Loading...
Y Roll_36 Part 10Regular Session, June 2, 1975 243 CITY COUNCIL (OFFICIAL) Regular Session, June 2, 1975. Council met at 7.30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Stackis. City Manager Gilbert D. Chave- nelle. Absent — Councilman Thom&. Mayor Justmann read the call and stated that service thereof had been duly made and this meet- ing is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the Meeting. Communication of Kennedy Mall Merchants Assn. submitting a proclamation of Flag Day Salute to the United States Bicentennial for June 14, 1975, presented and read. Mayor Justmann moved that the communication be received and filed and the day so pro- claimed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. Communication of Dubuque County Department of Health ex- tending an invitation to attend their meeting on June 18, 1975, at 8 P.M. in Room 650 Dubuque Building, on upgrading of the wastewater treatment plant to min. imize the possibility of another disease outbreak in the Mississippi River, presented and read. Coun- cilman Stackis moved that the communication be received and filed and referred to Council. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent --Councilman Thorns. Communication of Playground & Recreation Commission submitting minutes of their meeting of May 8, 1975, presented and read. Coun. cilman Stackis moved that the min. utes be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas -- Mayor Justmann. Coun oilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. 11 Communication of West Side 3usiness and Professional Ass'n. ,ompliment.ing Mr. Dan Dittemore m his fine expertise in explaining :he proposed zoning ordinance at [heir meeting of May 14th, pre- ;ented and read. Councilman Stack - is moved that the communication he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. Communication of Dubuque County Republican Central Com- mittee urging the City to assume a conservative roll in proposing to annex areas to the City, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Nays—None. Absent—Councilman Thoms. Communication of Library Board advising of three vacancies on the Board as of July 1, 1975, and of- fering service in suggesting can- didates, presented and read. Mayor Justmann moved that the commu. nication be received and filed and referred to Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns, Communication of Delos A. Don weiler requesting a change in the proposed zoning ordinance as it would effect the changing of Ken- nedy Road from residential to Ar- terial Business -Highway classifica- tion, presented and read. Council- man Stackis moved that the com- munication be referred to the Plan- ning & Zoning Commission for rec- ommendation and report. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent --Councilman Thorns. Communication of Citizens Ad- visory Commission submitting min utes of their meeting of May 27th, presented and read. Mayor Just - mann moved that the minutes be 244 Regular Session, June 2, 1975 received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays --None. Absent—Councilman Thoms. Mayor Justmann moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. Mr. Dave Clemens, Chairman of the Advisory Commission, ad- dressed the Council stating the Commission does not recommend the combination of the Park De- partment and Recreation Depart- ment at this time, maybe realign- ment. They are however, in favor of combining the Commissions in- to one Board. Verbal petition of Dave Clemens requesting to block off Oeth Court, Friday night June 6th, pre- sented for consideration. Mayor Justmann moved the petition be approved. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent --Councilman Thoms. May 1, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1973, the Civil Service Commission conducted Promotion- al Examinations on April 18, 1975. for members on the Police Depart- ment for Captain and Sergeant -De- tective. The following members of the Police Department passed the writ- ten examination with an average of seventy per cent or better. CAPTAIN Kisting, Mark H. ...........83% Purcell, James T. ...........78% Hynes, James C. ...........77% Oswald, Cyril W. ...........77% Sjobakken, Gerald M. .......73% Gibson, William J. .........71% Paar, Frederick R. .........70% SERGEANT -DETECTIVE Oswald, Cyril W. ..........87.6% Schneider, Eric M. ........87.6% Stevens, John D. ......... ,87% Kisting, Mark H. ..........85.4% DeBolt, David R. .........83.7% Frederick, Harvey R. ......78.9% Lindauer, Edwin L. ........78.3% Paar, Frederick R .......... 77.8% Carpenter, Dennis B. ......77.2% Schriver, Randall L. .......77.2% Hirsch, Gerald L. .........76.7% Fessler, Thomas A. .......74.6% Kennedy, Leo J. ..........72.9% Lovett, Joseph M. .........71.8% All promotions on the Police De- partment should be made from the above lists. Marvin A. Van Sickle Chairman Louis F. Fautsch Sr. Carolyn Farrell Members of Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 5th day of May 1975. Z. D. Hantelmann Notary Public Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Lundh. Yeas — Mayor Justmann, Coun- cilmen Brudy, Lundh. Stackis. Carried by the following vote: Nays --None. Absent—Councilman Thoms. May 1, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1973, the Civil Service Commission conducted Promotion- al examinations on April 22, 1975 for members of. the Fire Depart- ment seeking the position of Am- bulance/Driver Attendant. The following members of the Fire Department passed the writ- ten examination with an average of seventy per cent or better. Jones, Richard W. .........92% Theisen, Ronald J. .........85% All promotions to the Ambu- lance/Driver Attendant classifica- Regular Session, June 2, 1975 245 tion should be made from this list. Marvin A. VanSickle Chairman Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 5th day of May 1975. Z. D. Hantelmann Notary Public Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. May 28, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa the Civil Service Commission conducted entrance examinations on April 8, 1975, and the agility tests conducted on May 6, 1975, for appointments to the Fire Department. The following named applicants have passed both the written and agility tests as follows: Felderman, Larry E. ........87% Kutsch, Patrick L. ........82.3° Burdt, James J. Jr. ........80.7°x: Beck, Larry L . ............80.41; Nelson, Thomas E. ........79.3% Lawler, Donald W. ........77.8% Gau, Edward A. ..........77 2% Danielson, Richard P. ......77.1 % Turner, Eldon D. .........74.1% Forman, James C. ........72.7% The above ten applicants con- stitute the first list and have qual- ified with the highest standing for original appointment. Marvin A. VanSickle Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29th day of May, 1975. Z. D. IIlantelmann Notary Public Councilman Brady moved that he communication be received and iled and made a matter of record. >econded by Councilman Lundh. 'arried by the following vote: Yeas — Mayor Justmann, Coun- •ilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. May 12, 1975 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 written En - ti ance Examinations on April 1, 1975 for applicants to the Police Department. A physical Qualification test was conducted on April 29, 1975 for all applicants who had previ- ously passed the written exami- nation with 70% or better. The following named applicants have passed both the written and PQ test combinations as follows: Gould, Michael ...........87.7° Stover, Gregory J. ........86.7% Toepel, Arthur L. .........8570 Delagardelle, Rory F. .....82.3% Drapeau, Bruce L. ........81.3% Burdt, James J. Jr. ........80.7% Inman, Marjorie ...........79% Connor, Paul H. ...........77.3% Hedley, Arthur G. Jr. ......75% Marvin A. VanSickle Chairman Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29th day of May, 1975. Z. D. Hantelmann Notary Public Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. Communication of Gerald House - log et ux, addressed to the Mayor, relative to the delapidated condi- tion of the duplex at 75456 W. 8th Avenue owned by a certain realty Company, presented and read. Ma- 246 Regular Session, June 2, 1975 yor Justmann moved that the com- munication be received and filed and referred to the City Manager for investigation and report_ Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. May 23, 1975 Honorable Mayor and City Council On March 14, 1975, George R. Dittmar filed an action against Thomas Fessler, Michael Sand, Harold Brown, James Drapeau and the City of Dubuque, as de- fendants, being Law No. 40444 ask- ing recovery of damages in the amount of $50,000.00. Said matter was referred to the appropriate City Agency as well as the City Attorney, and on the 22nd day of May, 1975, said plain- tiff filed his dismissal at plain- tiff's costs. This should conclude the matter. R. N. Russo City Attorney Councilman Lundh 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. Nays—None. Absent—Councilman Thoms. Communication of Blue Cross - Blue Shield identifying a subscrib- er of theirs, by the name of Vir- ginia Hos, as being involved in an accident for which the City may be responsible on February 8, 1975, presented and read. Council- man Lundh moved that the com- munication be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. Notice of Claim of Kerry L. Monahan, in an estimated amount of $221, for car damage incurred as the result of driving into a pro- truding manhole cover on South- way Street on May 8, 1975, pre- sented 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, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. Notice of Claim of Cecelia Thole, in the amount of $399.36, for med- ical and loss of wages incurred as the result of falling on a defective sidewalk at 1616 Rhomberg Ave. on May 8, 1975, 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. Nays—None. Absent—Councilman Thoms. Notice of Claim of Betty Zirkel- bach, in an undetermined amount, for personal injuries received in a fall in the Public Library on May 13, 1975, presented and read. Councilman Lundh 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, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. 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 Park- ing of Motor Vehicles on the East Side of Rockdale Road from Mar Jo Road to Fox Drive. Presented and read. Mayor Just - mann moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays—Councilman Brady. Absent—Councilman Thoms. Mayor Justmann 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: Regular Session, June 2, 1975 247 Yeas — Mayor Justmann, Coun, cilmen Lundh, Stackis. Nays—Councilman Brady. Absent—Councilman Thoms. ORDINANCE NO. 1675 AN ORDINANCE. AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE .,TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 111 TO SCHED- ULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON THE EAST SIDE OF ROCKDALE ROAD FROM MAR JO ROAD TO FOX DRIVE. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: SECTION I. That Ordinance No. 33- 49 known as the "Traffic Code of Du- buque, Iowa" as amended be and the game is hereby amended by enacting a new subsection to Schedule VI thereof as follows: "SCHEDULE VI On the East side of Rockdale Road from Mar Jo Road to Fox Drive." Passed, approved and adopted this 2nd day of June, 1975. (:. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Councilman Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of June 1975. Leo F. Frommelt City Clerk It. 6-5 Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays—Councilman Brady. Absent—Councilman Thoms. Petition of Interstate Power Co. requesting authorization for in- stallation of a Utilities Accomrrlo- dation permit along the frontage road and then across highway 20 to connect to their existing line, presented and read. Councilman Stackis moved that the petition be approved. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Nays—None. Absent—Councilman Thoms. Petition of Fischer Companies requesting favorable action for the vacation of Tower Street north to Wall Street and the alley in Block 15 Booth's Addn., presented and read. Mr. Joe Pickett addressed the Council objecting to the va- mtion of Tower Street; leaving them with restricted access to 6th Street. They have no objections Lo the vacating of the alley. Mayor Justmann moved that the petition of Fischer Companies be denied. Seconded by Councilman Brady. Carried by the following Vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. Petition of F. N. Smith Construc- tion Co. requesting permission to excavate in First Street to encase steam lines for Tank Terminal Co., presented and read. Mayor Just - mann moved that the petition be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. Petition of Donna L. Smith et al (47 signers) requesting relief from traffic hazards in 1700 & 1800 blocks on Key Way Drive, suggesting installation of stop signs at Keyway and Keymont, also on Keyway between the 1700 & 1800 blocks, presented and read. Mayor Justmann moved that the petition be referred to the City Manager and Traffic Department for proper proceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent --Councilman Thoms. Petition of J. G. Tigges request- ing permission to excavate in Da- na Drive for sewer and water ser- vice, presented and read. Mayor Justmann moved that the peti- tion be approved. Seconded by Councilman Stackis. Carried by the following vot Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilmen Thoms. RESOLUTION NO. 185-75 PRELIMINARY ESTIMATE and approval of plans, specifications, 248 Regular Session, June 2, 1975 form of contract, including items of material for construction of Re- placement of City Hall Electric Service and Associated Equipment, at an estimated cost of $7500, pre- sented and read. Mayor Justmann moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. (Necessity For Improvement) RESOLUTION NO. 18675 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for Re- placement of City Hall Electric Service and Associated Equipment. 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 improvements, and unless property owners or any interested person at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections 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 City Building Maintenance Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Attest: Councilmen Leo F. Frommelt City Clerk Mayor Justmann moved approv- al of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas -- Mayor ,Justmann, Coun. cilmen Brady, Lundh, Stackis. Nays—None. Absent --Councilman Thorns. (Fixing Date of Hearing) RESOLUTION NO. 187.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has given 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 the Replacement of City Hall Electric Service and Associated Equipment. BE IT THEREFORE RESOLVED that on the 16th day of June, 1975, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque, Iowa, at which time the objectors for the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in same newspaper published in the City of Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest.: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. RESOLUTION NO. 188-75 PRELIMINARY APPROVAL of pians, specifications, form of con- tract and schedule for the con- Regular Session, June 2, 1975 249 struction of Grandview Avenue and Dodge Street I raffic Signals, in the estimated amount of $39,747.23, presented and read. Councilman Stackis moved adop- tion of the resoiution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. (Necessity for Improvement) RESOLUTION NO. 169.75 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 Grandview Avenue and Highway #20 Traffic Signals. 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 objec- tions 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 Placed on file with the City Clerk this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved ap- proval of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. (Fixing Date of Hearing) RESOLUTION NO. IWS WHEREAS, the City Council of the City of Dubuque, Iowa has given 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 the Grandview Avenue and Highway X20 Traffic Signals. BE IT THEREFORE RESOLVED that on the 18th 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 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 ad- vertise for proposals for the con. struction of the aforementioned improvement. passed, adopted and anproved this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. 250 Regular Session, June 2, 1975 RESOLUTION NO. 191-75 Resolution Requiring Abutting Property Owners To Make Sewer and Water and Gas Connections. WHEREAS, the City Council has heretofore adopted Resolution No. 117-75, being the Resolution of Ne- cessity for permanently improving Rockdale Road as part of City of Dubuque 1975 Paving Project from south property line of A. H. Oeth Sub. No. 4 to old city limits. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, Water and gas mains to the curb line of said property prior to June 31, 1975. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connectior within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the: following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays—Councilman Brady. Absent --Councilman Thoms. RESOLUTION NO. 192-75 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. Thomas E. Andresen, Avenue Tap, 1080 University Avenue Carl N. Brant, A. & B. Tavern, 2600 Central Avenue Canfield Hotel, Inc., 36 West 4th Street Patrick Fenelon, Ken Fenelon Fin. cr Foods Restaurant., 3130 Jack- son Street Ralph J. Grabow, Oky-Doky #14, 1050 University Avenue Kennedy Mall Cinema I & 11, 555 John F. Kennedy Road James J. Klauer-Robert D. Klauer, Dog House Lounge, 1646 Asbury Road Leonard Oil Co., Site Service Sta- tion #389, 1387 Dodge Street Pride Service Inc., Martin Oil, 280 Locust Street Pride Service Inc., Martin Oil, 2175 Central Avenue Merchants Hotel, 304 Main Street Herman J. Meyer, Meyer's DX, 3355 Pennsylvania Avenue Kermit Meyer, Union Cigar Store, 336 Main Street William O'Neill, Happy Hour, 55 Locust Street Miracle Car Wash Inc., 255 Locust Street Eugene Otting, The Dip Tap, 1689 Elm Street Miller Neil, Inc., Ruegnitz Drug, 629 Rhomberg Avenue William N. Billikas, Sfikas Buffet, 926 Main Street Welsh Enterprise, Inc., 620 S. Grandview Avenue Passed, adopted and approved this 2nd day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. Regular Session, June 2, 1975 251 RESOLUTION NO. 193.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have bean 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 Ronald T. Amundson and Richard B. Winsor, Carnival Lounge. 253 Main Street Passed, adopted and approved this 2nd day of .Tune 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. RESOLUTION NO. 19475 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council. and WHEREAS, the premises to be occupied by such applicants were insnected 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 Ronald T. Amundson and Richard B. Winsor, Carnival Lounge, 253 Main Street Passed, adopted and approved Ihis 2nd day of .Tune 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thoms. RESOLUTION NO. 195-75 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 complianve with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE J & RC Incorporated, Jerry's Tap, 431 Rhomberg Avenue Passed, adopted and approved this 2nd day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. RESOLUTION NO. 196.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and 252 Regular Session, June 2, 1975 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 J & RC Incorporated, Jerry's Tap. 431 Rhomberg Avenue Passed, adopted and approved this 2nd day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. There being no further busi- ness, Councilman Lundh moved to adjourn. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Thorns. Leo F. Frommelt City Clerk Approved, September 8, 1975 Adopted September 8, 1975 ...... ... City Clerk Special Session, June 9, 1975 253 CITY COUNCIL OFFICIAL Special Session, June 9, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, 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 to CONDUCT A PUBLIC HEARING ON THE RESOLUTION OF NECESSITY FOR THE COW STRUCTION OF WASWNGTON STREET TRAFFIC DIVERTERS and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Communication of Dubuque Ca- ble TV Commission submitting minutes of their meeting of May 12th (Organizational); also of their meeting of May 27, 1975, presented and read. Councilman Thorns moved that the minutes be re- ceived 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 Hu- man Rights Commission submit. ting minutes of their meeting of May 8, 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Auditor of State submitting a statement for year ending December 31, 1973, showing amount of property tax paid to cities and towns in Du- buque County. presented and read. 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, Stackis, Thoms. Nays—None. Notice of IT. S. Environmental Protection Agency advising of an application by Interstate Power Co. to discharge into the Mississippi River (Not a new application), pre- sented and read. Councilman Thoms moved that the Notice be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 6, 1975 Honorable Mayor and City Council A petition has been received from Richard Henschel for street lighting along Valentine Drive. The area has been investigated by the Electrical Inspector and it is recommended that one 175 watt mercury vapor fixture, on a wood pole, be installed on the ease- ment between 1050 and 1070 Val- entine Drive. Your approval of this installa- tion is requested. Gilbert D. Chavenelle City Manager Council Thoms moved that the communication be received and filed and request be approved. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 6, 1975 Honorable Mayor and Members of the City Council I herewith submit the annual re- port for 1974 of the Dubuque Coun- ty, Municipal Civil Defense Agen- cy. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication and report be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 6, 1975 Honorable Mayor and Members of the City Council 1 have approved the Sidewalk Construction Bond of Francis H. Kieffer, Bond No. 55.54712, with the United Fire & Casualty Co. dated June 2, 1975, and desire tc 254 Special Session, June 9, 1975 have your approval of same for filing. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and filing be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 4, 1975 Honorable Mayor and City Council On March 21, 1975, Diane Cook, Box 166A, Rural Route 4, Dubuque, filed claim against the City of Du- buque, alleging damages to her motor vehicle as the result of striking a hole in the street on John F. Kennedy Road in front of the Donut Hut, and claiming damages therefor. I have made an investigation of this matter and find that, in fact, a defective condition did ex- ist thereat, and that the plaintiff has made an offer of settlement in the amount of $52.11, and it is the recommendation of the City At- torney's office that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to Diane Cook and Robert J. Cook in the amount of $52.11 and transmit same to the City Attorney for de- livery to claimant upon execution and delivery of a duly executed re- lease. Original claim is attached here- with. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 4, 1975 Honorable Mayor and City Council Claim for personal injury was filed by Betty Zirkelbach of 410 N. Jones St., RR #2, Maquoketa, Iowa against the City of Dubuque on May 20, 1975, in no specified amount, and claiming injuries and bruises to her hip, back and leg as as result of a misstep coming from the ladies' restroom at the City Library on May 13, 1975. This matter was referred to the appropriate City Agency who has made an investigation of said mat. ter and reports by way of letter to the City Attorney of no negli- gence on the part of the City. It is therefore, the recommendation of the City Attorney's office that said claim of Betty Zirkelbach be de. nied. Original claim is returned here. with. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 5, 1975 Honorable Mayor and Councilmen At its meeting of May 21, 1975, the City of Dubuque Planning and Zoning Commission considered the petition of Medical Associates requesting an amendment to the Hospital -Medical District so as to permit the sale of optical goods on their premises. At that meet- ing, the Commission deferred ac- tion on this amendment until it had considered zoning provisions for the Hospital Districts for in - elusion in the new Comprehensive Zoning Ordinance. These new pro- visions were considered at the Commission's work session of June 4, 1975 and included a requirement that accessory commercial -type uses shall be treated as Special Exception uses in the hospital - institutional zone. In accordance with this ap- proach, the Planning and Zoning Commission has determined that the Special Permit treatment of optical goods sales, proposed as an interim amendment to the ex- isting Hospital -Medical District, is the more appropriate response to the Medical Associates petition. Therefore, the Commission has elected to set a public hearing on Special Session, June 9, 1975 255 June 28th on the form of ordi- nance presented to you as Alter- nate "B". which provides for the addition of optical goods sales as a use permitted by Special Excep- tion in the zoning district. If it is the Council's intent to convene its public hearing on .Tune 30, 1975, we recommend that you act to set the proposed ordinance known as Alternate "B" for consideration at that public hearing, with the ex- pectation that the recommenda- tion of the Planning and Zoning Commission would be forthcom- ing at that time. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. AN ORDINANCE Amending Or- dinance No. 3 34. as amended by Ordinance No. 10-73. and known as "The Zoning Ordinance of the City of Dubuque, Iowa," by amend- ing Section 2 of Article IV -A thereof, known as the "Hocpital- Medical District," so as to Include the dispensing of Optical Goods by prescription as an accessory use within Office Buildings in said District (ALTERNATE "A"), Presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Second - de by Councilman Stackis. Carried by the following vote: Yeas --Councilmen Lundh, Stack - is, Thoms. Nays—Mayor Justmann, Coun- cilman Brady. 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 — Councilmen Lundlu, Stackis, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. Councilman Thoms moved that a public hearing be held on the Ordinance on June 30, 1975, at 7:30 o'clock P.M. in the Council NNW "hamber at the City Ball and that .he City Clerk be instructed to )ublish notice of the hearing in .he manner required by law. Sec- )nded by Councilman Stackis. arried by the following vote: Yeas — Councilmen Lundh, ;tackis, Thoms. Nays — Mayor Justmann, Coun- Alman Brady. AN ORDINANCE Amending Or - finance No. 3.34, as amended by Drdinance No. 10-73, and known as"The Zoning Ordinance of the City of Dubuque, Iowa," by re- pealing Section 2 of Article IV -A thereof, and by adopting a new Section 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 -Medi- cal District" (ALTERNATE "B"), presented 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 — Councilmen Lundh, Stackis, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. 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 — Councilmen Lundh, Stackis, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. Councilman Thoms moved that a public hearing be held on the Ordinance on June 30, 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 — Councilmen Lundh, Stackis, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. ORDINANCE NO. 17.75 An Ordinance Adopting a Char- ter for the City of Dubuque, Iowa, Embodying the Existing Form of Government on July 1, 1975, Presented and read. Councilman Stackis moved that the reading 256 Special Session, June 9, 1975 just had be considered the first reading of the Ordinance. Second- ed by Mayor Justmann. Carried by the following vote. Years — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Stackis moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 17-75 AN ORDINANCE ADOPTING A CHARTER FOR THE CITY OF DU- BUQUE, IOWA, EMBODYING THE EXISTING FORM OF GOVERNMENT ON JULY 1, 1975. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION t. Purpose. The purpose of this ordinance is to provide for a charter embodying the form of government exist- ing on July 1, 1975. SECTION 2. Charter. This ordinance may be cited as the Charter of the City of Dubuque, Iowa. SECTION 3. Form of Government. The form of government of the City of Dubuque, Iowa, is the Council -Man- ager -at -large form of government. SECTION 4. Powers and Duties. The City Council and Mayor and CityMan- ager and other City officers have such powers and shall perform such duties as are authorized or required by state Iaw and by the ordinances, resolutions, rules and regulations of the City of Dubuque, Iowa. SECTION 5. Number and Term of Council. The City Council consists of five (5) councilmen elected at large for a term of four (4) years. SECTION 6. Term of Mayor. The City Council shall elect one of its members to serve as mayor and such election shall be made at the first council meeting in January of each year and the term of the mayor shall be for one year. SECTION 7. Copirs on 1 -dr. The City Clerk shall keep an official copy of this Charter on file with the official records Of his office, and shall immediately file a copy of the City Charter with the Secretary of State of Iowa, and shall keep copies of the Charter available at the City Clerk's office fur public inspection. SECTION I. The,, EJJertivr. This or- dinance shall be effective after its final passage, approval and publication as re- quired by law. Passed, adopted and approved by the City Council of the City of Dubuque, Iowa, on this 9th day of June, 1975. C. Robert Justmann Mayor Alvin F. Lundh Emil Stackis Janes E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommclt City Clerk Published officially in the Telegraph Herald Newspaper this 12th day of June 1975. Leo F. Frommclt City Clerk It. 6-12 Councilman Stackis moved final adoption of the Ordinance. Sec- onded by Mayor Justmann. Car. ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays—None. 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 Li. censed By Repealing the Provi- sions Thereof Relating to Thea• tars and Enacting A New Provi- sion Relating to Theaters in Lieu Thereof, Presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Stackis moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 18.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 4-33 BEING ORDINANCE REQUIRING CERTAIN BUSINESSES AND VOCATIONS CONDUCTED IN THE CITY OF DUBUQUE, IOWA, TO BE LICENSED BY REPEALING Ttfl. PROVISIONS THEREOF RELATING Special Session, June 9, 1975 257 TO THEATERS ANP ENACTING A NEW PROVISION RELATING TO THEATERS IN LIEU THEREOF, NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOVG'A: SECTION 1: That Ordinance No. 4-33 known as an Ordinance providing that certain businesses and vocations con- ducted in the City of Dubuque, Iowa, be licensed, be and the same is hereby amended by repealing the section per- taining to theaters therein, and enacting a new section pertaining to theaters in lieu thereof, as follows: I. All rules, regulations and require- ments of the Laws of the State of lows and the local Building Code relating to theaters, motion picture shows and ex- hibition halls shall be strictly complied with and such regulations are made a Wt of this Ordinance by reference thereto. 2. Theater License. The License for a theater, motion picture theater, opera house, building or hall used for public entertainments, exhibitions, shows, or con- certs having a seating capacity of less than Two Hundred and Fifty (250) shall be $25.00 per year; Theaters or halls, etc., having a seating capacity between Two Hundred and Fifty (230) and Four Hundred (400), $50.00 per year; Thea- ters or halls, etc. having a seating capac- ity between Four Hundred (400) and Eight Hundred (800), $75.00 per year; Theaters, halls, etc. having a seating ca- pacity of over Fight Hundred (800), $100.00 per year. 3. Lessrr Periods. Any person, firm or corporation starting in business after April Ist, for which an annual license is re- quired, may apply for and have issued to him a license as provided by Section 5 of Ordinance No. 3-33. Motion Picture Theater under common roof, but con - raining separate seating facilities and sepa- rate movie projection display facilities shall be deemed separate theaters for the pur;wws of this Ordinance. Passed, approved and adopted this 9th day of June 1975. Attest: Leo F. Frommelt City Clerk C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis lames F. Brady Allan 'r. Thorns Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 12th day of June 1975. Leo F. Frommelt It. 6-12 City Clerk Council Stackis moved final adoption of the Ordinance. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 6, 1975 Honorable Mayor and City Council .Attached is a resolution for ap- proval of the permanent transfer I of funds. This resolution provider for the transfer of $186,000 as fol- lows: From General Fund ...... $45,000 To Recreation -Park Fund for wage increase and property repair ...............$.30,000 To Public Safety Fund for wage increase and moving expenses $18,000 To Tort Liability Fund for in- creased premiums .... , . $2,000 From Sanitation -Refuse Collection Fund ................$78,000 To Sanitation -Refuse Disposal Fund for: ...........$78,000 Landfill studies .. .....$20,000 Energy recovery study .. $29,000 Landfill dike construction and wage increase .......$21,000 Additional supplies .. ...$8,000 From Liquor Profits Fund. .$63,000 To Trust & Agency Fund for increased fringe benefits as result of wage settlements . $63,000 Your approval of this resolution is requested. Gilbert D. Chavenclle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Lundhann,CouStackis, cilmen Brady, Thorns. Nays—None. RESOLUTION NO. 197.75 A Resolution For Approval of the Permanent Transfer of Funds. WHEREAS, there is now in the hands of the treasurer the sum of $45,000.00, credited to the General Fund; and WHEREAS, there is now in the hands of the treasurer the sum of $78,000.00, credited to the Sani- tation -Refuse Collection Fundi and 258 Special Session, June 9, 1975 WHEREAS, there is now in the hands of the treasurer the sum of $63,000.00, credited to the Liq- uor Profits Fund; and WHEREAS, it is desired to transfer $2,000.00 from the Gen- eral Fund to the Tort Liability Fund to provide for the 1974 cash deficit, $30,000.00 from the Gen- eral Fund to the Recreation -Park Fund and $13,000.00 from the General Fund to the Public Safety Fund to provide for additional 1974/75 expenditures: and WHEREAS, it is desired to transfer $78,000.00 from the Sani- tation -Refuse Collection Fund to the Sanitation -Refuse Disposal Fund to provide for additional 1974/75 expenditures; and WHEREAS, it is desired to transfer $63,000.00 from the Liq- uor Profits Fund to the Trust and Agency Fund to provide for addi- tional 1974/75 expenditures; NOW, THEREFORE, be it re- solved by the City Council of Du- buque County, Iowa that said sum of $186,000.00, as set forth above, be and the same is hereby transferred from the General Fund, Sanitation -Refuse Collection Fund and the Liquor Profits Fund to the TortLiability Fund, Recrea- tion -Park Fund, Public Safety Fund, Sanitation -Refuse Disposal Fund and the Trust and Agency Fund, and the City Auditor is di- rected to correct his books accord- ingly. Passed, approved and adopted this 9th day of June, 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh 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. June 6, 1975 Honorable Mayor and City Council The current budget covers the Period January 1, 197"une 30, 1975. Increased expenditures have occurred in this period and in or. der for the records to show that the money has been properly ap. propriated, it is necessary to adopt an ordinance amending the budget. Attached is an ordinance plus supplemental information outlin- ing the proposed amendments and the areas of expenditure. The amendments reflect in most cases expenditures previously authorized by the Council. The increased ex. penditures are principally in the areas of wage adjustment and spe. cial projects. You are requested to set a date for a public hearing on this ordi- nance and to direct the City Clerk to publish the date of the hearing. 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, Coun- cilmen Brady, Lundh. Stackis, Thoms. Nays—None. AN ORDINANCE Amending the Budget as approved by Ordi- nances 1-74 and 38-744, presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun- cilman Stackis. Carried by the fol- lowing 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 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 June 30, 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• Seconded by Councilman Stackis. I Carried by the following vote: Special Session, June 9, 1975 259 Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Stackis, Thorns. Nays—None. ORDINANCE NO. 19-75 Ordinance Appointing Transit Authority in and for the City of Dubuque, Iowa and Granting the powers and Fixing the Duties of Said Agency, Presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Thoms. Nays—Councilman Brady. Councilman Thoms 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, Coun- cilmen Lundh, Stackis, Thoms. Nays --Councilman Brady. ORDINANCE NO. 19.75 ORDINANCE APPOINTING TRANSIT AUTHORITY IN AND FOR THE CITY OF DUBUQUE, IOWA AND GRANTING THE POWERS AND FIX- ING THE DUTIES OF SAID AGENCY. WHEREAS on Jane 26, 1973, the elec- torate of the City of Dubuque. Iowa voted in favor -of the proposal that the City of Dubuque, Iowa acquire a Transit System from the Interstate Power Com- pany; and WHEREAS, a Transit Authority should be appointed and the powers and duties of the agency should be prescribed; and WHEREAS, the following named per- sons have heretofore been appointed to serve as members of said Transit Author- ity for such term of years as set out re- spectively and which appointments were effective as of the 1st day of August, 1973. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the City of Du- buque, Iowa does hereby create and es- tablish a Transit Authority in and for the City of Dubuque, Iowa effective July 1, 1975. SECTION 2. That the appointment of the following named for their respective terms of years: Doris M. Ricketts for a term of two (2) years ending 8-1.75. Chester Sulomon for a term of three (3) years ending 8-1-76. George E. Deininger for a term of four (4) Years ending 8-1-77. Which respective terms of office com- menced on the 1st day of August, 1973, be and the same is hereby ratified, ap- proved and confirmed. SECTION 3. That the Trustees shall qualify by taking their respective oaths of office and filing surety company bond in the principal amount of $1000.00 in favor of the City of Dubuque, Iowa in the office of the City Clerk of the City of Dubuque, Iowa. SECTION 4. That the salary for each of the foregoing members of the Transit Authority be and the same is hereby fixed in the amount of $300.00 per year for each member. SECTION f. As soon as possible after the appointment of the initial members, the Board shall organize for its tranac- tion of business, elect from its own num- ber a Chairman and a Secretary who shall serve for such terms as the Board shall determine, not exceeding their tertns of office as members of the Board, and adopt By-laws, Rules and Regulations to govern the proceedings of the Board. Members of the Board shall also hold office until their respective successors have been appointed and have qualified. Two members of the Board shall constitute a quorum for the transaction of business. All action of the Board shall be by resolution and the af- firmative vote of at least two members shall be necessary for the adoption of any resolution. All resolutions of the Board and all documents and records in its possession shall be public records and open to public inspection, except such documents and records as shall be kept or prepared by the Board for use and ne- gotiations, action or proceedings to which the Board is a party. SECTION 6. Such Board of Trustees shall have possession, management, charge and superintendence of the transit sys- tem and shall have the power to snake and enforce rules and reguiations for the control, supervision, maintenance and op- eration of the transit 4Ystem, and to buy, to sell and exchange my property, vehi- cles, equipment or rights for the benefit and efficient operation of said system. Such Board shall also have the power to purchase equipment and may execute agreements. SECTION 7. Such Board of Transit Trustees shall also have the power to employ, fix the compensation of, and remove, subject to the provisions of the Civil Service law, such professional, tech- nical employees, but not including execu- tive, skilled or unskilled, as it may be deemed necessary for the operation and maintenance for such transit system. The Board may, from time to time, fix and establish routes and schedules and change the same whenever it is deemed advisable and shall have the power, and it shall be its duty, to fix, maintain, regulate and collect rates, fares or charges for the transportation of passengers and any in- cidental services, and the rates or charges to be made for advertising in bussu or 280 Special Session, June 9, 1975 any other faci:ity under the control of the Board so that the revenues of the sys- tem will be at all times sufficient in the aggregate to provide for the payment of the interest on and principal of all bonds and for the payment of the operation, maintenance, depreciation and other ex- penses of the transit system and for the creation of a reserve fund for the pur- chase of such new equipment as may be reasonably necessary for the operation of such transit system. SECTION A. All funds derived from taxation or otherwise for transit system purposes shall be deposited with the trcas- urer of the municipal corporation to cred- it of said transit system and shall be withdrawn or paid out only by check or draft upon the bank signed by the Chair- man of the Board and countersigned by the Secretary thereof. SECTION 9. The Board shall have the power to sell or otherwise dispose of any personal property which, in the opin- ion of the Board, is obsolete or is no longer necessary to the operation and the maintenance of the transit system. Notice of such sale or disposition of such per- sonal property of a value of more than 11000.00 shall be given by publication once in one newspaper published in said municipal corporation at least ten (10) days before such sale or disposition. The Board shall establish reasonable rules and regulations governing the sale or disposi- tion of such property. Any revenue de- rived from the sale of such property shall be deposited with the treasurer of the City of Dubuque, Iowa to the credit of the transit system. SECTION 10. Contracts and agree- ments entered into wherein the Dubuque Transit Authority is a parry shall not be subiect to review and approval by the City Council of the City of Dubuque, Iowa. Passed, approved and adopted this 91h day of June, 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 12th day of June 1975. Leo F. Frommelt City Clerk It. 6-12 Councilman Thoms moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays --Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice of Pen. dency of Resolution of Necessity for public improvements upon pro. posed plans, specs., etc. for con- struction of Washington Street Traffic Diverters, presented and read. Councilman Stackis moved that the proof of publication be re. ceived and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays—None. Abstain --Councilman Lundh. Communication of Merlin & Ei- leen Heiar objecting to the in. stallation of diverters in the street at 1900 Washington St., pre. sented 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, Coun- cilmen Brady, Stackis, Thoms. Nays --None. Abstain—Councilman Lundh. Communication of H & W Mo- tor Express Co. objecting to di- verters on Washington Street, pre- sented 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, Coun- cilmen Brady, Stackis, Thoms. Nays—None. Abstain --Councilman Lundh. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Hank Waltz addressed the Coun. cil as being in favor of the di- verters. (Necessity for Improvement) RESOLUTION NO. 154.75 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 Special Session, June 9, 1975 261 showing among other things the following: 1. An estimate of the cost of the proposed improvement for the Washington Street Traffic Diverters. 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 objec- tions 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 placed on file with the City Clerk this 19th day of May, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 9th day of June, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved final adoption of the resolution. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis. Nays—Councilman Thoms. Abstain—Councilman Lundh. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 198.75 WHEREAS, proposed plans and specifications and form of contract for the construction of Washing Ion Street Traffic Diverters have been approved by the City Council Df the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1975 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 9th day of June, 1975; and WHEREAS, the City Council met in special session this 9th day of June, 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 proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed 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 City 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 9th day of June, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: 262 Special Session, June 9, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis. Nays—Councilman Thorns. Abstain—Councilman Lundh. (Ordering Construction) RESOLUTION NO. 199.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 154-75 which was duly passed by this Council for the Washington Street. Traffic Di- verters. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 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 Fund. 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. Passed, adopted and approved this 9th day of June 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Attest: Councilmen 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, Coun- cilmen Brady, Stackis. Nays—Councilman Thorns. Abstain—Councilman Lundh. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of receipt of proposals for the construction of School Sig- nal Improvement Project, present- ed and read. Mayor Justmann moved that the proof of publica- tion 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. Honorable Mayor June 6, 1975 and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a.m. D.S.T., Thursday, ,Tune 5, 1975 for the City of Du- buque School Signal Improve. ment Project. The lowest bid was entered by Paulson Electric Company of Du. buque, Iowa. Their bid was $19.256.54 for project number T- 735-7(5)--84-31, and $27.927.21 for project number T-735-1(6)-84-31. The total bid for construction is $47,183.75. This is 3.34% below the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Paulson Electric Company. Gilbert D. Chavenelle City Manager 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. (Awarding Contract) RESOLUTION NO. 200.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the School Signal Improve- ment Project, No. T-735-7(5)-84-31 pursuant to Resolution No. 168-75 and notice to bidders published in a newspaper published in said City on May 14, May 21, 1975 and May 28, 1975; and WHEREAS, said sealed pro- posals were opened and read on June 5, 1975, and it has been de- termined that the bid of Paulson Electric Company of Dubuque, Iowa in the amount of $19,256.54 was the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, BE 1T RESOLVED by the City Council of the City of Dubuque that the contract for the above mention improvement be awarded to Paulson Electric Company sub- ject to Federal Highway Adminis- tration approval of the low bid and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- Special Session, June 9, 1975 283 buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Mayor Justmann 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. (Awarding Contract) RESOLUTION NO. 201.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the School Signal Improve- ment Project, No. T-735-1(6)-8431 pursuant to Resolution No. 168-75 and notice to bidders published in a newspaper published in said City on May 14, May 21, 1975 and May 28, 1975; and WHEREAS, said sealed propos- als were opened and read on June 5, 1975, and it has been deter- mined that the bid of Paulson Electric Company of Dubuque, Iowa in the amount of $27,927.21 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Paulson Electric Company subject to Federal Highway Admin- istration approval of the low bid and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- Lractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 9th day of June, 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 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. May 22, 1975 Honorable Mayor and City Council This is to advise you that the City of Dubuque 1974 Asphalt Pav- ing Project No. 2—Riverfront Sub- division No. 5 has been completed in accordance with the City of Du- buque plans and specifications. I, therefore, recommend the ac- ceptance of the above named proj- ect. Gilbert D. Chavenelle City Manager Mayor Justmann 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. Final Estimate RESOLUTION NO. 202-75 WHEREAS, the contract for the City of Dubuque 1974 Asphalt Pav- ing Project No. 2 Riverfront Sub- division No. 5. 1. Roosevelt Extension from the S.P.L. of Kerper Boulevard 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 Ex- tension. 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. Special Session, June 9, 1975 264 Has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $85,108.62. That none of the cost thereof shall be assessable upon private property and $85.108.62 shall be paid from the Land Sales 30-9439- 131-00 Fund of the City of Du- buque. Passed, adopted and approved this 9th day of June, 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 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. (A Resolution Arcepting Improvement) RESOLUTION NO. 203.75 WHEREAS, the contract for the City of Dubuque 1974 Asphalt Pav- ing Project No. 2—Riverfront Sub- division No. 5. 1. Roosevelt Extension from the S.P.L. of Kerper Boulevard 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 Ex- tension. 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 Manager has examined the work and filed his certificate stat- ing that the same has been coni- pleted according to the terms of the contract, plans and specifics. 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 con- tractor from the Land Sales Fund in amount equal to the amount of his contract, less any retained per. centage provided for therein. Passed, adopted and approved this 9th day of June, 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 Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. June 5, 1975 Honorable Mayor and City Council I am asking your approval on the tentative three year Street Con- struction Program. This program must be submitted to the State by June 10, 1975 in order to receive our share of the State Gasoline Tax Refunds.. This program can be changed at anytime at your discretion. The cost of these programs is within our proposed budgets for the next three years. Gilbert D. Chavenelle City Manager 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. RESOLUTION NO. 204.75 Resolution approving a tentative three year Street Construction Pro- Special Session, June 9, 1975 265 gram and submitting same to the Iowa State Highway Commission. WHEREAS, the office of the City Engineer has prepared, in accord- ance with instructions from the City Manager, a tentative Street Construction Program for the years 1975, 1976 and 1977; and WHEREAS, said construction program shall be filed with the Iowa State Highway Commission by June 10, 1975 for the purpose of allocating Road Use. Taxes to muni• cipalities; and WHEREAS, this Council has re- viewed the tentative Street Con- struction Program of the City of Dubuque, Iowa. Now, therefore, be it resolved by the City Council of the City of Dubuque, Iowa; that the tentative three year street construction for the years 1975, 1976 and 1977 as prepared by the City Engineer, be and the same is hereby approved and the City Manager is hereby di- rected to forward the required documents to the Iowa State High- way Commission. Passed, adopted and approved this 9th day of June 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. 