1975, a public hearing will be held at 7;30 p.m. in the Council Chamber of the City of Dubuque at which time the objectors for the propos- ed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper publish- ed in the City of Dubuque which shall be. not less than ten (10) days prior to the day fixed for its con. sideration, and said Clerk is fur- ther instructed to advertise for proposals for the construction of the aforementioned improvement.. Passed, adopted and approved this 19th day of May, 1975. C. Robert. Justmann Mayor Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Stackis, Thorns. Nays—None. Abstain—Councilman Lundh. RESOLUTION NO. 156-75 WHEREAS, Jackson M. Marshall. by written offer dated May 8, 1975 from Jackson M. Marshall offering to convey certain real estate to the City of Dubuque as a gift; and WHEREAS, said written offer, a copy of which is hereto attached and by reference made a part here- of describes the real estate and sets out the terms of such said gift for park purposes; and WHEREAS, the City Council of the City of Dubuque, Iowa, deems it in the best public interest that said offer be accepted. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: The City Council of the City of Dubuque, Iowa, does hereby accept with gratitude the gift of certain real estate from Jackson M. Marshall, subject to the terms and conditions of said gift set out in Exhibit "A" hereto at- tached. Section 2: That the Mayor and City Clerk be and they are hereby authorized and directed to execute said acceptance for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. OFFER The undersigned, JACKSON M. MARSHALL, of Dubuque County, Iowa, hereby offers to give, grant and convey to the CITY OF DU- BUQUE, an Iowa Municipal Corp- oration, all his right, title and in- terest in and to the following de- scribed real estate, to -wit: The South West '/a of the South West '14 except right-of-way of.. record, and the North West Ya of the South East ya of the South West 'ia, all in Section 10, Township 89 North, Range 2 East of the 5th P.M.,o with and subject to easements and restrictions of record, reserv- ing however, a life estate in the dwelling house and lands con- tiguous thereto sufficient for a yard, together with reasonable and direct access thereto. and said gift to be subject to the following terms and conditions: I. The real estate which is the subject of this Offer, including at Mr. Marshall's death the property subject to the life est purposes ust be used for public park in perpetuity, with all of the property which is the subject of this gift 216 Special Session, May 19, 1975 except the property subject to life estate, to be open to and available to the public no less than one year from the date of acceptance of this gift, said use by the public of the park being subject to the regu- lations as to use for parks in the City of Dubuque, Iowa. In the event said park is not so opened to the public under said name, or is not used perpetually for park pur- poses, as provided herein, the title to the real estate which is the sub- ject of this Offer shall immediately revert to and vest in JACKSON M. MARSHALL, if he be then living, and if not the same shall immed- iately pass to and vest in DUBU- QUE A. F. & A. M. LODGE NO. 3 DUBUQUE, IOWA, c/o MASONIC TEMPLE, DUBUQUE, IOWA, with- out restriction. 2. Said park shall perpetually be known as MARSHALL PARK and an appropriate and lasting plaque suitably affixed honoring the Marshall Family placed at a prominent point near the entrance of said park, the expenses with re- gard thereto to be borne by the City of Dubuque. 3. That all expenses of survey and platting of the property re- served for a life estate, together with all legel fees incident thereto and to the transfer of the park to the City shall be borne by the City of Dubuque, along with abstracting costs. 4. Real estate taxes on the prop- erty which is the subject of this gift are currently paid. All other real estate taxes relating to the property which is the subject of this gift, together with any real estate or other taxes referable to the life estate shall be timely paid and borne by the City of Dubuque. It is contemplated that there will be no gift tax from this transac- tion, however, if there is any such gift tax the City of Dubuque shall have the option to either decline the gift or pay the tax, and reim- burse Jackson M. Marshall for any income tax consequences thereof. said decision to be timely made. 5. The City of Dubuque shall re imburse Mr. 'Marshall for any dam age done by City employees and/oi all third persons for damage to the dwelling house reserved as a lif( estate herein. 6. Mr. Marshall makes no rep- -esentations or warranties with re- tard to ownership, boundaries, or is to rights of access. The convey. ince to the City of Dubuque shall )e by Quit Claim Deed. Executed at Dubuque, Iowa, this 3 day of May, 1975. JACKSON M. MARSHALL ;TATE OF IOWA ) ) ss; COUNTY OF DUBUQUE ) On this ti day of May, 1975, be- fore me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jackson M. Marshall to me known to be the identical person named in and who executed the within and fore- going instrument, and acknowledg- ed that he executed the same as his voluntary act and deed. DAVID L. HAMMER Notary Public In and for the State of Iowa My Commission Expires Septem- ber 30, 1977. ACCEPTANCE The City of Dubuque, an Iowa Municipal corporation, does here- by accept with gratitude the above gift, subject to the terms and con- ditions of said gift, and agrees to hold and maintain said property subject to said terms and condi- tions. CITY OF DUBUQUE, IOWA By Robert C. Justmann, Mayor By Leo F. Frommelt, City Clerk RESOLUTION NO. 157-75 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 PERMIT Beecher Co., Inc., 1691 Asbury Road Beecher Co., Inc., 2399 White Street Welsh Enterprise, Inc., Grandview Dairy Store, 620 South Grand- view Special Session, May 19, 1975 217 Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 158.75 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 "C" BEER PERMITS Beecher Co., Inc., 1691 Asbury Road Beecher Co., Inc., 2399 White Street Welsh Enterprise, Inc., Grandview Dairy Store, 620 South Grand- view Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop tion of the resolution. Secondee by Councilman Stackis. Carried b! the following vote: i Yeas — Mayor Justmann, Coun- cilmen Prady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 159-75 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 LICENSE D.B.Q., Inc., Shot Tower .nn. 4th and Locust Streets (also Sunday Sales) John F. Hall, Bar X, 2616 Windsor Avenue (also Sunday Sales) Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 160.75 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 premisesto be occupied by such app licants inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE ITilRE- SOLVED by the City of Dubuque, IOWA, that the Manager t be authorized to causeamedap- plicants ed to the following n a Liquor License. 218 Special Session, May 19, 1975 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE D.B.Q. Inc., Shot. Tower Inn, 4th and Locust St. (also Sunday Sales) John F. Hall, Bar X, 2616 Wind- sor Ave. (also Sunday Sales) ... Passed, adopted and approved this 19th day of May 105, C. Robert Justmann Mayor Alvin E. I.undh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Councilman Thom', moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady. Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 161.75 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 LICENSE Dubuque Post No. 6 of the Amer- ican Legion, Iowa Department, 1306 Delhi Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays—Councilman Brady. RESOLUTION NO. 162.75 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 AND LIQUOR LICENSE Dubuque Post No. 6 of the Amer. ican Legion, Iowa Department, 1306 Delhi Street Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays --Councilman Brady. There being no further business, Mayor Justmann moved to ad- journ. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved September 8, 1975 Adopted September 8, 1975 Clerk Special Session, May 22, 1975 219 CITY COUNCIL Special Session, May 22, 1975. . . Council met at 5:00 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Erady, Lundh, Stack - is, Thoms. Absent — City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated thatservice thereof had been duly made and this meet- ing is called for the purpose of DISCUSSING RULES OF ORDER FOR CONDUCTING COUNCIL MEETINGS and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Mayor Just - mann with reference made to 1951 Rules, Resolution No. 250-51, presented and read. Councilman Thorns moved that rule considera- tion be tabled No. 1 thru No. 5. Seconded by Councilman Brady. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thorns. Nays—Mayor Justmann, At 5:15 P.M. Mayor Justmann moved to go into Executive Session to discuss personalities, Iowa Meeting Law and alleged violation of Rule 23. The City Solicitor sug- gested to review last Council Meeting, Public Health and Safety. Councilman Brady refused to go into Executive Session. Mayor Justmann moved that the motion to go into Executive Session be withdrawn. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Councilman Brady requested Council to absolve him of any charges labeled against him by the Mayor at this Meeting. Seconded by Councilman Stackis. Vote on the motion was as follows: Yeas—Councilmen Brady, Stack - is. Nays — Mayor Justmann, Coun- cilmen Lundh, Thorns. MOTION FAILED. APPEAL DE- NIED. Councilman Brady moved to go into Executive session to elect a new Mayor. Seconded by Council- man Stackis, Vote on the motion was as follows: Yeas -- Councilmen Brady, Stackis. Nays—Mayor Justmann, Council- men Lundh, Thorns. MOTION FAILED. Councilman Lundh moved to go into Executive session to elect a poses of resolving Council's inter- nal diff, rences. MOTION DIED FOR LACK OF A SECOND. Councilman Brady moved that the City Council go on record as offering an apology to the com- munity of the events that have happened at this meeting and at last Monday night's meeting and strive to get along more harmoni- ously. MOTION DIED FOR LACK OF A SECOND. Mayor Justmann moved that if Councilman Brady is so inclined as after what has happened he submit his resignation of which he spoke. MOTION DIED FOR LACK OF A SECOND. Councilman Lundh moved that Mr. Brady be given one week if he wishes to resign or work with- in the rules of the Council and that the decision be his, further amended by Councilman Thorns and Council censure Mr. Brady of acts injurious to the Council on Monday evening, May 19th, in the following manner: specifically in violation of Rule 6 being that the Mayor shall preserve and decide questions of order subject to ap- peal of the Council; Rule 23 and specifically referring to actions in- jurious to the harmony of the Council; and Rule 3 said actions being direct cause of effecting damage to a contractural agree- ment approved by Council major- ity. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Thorns. Nays — Councilmen Brady, Stackis. There being no further business, Councilman Thorns moved to ad- journ. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thorns. Nays—Councilman Brady. 220 Special Session, May 22, 1975 Leo F. Frommelt City Clerk Approved September 8, 1975 Adopted September 8, 1975 Special Session, May 27, 1975 221 CITY COUNCIL OFFICIAL Special Session, May 27, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann 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 ISSUANCE OF NOT TO EXCEED $1,750,000.00 OF INDUS- TRIAL DEVELOPMENT REVE- NUE BONDS (BETHANY HOME PROJECT) and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Corps of En- gineers advising of Notice of Pub- lic Hearing on June 19, 1975, at Rock Island concerning dredging & dredged material disposal op- erations in connection with main. taining a nine foot channel, pre- sented and read. Councilman Thoms moved that the communi- cation be received and filed and referred to Council. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of T. Edmonds of 710 Laurel Street proposing closing of Grandview entrance of Murphy Park to all but pedestrian traffic and allow motorized traf- fic from Kerrigan Road to proceed only to the main parking area, pre- sented and read. Mayor Justmann moved that the communication be referred to the Park Board for rec- ommendation. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Board of Dock Commissioners recommend- ing vacation of Tower Street to Fischer Industries, also having no objections to the vacation of Front Street to Dubuque Lumber Co., presented and read. Mayor Just- nann moved that the communi- ,ation be received and filed and ,-eferred to the Dock Commission, City Manager and Council. Sec- anded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Board of Dock Commissioners submitting minutes of meetings of April 30th and Mya 14th with particular reference to charges for boat launching ramps, presented and read. Mayor Justmann moved that the commu- nication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. May 21, 1975 Honorable Mayor and City Council I hereby submit the annual statement for 1974 for Peoples Natural Gas Division. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be recelved and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of List of Re- ceipts and Disbursements and list of claims for April, 1975, present- ed and read. Councilman Thorns moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. May 22, 1975 Honorable Mayor and Members of the City Council I have approved the following policy and desire to have your approval for filing same. GENERAL LIABILITY Louis Jaeger Policy No, CLO86462 G. L. and wC 023127 in force 222 Special Session, May 27, 1975 from 12-16-74 to 12.16-75. Amer- ican States Insurance Co. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and filing approved sub- ject to the approval of the City Attorney. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of May 20, 1975, presented and read. Coun- cilman Thoms moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Medical As- sociates advising until such time Council and Planning & Zoning Commission may be able to amend Ordinance No. 10-73, they have elected to discontinue the sale of lenses etc., this voluntary action is without prejudice to the rights of Medical Associates, presented and read. Councilman Stackis moved that the communication be received and filed and two pro- posed Ordinances be filed with the City Clerk. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Planning & Zoning Commission submitting minutes of their meeting of May 21, 1975, presented and read. Councilman Thoms moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Elaine Bax. ter of Burlington, Iowa, advising of Preservation Conference to be held in Burlington, Iowa, present ed and read. Mayor Justmann moved that the communication be referred to Dan Dittemore. Sec- )nded by Councilman Stackis. Car. ried by the following vote: Yeas — Mayor Justmann, Coun. zilmen Brady, Lundh, Stackis, rhoms. Nays—None. Communication of Congressman Michael T. Blouin submitting Fed- eral guidelines to be applied in evaluating activities involving the discharge of dredged materials from the Mississippi River, pre- sented and read. Mayor Justmann moved that the communication be received and filed and referred to Staff. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Congressman Michael T. Blouin advising of a public hearing to be held on June 17th at Kansas City, Mo., relating to municipal waste water treat- ment plants, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Congressman Michael T. Blouin making arrange- ments for the purchase of a 5' x 8' outdoor nylon flag for City Hall, after being flown over the Capitol it will be forwarded to the City, presented and read. Mayor Just - mann moved that the communica- tion be received and filed. Second. ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Senator Dick Clark being much impressed with Dubuque's Beautification Project, presented and read. Mayor Just - mann moved that the communi- cation be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Special Session, May 27, 1975 223 Notice of Claim of Frances M. Haupert, in the amount of $50, for replacement cost of glasses as the result of a fall on a defective sidewalk at 285 N. Grandview on May 15, 1974. presented and read. i Councilman Thoms moved that the notice of olicitor bereferred proper to the City claim proceedings. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays --None. Notice of Claim of Lloyd L. Pet- erson, in the amount of $5,000, for personal injuries received in a fall at an excavation on Second Street at the alley intersection on April 17, 1975, presented and read. Coun- cilman Thoms moved that the no- tice of claim be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. May 23, 1975 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Harold Miller requesting Multiple - residence, professional office clas- sification on property described as Lot 10 of Block 3 in the Mettel- Link Subdivision. This property is located at the southeast corner of the intersection of JFK Road at Carter Road, and is presently in the Single-family Residence clas- sification. The Commission has found that single-family residence use is no longer appropriate on lots origi- nally platted for that purpose but fronting on JFK Road. In similar situations in the Westside Manor Subdivision and in the Westches- ter Subdivision, the Commission and Council have favored the use of the Multiple -family, profession- al office classification as an appro- priate buffer between the existing g single-family residences and J Road. The Commission has deter- mined that this policy is applica ble to Lot 10 of Block 3 and has recommended that the petition for Multiple -residence and inclusion in paragraph (h), for professional office use, should be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa," by amending Arti- cle IV, Section 2(h) thereof to include "Lot 10 of Block 3 of Met - tel -Link Subdivision," in which pro- fessional offices or studios of a Physician, Dentist, Arch'.tect, En- gineer, Lawyer, Realtor, Insurance, Musician, or similar professions may be permitted, presented and read. Councilman Thoms moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman 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 Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays --None. Councilman Thoms moved that a public hearing be held on the Ordinance on June 23, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. s Petition of Dubuque Transit Trustee Board requesting a work 224 Special Session, May 27, 1975 session with the Council, the Transit Authority and representa- tives from Dubuque Metropolitan Area Transportation Study, pre- sented and read. Councilman Stackis moved that the petition be received and filed and work ses- sion scheduled for June 11, 1975. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Stackis, Thorns. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to consider adoption of a resolution declaring its inten- tion of issuing $1,750,000. Indus- trial Development Bonds for Beth- any Home Project, 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. Mayor Justmann moved that the proof of publication be received and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 163-75 Resolution Approving Proceed- ing with the issuance and sale of not to exceed $1,750,000.00 aggregate principal amount of industrial development (Health Care Facility) revenue bonds (Bethany Home Project) WHEREAS, notice of hearing on the proposal to issue not to ex- ceed $1,750,000.00 aggregate prin- cipal amount of Industrial Devel- opment (Health Care Facility) Rev- enue Bonds (Bethany Home Proj- ect), of the City of Dubuque, Iowa, pursuant to the provisions of Chap- ter 419, Iowa Code, 1973, as amend- ed, has been published as re- quired by law; and WHEREAS, a public hearing has been held and any and all objec- tions or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Dubuque, Iowa, that said Bonds be issued as proposed: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That any and all ob- jections to the issuance of the above mentioned Bonds for the benefit of Bethany Home, an Iowa non-profit corporation, are hereby overruled. Section 2. That this Council shall proceed with the necessary proceedings relating to the issu- ance of said Bonds as soon as the required documentation has been prepared by Bond Counsel, and approved by the City Attorney of said City. Provided that this Reso- lution shall not be construed as giving approval to the draft. Loan Agreement and the draft Inden- ture of Trust. Further provided that the City reserves the right to approve the Loan Agreement, Trust Indenture and, to the extent applicable, interim financing ar. rangements prior to the final ap- proval of the issuance and sale of the bonds. Section 3. That in accordance with Section 419.2, Iowa Code, 1973, this Council, based upon nec- essary investigations finds that the rentals for such Health Care Facility Project, as contemplated, if a lease is entered into between the City and the Health Care Fa- cility, will be not less than the average rental cost for like or sim- ilar facilities within the competi- tive commercial area. Section 4. That said Bonds, when and if issued, and the interest thereon and any premium, will be payable solely out of the revenues derived from said Health Care Fa- cility Project and shall never con- stitute an indebtedness of the City of Dubuque, Iowa, within the meaning of any state constitution- al provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of Dubuque., Iowa, or a charge against its general credit or taxing powers. Passed and approved, May 27, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Special Session, May 27, 1975 225 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- denev of Resolution of Necessity for construction of City of Du- buque 1975 Paving Project No. 1: Dodge Street from Bluff to 325' east to Grandview: Dodge Street t widening: Cherry Street - hauser St., Asbury Rd., Edison St., E. 14th St., Fengler St., Grandview Ave., Loras Blvd.. Mt. Carmel Rd., Paul St., Pennsylvania Ave., Rock- dale Rd., Ninth St. & University widening, presented and read. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Statement of City Clerk certify- ing that notices have been mailed by certified mail on May 9th, to property owners of record, for con- sideration on resolution of neces- sity and public hearing, presented and read. Councilman Stackis moved that the statement be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Paul Schnorenberg, Grace Schnorenberg, Chuck Pierson, Dick Hansel and Mrs. Lester Schwinn addressed the Council objecting to the proposed improvements on As- bury Road. Councilman Stackis moved that. Asbury Road from the E.P.L. of Crissy Drive to the W.P. L. of Carter Road be eliminated from the City of Dubuque 1975 Paving Project No. 1. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays—Councilman Lundh. Petition of Lila Manthey et al (21 signers) objecting to the pro- posed paving of Paul Street, pre- sented and read. Councilman Stackis moved that the petition be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Margery Gansemer et al objecting to proposed im- provement of Asbury Road from the E.P.L. of Crissy Drive to the W.P.L. of Carter Road, presented and read. Councilman Thoms moved that the petition be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Thoms moved to suspend the rules to let anyone Present address the Council if they so desire. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: 1— Dewain Manthey, Leonard Zelin- skas, Pat Gross, Mel Griesinger, Clem Welsh and Virginia Grimes voiced objections to the paving of Paul Street. Gerald L. Flores spoke in favor of the improvement. Councilman Thoms moved that Paul Street be retained in the City of Dubuque 1975 Asphalt Paving Project No. 1. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas ---Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. Petition of Bob Molo et al in- dicating support for construction of Rockdale Road. if truck traffic is prohibited and also that high speed traffic be controlled, pre- sented and read. Councilman Stack - is moved that the petition be re- ferred to the City Manager and Staff. Seconded by Mayor Just - mann. Carried by the following vote: Yeas —, Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. 