205-75 Endorsing the Dubuque Ambas- sadors as Sponsors for the 1975 Iowa Community Betterment Program. WHEREAS, the City Council en- dorsed ndorsed the Dubuque Ambassadors as the sponsoring organization for the City of Dubuque in the 1974 Iowa Community Betterment Pro- gram; and WHEREAS, it is recognized that Participation in this program stimu- lates civic awareness and gener- ates community spirit; and WHEREAS, it is deemed to be in the best interest of the City of Du- buque to continue to participate in the Iowa Community Betterment Program; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Dubuque Ambassadors is endorsed as the sponsoring organization for the City of Dubuque in the Iowa Com- munity Betterment Program, and they are authorized to enter the Community Awards Competition on behalf of the community. Section 2. That the Mayor of the City of Dubuque be and he is here- by authorized and directed to serve as the official liaison of this body with the Dubuque Ambassadors. Passed, adopted and approved this 9th day of .lune, 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. 206.75 Authorizing the Execution of a Proclaimer Certificate for Sub- mission to the U.S. Department of Housing and Urban Develop- ment. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Proiect No. Iowa — R-15; and WHEREAS, the City of Dubuque in carrying out the project, is re- quired by the Secretary of the U.S. Department of Housing and Urban Development to certify the exist- ence of certain facts and to issue certain proclaimers; now therefore 288 Special Session, June 9, 1975 BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That. the City Engin- eer be and he is hereby authorized and directed to prepare and exe- cute a Proclaimer Certificate rela- tive to technical specifications con- formance with local standards or standards necessary to support ur- ban renewal objectives for project improvements in accordance with the regulations, policies and re- quirements of the Secretary of the U.S. Department of Housing and Urban Development as shall be in effect from time to time. Section 2. That the Director of the Department of Community De- velopment be and he is hereby au- thorized and directed to submit such proclaimer to the U.S. Depart- ment of Housing and Urban De- velopment on behalf of the City of Dubuque. Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen 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. cilman Brady, Lundh, Stackis, Thoms. Nays — None. May 27, 1975 Honorable Mayor and City Council This is to advise you that the City of Dubuque 1974 Asphalt Paving Project No. 1 has been completed in accordance with the City of Dubuque plans and specifi- cations. 1, therefore, recommend the ac- ceptance of the above named pro- ject. Gilbert D. Chavenelle City Manager 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. Final Estimate RESOLUTION NO. 207-75 WHEREAS, the contract for the City of Dubuque 1974 Asphalt Pav- ing Project No. 1 1. Algona St. — from the S.P.L. of Grace St.to the N.P.L. of $t. Joseph St. 2. Asbury Road — John F. Ken. nedy Rd. intersection, reconstruc. tion and signalization. 3. Bicycle Path — from Termi. nal Street to the south end of the .`loodwall. 4. Bluff St. — from the S.P.L. of Eighth St, to the S.P.L. of Jones Street. 5. Blackhawk Dr. — from the S.P.L. of Fox Dr. to the south end of the street. 6. Fox Dr. — from the E.P.L. of Rockdale Rd, to the east end of the street. 7. Loras Blvd. — Nowata Street intersection reconstruction. 8. Meggan Dr. — from the E.P.L. of Bonson Rd. to the W.P.L. of Dove Street. 9. Parking lot at the southeast corner of Tenth and Bluff Streets. 10. Princeton Place — from the E.P.L. of Devon Dr, to the S.P.L. of Mineral St. 11. Stoneman Rd. — from the W.P.L. of John F. Kennedy Rd, to the W.P.L. of Lot 1-1-1.1 of Hawk. eye Stock Farm. 12. East Twenty-fourth St. — from E.P.L. of Jackson St. to the C.G.W. Railroad tracks. 13. East Twenty-ninth St. and Lawther Street from the E.P.L. of Pinard St. to the S.P.L. of Bruns- wick Street. 14. Woodworth St. — from the N.P.L. of Clarke Dr. to the S.P.L. of Lowell Street. has been completed and the City Engineer has submitted his final estimate showing the cost therof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $203,009.04. Special Session, June 9, 1975 267 That $19,205.40 of the cost there- of shall be assessable upon private property and $183,803.64 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 9th day of June, 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 Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 208-75 WHEREAS, the contract for the City of Dubuque 1974 Asphalt Pav- ing Project No 1 1. Algona St. — from the S.Y.L. of Grace St. to the N.P.L. of St. Joseph St. 2. Asbury Road — John F. Ken- nedy Rd. intersection, reconstruc- tion and signalization. 3. Bicycle Path — from Terminal Street to the south end of the floodwall 4. Bluff St. — from the S.P.L. of Eighth St, to the S.P.L. of Jones Street. 5. Blackhawk Dr. — from the S.P.L. of Fox Dr. to the south end of the street. 6. Fox Dr. — from the E.P.L. of Rockdale Rd. to the east end of the street. 7. Loras Blvd. — Nowata Street intersection reconstruction. 8. Meggan Dr. — from the E.P.L. of Bonson Rd, to the W.P.L. of Dove Street. 9. Parking lot at the southeast corner of Tenth and Bluff Streets. 10. Princeton Place — from the E.P.L. of Devon Dr, to the S.P.L. Of Mineral Street. 11. Stoneman Rd. — from the W.P.L. of John F. Kennedy Rd. to the W.P.L. of Lot 1-1-1-1 of Hawk - eye Stock Farm. 12. East Twenty-fourth St. from E.P.L. of Jackson St, to the C.G.W. Railroad tracks. 13. East Twenty-ninth St. and Lawther Street — from the E.P.L. of Pinard St, to the S.P.L. of Bruns- wick Street. 14. Woodworth St. — from the N.P.L. of Clarke Dr. to the S.P.L. of Lowell Street. has been completed and the City Manager 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 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 9th day of June, 1975. C. Robert Justmann Mayor Alvin E Lundh Emil Stackis James E. Brady Allan T. Thorns Attest: Councilmen Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: 2B8 Special Session, June 9, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. RESOLUTION NO. 209-75 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Ronald Adams, 2195 Central Ave. Daniel W. and Marilyn K. Bauer, 315 Dodge Street Robert L. Becker, 2418 Central Ave. Birch Oil Co., Inc., Jones and Lo- cust Streets Dubuque Municipal Airport, Muni- cipal Airport Design Center Inc. Julien Motor Inn, 200 Main Street Fischer Realty Co. Office Grill, 9th and Main Street Fischer Bowling Lanes, 880 Locust Street Theodore J. Ferring, 1306 Elm St. Grandview Drug Store, 486 North Grandview Avenue John J. Heiderscheit, 1278 Central Avenue Imperial Bowling Lanes, 3505 Stoneman Road Karigan's Restaurant, 401 Central Avenue A. Y. McDonald Mfg. Co., 12th and Pine Streets National Tea Company, 2013 Cen- tral Avenue Raymond Ney, 2186 Central Ave. Palmer Drug, 2600 Dodge Street Joseph Polfer, 2612 Dodge Street Douglas Schlickman, 90 South Lo- cust Street Paul W. Schollmeyer, 176 Locust St. Albert J. Schulte, 1875 University Avenue Lawrence and Ethel Schwartz, 500 Rhomberg Avenue Earl Tegeler, 2311 Windsor Ave. Raymond Tschiggfrie, 1190 Dodge Street Eileen Wunder, 1046 Central Ave. Kenneth J. Love, 802 Central Ave. Passed, adopted and approved this 9th day of June, 1975. C. Robert ,Justmann Mayor Alvin E. I.undh 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, Coun. cilmen Brady, Lundh, Stackis, Thoms, Nays — None. RESOLUTION NO. 21075 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 Or- dinances of the City. CLASS "C" BEER PERMIT Robert L. Becker, Geo. C. Kruse Co., 2418 Central Avenue Passed, adopted and approved this 9th day of June, 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays -- None. RESOLUTION NO. 211.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil: and Special Session, June 9, 1975 269 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 Robert L. Becker, Geo. C. Kruse Co., 2418 Central Avenue Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen 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, Thoms. Nays — None. RESOLUTION NO. 212-75 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 approved and licenses issued upon the com- pliance with the provisions of Chapter 131, Acts of the First Reg- ular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eileen Wunder, Central Tap, 1046 Central Avenue Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen 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, Thoms. Nays -- None. RESOLUTION NO. 213-75 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 issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eileen Wunder, Central Tap, 1046 Central Avenue Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen 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, Thoms. Nays — None. Application for Beer -Liquor Transfer requested by the B.P.O. Elks Lodge *297 from 7th and Lo- cust Sts. to 2699 J. F. K. Road, pre- sented and read. Mayor Justmann moved that the request be ap- proved. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. 270 Special Session, June 9, 1975 Councilman Thoms moved that the City Solicitor be directed to begin investiture proceedings against R. Bampton and Company, Inc., due to failure to commence and complete construction of im- provements upon Block 14 in Du- buque Downtown Plaza during ex- tension of time allowed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. RESOLUTION NO. 214-75 JOINT RESOLUTION By Between and Among Board of Supervisors, Dubuque County, Iowa and City Council, Dubuque, Iowa WHEREAS, the City Council of the City of Dubuque, Dubuque County, Iowa and the Board of Supervisors of Dubuque County, Iowa are the local governing bod- ies operating under the statutes of the State of Iowa and are respon- sible for the health, safety, and welfare of the citizens residing therein; and WHEREAS, the said Board of Supervisors and City Council have determined that the flood hazards of the Little Maquoketa River and the Catfish Creek endanger the citi- zens of the metropolitan area, threatened life and/or property and that uncontrolled development undertaken without full realization of the dangers of floods affecting the public interest therein; and WHEREAS, the said Board of Supervisors and City Council de- sire, in cooperation with their designated planning agencies, to have the flood hazard appraised to guide further metropolitan devel- opment of flood plain lands along the Little Maquoketa River and the Catfish Creek and to control the uses of land therein; NOW THEREFORE, be it re- solved that the Board of Supervis- ors of Dubuque County, Iowa and the City Council of the City of Du- buque, Dubuque County, Iowa; re- quest that the Iowa Natural Re- sources Council, the coordinated state agency in Iowa, approve the joint application of Dubuque County and the City of Dubuque adopted this date, for flood plain information study to be provided by the Corp. of Engineers, U. S. Army under the provisions of Sec- tion 206, Public Law 86.645 (Flood Control Act of 1960), and submits that application to the District En. gineer, U.S. Army Corp. of En. gineers, Rock Island, Illinois at the earliest possible date; and BE IT FURTHER RESOLVED that the Board of Supervisors and City Council agree to provide assurance of local cooperation specified by the Corps of Engineers as follows: 1. Available information and data will be furnished for the study. 2. The applicants will publicize the information report in the com- munity and area concerned, and will make copies available for use or inspection by responsible par- ties and individuals. 3. 'Zoning and other regulatory, development and planning agen. cies and public information media, will be provided with flood plain information through their guidance and appropriate action. 4. Survey markers, monuments, etc. established in any federal sur- veys undertaken for Section 206 Studies, or in regular surveys in the area concerned, will be pre- served and safeguarded. Passed and adopted this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Adopted by the Dubuque Board of Supervisors this 18th day of August, 1975. Donald C. Meyers Chairman Attest: Harold P. Meloy County Auditor Councilman Stackis 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. Special Session, June 9, 1975 271 There being no further business, Councilman Stackis 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 September 8, 1975 Adopted September 8, 1975 Councilmen City Clerk 272 Special Session, June 16, 1975 CITY COUNCIL OFFICIAL Special Session, June 16, 1975. Council met at 1:00 P.M. (C.D.T.) Present --Mayor Justmann, Coun. cilmen Lundh, Stackis. City Mana- ger Gilbert D. Chaveneile. Absent — Councilmen Brady, Thorns. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of PRO- VIDING FOR THE SALE AND AWARD OF $125,000. AIRPORT BONDS and acting upon such other business as may properly come before a regular meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of Meeting for the issuance of Airport Bonds in the amount of $125,000., presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays — None. Absent — Councilman Brady, Thorns. Proof of Publication, certified to by the Publisher, of Notice of Sale of Airport Bonds in amount of $125,000., presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays — None. Absent — Councilmen Brady, Thoms. Mayor Justmann called for open or oral bids and receiving none, moved that oral bidding be closed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays — None. Absent — Councilmen Brady, Thorns. Councilman Stackis moved that the sealed bids received be opened and read. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Lundh, Stackis. Nays—None. Absent — Councilmen Brady, Thorns. The following sealed bids were received: Investment Rating: Moody's Investors Service, Inc.— Aaa $125,000 CITY OF DUBUQUE, IOWA General Obligation Airport Bonds Dete of Sale: June 16, 1975 Bidders: Carleton D. Bch Co,, Des Moines, Price 100.4330; Coupon 1977-79; Rates 4.40%; Net Interest 4.2453%,, $14,859. The Merchants National Bank of Cedar Rapids, Iowa, Price 100.2600; Coupon 1977-79; Rates 4.40%; In- terest 4,30714%, $15,075. First Mid America, Inc., Omaha, Price 100.0140; Coupon 1977-79; Rates 4.40%; Net Interest 4.395 $15,383. Dain, Kalman & Quail, Inc., Davenport, Price 100.1320; Coupon 1977-79: Rates 4.60%, Net Interest 4.55286 , $15.935. Iowa -Des Moines National Bank, Des Moines, Price 100.0300; Cou- pon 1977-79; Rates 4.60°'; Net In- terest 4.5893"' $16,063. The First National Bank of Chi- cago, Chicago, Price 100.0718; Cou- pon 1977-79; Rates 4.70%; Net In- terest 4.674357%, $16,360. Councilman Stackis moved that the bid of Carlton D. Bch Co, be accepted. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays — None. Absent — Councilmen Brady, Thorns. Councilman Stackis moved that all bidding be closed. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Nays—None. Absent — Councilmen Brady, Thorns. Councilman Stackis moved that all bid checks of deposit be re- turned to the unsuccessful bidders. Special Session, June 16, 1975 273 Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh. Stackis. Nays—None. Absent — Councilmen Brady, Thoms. RESOLUTION NO. 215.75 RESOLUTION providing for the sale and award of $125,000 port Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $125,000 Airport Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provis- ions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of gen- eral circulation in Dubuque Coun- ty; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by None, con- sisting of par and accrued interest plus a premium of $ 0 , with the bonds to bear interest at the rate of 0 per cent ( 0 %,) per annum; and thereafter such sealed bids were opened, the substance of the best sealed bid being as fol- lows: the bid submitted by Carle- ton D. Bell Co. (Des Moines, Ia.) consisting of par and accrued in- terest plus a premium of $541.25, with the bonds to bear interest at the rate of Four & Forty Hund- reths per cent (4.40`7. ) per annum: NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of Carle- ton D. Bell Co. for the purchase of $125,000 Airport Bonds, as adver- tised, bearing interest at the rate of Four & Forty Hundredths per cent (4.40%) per annum, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Carle- ton D. Bell Co. Section 2. That the form of agreement of sale of said bonds to Carleton D. Bch Co. be and the same is hereby approved, and the Mayor, City Clerk and City Treas- urer are hereby authorized to exe- cute said agreement for and on be- half of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are here- by repealed. Passed and approved June 16, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded June 16, 1975. Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays — None. Absent — Councilmen Brady, Thorns. RESOLUTION NO. 216.75 A RESOLUTION providing for the issuance of $125,000 Airport Bonds and providing for the levy of taxes to pay the some. WHEREAS the City of Dubuque, Iowa, has heretofore established a municipal airport pursuant to the law as now contained in Chap- ter 330 of the Code of Iowa, 1973, as amended, and said airport it now owned by said City under the management and control of its Airport Commission: and WHEREAS under the provisions of Section 330.16 of the Code of Iowa, 1973, as amended, the City of Dubuque, Iowa, is authorized to issue its airport bonds for the purpose of improving said airport and in accordance with the request of the Airport Commission and as ordered by this City Council, no- tice of a meeting of the City Coun- cil for the purpose of instituting proceedings and taking action for the issuance of $125,000 Airport Bonds of said City to pay the of improving said airport has here- tofore been given in the manner, time and form as required by law, and WHEitEAS no petitions or ob- jections have been filed or made 274 Special Session, June 16, 1975 protesting the issuance of said bonds and no petition has been filed with the City Clerk under the provisions of either Section 330.16 or Section 408A.2 of the Code of Iowa, 1973, as amended, asking that the question of issuing said bonds be submitted to the voters of said City; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to and as authorized by Section 330.16 of the Code of Iowa, 1973, as amend- ed, there shall be and there is hereby ordered issued the nego- tiable Airport Bonds of said City of Dubuque in the principal amount of $125,000, said bonds to be twen- ty-five (25) in number, numbered consecutively from 1 to 25, inclu- sive, of the denomination of $5000 each, and dated June 1, 1975. That all of the bonds of said issue shall bear interest from the date there- of at the rate of Four & Forty Hundreths per cent (4.40%) per an- num, such interest being payable December 1, 1975, and semiannual- ly thereafter on the first days of June and December in each year until the principal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and the seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registra- tion endorsed thereon. Interest on said bonds shall be evidenced by coupons thereto attached and ma- turing on the several days when such interest matures, which cou- pons shall be executed with the facsimile signatures of said offi- cials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their proper signatures their respective facsimile signatures appearing on said coupons. Both principal and interest of said bonds shall be pay- able in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and payable in their numerical order $50,000 on June 1 of each of the year 1977 and 1978, and $25,000 on June 1, 1979. Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so regis- tered, and after such registration payment of the principal thereof shall be made only to the regis. tered holder. Any bond so regis- tered, upon the request in writing of such holder personally or by attorney-in-fact, may be trans. ferred either to a designated trans- feree or to bearer, and the princi. pal of any bond so transferred and registered to bearer shall there- upon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons there- to attached by delivery merely. Section 3. That said bonds, cou- pons and provisions for registra. tion be in substantially the follow- ing form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE AIRPORT BOND No. .......... $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bear- er, or if this bond be registered as to principal, to the registered holder hereof, the sum of Five Thousand Dollars ($5000) on the first day of June, 19...., with interest on said sum from the date hereof until paid at the rate of ........ per cent (........ %) per annum, payable December 1, 1975, and semiannually thereafter on the first days of June and Decem- ber in each year, such interest as may accrue on and prior to the maturity hereof to be payable on- ly on presentation and surrender of the interest coupons hereto at- tached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of an author- ized series of bonds numbered from 1 to 25, inclusive, issued by the City of Dubuque pursuant to Special Session, June 16, 1975 275 and in strict compliance with the provisions of Section 330.16 and Chapter 76 of the Code of Iowa, 1973, and all laws amendatory thereof and supplementary there- to, and in conformity with a reso- lution of the City Council of said City duly passed, approved and recorded, for the purpose of im- proving the municipal airport in and for said City. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed prece- dent to and in the issue of this bond, were and have been prop- erly existent, had, done and per- formed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, reve- nues and resources and all the real and personal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of said City, including this bond, does not exceed any constitutional or statu- tory limitations. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Treasurer of said City, such regis- tration to be evidenced by 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 de- livery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed and the coupons hereto at. tached to be executed with the fac• simile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their respective facsimile signa- tures appearing on said coupons, all the first day of June, 1975. .............................................................. Mayor of the City of Dubuque, Ia. Attest: ............................................................. City Clerk of the City of Dubuque, Iowa (Form of Coupon) No. ............. $ ....... On....................................... 19.. ., ..... the Treasurer of the City of Du- buque, in Dubuque County, Iowa, will pay to bearer ............................ Dollars ($ ................................) at the office of the City Treasurer, Du- buque, Iowa, for interest due that date on its Airport Bond, dated June 1, 1975, No...................... .............................................................. Mayor Attest: .............................................................. City Clerk (Form of Registration of Ownership) Date of Registration .............................................................. .............................................................. .............................................................. Name of Registered Owner .............................................................. ............................... I.............................. .............................................................. Signature of City Treasurer .............................................................. .............................................................. .............................................................. On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: City Treasurers C"fieate The issue of this bond has been duly and properly registered in my office as of the first day of June, 1975. .................................................... Treasurer of the City of Dubuque, Iowa. section 4. That said bonds be ex- ecuted as herein provided as soon after the adoption of this resolu- tion 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 276 Special Session, June 16, 1975 bonds to the purchaser, as deter. mined by this Council, upon re- ceipt 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 con- firmed in all respects. The princi- pal 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 au- thorized to be issued. The Council represents and certifies that: (1) the said City has heretofore incurred a substantial binding ob- ligation with respect to said facili- ties; said binding obligation com- prising architects' fees and con- struction contracts in the amount of not less than 2%% of the esti- mated total cost of said facilities; (2) the City Council expects that over 85/0 of the spendable pro- ceeds of said bonds (including in- vestment proceeds) will be ex- pended on or before July 1, 1977, 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 proceeded and is expected to proceed with due diligence to com- pletior.; (4) said facilities have not been and are not expected to be sold or otherwise disposed 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, including expenses incidental to such purpose 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 circum- stances that would materially change the conclusions and repre- sentations set out in this section. Said Council also certifies and further covenants with the pur- chasers and holders of said bonds from time to time outstanding that so long as any of said bonds remain outstanding, moneys on de- posit in any fund or account in connection with said bonds, wheth- er or not such moneys were de- rived from the proceeds of the sale of said bonds or from any other 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 law. ful regulations promulgated o: pro- posed thereunder, including See. tions 1.103-13 and 1.103.14 of the Income Tax Regulations (26 CFR Part 1), as the same presently exist, or may from time to time hereafter be amended, supplement- ed or revised. The Council re. 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 promulgated thereunder shall be repealed or re- laxed or shall be held void by final decision of a court of cempetent jurisdiction, but only if any invest. ment made by virtue of such re- peal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the in- terest on said bonds subject to federal income taxation. Section 5. That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a di- rect annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and dis- charge the principal thereof at maturity, there be and there is hereby ordered levied on all the taxable property in said City in each of the years while said bonds or any of them are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there be and there is hereby levied on all the taxable property in said City the following direct annual tax, to -wit: In the year 1976 for collection in the fiscal year ending June 30, 1977, a tax sufficient to pro- duce the sum of $61,000 for prin- cipal and interest; In the year 1977 for collection in the fiscal year ending June 30, 1978, a tax sufficient to pro- duce the sum of $53,300 for prin- cipal and interest; Special Session, June 16, 1975 277 In the year 1978 for collection in the fiscal year ending June 30, 1979, a tax sufficient to pro- duce the sum of $26,100 for prin- cipal and interest. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. Section b. That a certified copy of this resolution be filed with the County Auditor of Dubuque Coun- ty and that said Auditor be and he is hereby instructed in and for each of the years 1976 to 1978,in- clusive, to enter for collection and assess the tax hereby anthorized. When annually entering said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said tax- es 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 authorized and for no other purpose whatso- ever. Section 7. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed to the extent of such con- flict. Passed and approved June 16, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded June 16, 1975. 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 Lundh, Stackis. Nays — None. Absent — Councilmen Brady, Thoms. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor J+istmann, Coun- cilmen Lundh, Stackis. Nays — None. Absent — Councilmen Brady, Thoms, Leo F. Frommelt City Clerk Approved September 8, 1975 Adopted September 8, 1975 278 Special Session, June 16, 1975 CITY COUNCIL OFFICIAL Special Session, June 16, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. 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 AWARD OF CON- TRACT FOR THE CONSTRUC- TION OF WASHINGTON STREET DIVERTERS and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Dubuque County Auditor sbmitting a com- promise settlement of sale of pro- perty located at 850 Monterest, in the amount of $200., which must be approved by the City and School Board before finalization of sale, presented and read. Councilman Stackis moved that the communica. tion be received and filed and re- ferred to the City Solicitor for recommendation. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Communication of Department of Transportation submitting Pri- mary Road Extension Maintenance and Operation Agreement for the period of July 1, 1975, to June 30, 1976, in the amount of $4,788.00 for Highways #20 -- Fremont to Locust; #52 — Grandview Avenue to Dodge St.; #52 & Ia. 3 — Dodge St. to North Corporation Line (was $3583.50 last year), presented and read. Councilman Stackis moved that the Agreement be approved and City Manager be authorized to sign said agreement. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thorns. Nays — None. Communication of New Mellerav .Abbey offering their facilities for meetings, offering an opportunity for peace and quiet reflection, more particularly during July and August. weekends, presented and read. Councilman Thorns moved that the communication be re- ceived and filed and referred to Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thorns. Nays—None. June 12, 1975 Honorable Mayor and City Council I submit to you the 1974 year end report of the Dubuque Mu- nicipal Airport. 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, Lundh, Stackis, Thorns. Nays—None. Communication of Mayor Just - mann proposing the Council com- pliment the Dubuque delegation of the Iowa House of Representa- tives and urging adoption of a resolution urging the Iowa Senate to defeat legislation relative to the operation of 65' rubber -tired highway freight trains, presented and read. Councilman Thoms moved that the communication be received and filed and referred to the next meeting. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thorns. Nays—Councilman Brady. June 5, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1973 the Civil Service Commission conducted Promotion- al examinations on April 22, 1975 for members of the FIRE DE- PARTMENT. The following members of the Fire Department have passed the Special Session, June 16, 1975 279 examinations with an av- written erage of seventy per cent or better. ASSISTANT CHIEF—DIVISION Ruden, Richard W. ... . ...93% Winter, Carl .1. ...........88% Cherrier, William E. ......82% Miller, James C. .........80" Badger, William P. .......79% ASSISTANT CHIEF— TRAINING OFFICER Pregler, John ............70% FIRE MARSHALL— CAPTAIN INSPECTOR Jochum, Wayne F. .......82%% Boland, Robert C. ........79%% CAPTAINS Miller, William T. .........87% Udelhofen, Gerald L. ......85%% Andresen, Paul V. ........82% Link, Lyle R. .............81% Andresen, James P. ......77% Deckert, John ............74% % McCoy, John B. ..........74% EQUIPMENT OPERATORS— DRIVER—ENGINEER Schuster, David W. .......81% Tigges, Richard S. .........79% Theis, Terrance L. ........77%% Fitschen, Michael J. .......75% Voss, Roger A. ...........75% Peter, Gerald A. ..........73% Steil, Norman ............72% LIEUTENANTS Coleman, Edward A. ......82%%a Link, Kenneth J. .........82% Stephan, Raymond G. .....81% Lampers, John Michael ...80% Hammel, William K. ......78%% Roepsch, Richard F. .......77% Voss, Kenneth A. .........74% Stone, Robert C. .........73% % Waddick, Robert M. .......73% Flick, Robert J. ...........70% All promotions on the Fire De- partment should be made from this list. Marvin A. VanSickle Chairman Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 5th day of June 1975. Violet Savary Notary Public Councilman Lundh moved that the communication be received and filed and made a matter of record, Seconded by Councilman Thoms. Carried vote: Yeas — Mayor cilmen Brady, Thorns. Nays—None. by the following Justmann, Coun- Lundh, St.ackis, June 12, 1975 Honorable Mayor and City Council Re: General Revenue Sharing— Planned Use Report for the Period July 1, 1975 -June 30, 1976 The Office of Revenue Sharing requires each governmental recip- ient of Revenue Sharing funds to submit a Planned Use Report of how the recipient intends to use the funds. The Office of Revenue Sharing has notified us that our allocation of funds for the period July 1, 1975 to June 30, 1976 will be $933,975. This Planned Use Re- port must be published so that the citizens of the City of Dubuque will have an awareness of how the City plans to use the Revenue Sharing funds. The publication of the Report and the subsequent sub- mittal of the report must be made to the Office of Revenue Sharing by June 24, 1975. Attached is a completed copy of the Planned Use Report and below is a more detailed tabula- tion of how we anticipate using these funds. Public Safety—Police Department Salaries $284,504; Fire Depart- ment Salaries $287,508; Airport Security $15,728; Supplies & Ser- vices—Police Dept. $75,000; Po- lice Automobiles $31,500. Total $694,240. Environmental Protection --Street Lighting — Electrical Costs $70,000: Storm Sewer Improve- ments $10,000. Total $80,000. Public Transportation — Transit System $40,000. Health — Ambulance Drivers' Wages $31,735. Recreation—Park Department Im- provements $10,000. Library—Library Books $37,000. Social Services for Aged or Poor— $21,000. Multipurpose & General Govt.— City Hall Renovation Program $20,000. TOTAL—$933,975. You are requested to authorize the City Manager to sign the 280 Special Session, June 16, 1975 Planned Use Report and to direct the City Clerk to publish this re- port in our local newspaper. Francis A. Murray Assistant City Manager Councilman Thoms moved that the report be approved and City Manager authorized to sign said report. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Councilmen Lundh, Stack. is, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. Verbal request of Councilman Lundh calling for a report from the Council's Committee on study of existing Medical Associates property, presented for discussion. Ass't. City Manager Murray ad- vised that purchase of the prop- erty would not be a viable item for use by the County & City. Councilman Thoms moved that Council appoint 3 members of Council, Councilmen Brady, Stack - is and Lundh; 2 members of Ad- visory Commission, appointed by Chairman; 2 members of Low -Rent Housing Authority, appointed by Chairman, to further evaluate; Re- search source of funds; and Ex- plore acceptability of price with Medical Associates. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Dennis J. Driscoll, in estimated amount of $323.42, for car damage incurred as the result of paint spray by Youngsters involved in the clean- up program at 673 Jefferson St. on May 3, 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, Lundh, Stackis, Thoms. Nays—None. Notice of Suit of Milton L. Wie- ser, vs, City and B & G Automo- tive Parts, in the amount of $11,000, on three counts as the re- sult of a fall on an icy sidewalk at the intersection of Iowa and W. 11th Street on March B, 1975, presented and read. Councilman Thoms moved that the notice of suit be referred to the City Solici- tor for proper proceedings. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays—None. Notice of Blue Cross -Blue Shield advising of subrogation rights in the personal injury case of Mary Spielman which occurred on March 5, 1975, presented and read. Coun. cilman Thoms moved that the no- tice be referred to the City So. licitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays --None. ORDINANCE NO. 20-75 An Ordinance Establishing Air- port Commission of the City of Dubuque, Iowa, fixing the pow- ers and duties of said commis- sion, Presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Lundh. 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 Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 20.75 ORDINANCE ESTABLISHING AIR- PORT COMMISSION OF THE CITY OF DUBUQUE, IOWA, FIXING THE POWERS AND DUTIES OF SAID COMMISSION. WHEREAS, on August 14, 195o, the electorate of the City of Dubuque, Iowa, voted in a Special Election in favor of the proposal that the City of Dubuque. Iowa, place the management and control of its Airport in an Airport Commission; and WHEREAS, pursuant thereto and in Special Session, June 19, 1975 281 accordance herewith An and Commis- sion should be app n WHEREAS, the following named have heretofore been appointed to serve as members of said Commission for their respective term of years as hereinafter set forth. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1: That the following named be and they are hereby appointed to the Airport Commission of the City of Du- buque. Iowa, for the respective term of years as hereinafter designated: Rachel Macrschalk for a term of 6 years ending 9-18-90, Dr. James Clark for a term of 6 years ending 9-14-7g, Gerald Kopischke for a term of 6 years ending 9-14-77, Stacey Murdock for a term of 6 years ending 9-14-76, John Higley for a term of 6 years ending 9.14-79; and such appointment of said respective members of the Airport Com- mission be and the same is hereby ap- proved, ratified and confirmed. SECTION 2: That each of the fore- going named shall qualify by taking his oath of office and filing Surety Com- pany bond in the principal amount of sioo0.00 in favor of the City of Du- buque. Iowa. SECTION 3: That the Airport Com- mission of the City of Dubuque, Iowa shall have and exercise the powers to, manage and control the Municipal Air- port of the City of Dubuque, Iowa, ex- cept that said Commission shall not have the power to sell said Airport. SECTION 4: That the Airport Com- mission of the City of Dubuque, Iowa, shall annually certify the amount of tax within the limitations of law to be levied fur Airport purposes and upon such cer- tification, the City Council may include said amount in its budget. SECTION 5: All funds derived from taxation or otherwise for airport purposes shall be under the control of said Air- port Cornmission for the purposes of the management and operation and control of said Airport and shall be deposited with the City Treasurer to the credit of the Airport Commission and shall be dis- bursed Only on the written warrant or orders of the Airport Commission includ- ing the payment of all indebtedness aris- ing from the acquisition and construction of airports and the maintenance and op- eration and extension thereof. SECTION 6: The Airport Commission shall immediately, after the close of each municipal fiscal year, file with the City Clerk a detailed and audited written re- port of all the money received and dis- bursed by said Airport Commission dur- ing the fiscal year and said report should be kept on file in the office of the City Clerk fur public inspection. SECTION 7: That the Airport Com- mission of the City of I)ubuquc, Iowa, shall have the power to make and en- force such rules and regulations as in its discreti„n are deemed necessary and ap- propriate to the orderly operation, man- agement and control and supervision of said Airport facility. Passed, approved and adopted this 16th day of June, 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 Ilcrsld newspaper this 19th day of June 1975. Leo F. Frommelt City Clerk I t. 6-19 Councilman Thoms moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 21.75 An Ordinance Amending Ordi- nance No. 25 by Repealing Sec- tion 1 Thereof and Enacting a New Section 1 in Lieu Thereof to Provide for the Appointment of the Board Members of the Carnegie -Stout Free Public Li• brary and Establishing the Eli- gible Age of Said Board Mem- bers, Presented and read. Concilman Thoms moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Lundh. 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE N0. 21-75 AN ORI)INANCE AMENDING ORDI- NANCE NO. 2s IfY REPEALING SEC- TION f THEREOF AND ENACTING 280 Special Session, June 16, 1975 Planned Use Report and to direct the City Clerk to publish this re- port in our local newspaper. Francis A. Murray Assistant City Manager Councilman Thorns moved that the report be approved and City Manager authorized to sign said report. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Councilmen Lundh, Stack - is, Thorns. Nays — Mayor Justmann, Coun- cilman Brady. Verbal request of Councilman Lundh calling for a report from the Council's Committee on study of existing Medical Associates property, presented for discussion. Ass't. City Manager Murray ad- vised that purchase of the prop- erty would not be a viable item for use by the County & City. Councilman Thorns moved that Council appoint 3 members of Council, Councilmen Brady, Stack - is and Lundh; 2 members of Ad- visory Commission, appointed by Chairman; 2 members of Low -Rent Housing Authority, appointed by Chairman, to further evaluate; Re- search source of funds; and Ex- plore acceptability of price with Medical Associates. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Notice of Claim of Dennis J. Driscoll, in estimated amount of $323.42, for car damage incurred as the result of paint spray by youngsters involved in the clean- up program at 673 Jefferson St. on May 3, 1975, presented and read. Councilman Thorns 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 Milton L. Wie- ser, vs. City and B & G Automo. tive Parts, in the amount of $11,000, on three counts as the re- sult of a fall on an icy sidewalk at the intersection of Iowa and W. Ilth Street on March 8, 1975, presented and read. Councilman Thorns moved that the notice of suit be referred to the City Solici- tor for proper proceedings. Sec. onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Notice of Blue Cross -Blue Shield advising of subrogation rights in the personal injury case of Mary Spielman which occurred on March 5, 1975, presented and read. Coun. cilman Thorns moved that the no- tice be referred to the City So. licitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. ORDINANCE NO. 20-75 An Ordinance Establishing Air- port Commission of the City of Dubuque, Iowa, fixing the pow- ers and duties of said commis- sion, Presented and read. Councilman Thorns moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Thorns 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 Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. ORDINANCE NO. 20.75 ORDINANCE ESTABLISHING AIR- PORT COMMISSION OF THE CITY OF DUBUQUE, IOVG'A, FIXING THE POWERS AND DUTIES OF SAID COMMISSION. WHEREAS, on August 14, 191o, the electorate of the City of Dubuque, Iowa, voted in ■ Special Election in favor of the proposal that the City of Dubuque, Iowa, place the management and control of its Airport in an Airport Coratnission; and WHEREAS, pursuant thereto and in Special Session, June 10, 1975 281 accordance herewith nAirport Commis- sion should be appointed; nd WHEREAS, the following named have hererofnre been app' intcd members of a eir respective term of year+sasstion for lt hereinafter act forth. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OFIDDUBUQUE, I VCA.: SECTION 1: That the following named be and they are hereby appointed to the Airport Commission of the City of Du- buque, Iowa, for the respective term of years as hereinafter designated: Rachel Afaerschalk for a term of 6 years ending 9-18.80. Dr. James Clark for a term of 6 years ending 9-14--78, Gerald Kopischke for a term of 6 years ending 9-14.77, Stacey Murdock for a term of 6 years ending 9.14-76, John Higley for a tum of 6 years ending 9.14-79; and such appointment of said respective members of the Airport Com. mission be and the same is hereby ap- proved, ratified and confirmed. SECTION 2: That each of the fore- going named shall qualify by taking his oath of office and filing Surety Com- pany bond in the principal amount of $1000.00 in favor of the City of Du- buque. Iowa. SECTION 5: That the Airport Com- mission of the City of Dubuque, Iowa, shall have and exercise the powers to manage and control the Municipal Air- port of the City of Dubuque, Iowa, ex- cept that said Commission shall not have the power to sell said Airport. SECTION 4: That the Airport Com- mission of the City of Dubuque, Iowa, shall annually certify the amount of tax within the limitations of law to be levied for Airport purposes and upon such cer- tification, the City Council may include said amount in its budget. SECTION 5: All funds derived from taxation or otherwise for airport purposes shall be under the control of said Air- port Commission for the purposes of the management and operation and control of said Airport and shall be deposited with the City Treasurer to the. credit of the Airport Commission and shall be dis- bursed only on the written warrant or orders of the Airport Commission includ- ing the payment of all indebtedness aris- ing from the acquisition and construction of airports and the maintenance and op- eration and extension thereof. SECTION 6: The Airport Csnnmission +hall immediately, after the close of each municipal fiscal year, file with the City Clerk a detailed and audited written re- port of all the money received and dis- bursed by said Airport Commission dur• ing the fiscal year and said report should be kept on file in the office of the City Clerk for public inspection. SECTION 7: That the Airport Com - If C'.the City of Dubuque, Iowa, shall have the power to make and en- force such rules and regulations as in its discretion are deemed necessary and alp. propriate to the orderly operation, man. agement and control and supervision of said Airport facility. passed, approved and adopted this 16th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilman Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 19th day of June 1975. Leo F. Frommelt City Clerk It. 6-19 Councilman Thoms moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays -None. ORDINANCE NO. 71.75 An Ordinance Amending Ordi- nance No. 25 by Repealing Sec- tion 1 Thereof and Enacting a New Section 1 in Lieu Thereof to Provide for the Appointment of the Board Members of the Carnegie -Stout Free Public Li- brary and Establishing the Eli- gible Age of Said Board Morn - bars, Presented and read. Concilman Thorns moved that the reading just had be considered the first read. ing of the Ordinance. Seconded by Councilman Lundh. 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays --None. ORDINANCE NO. 21.75 AN OKIsINANCE AMENDING ORDI- NANCE NO. 2$ BY REPEALING SEC- TION 1 THEREOF AND ENACTING 282 Special Session,June 16, 1975 A NEW SECTION 1 IN LIEU THERE- OF TO PROVIDE FOR THE APPOINT- MENT OF THE BOARD MEMBERS OF THE CARNEGIE-STOUT FREE PUB- LIC LIBRARY AND ESTABLISHING THE ELIGIBLE AGE OF SAID BOARD MEMBERS. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: SECTION 1: That Ordinance No. 25 be and the same is hereby amended by repealing Section I thereofand enacting a new Section I in lieu thereof as fol- lows: "LIBRARY BOARD. Section 1. The Caraegie-Stout Free Public Library of the City of Dubuque shall be under the control and direction of the Board of Library Trustees. Said Board shall con- sist of seven members who shall be ap- pointed by the Mayor with the approval of the City Council. As the terms of office of the present encum bents of the Board expire, the Councilshall appoint their successors. Three members shall be appointed before July 1, 1929, two mem- bers shall be appointed before July 1, 1931, and two members shall be appointed before July 1, 1933, cathof whom shall hold office for six years and until his suc- cessor is appointed and qualified. The term of office of any member shall commence on the 1st day of July in the year in which he is appointed. Vacancies occur- ring on the Board through death, resig- nation or permanent removal from the City shall be filled by the Mayor with the approval of the Council, but such appointments shall be made to fill out the unexpired term for which the ap. pointment is made. Citizens and residents of Dubuque, male or female, over the age of eighteen (18) years, are alone eligible to membership on such Board. Members of said Board shall receive no compensation for their services." Passed, approved and adopted this 16th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. 'rborns Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 19th day of June 1975. Leo F. Frommelt City Clerk It. 6-18 Councilman Thoms moved final adoption of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. June 12, 1975 Honorable Mayor and City Council I am returning to you the peti. tion of the Dubuque Packing Com. pany and the proposed ordinance restricting parking on both sides of East 15th Street from Sycamore east. I recommend favorable consid. eration of the ordinance and in support of the recommendation I have attached a copy of a letter from Chief O'Brien. 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, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. ORDINANCE NO. 22-75 An Ordinance Amending Ordi. nance No. 33.49 known as "The Traffic Code of Dubuque, Iowa" as Amended by Repealing Sec- tion 85 of Schedule VI and En. acting 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 East. wardly, Presented and read. Mayor Just - mann moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Mayor Justmann 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, Thorns. Nays—None. Special Session, June 16, 1975 283 ORDINANCE NO. 22-75 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SECTION 85 OF SCHEDULE VI AND ENACTING A NEW SECTION 95 TO SCHEDULE VI IN LIEU THEREOF TO PROHIBIT THE PARKING OF MO- TOR VEHICLES ON BOTH SIDES OF EAST FIFTEENTH STREET FROM SYCAMORE STREET TO A POINT 950 FEET EASTWARDLY. NOVO THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: SECTION 1: That Ordinance No. 33- 49 known as "The Traffic Code of Du- buquc, Iowa" as amended be and the same is hereby amended by repealing Sec- tion 85 of Schedule VI thereof and en- acting a new Section 85 of Schedule VI in lieu thereof as follows: "Schedule VI 85. On both sides of East Fifteenth Street from Svcamore Street to a point 950 feet castwardly." Passed, approved and adopted this 16th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thom, Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of June 1975. Leo F. Fmmmelt City Clelk It. 6.19 Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 23.75 An Ordinance authorizing Mr. & Mrs. Edward Mazurek to con- struct a picket fence, presented and read. Mayor Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays --None. Mayor Justmann moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Thoms. Carried by the following Vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Mayor Justmann moved final adoption 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. ORDINANCE NOT EFFECTIVE AND NOT PUBLISHED DUE TO NON-ACCEPTANCE OF CONDI- TIONS BY PROPERTY OWNERS. June 13, 1975 Honorable Mayor and City Council I am returning to you the peti- tion of Mrs. Warren Conrad for traffic control at the intersection of 24th and Jackson Streets. The traffic committee has in- vestigated the situation and an or- dinance is submitted for your con- sideration which would regulate traffic so that travel east and west on Jackson would stop at 24th Street. It is recomm,nded that 4 way stop signs be installed for a trial period. I also submit a copy of a letter from Chief O'Brien in explanation of the recommendation. Gilbert D. Chavenelle City Manager 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, Stackis, Thoms. Nays—None. ORDINANCE NO. 24.75 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as Amended by Repealing Sec- tion A of Schedule II Thereof and Enacting a New Section A of Schedule 11 in Lieu Thereof to Provide That Drivers of Ve- hicles Shall Stop at Every In- tersection Before Entering Jack- 284 Special Session, June 16, 1975 son Street Which is Designated as a Through Street from the North Property Line of East 12th Street to the South Prop- erty Line of East 24th Street and from the North Property Line of East 24th Street to the North Property Line of East 32nd Street, 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, Coun- cilmen Lundh, Stackis, Thorns. Nays --Councilman Brady. 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: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays—Councilman Brady. 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 Il THERE- OF AND ENACTING A NEW SEC- TION A OF SCHEDULE II IN LIEU THEREOF TO PROVIDE THAT DRIV- ERS OF VEHICLES SHALL STOP AT EVERY INTERSECTION BEFORE EN- TERING JACKSON STREET WHICH 1S DESIGNATED AS A THROUGH STREET FROM THE NORTH PROP- ERTY 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. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1: That Ordinance No. 33- 49 known as the "Traffic Code of Du- buque, Iowa" as amended be and the sante is hereby amended by repealing Sec- tion A of Schedule II thereof and en- acting a new Section A to Schedule II in lieu thereof as follows to wit: "A. Jackson 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." Passed, approved and adopted this 16th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Frail Stackis Allan T. Thorns Attest: Lco F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this ]9th day of June 1975. Leo F. Frommelt City Clerk It. 6-19 Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Thorns. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thorns. Nays—Councilman Brady. Petition of Dave Clemens, on behalf of Five Flags Corp., re- questing time on the agenda to discuss the architectural study of the Civic Center, presented for dis- cussion. Councilman Lundh moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Dave Clemens addressed the Council stating the Five Flags Cor- poration would like to purchase the total block of Urban Renewal Land next to the Orpheum Thea- tre; east half now and the west half within 18 months. Councilman Thorns moved that the City Man- ager and Development Director be directed to prcceed with neces- sary papers. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Petition of Donna M. Ginter requesting refund of $211.25 on unexpired portion of Beer -Liquor License No. C38.37, as she discon- tinued business on May 18, 1975, presented and read. Councilman Lundh moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded Special Session, June 16, 1975 285 by Councilman Thoms. 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 Notice to Contractors of proposals for con- struction of Washington Street Di- verters, presented and read. Mavor Justmann 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, Stackis, Thoms. Nays—None. Abstain—Councilman Lundh. June 12, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00a.m., Thursday June 12, 1975 for the City of Dubuque Washing- ton Street Diverters. The lowest bid entered was entered by Flynn Company, Inc. of Dubuque, Iowa. The alternate bid of $15,352.40 includes refurbishing and install- ing the old standards as per your indicated desire. To build the di- verters and use new steel posts the project would cost $13,252.40. The bid with the new steel posts is 4.8% over the estimate. The bid with the alternate is 7.8% over the estimate. I recommend the contract for the improvement be awarded to the low bidder, Flynn Company, Inc. Gilbert D. Chavenelle City Manager 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, Stackis, Thoms. Nays—None. Abstain --Councilman Lundh. (Awarding Contract) RESOLUTION NO. 217.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of Wash- ington Street Traffic Diverters Pursuant to Resolution No. 155.75 and notice to bidders published in a newspaper published in said City on May 22, 1975 and May 29, 1975; and WHEREAS, said sealed propos- als were opened and read on June 12, 1975, and it has been deter. mined that the bid of Flynn Com- pany, Inc. of Dubuque, Iowa in the amount of $15,352.40 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE 1T RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Flynn Company, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- Lract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 16th day of June, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Allan T. Thoms Councilmen 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 Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays—None. Abstain—Councilmam Lundh. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity and hearing on proposed plans, etc., for construction of Replace- ment of City hall Electric Service and Associated Equipment, 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 Stackis moved that the proof of publica- 286 Special Session, June 16, 1975 tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas _ Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Necessity For Improvement) RESOLUTION NO. 186.75 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: 1. An estimate of the cost of the proposed improvement for Replacement of City Hall Elec- tric Service and Associated Equipment. 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 improvements, and unless prop- erty owners or any interested per- son at the time of the final con- sideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of 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 City Building Maintenance Fund. The above resolution was intro. duced, approved, and ordered Placed on file with the City Clerk this 2nd day of June, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fi. nally passed and adopted, as pro- posed, by the City Council this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Second. ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im• provements. RESOLUTION NO. 218.75 WHEREAS, proposed plans and specifications and form of contract for the Replacement of City Hall Electric Service and Associated Equipment have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 16th day of June, 1975; and WHEREAS, the City Council met in special session this 16th day of June, 1975, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering 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 con- sidered; 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, 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 Special Session, June 16, 1975 287 form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Ordering Construction) RESOLUTION NO. 219-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa That pursuant to a Resolution of Necessity No. 186-75, which was duly passed by this Council for the Replacement of the City Hall Electric Service and Associated Equipment. Be and the same is hereby or- dered 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 plans and specifi- cations 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 City Building Maintenance Fund. 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. Passed, adopted and approved this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T. Thorns Councilmen i. 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, Thorns. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity and hearing upon proposed plans, specs., etc. for construction of Grandview Ave. and Highway #E20 Traffic Signals, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing, Councilman Stackis moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thorns. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Necessity for Improvement) RESOLUTION NO. 189.75 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 Grandview Avenue and Highway X20 Traffic Signals. 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 288 Special Session, June 16, 1975 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- mentwill 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 2nd day of June, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Second- ed by Councilman Thoms. Carried by the following vote: Nays—None. Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 220-75 WHEREAS, proposed plans and specifications and form of contract for the construction of: Grandview Avenue and Highway #20 Traffic Signals have been approved by the City Council of the City of Du- buque and public notice given as provided 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, specifications or contract for or cost of such improvements, said time being this 16th day of June, 1975; and WHEREAS, the City Council met in special session this 16th day of June, 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 WIIEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; 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, 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 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Ordering Construction) RESOLUTION NO. 221.75 BE IT RESOLVED by the City Council of the City of Dubuque:, Iowa that pursuant to a Resolution of Necessity No. 189.75 which was duly passed by this Council for the Grandview Avenue and Highway #20 Traffic Signals. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. Special Session, June 16, 1975 289 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 Fund. 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. Passed, adopted and approved this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 222.75 Preliminary approval of plans, specifications, form of contract, and all other documents for the construction of University Avenue Pedestrian Crosswalk in the esti- mated amount of $8,024.87, pre- sented and read. Councilman Thoms moved adoption of the res- olution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Necessity For Improvement) RESOLUTION NO. 223-75 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 University Avenue Pedestrian Crosswalk. 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. Saiid 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 16th day of June, 1975. Approved and placed on file for 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 ap- proval of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Fixing Date of Hearing RESOLUTION N0. 224-75 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 the University Avenue Pedestrian Crosswalk. 290 Special Session, June 16, 1975 BE IT THEREFORE RESOLVED that on the 7th day of July, 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 ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 16th day of June, 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, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 225.75 A Correction Resolution to Cor. rect Resolution No. 363-74 Ap. proving the Plat of Lots 1-13 Inclusive All in West Ridge Ad. dition in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat in which: Lot B of Lot 2 of 2 of 2 of 1 of 1 of 1 of 1 of 1 of Clarence Arlen's Place in the City of Du- buque, Iowa, is platted as Lot 1-13 inclusive of Block 1 of West Ridge Addition in the City of Dubuque, Iowa, by Delbert Miller as Owner thereof; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and approved by said body; and WHEREAS, upon said plat ap- pears streets to be known as West. more Drive, and also casements for public utilities which the Own. er upon said plat has dedicated 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 reduced to grade or paving, sewer, water or sidewalks installed therein; NOW THEREFORE, BE IT RE_ SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Westmore Drive together with the easements for public utilities all as the same appears upon said plat; be and the same are hereby established as public streets in the City of Dubuque; Section 2. That the plat of the Subdivision of Lot B of Lot 2 of 2 of 2 of I of 1 of 1 of 1 of 1 of Clarence Arlen's Place in the City of Dubuque, Iowa, and which will hereafter be known as Lots 1.13 inclusive, of Block 1 in West Ridge Addition in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubuque upon said plat pro- viding the Owner of said property, hereinbefore named, executes writ- ten acceptance hereto attached, agreeing: a. To reduce Westmore Drive and to grade as shown by the pro- files submitted with the plat. b. To surface Westmore Drive a width of 30 feet with 6" Portland Cement Concrete Pavement with integral curb and gutter or 8" Rolled Stone Base with 21/e" Bi- tuminous Concrete Surface. All of the foregoing shall be constructed according to the latest City of Du- buque specifications. c. To install sidewalks on both i sides of Westmore Drive in ac- cordance with the City of Dubuque Standard Specifications for Perma- nent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To install sanitary sewers in accordance with plans submitted with this plat. Special Session, June 16, 1975 291 f. To install the sanitary sewer and water house laterals for each lot to behind the property lines. g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engineer. h. To maintain all street im- provements and sewer and water mains for a period of four (4) years from the date of its accept- ance. i. To construct said improve- ments prior to November 30, 1976. j. To provide the foregoing con- struction and maintenance as the expense of the Owner. And further provided that; Del- bert Miller, as Owner of said Sub- division secured the performance 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 Del- bert Miller shall fail to execute the acceptance and provide secur- ity provided for in Section 2 here- of within forty-five (45) days from 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 recorded roll call vote this 16th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen 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 225-75 has been pro- vided by the Owner. Dubuque, Iowa, June 17, 1975 /s/ Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 225.75 Delbert Miller, having read the terms and conditions of the fore- going Resolution 225.75, and being familiar with the contents there. of, hereby accept the same and agree to perform the conditions therein required. /s/ Delbert Miller Dated: June 17, 1975 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, Thoms. Nays—None, June 12, 1975 Honorable Mayor and City Council For continued funding of our telecommunications equipment for the Dubuque City/County Law En- forcement Center, the City of Du- buque Police Department and the Sheriff's Department, the Iowa Crime Commission informs us that a modified 28E Agreement must be executed. Funding from the Iowa Crime Commission is predicated on the principle that all law enforcement agencies in Dubuque County will conform to the long range State Telecommunications System. Our original 28E Agreement, dated June 6, 1974, which covered Phase I of our telecommunications sys- tem in the Law Enforcement Cen- ter, only included Dubuque Coun- ty and the City of Dubuque. The Crime Commission informs us that in order for us to secure funding for Phase II, which will include a new base station, new mobile and portable radios for the City and additional radios for the County, it will be necessary for us to in- clude the towns of Asbury, Cas- cade, Dyersville, Epworth and Far- ley in a 28E Agreement. The program will be for Du- buque County and the City of Du- buque to complete in 1975 Phase II of the telecommunications sys- tem both for the City of Dubuque and Dubuque County law enforce- ment equipment and then in 1976 to allocate State funds for the modernization of police communi- cations equipment for the outlying towns. in order for us to proceed with our program you are requested to adopt the attached Resolution which: 1) authorizes the City of Dubuque to become a party to the 28E Agreement; 2) authorizes the City Manager and Chief of Police to be members of the Governing 292 Special Session, June 16, M5 Board, identified in the Agree- ment; and 3) authorizes the Mayor to execute the Agreement in the name of the City of Dubuque. Francis A. Murray Assistant City Manager Councilman Stackis 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. RESOLUTION NO. 226.75 Resolution Authorizing the City of Dubuque to Become a Mem- ber of the Dubuque County Law Enforcement Telecommuni- cations Plan Under a 28E Agree. ment. WHEREAS, it is desirous to par- ticipate in the Dubuque County Law Enforcement Telecommunica- tions Plan as prescribed by the Iowa Crime Commission, and WHEREAS. it is necessary to en- ter into a 28E Agreement with par- ticipating members of Dubuque County to be eligible for Iowa Crime Commission funds, and WHEREAS, it will enable the Police Department of the City of Dubuque to secure funding for ac- quisition of UHF radios and appur- tenances. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That the City of Dubuque be- ome a party to a 28E Agreement for a Law Enforcement Telecom- munications System for Dubuque County. 2. That the City Manager and Chief of Police be designated mem- bers of the Governing Board as stipulated in this Agreement. 3. That the Mayor be authorized and directed to execute this Agree- ment for the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. F'rommelt City Clerk Councilman Stackis 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. June 12, 1975 Honorable Mayor and City Council You are being requested to au- thorize the Mayor to execute a matching resolution with the Iowa Crime Commission stipulating that the City of Dubuque will provide $13,550. This money will be used as matching funds for the purchase and installation of communica- tions equipment under Phase II of the City/County Law Enforce- ment Center Communications Plan, Phase II of the project will en- compass the conversion of all ra- dios of the City of Dubuque Po- lice Department from VHF to UHF. Plans under Phase II are to replace all existing outmoded VHF mobile and portable radios used by our Police Department and to construct a new UHF base station. Correspondingly, the Coun- ty will be. participating in Phase 11 of the communications plan with the acquisition of additional VIiF mobile and portable radios and modification of their base station. Total project cost under Phase 11 will be $124,074. The City's con- tribution will be $13,550, the Coun- ty's $5,524 and the Iowa Crime Commission's $105,000. For this expenditure the City will be add- ing $88,143 to its communications system and the County will be add- ing $35,931 to its system. In order for us to proceed with the project it is necessary for the Mayor to sign the attached non - supplanting certificate and a match- ing resolution. We would then ask that you authorize him to proceed with the signing of these docu- ments. 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, Stackis, Thoms. Nays—None. Special Session, June 16, 1975 293 MATCHING RESOLUTION RESOLUTION NO. 227-75 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed heretofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Title of Project, County -Wide Communications; Amount of Funds Being Provided, $13,550.00. We further resolve that we will provide in-kind match during the approved project period for the following projects: Title of Project 0; Type of In-kind (Salary, Space, etc.) 0; Valuation of In-kind Pro- vided 0. Passed this 16th day of June, 1975. Signature: 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, Lundli, Stackis, Thoms. Nays—None. RESOLUTION NO. 228.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW TIiEREFORE 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 Dubuque Packing Company, 16th and Sycamore Street Thompson's Food Markets, Inc., Oky Doky #8, 2850 Burlington Street Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Councilman Lundh 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. 229.75 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 Dubuque Packing Company, 16th and Sycamore Street Thompson's Food Markets, Inc., Oky Doky #8, 2850 Burlington Street Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh 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. 294 Special Session, June 16, 1975 RESOLUTION NO. 23475 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 Creslanes Bowling Inc, 255 South Main Street (Also Sunday Sales) Riverside Bowl, Inc., 1860 Haw- thorne Street (Also Sunday Sales) Fischer Bowling Lanes, 880 Locust Street (Also Sunday Sales) Joseph Edward Reisdorf, 601 Rhomberg Avenue Phillip R. Love, 1701 Central Ave- nue Passed, adopted and approved this 16th day of June 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 Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. RESOLUTION NO. 231-75 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 the City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Creslanes Bowling, Inc., 255 South Main Street (Also Sunday Sales) Riverside Bowl, Inc„ 1860 Haw. thorne Street (Also Sunday Sales) Fischer Bowling Lanes, 880 Locust Street (Also Sunday Sales) Joseph Edward Reisdorf, 601 Rhomberg Avenue Phillip R. Love, 1701 Central Ave. nue Passed, adopted and approved this 16th day of June 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 Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 232-7S 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 1T 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 Hazel E. Koeller, Copper Kettle, 2987 Jackson Street (also Sun- day Sales) Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thorns Councilmen Special Session, June 16, 1975 295 Attest: Leo F. Frommelt. City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- ciimen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 233.75 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 Hazel E. Koeller, Copper Kettle, 2987 Jackson Street (also Sun- day Sales) Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh 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. 234.75 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. Thomas Astgen, 1101 Rhomberg Avenue Ronald J. Fens, 1121 University Avenue Beecher Co., Inc., 2399 White Street Beecher Co., Inc., 1691 Asbury Road Bishop Suburban Buffet of Du- buque, Iowa, Kennedy Mall Blue Moon, Inc., 1097 Jackson Street Ralph J. Cremer, 731 Rhomberg Avenue Creslanes Bowling Inc., 255 South Main Street Dubuque Golf and Country Club, Randall Place Dubuque Packing Company, 16th and Sycamore Street Victoria Ellis, 120 West Fourth Street Robert C. Ender, 2098 Central Ave. nue Frank and John George, 1481 Dodge Street John F. Glynn, 760 East 16th Street Lorraine Gordon, 2327 Central Avenue Vivian Heinz, 3301 Pennsylvania Avenue Carl Hirsch, 532 East 22nd Street Mary A. Miller, 700 East 16th Street Montgomery Ward Retail Store, 555 John F. Kennedy Road Kay J. Nemmers, 250 West 1st Street James L. Norton, 902 Main Street David Parochetti, 2600 Dodge Street Joseph E. Reisdorf, 601 Rhomberg Avenue Riverside Bowl, Inc., 1860 Haw- thorne Street John L. Savary, 827 Dodge Street Mathias Schneller, 2372 Central Avenue Earl E. Schumacher, 2204 Central Avenue Joseph A. Schumacher, 2400 Cen- tral Avenue W. S. Sheppley & Co., Town Clock Plaza Allen C. Tressel, 2528 Central Ave- nue Thompson's Food Markets, Inc., Oky Doky #6, 1256 Iowa Street Thompson's Food Markets, Inc., Oky Doky #8, 2850 Burlington Street 296 Special Session, June 16, 1975 Thompson's Food Markets, Inc., Oky Doky #9, 51 West 32nd Approved SP ptolnher Street 19 i:i Carl VanDuelman, 590 Clarke Drive Se t m h P r Will -Co. lnr., Oky Doky #10, 805 ... 1975 West 5th Street Bernard Willenborg, 1301 Rhom- bergAvenue......•• ••'•• 2 . Douglas Zickuhr, 1.701 Asbury Road George K. Arvanitis, 1958 Central Avenue Passed, adopted and approved this 18th day of June 1975. C. Robert Justmann Mayor ........?. :z r? .............. Alvin E. Lundh Emil Stackis James E. Brady. ................ Allan T. Thoms Councilmen ... Councilmen Attest: Leo F. Frommelt Atteh City Clerk Ci lerl Councilman Brady 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. Councilman Brady moved that Dan Dittemore be instructed to at- tend American Legion hearing on Liquor License in Des Moines on June 17, 1975. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Nays — Councilmen Stackis, Thoms. Councilman Thoms further moved that the City Solicitor also be directed to attend this meet- ing. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. There being no further business, Mayor Justmann moved to adjourn. 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 September 8, 1975 Adopted September 8, 1975 Special Session, June 23, 1975 297 CITY COUNCIL OFFICIAL Special Session, June 23, 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 REZONING OF LOT 10, BLOCK 3 OF METTEL-LINK SUB- DIVISION and acting upon such other business as may properly come before a regular meeting of the Council. A Bicentennial Flag was present- ed to the Council on behalf of Frommelt Industries. Communication of Mayor Just - mann (forwarded from last meet- ing) relative to the proposed op- eration of 65' trucks was WITH- DRAWN, No Action taken at this meeting. Communication of Dubuque County Conservation Society, in resolution form, being opposed to the Dubuque Industrial Bureau's plan to fill ire a portion of the Mississippi River north of the Du- buque Lock & Dam to provide in- dustrial areas, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays—None. Communication of Youth Ser- vices Board of Directors submit- ting minutes of their meeting of May 27, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. 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 being in favor of merging the Park and Recreation Departments with one Director over both, presented and read. Councilman Stackis moved that the communication be re. ceived and filed and an Informal Session be held on July 9, 1975 at 7:30 P.M. in the Council Cham- bers with the Commissions and Council. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Dubuque Park Board encouraging the Council to leave the present Recreation Com- mission and Park Boards as sepa- rate entities and each board re- quire the attendance of its depart- ment head at regular meetings of both Commissions, presented and read. Councilman Stackis moved that the communication be re- ceived and filed and an Informal Session be held on July 9, 1975 at 7:30 P.M. in the Council Cham- bers with the Commissions and Council. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- ilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Planning & Zoning Commission submitting minutes of their meeting of June 4, 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 Mayor Just - mann submitting a list of pro- posed Council Work Items: Mer- ger of City/County Health Depart- ment, Updating Council Agenda procedures and rules, Reconstruc- tion of Madison Park stairs as a Dubuque Bicentennial Project, Propose withdrawal of City from National Resources Council, Inves- tigate feasibility of acquiring small battery -Powered cars to be used by City officials in place of large in- ternal combustion vehicles pres- ently assigned, presented and read. Councilman Brady moved that the reconstruction of the Madison Park 298 Special Session, June 23, 1975 steps be included in the 1976 Street Program. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Councilman Thoms moved to continue membership in the Na- tional Water Resources Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. Further discussions on Updating Council Agenda Procedures & Rules and Merger of City/County Health Department were set for the Council Meeting of July 14, 1975. June 18, 1975 Honorable Mayor and City Council Submitted herewith are the re- ports of the Finance Director, Treasurer, Water Superintendent, Health Department, as well as a list of claims paid, for the month of May 1975. Gilbert D. Chavenelle City Manager Councilman Stackis 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, Stackis, Thoms. Nays—None. Notice of Corps of Engineers ad- vising that applications, permits and comments are on file relative to performance of maintenance dredging at the Jahn Deere Du- buque Tractor Works, presented and read. Councilman Stackis 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 Collector of Accounts for the County submit- ting eleven petitions for the sus- pension of real estate taxes for Otis & Rosella Bersley, Louise Bieberman, Donald G. & Eleanor E. Boettcher, Iielen M. Bradley, Blanche Donovan, Buron A. & Inez F. Glab, Elsie E. Lange, Bernard W. Mihm, Robert G. & Gertrude S. Ogaard, Elma B. Rembold, and Leona G. Ricken, presented and read. Councilman Thoms moved that the suspensions be approved and the City Clerk authorized to sign the petitions. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Councilman Thoms requesting referral of the conservation of energy to the Man- ager and Transit Board described as Vanpooling to make the sys. tem of carpooling more effective, presented and read. Councilman Thoms moved that the communi- cation be referred to the City Man- ager and Transit Authority. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Councilman Thoms suggesting that the Council direct the City Attorney to pre- pare proper resolution expressing gratitude for effort done on be- half of our legislators for the re- ceipt of matching funds to com- plete our sewage treatment sys- tem, presented and read. Council- man Stackis moved that the com- munication be referred to the City Solicitor to prepare proper resolutions to legislators. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 16, 1975 Honorable Mayor and City Council Claim was filed on May 14, 1975 against the City of Dubuque by Virgil Lee Hutchinson, 357% East 19th Street, Dubuque. Damages in the estimated amounts of $86.52 and $125.14 were claimed as the result of an alleged collision oc- curring on May 9, 1975 at the in- tersection of 13th and Iowa Streets with a City owned vehicle being driven by a City employee. Special Session, June 23, 1975 299 This matter was referred to the appropriate City agency who has made an investigation thereof and reports to this office that this claim has been amicably disposed of. It is therefore the recommen- dation of the City Attorney that the foregoing claim be denied. Original claim is returned here. with . R. N. Russo City Attorney Councilman Brady moved that the communication be received and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Notice of Claim of Sandra Bow- man, in the amount of $340.50, for personal injuries received in a fall on a defective sidewalk at 504 Bluff Street on April 29, 1975, pre- sented and read. Mayor Justmann moved 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zon. ing Ordinance No. 3.34, by amend- ing Article IV Section 2 (h), pro- fessional use for Lot 10 Block 3 Mettel-Link Subd., 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. Ma- yor Justmann moved that the proof of publication be received and filed. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Mayor Justmann moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Herb Bisping addressed the Council stating the neighbors agreed the rezoning is an accept. able solution. ORDINANCE NO. 25.75 An Ordinance Amending and Changing Ordinance No. 3.34, known as "The Zoning Ordi. nance and Zoning Map of the City of Dubuque, Iowa," by Amending Article IV, Section 2 (h) Thereof to Include Certain Described Real Estate in Which Professional Offices or Studios of a Physician, Dentist, Archi- tect, Engineer, Lawyer, Realtor, Insurance, Musician, or Similar Professions May Be Permitted, Said Ordinance having been pre- viously presented and read at the Council Meeting of May 27, 1975, presented for final adoption. ORDINANCE NO. 25.75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34, KNOWN AS "THE ZONING ORDI- NANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY AMENDING ARTICLE IV, SECTION 2 (h) THEREOF TO INCLUDE CER- TAIN DESCRIBED REAL ESTATE IN WHICH PROFESSIONAL OFFICES OR STUDIOS OF A PHYSICIAN, DEN- TIST, ARCHITECT, ENGINEER, LAW- YER, REAL'T'OR, INSURANCE, MUSI- CIAN, OR SIMILAR PROFESSIONS MAY BE PERMITTED. 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 Ordinance and Zoning Map of the City of Dubuque, Iowa," be and the same is hereby amended by amending Aritcle IV, Section 2(h) thereof as follows: "Article 1V. Section 2. It) Professional offices or studios of a physician, dentist, architect, engineer, lawyer, realtor, insurance, musician or similar professions within the following described area: Lot 10 of Block 3 of Mettel-Link Subdivision 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." 300 Special Session, June 23, 1975 Passed, adopted and approved this 23rd ,lay of June, 1975. C. Robert Justmann M ayor Alvinr. Lundh James F. Brady Fmil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommel[ City Clerk Published officially in the Telegraph Herald Newspaper this 1st day of Au- gust, 1975. Leo F. Frommel[ City Clerk Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Gerald Udelhofen re- questing permission to excavate at 2965 Pennsylvania Ave., pre- sented and read. Councilman Thoms moved that the request be approved. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of St. Patrick's Cath- olic Church requesting refund of $225 on unexpired portion of Class "B" Beer Permit, discontinued business on June 16, 1975, present- ed and read. Councilman Thoms moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays --Councilman Brady. Petition of Inns of Iowa, Ltd., requesting permission to block off Mercer Drive on June 28, 1975 from 5:00 P.M. to Midnight to con- duct a street party, presented and read, Mayor Justmann moved that the request be approved subject to the approval of the City Man- ager and City Engineer. Seconded by Councilman Thoms. 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 Notice to Contractors of receipt of propos. als for the construction of 1975 Paving Project No. 1; Dodge Sl., alley west end of Cherry, Althaus. er, Edison, E. l4th St.., Fengler, Grandview, Loras, Mt. Carmel Road, Paul, Pennsylvania, Rock- dale, 9th St. & University Ave., 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. June 19, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 a.m. Thursday, June 19, 1975 for the City of Dubuque 1975 As- phalt Paving Project No. 1 Sections 1, U and III. The lowest bid entered was by Tri-State Paving Division of Du- buque Stone Products Company of Dubuque, Iowa. Their bid was 20.28% under the estimate. 1 recommend that the contract for the improvement be awarded to Tri-State Paving Division of Dubuque Stone: Products Company. 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Awarding Contract) RESOLUTION NO. 235.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1975 Asphalt Paving Project No. 1. SECTION I Dodge Street from the cast 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 Special Session, June 23, 1975 301 east curb line of Grandview Ave- nue. 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, Edison Street from the west curb line of Althauser Street to the east curb line of Stafford Street. 4. Fast 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 con- crete 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. Pursuant to Resolution No. 166- 75 and notice to bidders published in a newspaper published in said City on May 30, 1975 and June 6, 1975; and WHEREAS, said sealed propos- als were opened and read on June 19, 1975, and it has been deter- mined that the bid of Tri-State Paving Division of Dubuque Stone Products Co. of Dubuque, Iowa in the amount of $461,646.67 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Division of Dubuque Stone Products Company subject to approval of the State Highway Commission, and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that, upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 23rd clay of June, 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. Communication submitted by Mayor Justmann and Councilman Lundh concerning the formation of a rehabilitation housing task force for the City, presented and read. Councilman Thoms moved that the communication be received and filed and referred to Council and City Manager. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None, 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 Pri- vate Developers. WHEREAS, under date of July 26, 1967, the City of Dubuque and 302 Special Session, Jame 23, 1975 the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hear- ing, duly adopted an Urban Re- newal Plan for said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages. Pages 235 to 259; and WHEREAS, pursuant to said Ur- ban Renewal Plan and said Loan and Capital Grant Contract, the City of Dubuque has and is acquir- ing land, relocating site occupants, removing structures and other im- provements, and constructing and reconstructing site improvements and public facilities; and WHEREAS, the Urban Renewal Plan provides for the sale of cer- tain land for redevelopment by private developers; and WHEREAS, the Fixed -Price Com- petition method permits the sale of land on criteria and factors oth- er than price and in the best in- terests of the Urban Renewal Project and the City of Dubuque, now therefore BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the documents pertaining to a proposed Fixed - Price Competition offering of a certain parcel of real estate set forth in such documents, a copy of which documents are made a part hereof and filed of record in the Office of the City Clerk and as they may be revised as necessary to comply with the requirements of the Department of Housing and Urban Development, are hereby approved. Section 2. That the Fixed -Price Competition method of offering certain land for sale for redevel- opment by private developers is the appropriate method of making the land available for redevelop- ment. Section 3. That the price for the disposal of said parcel included in the proposed offering has been determired to be not less than the fair price for the land for uses in accordance with the Ur. ban Renewal Plan and said prices are hereby approved. Section 4. That the City Manag- er and the Director of Housing and Redevelopment be and are hereby authorized and directed to pro. ceed with the proposed disposal of the parcel set forth in the at- tached documents in accordance with the proposed disposal pro. cedure and all other applicable requirements. Section S. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the sale of cer- tain parcels of real estate, in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 23rd day of June, 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. EXHIBIT "A" INVITATION FOR PROPOSALS The City of Dubuque, Iowa, in- vites proposals for the purchase, redevelopment and rehabilitation/ renovation of certain property in the Downtown Urban Renewal Project Iowa R-15. The parcels of land available for sale are located in that block bounded by Main Street, Fourth Street, Locust Street and Fifth Street. The par- cels are identified as follows: Parcel No. Approximate Sq. Ft. I1-1 9,997.5 11.2 6,643.5 11-3 14,577 11-5 6,643.5 11-7 14,577 11-8 9,997.5 The permitted use for redevelop- ment of the property is limited to a facility which may be a combina- tion of an auditorium, theater, ex- Special Session, June 23, 1.975 303 hibition center and other similar and compatible uses. Parcel 11-3 includes the Orpheum Theatre which is subject to rehabilitation/ renovation. Each proposal must in- clude the purchase of all parcels. Full information, instructions and bid documents needed to pre- pare proposals may be obtained by depositing $10.00 with the Depart- ment of Community Development, Suite 10-B, Fischer Building, Du- buque, Iowa, for each set. of Doc- uments. Each such deposit shall be refunded if the Documents are re- turned in good condition within 30 days after bid opening. All proposals must be received at the office of the City Clerk, City Hall, 13th Street and Central Avenue, Dubuque, Iowa, no later than 10:00 A.M. CDST on .July 25, 1975, at which time all bids will be publicly opened and read in Council Chambers. Each proposal must be accom- panied by a good faith deposit in the form of a certified check or bank draft payable to the City of Dubuque, or a satisfactory bid bond, in an amount equal to 10% of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M. Wittenberg, Director of Community Development. Leo F. Frommelt City Clerk 2t. 6-26, 7-3 Communication of Iowa Depart- ment of Environmental Quality submitting a temporary permit ap- plication for the use of a sanitary disposal project by July 1, 1975, presented and read. Councilman Thorns 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. RESOLUTION NO. 237.75 Resolution Authorizing The Sub- mission Of An Application For A Temporary Solid Waste Dis• poral Project Permit. That the Mayor and City Clerk be and they are hereby authorized and directed to execute an applica- tion for a temporary solid waste disposal project permit with the Iowa Department of Environmental Quality, a copy of which applica- tion is attached. Passed, approved, and adopted this 23rd day of June, 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. 238.75 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. John C. Andresen — Andresen's United, 229 8th Street John C. Andresen — Pipe Inn, Kennedy Mall Country Kitchen, 3187 University Avenue M. L. Donovan, 1876 Central Ave- nue Jack Dunbar, 504 Central Avenue Lorraine A. Fransen, 1100 Lincoln Avenue Anthony A. and Bette 0. Helling, 701 Dodge Street Hardee's of Dubuque, Inc., 703 Dodge Street JFK Fast Foods, Inc., 2075 John F. Kennedy Road J & RC, Inc., 431 Rhomberg Ave- nue Robert J. Karr, 31 Locust Street Donald Kies, 2620 University Ave- nue Gerald Kirchberg, 3203 Jackson Street Hazel E. Koeller, 2987 Jackson Street Harry Kopple, 1098 University Avenue 301 Special Session, June 23, 1975 Elizabeth Krajnovich, 481 Locust Street Michael J. Lucas, Jr., 1064 Univer. sity Avenue Thomas Joseph Manternach, 4001 Peru Road Vincent W. Mescher, 1233 Rhom- berg Avenue Shirley Mihalakis, 574 East 16th Street Merlin Morett, 3198 Central Ave- nue Mr. Steak, 2660 Dodge Street Albert J. Ney-Dolores Roeth, 600 Central Avenue OSCO Drug, Inc. #849, 703 Main Street Patricia Revelle, 2776 Jackson Street Kenneth Stecklein, 2480 Univer- sity Avenue Josephine Burke, 1445 Central Avenue Florence E. Chalder, 103% Main Street Catherine M. Meyer, 530 East 22nd Street Groves Kelco, Inc.—Nabors Drug #4, 1920 Elm Street Regal "8" Inn, 2680 Dodge Street Helen Weiner, 709 University Ave- nue William J. B. While, 1963 Asbury Street Lonas' Inc., 620 East 16th Street Charles Adams, 20th and Jackson Streets Aquinas Institute School of The- ology, 2570 Asbury Road Edward Bailey, 1298 Main Street Richard Barton, 1450 Loras Blvd. Robert Beidler, 2622 Dodge Street Big "G" Steak House, Inc., Plaza 20 Birch Oil Co., Inc., 1281 Dodge Street Bunker Hill Pro Shop, Bunker Hill Road Burger King #1100, 1350 John F. Kennedy Road Leonard H. Crane, 2245 John F. Kennedy Road William F. Dunne, Jones & Locust Streets Elk's Club Lodge #297, 2699 John F. Kennedy Road Ray Fleckenstein, 3275 Central Avenue William Hancock, 2205 Carter Road James Kachevas, 665 Dodge Street Knights of Columbus, 781 Locust Street James Lange, 2600 Dodge Street Nachtman Tire Co., 7th and Bluff Streets Charles Nesteby, 3200 Central Avenue Don Plumley, 5th and Locust Streets Ponderosa Steak House, 2035 John F. Kennedy Road Michael F. Pusateri, 2560 Dodge Street .Take Bender, 2600 Dodge Street Charles Spielman, 2401 Windsor Avenue Stampfer Dept. Store, Town Clock Plaza Joseph Sutter, 3195 Jackson Street Thelma Lenstra, 410 West 8th Street Village Inn Restaurant, 1940 John F. Kennedy Road Brian Vincent, 3305 Asbury Road Zayre Snack Bar, 255 John F. Ken. nedy Road Passed, adopted and approved this 23rd day of June 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. 239.75 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 Catherine M. Meyer, 530 East 22nd Street Special Session, June 23; 1975 305 Passed, adopted and approved this 23rd day of .lune 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. 240-75 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 Catherine M. Meyer, 530 East 22nd Street Passed, adopted and approved this 23rd day of June 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. 241.75 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 Elizabeth Krajnovich, 481 Locust Street Eugene A. Otting, 1689 Elm Street Albert Ney & Dolores Roeth. 600 Central Avenue Donald T. Sand, 2364 Washington Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Melvin A. Spiegelhalter, 1029% Main Street Barney Willenborg, 1301 Rhom- berg Avenue Edward A. Bailey, 1298 Main Street Passed, adopted and approved this 23rd day of June 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. 242.75 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 306 Special Session, June 23, 1975 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 appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Elizabeth Krajnovich, 481 Locust Street Eugene A. Otting, 1689 Elm Street Albert Ney & Dolores Roeth, 600 Central Avenue Donald T. Sand, 2364 Washington Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Melvin A. Spiegelhalter, 1029% Main Street Barney Willenborg, 1301 Rhom- berg Avenue Edward A. Bailey, 1298 Main Street Passed, adopted and approved this 23rd day of June 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. 243-7S 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 Thelma Paradiso & Gary Buss, 3050 Asbury Road Passed, adopted and approved this 23rd day of June 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. RESOLUTION NO. 244.75 WIiEREAS, 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 R& 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 Thelma Paradiso & Gary Buss, 3050 Asbury Road Passed, adopted, and approved this 23rd day of June 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, June 23, 1975 3(Y7 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. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Approved September 8, 1975 Adopted September 8, 1975 308 Special Session, June 30, 1975 CITY COUNCIL OFFICIAL Special Session, June 30, 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 meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON ORDINANCES DESIGNATED ALTERNATE "A" AND 111318,TO AMEND THE ZONING ORDI- NANCE IN THE "HOSPITAL MEDICAL DISTRICT" AS AN AC. CESSORY USE OR A PERMITTED USE BY SPECIAL EXCEPTION, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Communication of Chamber of Commerce requesting time to pre- sent new organizational structure; also the 1975-76 Chamber Program of Work, 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. J. Bruce Meriwether, President of Dubuque Area Chamber of Commerce, presented to the Coun- cil the 1975.76 Chamber Program of Work outlining the specific areas of involvement for their or- ganization during its fiscal year and gave an oral report on the new organizational structure and how this new design can provide broader public service to the City of Dubuque. Councilman Stackis moved that the communication of Chamber of Commerce 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 Citizens Ad- visory Commission submitting min- utes of their meeting of June 24, 1975, presented and read. Coun. cilman Stackis moved that the min. utes be received and filed. Second• ed by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Dubuque Ca. ble TV Commission submitting minutes of their meeting of May 27, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas—Councilmen Brady, Stack. is, Thoms. Nays—Mayor Justmann. Abstain—Councilman Lundh. Councilman Brady moved that the poor reception of TV, espe- cially on Chicago Stations, should be referred to the TV Commission to study possible invoking the rate -rebate rule. Seconded by Ma- yor Justmann. Vote on the motion was as follows: Yeas—Councilmen Brady, Stack - is. Nays — Mayor Justmann, Coun- cilman Thoms. Abstain — Councilman Lundh. Councilman Thoms moved the Council recommend Cable Com- mission investigate the quality of picture on Channels 5, 44, and 9, particular emphasis on Chicago Stations, and report findings to the Council. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Thoms. Nays—Councilman Stackis. Abstain—Councilman Lundh. Communication of Peoples Nat- ural Gas advising that they have submitted its First Revised GT Tariff Book to the Iowa State Com- merce Commission for filing, copies are available, presented and read. Councilman Stackis moved that the communication 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. Special Session, June 30, 1975 3g Communication of Dubuque Area Industrial Development Corpora- tion urging a plan to investigate the feasibility of constructing a riverfront industrial park immedi- ately north of Lock & Dam No. 11, presented and read. Bob Dorothy addressed the Council and pre- sented a map of North Dubuque Industrial River Front Concept. Councilman Lundh moved that the communication of Dubuque Area Industrial Development Corp. be received and filed. 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 Board of Directors urg- ing the Council to give careful consideration to investigate the feasibility of constructing a river front Industrial Park immediately north of Lock & Dam No. 11, pre- sented and read. Councilman Thoms moved that the Army Corps of Engineers be requested to in- vestigate feasibility of this type of development. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Richard A. Fuerst objecting to the unjust and unpopular swimming pool rate in- crease, presented and read. Coun- cilman Stackis moved that the communication be received and filed and referred to Recreation Department for investigation and report. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Airport Com- mission submitting minutes of their meeting of June 5, 1975, pre- sented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Thoms. 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 Receipts and Expenditures and list of claims paid for the month of May, 1975, presented and read. Councilman Stackis moved that the proof of Publication be received and filed. Seconded by Councilman Thoms. 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 meeting of June 26, 1975, presented and read. Coun. cilman Stackis moved that the minutes be received and filed. Sec. onded by Councilman Thoms. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 20, 1975 Honorable Mayor and City Council At the City Council meeting of June 16, 1975, the question was raised about changing the Five Flags concept to a Veterans Me- morial Hall Complex. Chapter 37 of the 1975 Code of Iowa deals specifically with Me- morial Halls and Monuments. At Section 37.6 thereof, the pro- vision relating to the issuance of bonds is specifically covered and applies to the county by express language. Said section expressly provides as follows: "Bonds issued by City must be issued in accordance with provi- sions of law relating to general corporate purpose bonds of the City." Section 37.5 specifically relates to the acquisition of site and re- cites the fact that when the propo- sition to erect any such building or monument has been carried by a majority vote of all voters vot- ing thereon, any such county shall have the power to purchase grounds suitable for a site for any such building or monument. In reading and construing Chap- ter 37, of the 1975 Code of Iowa, one must bear in mind that the Home Rule Statute goes into ef- fect July 1, 1975. It would appear from a reading of Chapter 384 that the Five Flags Civic Center would come under a 310 Special Session, June 30, 1975 "City Enterprise Classification" and as such would be designated within a category of "General Cor- porate Purposes." Section 384.26 speaks specifically to general obli- gation bonds for general purposes and provides that a vote in favor of the proposition shall be equal to sixty percent of the total vote cast. Accordingly, it would appear that Chapter 384 of the 1975 Code of Iowa would predominate in this instance and the availability of Chapter 37 is eliminated. R. N. Russo City Attorney Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 27, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered the petition of Leo Kringle requesting vacation of City owned property described as the North % and South % of the East 33 feet of Lot 1 of the Sub. of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa. The Planning and Zoning Com- mission has no opposition to the vacation and sale of this property. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be referred to the City Manager and City Attor- ney for proper proceedings. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on Ordinances designated Alternate "A" and Al- ternate "B" to amend the Zoning Ordinance in the "Hospital Medi- cal District" as an accessory use or a permitted use by Special Ex- ception, presented and read. David Strohm, Administrator of Medical Associates, Francis O'Con. nor, Ron Jaeger and Dave Hammer for Finley Hospital, and Frank Richardson of Mercy Medical Cen- ter, addressed the Council being in favor of hospitals being permit- ted to sell optical goods and sup- plies as being an integral part of eye doctors in servicing their pa- tients, and being in the best in. terest and treatment of those who need their professional care. Wil- son McCallister, on behalf of Gib- son Eyewear, Mike Slade and Don Klauer voiced objections to the proposed amendments to the zon. ing ordinance that would allow op. tical dispensaries to be located within the Hospital Medical Zone. Councilman Thoms moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. June 27, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed ordi- nance amending the Hospital -Med- ical District to permit th-- sale of optical goods as a Special Excep- tion in the zoning district. This ordinance is presently before you and is identified as Alternate "B". Commission action on the other al- ternative proposal for the sale of optical goods in the District, known as Alternate "A", was set forth in oir communication to you dated June 5, 1975, and stands as a recommendation against your adoption of such Alternate "A". At its public hearing of June 26th, the Planning and Zoning Commission has again considered its position regarding the estab- lishment of commercial uses in the Hospital -Institutional zone of the proposed Comprehensive Zon- ing Ordinance, and has found the approach set forth in that propos- al to be a more appropriate regu- lation for this type of use. There- fore, the Planning and Zoning Commission has elected to take no action on the proposed Alter- nate "B", and to defer this mat- Special Session, June 30, 1975 311 ter to further consideration as part of the new Comprehensive Zoning Ordinance. This action was taken on a motion with four in favor, one abstention and two ab- sent. 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, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. ORDINANCE NO. "Alternate A" —An Ordinance amending Ordi- nance 3-34, as amended by Ordi- nance 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 -Medical District," so as to include the dis- pensing of Optical Goods by pre- scription as an accessory use with- in Office Buildings in said Dis- trict, said Ordinance having been previously presented and read at the Council meeting of June 9, 1975 presented for final adoption. Councilman Thoms moved final adoption of the ordinance. Sec- onded by Councilman Lundh. Vote on the motion was as follows: Yeas — Councilmen Lundh, Stackis, Thorns. Nays—Mayor Justmann, Coun- cilman Brady. ADOPTION OF ORDINANCE FAILED DUE TO LACK OF THREE-QUARTER VOTE OF COUNCIL. 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 IV -A thereof, and by adopting a new Section 2 of Article IV -A so as to include the sale of op- tical goods as a use permitted by special exception within the "Hospital -Medical District," Said Ordinance having been pre- viously presented and read at the Council Meeting of June 9, 1975, presented for final adoption. ORDINANCE NO. 26.75 AN ORDINANCE AMENDING ORDI. NANCE NO. 3-34, AS AMENDED BY ORDINANCE NO. 10-73, AND KNOWN AS "THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA," BY REPEALING SECTION 2 OF ARTICLE IV -A THEREOF, AND BY ADOPTING A NEW SECTION 2 OF ARTICLE IV -A SO AS TO IN- CLUDE THE SALE OF OPTICAL GOODS AS A USE PERMITTED BY SPECIAL EXCEPTION WITHIN THE "HOSPITAL -MEDICAL DISTRICT". NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 3- 34, known as "the Zoning Ordinance of the City of Dubuque, Iowa," be and the same is hereby amended by repealing Section 2 of Article IV -A, thereof, and by adopting a new Section 2 of Article IV -A in Lieu thereof as follows: "Article IV -A Hospital -Medical District Section 2. Permitted Uses (a) All permitted uses in the Two Family Residence District (b) Multiple dwellings, including row houses, terrace dwellings, town houses, apartments and efficiency units. (c) Hospitals, except animal hospitals (d) Convalescent and nursing homes (e) Rooming and -or boarding houses, nurses' dormitories, and convents (f) Offices of physicians, surgeons, dental surgeons and physical thera- pists licensed and accredited by the State of Iuwa (g) Off street parking for any of the uses listed above (h) Accessory uses or structures cus- tomarily incident to any of the permitted uses subject to further requirements as follows: 1. Restaurant and food services, laundries, floral and gift shops, and personal service establish- ments are permitted only with- in the principal hospital insti- tution of each Hospital -Medi. cal District. 2. Medical laboratories, dental lab- oratories, and pharmacies for the compounding, dispensing or sale of prescription medicines may exist within office build- ings permitted in this district. Such accessory uses shall not be advertised or otherwise in- dicated from the exterior of the principal office structure. (i) Medical laboratories, dental lab- oratories, and dispensaries for the compounding and sale of drugs, medicines and related items, in- cluding medical and surgical sup- plies, optical goods, and other 312 Special Session, June 30, 1975 health-related equipment as a spe- cial according to the following tial Exception in the zoning dis- rules: trict, subject to the issuance of a 1. Area -- the grossarra of signs Permit therefor by the Hoard of on any premises shall not ex. Adjustment. The Hoard of Adjust- teed thirty-two square feet (12 ment shall not grant such Special sq. ft.). The Huard of Adjust - Exception Permit unless in each specific case it shall make, after a merit may permit greater area for signs identifying the public hearing, findings of fact prin. cipal hospital in any Hospital. based on the particular evidence Medical District, by finding, presented to it that support the after a public hearing that such conclusions that: additional sign area and place - 1. That the proposed Special Ex- ment is appropriate to the gen. ception use will comply with era] neighborhood and necessary all applicable regulations of the for the convenient identifica- ordinance, including lot size re- tion of such hospital. quirements, and use limitations. 2, Type — free-standing ground 2. Adequate entrance and exit signs, wall signs, directory boards drives will be provided and will and temporary signs be designed so as to prevent shall be permitted, subject to traffic hazards and to minimize other requirements herein pre - traffic conflicts and congestion. scribed. 3. All necessary licenses and per- 3. Motion — no mechanical mo- mits for the use and operation tion or animation shall be per. of such Special Exception use nutted. have been obtained, or evidence 4. Height — wall signs shall not has been submitted that such project above any cornice or permits are obtainable for the parapet of the building to proposed use on the subject which they are attached; all property, other signs shall have a maxi - 4. exterior lighting is shaded mum height of six feet. wherever necessary to avoid S. Lighting -- no lighting by ex - casting direct light upon any posed bulbs or tubing shall be property used for residential permitted. No sign illumination purposes. shall be permitted to cast di- p. The location and size of the rect glare off the premises. Special Exception use, the na- 6. Content -- content of signs cure and intensity of the op- shall be limited to the name of eration involved or conducted the premises or establishment, in connection with it, the size type of establishment hours of of the site in relation to it, operation, address, or name of the location of the site with the proprietor. respect to streets giving access 7. Directional signs necessary for to it, shall be such that it will the safe and orderly flow of be in harmony with the ap- pedestrian and vehicular traf- propriate development of the fic on the premises shall be district in which it is located. exempted from the maximum 6. The location, nature and height gross area for signs as herein of buildings, structures, walls prescribed, Provided that no and fences on the site and the such sign shall exceed six nature and extent of landscap- square feet (6 sq. fc.) in area." ing and screening on the site Passed, approved and adopted this 30th shall be such that the use will day of June, 1975. not unreasonably hinder or dis- C. Robert Justmann courage the appropriate develop- Mayor meat, use and enjoyment of ad- Alvin E. Lundh jacent land, buildings and Emil Stackis structures. Allan T. Thoms 7. Tice proposed Special Exception Attest: use will not cause substantial Leo F. Frommclt injury to the value of other City Clerk property in the neighborhood in Published officially in the Telegraph which it is located and will Herald Newspaper this 3rd day of July contribute to and promote the 1975. convenience and welfare of the Leo F. Frommelt general public. City Clerk (i) Signs, including customary name- It. 7-3Councilman Thoms moved final plate or temporary signs advertis- ing the construction, sale or lease adoption of the Ordinance as of a building or premises, are per- amended. Seconded by Councilman Special Session, June 30, 1975 313 Stackis. Carried by the following vote: Yeas — Councilmen Lundh, Stackis, Thoms. Nays — Mayor Justmann, Coun- cilman Brady. COUNCIL RECESSED AT 10:10 P.M. RECONVENED AT 10:15 P.M. Proof of Publication, certified to by the Publisher, of Notice for Amendment to the Current Bud- get, 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. Councilman Stack - is moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays --None. ORDINANCE NO. 27-75 An Ordinance amending the Bud- get as approved by Ordinance No. 1.74 and 38-74, Said Ordinance having been pre- viously presented and read at the Council Meeting; of June 9, 1975, presented for final adoption. ORDINANCE NO. 27-75 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDI. NANCE 1-74 and 38-74. WHEREAS, IT IS NECESSARY TO AMEND THE CURRENT BUDGET TO PROVIDE APPROPRIATIONS TO COMPLETE CURRENT EXPENDI- TURES, PROJECTS AND IMPROVE- MENTS NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the unexpended cash balances on hand at the close of the preceding fiscal Year and revenues not appropriated in the original budget approved by Ordinances 1.74 and 38.74, are hereby allocated and appropriated for payment of necessary tx- penditures of city government in the ful- lowing funds and amounts; and to that end the appropriations of fund, are here- by authorized to wits FUND INCREASED APPROPRIATION General ,. 153,050.00 Street .., ..... 4,050.00 Road Use Tax 146,042.00 Public Safety 136,889.00 Sanitation 3,500.00 Refuse Disposal 85,525.00 Refusc Collection 5,200.00 Airport . _............._. .... 42,438.00 Dock .. .._. .... ........ ......._....... 21,431.00 Libra . ._ _ - ......... 2,800.00 Water Works -General 29,400.00 Street and Traffic Lighting 3,680.00 Recreation 21,090.00 C-.olf 1,700.00 Park .__ .. 56,689.00 Parking 14,080.00 Trust and Agency 60,000.00 Federal Revenue Sharing 181,076.00 TOTAL 1161,647.00 This Regnesred Supplemental Appro- priations to tht 1974 Fiscal Year Bud- get. Pasted, adopted and approved this 30th day of June, 1975. C Robert Justmann Mayor Alvin E. Lundh James E. Brady Emil Stackis Allan T. Tboms Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 3rd day of July 1975. Leo F. Frommelt City Clerk It. 7-3 Councilman Stackis moved final adoption of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thoms. Nays—Mayor Justmann. Proof of Publication, certified to by the Publisher, of General Revenue Sharing Planned Use Re- port in the amount of $933,975, en- titlement period July 1, 1975 thru June. 30, 1976, 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. Communication of Planning dr Zoning Commission, by Chairman Richard Friedman, transmitting preliminary draft of comprehen- sive Zoning Ordinance, presented and read. Chairman Friedman pre- sented to the Council their copies of the preliminary draft of Com- prehensive Zoning Ordinance. 314 Special Session, June 30, 1975 Councilman Thoms moved that the communication be received and filed and referred to Staff and Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Petition of Delbert Miller et al, requesting additional street light. ing for Westmore Drive Subdivi- sion, presented and read. Council- man Thoms moved that the peti- tion be received and filed and re- ferred to the City Manager and Electrical Inspector. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Verbal request of Mrs. Elsa Adams requesting permission to address the Council was permitted. Mrs. Adams addressed the Coun- cil in reference to the Noise Ordi- nance, Continuum on Main Street, and Street Lighting in various parts of town. Petition of Peoples Natural Gas requesting permission to excavate on White Street between Seventh and Tenth Streets to repair leak- ing mains, presented and read. Councilman Thoms moved that the petition be received and filed and referred to the City Manager. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Verbal request of Delos Dorwei- ler to address the Council about a weed problem was presented for discussion. Delos Dorweiler ad- dressed the Council requesting a refund of $15.03 for mowing of weeds. Councilman Thoms moved that the request be referred to the City Manager for investigation and report. 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 Notice to Con. tractors of the Receipt of Propos- als for the Replacement of the City Hall Electric Service and Associat. ed Equipment, 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. June 26, 1975 Honorable Mayor and City Councilmen Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M., Thursday, June 26, 1975, for the Replacement of City Hall Electric Service and Associ. ated Equipment. The low acceptable Bid was en- tered by Paulson Electric Compa- ny of Dubuque, Iowa. Their bid was .127% under estimate. I recommend that the contract for the improvement be awarded to the Paulson Electric Company. 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, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. (Awarding Contract) RESOLUTION NO. 245.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the Replacement of City Hall Electric Service and Associat- ed Equipment; pursuant to Reso- lution No. 187-75 and notice to bidders published in a newspaper published in said City on June 5, 1975 and June 12, 1975; and WHEREAS, said sealed propos- als were opened and read on June 26, 1975, and it has been deter- mined that the bid of Paulson Elec- tric Company of Dubuque, Iowa in the amount of $5,900.00 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in Special Session, June 30, 1975 315 the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Paulson Electric Company of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract, and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 30th day of June, 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. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt. of Pro- posals for the Construction of Grandview Ave. & Highway No. 20 Traffic Signals, 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, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. Honorable Mayor June 26, 1975 and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a m. D.S.T., Thursday, June 26, 1975 for the Grandview Avenue and Highway No. 20 Traf- fic Signals Improvement Project. The lowest bid was entered by Moldt Electric Service, Inr. of Du. buque, Iowa. Their bid was $11,819.65 which is 18.19^, under the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Moldt Electric Service, Inc. 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, Coun- cilmen Brady, Lundh, Stackis, Thorns. Nays—None. (Awarding Contract) RESOLUTION NO. 246.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the Grandview Avenue and Highway #20 Traffic Signals pursuant to Resolution No. 190.75 and notice to bidders published in a newspaper published in said City on June 5, 1975 and June 12, 1975; and WHEREAS, said sealed propos- als were opened and read on June 26, 1975, and it has been deter- mined that the bid of Moldt Elec- tric Service, Inc. of Dubuque, Iowa in the amount of $11,819.65 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Moldt Electric Service, Inc., subject to Iowa State Highway Commission concurrence, and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc. cessful bidders. 316 Special Session, June 30, 1975 Passed and adopted this 301h day of June, 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. June 27, 1975 Honorable Mayor and City Council This is to advise you that Phase II—Contract II Treatment Plant Improvements Contract H B has been substantially completed in accordance with plans and specifi- cations prepared by Henningson, Durham and Richardson. Gilbert D. Chavenelle City Manager 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. Final Estimate RESOLUTION NO. 247-75 WHEREAS, the contract for the Phase II --Contract II Treatment Plant Improvements Contract II B has been completed and the City Engineer has submitted his final estimate showing the cost thereof, now therefore, HE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $957,835.77. That $957,835.77 of the cost thereof shall be paid from the. Sanitation Sewage Rental Fund of the City of Dubuque and a Federal - State Grant. Passed, adopted and approved this 30th day of .lune, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Bradv 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. (A Resolution Accepting Improvement) RESOLUTION NO. 248.75 WHEREAS, the contract for the Phase II—Contract II Treatment Plant Improvements Contract II B 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. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Sewage Rental Fund and a Federal - State Grant. Passed, adopted and approved this 30th day of June, 1975. Approved: 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 Special Session, Jwae 30, 19r15 317 by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays—None. Resolution of Preliminary Esti- mate; — Resolution of Necessity: — Resolution Fixing Date of Hear- ing: — Resolution Ordering Con- struction; for Construction of Cooper Place Steps, presented and read for consideration. Councilman Thoms moved that the resolutions be tabled pending Executive Ses- sion. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays --None. RESOLUTION NO. 249.75 Resolution acknowledging debt of gratitude 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 Ap- propriation Bill providing for the sum of $1,753,343, as an ap. propriation to the Sewage Works Construction Fund of the City of Dubuque, Iowa, in its Dubuque Waste Water Treatment Plant Facility. WHEREAS, the City of Dubuque, Iowa, found itself in a critical fi- nancial position in requiring an additional sum of $1,753.343, in order to complete the construction program of the Dubuque Waste Water Treatment Plant; and WHEREAS, the Governor's bud- get message contained a proposed budget item in the amount of $1,753,343, as a state grant to the City of Dubuque, Iowa, to complete its Dubuque Waste Water Treat- ment Plant Facility; and WHEREAS, Robert Carr and Richard J. Norpel, Sr., as Senators and Thomas J. Gilloon, Tom Jo - chum and Tom Tauke, as mem- bers of the House of Representa- tives performed, each in his own right, and collectively his duty, ir- respective of party lines, thereby acting and responding on behalf Of the citizens of Dubuque Coun- ty, Iowa, in the best and highest traditions of representative gov. ernment: and WHEREAS, the City of Dubuque, Iowa, and its inhabitants wish to formally go on record acknowledg- ing the statesmanlike efforts of the above mentioned Senators and State Representatives on behalf of the inhabitants of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council, City of Dubuque, Iowa: Section 1: That the City Coun- cil of the City of Dubuqe, Iowa, does formally and officially go on record in publicly expressing the deep and profound thanks of this governmental body to Robert Carr and Richard J. Norpel, Sr., as State Senators of the State of Iowa, and Thomas J. Gilloon, Tom Jochum and Tom Tauke, as State Representatives of the State of Iowa, for their loyal, diligent and conscientious efforts on behalf of the City of Dubuque, Iowa, and its inhabitants in realizing the ap- propriation by the State of Iowa, the sum of $1,753,343, for the com- pletion of the Dubuque Waste Wa- ter Treatment Plant, and that the City Council for and on behalf of the inhabitants of this community, goes on record expressing its of- ficial thanks and gratitude to said respective members of the State Senate and the State House of Representatives, and officially commends each, and all of them, for their splendid and valued ef- forts on behalf of this community which have been fruitful and pro- ductive. Section 2: That the City Clerk be and he is hereby ordered and directed to transmit forthwith a certified copy of this Resolution to each of the aforementioned members of the State Senate and members of the State House of Representatives. Passed, approved and adopted this 30th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk 318 Special Session, June 30, 1975 Mayor Justmann 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. June 27, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered the petition of Dubuque Lumber Company requesting va- cation of property described as Lot 1 of Lot lA in the Town of Eagle Point in the City of Dubuque, Iowa. The Commission has no opposi- tion to the vacation and sale of this property. 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. RESOLUTION NO. 250-75 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. William J. Baum, 2995 Central Avenue Marian Bridge, 139 Locust Street Robert Broughton, 205 Locust Street Earl G. Corbett, 408 West Locust Street DBQ, Inc., 4th and Locust Streets Dudolph W. Dittmar, 1646 Asbury Road Delores Elliott, 2093 Washington Street Mary K. Ford, 1027 Rhomberg Ave- nue Merlin F. Heiar, 1900 Washington Street LaVern Hennen,3300 Asbury Road Dorothy Hentges, 2412 Central Avenue Holiday Oil Distributors, Inc., if Kennedy Road Holiday Oil Distributors, Inc., 980 Dodge Street Holiday Oil Distributors, Inc., 14th and Central Avenue Holiday Oil Distributors, Inc., 605 Dodge Street Holiday Oil Distributors, Inc., 400 Rhomberg Avenue Cyril N. Meitl, 1555 Central Ave- nue Russell E. Myers, 1618 Central Avenue Richard O'Hara, 70 South Locust Street Coletta A. Oyen, 1103 Iowa Street R & S. Enterprises, Inc., 485 Cen- tral Avenue Roger W. Rommel, 2260 John F. Kennedy Road Sally Jo Roy, 400 Central Avenue Emma Scherer, 1175 Iowa Street Richard Schurbon, 1091 Main Street Lowrie Smith, 521 East 22nd Street David Schmitz, 504 Bluff Street Richard N. Stecklein, M. B. Me. Sperrin, 450 West Locust, Street Kathleen Wedig, 1399 Jackson Street Donald E. Wertz, 1545 S. Grand- view Avenue Chuck N. Wong, 378 Main Street American Legion, Dubuque Post #6, 1306 Delhi Street Ring's Fine Food Restaurant, Inc., 1185 Dodge Street Apartment 5-A, Kennedy Mall Ivan Cosic, 342 Main Street Carousel Snack Bar, 555 John F. Kennedy Road Clarke College, 1550 Clarke Drive Donut Hut Ltd., 1555 John F. Kennedy Road Dubuque County Nursing Home, 2375 Roosevelt Dubuque Marina, Inc., New City Harbor Fraternal Order of Eagles, 1175 Century Drive. Thomas Ehlinger, 2417 Rhomberg Avenue Eska Co., Inc., 2400 Kerper Blvd. Marco Giurta, 2022 Central Ave- nue Anthony Habeger and Gary G. Stewart, 9th and Central Bert Hillary, 1413 Rockdale Road Holiday Inn Motel, 1111 Dodge Street The K -Mart, 2600 Dodge Street KWIK Foods Texaco Station, 1075 Dodge Street Special Session, June 30, 1975 319 Robert E. Klauer, 3rd and Locust Streets Loras College, 1450 Alta Vista Mississippi Valley Truck Center, 380 East 4th Street Joyce L. Moeller, 1604 Central Avenue John P. O'Hara (Happy Joe's Pizza & Ice Cream Parlor), 855 Cen- tury Drive Joseph Paradiso, 3050 Asbury Street Richard J. Ring, 115 West 11th Street Roshek's Dept. Store, Kennedy Mall Donald Sand, 2364 Washington Street Rita Schueller, Town Clock Plaza Sears Roebuck & Co., 300 South Locust Street Francis J. Shanahan, 2501 Rhom- berg Avenue Sirloin Stockade Restaurant, 1895 John F. Kennedy Road George Sorensen, 1105 University Avenue Trausch Baking Co., 25 Main Street University of Dubuque, 2050 Uni- versity Avenue University Shell Service, 1081 Uni- versity Avenue Woolworth's, Kennedy Mall Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms James E. Brady 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. 251-75 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 Ralph J. Cremer, 731 Rhomberg Avenue Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms James E. Brady 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. 252.75 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 Ralph J. Cremer, 731 Rhomberg Avenue Passed, adopted and approved this 30th day of June 1975. C, Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded 320 Special Session, June 30, 1975 by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen, Brady, Lundh., Stackis, Thoms. Nays—None. RESOLUTION NO. 253.75 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 Kenneth Jerome Love, 802 Central Avenue Cyril N. Meitl, 1555 Central Ave- nue Russell E. Myers, 1613 Central Avenue (also Sunday Sales) Michael F. Pusateri, 2560 Dodge Street Patricia Revelle, 2776 Jackson Street Helen Weiner, 709 University Ave- nue Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms James E. Brady 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. 254.75 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• 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 Kenneth Jerome Love, 802 Cen. tral Avenue Cyril N. Meitl, 1555 Central Ave. nue Russell E. Myers, 1618 Central Avenue (also Sunday Sales) Michael F. Pusateri, 2560 Dodge Street Patricia Revelle, 2776 iackson Street Helen Weiner, 709 University Ave- nue Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms James E. Brady 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. At 11:00 P.M. Mayor Justmann moved to go into Executive Ses- sion to discuss Personalities, Real Estate and possible acquisition of Medical Associates. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays—None. Council RECONVENED in Regu. lar Session at 11:46 P.M. Mayor Justmann let it be known that Medical Associates agreed to a proposal;--counc:ii must refine; —Wish to keep proposal secret for the present in interest of Med- ical Associates. Special Session, June 30, 1975 321 Mayor Justmann made the fol- lowing appointments: Janet .Tones and Carl Davis reappointed to the Advisory Commission for 3 year term expiring July 1, 1978: Don Deich, Terry O'Neil and Robert Dehl, new appointments to Advis- ory Commission: Norman McMullin to Library Board for 6 ,year term expiring July 1, 1981: Robert P. Bisanz, reappointed to Playground & Recreation Commission for 3 year term expiring July 5, 1978; Dorothy Blum and Peggy Veteto, new appointments to Youth Serv- ices Board of Directors: and James Schwers appointed to the Board of Appeal - Building Code for un- expired 2 year term expiring De- cember 31, 1976. Councilman Lundh moved ratification of the appointments. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen, 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, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays—None. Leo F. Frommelt City Clerk Approved September 8, 1975 Adopted September 8, 1975 Regular Session, July 7, 1975 323 CITY COUNCIL OFFICIAL Regular Session, July 7, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Councilmen Brady, Lundh, Stackis, Thoms. City Man- ager Gilbert D. Chavenelle. Absent—Mayor Justmann. Due to the absence of Mayor Justmann, Councilman Stackis moved that Councilman Lundh be appointed Mayor Pro -Tem for this meeting. Seconded by Councilman Brady. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Mayor Pro -Tem Lundh read the call and stated that service there- of had been duly made and this Meeting is THE REGULAR MONTHLY MEETING of the Coun- cil called for the purpose of act- ing upon such business as may properly come before the meeting. July 1, 1975 Honorable Mayor and City Council I am returning the petition of John M. Ward for additional street lighting along newly developed sections of Westmore Drive. The area has been investigated by the electrical inspector and it is recommended that two 175 watt mercury vapor fixtures on wood Poles be installed at the following locations. 1. On easement at north side of turn -around on Westmore. 2. On easement between 3085 and 3095 Westmore. Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and request be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—Node. Absent—Mayor Justmann. I. Honorable Mayor June 30, 1975 and City Council On Friday afternoon, ,Tune 20, Mr. Louis Pfohl of the Fischer Companies phoned and made an offer that if Tower Street, be- tween East Sixth and Wall Street, were vacated and sold to Fischer Companies, then he would be agreeable that a wharfage fee would be paid as a condition of a 20 year lease with his tenant. The wharfage payment, however, would not be a condition which would run with the title of the land. On June 30, I called on Mr. Joseph Pickett of the Pickett Brewery, who had previously en- tered his objection to the vaca- tion of Tower Street. He reiterated his objection and stated that if Tower Street were to be closed, his property would be denied ac- cess to East Sixth Street Exten- sion. I pointed out that he would have access via Wall and Bell Streets. However, this was to no avail and he insisted with his ob- jection to the closing of Tower Street. There has been included in pre- vious discussions the vacation and disposal to the Fischer Companies of a 20 foot alley running between Bell and Tower Streets. This pro- position has been tied to the va- cation of Tower Street. I have stated the above so that you would be aware of the offer and the information that has come to me. I would request that you discuss the situation with me. 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 Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Councilman Thoms moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. 324 Regular Session, July 7, 1975 Joseph Pickett addressed the Council objecting to the vacating and disposal of Tower Street but having no objections to the vaca- tion and disposal of the 20 foot alley between Bell and Tower Streets. July 3. 1975 Honorable Mayor and Members of the City Council I have approved the General Liability policy of Ken Schromen, dated and effective from July 1, 1975 to July 1, 1976. Policy No. GA 778719 and desire to have your approval of same. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Communication of Rev. Wm. G. Most in considering a poor qual- ity rebate, suggesting a further re- bate from the Cable TV because of the recent event on showing clips of a nude dancer, presented and head. Councilman Thoms moved that the communication be received and filed and referred to the Cable Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Communication of D. Fink ob- jecting to the treatment received when registering a complaint with the TV Company, presented and read. Councilman Thoms moved that the communication be re- ceived and filed and referred to the Cable Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Communication of B. J. Carpen- der objecting to the fact that he is unable to get Chicago Stations on his television, presented and read. Councilman Thoms moved that the communication be received and filed and referred to the Cable Commission. Seconded by Council. man Stackis. Carried by the follow. ing vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms, Nays—None. Absent—Mayor Justmann. Mr. William Mason of the Cable Company, addressed the Council explaining the poor picture qual. ity at this time, on Channels 5 & 8, is due mainly to microwave inter. ference caused by ground fog, hu. midity and general weather atmos. phere. His crews are now realign. ing or replacing disks on towers, The suggestion to bring the signals in on telephone lines is impossible. Councilman Brady moved that Mr. Mason be requested to furnish Council, via Cable Commission, records of their correspondence relative to their difficulties with the Chicago stations. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Communication of City Manager submitting a report of the Reha- bilitation Program proposed to be implemented under the Commun- ity Development Block Grant Pro- gram, presented and read. Coun- cilman Stackis moved that the communication and report be ta- bled to the Council meeting of next week. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Communication of Regina Coop- er Gilmore expressing desire to donate property in Cooper Heights Addn., N% of Lot 39, Lot 40, and Lot 41 to the City to make an easier approach in replacing the W. 5th Street Steps, hoping that the City would name the area Cooper Park, presented and read. Mr. Gruber spoke to the Coun- cil relative to the communication. Councilman Thoms moved that the communication of Regina COO, per Gilmore be received and filed; City Manager be directed to ex- press appreciation of this offer to donor; and refer the communica- tion to the City Solicitor and City Regular Session, July 7, 1975 325 Engineer for investigation and re- port. Seconded by Councilman Bra- dy. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Communication of Dock Commis- sion submitting minutes of their meeting of May 14, 1975, presented and read. Councilman Thoms moved that the minutes be re- ceived and filed. Seconded by Ma- yor Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. June 24, 1975 Honorable Mayor and City Council On May 20, 1975, Frances M. Haupert, 3416 Foothill Road, Du- buque, filed claim against the City claiming damages in the amount of $50.00 to replace eye glasses broken on May 15, 1975, as the result of a fall on an alleged de- fect in the sidewalk in front of 285 N. Grandview. This matter was referred to the City Attorney who has made an investigation of same and has con- ferred with claimant, and based on said investigation, it is the rec- ommendation of the City Attor- ney's office that the claim of Frances M. Haupert be paid and that the City Auditor be instructed to draw warrant payable to Fran- ces M. Haupert in the amount of $50.00 and transmit same to the undersigned 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 recommendation be approved and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Notice of Claim of Merle W. Puhrman et ux, in an undeter- mined amount, alleging the City is wrongfully diverting surface wa- ters on to their property at 2769 1. University Avenue, since May 1, 1974, presented and read. Coun- cilman Thoms moved that the no. tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. July 2, 1975 Honorable Mayor and City Council I return to you the petition re- questing the replacement of . two hour parking meters by one hour meters on First Street between Locust and Main. It is recommended that one hour meters be installed. I attach for your consideration a copy of the amending ordinance, the petition and a letter of expla- nation from Chief O'Brien. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. 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 Subsection 6.1.12 to Section 6.1 of Parking Meter District A to limit parking to 60 minutes at any one time on First Street, both sides between Main Street and Locust Street, Presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. 328 Regular Session, July 7, 1975 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 Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. ORDINANCE NO. 28.75 AN ORDINANCE AMENDING OR- DINANCE NO. 37-61 KNOWN AS THE "STREET PARKING METER ORDINANCE OF DUBUQUE, IOWA, BY REPEALING SUBSECTION 6.2.6 OF SECTION 6.2 OF PARKING ME- TER DISTRICT B THEREOF RE- MOVING BOTH SIDES OF FIRST STREET BETWEEN MAIN AND LO- CUST STREETS FROM SAID PARK- ING METER DISTRICT AND EN- ACTING A NEW SUBSECTION 6.1.12 TO SECTION 6.1 OF PARK- ING METER DISTRICT A TO LIMIT PARKING TO 60 MINUTES AT ANY ONE TIME ON FIRST STREET, BOTH SIDES BETWEEN MAIN STREET AND LOCUST STREET. NOW THEREFORE BE IT OR- DAINED 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 repeal- ing subsection 6.2.6 of Section 6.2 of Parking Meter District B and the same be and is hereby repealed and of no further force or effect. SECTION 2: That Ordinance No. 37- 61 known as "The Street Parking Meter Ordinance of Dubuque, Iowa" be and the same is hereby amended by enacting a new Subsection 6.1.12 of Section 6.1 Parking District A as follows: "6.1 Parking Meter District A 6.1.12 First Street, both sides between Main Street and Locust Street. Passed, approved and adopted this 7th day of July, 1971. Alvin E. Lundh Mayor Pro Tem Emil Stackis James E. Brady Allan T. Thome Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this loth day of July, 1971. Leo F. Frommelt City Clerk It. 7-l0. Councilman Thoms moved final adoption of the Ordinance. See- onded by Councilman Brady. Car. ried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Petition of Frank Licciardi re- questing to address the Council for the 11th Street Neighborhood Assn., on the Community Develop- ment Program, was presented for discussion. Frank Licciardi ad. dressed the Council making in. quiries of How and When the Block Grant Funds were to be spent, was referred to the next meeting without motion. Petition of Mary Zimmerman, 2455 Rockdale Road, requesting annexation of her property to the City, as their present water sup. ply has failed, presented and read. Councilman Thoms moved that the petition be received and filed and referred to the Planning & Zoning Commission for their consideration and report no later than July 14th, 1975; also to City Solicitor for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Petition of Beverly A. Glynn re- questing a refund of $422.50, on unexpired portion of Beer -Liquor License No. C4756, discontinued business on April 26, 1975, present- ed and read. Councilman Thoms moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Ma- yor Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Stackis, Thoms. Nays—Councilman Brady. Absent—Mayor Justmann. Petition of J & RC Inc., request- ing a refund of $211.25, on unex- pired portion of Beer -Liquor Li- cense No. C•6671, discontinued bus- iness on June 7, 1975, presented and read. Councilman Thoms moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Ma- yor Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Stackis, Thoms. Nays—Councilman Brady. Absent—Mayor Justmann. Regular Session, July 7, 1975 327 Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces. sity for public improvements and hearing upon proposed plans, specs., form of contract and cost of improvements for the construc- tion of University Avenue Pedes- trian Crosswalk, presented and read. Councilman Thoms moved that the proof of publication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. (Necessity For Improvement) RESOLUTION NO. 223-75 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the University Avenue Pedestrian Crosswalk. 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 properly 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 objec- tions 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 Placed on file with the City Clerk this 16th day of June, 1975. 1. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 7th day of July, 1975. Alvin E. Lundh Mayor Pro -Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved final adoption of the resolution. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 255.75 WHEREAS, proposed plans and specifications and form of con- tract for the construction of Uni- versity Avenue Pedestrian Cross- walk have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1975, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 7th day of July, 1975; and WHEREAS, the City Council met in regular session this 7th day of July, 1975, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering 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 1T RESOLVED by the City Council of the City of Dubuque, 328 Regular Session, July 7, 1975 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 7th day of July, 1975. Alvin E. Lundh Mayor Pro -Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Fromme:t City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. (Ordering Construction) RESOLUTION NO. 25675 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolu- tion of Necessity No. 223-75 which was duly passed by this Council for the improvement of University Avenue Pedestrian Crosswalk. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 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 Fund. 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. Passed, adopted and approved this 7th day of July, 1975, Alvin E. Lundh Mayor Pro -Tem 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 Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Proof of Publication, certified to by the Publisher, of Notice of Levy of Special Assessment and Intention of the Council to issue Bonds to pay for cost of City of Dubuque 1974 Asphalt Paving Project No. 1, 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 Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail to prop- erty owners of record, subject to assessment to pay for cost of con- structing 1974 Asphalt Paving Project No. 1, on June 11, 1975, presented and read. Councilman Thoms moved that the statement be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Statement of William Schlick- man certifying that notices of levy were posted in the assessable area of 1974 Asphalt Paving Project No. 1, on June 18, 1975, presented and read. Councilman Thoms moved that the statement be received and filed. Seconded by Council- Regular Session, July 7, 1975 329 man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thorns. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 257.75 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for construction of City of Dubuque 1974 Asphalt Paving Project No. 1 by Mulgrew Black- top Inc., contractor in front of and adjoining the same, a special tax be rand is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oppo- site each lot or parcel of real es- tate, as set forth in the following schedule: CITY OF DUBUQUE 1974 ASPHALT PAVING PROJECT NO. 1 Construction Cost — Assessable Share $17,345.57; City Share, $156,766.66; Project Total $174,- 112.23. Engineering Expense — Assessable Share $1,734.55; City Share, $27,036.98; Project Total $28,- 771.53. 5% Interest/52 days—Assessable Share $125.28: City Share 40-; Project Total $125.28. TOTAL COST—Assessable Share $19,205.40; City Share $183.- 803.64; Project Total $203,009.04. For Blackhawk Dr.—from the S. P.L. of Fox Drive to the south end of the street. Robert D. & Velda G. Alt, Lot 8, Glenview Sub. ...$452.92 Gerald J. & Doris J. Wallace, Lot 9, Glenview Sub. .. 380.72 Gerald H. & Sue A. Bastian, Lot 10, Glenview Sub. ... 379.45 Wm. F. & Patricia H. Hei- denreich, Lot 11, Glen- view Sub . .............. 91.68 Wm. J .& Jeanette M. Lynn, Lot 12, Glenview Sub. ... 539.15 Raymond C. & Martha C. De- veaux, Lot 13, Glenview Sub. ....... 184.47 David Walsh, I.ot 14, Glen- view Sub . .............494.91 C. W. & Helen I. Edmonds, Lot 15, Glenview Sub. .. 543.09 Robert E. Klauer, Lot 17, Glenview Sub. .......... 271.57 1, Warren W. & Dorothy K. Kipp, Lot 18, Glenview Sub. .. 271.57 Joseph S. & Margt. M. Smith, Smith, Lot 19, Glenview Sub. ............271.57 Michael James & Kathryn Mary Coyle, Lot 20, Glen- view Sub . ............. 283.74 James C. & Betty L. Dunn, Lot 21, Glenview Sub. .. 283.83 City of Dubuque, Lot 22, Glenview Sub. ......... 41.00 Ivyl M. Adams, Lot 1-1.1-1 Shiptons Addition ......993.88 1 no. of Manhole Raise or 5,483.55 Lower n, $60.00 ...... $ 60.00 165 tons Asphaltic Cone. Surf. Course @ $14.00 2,310.00 102.30 sq. yd. Cone. Re- move & Replace w/10" Concrete @ $22.75 ... 2,327.33 62 gal. Tack Coat RC 70 @ $0.60 ............. 37.20 5 tons Asphalt Hand Patch @' $40.00 ............... 200.00 Mudjacking *2.5 hrs. Pumper 07$30.00 75.00 "1.5 hrs. Air Compressor C4) $18.00 ............ 27.00 "5 cu. yd. Concrete Grout Mix @' $32.00 ........ 160.00 10 cu. yd. Excavation @ $1.80 ................ 18.00 Total Construction Cost $5,214.53 "City Share ............ 262.00 Assessable ............. 4,952.53 10% Engineering ....... 495.25 5% Interest 52 days ..... 35.77 Total Assessable .......$5,483.55 All of which is assessed in pro- portion to the special benefits con- ferred. For Fox Dr.—from the E.P.L. of Rockdale Rd. to the east end of the street Robert E. & Helen T. Molo, Lot 1.1.1, Arduser Place. 253.59 Nels E. & Ruthann M. Turn. quist, Lot 2-1, Arduser Place .................. 12.14 Lewis E. & Lorraine A. Mc- Keown, Lot 1, Glenview Sub. .. 450.10 Thomas A. & Marjorie Tully, Lot 2, Glenview Sub. ... 427.43 Anne R. Mosle, Lot 3, Glen- view Sub. .. .....429.99 Nels E. & Edna Mae Turn- quist, Lot 4, Glenview Sub. 488.70 330 Regular Session, July 7, 1975 Donald D. & Helen V. Der- by, Lot 5, Glenview Sub.. 644.45 Kathri Gehrig, Lot 6, Glen. view Sub . .............545.75 Wilbur R. & Janice M. Finch, Lot 1-7, Glenview Sub. .. 569.45 William F. & Patricia H. Heidenreich, Lot 2-7, Glen- view Sub . .............. 184.03 Gerald H. & Sue A. Bastian, Lot 10, Glenview Sub. .. 34.25 Wm. F. & Patricia H. Hei- denreich, Lot 11, Glen- view Sub . ............. 541.85 Wm. J. & Jeanette M. Lynn, Lot 12, Glenview Sub. .. 86.62 Raymond C. & Martha C. Deveaux, Lot 13, Glenview Sub . ................... 537.53 David Walsh, Lot 14, Glen- view Sub . .............395.05 C. W. & Helen I. Edmonds, Lot 15, Glenview Sub. .. 365.64 Gary A. & Ellen J. Gukei- sen, Lot 16, Glenview Sub. 382.1.1 Robert E. Klauer, Lot 17, Glenview Sub. ......... 68.08 Warren W. & Dorothy K. Kipp, Lot 18, Glenview Sub . ................... 37.36 6,454.12 *49.65 tons %" Stabilized Rolled stone base Cir $3.55 ................$ 176.26 1.60 tons Asphaltic Surface Course @,, $14.00 ..... 2,240.00 140.80 sq. yd. Cone. Re- move & Replace w/10" Cone. ri, $22.75 ....... 3,203.20 63 gal. Tack Coat RC 70 @) $0.60 ............. 37.80 8.5 tons Asphalt Hand Patch Ou $40. 00...... 340.00 3 cu. yd. Excavation (i- $1.80 ................ 5.40 Total Construction Cost .. $6,002.66 *City Share ............ 176.26 Assessable ............. 5,826.40 10% Engineering ....... 582.64 5%, Interest -52 days ... 42.08 $6,451.12 All of which is assessed in pro- portion to the special benefits conferred. For Woodworth St. — from the N.P.L. of Clarke Dr. to the S.P.L. of Lowell Street David S. & Lorna V. Kirk, Lot 1-28, Littleton & Saw- yer's Add . ............. 7.71 Julius P. & Margt.. Jungk, Lot 2-28, Littleton & Saw. yer's Add. . 14.32 Julius P. & Margt. Jungk, Lot 27, Littleton & Saw. yer's Add. 49.48 Julius P. & Margt. Jungk, Lot 2-26, Littleton & Saw. yer's Add. 18.13 . Whitney & Edna Leighty, Lot 1-26, Littleton & Saw. yer's Add.. 43.32 Whitney & Edna Leighty, Lot 25, Littleton & Saw- yer's Add . ............. 95.45 Curtis J. & Yvonne I. Leir. moe, Lot 24, Littleton & Sawyer's Add. .........170.77 Theodore R. & Agnes L. Erickson, Lot S. 125'-19, Littleton & Sawyer's Add.587.36 Walter L. & Dorothy L. Les- ter, Lot S. 125'-18, Little- ton & Sawyer's Add. .. 246.91 Walter L. & Dorothy L. Les- ter, Lot S. 125'-17, Little- ton & Sawyer's Add. ... 152.35 Frank W. & Ruth H. Elliott, Lot N. 42'-N. 126'6", 17, 18 & 19, Littleton & Saw- yer's Add . .............. 331.49 James M. & Vicki A. How- ard, Lot M. 42'-N. 126'6", 17, 18 & 19, Littleton & Sawyer's Add. .........331.49 Herbert Joseph & Adeline E. McAndrews, Lot S. 42'- N. 126'6", 17, 18 & 19, Littleton & Sawyer's Add. 331.49 "Walter L. & Dorothy L. Les- ter, Lot 16, Littleton & Sawyer's Add. .........145.47 Neil Lutes, Lot W. %-15, Lit- tleton & Sawyer's Add... 55.43 Neil Lutes, Lot E. 1/2-15, Lit- tleton & Sawyer's Add... 40.67 Neil Lutes, Lot W. %-14, Lit- tleton & Sawyer's Add... 33.26 Neil T. & Alma Lutes, Lot E. 1/a-14, Littleton & Saw- yer's Add . ............. 28.6' Neil T. & Alma Lutes, Lot 13, Littleton & Sawyer's Add . ................... 50.00 Neil T. & Alma Lutes, Lot 12, Littleton & Sawyer's Add . ................... 22.25 Allie C. Schult, Lot 1, Buse. man & Eberl's Sub. .. 155.14 Carl J. & Erminie E. Groth, Lot 2, Buseman & Eberl's Sub . ...................246.91 Cletus J. & Anne Haupert, Lot 3, Buseman & Eberl's Sub . ...................587.36 Regular Session, July 7, 1975 331 Ralph H. & Esther M. Fel- derman, Lot 4, Buseman 1,806.00 & Eberl's Sub. ......... 329.95 Ralph H. & Esther M. Fel- derman, Lot 2-5, Buseman 3,325.14 & Eberl's Sub. ......... 63.14 Bruce L. & Constance L. 45.00 Kerkenbush, Lot 1-5, Buse - man & Eberl's Sub. .. 268.35 Bruce L. & Constance L. Kerkenbush, Lot 6, Buse - man & Eberl's Sub. .... 331.49 Donald J. & Deborah S. Sullivan. Lot 5, Buseman 75.00 Sub. #1 ............... 54.92 Richard J. & Barbara Dol. 27.00 ter, Lot S. 100'-6, 7 & 8, Buseman Sub. #1 ......830.08 160.00 Dennis D. & Suzanne J. Ohnesorge, Lot N. 40'-6, 18.00 7 & 8, Buseman Sub. #1.. 332.00 Frank Eugene & Dorothy L. Miller, Lot 1.9, Buseman 7.00 Sub. #1 ................281.93 Robert C. & Carol S. Lehn- 16.20 hardt, Lot 2-9, Buseman Sub. #1 ...............375.91 100.00 Frank Eugene & Dorothy L. Miller, Lot. 1-10, Buseman Sub. #1 ...............118.49 Robert C. & Carol S. Lehn- hardt, Lot 2.10, Buseman Sub. #1 ............... 118.49 Robert J. & Joyce A. Thil- many, Lot 11, Buseman Sub. #1 ............... 170.63 Robert J. & Joyce A. Thil- many, Lot 12, Buseman Sub. #1 ............... 95.59 Harvey & Mary Avery, Lot 13, Buseman Sub. #1 ... 53.45 Harvey & Mary Avery, Lot 14, Buseman Sub. #1 ... 34.43 Irvin W. & Eileen M. Kra- mer, Lot 15, Buseman Sub. #1 ............... 26.43 Irvin W. & Eileen M. Kra- mer, Lot 1-16, Buseman Sub. #1 ............... 13.66 7,244.33 *Deficiencies paid by City of Dubuque Walter L. & Dorothy L. Lester, Lot 16, Little- ton & Sawyer's Add. .. 26.40 7,270.73 2 no, of Manholes Raise or Lower (nl $60.00 ...... $ 120.00 *68.4 lin. ft. Rock Curb Or Curb & Gutter Remove & Replace (q $8.00 ..... 547.20 129 tons Asphaltic Cone. Surf. Course ( $14.00 1,806.00 146.6 sq. yds. Cone. Re- move & Replace w/10" Concrete ((c $22.75 .... 3,325.14 75 gal. Tack Coat, RC -70 t $0.60 ............. 45.00 11 ton Asphalt Hand Patch C $40.00 . 440.00 47.5 ton Asphalt Machine laid Leveling or Wedg- ing (n' $15.00 ......... 712.50 2.5 hrs. Mudjacking: Pumper (1 $30.00 .... 75.00 *1.5 hrs. Air Compressor @ $18.00 ............ 27.00 *5 cu. yd. Concrete Grout Mix C; $32.00 ........ 160.00 10 cu. yds. Excavation ((i` $1.80 ................ 18.00 *3.5 sq. yd. Sidewalk & 6" Drive Slab Removal (n) $2.00 ................ 7.00 18 sq. ft. 4" Concrete Sidewalk a $0.90 .... 16.20 1 no. of Manholes, Ring & Cover n) $100.00 ..... 100.00 Total Construction Costs.$7,399.04 *City Share ............ 832.40 Assessable ............. 6,566.64 10% Engineering ....... 656.66 5% Interest 52 days .... 