226 Special Session, May 27, 1975 Bob Molo and Robert O'Meara addressed the Council as being in favor of paving Rockdale Road and requested thru traffic be prohib- ited, and high speed traffic be con- trolled. Michael Coyle favored pav- ing of Rockdale Road but objected to the method of assessment. Ma- yor Justmann moved that Rock- dale Road be retained in the City of Dubuque 1975 Asphalt Paving Project. No. 1. Seconded by Coun- cilman Thorns. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of H. F. Heitzman et al (11 signers) objecting to the closing of Cherry Street just be- cause it is in need of repair, pre- sented and read. Councilman Stackis moved that the petition be received and filed. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Councilman Brady moved to eliminate Cherry Street Alley from the City of Dubuque 1975 Asnhalt Paving Project No. 1. MOTION DIED FOR LACK OF A SECOND. RESOLUTION NO. 164-75 Resolution Amending Resolution No. 117-75. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 117-75 being the Resolution of Ne- cessity for the City of Dubuque 1975 ASPHALT PAVING PROJECT NO. 1, be and the same is hereby amended by deleting the following Portions of the following named streets therefrom: Asbury Road from the east property line of Crissy Drive to the west property line of Carter Road. Passed, adopted and approved this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Attest: Councilmen Leo F. Frommeit City Clerk Councilman Thorns moved adop. tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thorns. Nays—None. (Necessity for Improvement) RESOLUTION NO. 117.75 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 assessment limits if any. 2. The streets to be improved. 3. The width of such improve. ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the 1975 ASPHALT PAVING PROJECT NO. 1 SECTION 1 Dodge Street from the east curb line of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. SECTION II Dodge Street widening from the east curb line of Grandview Ave- nue to a point 325 feet east of the east curb line of Grandview Ave- nue. SECTION 111 1. Alley from the west end of Cherry Street to the north curb line of Pennsylvania Avenue. 2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Edison Street from the west curb line of Althauser Street to the east curb line of Stafford Street. 4. East Fourteenth Street from the east curb line of White Street to the west curb line of Elm Street. Special Session, May 27, 1975 227 5, Fengler Street from a point 50 feet west of the Overpass to a point 5o feet east of the Overpass. 6, Grandview Avenue from the north curb line of Kaufmann Ave- nue to the north curb line of Kane Street. 7. Loras Blvd. and University Intersection—Island R. Mount Carmel Road from the north property line of South Grandview Avenue north 517 feet to the end of the existing concrete pavement. 9. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 10, Pennsylvania Avenue from the west curb line of John F. Ken- nedy Road to the west property line of Key Knolls Subdivision. 11. Rockdale Road from the south property line of A. H. Oeth Subdivision No. 4 to the Old City limits, a distance of 2.121.27 feet. 12. Ninth Street and University Avenue Intersection—widening at the southeast corner. 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- 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. Street Improvement Bonds shall be issued and sold in antici- pation 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 por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of May, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended by the City Council this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved final adoption of the resolution. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 165-75 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1975 Asphalt Paving Project No. 1: SECTION I Dodge Street from the east curb line of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. SECTION II Dodge Street widening from the east curb line of Grandview Ave- nue to a point 325 feet east of the east curb line of Grandview Ave- nue. SECTION 111 1. Alley from the west end of Cherry Street to the north curb line of Pennsylvania Avenue. 228 Special Session, May 27, 1975 2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Edison Street from the west curb line of Althauser Street to the east curb line of Stafford Street. 4. East Fourteenth Street from the east curb line of White Street to the west curb line of Elm Street. 5. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet east of the Over- pass. 6. Grandview Avenue from the north curb line of Kaufmann Ave. nue to the north curb line of Kane Street. 7. Loras Blvd. and University Avenue Intersection—Island. 8. Mount Carmel Road from the north property line of South Grandview Avenue north 517 feet to the end of the existing concrete pavement. 9. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 10. Pennsylvania Avenue from the west curb line of John F. Ken- nedy Road to the west property line of Key Knolls Subdivision. 11. Rockdale Road from the south property line of A. H. Oeth Subdivision No. 4 to the old City limits, a distance of 2.12127 feet. 12. Ninth Street and University Avenue Intersection — widening at the southeast corner. Have been approved by the City Council of the City of Dubuque and public notice given as provid. ed by Chapter 23 of the Code of Iowa, 1973 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time he. Ing this 27th day of May, 1975; and WHEREAS, the City Council met in special session this 27th day of May, 1975, 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 parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City 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 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Ordering Construction) RESOLUTION NO. 166.75 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 117.75 which was duly passed by this Council, for the City of Dubuque 1975 Asphalt Paving Project No. 1: SECTION I Dodge: Street from the east curb line of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. SECTION 11 Dodge Street widening from the east curb line of Grandview Special Session, May 27, 1975 229 Avenue to a point 325 feet east of from the improvements, whether the east curb line of Grandview such property abut upon the same Avenue. or are adjacent thereto, according SECTION III to the area thereof and in propor- 1. Alley from the west end of tion to the special benefits con. Cherry Street to the north curb ferred, and any deficiency will be line of Pennsylvania Avenue paid out of the R.U.T. Fund. Pay - 2. Althauser Street from the ment will be made to the con - south curb line of Edison Street tractor out of funds realized from to the east curb line of Stafford the bonds ale o issueetin anticipation rovement Street 3. Edison Street from the west of deferred payments of assess - curb line of Althauser Street to ments as provided by law after the east curb line of Stafford the work accepted has the n completed oCouncil. l d and Street. 4. East Fourteenth Street from BE IT FURTHER RESOLVED the east curb line of White Street that the City Clerk be and he is to the west curb line of Elm hereby ordered and directed to ad - Street. erproposals for the con - 5. Fengler Street from a point struction of the various improve - 50 feet west of the Overpass to a ments herein provided for in the point 50 feet east of the Overpass. manner provided by law, the said 8. Grandview Avenue from the improvements shall be completed north curb line of Kaufmann Ave- on or before 90 days after notice nue to the north curb line of Kane to proceed has been issued. Street. BE IT FURTHER RESOLVED 7. Loras Blvd. and University that this resolution being deemed Avenue Intersection—Island urgent and of immediate necessity 8. Mount Carmel Road from the shall be in force and effect from north property line of South and after its passage and adoption Grandview Avenue north 517 feet by the City Council. to the end of the existing con- Passed, adopted and approved trete pavement. this 27th day of May, 1975. 