47.43 $7,270.73 All of which is assessed in pro- portion to the spacial benefits conferred. Passed, adopted and approved this 7th day of July, 1975. Alvin E. Lundh Mayor Pro -Tem 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: Yens - Mayor Pro -Tern Lundh, Councilmen Brady, Stackis, Thorns. Nays -None. Absent -Mayor Justmann. Proof of Publication, certified to by the Publisher, of Notice of Proposal to authorize the issuance of $19,205.40 Street Improvement Bonds for the construction of 1974 Asphalt Paving Project No. 1, pre- sented and read. Councilman 332 Regular Session, July 7, 1975 Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 258.75 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 Du- buque 1974 Asphalt Paving Prol- act No. 1. WHEREAS the contract hereto- fore entered into by the City of Dubuque, Iowa, for the improve- ments hereinafter described has been completed and the City Man- ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has deter- mined that $19,205.40 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor and; WHEREAS public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of 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 of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1974 Asphalt Paving Project No. 1 there shall be is- sued street improvement bonds in the amount of $19,000.00 Dol- lars in anticipation of the de- ferred payment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of October 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 Bond Denom, Maturity No. No. 1 — 1.2, $1;000.00, Dec. 1, 1976 2 — 3-4, $1,000.00, Dec. 1, 1977 3 — 5-6, $1;000.00, Dec. 1, 1978 4 — 7.8, $1,000.00, Dec. 1, 1979 5 — 9.10, $1,000.00, Dec. 1, 1980 6 — 11.12, $1,000.00, Dec. 1, 1981 7 — 13-14, $1,000.00, Dec. 1, 1982 8 — 15-16, $1,000.00, Dec. 1, 1983 9 — 17.18, $1,000.00, Dec. 1, 1984 10 — 19, $1,000.00, Dec. 1, 1985 3. Said bonds shall bear interest at the rate of six per cent per an. num, payable annually in accord. ance with coupons thereto at. tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said speeial 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. ........................... 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 thou- sand dollars with interest there- on 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 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 Du- buque under and by virtue of Chapter 384 of the 1975 Code of Iowa, as amended, and the Reso. lution of said City duly passed on the 7th day of July, 1975, being Resolution No. 258-75. This Bond is one of a series of 19 bonds, all for $1,000.00 num- bered from 1 through 19, 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 1974 Asphalt Paving Proj- ect No. 1 as describedin said Res- olution, in said City, which cost Regular Session, July 7, 1975 333 is payable by the abutting and adjacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1304 created by the collection of said special tax, and said fund can be used for no other purpose. it is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 7th day of July, 1975. (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 ... I..... Dollars, in the office of the City Treasurer in the City of Dubuque, being ...... months' in- terest due that date on its ...... Bond No. ...... dated ........... Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be Placed in a special fund to be 1. known as Special Assessment Fund 1304 and paid out by him to pay the cost of said contract. 8. That the interest coupons at. tached to the bonds be signed with the facsimile signature of the Ma. yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and re- tired in the same order as num. bered, 10. Passed, adopted and ap. Proved this 7th day of July, 1975. Alvin E. Lundh Mayor Fro -Tem Emil Stackis James E. Brady Allan T. Thoms Councilman 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 Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 2S9.7S Resolution Approving Plat of Subdivision of Lot 1A in Town of Eagle Point in the City of Du- buque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot IA in the Town of Eagle Point in the City of Dubuque, Iowa is platted as Lot I of Lot IA and Lot 2 of Lot IA in the Town of Eagle Point in the City of Du- buque, 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. That the above de- scribed plat be and the same is 334 Regular Session, July 7, 1975 hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en. dorse the approval of the City upon said plat. Passed, adopted and approved this 7th day of July A.D., 1975. Alvin E. Lundh Mayor Pro Tem 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 Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 260.75 WHEREAS, Dubuque Lumber Company has heretofore petitioned the City Council for the purchase of: Lot 1 of Lot lA in Town of Eagle Point in the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has approved the disposal of said interest of the City of Dubuque in said lot and should be approved upon the terms and conditions hereinafter set forth. NOW THEREFORE 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, to Dubuque Lumber Com- pany of the following described real estate: Lot 1 of Lot 1A in Town of Eagle Point in the City of Du- buque, Iowa, For the sum of one dollar ($1.00) and the other good and valuable consideration, be and the same is hereby approved on the following terms and conditions, to -wit: 1. That the Dubuque Lumber Company shall grant to the City of Dubuque, Iowa, a twenty (20) foot wide easement in, over and across a portion of Lot 2 of Lot 337, part of 337A, part of Lot 337C, and part of Lot 1 of Lot 1 of Lot 368, in Ham's Addition, Dubuque, Iowa, and said easement shall be a construction easement twenty (20) feet in width and shall exist for the duration of the construe. tion work performed on the new Water Treatment Plant, said ease. ment is shown on the attached plat marked Exhibit "A". 2. City of Dubuque, Iowa, shall grant an easement to Dubuque Lumber Company in, over and across the easterly 43 feet of Lot 336, Ham's Addition, Dubuque, Iowa, said easement being twenty (20) feet in width and shall be for purposes of ingress and egress by Dubuque Lumber Company as ac. cess to its building by means of motor vehicles, said easement is shown on the attached plat marked Exhibit "A". 3. That the City of Dubuque, Iowa, grant to Dubuque Lumber Company a revocable permit for the limited purpose of storing lumber and lumber supplies on the westerly one-half of Lot 25 in Me. Craney's Eagle Point Addition and that portion of Kimball Street from the eastproperty line of Rhomberg Avenue to the westerly most track of the Chicago, Milwau- kee, St. Paul and Pacific Railroad Company, and said revocable per- mit shall be for the storage of lum- ber and lumber supplies and shall exist contemporaneously with the construction easement heretofore specified to be granted to the City of Dubuque, Iowa, by Du- buque Lumber Company. 4. That the conveyance by the City of Dubuque, Iowa, shall be by Quit Claim Deed, no Abstract of Title be furnished and that the purchaser pay all costs of platting and costs of publication. Section 2: That the City Clerk be and he is hereby ordered and directed to cause notice of intent to dispose of interest in real es- tate as hereinabove described in accordance with law and such pub- lication shall be made in the Tele- graph -Herald, Dubuque, Iowa. Passed, approved and adopted this 7th day of July, 1975. Alvin E. Lundh Mayor Pro Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, July 7, 1975 335 Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. July 2, 1975 Honorable Mayor and City Council Attached is a matching resolu- tion stipulating that the City of Dubuque will provide City funds in the amount of $23.30 for the purpose of police training. The total cost of the training program will be $364.00 and the State will be contributing $327.60. The seminar (Criminal Interroga- tion) will be held in Minneapolis on July 22-23. Our plans are to send two of our officers to this seminar. You are requested to authorize the Mayor to sign this matching resolution in order that our Police Department can participate in this program. Francis A. Murray Assistant City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann, Matching Resolution RESOLUTION NO. 261.75 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed heretofore, has resolved that it will provide during the approved Project period cash funds for the following Iowa Crime Commission project. Title of Project: Police Training (Out -of -State) "Interrogation Semi- nar"; Amount of Funds Being Pro- vided $23.30. We further resolve that we will provide in-kind match during the approved project period for the following projects: Title of Project 0; Type of In- kind—(Salary, Space, etc.) 0; Valu- ation of In-kind Provided 0. Passed this 7th day 1975. of July, Signature: Alvin E. Lundh Mayor Pro -Tem 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 Brady. Carried by the following vote: Yeas —Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. June 25, 1975 Honorable Mayor and City Council Attached is an application for a grant from the Iowa Department of Public Safety to continue our participation in its Mini -ASAP (Al- cohol Safety Action Program) for the period July 1, 1975 through September 30. 1976. Under this grant the State will provide $35,686 for the payment of over- time to police officers, vehicular expenses and purchase of equip- ment. The City will not be re- quired to provide any in-kind match. The City has been participating in this program since the Fall of 1974. In the period July 1, 1974 - June 30, 1975 the State provided $28,76528 to the City for the ex- penses incurred by the City- in the implementation of the program. The objective of the program is to reduce the number of alco. hol related vehicular accidents. The effectiveness of the program, as indicated in the grant applica- tion, has been favorable in its first year of adoption and the goal is to improve its effective- ness in the second year. The Du- buque Police Department's func- tion is in the area of detection, apprehension and processing of all OMVUI's. You are requested to adopt the attached resolution authorizing the Mayor to sign the grant applica- tion for State funding to the City For the period July 1. 1975 through September 30, 1976. Francis A Murray Assistant City Manager 338 Regular Session, July 7, 1975 Councilman Thoms moved that the communication be received and filed. Seconded by Mayor Pro - Tem Lundh. Carried by the fol- lowing vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 262.75 WHEREAS, the City Council of the City of Dubuque desires to participate with the Iowa Depart- ment of Public Safety in imple- mentation of the Department's Mini -ASAP Program. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that the City Council authorizes the Mayor to sign application for grant with the Iowa Department of Public Safety for $35,686.00. Passed, approved and adopted this 7th day of July, 1975. Alvin E. Lundh Mayor Pro -Tem 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 Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. July 2, 1975 Honorable Mayor and City Council The Department of Transporta- tion has notified us that they have approved our capital grant application for a maximum amount of $1,013,315. They have forwarded to us a contract which stipulates that the total project cost will not exceed $1,013,315 and that the Department will pay up to $810,652. They are asking that if this capital grant contract is ac- ceptable to the City that it be signed by the Mayor. Attached is a resolution which authorizes the Mayor to execute the capital grant contract and authorizes the Du- buque Transit Authority to pro- ceed with acquisition of equipment within the limits of the availability of local funds. The project cost is higher than originally projected. Originally in the budget we had projected that the total cost for 13 buses, radios, shelters and bus stop signs would be $860.876. The local share predi. cated on this total project cost of $860,876 would have been $172,775. Under the revised estimate the total cost will be $1,013,315 and the local share will be increased to $202,663, or a difference of $29.888. Presently we have not ap. propriated this additional money for the purchase of transit equip. ment. However, we believe the op• erating assistance from UMTA will be greater than anticipated and we should have adequate funds to fi. nance the increased local share. You are therefore requested to adopt the attached resolution au- thorizing the Mayor to execute the contract and authorizing the Du- buque Transit Authority to pro. ceed with acquisition of equipment. Francis A. Murray Assistant City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 263.75 Resolution Authorizing the City of Dubuque, Iowa To Execute a Capital Grant Contract with the United States Department of Transportation. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transporta- tion; and WHEREAS, the City of Dubuque, Iowa has heretofore adopted Reso- lution No. 384-74 authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Trans. portation 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 project costs; and Regular Session, July 7, 1975 337 WHEREAS, a public hearing was held on the 17th day of March, 1975 at 7:30 o'clock p.m., Central Standard Time, in the City Coun. cil Chambers, City Hall, City of Dubuque, Iowa; and WHEREAS, Resolution No. 66.75 was passed, approved and adopted on March 17, 1975 authorizing the City of Dubuque to finance their share of the mass transportation capital improvement grant. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque, Iowa, be and is hereby authorized and directed to execute the capital grant contract with the United States of America (Department of Transportation) dated May 22, 1975 for a total proj- ect cost of $1,013,315.00 under which the Federal government will finance 80%n of the project cost, but in no event will the Federal government finance more than $810,652. Section 2. That the Dubuque Transit Authority be and it is hereby authorized and directed on the execution of said contract to proceed with acquisition of the equipment within the limits of funds available for these expendi- tures as outlined in FY '76 and FY '77 Budgets as approved and/or amended. Passed, approved and adopted this 7th day of July, 1975. Alvin E. Lundh Mayor Pro -Tem 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 Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 264.75 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- I. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Alice Erschen, 2617 University Avenue Dubuque Yacht Basin, Inc., 1630 East 16th Street John Mihalakis, 2095 Kerper Blvd. Ritz Lounge Incorporated, 2126 Central Avenue Passed, adopted and approved this 7th day of July 1975. Alvin E. Lundh Mayor Pro -Tem 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 Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 265.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT R& 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 Ritz Lounge Incorporated, 2126 Central Avenue Passed, adopted and approved this 7th day of July 1975. Alvin E. Lundh Mayor Pro -Tem 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 Pro -Tem Lundh. Carried by the following vote: 338 Regular Session, July 7, 1975 Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thorns. Nays—None. Absent—Mayor Justmann. RESOLUTION NO. 266-75 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 issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ritz Lounge Incorporated, 2126 Central Avenue Passed, adopted and approved this 7th day of July 1975. Alvin E. Lundh Mayor Pro -Tem 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 Mayor Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh. Councilmen Brady, Stackis, Thorns. Nays—None. Absent—Mayor Justmann. AN ORDINANCE establishing Comprehensive 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 Ordi- nances in conflict herewith, pre- sented to Council from the Plan- ning & Zoning Commission. Coun- cilman Brady moved that the Pro- posed Zoning Ordinance and Zon- ing Map be received and filed in the Clerk's Office and the City Clerk be directed to publish notice of a public hearing to be held on the Proposed Ordinance on July 28, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Nall. Seconded by Mayor Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thorns. Nays—None. Absent—Mayor Justmann. The matter of the American Le- gion Post #6 receiving a Class "C', Liquor License approval by the State of Iowa Departmental Hear- ing Board of the Iowa Beer and Liquor Control Department was presented for further considera- tion. After Council discussion, Ma. yor Pro -Tem Lundh moved that NO ACTION be taken to appeal the American Legion Liquor Li- cense. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms, Nays—None. Absent—Mayor Justmann. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Mayor Pro -Tem Lundh. Carried by the following vote: Yeas — Mayor Pro -Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays—None. Absent—Mayor Justmann. Leo F. Frommelt City Clerk Approved September 8, 1975 Adopted September 8, 1975 Special Session, July 14, 1975 339 CITY COUNCIL OFFICIAL Special Session, July 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. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF CONSIDERING AWARD OF CON. TRACT FOR CONSTRUCTION OF UNIVERSITY AVENUE PEDES- TRIAN CROSSWALK and acting upon such other business as may properly come before a regular meeting of the Council. Communication of U. S. Coast Guard requesting Mayor Justmann to declare August 4, 1975, as Coast Guard Day, presented and read. Mayor Justmann moved that the communication be received and filed and so declared. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Peoples Nat- ural Gas announcing an increase in gas rates, small commercial vol- ume 14.8%, small volume interrup- tible customer 9.32%, presented and read. Mayor Justmann moved that the communication be re- ceived and filed and referred to the City Solicitor for investigation. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Teleprompter Cable TV submitting a quarter re- port on service calls made from 3-29-75 to 6.27.75, presented and read. Mayor Justmann moved that the communication be received and filed and referred to the Cable TV Commission. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Playground & Recreation Commission submitting minutes of their meeting of June 11, 1975, presented and read. Ma. yor Justmann moved that the min. utes 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. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of July 1, 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, Thoms. Nays—None. Communication of Dubuque Hu- man Rights Commission submit- ting minutes of their meeting of June 5, 1975, presented and read. Mayor Justmann moved that the minutes 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 Dubuque Hu- man Rights Commission stating that an official from HUD made an inspection of the office of Human Rights in trying to decide if the office could function as a down- ward deferral agency for federal housing complaints, decision was positive, presented and read. Ma- yor Justmann moved that the com- munication 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 Citizens Ad- visory Commission submitting min- utes of their meeting of July 8, 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, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. 340 Special Session, July 14, 1975 July 9, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1974 Code of Iowa, as amended, the Civil Service Commission con. ducted a written entrance exami- nation on April 1, 1975 and a be. lated agility test on June 1.3, 1975 to the following applicant for the POLICE DEPARTMENT. McTague, Kevin L. ..........72% The reason for delay in conduct- ing the agility test was due to the fact that the applicant had a minor foot injury at the time he took the agility test the first time and was advised to discontinue the test at that time. Louis F. Fautsch Chairman Sr. Carolyn Farrell Commissioners Civil Service Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 14th day of July 1975. Z. D. Hantelmann Notary Public Mayor Justmann 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 Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Dubuque Board of Dock Commissioners sub- mitting minutes of their meeting of June 25, 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, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. July 10, 1975 Honorable Mayor and City Council 1 am returning to you the peti- tion requesting that parking be moved on one side of Woodlawn, from Asbury 300 ft. northerly. The proposal has been reviewed by the traffic committee and it is recom- mended that the petition be de- nied. Woodlawn Street is approxi- mately 1,000 ft. long, and it is be- lieved that the removal of parking on one side for 300 ft. would mere. ly move the congestion problem north to street number 2222. I am attaching a copy of a let. ter from Chief O'Brien which ex. plains the situation. I have also sent a letter to Mr. Fred Sinhold, the first signer on the petition, telling him that a denial of the petition is being presented to the City Council. Gilbert D. Chaveneile City Manager Mayor Justmann moved that the communication be received and filed and recommendation of de. nial be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. Honorable Mayor and July 10, 1975 Members of the City Council I have approved the following sidewalk construction bond: Fischer Inc. of Dubuque, Iowa, from July 26, 1975 to July 26, 1976 North River Insurance Co. Bond No. 798646 and desire to have Your approval of same for filing. Gilbert D. Chavenelle City Manager Mayor Justmann 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 Brady, Lundh, Stackis, Thoms. Nays—None. Merger of City -County Health Departments, as previously dis. cussed at Council meeting of April 28th, presented for further discus- sion and final consideration. The City Manager presented a verbal report and submitted Council with 5 different options. After Council discussion, Councilman Brady pre. sented the following resolution. RESOLUTION NO. 267.75 WHEREAS, the City of Dubuque, Iowa, has an extremely efficient Health Department which has per- formed admirably to meet the needs of the. City of Dubuque in all areas; and WHEREAS, the City Board of Ifealth and the Health Director are under the direct and necessary Special Session, July 14, 1975 341 control of the Citizens of the City of Dubuque; and WHEREAS, the economic feas- ibility of a County -City combina- tion is neither feasible or benefi- cial to the City. NOW, THEREFORE Be It Re. solved by the City Council of the City of Dubuque, Iowa: That the City of Dubuque, Iowa, goes on record supporting the con- cept of separate City of Dubuque Health Department from the Du- buque County Health Department, and that it retain its present struc- ture. Passed, adopted and approved this 14th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Stackis. Nays—Mayor Justmann, Coun- cilman Thoms. Merger of Park and Recreation Departments, presented for dis- cussion. The City Manager submit- ted a summary of areas, buildings, and facilities maintained and du- ties performed individually by the Park & Recreation Departments. After considerable discussion, Councilman Brady moved that the Park Board -Park Department and Playground & Recreation Commis- sion -Recreation Department main- tain their present separate Boards & Departments. MOTION DIED FOR LACK OF A SECOND. Councilman Thoms moved that the City Solicitor be directed to draft proper proceedings as to pos- sibly combining elected Park Board and appointed Playground & Recreation Commission into one board and governing respective Park and Recreation Departments as Separate. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- mn Lundh, Stackis, Thoms. Nays—Councilman Brady. Communication of Mayor Just - mann requesting updating of Council agenda and procedures and rules, forward from meeting of June 23, 1975, presented. Council- man Stackis moved that the re- quest be tabled and brought back later at Council's request. Second- ed by Councilman Thoms. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. Communication of Iowa Depart- ment of Environmental Quality ap- proving the sanitary and function- al features for Notice 76-3W, Wa- ter Main Extension, Table Mound Mobile Home Park Project, 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, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Communication of Planning & Zoning Commission submitting minutes of their meeting of July 9, 1975, presented and read. Coun- cilman Thoms moved that the min- utes be received and filed. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms, Nays—None. July 10, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the Zimmerman petition for voluntary annexation of prop- erty fronting on Rockdale Road south of Tower Drive. Because of previous annexations and service extensions to this vi- cinity, the Commission views the Rockdale Road area as a develop- ment sector for the City of Du- buque, and finds that the proposed annexation is appropriate. We have enclosed a sketch map showing the approximate location of the Zim- merman property. Because of our inexperience with the new provisions regard- ing voluntary annexations as set forth in the Iowa Home Rule laws, we ask that the City Solicitor ad- 342 Special Session, July 14, 1975 vise you on the procedures for se- curing this annexation. CITY PLANNING AND ZONING COMMSSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication 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, Lundh, Stackis, Thoms. Nays—None. July 11, 1975 Honorable Mayor and City Council At your June 30th meeting, Mr. Delos Dorweiler appeared before you and objected to a charge for weed cutting which had been levied against his lot at Carter and John F. Kennedy Road in 1974. Mr. Dorweiler presented several cancelled checks as evidence that he had paid to have the lot graded and mowed. Consequently, the work performed by the city em- ployees was unnecessary and the charge should be cancelled. I have talked to Lavern Goerdt, City Sanitarian, about the matter and he reported the following: On September 27, 1974 two city employees, Lorain Schuster and Chris Anderson, spent one and a half hours cutting weeds from the graded portion of the lot down to the lot line on both the Carter and J.F.K. sides of the property. Mr. Goerdt had previously in- spected the location, sent notice to Mr. Dorweiler, reinspected the lot and then requested that the street crew cut the weeds. Last Monday, July 7, I again asked Mr. Goerdt to check the sit- uation. He and Mr. Schuster went out and looked at the lot and Mr. Schuster said that he remembered mowing it and that on the occa. sion he had picked up rocks and cans. I believe that the city work was done and was necessary. I recom- mend that the petition to cancel the charges be denied. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation of denial approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms, Nays—None. Notice of Suit of Roger & Carol Ann Nebel, for property damage incurred in the amount of $12,000, as the result of flushing a sewer on Parkway on January 1, 1974, presented and read. Councilman Thoms moved that the notice of suit be referred to the City So. licitor for proper proceedings. See. onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays—None. July 11, 1975 Honorable Mayor and City Council I submit to you for your con- sideration an ordinance requiring traffic travelling east and west on 24th Street to stop on Jackson Street. This is a companion ordi- nance to one which you passed several weeks ago making Jackson Street a stop at 24th Street. The effect of this ordinance and the one previously adopted is to make 24th and Jackson a 4 way stop intersection. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas—Mayor Justman, Council- men 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: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Richard Vorwald, representing residents of the Comiskey Park area, addressed the Council as be- ing in favor of the 4 way stop at that intersection. ORDINANCE NO. 29.75 An Ordinance Amending Ordi• nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Special Session, July 14, 1975 Subsection 28 to Section A of Schedule III thereof and by add- ing a new Subsection 23 to Sec- tion B of Schedule III thereof to provide that Eastbound and Westbound Vehicles on East Twenty-fourth Street must stop before entering the Intersection of Jackson Street and that Northbound and Southbound Ve- hicles on Jackson Street must stop before entering the Inter- section of East Twenty -Fourth Street, respectively, Presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Brady. 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 Brady. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. ORDINANCE NO. 29.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 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 VE- HICLES ON EAST TWENTY-FOURTH STREET MUST STOP BEFORE EN- TERING THE INTERSECTION OF JACKSON STREET AND THAT NORTHBOUND AND SOUTHBOUND VEHICLES ON JACKSON STREET MUST STOP BEFORE ENTERING THE INTERSECTION OF EAST TWENTY-FOURTH STREET, RE- SPECTIVELY. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 33- 49 known as the "Traffic Code of Du- buque, Iowa" as amended be and the same is hereby amended by enacting a new subsection 28 to Section A of Sched- ule III thereof as follows: SCHEDULE III. A. East bound and westbound vehicles must stop before entering the intersection of: 343 28. Jackson Street and East Twenty. Fourth Street. SECTION 2. That Ordinance No. 33- 49 known as the "Traffic Code of Du- buque, Iowa" as amended be and the same is hereby amended by enacting a new subsection 23 to Section B of Sched- ule III thereof as follows: SCHEDULE III. B. Northbound and southbound vehi- cles must stop before entering the inter- section of: 23. East Twenty-fourth Street and Jackson Street. Passed, approved and adopted this 14th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis ,lames E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 23rd day of July, 1975. Leo F. Frommelt City Clerk It. 7-23. Councilman Thoms moved final adoption of the Ordinance. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. Petition of George W. Pohlen, re- questing a refund of $225, on the unexpired portion of Class "B" Beer Permit, discontinued business on June 30, 1975, presented and read. Councilman Thoms moved that the refund be granted and City Auditor directed to issue pro- per warrant. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas—Councilmen Lundh, Stack - is, Thoms. Nays—Mayor Justmann, Coun- cilman Brady. Petition of Louis Kartman re- questing permission to relocate small neon sign closer to the street for the Wink Inn Motel, presented and read. Mayor Justmann 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. 344 Special Session, July 14, 1975 Proof of Publication, certified to by the Publisher, of Notice of Contractors of Receipt of Propos- als for construction of University Avenue Pedestrian Crosswalk, pre- sented 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, Council- men Brady, Lundh, Stackis, Thorns. Nays—None. July 11, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M. D.S.T., Thursday July 10, 1975 for the University Avenue Pedestrian Crosswalk. The low bid was entered by Moldt Electric Service, Inc. of Du- buque, Iowa, with a bid of $3,039.85. This is 11.91% under the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Moldt Electric Service, Inc. 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, Thorns. Nays—None. (Awarding Contract) RESOLUTION NO. 268-75 WHEREAS, sealed proposals have been submitted by contrac- tors for the University Avenue Pe- destrian Crosswalk pursuant to Resolution No. 224-75 and notice to bidders published in a newspa- per published in said City on June 19, 1975 and June 26, 1975; and WHEREAS, said sealed propos- als were opened and read on July 10, 1975, and it has been deter- mined that the bid of Moldt Elec- tric Service, Inc. of Dubuque, Iowa in the amount of $3,039.85 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Moldt Electric Service, Inc and the Manager be and he is here' by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con. tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess• ful bidders. Passed and adopted this 14th day of July, 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. A Resolution authorizing the City Council of the City of Du- buque, Iowa, to hold a public hear- ing on purchasing of the Medical Associates Property and considera- tion of a Special City Election for funding the project, presented and read. At this time it was announced by Councilman Lundh, that Medical Associates had withdrawn their of- fer to sell their property to the City. Petition of Frank Licciardi (For. ward from last meeting), as to be- ing a spokesman for the 11th Street Neighborhood Assn. on Com- munity Development, presented and read. Frank Lieciardi of 11th Street Neighborhood and John "Hank" Waltz of Washington Street Neighborhood addressed the Council. They presented the following verbal report and re- quests. The four neighborhoods have formed a Council of Neigh- borhoods Board; Request the neigh. borhoods be acknowledged; equal imput be allowed by having each neighborhood appoint 2 members to the Rehabilitation Commission. Special Session, July 14, 1975 345 Mayor Justmann moved that the petition of Frank Lieciardi 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 City Manager submitting a report on the Reha- bilitation Program to be imple- mented under the Community De- velopment Block Grant Program, presented and read. Councilman Thoms moved that the communi- cation be referred to a Work Ses- sion to be held on July 23, 1975, at 7:30 o'clock P.M. in the Coun- cil Chambers at City Hall. Second- ed by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. A Resolution providing for the establishment of a Rehabilitation Commission with a Board of Com- missioners for the City of Du- buque, Iowa, presented and read. Mayor Justmann moved to amend No. 9 of Section C of Part H pertaining to Membership of Rehabilitation Commission to read: One member of each neighborhood be selected to serve on the Com- mission. Seconded by Councilman Brady. Vote on the motion was as follows: Yeas—Mayor Justmann, Council- man Brady. Nays — Councilmen Lundh, Stackis, Thoms. MOTION FAILED. Councilman Thoms moved that the resolution be referred to the Work Session to be held on July 23, 1975, at 7:30 o'clock P.M. in the Council Chambers at City Hall. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 269.75 WHEREAS, the City of Dubuque, Iowa is the owner of real estate described as: The North % and South % of the East 33 feet of Lot 1 of the Subdivision of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa; and WHEREAS, Leo J. Kringle has made an offer to purchase said real estate; and WHEREAS, the City Council of the City of Dubuque, Iowa has ex- amined said offer to purchase real estate and finds that the sale of said real estate should be ap- proved; NOW THEREFORE BE IT RE- SOLVED by the City Council of. the City of Dubuque, Iowa: Section 1. That the sale of the hereinabove described real estate owned by the City of Dubuque, Iowa to Leo J. Kringle, be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as pro- vided by law and in accordance with this Resolution to Leo J. Kringle for the sum of Nine Hun- dred Fifty and no/100 ($95().00) Dollars and costs of publication and any platting costs, that no ab- stract of title will be furnished, conveyance will be by Quit Claim Deed and that the City of Dubuque will reserve unto itself all ease- ments for utilities. Passed, approved and adopted this 14 day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen A'I"CEST: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution and a public hearing to be set for August 4, 1975. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 270-75 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 346 Special Session, Juk 14, 1975 Cigarettes and Cigarette Papers within said City. John F. Hall, 2616 Windsor Avenue Passed, adopted and approved this 14th day of July 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. 271.75 WHEREAS, applications for SUNDAY SALES 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 Iowa Beer and Liquor Control Act --CHAPTER 123 of the 1973 Code of Iowa as amended by the 65th General Assembly. M. Jack DeChristopher & Donald P. Shanley, 1630 E. 16th Street Passed, adopted and approved this 14th day of July 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. 272.75 WHEREAS, applications for Sun- day Sales 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 State Law and all City Ordinances relvant thereto and they have filed proper bonds, NOW THEREFORE BE IT R& 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 SUNDAY SALES PER- MIT. M. Jack DeChristopher & Donald P. Shanley, 1630 E. 16th Street Passed, adopted and approved this 14th day of July 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. At 10:34 P.M. Mayor Justmann moved to go pito Executive Session to discuss possible replacement for Councilman Thoms, and appoint- ments to various Boards and Com- missions. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Thoms. Nays—Councilmen Brady, Stack - is. Council reconvened in regular session at 10:45 P.M. Mayor Just - mann announced Council attempt- ed to consider candidates for Councilman Thoms position, pre- ferably someone with past Council experience. Special Session, July 14, 1975 347 Mayor Justmann moved the ap- pointment of Mary Headington to the Advisory Commission for un- expired term ending June 1, 1977. Seconded by Councilman Thoms. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays — None. There being no further busi- ness, Councilman Stackis moved to adjourn. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays — None. Leo F. Frommelt City Clerk Approved November 3, 1975 Adopted November 3, 1975 348 Special Session, July 21, 1975 CITY COUNCIL OFFICIAL Special Session, July 21, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Council- men Brady, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Absent—Councilman Thoms. 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 proper- ly come before the Meeting. July 21, 1975 Honorable Mayor and City Council As you are undoubtedly aware the Attorney General for the State. of Iowa has issued an opinion that in essence says that my term on the Dubuque City Council must end immediately, I have consulted with the City Solicitor in this mat- ter and although we both agree that the issuance from the At- torney General's Office is only an opinion, it would not he in the best interests of the City of Dubuque to at this time challenge that opinion. I, therefore, extend to you my immediate resignation from the Dubuque City Council effective July 19, 1975. It has been an honor for me to have served the City of Dubuque and to have served with you gen- tlemen. I thank you for the under- standing you have shown and thank all of you for your coopera- tion and assistance. Allan T. Thoms Mayor Justmann moved that the communication be received and fil- ed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays — None. Absent — Councilman Thoms. RESOLUTION NO. 273-75 WHEREAS, Allan T. Thoms was duly elected to the high office of Councilman of the City of Du- buque, Iowa, and he took office on January 3, 1972; and WHEREAS, since that time as City Councilman, he displayed a rare administrative ability, a keen insight into the taxing problems of governmental operation on the municipal level and has displayed a tremendous sense of vision and fair play; and WHEREAS, the unusual and highly valued talents of the said Allan T. Thoms was recognized on the state level to the end that Governor Robert D. Ray selected him to serve on the Department of Transportation of the State of Iowa, and thereafter, he was con- firmed by legislative action for an appointment to an additional term; and WHEREAS, it now develops that the Attorney General of the State of Iowa has ruled that a conflict arises between the occupancy of the office of City Councilman of the City of Dubuque, Iowa, and the office of member of the Depart- ment of Transportation of the State of Iowa; and WHEREAS, Allan T. Thoms did submit his resignation pursuant to the Attorney General's opinion ef- fective the 19th day of July, 1975; and WHEREAS, the departure of Al- lan T. Thoms from the City Hall Chambers as a City Councilman should be marked with an ap- propriate administrative gesture to mark well the high caliber of serv. ice that Allan T. Thoms has ren. dered the inhabitants of this com- munity, and to express the official thanks of the City of Dubuque, Iowa, for his valued and treasured services. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the resignation of Allan T. 'Thoms, effective July 19, 1975 from the high office of Councilman of the City of Du. buque, Iowa, be and the same is hereby acepted with regrets, and that the said Allan T. Thoms should go forward henceforth, con- fident in the knowledge that he has gained the love and affection and respect of the inhabitants of this community and those of his co-workers who were privileged to work with him during his term of office, Special Session, July 21, 1975 349 Section 2: That the City Council of the City of Dubuque, Iowa, for and on behalf of the inhabitants of this community officially goes on record expressing the official grati- tude and thanks of this community to Allan T. Thorns for his services so selflessly and diligently render- ed to this community during his term of office, and that the prayers of the inhabitants of this commun- ity and the members of the City Council go with Allan T. Thorns on his new venture upon a state level and the hopes and prayers of the community and this City Council go with him in the expectation that he will render the same treasured and valued services to the State of Iowa as he has so magnificently rendered to the City of Dubuque, Iowa. Section 3: That the City Clerk be and he is hereby ordered to trans- mit a certified copy hereof to Al- lan T. Thorns, and that the copy hereof be spread upon the official records of the City of Dubuque, Iowa. Passed, adopted and approved this 21st day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilman Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays — None. Absent — Councilman Thorns. Mayor Justmann moved that Donald R. Meyers be elected to serve the unexpired Council term of Allan T. Thorns until the next regular general election. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays — None. Donald R. Meyers was given the oath of office by City Clerk, Leo F. Frommelt. Communication of Airport Com- mission submitting minutes of their meeting of July 10, 1975, presented and read. Councilman Stackis moved that the minutes be re- ceived and filed. Seconded by Ma. yor Justmann. Carried by the fol. lowing vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Planning & Zoning Commission submitting minutes of their meeting of July 15, 1975, presented and read. Coun- cilman Stackis moved that the min- utes be received and filed. Sec. onded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Youth Serv- ices Board of Directors submitting minutes of their meeting of June 24, 1975, presented and read. Coun- cilman 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 Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dubuque Low - Rent Housing Commission submitt- ing minutes of their meeting of July 15, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication from Donald Bandy, City Building Official, sub- mitting request from Attorneys Kintzinger, Kintzinger, VanEtten, Setter and King, for a Demolition Permit for building at 110-112-114 W. 12th Street, presented and read. Mayor Justmann moved that the communication be received and fil. ed and request be granted subject to coordination of Historical Pres. ervation Advisory Board. Seconded by Councilmai, Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays -- None. 350 Special Session, July 21, 1975 Communication of Audrey Ham- mer, submitting copy of letter sent to Teleprompter Cable TV, request- ing their return address be printed on payment coupons, presented and read. Councilman Stackis mov- ed that the communication be re- ceived and filed and referred to the TV Cable Commission. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Ronald Kirch of 1775 Avoca Stret, still not satis- fied with reasons given for poor Cable TV Service, presented and read. Councilman Stackis moved that the communication be receiv- ed and filed and referred to the TV Cable Commission. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Teleprompter Cable TV notifying Council and Commission that a crew began checking the microwave on July 15th, presented and read. Council- man Stackis moved that the com- munication be received and filed and referred to the TV Cable Com- mission. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Judy McCoy, Chairperson of Dubuque Women's Political Caucus, questioning why Council was not provided with the first annual report of the City of Dubuque's Affirmative Action Pro- gram on July 1st, presented and read. Mayor Justmann moved that the communication be referred to the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Oral Communication of John Grau and Bob Day, Members of Dubuque Beautification Commit- tee, requesting to address Council, regarding beautification in the City of Dubuque, Iowa, was acknowl. edged. 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, Meyers, Stackis. Nays — None. Bob Day and John Grau address• ed the Council and made the fol. lowing requests: Provide a light for Jefferson Park to shine on mur. al wall; Appropriate funds to pick up $60.00 bill for Tom Liebold for damaged lawn mower; Give recog. nition to Harry Neustadt of Pitts. burgh Paint for painting of fire hydrants; Similar basketball court for Allison -Henderson Park as Madison Park; Token payment of $100.00 toward bank account to Beautification account; and recom- mending award funds be returned to Beautification Account. Communication of Mayor Just - mann commending Robert L. Day and Mr. John Grau as being co- ordinators of the project for the beautification of the City of Du- buque 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, Meyers, Stackis. Nays — None. Notice of Claim of Donald J. and Erma P. Burke, 1530 Dodge St., in undetermined amount for car dam- ages caused by running over brok- en water pipe on City Property at 1562 Dodge Street, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. ORDINANCE NO. 3075 An Ordinance Amending Ordi• nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as Amended by Repealing Sea tion 16.9 thereof and by enacting Special Session, July 21, 1975 351. a New Section 16.9 in lieu there- of, prohibiting the parking of motor vehicles in Bus Stops, 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Councilman Brady 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, Meyers, Stackis. Nays — None. ORDINANCE NO. 30.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED BY REPEAL- ING SECTION 16.9 THEREOF AND BY ENACTING A NEW SECTION 16.9 IN LIEU THEREOF, PROHIBITING THE PARKING OF MOTOR VEHICLES IN BUS STOPS. SECTION 1. That Ordinance No. 33- 49 known as the "Traffic Code of Du- buque, Iowa" as amended be and the same is hereby amended by repealing Section 16.9 thereof and enacting a new Section 16.9 in lieu thereof as follows: "Section 16.9. Where spaces have been set apart by signs or markings for bus stops, or passenger zones, is shall be un- lawful for the operator of any vehicle, other than a bus, to stand or park in any such officially designated bus stop, except that the operator of any passenger vehicle may temporarily stop in any such bus space or stop for the purpose of and while actually engaged in the loading or unloading of passengers." Passed, approved and adopted this 21st day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest. Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of July, 1975. Leo F. Frommelt City Clerk It. 7-24. Councilman Brady moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Honorable Mayor July 17, 1975 and City Council The City Council, on January 20, 1975, adopted Ordinance No. 3- 75 which revised and re-establish- ed a new Building Code for the City of Dubuque. The new Building Code does not incorporate any provisions regulat- ing the construction of swimming pools. There was such a provision in the repealed 1961 Building Code. In order that we may have an Ordinance controlling the construc- tion of swimming pools, we are submitting the attached Ordinance for your adoption. In substance the Ordinance will cover all pools 18" or greater in depth. It stipulates that all pools covered by the Ordi- nance shall be enclosed by a five foot high fence. It also establishes a fee schedule for issuance of per- mits for swimming pools. This fee schedule is identical to that in our repealed Building Code. We would, therefore, request your adoption of this Ordinance. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. ORDINANCE NO. 31.75 An Ordinance providing for the Installation, Location and Pro• tection of Swimming Pools in the City of Dubuque, Iowa, and Requiring a Plan, Permit and Providing for Permit Fees, and Providing for Penalties for Vio- lations thereof, Presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Second- 352 Special Session, July 21, 1975 ed by Councilman Lundh. Carried by the following vote: Yeas -Mayor Justmann, Council- men Brady, Lundh, Meyers, Stack - is. Nays -None. Councilman Stackis moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --None. 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 PER- MIT FEES, AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. A swimming pool is de- fined as any constructed or prefabricated pool used for swimming, bathing or wad- ing, over eighteen inches (18") in depth. SECTION 2. Swimming pools, public or private, shall require a building per- mit plan and specifications concerning same shall be submitted to the Building Department and said Pool shall be dc - signed and constructed in accordance with generally accepted standards and practices, as outlined in the latest edition of "Rcc- ommended Practice for Design, Equipment and Operation of Swimming Pools and Other Public Bathing Places," of the American Public Health Association. A) Protection Around Pool. Every per- son in possession of land upon which is situated a swimming pool shall at all times maintain on the lot or premises upon which such pool is located and com- pletely surrounding such pool, lot or premises, a fence or other structure not less than 5 feet in height with no open- ings therein, other than doors or gates, larger than 6 inches in any dimension; provided, however, that if a picket or sim. ilar fence is erected or maintained the horizontal dimension of the openings, oth. Cr than the gates or doors, shall nut exceed 4 inches. B) Openings in Barriers. All gates or doors opening through such enclosure shall be equipped with self-closing and self -latching devices designed to keep, and capable of keeping, such gate or door securely cloecd and latched at all tinea when not in actual use. Such self•latch- ing device shall bt located not less than 4 feet above the underlying ground sur. face or otherwise made inaccessible from the outside to small children. Any dwell- ing or other building on the premises may be incorporated in and considered as con- stituting a portion of the required bar- rier. Doors or other openings from any occupied dwelling (as distinguished from a garage) into the required enclosure need not be equipped with self-closing or self latching devices. C) Location. As governed by Zoning Ordinance of the City of Dubuque, Iowa. D) Pool Filling. All fencing must be in place with gates when the pool is filled with water. E) Violations. A person who shall vi,, late any provision of this Ordinance or fails to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine of not less than $10-00 nor more than $100.00, or by imprisonment not exceed- ing thirty (30) days. SECTION 3. Permit fees shall be based on valuation of work to be done. $ 0- foo _ _ t 5.00 501- 600 .. 1.50 601- 700 . _ 6.00 701- 800 .. 6.10 801- 900 7.00 901- 1000 ... 7.50 1001- 1100 ....... 8.00 1101- 1200 ..._.__ _ 8.50 1201- 1300 ..._ ..._ ....... 9.00 1301- 1400 _. _ . 9.$0 1401- 1500 10.00 1101- 1600 10.40 1601- 1700 10.80 1701- 1800 11.20 1801- 1900 .. 11.60 1901- 2000 12.00 2001- 3000 16.00 3001- 4000 20.00 4001- 5000 24.00 5001- 6000 28.00 6001- 7000 32.00 7001- 8000 36.00 8001. 9000 40.00 9001-10000 44.00 10001-11000 _ 48.00 11001-12000 _. 12.00 12001-13000 ............ _ 16.00 13001-14000 60.00 14001-15000 _ 64.00 15001-16000 68.00 16001-17000 72.00 17001-18000 76.00 18001-19000 80.00 19001.20000 _ 84.00 SECTION 4. This Ordinance shall be in full force and effect immediately upon its final passage, approval and publication as required by law. Introduced this 21st clay of July, 1915. Rule requiring reading on three sepa- rate days suspended by unanimous votr this 21st day of July, 1975. Special Session, July 21, 1975 353 Passed by recorded roll call vote, adopt- ed and approved this 21st day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of July 1971. Leo F. Frommelt City Clerk it. 7-24. Councilman Stackis moved final adoption of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on North Algona St., to repair a customer's service line, presented and read. Mayor Justmann moved that the request be approved. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Patricia Weig, et al (174 signers), submitting a petition being AGAINST any proposal to barricade Key Way Drive for the purpose of impeding the flow of automobile traffic, presented and read. Mayor Justmann moved that the petition be referred to the Traffic Committee. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --None. Communication of Attorney Jo- seph J. Bitter, submitting Correc- tion Resolution for Resolution No. 128.73, due to two signatures be- ing missed on original Resolution, presented and read. Councilman Stackis moved that the communica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: 1. Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION OF THE CITY OF DUBUQUE NO. 274.75 Resolution Approving the Plat of Lots 1.29 inclusive and Lot A, all in Hawkeye Estates In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324 in Dubuque Township, Dubuque County, Iowa, is platted as Lots 1-29 inclusive, and Lot A in "Hawkeye Estates" in the City of Dubuque, Iowa, by Lawrence and Bernard Hefel as Owners thereof; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and approved by said body; and WHEREAS, upon said Plat ap- pears streets to be known as Hawk - eye Drive, Inwood Avenue and also easements for public utilities, which the Owners upon said plat have dedicated to the public for- ever; 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 reduced to grade or paving, sewer, water or sidewalks installed therein; and WHEREAS, Section 409. 8 re- quires the signature and acknowl- edgement of all owners and their spouses; and WHEREAS, said plat was signed and acknowledged by Lawrence Hefel and Bernard Ilefel, but through inadvertance, the spouses of Lawrence Hefel and Bernard Hefel did not sign; and WHEREAS, the fact that the spouses of Lawrence Hefel and Bernard Hefel did not sign and acknowledge said plat prior to the date on which said plat was re- corded in the Office of the Du- buque County Recorder, might cause some doubt as to the valid- ity of the said plat; NOW THEREFORE, Be It Re- solved By The City Council Of The City Of Dubuque, Iowa: 354 Special Session, July 21, 1975 Section 1: That the dedication of Hawkeye Drive and Inwood Ave- nue together with the easements for public utilities all as the same appears upon said plat; be and the same are hereby accepted and that said streets be and are here- by established as public streets in the City of Dubuque; Section 2: That the plat of the Subdivision of Lot 1 of Lot 1 of Lot I of the Subdivision of Lot 1 of Lot I of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324, in Dubuque Township, Dubuque County, Iowa, and which will here- after be known as Lots 1-29 inclu- sive, and Lot A in "Hawkeye Es- tates" in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat providing the Owner of said property, herein- before named, executes written ac- ceptance hereto attaching, agree- ing to perform each and every one of the provisions required in para- graphs a through i of Section 2 of Resolution No. 128-73 passed by this City Council on April 16, 1971 Section 3: The security having been provided as required by Sec- tion 3 of Ordinance No. 128-73 passed by this Council on April 16, 1973, no new security is hereby re- quired of the Owners of said prop- erty. Section 4: Said plat as originally filed having complied with all of the requirements of law with the exception of the signatures and acknowledgements of the spouses of Lawrence Hefei and Bernard Hefei, which omission has now been corrected, Resolution Ordi- nance #128-73 is hereby approved, confirmed, ratified, and re -adopted in its entirety. Passed, Adopted and Approved by recorded roll call vote this 21st day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 128.73 Alice & Lawrence Hefei and Bernard & Adelene C. Hefei, hav- ing read the terms and conditions of the foregoing Resolution No. 12873, and being familiar with the contents thereof, hereby accept the same and agree to perform the conditions therein required. Bernard F. Hefei Adelene C. Hefei Lawrence Hefei Alice Hefei CERTIFICATE The undersigned, Leo F. From. melt, Clerk of the City of Du. buque, Iowa, hereby states the hereto attached Resolution No. 274-75, is a correct copy of the original Resolution No. 274-75, ap- proved and adopted by the City Council of the City of Dubuque, Iowa, at a regular session held by said Council on July 21, 1975. Leo F. Frommelt Councilman Stackis moved adop- tion of the resolution subject to ap- proval. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 275.75 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 rapers within said City. Joseph Y. Kiefer, 2300 University Avenue Passed, adopted and approved this 21st day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Special Session, July 21, 1975 355 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 276.75 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 Vivian M. Heinz, Oky Doky #7, 3301 Pennsylvania Ave. Passed, adopted and approved this 21st day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 277.75 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 I. cause to be issued to the follow. ing named applicants a Beer Per. mit. CLASS "C" BEER PERMIT Vivian M. Heinz, Oky Doky #7, 3301 Pennsylvania Ave. Passed, adopted and approved this 21st day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. 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, Meyers, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved November 3, 1975 Adopted November 3, 1975 Special Session, July 28, 1975 CITY COUNCIL OFFICIAL Special Session, July 28, 1975. Council met at 7:30 P.M.( C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Meyers, 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 to CONDUCT A PUBLIC HEARING ON A PROPOSED ZON. INC, ORDINANCE AND ZONING MAP and acting upon such other business as may properly come be- fore a regular meeting of the Council. Communication of Citizens Ad- visory Commission submitting min- utes of their meeting on July 22, 1975, presented and read. Council- man Stackis moved that the min. utes be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque Ca- ble TV Commission submitting minutes of their meetings on June 23rd and July 7th, 1975, presented and read. Councilman Stackis moved that the minutes be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Iowa Depart- ment of Transportation submitting grant approval for Teleprompter of Dubuque to install underground conduit system on Wacker Drive, must be approved by the Council, presented and read. Councilman Stackis moved that the communi- cation be tabled to the next Coun- cil meeting. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of State Depart. ment of Health submitting reports on the maintenance and operation and making recommendations, af. ter proper inspection, on Munici. pal Pool, Flora Pool, YMCA & YWCA Pool and Loras College Pool, presented and read. Mayor Justmann moved that the com. munication be received and filed and referred to the City Manager and Recreation Department. Sec. onded by Councilman Lundh. Car. ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Printed Council proceedings for the month of April, 1975, present- ed for Council approval. Council. man Lundh moved that the pro- ceedings be approved as printed. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. July 18, 1975 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Water Sup't., Finance Director, Health Depart- ment, as well as a list of claims paid, for the month of June 1975. 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, Meyers, Stackis. Nays—None. July 24, 1975 Honorable Mayor and City Council The Affirmative Action Program for the City of Dubuque, Iowa dated July 1, 1974 stipulates that my office submit to the City Coun- cil, annually, a written report on the activities of the Equal Employ- ment Opportunity Officer. Attached is a report for the peri. od July 1, 1974 through June 30, 1975, submitted by Walter K. Bockes, Equal Employment Oppor- tunity Officer for the City of Du- buque, outlining results of the Special Session, July 28, 1975 357 1974 program and projecting em- ployment goals for the period July 1, 1975 through June 30, 1976. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and copies of the Af- firmative Action Program report be placed in the City Clerk's of- fice for public inspection. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dock Commis- sion submitting minutes of their meeting of June 25, 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Donald R. Meyers, submitting his resignation as a member of the Low -Rent Housing Commission, due to ap- pointment to the City Council on July 21, 1975, presented and read. Councilman Stackis moved that the resignation be accepted with re- gret. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of Paul J. Hen- kel, in the approx. amount of $2400, for property damage in- curred as the result of a city - owned truck running into garage at 351 Winona Street, presented and read. Mayor Justmann moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of Jean M. Bruce, in an undetermined amount, for personal injuries received in a fall on the staircase in Flora Park Barn on July 17, 1975, presented i. and read. Mayor Justmann moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider a pro- posed Zoning Ordinance and Zon- ing Map of the City of Dubuque, Iowa, presented and read. Mayor Justmann moved that the proof of Publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Honorable Mayor July 18, 1975 and Councilmen This communication represents the final report and recommenda- tion of the City of Dubuque Plan- ning and Zoning Commission to the City Council of the City of Du- buque, relative to the proposed new comprehensive Zoning Ordin- ce and Zoning Map for the City of Dubuque, Iowa. The City Planning and Zoning Commission was charged by the City Council with the responsibil- ity of preparing a new Zoning Ordinance and Zoning Map to re- place the present Ordinance No. 3- 34. Because of the demands on Commission and staff time caused by the regular work load and spec- ial projects, little progress was made on the preparation of a new Zoning Ordinance until April of 1974, when a new staff member was assigned to this task on a sub- stantially full-time basis. It can be fairly said that the Commission and staff began work with a clean slate at that time, formulating a new Ordinance from scratch, so to speak, and the completed Ordinan- ce which we recommend for your passage now, bears only a minor and incidental relationship to the Ordinance presented to the City Council in 1972. The Commission and staff time devoted to the study and formula- tion of this Ordinance since April, 1974 has been prodigious, particu- 358 Special Session, July 28, 1975 larly when viewed in light of the Commission's on-going duties and responsibilities. The enclosed chart lists the many work sessions and public hearings held by the Com- mission on various provisions of the new Ordinance. Also listed are the in-depth reports and studies made by the staff to aid the Com- mission's deliberations on topics found to be of particular interest roup or complexity, such s homes, nursery schools and day- care centers; proper zoning regula- tions of funeral homes; recreation- al vehicle storage in residential areas, etc. In some cases the pre- paration of these ad hoc reports in- volved several weeks of staff time devoted to research, study and sur- veys. In addition to the formal work products outlined above, the Com- mission members and staff have spent countless hours deliberating on the Ordinance and discussing its various provisions with interest- ed groups and individuals through- out the City. Not only has the Com- mission taken special measures at every stage of its formulations to search out and involve those per. sons who might be affected by or interested in the provisions under consideration, but the staff has also attended many special meet- ings of community organizations to explain and discuss tentative Or- dinance provisions, including the Zoning Committee of the Dubuque County Board of Realtors, the Du- buque Homebuilders Asosciation, the League of Women Voters, var- ious organized neighborhood meet- ings, including the NDIA and Fourth Street Neighborhood Asso- ciation, the Chamber of Commerce, the Council of West End Business- men, representatives of the sign industry and the Environmental Coordinating Organization, the Ki- wanis Club, and others. The following separate public hearings were held by the Commis- sion as various portions of the Ord- inance were completed: 1) a hear- ing on residential districts and regulations, including group home provisions, home occupations, and recreational vehicle storage regula- tions; 2) a hearing on office and commercial districts and regula- tions; and 3) a hearing on indus- trial and institutional districts and regulations and the Zoning Map. The attendance of interested par- ties was actively solicited by the Commission for these hearings and for the various work sessions held before and after the hearings, and a number of changes to the Ordi• nance were made as a result of the comments of those present. In ad. dition, an omnibus public hearing was held by the Commission on July 15, 1975 covering all provi. sions of the draft Ordinance and Map. In short, all provisions of the proposed Ordinance were present• ed in at least two public hearings, except the Administrative and En- forcement provisions (Articles VII through XI), which were presented only once at the July 15th hearing. The point of the foregoing re- view is to emphasize that the Com. mission and staff in the prepara. tion of this Ordinance have made every effort to secure the meaning. ful participation of interested citi. zens and groups in the formulation of these regulations. We strongly believe that no one can reasonably complain at this date about a lack of opportunity for input, and we also believe that all of those who have chosen to express their views on the provisions of this Ordinance have received a full and fair con- sideration by the Commission and staff. To that extent, we feel that this Ordinance may represent as close a consensus of community opinion and expert judgement as one is likely to achieve in a sub- ject as complex and controversial as zoning. The time and energy devoted by the Commission and staff to pre- paration of this Ordinance is not, however, the only, or even the most important reason we recom- mend it for your passage. Certainly no one familiar with the facts can deny that the City badly needs a new Zoning Ordinance. Our pres. ent Ordinance dates from 1934, a time when planning and zoning was in its infancy. Its provisions are out -dated and often confusing. The districts it established are un- accompanied by any meaningful policy or planning statements to help guide the Commission and Council in their application, which Council in their application, which has too often resulted in incon. sistent or haphazard patterns of zoning and urban development. A long series of ad hoc amendments Special Session, July 28, 1975 359 to correct the deficiencies and omissions of Ordinance No. 3-34 have proven unable to adapt it to the needs of our modern and grow- ing community, and have some- times further complicated an al- ready ambiguous document. The Commission believes strong- ly that this proposed Ordinance is the most desirable and appropriate replacement for Ordinance No. 3• 34. There are several reasons for this belief. First, the proposed Or- dinance is not merely a copy of one of the many "model" ordinances which have been developed, but rather has been written to address the peculiar problems and char- acteristics of Dubuque. In short, the Ordinance gives due considera- tion to the patterns and character- istics of land -use in Dubuque as they presently exist, as well as the most desirable future patterns of development. A second and perhaps more im- portant feature of the Ordinance is reflected in the statements of in- tent for the various districts and other provisions. These statements of policy are very important, for they not only aid in the under- standing of the Ordinance, but they are also intended to guide the actual application of districts to the Zoning Map. In sum, they rep- resent a vital part of the compre- hensive plan for the City, and should greatly facilitate future decision-making by the Council and Commission. In conclusion, the Commission unanimously recommends the im- mediate repeal of Ordinance No. 3-34 as amended, and the adoption by Council of the Zoning Ordi- nance and Zoning Map enclosed herewith. The Commission and staff also stand ready to lend whatever participation or assist- ance may be deemed desirable by Council in its own deliberations on the subject. CITY PLANNING AND ZONING COMMISSION Richard P. Friedman Chairman William A. Knapp Vice -Chairman Donald E. Sanders Secretary Allan A. Carew Duane R. Giesler Jean Hartness Lester J. Pihart Councilman Lundh moved that the communication of Planning & Zoning Commission be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Carol D. Rusch et al (36 signers), objecting to commer- cial zoning recommended on the N. J. Yiannias Property bordered by JFK Road and Catfish Creek, presented and read. Councilman Lundh moved that the petition be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Digman Realty Asso- ciates Inc., requesting rejection of the proposed Zoning Map as re- lates to the property on corner of Loras & Adair, because it is pres- ently offered for sale under the present Multiple Classification, Lots 1 & 2 in Woodlawn Park Addn., presented and read. Coun- cilman Lundh moved that the pe- tition be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. The following people addressed the Council and voiced their opin- ions and suggestions concerning the new proposed Zoning Ordi- nance. Eldon Digman, regarding the District Regulations: Question- ing inclusion of Agricultural Dis- trict in a City Zoning Ordinance; Possibly an oversight; That any owner be allowed by right to do what he wants to; Any annexed land should come In as Single 360 Special Session, July 28, 1975 Family Classification. Herb Dil- worth suggesting Classification R-3 for property across from football field at Senior High School in Edna Ferris Subd. would be best use of land. Objections to the Rec- reational Vehicle section of the Zoning Ordinance made by the following: W. L. Haught stating back yards are scarce—Violation of personal constitutional right; Adolph Wolf, owner of trailer 27' long, questioning why be limited to 20' under the ordinance; Ed Turnquist not agreeing on 20' lim- itation; W. Phillips being against trailer section; Bob Lehmann ob- jecting to 20' trailer section; Earl Marihart objecting to proposed section of trailer ordinance. Petition of Delos Dorweiler re- questing relief in the new Zoning Ordinance from the flashing mo- tion lights in his area at 2105 Ken- nedy Road, presented and read. Mayor Justmann moved that the petition be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque Board of Realtors objecting to the inclusion of an agricultural zone within the City Limits in the pro- posed new Zoning Ordinance, pre. sented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque Board of Realtors, Study Commit- tee, objecting to the inclusion of an Agricultural Zone within the City Limits in the proposed new Zoning Ordinance, 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Dubuqueland Camp- er Club, et al (65 signers), object. ing to the vehicular storage sec. tion of the Zoning Ordinance, pre. sented and read. Councilman Lundh moved that the petition be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Herbert E. Dilworth requesting to address the Council on the proposed Zoning Ordinance and presenting plat of "Edna Fer. ris Subdivision" and results of traffic count in the area; N. Grand. view Ave. between Auburn St. do N. Algona St., behind Senior High School, presented and read. Coun. cilman Lundh moved that the plat be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. The following addressed the Council regarding the Institution- al District section of proposed Zon- ing Ordinance. Robert Bertsch, representing Loras College, Uni- versity of Dubuque, and others, all institutions, stating boundary lines are inflexible to Loras College and University of Dubuque; Does in- hibit growth of institutions; Mt. Carmel should be classified 114. Msgr. Friedl of Loras College, stat- ing various terms need some defi- nitions; Would like work session regarding Parking Regulations. Dr. Peterson of University of Dubuque would like clarification of defini. tions. Dr. Giroux of Clarke Col- lege stated institutions by nature have different problems. Thomas Reid of Finley Hospital stated In- stitutional District is in conflict with Federal regulations; Hillcrest Property in R-3 Classification and plans are to construct homes, would like to be in Institutional District. The following spoke as being in favor of the proposed Zon- ing Ordinance. Janet Jones; Betty Sacco, League of Women Voters, requesting in residential area to reduce density requirements and support Preservation of historical Special Session, July 28, 1975 381 landmarks: and Dr. Weiblen of Wartburg Seminary, supporting proposed Ordinance. Councilman Brady moved to overrule recommendation of Plan- ning & Zoning Commission with respect to Yiannias Property Clas- sification from C-3 to R-5 as first proposed by the Commission. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays—Councilman Stackis. AN ORDINANCE establishing comprehensive 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, presented and read. Mayor Justmann moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Lundh. Vote on the motion was as follows: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Nays — Councilmen Meyers, Stackis. MOTION FAILED TO RECEIVE 3/4 VOTE OF APPROVAL BY COUNCIL. Mayor Justmann moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Lundh. Vote on the motion was as follows: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Nays — Councilmen Meyers, Stackis. MOTION FAILED TO RECEIVE VOTE OF APPROVAL BY COUNCIL. Mayor Justmann moved final adoption of the Ordinance as amended with the enforcement that the Recreational Vehicle pro- vision be held in abeyance for one year. Seconded by Councilman Lundh. Vote on the motion was as follows: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Nays — Councilmen Meyers, Stackis. I. MOTION FAILED TO RECEIVE 3/4 VOTE OF APPROVAL BY COUNCIL. Mayor Justmann moved that the Ordinance be placed on file for the next Council meeting. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. COUNCIL RECESSED AT 11:25 P.M. RECONVENED AT 11:40 P.M Petition of Peoples Natural Gas requesting permission to excavate at 1501 Rhomberg Ave. to repair leak, presented and read. Council- man Stackis moved that the re- quest be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Dubuque Human Rights Commission requesting time to address the Council to respond to Mayor Justmann's request to explain recent letter of commen- dation and to describe some of their activities, presented. Tom Tully, Jr., of the Human Rights Commission, addressed the Council stating performance of Human Rights staff has been ex- cellent. Matt Lorenz advised the Human Rights situation is good in City of Dubuque. Mayor Justmann moved that the petition of Dubuque Human Rights Commission be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of St, Anthony Messen- ger requesting permission to solicit magazine subscriptions, as in past years, presented and read. Council- man Stackis moved that the peti- tion be approved subject to the ap- proval of the City Manager. Sec- onded by Councilman Lundh. Car- ried by the following vote: 382 Special Session, July 28, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Bike -A -Thou request- ing sanction and support in pro- moting a Bike-A-Thon on October 5th to raise funds for Diabetes suf- ferers, presented and read. Coun- cilman Stackis moved that the pe- tition be approved subject to the approval of the City Manager. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing, to consider pro- posal to dispose of City owned real estate to Dubuque Lumber Co., presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 278.75 WHEREAS, pursuant to Resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a newspaper 6f general circulation published in the City of Dubuque, Iowa, on July 14, 1975, the City Council of the City of Dubuque, Iowa met on the 28th day of July, 1975, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Cham. bers, City Hall, Dubuque, Iowa, to consider proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter de. scribed, to Dubuque Lumber Com- pany; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or writ. ten, to the proposal to dispose of interest of City of Dubuque, Iowa in the hereinafter described real estate to Dubuque Lumber Com- pany; NOW THEREFORE BE 1T 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 estate, to -wit: Lot 1 of Lot IA in Town of Eagle Point in the City of Du. buque, Iowa to DUBUQUE LUMBER COMPA. NY for the sum of One Dollar ($1.00) and other good and valu. able consideration subject to the following terms and conditions: I. That the Dubuque Lumber Company shall grant to the City of Dubuque, Iowa, a twenty (20) foot wide easement in, over and across a portion of Lot 2 of Lot 337, part of 337A, part of Lot 337C and part of Lot 1 of Lot 1 of Lot 368 in Ham's Addition, Du. buque, Iowa, and said easement shall be a construction easement twenty (20) feet in width and shall exist for the duration of the con. struction work performed on the new Water Treatment Plant, said easement is shown on the at. tached Plat marked Exhibit "A". 2. City of Dubuque, Iowa shall grant an easement to Dubuque Lumber Company, in, over and across the easterly 43 feet of Lot 336 Ham's Addition, Dubuque, Iowa, said easement being twenty (20) feet in width and shall be for purposes of ingress and egress by Dubuque Lumber Company as ac- cess to its building by means of motor vehicles, said easement is shown on the attached plat marked Exhibit "A". 3. That the City of Dubuque, Iowa grant to Dubuque Lumber Company a revocable permit for the limited purpose of storing lumber and lumber supplies on the westerly one-half of Lot 25 in McCraney's Eagle Point Addition and that portion of Kimball Street from the east property line of Rhomberg Avenue to the west- erlymost tract of the Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company, and said revocable permit shall be for the storage of lumber and lumber supplies and shall exist contemporaneously with the construction easement hereto. fore specified to be granted to the City of Dubuque, Iowa by Dubuque Lumber Company. 4. That the conveyance by the City of Dubuque, Iowa shall be by Quit Claim Deed, no Abstract of Title shall be furnished and that Special Session, July 28, 1975 363 the purchaser pay all costs of plat- ting and costs of publication. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver decd of con- veyance conveying the above de- scribed real estate to Dubuque Lumber Company upon receipt of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of City Manager submitting report of the Rehabita- tion Program to be implemented under the Community Develop- ment Block Grant program, pre- sented and read. Councilman Lundh moved that the communi- cation be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 279-75 Declaring Intent To Establish A Community Developmelat Commission WHEREAS, the City of Dubuque is a recipient of Community De- velopment Block Grant funds through Title 1 of the Housing and Community Development Act of 1974, and WHEREAS, the primary objec- tive for the use of these funds is for the development of viable ur- ban communities including decent housing and a suitable living en. vironment and expanding economic opportunities, principally for per. sons of low and moderate income, and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to establish a Commun. ity Development Commission to de. velop, recommend and evaluate Community Development Pro- grams responsive to the needs of neighborhoods and the city at large; now therefore BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Council of the City of Dubuque hereby de. clares its intent to establish a Community Development Commis. sion composed of a membership that represents all elements of the community to assure full and fair participation in the Community Development Block Grant Program. Section 2. That the City Man- ager and appropriate members of the city staff are hereby authorized and directed in full consultation with neighborhood representatives to prepare a draft outline estab- lishing such a commission for early submission to the City Council for its consideration and adoption. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 280.75 Establishment of a Rehabilita. tion Commission for the City of Dubuque, Iowa WHEREAS, the City of Dubuque is undertaking a program of re- habilitation to improve the qual. 384 Special Session, July 28, 1975 ---------------- ity of individual properties and I of residential rehabilitation the living conditions in various and home improvement areas of the city: and lending programs through. WHEREAS, there exists in the out the City of Dubuque City of Dubuque persons and or- through the involvement of ganizations who possess technical neighborhood residents, the knowledge and skills in the fields private sector and local of finance, construction, remodel- government. ing and other related fields, all Il. Membership of which are essential for the on- going success of rehabilitation pro- A. The Rehabilitation Com. grams; and mission shall have a mem. WHEREAS, it is deemed to be in bership of not less than the best interest of the City of nineteen persons, and they Dubuque to create a Rehabilitation shall be appointed by the Commission to exercise such au- City Council of the City of thority which may be granted by Dubuque for terms of three the Council of the City of Du- years. Six of the initial ap. buque; now therefore pointments shall be for a BE IT RESOLVED by the City one-year term, six of such Council of the City of Dubuque, appointments shall be for a term of two years, and the Iowa: balance of such appoint. Section 1. That there is hereby ments shall be for a term created in the City of Dubuque, of three years. Upon com- Iowa a Rehabilitation Commission pletion of their term of of. to be governed by the City Coun- fice, members shall con. cil of the City of Dubuque. tinue to serve in their full Section 2. That the Rehabilita- capacity until a successor tion Commission shall have and has been duly appointed exercise that authority as set forth and qualified as provided in Exhibit "A"which is attached herein. hereto and made a part hereof. B. Membership on the Reha- Passed, approved and adopted bilitation Commission shall this 28th day of July, 1975. be limited to residents of C. Robert Justmann or to persons who are em - Mayor ployed in the City of Du - Alvin E. Lundh buque. Emil Stackis C. The membership of the James E. Brady Rehabilitation Commission Donald R. Meyers shall at all times to the ex - Attest: Councilmen tent practicable include the Leo F. Frommelt following representation. City Clerk 1. One each from each REHABILITATION COMMISSION bank and each savings and loan association OF THE maintaining an office CITY OF DUBUQUE, IOWA for the transaction of I. Purpose and Charge business in the City of A. The purpose of the Reha- Dubuque. bilitation Commission of 2. A real estate broker en. the City of Dubuque is to gaged in residential real perform and provide cer- estate. tain services in the field 3. A general contractor en - of community development gaged in the production as it relates to the conser- of residential structures, vation, preservation and re- 4. A remodeling contrac. habilitation of the housing for engaged primarily in stock of the City of Du. the rehabilitation, re, buque. pair and/or renovation B. The Rehabilitation Com- of residential structures. mission is charged with the 5. A building materials development and operation supplier. Special Session, July 28, 1975 385 6.A representative of a 1. Financial Resources building trades labor Committee organization. Development of local 7. An architect or an en- and other resources to gineer. finance rehabilitation 8. A representative of the loans and grants through Dubuque Low - Rent the use of Community Housing Commission. Development Block 9. A representative from Grant Funds; general each of two separately and other forms of rev - identifiable neighbor- enue sharing; private, hood organizations. public and non-profit 10. Citizens at large select- foundations; Iowa Hous- Hous- ed as closely as possible ing Finance Authority; and other public and from each of the four private sources. quadrants of the City of Development of a spe- Dubuque. cial revolving fund for D. A vacancy caused by res- persons considered to ignation or otherwise on be high-risk borrowers. the Rehabilitation Commis- Development of a man- sion shall be promptly agement system to as - filled by the City Council sure the maximum and for the unexpired term of efficient use of funds. office in the manner pre- scribed in Section Il A. 2. Public Information Com - hereof. mitt** E. Members of the Rehabili. Development of a pub- tation Commission shall at- lic informational pro. tend at least 66%% of all gram to interpret the regularly scheduled and rehabilitation program held meetings within any to secure the support twelve month period. If of the total community any member does not at- including but not lim- tend the prescribed num- ited to neighborhood ber of meetings, it shall meetings, public media constitute grounds, after presentations, mainte- hearing by the Rehabilita- nance of a speaker's bu- tion Commission, for the reau and the issuance said Commission to recom- of timely news releases. mend to the City Council The development of that said member be re- Community I m p r o v e - placed. ment Bulletins and oth- er means to secure par - F. No member of the Reha. ticipation by homeown- bilitation Commission may ers in the rehabilitation be an employee of the City program. of Dubuque. G. All members of the Reha. 3. Loan and Counseling Committee bilitation Commission shall serve without compensation Development of the except for reimbursement terms and conditions of necessary expenses, in- under which loans and eluding traveling expenses, grants are to be made incurred in the discharge including but not lim- of their duties. ited to determination of income and asset limita- III. Organization tions, periods of repay - A. The Rehabilitation Com- ment, interest subsidies mission shall maintain the and eligible costs. following Standing Commit- Review Board for the tees, each of which shall approval or disapproval be responsible for but not of applicants for reha- limited to the areas here- bilitation loans and inafter described. grants. 366 Special Session, July 28, 1975 Development of special counseling services for persons who are consid- ered high-risk borrow- ers. 4. Rehabilitation Standards and Technique Commit- tee Development of proper- ty rehabilitation stand- ards which are consist- ent with residential qualities, physical char- acteristics and other evidences of vitality to assure that rehabilita- tion activities will re- store neighborhoods to a long-term sound con- dition. Review of neighborhood plans to ascertain that blighting and deteriorat- ing influences which ad- versely affect housing conditions are identified and appropriately ad- dressed. Development of tech- niques and the use of new materials to accom- plish rehabilitation at the least cost. Development of "sweat - equity" programs. Development of a con- tinuing program to maintain rehabilitated individual properties. B. Each of the Standing Com- mittees shall be composed of not less than four mem- bers to be appointed by the Chairman of the Reha- bilitation Commission from the membership of the Commission. The Chairman of each Standing Commit- tee shall be named by the Chairman of the Commis- sion. C. There shall be an Execu- tive Committee composed of the Officers and the Chairmen of the Standing Committees to develop gen- eral program guidance and coordination among the Standing Committees. Meet- ings of the Executive Com- mittee shall be at the call of the Chairman of the Re- habilitation Commission. D. Each Standing Committee may appoint Task Forces as necessary for the purpose of carrying out one-time specific, specialized assign. ments of short duration, The Chairman of such a Task Force shall be a mem. ber of that Standing Com. mittee. Appointments to such Task Forces are not limited to members of the Rehabilitation Commission but may be made from the community at large. E. The Rehabilitation Commis. sion may adopt rules, by. laws and regulation govern- ing its organization and procedures as may be deemed necessary and which are not in conflict with this document or any other resolutions or ordi. nances of the City of Du. buque. F. All programs, projects and the services to be per- formed by members of the Rehabilitation Commission either singularly or as a Commission, must conform to the policies of the City of Dubuque and to applica- ble local, state and Fed- eral laws, rules and regu- lations. 1V. Meetings A. The Rehabilitation Com- mission shall hold an organizational meeting on a date selected by the Ma- yor of the City of Dubuque and a reorganizational meeting annually thereaf- ter. B. The Rehabilitation Com- mission shall meet not less than monthly on a regular day. C. Each Standing Committee shall be appointed in not more than fourteen days after the organization and/ or reorganization of the Rehabilitation Commission. Each Standing Committee shall meet not less than monthly on a regular day. D. The Rehabilitation Com- mission shall file with the City Council a copy of the minutes of each regular and Special Session, July 28, 1975 367 special meeting of the Com- mission within ten working days after each such meet- ing. E. The Rehabilitation Com- mission shall also file with the City Council from time to time but not less than quarterly, a narrative re- port of their activities in- cluding financial and sta- tistical data which may be necessary for the City Council to understand all of the undertakings of the Commission. F. A majority of the Commis- sioners shall constitute a quorum for the purpose of conducting business and exercising such powers as delegated to them by the City Council. Action may be taken by the Rehabilitation Commission upon a major- ity vote of the Commission- ers present, unless in any case the by-laws of the Commission shall require a larger number. V. Staff A. The Rehabilitation Super- visor of the Department of Community Development for the City of Dubuque shall act as Secretary of the regular and special meet- ings of the Rehabilitation Commission and shall re- cord all votes, keep a rec- ord of all proceedings of the Commission and per- form such other duties in- cident to the office of Sec- retary. B. The Director of the Depart- ment of Community Devel- opment shall have general supervision of the adminis- trauon and affairs of the Rehabilitation Commission, subject to the direction of the Commission. The Di- rector shall maintain the records of the Commission and shall be charged with the overall management, administration and opera. tion of all rehabilitation programs. Councilman Lundh moved adop- tion of the resolution as amended in Articles, Page 5, Section 5A. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Invitation for proposals for the purchase and redevelopment of certain parcels of real estate in the Urban Re- newal area, presented and read. Mayor Justmann moved that the proof of publication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Five Flags Civic Center Fund, advising of im- mediate purchase of easterly one- half of block bounded by Main, 5th, Locust & 4th Streets on staged takedown basis and westerly one- half of block within 18 months, presented and read. Mayor Just - mann moved that the communica. tion be received and filed. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 281-75 Declaring Intent To Sell a Por- tion of the Downtown Urban Re. newal Project, Iowa R-15, to Du- buque Five Flags Center Fund. WHEREAS, under date of June 23, 1975, the Council of the City of Dubuque adopted Resolution No. 236-75 which approved and authorized the receipt of propos. als for the sale and redevelopment of a certain parcel of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, pursuant to said res- olution, a notice of Invitation for Proposals was published in the Telegraph Herald, a newspaper of general circulation in the City of Dubuque, Iowa, June 26, 1975, and July 3, 1975; and WHEREAS, inresponse t t pur offfor ering, a p opo chase and redevelopment of the 368 Special Session, July 28, 1975 real estate was received from Du- buque Five Flags Center Fund: and WHEREAS, pursuant to Chapter 403 of the Code of Iowa, as amend- ed to date, and certain regulations of the United States Department of Housing and Urban Develop- ment, certain documents must be made available for public inspec- tion and a public hearing conduct- ed; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Block 15 in Dubuque Downtown Plaza also known as Disposition Parcels 11.1, 11-2, 11.3, 11.5, 11-7, 11.8, in the Downtown Urban Re- newal Project, Iowa R-15, to Du- buque Five Flags Center Fund in accordance with the terms and con. ditions of the Land Marketing Doc- uments governing such sale on file in the office of the Department of Community Development. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of pub- lic hearing to be held on Septem- ber 2, 1975, and to make certain documents available for public in- spection. Such notice shall be sub- stantially in the form of "Exhibit A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the Code of Iowa, as amended, the City Council of the City of Du- buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreement/s after the completion of the public hearing by and between the City of Du- buque and the developer/s herein. after listed for the purchase and redevelopment of certain parcels of real estate located in the Down. town Urban Renewal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south. Central Avenue on the east, Ninth Street on the north, and Locust Street on the west. Name of Developer — Dubuque Five Flags Center Fund, 622 Du- buque Building, Dubuque, Iowa 5'2001. Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 P.M. on the 2nd day of September, 1975, and any person or organization desiring to be heard will be given an opportun. ity to be heard on the question of the proposed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form pre. scribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said de- velopers are on file and available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays, and holidays. Said documents shall also be available at the time of the public hearing. The "Redeveloper's Statement for Public Disclosure" discloses among other things, the name of the redeveloper, and as the case may be, the names of its officers and principal members, sharehold- ers and investors, and other par- ties having an interest of 10 per- cent or more in the redeveloper. 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, Meyers, Stackis. Nays—None. July 24, 1975 Honorable Mayor and City Council The Iowa Office of Planning and Programming has informed us that $7,602 has been made available Special Session, July 28, 1975 369 under Comprehensive Employ- ment and Training Act, Title II for unemployed residents of the City of Dubuque for FY '76. The Office of Planning and Pro- gramming has notified us that we are eligible to function as an agent for administration of these funds for the City of Dubuque. We believe that it is advisable that we assume this responsibility as a service to the community. The Title I1 funds are available to the community when unemployment exceeds 6%% for three consecutive months be- tween September and May. Our lat- est unemplovment figures (month of May) indicate that the unem- ployment rate for Dubuque Coun- ty was 8% and there were 3,400 people unemployed. Even though the City would function as Program Agent a per- centage of these funds would be available to other governmental units and nonprofit agencies with- in the City. For administration of the Program the City would be eli- gible for 10% of the total funds to defray costs incurred by the City. We believe this is a service that should be performed by the City. We would recommend your adop- tion of the attached Resolution au- thorizing the Mayor to sign a let- ter committing the City to the re- sponsibility of Program Agent. 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 Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 282.75 Resolution Authorizing the Ma- yor 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. WHEREAS, the Federal govern- ment has enacted the Comprehen- sive Employment and Training Act, Title II, and has made funds avail- I. able to employ unemployed peo- ple: and WHEREAS, funds in the amount of $78,602 have been made avail. able for the unemployed residents of the City of Dubuque for FY '76; and WHEREAS, the Governor of the State of Iowa, through the Office for Planning and Programming, has identified the City of Dubuque as eligible to be Program Agent; and WHEREAS, it would be a bene- ficial service for the community if the city would assume the re- sponsibility as Program Agent for the Comprehensive Employment and Training Act of 1973, Title H Program for the City of Dubuque for FY '76. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that the Mayor be authorized to sign a letter stating that the City of Dubuque will assume the respon- sibility of Program Agent for the administration of the Comprehen- sive Employment and Training Act of 1973, Title II, for the City of Dubuque for Fiscal Year 1976. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vot: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. July 24, 1975 Honorable Mayor and City Council The Dubuque Transit Authority will, within the next 30 1 cat on withheyState filing an app of Iowa Department of Transpor- tation for transit system operating funds. This application will re- quest assistance under Section 5 of s Transportation Act ofeUrban 1964 in he amount o $209,807. 370 Special Session, July 28, 1975 The attached Resolution author. izes the Chairman of the Transit Authority to file an application with Iowa DOT for operating as. sistance. Additionally the Resolu. tion authorizes the Chairman of the Transit Board and members of the Transit Authority to make avail- able whatever information neces- sary to the Department of Trans. ative to information request d inrtation lthe grant application. At a later date, after the ap- plication has been filed and re- viewed for completeness, you will be requested to schedule a Public Hearing. Certification of the Pub - Hearing must be submitted before final approval will be granted. Your adoption of the Resolution is recommended. Francis A. Murray Assistant City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 283-75 Resolution Authorizing the Fil- ing of an Application with the Department of Transportation, State of Iowa, for a Grant under the Urban Mass Transportation Act of 1964, as amended. WHEREAS, the Secretary of Transportation, U. S. Department of Transportation, is authorized to make grants for mass transporta- tion projects; and WHEREAS, the Governor of the State of Iowa has been designated as the recipient of Section 5 Op- erating (transit) Funds for ur- banized areas under 200,000 popu- lation; 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 the 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 assurance that it will comply with Title VI of the Civil Rights Act of 1964, and the U.S. Department of Transportation requirements thereunder; NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa as fol. lows: Section 1. That the Chairman of the Dubuque Transit Authority is authorized to execute and file an application with the Iowa Depart- ment of Transportation, to aid in financial assistance under the Ur. ban Mass Transportation Act of 1964, as amended. Section 2. That the Chairman of the Dubuque Transit Authority is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transpor- tation effectuating the purpose of Title VI of the Civil Rights Act of 1964. Section 3. That William Kohler, Manager of the Dubuque Transit Authority, is authorized to furnish such additional information as the Iowa Department of Transports- tion or the U. S. Department of Transportation may require in con- nection with the application for the project. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Application for transfer of Class "B" Beer Permit of Dubuque Jay- cees aytees from 1023% Main Streetto McAleece Field from July 30, 1975 to August 18, 1975, presented and Special Session, July 28, 1975 371 read. Councilman Stackis moved that the transfer be granted. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—Councilman Brady. RESOLUTION NO. 284.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW TIiEREFORE 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 Imperial Lanes, Inc., 3505 Stone. man Road (also Sunday Sales) Passed, adopted and approved this 28th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundli. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 285.75 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 i Dubuque, Iowa, that the Manager he authorized to cause to be is- sued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Imperial Lancs, Inc., 3505 Stone. man Road (also Sunday Sales) Passed, adopted and approved this 28th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 286.75 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 Thompson's Food Markets, Inc., dba Iron Kettle Deli, 1236 Iowa Street (Also Sunday Sales) Passed, adopted and approved this 28th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by 372 Special Session, July 28, 1975 ---------- Councilman Lundh. Carried by the Herbert Bisping, 1401 Elm Street following vote: Phillip Langas, 1105 Loras Blvd. Yeas — Mayor Justmann, Coun- Clark Oil Co., 1005 Dodge Street cilmen Brady, Lundh, Meyers, passed, adopted and approved Stackis. this 28th day of July 1975. Nays—None. C. Robert Justmann RESOLUTION NO. 287-75 Mayor WHEREAS, applications for Beer Alvin E. Lundh Emil Stackis Permits were filed by the within James E. Brady named applicants and they have Donald Meyers received the approval of this Coun- Councilmen cil; and Attest: WHEREAS, the premises to be Leo F. Frommelt occupied by such applicants were City Clerk inspected and found to comply with the Ordinances of this City Councilman Stackis moved adop. and they have filed proper bonds: tion of the resolution. Seconded NOW THEREFORE BE IT RE- by Councilman Lundh. Carried by SOLVED by the City Council of the following vote: the City of Dubuque, Iowa, that Yeas — Mayor Justmann, Coun- ounthe theManager be authorized to cause cilmen Brady, Lundh. Meyers, to be issued to the following named Stackis. applicants a Beer Permit. Nays—None. CLASS "B" BEER PERMIT There being no further business, Thompson's Food Markets, Inc., Councilman Stackis moved to ad• dba Iron Kettle Deli, 1236 Iowa burn. Seconded by Councilman Street (also Sunday Sales) Brady. Carried by the following vote: Passed, adopted and approved yeas — Mayor Justmann, Coun- this 28th day of July 1975. cilmen Brady, Lundh, Meyers, C. Robert Justmann Stackis. Mayor Nays—None. Alvin E. Lundh Emil Stackis Leo F. Frommelt James E. Brady City Clerk Donald R. Meyers Councilmen November 3 Attest: Approved ....................................1975. Leo F. Frommelt City Clerk Novernher Councilman Stackis moved adop- Ad.............................3..1975. tion of the resolution. Seconded by Councilman Lundh. Carried by the „U.. . .......... following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers,..... . ........ . Stackis. Nays—None. ` RESOLUTION NO. 288-75 . ... ............... . . BE IT RESOLVED by the City ....... ... Council of the City of Dubuque, Iowa, that the following having complied with the provisions of rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers Attest: ..... within said City. City Clerk Approved November 3 1975 Adopted November 3, 1975 Regular Session, August 4, 1975 373 CITY COUNCIL OFFICIAL Regular Session, August 4, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelie. Mayor Justmann read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING OF THE COUNCIL called for the purpose of acting upon such busi. ness as may properly come before the meeting. Communication of Knights of Columbus requesting Mayor to de- clare the week of August 18th, 1975, as Mental Handicapped Week in support of their "Tootsie Roll" Project, presented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Lundh. Carried by the fol. lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Members of the KC's addressed the Council relative to the com- munication and urged support of the project from the Council. Councilman Lundh moved that the communication of the Knights of Columbus be received and filed and the week so proclaimed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque Bi- centennial Committee requesting time for the Citizens Committee formed to honor U. S. Corps of Engineers, also to explain the Planned days of August 9, 10 and 11 for the visit of the Tugboat "Sergeant Floyd," presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. 1, Report by Thomas E. Rawson on the Dubuque Tri-State Bridge Proj- ect, submitting a list of Federal Highway Administration require- ments which have been met for a Dubuque -Wisconsin Bridge Proj- ect, presented and read. Council- man Lundh moved that the report be received and filed and referred to the Bridge Committee. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 32.75 AN ORDINANCE establishing Comprehensive Zoning and official Zoning Map for the City of Du- buque, Iowa, and providing for the Administration, Enforcement and Amendment thereof, in accord- ance with the provisions of Chap- ter 414, Code of Iowa 1975, and for the repeal of all Ordinances in conflict herewith, said Ordinance having been previously presented and read at the Council meeting of July 28, 1975, presented for further discussion and considera- tion. Communication of West Side Business & Professional Associa- tion of Dubuque, Inc., requesting referral of action on the proposed Zoning Ordinance until Council has had an opportunity to meet with them, presented and read. Coun- cilman Meyers moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Key City In- vestment Co., requesting C-3 Zon- ing Classification on approx. 14 acres of land on J.F.K. Road, pre- sented and read. Mr. N. J. Yiannias addressed the Council relative to the request, stating Key City In- vestment Co. spent significant sums of money to have area zoned as Business Classification; Reclas- sification is arbitrary and unrea- sonable. Councilman Meyers moved that the communication of Key City Investment Co. be received and filed. Seconded by Councilman Brady. Carried by the following vote: 374 Regular Session, August 4, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Dave Setter of the Washington Street area, addressed the Council, objecting to the rezoning from 17th, 18th, 19th and Washington Streets; 12 properties remain Light Industrial Area. Councilman Brady moved that the recommendation of the Plan- ning & Zoning Commission relating to Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Rudolph's Farm in Section 27, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa, owned by James Yiannias, where- in said recommendation recom. mends changing the classification of said real estate from R-5 Dis. trict Classification to C-3 District Classification and further recom. mending the change of the Zoning Map accordingly be overruled and that it be further moved that the said above described real estate be classified and designated as an R-5 District Classification and the official Zoning Map of the City of Dubuque, Iowa, so classify and designate said real estate accord- ingly as R-5 District Classification. Seconded by Councilman Meyers. Vote on the motion was as fol- lows: Yeas — Councilmen Brady, Lundh, Meyers. Nays—Mayor Justmann, Coun- cilman Stackis. MOTION FAILED TO RECEIVE 9/4 VOTE OF APPROVAL BY COUNCIL. Councilman Lundh moved to re- consider vote just taken. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays --Councilman Stackis. Councilman Brady moved that the recommendation of the Plan• ning and Zoning Commission re, lating to Lot 1 of Lot 1 of Lot l of Lot 1 of Lot 1 of Rudolph's Farm In Section 27, Township 89 North. Range 2 East of the 5th P.M. is the City of Dubuque, Iowa owned by James Yiannias where in said recommendation recom mends changing the classificatior of said real estate from R-5 Dis trict Classification to C-3 Distric Classification and further recom nending the change of the Zoning Rap accordingly be overruled and hat it be further moved that the aid above described real estate le classified and designated as an t-5 District Classification and the Ifficial Zoning Map of the City if Dubuque, Iowa, so classify and lesignate said real estate accord• ngly as R-5 District Classification. ieconded by Councilman Meyers. tarried by the following vote: Yeas — Mayor Justmann, Coun. .ilmen Brady, Lundh, Meyers. Nays—Councilman Stackis. Councilman Meyers moved that the rule requiring that an Ordi. nance must be received and filed at two (2) meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun• cilmen Brady, Lundh, Meyers. Nays—Councilman Stackis. COUNCIL RECESSED AT 9:30 P.M. RECONVENED AT 9:40 P.M. Councilman Brady moved that the Zoning Ordinance and Official Map of the City of Dubuque, Iowa, being Ordinance No. 32-75, to- gether with the official Zoning Map of the City of Dubuque, Iowa, dated August 4, 1975, be adopted; subject that the property abutting Kebbie and Bies Drive described as Lots 2 through 7 inclusive of Block 2; Lots 2 through Lot 13 in- clusive of Block 3; and Lots 2 through 12 inclusive of Block 6, all in C. J. Bies Subdivision in Section 28 Township 89 N. R2E of 5th P.M. be zoned and classified R-2 in lieu of the C.3 classification, and the Zoning Map is hereby or- dered changed accordingly and the clerical changes be hereby adopted, as shown on attached "Exhibit A." Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ALL ORDINAWLca —--- HEREWITH. WHEREAS. Chapter14f the e o1 lows 1975 empow@► the Regular Session, Anrust 4, 1975 ;;,; buque. Iowa to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and WHEREAS, the City Council deems It necessary for the purpose of promoting the health, safety, morals and general welfare of the city to enact such an ordinance. and WHEREAS, the City Council pursuant to the provisions of Chapter 414 of the Code of Iowa 1975 has appointed a Zoning Commission to recommend the boundaries of the original districts and appropriate regulations to be enforced therein, and WHEREAS, the Zoningp Commission has divided the City into tllsiricts of such number, shape and area as are deemed best suited to carry out the purposes of this ordinance and has prepared requ Iations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets. to secure safety from fire, flood, panic, and Other dangers, t0 ppromote health and the general welfare, F provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of popula- tion, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and 0tner public require merits, and WHEREAS, the Zoning Commission has given reasonable consideration, among other things, to the character of the area Of the district and the peculiar suitability of such area for particular uses, with a view to conserving the value Of buildingS and encouraging the most appropria a use Of land throughout the City; and WHEREAS, the Zoning Commission has made a preliminary report and held public hearings thereon, and has there after submitted its final report to the City Council, and WHEREAS. the City Council has given due public notice Of hearings relating to zoning districts, regulations, and restrictions, and has held Such Public hearings; and WHEREAS, all requirements of Cha pp ter 411 Code of Iowa 1975 with regard to the preparation of the report of the Zoning Commission and subsequent action Of the City Council have been met, NOW THEREFORE BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ARTICLE I —ESTABLISHMENT OF DISTRICTS. PROVISIONS FOR OF FICIAL ZONING MAP AND INTER- PRETATION AND AMENDMENT THEREOF SECTION 1101—ESTABLISHMENT OF DISTRICTS To effectuate the purposes of this Ordi nance, the following districts are here by established. 1.101.1—Residential Districts 1. R 1 Residential District 2. R 2 Residential District 3. R 3 Residential District 4. R 4 Residential District S. R Residential District 1.101.1—Office Districts 1. OR 1 Office Residential District 2. (reserved for future use) 11Ot.3—Spacial Purpose Districts I. PUO Planned Unit Development Dis trict 2. 1 D Institutional District 3. (reserved for future use) 1.101.4 --Commercial Districts I. C I Neighborhood Commercial Dis trio 2. C 2 Local Service Commercial Cis trict 3. C 3 Arterial Business Commercial District 4. CJ General Commercial District S. C 5 Central Business District 6. C 6 Planned Commercial District 1.101.$—Industrial Districts 1. L 1 Light Industrial District 2. H I Heavy Industrial District 3.(reserved for future use) SECTION 1102—OFFICIAL ZONING MAP 1107.1—Adoption o1 Official Zoning Mapp The City Is hereby divided into distric is as Shown on the Official Zoning Map, which together with allexp lanatory matter thereon, is hereby adopted by reference and declared t0 be a part of this Ordinance. 1-101.7—IdentlHOation and Location of The by 8f1Zcial onngoMapfShall be ides Atter by the signature of the Mayor, aftlstltl by the City Clerk, and bearing the seal of Me City of Dubuque, Iowa, under the following words"This Is to certify thaI'his is the Official Zoning Map referred to in Article I of Ordinance No 3275 Of the City of Dubuque, Iowa" together with the date of adoption of this ordinance. Such Official Zoning Map shall be located in the office of the Zoning Administrator. 1.107.}—Amendmentyof Official Zoning I accordance wN th the provisions of oris Ordinance and Chapter 414, Code Of Iowa 1975, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such Changes shall be entered on the Official Zoning Map promptly after the amendment has been ap rOved by the City Council, wlih an entry on the Official Zoning Mag as folio On (date), by officikl action of the City Council, the following changes were made in the Official Zoning Map (brief description of Change)," which entry shall be signed b the Mayor and attested by the City C erk, No amendment 10 this ordinance which involves matter portrayed on the Official Zoning Map shall become effec- tive until after Such change and entry has been made On such map, NO changes of any nature shall be made on the Official Zoning Map or mat ter shown thereon except in conformity with the procedure set forth in this ordinance. Any unauthorized change of whatever kind by any person or per Sons Shall be considered a violation Of this ordinance and punishable as pro video in Article IX of this Ordinance. 1107.4—Replacement Of Official Zoning Map In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map. The new Official Zoning Map may correct draffinp or other errors or ommissions in the prior Official Zoning Map, but no such corrections Shall have the effect Of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the Signature Of the Mayor alleSted by the City Clerk, and bearing the seat of the City of Dubuque, Iowa, under the following words "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted On August i, 1975 as part of Ordinance No 3275 of the City of Du buque, Iowa." ARTICLE II. NON CONFORMING LOTS, USES OF LAND, USES OF STRUCTURES AND PREMISES, AND CHARACTERISTICS OF USE. AMOR TIZATION PROVISIONS SECTION 2-101—GENERAL STATE- MENT OF INTENT Within the districts established by this ordinance or amendments that may later be adopted there exist 1. lots, 2. structures, 3. uses of land and structures; 4. Characteristics Of use, which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, Or re stiicted under the terms of this Ordi nance or future amendment It is the intent of this ordinance to discourage the continuance of SUCh non confornll lies and, in some cases, to require their removal within a reasonable ppeeriod Of time. It is further the intent Of th15 ordinance inat existing non Con formities shall not be enlarged upon, expanded os r addingother used as gundfor addg structures or uses prohibited elsewhere in the same district SECTION 2107—EXTENSION OR EN LARGEMENT OF IN NON-CONFJRMITIES, NERAL Non conforming uses are declared by this ordinance t0 be Incompatible with permitted uses in the districts involved, A non conforming use Of a structure, a 376 Regular Session, August 4, 1975 yon.0ontorming use of land, or a non «combination shallformig use of extended structure o inr enlarged after passage of this ordinance es :radditional onal signs intended to be seen from off the premises, or by the addition of other useswould of a nature which wld be prohibited, generally in the district involved. To avoid undue hardship, nothing in this ordinance shall be deemed to re Uile a Change in the plans, construe inn, c,r designated use of any building on which actual construction was law fully begun prior to the effective date of adoption or amendment Of this Ordi nance and upon which actual building li gentlyActualc construction has onstructiiones hereby defined to include the placing of con struction materials in permanent posi tion and fastened in a permanent manner SECTION 2.103—NOW-CONFORMING LOTS OF RECORD In any district in which single family dwellings are permitted, a single family dwelling and customary accessory buildings may be erected on any single 101 Of record at the effective date 01 adoption or amendment of this Ordi- nance, notwithstanding limitations im Posed by other provisions of this ordi nance Such lot must be in separate ownership and not of continuous front age with other lots in the same Owner ship. These provisions shall apply even (hough Such 101 faits 10 meet the re %'rements for area or width, or both. that are generally applicable in the district, provided that yard dimensions and requirements other than those a lying to the area or width, or both. Of the lot shall conform 10 the reyula lions for the district in which SUCK 101 is located If two or more Ints or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time Of passage or amendment of this Ordinance. and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and n0 portion of said parcel shall be used or sold in a manner which diminishes Com pliance with lot width and area require menu established by this ordinance, nor shall any division Of any parcel be made which creates a 101 with width or area below the requirements stated in this ordinance. SECTION 2.104—NONCONFORMING USES OF LAND (OR LAND WITH MINOR STRUCTURES ONLY) Where at the time of passage of this ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where such use Involves no indi vidual structure With a replacement cost exceeding one thousand dollars (fI,000), the use may be continued so ion as it remains otherwise lawful, subject to any applicable provisions of that, 2-104.1—No such nonconforming use Shall be enlarged or Increased nor extended to occupy a greater area of land than was Occupied at the effective date of adoption or amendment of this ordinance, and 2-101.2—No such nonconforming use Shall be moved in whole or Inpart to any portion Of the lot Or parcef other than that occupied by such use at the effective date of adoption or amend ment 01 this ordinance, and 2.104.3—If any such non conforming use of land ceases for any reason for a period of more than 20 tlays, any sub Sequent use of such land shall conform to the regpulations specified by this ordinance for the district in whiCh such land is located, except as otherwise provided under Section 2 106 3 of this Article, and 2-101.1—No additional structure shall be erected in Connection with such non conforming use of land SECTION 2-105—NON-CONFORMING STRUCTURES Where a lawful structure exists at the effective date of adoption or amendment Of this ordinance that Could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, Its location on the lot, or other requirements Con cernlnq the structure, such Structure may be continued so long as it remains otherwise lawful, subject to any appli cable provisions of Section 2 109 of this Article, provided the 2103.1—No such non conforming strut lure may be repaired, reconstructed, enlarged or alteredin a way which increases its non conformity, ut any structure Or portion thereof may be altered to decrease its non conformity. 2105.2—Should such non conforming structure or non conforming portion of structure be destroyed by any means to an extent of more than fifty per Cent (50 per Cot) of Its replacement cost at time Of destruction, It Shall not be recon strutted except in conformity with the provisions of this ordinance, except as may be allowed by Section 21057 2 I03.2—Repair and Reconafruclion if Certain Non Conforming Residential Structures Permitted 2105.7.1—Statement of Intent The provisions Of this ordinance are Intended to preserve property value%, avoid hardships to property owners, and promote the conservation of cer fain pre existing, non conforming res, dential dwelling units built on unusually narrow lots by allowing the total recon struction Of Such Structures when they are substantially destroyed by accident or act of God The limited exemption from district regulations authorized by this Section should be narrowly con struefl, and nothing in this section should be interpreted as authorizing any change in an existing Or hereafter reconstructed structure which would increase in any manner or degree such structure's non conformity With the provisions of this ordinance 2.10S.3.2—Reconstruclton Of Certain Non Conforming Residential Structures Permitted, Subject to Conditions In the event of destruction to an extent exceeding fifty per cent (50 per cent) of its replacement valueany single tam fly dwelling. duplex, townhouse, or multiple family dwelling containing not more than four (a) dwelling units may be reconstructed to its former con dltion and dimensions without regard to the yard, bulk or lot requiremer:s of this ordinance, but only provided that 1) Such destruction was caused by an accident or act of God occurring after the effective date of this Ordi nance. and 2) The structure is appermitted strut lure in the district in whiCh it is located and was in existence prior to the effective date Of this ordinance, and 3) The lot on which the destroyed dwelling Is located is not of continuous frontage with any other lot held in the Same Ownership. and 41 The lot on which the destroyed structure Is located has a frontage Of not more than forty (40) feet, and S) The reconstructed structure does not Increase its prior non conformity in any manner or degree with regard to the number or size of dwelling units, required yards Or lot area, required off street parking spaces, or other pro visions of this ordinance. The burden of proof shall be upon any person seeking to rely on these Provisions to demon strafe to the Zoning Administrator that the reconstructed structure will not further increase its non conformity with this Ordinance SECTION 2.104—NONCONFORMING USES OF STRUCTURES OR OF STRUCTURESND NAT PREMISES IN it lawful use involving individual strut l 1 one thousand (Jolters (%1,000) or More. or of structure and premises in cOtnblllaf'rf exists at the effective date of adoption or amendment of this ordinance, t hat would not be allowed in the district under he. awful use may be terms el continued edl sono gt as II remains otherwise lawful, subject 10 any 2 tog C, th saArticle, and fpl ro dedethatn 2 106.1—No existing str u„ u redingote In a use not permitted by The City of Dubuque Iowa Composite Zoning Map Note: The official Zoning Map is located in Office of the Zoning Administrator in the Dubuque City Hall and is available for public inspection during regular business hours. The City of Dubuque Iowa Composite Zoning Map Note: The official Zoning Map is located in Office of the Zoning Administrator in the Dubuque City Hall and is available for public inspection during regular business hours.R. P • Regular Session, August 4, 1975 377 the district In which It IS located shall be enlarged, extended, construct". re constructed, moved, or structurally altered except In changing the use of the Structure to a US! permitted in the district m which it is located; 2106.2—Any nonconforming use may be extended throughout any par15 of e building which were mans e311y ar ranged or designed for such use at The time of adoption or amendment of this ordinance but no Such use Shall be extended to Occupy any land outside such building. 2106.3—A Conditional Use Permit may be obtained to allow any nonconforming use of a structure or O a structure and premises to be changed to another non conforming use, but only in accord ante with the applicable provisions of Article VI Of this Ordinance. 2 106,6—Any structure, or Structure and land in combination, in or on which a non conforming uses superseded by a permitted use, shall thereafter con form to the regulations for the district, and the non conforming use may not thereafter be resumed, 2.106.5—When a non conforming use of a structure, or structure and premises in combination .s discontinued or aben doned for six consecutive months or for 1B months during any three year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, Shalt not thereafter be used except in conformity with the regulations Of the district in which it is located, except as otherwise provided under Section 2 106.3 Of this Article 2106.1—Where non conforming use sta tus applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non conforming status of the land Destruc tion for the purpose of this subsection is defined as damage to an extent of more than SO per cent Of the replace meet cost at the time Of destruction. 2106.7—Any lawful use Of a structure, or of a structure and premises in combi nation made nonconforming by the adoption or amendment of this Ordi hence may be continued as herein Prescribed. and Such non conforming status shall not be grounds for denial of any permit, license, or other official authorization necessary for confinu an(e Of Such non conforming use. Any lawful non conforming business use shall be deemed fo be within a business district for the purpose of issuance of required permits or licenses. Nothing In Phis provision shall be interpreted to Permit the establishment of any non conforming use not In lawful existence on the date of adoption or amendment Of this ordinance SECTION 2.107—LIMITATION ON RE- PAIRS AND MAINTENANCE OF STRUCTURES OR PORTIONS OF STRUCTURES CONTAINING NON CONFORMING USES On any structure or portion of a Structure which contains a non con forming use, work may be done in a%v period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement Ot non bearing walls, fixtures, wiring, or plum Ping, to an extent not exceeding 10 per cent of the current replacement cost Of the structure or portion of the structure containing a nonconforming use as the case may be. If a structure or portion of a structure containing a non conforming use be comes physically unsafe or unlawful clue t0 lack of repairs and maintenance, and 15 declared by any duly authoriled Official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored. repaired, or rebuilt except in conformity with the regulations Of the district in which II is located SECTION 2 106—USES UNDER CON. DITIONAL USE PERMIT PROVIS IONS NOT NONCONFORMING USES Any use which is permitted as a Can Mitchel Use in a district under the terms of this ordinance (other than a change through Board of Adjustment action from a non conforming use t0 another non conforming use not general) r miffed in the district) shall not be deemed a non conforming use in such district, but shall without further action W considered a conformingv use SECTION 2 101—AMORTIZATION (Reserved forPROureI se) ARTICLE III. GENERAL PROMs IONS SECTION 2101—CONSTRUCTION In the construction Of Words and phrases used in this ordinance, the follow' ngG rules shell be observed and appfled, except where a different construction IS clearly required by the context. 3-101.1—Words used in the present tense shall include the future. 3101.2—Words in the singular number include the plural number, and words in the plural number Include the singular number 3101.3—The phrase "used for" shall include the phrases "arranged tor", "designed for" "intended for "main teined for", and "occupied for 3.101.4—The word "shall" is manta tar y 3101.5—The word "may" is permissive. 3101.6—The Word "Board" means the Board of Adjustment of the City of Dubuque, Iowa. 3101.1—The word "Commission" means the Planning and Zoning Com mission of the City of Dubuque, Iowa, 3 101 e --Measurement: unless Other wise specified, all distances shall be measured horizontally and shall be expressed to the nearest integral foot. If a fractional distance is one half foot (.S') or less, the preceding or lesser integral foot measurement shall control. 3.101.1—In the case of any difference of meaning or implication between the text of this ordinance and any caption, title, or heeding contained herein, the text shall control. 3101.10—Statements of Intent to Guide Construction of Ambiguous Provisions: Whenever there is doubt or ambiguity concerning the meaning or intent of a provision of this ordinance, such pro vision shall be s0 construed and inter preted as to most closely effectuate the relevant Statements of Intent set forth in this ordinance. SECTION 3102—RULES GOVERNING THE INTERPRETATION OF THIS ORDINANCE 3102.1—Minimum Requirements: In their interpretation and application, the provisions Of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience, comfort, prosperity and geoeral welfare. 3102.2—overlapping Or Contradictory Regulations: Where the conditions imposed by any provision OI this Ordinance upon the use of land, buildings or structures are either more restrictive or less resint: five than comparable conditions im posed by any other provision of this Ordinance or of any Other law, ordi nance, resolution, rule or regulations of any kind, the regulations which are more restrictive shell govern. 3102.3—Private Agreements: This ordinance is not intended to abro gate, annul or Otherwise interfere with any easement, covenant Or any other private agreement or legal re. letionship; provided, however, that where the regulations of this Ord, hence are more restrictive or impose higher standards or requirements than such easement, covenant or other or, vete agreernenl or legal realtionship, the regulations of this ordinance shall govern 3102.1—Unlawful Uses: No building, strucfuF e, or use which was not lawfully existing at the time of the adoption Of this ordinance shall become or be made lawful solely by reason of theadoption of this ordinance; and to the extent that, and In any respect that, said unlawful bulltling structure Conflictor Use is in uire ments of this ordinance,hsald building, structure or use remains unlawful hereunder. 3 102.5—Not A Licensing Ordinance. Nothing contained in this ordinance shall be deemed to be a consent, license or permit to use any property or to locate. construct or maintain any build any s trade. i Or facility occupr to a Tony on Or activity 378 Regular Session, August •1, 1975 3.107,6—cumulstive Provisions: The provisions Of this ordinance are cumulative and additional limitations upon all Other laws and ordinances, heretofore passed Or which may be passed hereafter, governing any subiect matter in this Ordinance Section 3107.7—Sfparapility: it is hereby declared to be the intention of the City Council Of the City O1 Dubuque that the several provisions of this ordinance are separable, in accordance with the following 1) II any court of competent juris diction shall adjudge any provision of menuch this tr Shadinll nolo be affect a any sotherU pro visions of this ordinance. 71 II any court of competent furls diction shall adjudgisronaotl the awdi li cation o1 any nance t0 a particular parcel of land, a building Or Other structure, such judge meet shall not affect the application 01 said provisions t0 any other parcel Of land, building or structure SECT SON COPEIOF REGULATIO S AND 3.103.1—Principal Permitted Uses No building, structure, or part thereof, shall hereafter be built, moved or re modeled, and no building, structure or land shall hereafter be used. occupied. operated or designed or use or Oc cuppancy except for a use Mat is lisletl as a principal permilted use or accessory use under the district requ lations for the zoning district in which The building, structure or land is located. No principal permitted Use alreadyestablished On the effective mate odifiedhisf I ordinance Oenla ped so shall as o confetlt with, Or further conflict with, the regulations for the toning district in which Such use is located. 3107.7—Conditional Uses NO uSe Of building, structure Or land that is designated as a Conditional Use in any zoning district shall hereafter be established, and no existing conditional fter be or part thereof, nothershall C0 tl thereional Use in such district, unless a Con ditional Use permit has been secured in accordance with The provisions Of Ar title VI of this ordinance. Any establish ed use on the effective date 01 this ordinance that would be classified as a Conditional Use in the district in which it is located. has all the rights 01 an approved Conditional Use and does not require any additional approval or review. No Conditional Use already establish ed On the effective date of this Orli nance shall be altered, modified or en larged s0 as to conflict with, Or further Conflict with, the regulations applicable t0 the zoning district In which such use is IOCated. 3103.3—Accessory Buildings, Struc. tures or USOS NOaccessory building, strut cure Or use, or temporary building, structure or use shall hereafter be built, moved or remodeled, established, altered or en larged unless such accessory building, structure or use Is permitted by and in conformance with the provisions of Article V of this Ordinance, entitled "Supplementary District Regulations", and all other regulations or require meets pertaining to the district in which Such building, structure Or Use is located 3.103.4—Lot Size Requirements Except as may beotherwise Specifically provided in this ordinance 1) No building, structure, or part there of, shall hereafter be built, moved Or remodeled. and no building, structure or land shall hereafter be used, occupied orarranged or designed for use or occupancy of a zoning lot which Is smaller in area than the minimum lot area or minimum lot area per dwelling unit, narrower than the minimum lot width: Or shallower than the mini mum lot Vlh required In the zoning district in which the building, structure or land is located 7) No existing building or structure shall hereafter be remodeled $O as 10 conflict, or further conflict, with the lot area per dwellm?Q unit requirements for the toning dis'r ict In WnICh the structure is located ]10].S—OuIM RfOYtations TThis ordinance expresses bulk regula in terms of maximum building or structure height, maximum lot cover ape, maximum floor area ratio, mini mum setbacks, and minimum front, side and rear yards No building, structure, Or pari thereof, shall here after be built, moved or remodeled, and no building, structure or land shall hereafler be used. occupied or designed for useor occupancy 11 So as to exceed the maximum build Ing or structure height, maximum lot coverage percentage, or maximum floor area ratio specified for the zoning district in which the building or strut lure is located: or, 7) So as to provide any setback or front,side, rear or transitional lard that is less than that specified for the zoning district in which such build ing, structure Or use of land is located or maintained 3107.6—OH.Street Parking and Loading 5lructure shall hereafter be built or moved, and no structure or land shall hereafter be used, Occupied Or designed for use or occupancy unless the mini mum off street parking and oil street loading spaces required by the pro visions of this ordinance are provided No structure or use already established on the effective date of this ordinance shall be enlarged, expanded or in creased in use unless the minimum 011 street parking and loading spaces thins ich would be required by the 01 this Ordinance for such enlargement, expansion or increase in use are pro video ]101,1 lationQs 0structures Rions From the egu• l This Ordnance The exempt from ,he regulations 01this Ord, nance and Shan be permitted in any district: 1) Poles, wires, cables, conduits. vafor ults, laterals, pipes, ppmgqains, valves, transmisS on anyother ori midistrilar but o mot cu5 tomers of telephone or other Communl cation services, electricity, gas, steam or water, or the CollectionOf sewage ma or surface water, operated rained by a public utility. 7) Railroad tracks, signals, bridges loarlwa ment caled ona re lroad rightOf SECTION 3104—LIMITATIONS ON THE NUMBER OF BUI STRUCTURES, AND USES ON AI IONS ING LOT 3 106.1—ResidentialO office Redden. tial Districts Within any residential or office rest denlial t more than on residential trC office residential building Or other principal permitted use shall abe ddition.d on a no residential building lot Shall, be located On the same zoning 101 with any other use except permitted accessory uses The provisions Of Ins Section shall not apply to any Planned Unit Development (PPUD) Dist r.ct, or to lots for which all yard, area, and other re-quirementS 01 chis Ordinance are provided for each structure though e ousing principal permitted use as such structue were located on an individual lot 3 106]—Nom Residential Districts In any district Other than a residential or Office residential district, any num per of buildin s, structures, or uses permitted by 4h is Ordinance be established constructed, Or maintained on a single zoning lot, except t for re any building used primarily forst within e a dentlal purcommerc-alpoSeS and located provisions OI Section ]110611 district, halla PP ye SECTION 3 ERNING THE ALLOCATION AND DISC POSITION OF REQUIRED YARDS ANDOPENSPACE 3IOS 1—All Required yards TO Be Open, Unoccupied Space All yards required by this ordinance shall be Provided a Open'fr noccup ad spaces extending with no ob ground level to the sky except th Ose per m/Hed b whatever e tion 3 105 7 Regular Session, August 4, 1975 379 3.101.1—Permitted Obstructions in Re. quired Yards The following obstructions and no others may be permitted in a required yard: 1) Obstructions Permitted In All Yards: Awnings, shutters, and canopies. chim neys p rojecting no more than twenty lour (24) inches into a required yard: arbors and trellises. flag polessteps necessary for access to a building or 101 from an adjoining Street or alley, un roofed, open terraces not more than four (4) feet above the average grade of adjoining ground. fences, walls or hedges as provided in Section 3 1053. vegetation 2) Obstructions Permitted in Front Yards: Bay windows, oriels, or bal conies projecting not more than five (5) feet into the required yard. Over hanging eaves and gutters projecting not more than three (3) feet into the required yard, off street parking of not more than two (2) vehicles except as limited by Section 5 101.4 3) Obstructions Permitted in Rear Yards: Accessory Usesbuildings or structures as permitted by Section S 101 0l this Ordinance, enclosed, attached or detached off street parking spaces. bal conies, breezeways, and open, unroofed Porches or terraces. bay windows pro jecting not more than five (5) feet into he yard, overhanging eaves or gutters protecting not more than three (3) feet into the yard. 4) Obstructions Permitted in Side Yards: Overhanging eaves and gutters Projecting riot more than tw0 (2) feet into the yard. open off street parking, except as limited by Section 5 101.4 3.105.3—Fences, Walls and Hedges A fence, wall hedge Or Shrubbery n0t exceeding six (6) feet in height above the ground level may be erected or maintained upon any zoning lot, subject to the limitations of Section 5 102 2, except that n0 fence, wall or hedge located within a front yard may exceed three 131 feet in height above the ground level 3 105.4—Continuing Obligation O1 Prop erty Owner To Maintain Required Yards, Open Spaces, Lot Area, and Olh Street Parking Spaces The maintenance of any yard, open space, minimum lot area. Or oil street parking space required by this Ordi nonce shall be a continuing obligation Of the Owner Of the property t0 which such requirements apply No yard, open space. lot area, or off street parking area required by this ordinance for any building, structure, or use Shall, by virtue of change of ownership Or any Other reason be used 10 $atisly any yard, open space, lot area, or oil street parking area required for any other building, structure, or use, except as may be otherwise specifically pro vtded herein In addition, n0 yard Or lot existing at the effective date OI this Ordinance Shall be reduced in dimension or area below the minimum requirements set (Orth herein for the district in which such yard Or lot is located SECTION 3104—ALL LOTS AND BUILDINGS TO FRONT ON A PUBLIC OR APPROVED PRIVATE STREET All lots created after the elfechve date of this ordinance Shall front upon a Public street or an approved private street. and n0 building Shall be here alter erected or constructed except upon such a 101 ARTICLE IV DISTRICT REGULA TIONS SECTION 4101—APPLICATION OF DISTRICT REGULATIONS Regulations for each district establish ed by this ordinance shall be as set forth to this Article and in Article V of this ordinance entitled "Suppiemen Lary District Regulations" SECTION 4-102—AG—AGRICULTURE AL DISTRICT REGULATIONS 4 102.1—General Statement of Intent The AG Agricultural District is intend I'd to conserve prime farm land for agricultural purposes and to serve as a 'holding" zone to preventthe pre mature development of recently an nexed land areas for which the most appropriate /UIUre use has not yet been determined In Order to promote these purposes, the regulations for this district allow a very limited range of Uses SO that the present development character of the land may be maintained and future develop mens options preserved pending com prehensive study and analysis of the area 4102.2—Principal Permitted Uses 11 Agricultural use, including the raising Of field crops and livestock, hortic u[lure, forestry, animal husban dry, and similar larming activities. 2) Public or private parks, poll tours es, or similar natural recreation areas 3) All buildings, structures, or uses owned or operated by the City of Du buque. 4) Railroads and public Or quasi public utility substations •102.3—Permitted Accessory Uses and Structures Uses customarily incident 10 and On the same lot with any 01 the principal per milted uses enumerated in 4102.2 of this Section, except uses S ecificallyy prohibited by 4 101.5 of this Section. A single family dwelling is a permissible accessory use, but only on a lot of 10 acres Or more devoted primarily to agricultural use. 4102.4 --Conditional Uses None permitted in this District. 4 102.5—Prohibited Uses No commercial use of any type shall be permitted in the AG Mstr ice except the sale Of agricultural products grown On thepremises. SECTION 4103 --GENERAL STATE. MENT OF INTENT FOR RESIDEN. TIAL DISTRICTS The residential districts and regula tions provided for by this Ordinance are intended t0 Offer a variety of housing types and living environments meeting the needs and desires of present and future residents of the City. The resi dential district regulations are also in tended 10 promote and protect t0 the greatest degree possible the qualities of tranquility, privacy, stability, at tract.veness, and spaciousness which are traditionally associated with the most desirable residential environ ments Only those uses deemed fully compatible with and supppo0rtive of these purposes are allowed by right in the residential districts. Certain Other uses which are deemed generally com patible with the residential ?oats and which depend upon a residential atmos phere for their optimum performance may be allowed as conditional uses upon a showing that proper conditions are met to reduce any potentially ad verse impacts of Such uses Upon the dis irict or neighborhood concerned. It Is further the express intent of this ordi nance that no residential district should be considered inherently interior Or superior t0 another, but that each resi dential district sh0uld be judged equal ly in light of its particular purpose and the purposes Of this Ordinance. SECTION DISTRICT REGULATIONS TIAL 4104.1—General Statement of Intent The R 1 Residential District is intended IO provide for homogenous single I amely residential neighborhoods par titularly conducive to family life and associated leisure activities. It is contemplated that this designation will neapplie, 10 both thich existing h residential ig veloped in substantial conformance With the regulations for this district and undeveloped areas in the City which are deemed suitable for such develop men. it i1 further intended that the R I classification should generally be aap plied Only to contiguous antl dlscre e restdential enet ated by ta arterial street$ which Are unpWhen superimposed with the PUO District desiPnation, a higher range and in tensity of uses n ay be permitted in the R 1 Dillrict than is otherwise ppermilled under this Section. The PUO is fir provri sa^u r g theliR 1 maiy be supe ' ' Section A 1105'r0fc1 is Article enlitlyedh"PUD Dis ".0 Regulations 4-104.1—Principal P,roninfest UNs In th! R 1 Resldtnhal District n0 building, structure or land shall be Regular Session, August 4, 1975 used and no building or structure Shall be built or altered to be used in whole Or in part, unless otherwise specifically provided by this ordinance, except for the following purposes. 1) Single family dwelling 7) Public Schools 3) Private and parochial schools for grades kindergarten through the 17th grade, but only when approved by and meeting all applicable standards, regu rations and rules of the Iowa State Board of Public Instruction. 4) Farms. gardens, nurseries, and Ireenhouses. I Public or private parks, golf courses, or similar natural recreation areas. 6) Churches. convents, and monaster ies. 71 Nursery schools or tlar, care centers operated in a single fami y dwelling by the owner or permanent occupant cher eof and caring for or instructing no more than five (S) children on the premises at any time. EI Railroads and public or quasi - publ:c utility substations. 4-104.3—Accessory Uses and buildings Accessory uses and buildings are per mitted in the R I Residential District in accordance with the provisions and regulations of Article V of this ordi nance entitled "Supplementary Dis trice Regulations". 4.114.4—Conditional Uses The following Conditional Uses are per mitted in the R1 Residential District, but only in accordance with the provi sions of Article VI of this ordinance governing the Issuance of Conditional Use Permits 11 Nursery schools or day care centers not meeting the requirements of Sec N,n,wyr, Mqulnl 'qt Ar« Ian awn I«t1 n,nmt•p r Inn I••II alnlaw Req.ine neer rare Sn«[L Inn t«a NI•bV• 4•q.ira Sla r•r «`u Y•ql Inn r 1 Rl n,•aN Req,,, red 4er ere in N<L 11 ql lqI 0••ml or/Slr«r Perllw♦ sNu IY•:eNe e.i ldlny Wlynr 14•ler. ler [e.•nye 1.. • 1 or T•Iq: Aur Aru) lion 4 104 2. provided that such facil 'ties shall provide not less than So square feet of indoor floor area (not including halls or bathrooms) and not less than 100 square feet Of Outdoor recreation space for each child. In addition, such facilities shall supply adequate off street parking or other suitable plan for the loading and un loading of children so as to not obstruct sa elty hazards ic street, r create other traffic Or 7) Nursing or convalescent homes 3) Group homes On lots of no less than 1500 sGG uare feet per resident, Provided that Off street parking is adequate to the expected need for such parking 4) Off street parking on lots not reason ablyadaptable for other uses permitted In the dlstr ict, provided that adequate screening is present and that a Site Plan is approved for any permanent improvements. as provided in Section S 103 01 this ordinance 4.104.5—Prohibited Uses Excepting those uses which are other wise specifically permitted by Section 4 104.7 (7). Section 4 104 4, Or Article V of this ordinance entitled "Supplemen Lary District Regulations", the f01bw inguses are prohibited m the R 1 Residential Dotr,ct I) Commercial use as tlefined in this ordinance. 4104.4—Schedule of District Regula. tions Adopted Adtlitional rey ulalion s for the R 1 Residential DiSfr ice shall be as set forth in the R 1 Schedule of District Regula tions, hereby adopted by reference and declared to be a part Of this ordinance, and in Article V of this Ordinance, en titled "Supplementary District Regula tions". L-104.4 P-1 - ScNCDOLE or DISTRICT REWLATIOka usts ben. 11 stend••dr pe Vra<•eunr yq•r rn my t« i er Cm dlllaMl UAe P•r., I♦ • Nnleln•d In Arl'r.l•`YI of tel• ore: nems •n0 •Mule W I' d ,n c :w[I,t., .10 Int• ••neem. SECTION 4 IOS—R-2—RESIDENTIAL DISTRICT REGULATIONS 4 I05.1—Ganaral Statement of Intent The R 7 Residential District is intend ad to provide for low density single family residential housing parlicularly conducive to family life and associated leisure activities. II is contemplated ,hal this classification will be applied l0 both existing residential neighbor hoods which have been developed in substantial conformance with the regu rations for this district and undeveloped areas :n the City which are deemed suitablfurl here intended Mended that tch he Zn tDlstrlct classification should generally be ap plied only to contiguous and discrete residential neighborhoods which are unpenetrated by arterial streets When superimposed with the PUD District designation, a higher range and Well sitY of uses may be permitted in The R 7 District than is otherwise fe it led under this Section The PUD Dos tact provisions and regulations may be superimposed upon the R 7 District in accodance Article er fit edh"PUD DistSection nh ctt Regub10 Ol s lions" 4 105.7—Principal Pnmlited Uses In the R 2 Residential District no build ACE(51,0111 CONDITIONAL "ES PRINCIPAL PIRx ITTID OSIS US[s jre" sing [N.rrN• .... T So gglr nye IiMIT t:. •on OIttiII rDIM p,•r«II r IY-104.1)1 IY'IOY DIs) ne [.n Ylll ri•s: 14-104 II(M Y0.000 or S00 eDDo 10,000 I0.000 71 $Do a to IDo n IUH 10 e• en •m.r fi- egte.r IeI a so 10 .i = - AN ••ret«d I, r I ter • ur IM „^ Y «rw•nr «I• _ Ya"s ter bre of 4 J Mds t ,4 !s IS q It ben. 11 stend••dr pe Vra<•eunr yq•r rn my t« i er Cm dlllaMl UAe P•r., I♦ • Nnleln•d In Arl'r.l•`YI of tel• ore: nems •n0 •Mule W I' d ,n c :w[I,t., .10 Int• ••neem. SECTION 4 IOS—R-2—RESIDENTIAL DISTRICT REGULATIONS 4 I05.1—Ganaral Statement of Intent The R 7 Residential District is intend ad to provide for low density single family residential housing parlicularly conducive to family life and associated leisure activities. II is contemplated ,hal this classification will be applied l0 both existing residential neighbor hoods which have been developed in substantial conformance with the regu rations for this district and undeveloped areas :n the City which are deemed suitablfurl here intended Mended that tch he Zn tDlstrlct classification should generally be ap plied only to contiguous and discrete residential neighborhoods which are unpenetrated by arterial streets When superimposed with the PUD District designation, a higher range and Well sitY of uses may be permitted in The R 7 District than is otherwise fe it led under this Section The PUD Dos tact provisions and regulations may be superimposed upon the R 7 District in accodance Article er fit edh"PUD DistSection nh ctt Regub10 Ol s lions" 4 105.7—Principal Pnmlited Uses In the R 2 Residential District no build Regular Session, August 4, 1975 381 mg, structure or land shall be used and no building or structure shall bn built or altered O be used in whOle or In part, unless otherwise specifically provid ed by this ordinance, except Or the follow) ng purposes 1) All uses listed as Principal Permit led Uses for the R I Residential Dis trict (See Section A 1D4.2 of this Article) 4-105.3—Accessory Uses and Buildings Permitted accessory uses and build Ings in the R 2 Residential District shall be the same as those accessory uses and buildings permitted in the R 1 Residential District (See Section 4 104.3) . 4.105.4—Conditional Uses The following Conditional Uses are permitled In the R 2 Residential is trio, but only In accordance with the Rini— R.4.ir.d Eel •r•. Nn .•v.r• r.•!1 nlni.w A.gvl••tl r.enlNq. nn r <1 Rlniew b•r r•d r.on! nrtl s•n.a Iln r•ul alniw,•. R•W; r•d 'fIN I•H HI NcI Un r••rt ninio A•q„Ir•d A•., ..d sne.a ($ or 101 ftetn) Rin,y. A•qu4r•d orr•sn••l ru.,q sw •s iwur wi ldsnq MIgnI lin In!) M.Irw lot Cor•,.q• I.S • 1 0l Tal.l lot Ar•.) provisions of Article VI of this Ordi nance governing the Issuance of Condi- tional Use Permits: Those Conditional Uses allowed in the R 1 Residential District under the same terms and conditions contained therein. (See Section 4104.4). 4.10S.5—Prohlbited Uses The following uses are prohibited in the R 2 Residential District. All uses PrOhibiled in the R 1 Resi denlial Diilr is t. (See Section 4104.5). 4105.6—Schedule of District Regula. tions Adopted Additional Regulations for the R-2 Residential District shall be as set forth in the R 2 Schedule of District Regulations, hereby adopted by refer ence and declared to be a part Of this ordinance, and in Article V of this ordi nance, en tilled "Supplementary Dis trict Regulations". 4-105.6 R-2 - SCHMILC Or DISTRICT REMUT10RS USES 1 dOT[: 5•• IM ----- _ M10C!•4C ri MlfTT[D USE S ACM SsMI - - COYDITIOM, usEs USES N.E. Sirpi• !wilt p••llingl All 1\-l0S.71 0. .Il UStS 6000 6S —_ ICentl,llpyi 8, . T+ • Ne. in In. A -J DI •!rill r• .•el•cl to m• ..,. -"rd, .rid •w.l.non. n .• w.n•d to s.cn •An JS• on or rots 4' un et Mr roll u INntld Oltr lcl. in IM A-i1.1 jAe , S 6 s S•et loll 01 or Int. 4bl. Arts s• m ..I,M, loll JSI of fol de•tn .11 ' u1Mr let. i 2 e ' O Y i 2 p•r dwllinV uni! S := t a , 10 1 eot•l 1) St.nd., dr .rid n oc•dur•l gor.rni nq IM , or (on- tlllioMl Ul• r•r•itf • t.IM: In Artill. YI or illi! Ord{Mnt• .W rMu10 M r•.tl in toll iunrl ton .Iln SECTION 410411RESIDENTIAL DISTRICT REGULATIONS 4 106. i—General Statement of Intent The R 3 Residential District is intend ed to provide for new moderate density residential housing in areas deemed appropriate for such development and toaccommodate existing areas of the City developed in substantial compli antewith the regulations Of this If istr is f. The R 3 Residential District may also serve as a "buffer'' or transi tional Zone between R 1 and R 2 Dis fritts andhipher intensity residen tial, office res ldentie 1, institutional or commercial zones, particularly In or velopmg areas In addition, this classi fication may be applied to certain older areasOf the City in Which larger single family hollies have been convert ed to multiple family units Where so applied, these regulations should be read as intending to preserve such Older bu I'd Ings. When superimposed with the PUD District designation, a sl lghtly differ ent range and Intensity of uses may be (1lrmitied than is olherwl IT permitted by this Section. The PUO District provisions and regulalions may be Su perlmpoSed upon the R3 District in accordance Wlih Section 4 110 Of this Article, entitled "PUO District Requ lotions" 4106.2 --Principal Permitted U6M In Me R 3 Residential Disfrict no build Ing, structure or land shall be used and no building or structure shall be built Or altered to be used in Whole or in part, unless Otherwise sPeclfically Prov ided by this ordinance, except for he follOwinC purposes 1) All uses, as Principal Permit led Uses for the R 2 Residential Dis frict. (See Section 4 105.2 of this Article). 2) Townhouses of up f0 6 units. 