9. Paul Street from the north C. Robert Justmann property line of Clarke Drive to Mayor the south property line of Lowell Alvin E. Lundh Street. Emil Stackts 10. Pennsylvania Avenue from James E. Brady the west curb line of John F. Allan T. Thorns Kennedy Road to the west prop- Councilmen Attest: Leo F. Froramelt City Clerk erty line of Key Knolls Subdivi- sion. I sion. 11. Rockdale Road from the south property line of A. H. Oeth Councilman Thoma moved adop tion of the resolution. Seconded b the following vote: Yeas —Mayor Justmann, Coun ilmen Brady, Lundh, Stackis Subdivision No. 4 to the old City limits, a distance of 2,121.27 feet. by Mayor Justmann. Carried y 12. Ninth Street and University Avenue Intersection—widening at - the southeast corner. , Be and the same are hereby or- Thorns. Nays—None. or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifica- tions 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 ly- ing within the assessable distance COUNCIL RECESSED AT 10:10 Pldl. RECONVENED AT 10:18 P.M. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces• sity for construction of School Sig- nal Improvement Project; J.F.K. Road as Eisenhower, Pennsylvania at Irving, Loras Blvd. between Glen Oak and Booth, W, Locust at Jackson School, Bryant at Bryant School, Central Ave. at Fulton 230 Special Session, May 27, 1975 School, Central Ave. at Holy Ghost School, White Street at St. Mary's School, Central Ave. at. 15th St., Rhomberg Ave. at Marshall School and Rhom Trinity School, 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. Council. man Thorns moved that the proof of publication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. (Necessity For Improvement) RESOLUTION NO. 13475 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved 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. An estimate of the cost of the proposed improvement for the School Signal Improvement Proj- ect. John F. Kennedy Road at Eisen- hower School Pennsylvania Avenue at Irving School Loras Boulevard between Glen Oak and Booth West Locust Street at Jackson School Bryant Street at Bryant School Central Avenue at Fulton School Central Avenue at Holy Ghost School White Street at St. Mary's School Central Avenue at 15th Street Rhomberg Avenue at Marshall School Rhomberg Avenue at Holy Trin- ity School 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 hereinmentioned 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 proposed improvement, they shall 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 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 paid from the Road Use Tax Funds. The above resolution was in. troduced, approved, and ordered placed on file with the City Clerk this 5th day of May, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Ilrady Allan T. Thorns Councilmen A ttest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Decision of Council upon objet• tions to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 167-75 WHEREAS, proposed plans and specifications and form of contract for the SCHOOL SIGNAL IM- PROVEMENT PROJECT. John F. Kennedy Road at Eisen- hower School Pennsylvania Avenue at Irving School Loras Boulevard between Glen Oak and Booth West Locust Street at Jackson School Bryant Street at Bryant School Central Avenue at Fulton School Central Avenue at Holy Ghost School White Street at St. Mary's School Special Session, May 27, 1975 231 Central Avenue at 15th Street Rhomberg Avenue at Marshall School Rhomberg Avenue at Holy Trin- ity School Have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter23ofthe Code to pub - of Iowa, 1973, pertaining lie contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 27th day of May, 1975: and Whereas the City Council met in special session this 27th day of May, 1975, 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 opportun- ity to be heard and all objections which have been duly weighed and considered, now, therefore BE IT RESOLVED by the Citv Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved 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 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen ttest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- .ion of the resolution. Seconded by dayor Justmann. Carried by the ollowing vote: Yeas — Mayor Justmann, Coun. 11men Brady, Lundh, Stackis, rhoms. Nays—None. (Ordering Construction) RESOLUTION NO. 168.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 130.75 which was duly passed by this Council for the improvement of School Signal Improvement Project. John F. Kennedy Road at Eisen- hower School Pennsylvania Avenue at Irving School Loras Boulevard between Glen Oak and Booth West Locust Street at Jackson School Bryant Street at Bryant School Central Avenue at Fulton School Central Avenue at Holy Ghost School White Street at St. Mary's School Central Avenue at 15th Street Rhomberg Avenue at Marshall School Rhomberg Avenue at Holy Trin- ity School Be and same is hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All work shall be constructed in 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 said improvement be paid from the Road Use Tax and TOPICS. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. The City Clerk is instructed to ad- vertise for proposals for the con- struction of the above improve- 232; Special Session, May 27, 1975 ment. Passed, adopted and ap- proved this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. I.undh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thomsmoved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 169.75 Resolution Amending Resolution No. 279.74 Approving "West- chester" in the City of Dubuque, Iowa, for the Purposes of Add- ing a Street Previously Not In- cluded. Whereas, there has been re- corded in the Office of the Coun- ty Recorder for Dubuque County, Iowa: A plat of "Westchester" in Section 21, Dubuque Township now in the City of Dubuque, Iowa, by Westchester Inc, as Owner thereof, and Whereas, previously hereto, Res- olution No. 279-74 was adopted on the 22nd day of July, 1974, for the purposes of accepting "Westches- ter," and inadvertently Venture Court was not mentioned as being dedicated and accepted by the City of Dubuque, Iowa, and Whereas, Venture Court should have been included as a street, and Whereas, said plat was exam- ined by the City Planning & Zon- ing Commission and approved by said body, and Whereas, on said plat appears streets to be known as Southway, Delmonaco Drive, Venture: Court and Dana Drive, and also ease. ments for public utilities which the owner upon said plat has dedi. cated to public forever, and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi. nances relating thereto except that the streets have not been re- duced to grade or paving, sewer, water or sidewalks installed there. in; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Southway. Dana Drive, Delmon- aco Drive and Venture Court to- gether with the easements for pub. lic utilities all as the same ap. pears upon said plat, be and the same are hereby accepted and that said streets be and are hereby es- tablished as public streets in the City of Dubuque. Section 2. That "Westchester" is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque providing the Owner of said prop- erty, hereinbefore named, exe- cutes written acceptance hereto attached, agreeing: a. To reduce Southway, Delmon- aco Drive, Dana Drive and Venture Court and to grade as shown by the profiles submitted and ap- proved by the City Engineer on July 19, 1974. b. To surface all streets a width of 31 feet with W4" of Portland Cement Concrete Pavement in- cluding 4" rolled stone base bed- ding or 8" Rolled Stone Base with 21ii" Bituminous Concrete Surface. All of the foregoing shall be con- structed according to the latest City of Dubuque Specifications and in conformance with plans ap- proved by the City Engineer on July 19, 1974. c. To install sidewalks on both sides of the streets all in accord- ance with the City of Dubuque Standard Specifications for perma- nent sidewalks. d. To install water mains in ac. cordance with plans submitted and approved by the City Engineer on July 19, 1974. e. To install sanitary sewers in accordance with Plans submitted and approved by the City Engi- neer on July 19, 1974. f. To install the sanitary sewer and water house laterals for each lot to be behind the property lines in accordance with plans submit- ted and approved by the City En- gineer on July 19, 1974. g. To construct all the improve- ments in accordance with plans Special Session, May 27, 1975 233 and specifications approved by the City Manager and under the in- spection of the City Engineer. h. To install the storm sewer system in accordance with plans submitted and approved by the City Engineer on July 19, 1974. I. To maintain all street im- provements and sewer and water mains and respective laterals with- in the public right of way for a period of four years from the date of its acceptance. j. To construct all said im- provements prior to November 30, 1976. k. To provide all the construc- tion and maintenance at the ex- pense of the Owner. 1. To be responsible for any damage to existing utilities during construction including silting of catch basins due to runoff from stripped areas of land, and further repair said damages immediately upon notice from the City of Du- buque. m. To install in accordance with City Specifications, boulevard street lighting within 30 days af- ter the completion of the adjacent curb and gutter within any par- ticular section of the proposed subdivision. n. To protect and maintain the earthen and sodded berms con- structed on the westerly area of the subdivision for the purpose of collecting storm runoff and same shall become a permanent and in- corporated part of the final grad- ing and landscaping of the subdi- vision. Any damages of said berm or regrading thereof shall be cor- rected at the owners expense im- mediately by the owner upon noti- fication of the City of Dubuque. And further provided that West- chester, Inc., as Owner of said Subdivision secured the perform- ance of the foregoing conditions by providing security in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Westchester, Inc. shall fail to exe- cute the acceptance and provide security provided for in Section 2 hereof within 45 days from the date of this Resolution, the pro. visions hereof of the plat shall not be effective. 1 Passed, adopted and approved by recorded roll call vote this 27th day of May, 1975. C. Robert Justmann . Mayor James E. Brady Emil Stackis Alvin E. Lundh Allan T. Thoms Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required for the foregoing Resolution 169-75 has been pro- vided by the Owner. Dubuque, Iowa, June 2, 1975. Gilbert D. Chavenelle City Manager Acceptance of Resolution No. 169.75 Westchester, Inc., having read the terms and conditions of the foregoing Resolution 169-75, and being familiar with the contents thereof, hereby accept the same and agree to perform the condi- tions therein required. WESTCHESTER, INC. By Homer V. Butt, President and Ed Turnquist, Secretary Dated June 13, 1975. Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to the Public that the Council sub- mitted to the U.S. Department of Housing & Urban Development an application for a Community De- velopment Block Grant, presented and read. Councilman Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundb, Stackis, Thorns. Nays—None. Communication of Low -Rent Housing Commission submitting resolutions for a request to con- vert Section 23 Housing Assist- ance Payments Program to Section 8 Housing Assistance, also direct- ing the submission of an applica- 234 Special Session, May 27, 1975 tion for a low income housing pro- gram under Section 8, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 170.75 Authorizing the submission of a request to convert a Section 23 Housing Assistance Payments Program to a Section 8 Housing Assistance Payment Program WHEREAS, under date of May 5, 1975, City Council adopted Resolution No. 127-75 authorizing the execution and submission of an Annual Contributions Contract to undertake a Section 23 Housing Assistance Payments Program: and WHEREAS, pursuant to the rules and regulations governing the Section 8 Housing Assistance Payment Program published on May 5, 1975, local housing agen- cies are provided an option to convert Section 23 housing pro- grams to the Section 8 program: and WHEREAS, it is deemed to be in the best interests of the City of Dubuque to request such a con- version; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to advise the Secretary of the U.S. Department of Housing and Ur- ban Development that the City of Dubuque wishes to convert the Section 23 Housing Assistance Payments Program authorized by the Annual Contributions Con- tract No. KC 9004 to a Section 8 Housing Assistance Payment Pro- gram. SECTION 2. That the City Man- ager and the Director of the De- partment of Community Develop- ment be and they are hereby au- thorized and directed to provide such additional supporting docu- mentation which may be required by the U.S. Department of Hous- ing and Urban Development to effect such a conversion. Passed, approved and adopted this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Attest: Councilmen Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Th oms. Nays—None. RESOLUTION NO. 171-75 Authorizing and directing the submission of an application for a low income housing program under Section 8 of the United States Housing Act of 1937, as amended. WHEREAS, the City of Dubuque has found and determined that there is a need for low -rent hous. ing to meet certain needs not be- ing adequately met by private en- terprise within its area of opera- tion: and WHEREAS, under the provisions of the United States Housing Act of 1937 as amended, the Secretary of Housing and Urban Develop- ment is authorized to provide fi- nancial assistance to public hous- ing agencies for low -rent housing; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa SECTION 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute and send to the Secretary of the Department of Housing and Urban Development an application for financial assistance for one hundred seventy five dwelling units to be provided by leasing privately owned existing housing under Section 8 of the United States Housing Act of 1937. SECTION 2. That the City Man. ager and the Director of the De- partment of Community Develop- ment be and they are hereby au- thorized and directed to provide such additional supporting docu- mentation which may be required by the Department of Housing and Urban Development. Special Session, May 27, 1975 235 SECTION 3. In connection with the development and operation of any program or activity receiving Federal financial assistance under the United States Housing Act of 1937, regardless of when such pro- gram or activity or any portion thereof was or is initially covered by any contract, the City of Du- buque will comply with all re- quirements imposed by Title VI of the Civil Rights Act of 1964, Title VIII of The Civil Rights Act of 1968 and Executive Order 11063. Passed, approved and adopted this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman I.undh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 172-75 WHEREAS, the City of Dubuque, Iowa and Inns of Iowa, Ltd. have arrived at terms of agreement in connection with the installation, construction and maintenance of a frontage road to serve the fa- cility known as a Ramada Inn at the intersection of Division Street and Highway 20 in the City of Du- buque, Dubuque County, Iowa: and WHEREAS, the City Council of the City of Dubuque, Iowa, has examined said agreement and finds that same should be ap- proved. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the agreement by and between the City of Du- buque, Iowa and Inns of Iowa, Ltd., a copy of which is hereto at- tached, marked Exhibit "A" and by reference made a part hereof, be and the same is hereby ap- proved, and the execution there- of for and on behalf of the City is hereby directed. Section 2: That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City, and to do any and all things necessary and incidental to the execution of said agreement. Passed, approved and adopted this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 173-75 WHEREAS, the Inns of Iowa, Ltd.—Dubuque is the owner of the following -described real estate: The northerly 7 feet of the fol- lowing -described part of Lot 1 of Lot 2 of Hawkeye Stock Farm in Section 27 and 28, Township 89 North, Range 2 East of the 5th P.M. and a vacated part of Divi- sion Street; commencing at the West One Quarter Corner of Sec- tion 27, Township 89 North, Range 2 East of the 5th Principal Meridi- an; thence South 481.07 feet to the southerly right-of-way line of U.S. Highway 20; thence South 88 degrees 12' 45" West, 3.00 feet to the point of beginning: thence North 88 degrees 12' 45" East, 891.45 feet along said southerly right-of-way line: thence South 1 degree 9' 15" East, 225.60 feet; thence South 88 degrees 34' 30" West, 333.00 feet; thence South 3 degrees 19' 45" East, 69.92 feet.; thence South 86 degrees 40' 15" West, 15.00 feet; thence South 3 degrees 19' 45" East, 142.75 feet; thence South 83 degrees 50' 15" West, 563.35 feet; thence North 479.30 feet to the point of begin- ning, in the City of Dubuque, Du- buque County, Iowa, according to the recorded plat thereof. WHEREAS, Inns of Iowa, Ltd. Dubuque, is in the process of con- structing a Ramada Inn and re- lated facilities at the intersection of Division Street and Highway 20, 236 Special Session, May 27, 1975 in the City of Dubuque, Dubuque Countv, State of Iowa: and WHEREAS, it is essential and necessary that the area being served have a frontage road; and WHEREAS, Inns of Iowa, Ltd., Dubuque desires to convey to the City of Dubuque seven (7) feet of its property for the purpose of dedicating it to the public for highway purposes and in order to establish a frontage road to serve the property of the grantor in con- nection with its improvements, and WHEREAS. the Iowa Highway Commission has approved the plans prepared by Cullen, Kilby, Carolan & Associates, P.C. showing the proposed layout of the front- age road along primary Highway No. 20 in the vicinity of the Ra- mada Inn; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That delivery of War- ranty Deed dated May 16, 1975, by Inns of Iowa, Ltd., Dubuque, to the City of Dubuque, Iowa. cov- ering the real estate hereinabove described be and the same is here- by accepted, subject however to the following conditions. 1. That the grantor enter into a contract for the improvement of said frontage road having a width of 24 feet from face of curb to face of curb and located 18 feet of the right-of-way south of the east bound lane of Highway 20 and 7 feet on the Inns of Iowa, Ltd., Dubuque property, and that the north edge of the frontage road is 30 feet or more from the south edge of the east bound lane of U.S. Highway 20, and that said improvements to said frontage road shall consist of hot laid hot. mix asphaltic concrete in accord- ance with the City of Dubuque and Iowa Highway Commission's specifications, and that all of said improvements shall be. done according to plans and specifica- tions for said frontage road, and shall be approved by the City of Dubuque and the City Engineer, and that the said grantor furnish performance bond to insure per- formance of the improvements, and in addition thereto, maintain and furnish a four-year mainte- nance bond insuring the mainte- nance of said facility. That the Inns of Iowa. Ltd., Du- huque shall accept the terms of this resolution by executing its ac- ceptance hereto attached. Passed, approved and adopted this 27th day of May, 1975. C. Robert: Justmann Mayor Alvin E. Lundh Emil Stackis .lames E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE The Inns of Iowa, Ltd., Dubuque does hereby accept the terms and conditions of the foregoing reso. lution and agrees to be bound by all of the terms and conditions thereof. INNS OF IOWA, LTD., DUBUQUE By Robert L. Wright, Pres. By Larry F. Cramblit, Secy. Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, I.undh, Stackis, Thoms. Nays—None. Communication of Dubuque Air- port Commission requesting the approval for the use of City Funds for their share of cost to construct 3" asphalt map on runway, pre- sented and read. Councilman Thoms moved that the communi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. DUBUQUE AIRPORT COMMISSION RESOLUTION WHEREAS. the Airport Commis- sion of the City of Dubuque, Iowa, has determined the necessity for making certain improvements to the Dubuque Municipal Airport consisting of, among other things, the resurfacing of the runways: NOW THEREFORE BE 1T Rlr SOLVED by the Airport Commis- sion of the City of Dubuque, Iowa: Section 1: That it is necessary for the maintenance and operation Special Session, May 27, 1975 237 of the Dubuque Municipal Airport that the runways be resurfaced. Section 2: That the Airport Com- mission of the City of Dubuque, Iowa, herewith requests that the City Council of the City of Du- buque, Iowa, proceed with the is- suance and sale of $125,000.00 Gen- eral Obligation Bonds to pay for the cost of said improvements. Passed, approved and adopted this 8th day of May, 1975. James N. Clark Chairman Stacey Murdock John W. Higley Rachel Maerschalk Gerald L. Kopischke Attest: John W. Higley Secretary Attest: Jeff G. Molid Councilman Thorns moved that the Dubuque Airport Resolution be approved and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Lundh, Stackis, Thorns. Nays — Mayor Justmann, Coun- cilman Brady. RESOLUTION NO. 174.75 Resolution authorizing the City of Dubuque, Iowa to finance their share of Airport Improve- ments from the City's General Fund. WHEREAS, the Secretary of Transportation is authorized to make grants for Airport develop- ment aid under the Airport and Airway Development Act of 1970; and WHEREAS, the Airport and Air- way Development Act of 1970 stip- ulates that each agency receiving funds under this Act must state at the time of application for fund- ing that funds are available to finance the local share; and WHEREAS, it is desirous that the Dubuqe Airport Commission deems it necessary in the interest of aviation safety to continue im- provements on the airport; and WHEREAS, it is desirous on the part of the Dubuque Airport Com- mission to make a grant applica• tion for funds for runway resur' facing. NOW, THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Chairman of the Dubuque Airport Commission be authorized to file an applica- tion on behalf of the City of Du- buque with the U.S. Department A Transportation -Federal Aviation Agency for Federal funds for the runway improvements. Section 2. That the financing of the local share of the total cost of the Capital Improvements Grant, by the City of Dubuque be and the same is hereby approved, authorized and directed. Passed, approved and adopted this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilmen Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Lundh, Stackis, Thorns. Nays — Mayor Justmann, Coun- cilman Brady. RESOLUTION NO. 175.75 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $125,000 Airport Bonds. WHEREAS, pursuant to an elec- tion held on August 14, 1950, the City of Dubuque, Iowa, has hereto- fore established a municipal air- port under the provisions of the law as now contained in chapter 330 of the Code of Iowa, 1973, and it is necessary and for the best interests of said City of Dubuque that said airport be improved and that Airport Bonds of said City be issued at this time in the princi- pal amount of $125,000 for the purpose of paying the cost, to that amount, of said improve, ments; and WHEREAS, said City has here- tofore created an Airport Commis- sion for the management and con- trol of the municipal airport as permitted and provided for by the law as now contained in Sections 330.17 et seq. of the Code of Iowa, 1973, and said Airport Com- mission has adopted a resolution reciting the necessity for improv- 238 Special Session, May 27, 1975 ing the municipal airport and re- questing this Council to proceed with the advertisement, sale and issuance of $125,000 Airport Bonds of said City to pay the cost of such improvements and a certified copy of said resolution has been filed Mth the City Clerk and pre- sented to this Council for appro- priate action: and WHEREAS, it is first required that notice and hearing on the is- suance of such bonds be given in the manner, form and time prescribed by Chapters 23 and 408A of the Code of Iowa, 1973: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That this City Coun- cil meet at the Council Chambers in the City Hall within said City on the 16th day of June, 1975, at 1:00 o'clock P.M., Central Daylight Saving Time, at which time and place proceedings will be insti- tuted and action taken for the is- suance of $125,000 Airport Bonds for the purpose set out in the pre- amble hereof. Section 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said Airport Bonds, setting forth the amount and purpose thereof, together with the maxi- mum rate of interest which said bonds are to bear, and the time when and place where said meet- ing will be held, by publication at least once for at least fifteen (15) days before said meeting, in the "Telegraph -Herald," a newspaper published in said City and having a general circulation therein. Said notice shall be in substantially the following form: NOTICE OF MEETING FOR ISSUANCE OF AIRPORT BONDS PUBLIC NOTICE IS HEREBY GIVEN pursuant to Sections 23.12 and 408A.1 of the Code of Iowa, 1973, that the City Council of the City of Dubuque, Iowa, will meet on the 16th day of June, 1975, at the Council Chambers in the City Hall, Dubuque, Iowa, at 1:00 o'clock P.M., for the purpose of instituting proceedings and tak- ing action for the issuance of $125,000 Airport Bonds of said City, bearing interest at a rate not exceeding six per cent (6%) per annum, for the purpose of paying the cost, to that amount of im. proving the municipal airport of said City. At any time before the date of said meeting petitions objecting to the issuance of said bonds or ask- ing that the question of issuing said bonds be submitted to the legal voters of said City may be filed with the City Clerk of said City pursuant to the provisions of Sections 23.13, 330.16 or 408A.2 of the Code of Iowa, 1973. By order of the City Council May 27, 1975. Leo F. Frommelt City Clerk Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and approval. Passed and approved May 27, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Lundh, Stackis, Thorns. Nays — Mayor Justmann, Coun- cilman Brady. RESOLUTION NO. 176-75 RESOLUTION providing for the advertisement of $125,000.00 Airport Bonds. WHEREAS, the Airport Com- mission and the City Council of the City of Dubuque, Iowa, have heretofore determined it to be ad- visable and necessary that the mu- nicipal airport of the City be im- proved and it is necessary and for the best interests of said City that $125,000.00 Airport Bonds contem- plated to be issued to pay the cost thereof be offered for sale in the manner required by Chap- ter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1: That Airport Bonds of said City in the amount of $125,000.00 be advertised for sale, such bonds to be dated June 1, 1975, bearing interest payable De- cember 1, 1975, and semi-annually Special Session, May 27, 1975 239 thereafter, and maturing in nu- merical order $50,000.00 on .lune 1 of each of the years 1977 and 1978 and $25,000.00 on June 1, 1979, inclusive, and that bids be requested for action thereon at the Council Chambers in the City Hall in said City at 1:00 o'clock P.M. on June 16, 1975, and that the City Clerk be and he is here- by authorized and directed to pub- lish notice of such sale once each week for at least two consecutive weeks in the "Telegraph Herald," a newspaper published and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily em- ployed for that purpose. Section 2: That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved May 27. 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded May 27, 1975. Leo F. Frommelt City Clerk Councilman Thorns moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Lundh, Stackis, Thorns. Nays — Mayor Justmann, Coun- cilmen Brady. Verbal request from Council- man Brady requesting to address the Council and Chair to appeal the decision regrading censorship was considered. Councilman Bra- dy apologized for his ultimation statement; Look at exact situa- tions as occurred and not have it happen again; Apology to Chair- man for remark to the paper, a bad statement on his part; In- jured by charges that came out of last Thursday's session; and asked Council to reconsider Mo- tion of Censureship. Councilman Thorns moved to reconsider cen- suer and get on with Council Busi- ness. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Ah- RESOLUTION NO. 177.75 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. Lucky Stores, Inc., d/b/a Eagle Store #109, 200 S. Locust St. Lucky Stores, Inc., d/b/a Eagle Store #130, 1800 Elm Street Lucky Stores, Inc., d/b/a Eagle Store #144, 3033 Asbury Street Lucky Stores, Inc. d/b/a May's Drug Store #204, 3049 Asbury Street The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Street Hartig Drug Company, 700 Main Street Hartig Drug Company, 1st and Locust Streets Hartig Drug Company, 2255 John F. Kennedy Road Hartig Drug Company, 22nd and Central Avenue Nash Finch Co., d/b/a Warehouse Market, 190 John F. Kennedy Road Roberts Smorgastable, 62 Locust Street Walgreen Co., 555 John F. Kenne- dy Road Wareco System of Iowa, 700 Rhom- berg Avenue Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thom,- moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 178.75 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 240 Special Session, May 27, 1975 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 George William Pohlen, d/b/a Tri State Softball Tournament Me- Aleece Field (also Sunday Sales) Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Thoms. Nays — Councilmen Brady, Stackis. RESOLUTION NO. 179.75 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 "B" BEER PERMIT George William Pohlen, d/b/a Tri- State Softball Tournament, Me. Aleece Field (also Sunday Sales) Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Thom-. Naps — Councilmen Brady Stackis. RESOLUTION NO. 180-75 WHEREAS, applications for Liquor Licenses have been sub- mitted to this Council for approv. al and the same have been ex- amined. 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 LICENSE Doug Zickuhr, Doug's West Du- buque Tap & Grill, 1701 Asbury Street (Also Sunday Sales) Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 181-75 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 I.aw 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. Special Session, May 27, 1975 241 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Doug Zickuhr, Doug's West Du- buque Tap & Grill. 1701 Asbury Street (also Sunday Sales) Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady ALLAN T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 184.75 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. Blue Moon, Inc., 1097 Jackson Street Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 183.75 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 LICENSE Blue Moon Inc. (An Iowa Corpora- tion) 1097 Jackson Street Passed, adopted and approved this 27th day of May 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady .. . . Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 184-75 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 AND LIQUOR LICENSE BLUE MOON INC. (An Iowa Cor- poiration), 1097 Jackson Street Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk 2-0 Special Session, May 27, 1975 Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Mayor Justmann moved to re- consider vote on American Legion Liquor License. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Nays — Councilmen Stackis, Thoms. Petition of Thomas D. Walsh et al, requesting rejection of the re- newal application of the American Legion Liquor License, presented and read. Mayor Justmann moved that the petition be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Mayor Justmann moved to deny American Legion a Class "C" (Com- mercial) Beer & Liquor License. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Nays — Councilman Stackis, Thoms. Mayor Justmann moved that the City Clerk be instructed to submit this portion of the minutes to the Liquor Commission relative to American Legion Liquor Li- cense. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays -- Councilman Stackis. There being no further business, Mayor Justmann moved to ad. journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None, Leo F. F'rommelt City Clerk Approved September 8, 1975 Adopted September 8, 1975