3) Multiple family dwellings contain- ing no more than 6 units 4) Duplexes 4-10y6.3—AccessorYYbb uses s are permitted! In the R 3 dResidential Dis, trio In accordance with the fcle V rOvisions nancnd regulations 9uentitledot' Supplementary this ordl Dis trlcl Regulations" 4.106.4--Condiflonal Uses the following Conditional Uses are tiedil fre"n"Ibut In inn accordance with the Incl. but Only I provisions of Article VI of this ordi nance governing the Issuance of Condi tional Use Permits All uses Ilsled as Conditional Uses In the R I Residential District Regula Mons under the same standard$. re stnctlons, and conditions provided for therein 1 • See Section 4 104 A Of this Article) 4.106, 5—Prohibdod Uses 11 All uses prohibded in the R 1 Res - client District (See Section 41045) 382 Regular Session, August 4, 1975 Y) (Reserved for future use!) District regulations for the R-3 resi- dential District shall be as set forth in the R-3 schedule of district regulations. Regular Session, August 4, 1975 353 areas of two or more acres service able by collet for or arterial streets. The R 4 Residential District may also serve as a buffer Or transitional Zone between an R 1, R 2 and R 3 Residen tial Districts and a higher intensity Of hce, residential, institutional or com mercial Zone. When superimposed with the PUD District designation, a higher range and intensity of uses may be permitted in the R A District than is otherwise permitted under this Sec tion. The PUD District provisions and regulations may be superiorposed upon the R 4 District in accordance with Section A 110 Of this Article, entitled, "PUD District Regulations". 4 101.2—Principale Permirfed Uses Il All uses listed as Principal Permit ted uses for the R 3 Residential Dis inct (See Section 4 106 2 Of this Ar title). 2) Multiple family dwellings containing not more than 12 dwelling units. 4.107.3 --Accessory Uses Accessory uses and buildings are Frmitted in the R 4 Residential DiS I in accordance with the provi sions and regulations of Article V of SECTION 4-I0e—R-S—RESIDENTIAL DISTRICT REGULATIONS 4 108.1—General Statement of Intent The R 5 Residential District is intend ed to be applied to appropriate mull, family dwellings developed .n substan hat conformance with the regulations of this Section and to provide for new moderately high density residential housing in undeveloped areas In new ly developing or undeveloped areas. .t ,s contemplated that the R 5 Zone will be applied only to larger tracts wh,(h are readily serviceable by colleclor or arterial streets of appropriate caps city. It is further .n ended that R % districts should generAlly he pl,r. Pd adjacent to higher .nlens.ty off,.e residential or cornrnel C,Al Zonewtwte the R 5 District can Serve as a but fer" or transitional Zone belveen such high intensity uses And lower , fens.ly residential d.str,cts When superimposed bs the PUD D.s tr.ct oes,gnahon a sLglnrls o,fferent range and ,ntens.IV Of vseS may be this ordinance, entitled, ^Supplemen. tart' District Rttqqulations', 4-I07.4—COndilfOnel Uses The following Conditional Uses are permitted in the R 4 Residential Dis trict, but only in accordance with the provisions of Article VI of this Ord! nance governing the issuance of Con ditional Use Permits'. All uses listed as Conditional Uses in the R 1 Residential District Regula I ions under the same standards, re stnctions, and conditions provided for therein. 1 • See Section 4 104 4 of this Article). 4107.5—Prohlbiled Uses 1) All uses prohibited in the R 1 Res. dential District (See Section 4 104.5) 2) [Reserved for future use). 4.107.4—Schedule of District Regula- tions District re ggulations for the R A RpSi dentist 0,Sfricl shall be as set forth in the R 4 Schedule of District Regula tions, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, en tilled "Supplementary District Regula lions - permitted ions" {mmitted .n the R S Res-denna) Dis r1c1 than -s Olner.S-Se penndled under this Section The PVD D,str,ct provi stuns And regulations ntay be super imposed upon the R S District in ac "Ordance .Bich S00 -On 4 110 Of this Art.vie evil -tied PVD D,slr,ct Regula a IOe .1 -Principal Permlfled Uses 1 ` 111•p1eve5 01 to NrnhovSM %10hpie family dwellings 4.104.3—Accessory Uses Accessory uses and buildings are per m fitted in Me R S Residential District .n accordance with the provisions and regulations of Article V of this Ordi nance, entitled, "Supplementary Dis trict Regulations". 4-I0e.4—Condilional Uses The following Conditional Uses are ppermitted in the R 5 Residential DIS tncti but only in accordance with the provisions of Article VI of this ordi nance governing the issuance of Condi ficinal Use Permits 4-I0s.4 A -S - SCNCIW:.L Or OISTAICT 1,1,6ULATIONS moll I) tunlydl •„d 0,°....11. 1°1111. int IM Il.wN1[. ul [undo sima u+• r.•1dt. > . • nad In A.u.1• n el m1. Or JIn•nt1 •.,4 snpuld S1 r. •d in .°nlunatlan •11A to 1. a0•du 11 CCISSOat c0e0.1.0•Ac uslsl— ra°1.n1 n•nrtno uses ut(s s.. _ 1WIU01• r llr AI I 011.111,111 OIN r t•101 I 11)) 1000 • . •nil ll.q unit n,l•1 A'e• (1n .•u... 1..0 •.,e S00 M, ten ru•• • S V = S: •rnie,r 441,.•4 ` : I Ironlal. S0 • y{ o ° Inn Lal ° • i • ` Alni•w• b•ui•1d l0' •.•n I1mNy sn •n r ubrll : ..E C•ndl nen•1 w . In ten .•nt rile sae..\ 'l' int 70' •tent •tre•u }• - A{01 .lrlcl ill. .141•`n: Inn t••1) _ __ _ IS' aw IM .t wl •IN °/ • .41,1.1 j _ c. IM . •nNrM a •0 t••.I[ru.•• In MI _ _ _ I.nlnu• A. p,. d 1•t' ` F:- A -I Aa.IGm UI DIWIu. 11n Iut) 10' on u1Mr iso , 7 6 i : L b ` ISa• Nulm \-IM er m1, Arllcl•1. ..I n.•Y1 A.e•i.1d Inn 1111) 4Y e. 411 tAr leu =.. Ill f lr•at I•r\, n1 1.1 M, MIIIn1 vitt 3 j n g . i sp•<•. _ . ao A•.IY 1u,1d,n1 ___--.________ i:_ iii ------'i w.i.,...n1 4t' r la. • t r 1.,1.1 W, Area) moll I) tunlydl •„d 0,°....11. 1°1111. int IM Il.wN1[. ul [undo sima u+• r.•1dt. > . • nad In A.u.1• n el m1. Or JIn•nt1 •.,4 snpuld S1 r. •d in .°nlunatlan •11A to 1. a0•du 11 Regular Session. Atigust 4. 1975 All Uses listed as COnd.f.onal Uses In 4.105.6—SCMdule of District Regula. pnsRu RMtddential District Rseure District regulationsn for the R S Resi I and Conditions provided for dentia) District shall be as set forth in strlchons, therein. • the R 5 Schedule of District Regula ( . See Section 4104.4 o1 this Article), tions, hereby opted by reference and to this 4.106.5 --Prohibited Uses eada part of ordinance, declared All uses prohibit. In the R 1 11 ll 1) and in Article V Of this ordinance en "Supplementary District Al District (See Section 4 11 Regi, 104.5) tied, . 11 (Reserved for future use). o' SECTION 4.109 OR I OFFICE -REST- DENTIALDISTRICT REGULATIONS stonal office use The regulations for this district are therefore designed to 4'09.1—General Statement of Intent Residential District is prl Promote the samyye basic residential ItialndistraictseIs$ USect The OR -1 marily a high density residential dwel on 4 1e03ro,, (fens ling district permitting mixed proles Article), cons ten With the mixed use ..o_I crurn111.r or DISTRICT RF.GUL.ATIC)NS NOTE' 1) Sunda rds and yrocadures pour rning the Isswoce of condit EWla. Use Pernits ora conga i%d in ArU cle 11 of this Ordinance and should be read in coajunctlon with this schedule. ACCESSORY I CONDITIONAL USES PRINCIPAL PERNITIED USES I USES IS—. Note I trelp••I Profes+ianal Olfice+ All Other Private Club+ I Ornup Nnmes o' 6000 800 per 7500 - c - • resident 70 50 n =' 50 o = 30' nn .r ter r,l 'u o + 70 : g se Teets 70 _ _b 70' On all others + O r 6'•7' pry story i " 10'a 7' per story 6 aver the over the first ov 10' + 7' per story 10'•1' stow ' y u over the First er tn<d/first i r v E + i u £ As specified by the Board of Ad- 1.0 per 400 SY.it. o/ Floor v r c juslnent but not less than 1.0 Area E a Par }00 S9. Ft. of Floor Area c „ ` 71 60- i 40 35 y o r r u • r 40 --'-. .. .! ralKva r[aNltnD usts Dupl••u ao.,d„q,i SII, rlorlwr,rt ur Sinplr Mlr•d Lplr••SD00 Tu•... SY.1t. 77 4.VID,000 0wrMrulr•d_-__ IrNtW SD 10 9D Iln /•etl Nl l.w. servlr•d lo' . •n•r l•I .1rwu r rpnl rudN r 70 70' on .11 NCS (In 1 1 Mining. a•r ulrrd sle. 1•rd t•INrs c to Iln r•nl alnl•y apui r•d M•r Y•r1 tri N•S 10' Pim 7 W rplt u r poi, mi, flat 10 Iln fpt) •11 ulMr Ipl. airs leu. MYulr•d 1 4 Vrr 100 D11-tlrM1 Mrp l.0 w1 15 Wr I 0 wr L•d 1 i Wr ul niton aro Ing Sp•u. 4 V 4U. 0.0 N•.IW aul ld ny — — [s IS 60 11 Yn fair,) wl.. wl Lprv.a. po sP •.. i 1 mut bt out NOTE' 1) Sunda rds and yrocadures pour rning the Isswoce of condit EWla. Use Pernits ora conga i%d in ArU cle 11 of this Ordinance and should be read in coajunctlon with this schedule. Regular Session, August 4, 1975 U5 character of the district In addition to residential and office use, certain low intensity commercial uses for the pri mars convenience and service of die trict residents may be allowed in the OR 1 PUD zone as Conditional Uses by The Board of Adjustment upon a show ing that proper standards and condi tions are present to avoid adverse im pact upon the residential living envir onmen It is contemplated That this district will be mapped only in areas where the service infrastructure is adequate to accommodate the uses permitted by these regulations. If is further content Vthat this district will generally be employed as a buffer or transition al zone between lower density resi dential districts and commercial or institutional districts When super.mposed with the PUD District designation a slightly different range and intensity of uses may be permitted in the OR I District than is otherwise p{ ermitted under this Section. The PUD Distr Kl provisions and rpqu lotions may be superimposed upon the OR 1 District in accordance with Sec tion 1110 of this Article, entitled "PUD District Regulations". 41011.2—Principal Permitted Uses In the OR 1 Office Residential District no building, structure or land shall be used and no building or structure Shall be built or altered to be used in whole or in part, unless o,herwise specifically Fby this ordinance, except for the following purposes I) Single family dwellings 2) Duplexes ]) Townhouses 1) Multiple family dwellings 5) Non commercial farms, gardens, nurseries, greenhouses, public or pri vale parks, and recreation areas 6) Churches, convents, and monast teries 7) Nursery schools and day care cen ters 6) Public schools 9) Private and parochial schools for SECTION 4-110—PLANNED UNIT DEVELOPMENT DISTRICT REGU- LATIONS 4 110.1—General Statement of intent The Planned Unit Development Dis trict is intended to encourage flexible and innovative design in the develop ment of appropriate sites as integral ed project units. Regulations for this district are designed 1) to encourage new development to Preserve and utilize as much as Possible existing land characteristics and features which offer visual or re creational benefits or other amenities. 2) to promote the economic, attrac five, innovative, and harmonious or rangemeni and design of new build- ings, streets, utilities, and other im rovements or structures. 1 to protect and enhance in residen tial districts the qualifies of tranquility, Privacy, stability, attractiveness and spaciousness which are traditionally associated with the most desirable residential environments, 1) to provide for the creation and preservation of more and larger use able public or common open spaces than would normally be provided under Conventional development. 5) 10 encourage the careful design and planningof larger development prof ects and to give developers reasonable assurances regarding Planned Unit Development project approvals before the unnecessary expenditure of design efforts, while providing the City with appropriate assurances that approved Planned UnitDevelopment projects will retain he character envisioned at the time of project approval Property may be reclassified to the Planned Unit Development designation when If appears that the particular de velopment plan proposed for the parcel wllI promote the purposes of the Planned Unit Development District and this ordinance and is formulated in conformance with the review prose dures and standards of this Section In grades kindergarten through the twelfth (12th) grade 10) Rooming or boarding houses ser_ ving no more than ten roomers or boarders at any time 11) Professional office use, as defined in this ordinance 12) Mortuaries and funeral parlors 17) Nursing or convalescent homes lO Non-commercial art galleries, Ii braries, and museums 151 Parking lots and garages. 16) Auditoriums, assembly halls, and similar places of public assembly 1 1011.3—Accessory Uses Accessory uses and buildings are per milted in the OR 1 Office Residential District only in accordance with the provisions and regulations of Article V of this ordinance entitled "Supplemen. tary District Regulations", 4.1011.4 -Conditional Uses The following Conditional Uses are per mitted in he OR -1 Office Residential District, but only in accordance with the provisions of Article VI of this ordi nonce 0poverninq the issuance of Condi tional USe Permits: 1) Group homes 2) Private clubs 1.11111.5—Prohibited Uses The following uses are expressly pro- hibited in the ORI Office Residential District: 1) Commercial uses as defined in this ordinance, except those uses spKifi[al I permitted by Section 1109.2, Sec tion 1.109.1, or Article V of this ordi- nance, entitled "Supplementary Dis- trict Requiations". 2) (Reserved for future use). 4109.6—Schedule of District Refill tions Adopted Additional requI tions for the OR I Office Residential District shall be as set forth in the ORI Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplemen tary District Regulations general, reclassification of property for a Planned Unit Development Is intend ed to allow development of the proper ty for specified uses basically similar in nature to those allowed by the under lying zone. but at a slightly greater maximum density or intensity of do- velopment. An exception to this process is the C 6 Planned Unit Development, which does not contemplate an underly Ing C 6 zone, it being the intent of this Ipe ordinance permitted new Ind(help development shall only be established as Planned Unit Developments, It Is the intent of this district to encourage the use of the Planned Unit Development option and to promote a greater level of flexib.nty and innovation In the design of new development of all types. 1-110.2-5 ial Definitions Applicable to the Planned Unit Development District RKulatians held Common Property: Any property in common, undivided ownership by all nhe od rUnit Devel dents pmor ent, ncludiWne`S of nPlan vete streets, private Varks, or other property Used or useable by the coin mon owners Thereof Floor Arco (total): The sum of the areas of all floors 01 the buildingpUnit or buildinthe lanned Development,s wtmleasured from the faces of the exterior walls, but not including vent shafts or Courts. Floor Area Ratio (FAR): The maxt mum gatnofloor ate or the Plnned Uit Development psrmilted for each square foot of Gross planned Unit Development area, ex pressed as a decimal percentage. Examples: Gross PUD Project Area equals 100,000 6q. ft. FAR equals 20 Maximum permitted floor area for the Planned Unit Development site equate 2p x 100,p00 equIt als 20,000 square feet Gross piton ltolI Day and oeprean'nPlu . KI AfH ed within the boundaries of the propos 306 Regular Session, August 4, 1975 ed Planned Unit Development project site Net planned Unit Development Prot. act Area: Equals the gross Planned Unit Development project area minus street spaces:OEquals theand %ossgareaareas of the Planned Unit Development site minus the following areas I) &fees covered by buildings and non recreational structures 2) areas proposed for street rights Of way parking areas 3) driveways and pa 0 4) one belt p'2) 01 int total remaining land area (ie. the area not covered by buildings, non recreational structures. Or driveways, or parking areas) which the III pa exceeds 20 per Cent plus the roe lowing. All roof or deck areas which are designed for and devoted to leisure or recreational acti y,tto alPlanned Unit tl tand which eDevelopmentsresle dents Open Space (Common): Property meeting the definition of Open Space ad owned as common pro OPpeerty ce areas ofSpace i Planned Unit development owned by or dedicated to the public. Open Space (Useable): That Portion of the Open SPete for a Planned Unit Development sit! which is clearly Suit ed to and useable for active recreation al and leisure pursuits such as sports and Games. o be considerer$ as Useable Open Space, such area must Occur in contiguous portions of no less than 2,000 square feet in area and of not less than thirty feet (30') in smallest dimension. Furthermore, such por tions must be free of obstructions which would render the areaun Useable for active recreation, Such as rough terrain, steep slopes. and Other soil. rock or vegetative obstructions. Planned Unit Development (PUD): A parcel of land developed and planned as an integrated project unit with significant portions thereof being owned and maintained as public or common open space property. 1.110.3—Conformance 10 Procedural Requirements Requiredfor Planned Unit Development RezonInG; Applica bil ity. 1110.3.1—No property may be super imposed with the Planned Unit De velopment designation except in con formance with the standards, prose dures and regulations of this ordinance. 4110.3.2—The Planned Unit DevelO - ment District designation may on y Oe placed upon property zoned under the following classifications: 1) Any Residential District (R 1, R 2, R 3. R 4, R S) 2) OR 1 Office Residential District 3) C 6 Planned Commer( ial District 4) Section 4110.4—Pronupal Permitted Uses The following uses and no Others Shall be permitted by right for districts Su perirnposed with the Planned Unit Development designation 4.110.4.1—R.1 Planned Unit Develop- ment. 1) Single family dwellings 21 Townhouses of no more than two (2) dwelling units 3) Duplexes 4.110.4.2—R-2 Planned Unit Develop- ment: evelopment: 1) Single family dwellings 2) Duplexes 3) Townhouses of no more than four (4) dwelling units 4) Mullple family dwellings contain Ing no more than four (4) dwelling Units 4-110.4.3-111-3 Planned Unit Develop- ment: 1) Single family dwellings 2) Duplexes 3) Townhouses OI no more than six (6) dwelling units 4) Multiple family dwellings containing n0 more than eight (8) dwell n units 4110.4.4—R 4 Planned Unit Develop menl 1) Duplexes 2) Townhouses 3) Multiple family dwellings containing d more than twenty (201 dwelling units 4) Mobile homes 4110.1.5—R.5 Planned Unit Develop- ment 1) Multiple family dwellings • 110.a.a—OR-1 Planned Unit Develop. mens: 1) Multiple family dwellings 2) Professional Office uses 4110.1.7—C-6 Planned Unit Develop men,: 1) Any use permitted in the C-6 Planned Commercial District Section 4.110.5—Accessory Uses Permitle l accessory uses, buildings and structures for the principal Uses allowed by Section 4 110.4 shell be the same as those accessory Uses, build Ings and structures allowed in conjunc tion with such principal use by the ap plicable accessory use provisions of Article V O his ordinance, entitled ,,Supplementary District Regula tions' Section 4110.6 --Conditional Uses No Conditional Uses are allowed in districts affixed with the Planned Unit Development designation, except that in an OR I Planned Unit Develop mens, the Board of Adjustment may permit up to 10 per Cent of the floor area of any principal building to be de voted to candy. magazine, or cigar stands, gift Shops, flower shop$, res taurants, or similar low intensity com mercial uses which the Board finds are Customarily incident to office Uses and which will primarily serve the con venience of residents of the district Section 4.110.7—Required Procedures for Planned Unit Development District Designation 4110.1 1—Application Procedure for Planned Unit Development Designs tion Who May Apply: An application for the Planned Unit Development District designation may be filed by any person having a legal or equitable Ownership interest in the parcel for which the Planned Unit Development designation is sought Joint application also may be made for the Planned Unit Develop merit designation by the owners of ad joinino Finan Development Plaarcels of n foroa &Planned Unit Development Shall be approved by the City Council unless and until all the property included within the plan is shown to be held in single Ownership Or joint tenancy with right Of survivor ship Pro -Application Conference Required: Prior to submission of a formal apple cation for a Planned Unit Development designation, he applicant must meet in a pre application conference with the Planning persons Or agenc and suCh Oher e$staff whose Par tic $pan on the Planning DePaf fomper t staff considers necessary or appconon ate to the purpose of the pre aPP conference The purpose of tie pre applicationconference iu the applicanthe standardsand procedures he will be required to follow to secure a planned Unit Oe velopment designation and to enable the applicant 10 present his prelimin aryproposals for the Planned Unit Development for the comment and ad vice OI the Plannin staff and other interestedcity departments. The aPPh Cant Should (herefore be ari to $of present his tentative proposals ficiently detailed form 10 enable the Planning Department and otheerr inierl ested city agencies to judge sal al genera suitability o the tentative grope d the terms Of the particular L 1he nsland surrounding neighborhood, ands and r he overall Comprehenments Of siveeCP en for the city planned Un., Development Rezoningedure Requests: At any time following the Pre aPPlica on conference, a formal application h for relonina to a planned e Unit by DbY velopment Oislrictt may b filing letedwcopies Of the the 'Clerk official o ith the form for such application and two (2) copies of a Preliminary Development Pu?fedt con taimng all informalion req 4 1to.8 of this Section, together IOr such payment of the fee specified application in Articlet ono fortms shall nonce Official aPP Regular Session, August 4, 1975 187 be available without cost from the City Planning Department Hearing on the Preliminary Develop. Ment Plan: With due diligence follow ing the referral by the City Council of an application for rezoning to the Planned Unit Development designs tion, the Planning and Zoning Commis sion shall hold a public hearing to con Sider the a plicatlon and the Prelimin art, Deve opment Plan subm ifled therewith. Notice of the time and place of the public hearing shall be publish ed in a newspaper ofgeneral circula lion in the city at least / !teen (15) days prior to such hearing. At the public hearing all interested parties shall be afforded a reasonable opportunity to appear and express their views On the Application, ether in person or by Agent 11.110.6—Required Contents of Pre- liminary Development Plan A Preliminary Development Plan must contain the following tems of nforma tion 4110.6.1—A completed Site Plan as provided in Section 5103 of this Ordi nAnce 4 110.6.1—Written Material I) Present and proposed ownership of the site and ownership of all properties abutting the site. 7) A statement of the applicant's intention concerning the future sale or lease On any or all of the proposed development, 3) Data clearly identifying the fol lowing Total gross acreage of the pro posed Planned Unit Development site. lot coverage, gross open space as a per cant o1 total lot area, useable open space as a per cent of total lot area, net residential density for the Planned Unit Development Itlwelling unitsper acre based on net Planned Unit e velopment project area), and gross floor area of the project 41 Proposed construction schedule and order Of development. 5) A complete landscaping plan show ing all substantial changes to be made in the natural land features of the property, including proposed plantings. perimeter treatment And similar infor motion 4.1110.111.3—Graphic Materials Such drawings, maps. charts or other graphic depictions, drawn at a scale not to exceed 1" auals 100', as may be needed to show clearly the following information I) The location and area of all area% to be conveyed or dedicated to the public, or to be reserved for common Open spaces, recreation areas, school sties, Or other public or semi public uses: 7) Existing or proposed pedestrian cir culation system and a showing of its interrelation to the vehiculaf traffic system for the Planned Unit Develop ment 4110.6.4—Such additional information a5 may be required by the Planning and Zoning Commission where it rea sonably considers Such information necessary to make the determinations required under 4110.10 of this Sec tion Section 411.9—Coordination of Plan. ned Unit Development Procedures and Standards with Subdivision Plat Ap- proval Whenever a Planned Unit Development proposal involves a subdivision of Sub divisions Of land subject to the City of Dubuque Subdivision Ordinance No. 65 57 as amended. the following provi &Ions shall apply. 1) Application for subdivision apgrov M &hall be made concurrently with itis request for Planned Unit Development I® Averaye 0ai1r Traffic (vehicles Der der) 200 Minimum Aequ ri ed Pava-— tent Width in feet .12 Min lm. ReQu r, id -- Aiyhl-ol-Wer Width ' wximum Peimiued Street $1uyc (yiedienilY District rizCfling, t being the intent Of this ordinance that the provisions relating to Planned Unil Developments should be read in pari materla with consistent provisions and regulations Of the Subdivision Ordinance, How ever, whenever the standards, prose dures or requirements of this ordinance are inconsistent with the standards, procedures or requirements of the Subdivision Ordinance, the provisions of this ordinance shall be applied. 7) Preliminary plats for subdivisions shall be Submitted with the Prelimin ary Development Plan and shall be in the same form, and subject to the same regulations and review standards as are imposed by Article 11 and Article III of the Subdivision Ordinance, ex sept that the regulations and standards of such ordinance pertaining to street widths, street grades, and lot areas and dimensions shall not apply. Approval of the Preliminary Development Plan shell constitute approval of the prefim inarr plats submitted therewith. The Preliminary Development Plan may be disapproved whenever it appears that the preliminary plats fail to con form to the applicable provisions of the Subdivision Ordinance 3) Final plats shall be submitted for Commission review concurrently with the Final Development Plan for the Planned Unit Development, and shall be subject to all provisions of the Sub division Ordinance pertaining to such plats. Approval of the Final Develop meet Plan shall constitute approval of all finalplats Submitted in connection with such plan. The Final Develop. ment Plan may be disappproved when- ever it appears that the final plats fail to conform to the applicable provi. dons of the Subdivision Ordinance. Section 4.110.10—Required Standards for Preliminary Development Plan Approval 4110. 10.1—Application of Standards The Commission shall not recom mend approval of any Preliminary Development Plan unless and until it determines on the basis of specific facts presented at the public hearing or contained in the Preliminary Develop ment Plan that the proposed Planned Unit Development is in conformance with. 1) thegeneral design standards imposed by Section 4110.10.2, 7) the specific district design standards con tained in Section 4110.10.3. and 3) the 4 general10 10.4e Preehminarayrds Developmenion t Plans for Planned Unit Developments not conforming to such standards will be disapproved 4110.10.7—Minimum Design Standards Applicable to all Planned Unit Develop ments 11 Functional Street Design Stand. ards: All 1 roposeo stteels in the Pre liminary Development Plan Shall be classified by the City Development Planner as either place streets, lane streets, subcollector slreet5, collector streets, or arterial streets based on the Average Daily Traffic (ADT) load expected for the useful life of the street. In making such classification, the City Development Planner shall consider prlobrelevant eagecof each street, includ ing the ty and number of dwelling units th road. its of er uses connection,oi Jany r wiitthbother Streets in the area, and the short and 11ongrange objectives of the Com prehensi ve Plan concerniny future troll is patterns for the neighborhood and regionFunctional Design stand ardS for each street classification shall be as follows. 200-1000 l 1000-3000 3000r j6' ee --}L s 50, 60' Mote 41 ateI- frail Note '^ 1. Appropriate stendaids for these drsiyn cri Aria shall be def +omsd pl by the C—i­­ Altai .see iviny the advice and ecavaen the City Devr loyment Planner ..it the City [ne laser. 388 Regular Session, August 4, 1975 Variation from functional Street De- sign Standards: When Permitted: At ter receiving the recommendations Engineerhe ,rythe lannire eathe ngandZoning Commission at, allow variation from the minimum required pavement or right of way width or the maximum permissible grade for a proposed street where the Commission deter mines that a) the proposed design is adequatype of1etraff!cg use in iht fexpec ted, b and b) the public health, safety and welfare will not be ieopardited, and c) such variation is necessary dueto unusual graphic or other conditions and 1=0ned Ptpthe me t D sstricthe Plan eet Design Standards ApplicabletoAdditional All r Streets: In addition to meefing Standardsthe setunforth Section al in it Design4 110.10 2(1) above, all in streets m the Preliminary Development Plan shall be planned and designed in sub stanlial conformance with the follow ing design principles Steep Slope Areas: Streets located in areas of sleep slopes Or rough terrain should be designed a) to follow insofar as practicable the natural land con tours and b) to reduce as much as DOS sible soil erosion during and after construction of the street by avoiding unnecessary cutting and hllinq. Street Alignment: New streets should. whenever feasible. be so aligned as t0 be direct continuations of existing streets Intersecting streets should meet at right angles whenever pos sible 3) Utility Design. All electrical ser vice lines, gas lines or other utility service systems shall be placed under ground 4.110.,0.3—SpeOilic Planned Unit De velopment District Design Standards In addition 10 meeting the general the sign standards for all Planned Unit Developments contained in Section 4 110.10 2, each Preliminary Develop merit Plan shall, as a condition to ap proval by the Commission, meet the speufic tlesign standards and regula lions for the underlying tone in which the Planned Unit Development is local ed, as set for in Table 4 110 10 3, hereby adopted by reference and de clared to be a part Of this ordinance 4-110.10.3 specific Planned Unit Development Standards Dup. - Duplex Apt. - Apartiuent SF - single family 7N - 7orihouse 4 1 )0.10.4 --General Review Standards Apptic able to All Preliminary Develop merit Plans In addition io deternn that the Preliminary Development Plan meets the required design standards imposed by Section 411010.1 and Section 4 110.10.3, the Commission shall not ap prove a Preliminary Development Plan unless and until it determines that the following general review standards are me. 1) The proposed Planned Unit De velopment, reviewed as a whole, repre sents a reasonable and appropriate plan for the integrated development of the property which will tend to pro mole the purposes of the Planned Unit Development District and the purposes of this ordinance 2) The proposed Planned Unit De OM prelopment ehen5 ve isconsistent for 1 ethe City tC 8noWill contribute to the Orderly and harmoni GUS, growth of the City merit will note anadverse ehaveDevelop mpacl upon the roperly value or appropri ale use OE the surrounding property, and adequate perimeter treatment or Other measures will be taken t0 avoid such adverse impacts 4) The proposed Planned Unit Develop merit represents a carefully considered plan that will result in the appropr, ate and ea land chras erstiics ofs f theSite nature) UNDERLYING IONE VI R-1 I R- 0-4 R- WE— R-1Minimum Mini inue,Required Gross PUD Project 4.0 3.0 Z.0 2.0 2.0 2.0 Site Area 1 {n acres) w.imue Number Of SF- 6.5 Dwelling Units Per 5.0 "" 8.0 Sr -7.0 N07 APPLICABLE Gross Acre TM -8.5 Apt -8.5 Mrxi— Permitted flour Area Ratio NDT APPLICABLE 17 .35 .44 .55 (Total floor Area) ( r , UTX1.7 real Minimum Required --_---- -_---- _ Square feet of Open 2.60 7.40 1.80 1.30 1.00 .60 Space Par Square foot of floor Are& — Minimiao Required — - Usii Open sprue 25 25 30 40 $O 60 (as a 2 of required Open Sact) Minimum Required fit, n- Consnon or Public Z0 20 30 40 50 tial -60 Open Space (as a Off.ce-O It of required Open Sp... ) wximum Permitted eullding Height 25 25 30 40 50 60 n feet -- Be'. 1.5 Minimum Number OI ec D.0 Off - Street ParAing 7.0 2.0 1.5 I'S i'S Spree+ Required Per 400 sq.It D I lin Unit laor are Dup. - Duplex Apt. - Apartiuent SF - single family 7N - 7orihouse 4 1 )0.10.4 --General Review Standards Apptic able to All Preliminary Develop merit Plans In addition io deternn that the Preliminary Development Plan meets the required design standards imposed by Section 411010.1 and Section 4 110.10.3, the Commission shall not ap prove a Preliminary Development Plan unless and until it determines that the following general review standards are me. 1) The proposed Planned Unit De velopment, reviewed as a whole, repre sents a reasonable and appropriate plan for the integrated development of the property which will tend to pro mole the purposes of the Planned Unit Development District and the purposes of this ordinance 2) The proposed Planned Unit De OM prelopment ehen5 ve isconsistent for 1 ethe City tC 8noWill contribute to the Orderly and harmoni GUS, growth of the City merit will note anadverse ehaveDevelop mpacl upon the roperly value or appropri ale use OE the surrounding property, and adequate perimeter treatment or Other measures will be taken t0 avoid such adverse impacts 4) The proposed Planned Unit Develop merit represents a carefully considered plan that will result in the appropr, ate and ea land chras erstiics ofs f theSite nature) Regular Session, August 4, 1975 389 0.11010. S—Special Review Standards for ERpans ton of Eisting C 6 Com. mercia Distri[is or Uses Contained Therein Where A Planned Unit Development flan is required by Section 4 117 6 for heeyansion of a C 6 Cam mere ial Dislr tC or for the expansion of uses contained therein, the following addi tiOnal Preliminary Development Plan review standards shall be applied in addition to the other applicable stand ards of Section a 110.10.2, 6 110 10,3, and 6110.10.A Of this Section: u Full off street parking space re yuirements must be met for the entire District including Inose instances where the existing district or use(s) to be expanded is non conforming as re gards such requirement! In addition, both new and existing parking facilities Inu51 comply with all standards of Section 5 103 6.1 OI this Ordinance concerning parking lot standards, in clud inG planting, screening, paving, and other requirements 2) The proposed addition will not be likely t0 Overburden existing public streets giving access to the C 6 District. Section 4-110.11—Action on the Pre. liminary Development Plan 1110.11.1—Approval, Disapproval, or Conditional Approval of the Prelimin ary Development Plan by the Com mission With due diligence following the hear ng on the Preliminary Development Plan, the Commission Shall move to recommend approval, conditional ap proval, or disapproval of the applica tion for Planned Unit Development re Tonin . The Commission may a prove the preliminary DevelOpmenl Plan whenever it determines that Such plan is in conformance with the Standards and regulations of the Planned Unit Development District and will promote the public welfare. The Commission may in addition impose such additional conditions, requirements, or limila tions upon its approval of the Prelimin ary Development Plan as it reasonab ly considers necessary t0 effectuate the purposes Of the Planned Unit De velopment District and this ordinance. The Commission shall disapprove the Preliminary Development Plan when it determines that Such plan i3 not in conformance with the standardsand regulations OI the Planned Unit De velopment District. The Commission shall transmit In writing its recommen dation to the City Council and to the applicant, specifying the contlitions, requirements, or limitations imposed upon its approval, if any. or the speci tic grounds for discpprov a 1, if any 6110.11.2—Council Action on the Pro. liminary Development Plan Upon receiving the recommendation of the Commission, the City Council shall act in the manner provided by law l0 approve Or disapprove the requested zoning reclassification of the property The affirmative vote of of least three fourths Of all the membership Of the Council Shall be necessary to approve the Preliminary Development Plan when the Commission has recommend ed dish Oval thereof, Or to remove any conditions, requirements, or limi lations imposed by the Commission in approving the Preliminary Develop menl Plan 6110.11.3—Effecf of Council Action Approval: If the Preliminary Develop mens Plan is approved by Council, the property shall be tentatively reclassi fled to the appropriate Planned Unit Development classification. Such ap proval and tentative reclassificalion shall not in any case authorize the issuance Of a building permit for the proposed Planned Unit Develop mens, but shall only constitute a deter mination by the Council that the pro Posed Planned Unit Development is in conformance with the purposes and Standards of this ordinance and would promote the public welfare if construct ed in substantial conformance with the Preliminary Development Planand all conditions Or limitations aft ached thereto Building permits for construe lion of the Planned Unit Development may Only be issued following the sub mission and approval of a Final De velOpment Plan for the property as provided in Section 6 110.12. The tensa and re t ve approval classification Of the property shall in all cases be express)y conditioned upon the sub mission by the developer of such Final Development Plan within six (6) months following the Councils' action. If the developer fails to submit a Final Development Plan within Such Six (6) months period, which may be extended by the Council for up to 5111 (6) additional months upon a showing Of good Cause, the tentative reclassification Of the proper I Shall lapse and the property shall auto matic a fly revert to its former zoning classification Disapproval: If the Council disap Proves the Preliminary Development Plan, no reapplication for Planned Unit Development District reclassification may be tiled for a period of three (3) months following such disapproval. Section 6.110.12—Final Development Plan Procedures and Standards 6 110 12 1 -{General Statement of Intent The purpose of the Final Development Plan is to require the developer to sub Mit the final detailed plans and Specifi cations 01 the proposed Planned Unit Development for administrative re view by the Commission in order t0 determine that such final plans and specifications are in substantial con lormity with the approved Prelimin ary Development Plan. The Final Development Plan is also intended to serve as a formal record of the Specific terms and standards under which de velopmentof the property is permitted. The Final Development Plan will be approved by the Commission when such plan does not substantially alter the character Of the Planned Unit Development as set forth in the Pre liminary Development Plan. Confor mitt' to the Preliminary Development Plan shall be judged by the standards set forth in this Section. Final Develop ment Plans not meeting the standards of this Section will be disapproved. 1.110.12.2—Procedures for Final De- velopment Plan Review At any time within the six (6) month$ following Council approval of the Pre liminary Development Plan, formal application for review of a Final De velopment Plan may be made by tiling with the Planning and Zoning Commis $ion two (2) completed copies of the official form for such application and two (2) copies of a Final Develop ment Plan for the Planned Unit De velopment containing all information required by Section 4 110.12,3, togeth er with payment Of the lee splCilied for such application by Article X 01 this ordinance. Official application forms Shall be available without cost from the City Planning Department 4.110.12.3—Required Contents of the Final Development Plan In order 10 be considered for review by the Commission, the Final Develop ment Plan must contain all 01 the fol lowing items of information 1) All pertinent information required to be submitted in connection with the Preliminary Development Plan, plus. Final details and specifications of all landscaping and Wanting operations to be performed. lull final street or other roadway dimensions, profiles, and spe coications,, final specifications and profiles of all sanitary and storm sew ers and all water distribution systems, final location and dimensions Of all easements and righ150f Way 71 All documents, legal Instruments, or papers including Home Owner's As ietiolrtva mp ovmentbondsresticiece enents en ma terials necnecessary t0 show racts or other flfull COmpli once With the standards of Section 6 110 12.6. 3) Such additional information as may be requesid by the Commission where reasonably considers such informs lion necessary to properly make the determinations required under Section 6 110 12 6 6 110 12.6—Review Standards for Final DeyelaPrrlenl Plan 6110 12.6.1—Application of Standards The Commission shall not approve 390 Regular Session, August 4. 1975 the Final Development l and until it determines thatSuch Plan complies w;ih the Standards set forth in this Section. 4110.12.e.2—Substantial Conformance to Preliminary Development Plan Re. quirThe Final Development Plan for the Planned Unit Development must be in substantial conformance with the ap Planeoz FPinal'Devetopmoo PlaDevelon sa l not be deemed to be in substantial conformance with the Preliminary Development It it I) Violates any provision Of this ado nance or any of the standards and requirements of Section A 110 10, or 2) Decreases the amount Of open space or Useable Open Space proposed in the Preliminary Development Plan by more than live (S) per cent. Or 3) Increases the total lot coverage or the number of dwelling units per net acre by more A) Chann Changes the location an five (oft any butilding or major structure by more than ten (10)feet in any direction, or 5) So alters the overall Planned Unit Development design or any significant ppo0rtion thereof as to materially change ih! basic character, function, Or ap pearance of the Planned Unit Develop men? as set forth in the Preliminary Development Plan 4.110.12.4.3—Standards for the Insur. ante of Open SPace Integrity The Final Development Plan must be accompanied by legal instruments Sul Ilcient to guarantee that all open space in the Planned Unit Development and all useable open space will remain Intact as such and will not be devoted to other uses or altered so as to change its basic character. Such legal instruments mus) specifically provide that the open space guarantees may be enforced by both the City and by any residents of the Planned Unit Development for whose use and benefit the open space was intended. All such documents and in slrumenls must be examined and ap proved by the City Attorney as to Meir form and legal effect as a condition to approval of the Final Development Plan. a 110.12.4.4—Standards to Insure 1M Continued Maintenance of Common Property, Private Streets, and Use. able Open S ace Common Property and Useable Open Space: The Final Development Plan must be Accompano ed by legal instru men is sufficient to guarantee ?hat all pproperty to be held as common proper ly will be cared for and maintained for its intended purpose Such guarantees must be enforceable by both the common owners of the property and by the City at the common owners' cosi where the common owners fail to Property maintain the property Legal instruments creating these guarantees must be examined and ap proved by the City Attorney as to then form and legal effect as a condition to approval of the Final Development Plan. Private Streets: Any streets within the Planned Unit Development serving two or more Ibis to be held in separ ate Ownership must be dedicated to the Public , Where a private street is Proposed, the Final Development Plan must be accompanied by legal instru ments sufficient to insure 1) that the City may enter such street at any time to provide necessary emer gency services or other services or duties which it may be obligated by law to perform on the premises. and 2) that the City may enter the street and perform necessary maintenance whenever the private owner fails to do so, and assess all costs involved to Such owner, and 3) that no portion of the property Ser viced by such private street may be subdivided or transferred so as to create two lots held on separate Owner ship without automatic dedication of Such sheet 10 the City 4.110.12.S—Commission Action on the Final Development Plan 4110.12.5.1 --Approval, Conditional Ap - proval,or Disapproval With due diligence following submis soon o1 the completed application for Final Development Plan review, the Commission shall act to approve, con ditionally approve, or disapprove the Final Development Plan The CommiS soon shall approve the Final Develop ment Plan whenever it determines that such plan is in conformance with the standards Of Section A 110 12,4. The Commission may .n addition impose such additional conditions, limitations or requirements upon its approval of the Final Development Plan as 0 rea sonably considers necessary to Insure full compliance with the standards of Section A 110 12.4 and to effectuate the purposes o1 the Planned Unit Develop ment Distr icl. The Commission shall disapprove the Final Development Plan whenever of determines that the plan as presented does not conform to the standards of Section A 110.12 A The Commission shall transmit written no tote Of the action taken In regard to the Final Development Plan to the appppli cant and to the City Council, specifying the conditions, limitations, or require menis imposed upon its approval, if any, or the specific grounds for disap proval, if any. e-110.12.5.2—Bonding Requirement As a condition to approval of any Final Development Plan, the Commis soon with Council approval may re quire that the applicant furnish sufficl enc bond or other appropriate security to nsure 1) the proper and timely installation and maintenance of all necessary im pryovemenls to be made on the proper , Or 2) substantial compliance with the construction schedule set forth in the Final Development Plan, or 3) substantial compliance with the landscaping and planliny schedule set forth in the Final Development Plan, or A) compliance with any Other material program Or aspect Of the Final De velopment Plan which the Commission regards as Indispensable to mainten ante Of the nature and character of the Planned Unit Development. 4 110.12.5.3—Effect of Commission Ac tion Approval or Conditional Approval: The effect of approval or conditional approval to the Commission of the Final Deveropment Plan shall be to authorize the issuance of a building permit for the construction of the Planned Unit Development in coni.r mance to the Final Development Plan and subject to any conditions, limlta lions or requirements attached thereto. Disapproval: If the Final Dev lommest Plan is disapproved by the soon, no building permit may be issued for the property The applicant may, however, within the three (3) monthsimmediately fol lowing such disapproval resubmit without prejudice an amended.Final Development Plan for the p posed Planned Unit Development for conn deration by the Commission If no amended Final Developmen, Plan for the property is submitted within such three (3) month period, which may be extended by the Commission f or show to two 121 additional months upon ong of good cause. approval of the Pr liminary Development Plan and the tentative zoninr eclassifiation of the property shall automatically lapse, and revert top therty o zningclassificationshall in effect prior to Council approval Of the Preliminary Development Plan. 4-1lorm Final Developmetnt Plan al iRaqu red to No construction may take place on the property for which a Final DevelOP ment Plan as been approved except In substantial conformance witht a pr visions of such plan and ih nfor mance with all conditions, lomrtahons or requirements attached thereto Pur suant 10 the provisions Of Section A 110.12 S Upon receiving the advice ccan nd recommendation of the City OP ment Planner, the Zoning Admimstra for may authorize minor changes in the location, siting, or external ap povements bwithing the structures Planed run 1 Regular Session, August 4, 1975 391 Development where such minor Chang es are necessary due to conditions not known at the time OI Final Develop mens Plan approval. Such minor ChanQls may not, nowever permit violations of any Of the provisions or standards of the Planned Unit Develop ment District or functionallnvolve or design elements in of he major of the Planned Unit Developmet. Changes or variations from the Final Development Plan other than minor changes as defined above may only be madan amended Final Developmentre sP an ion land approval by the Commission. emoConstruction a PlanneUnitDevelopment: ApPov SECTION 4112-C-1 COMMERCIAL DISTRICTREGULATIONS 4.1 i2.1 ---Genera, Statement Of Intent The C 1 Commercial District is intend ed merclaloestablishmensmall tsc primareycohn ser ving the daily needs Of nearby res, dents Commercial uses which by ver lue of their site or e type of service would ro broader area attract than theu locale ners ighbor, hood are not permitted In this district. To assure proper vehicular access and avoid the penetration of residential areas by uses which may adversely affect the residential environment, new C 1 Commercial districts will gener ally be established only along larger olstreets arterial ereets brdering direteredntial neigh borhoods In Older areas of the City developed prior to the existence of tonm regulations, the C 1 COmmer stat District may be located Within discrete residential neighborhoods, particularly in locations where a long history of commercial use and confinu ed commercial viability is present. However, in both older and newer areas of the City, toning policy will be directed towards gradually encourag ng the centralization and functional coalescence of businesses Within this district and disc Ouragng the scatter ing throughout residential neighbor hoods of C 1 Districts to aCcOmmo dale a single use. 4112.2 -Principal Permitted Uses In the C 1 Commercial District, no building, structure or land shall be used and no building or structure shall be built or altered to be used in whole or in part, unless Otherwise specifically of a Final Development Pan shall Only be valid for a period of six (6) months, which period of validity may be extend ed by the Commission for not more than six (6) additional months upon a showin0 Of good cause H construction of the Planned Unit Development has not commenced within such period of validity, approval of the Final De velopment Plan and tentative reclas Slfication of the property shall lapse, and the property shall automatically revert t0 the toning classification it had prior to approval of the Prelimin ary Development Plan. Section 4 III -(Reserved for future addendum) provided by this ordinance, except for he following purposes 1) Flower, nursery, or garden stores 2) Food stores 3) Barber shops and beauty shops 4) Drug stores 5) Hardware stores 6) Parking lots containing spaces for not more than thirtV (30) vehicles 71 Laundry or dry cleaning establish ments B) Bakeries not exceeding 3000 square feet in floor area g) Repair shops for television, radio, or home appliance repair 4112.3 -Accessory Uses and Structures Accessory uses and structures shall be Fermitted in the C 1 Commercial Dis riCI only in accordance with the provi sions and regulations of Article V of this ordinance, entitled "Supplemen tory District Regulations". 4112.4 --Conditional Uses The following Conditional Uses are Fpermitted n the C 1 Commercial CIS trict, but only in accordance with the provisions of Article VI of this Ordi- nance governing the issuance of Condi tional Use Permits 1) Taverns or bars 2) Indoor restaurants 3) Gas stations 4) S) 4112.5 -Schedule of District Regula- tions Adopted Additional regulations for the C 1 Com mercial District shall be as Set forth in the C 1 Schedule of District Regula tions, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordi nance, entitled "Supplementary Dis trict Regulations C-1 SCIq:ut1l.r Of 1115THICr RI:';UI,ATIOHS ALL PRINCIPAL ALL ACEI S$0AY ALL CONDITIONAL PE RNITIFD US[S USES Secllon 4 117.31 USES ISee Section 4.112.41 (See Secllon k-117.11 IS— Nlni.- Required • - - IS Fron, Y.rd Setb.ck ,inIntl - u ' ' v, 17' where the Y.,d Nl ni wum Il.qui red Side YA,d Setback 12' where ,nen Y.rd (In tea) rv,idennal ° p e or offic.- 1d.n- abuU . r.sidentl.l °f office-resld.n- NInillwn Required A— Yaro Setback ° li.l dish Ict - ,'.1 diarist (In /ret) - 35 IYaimum 11,,116.9 Nigh^ 35 u. i o Nlnlmuw Raqu!r.d dC-IlCntilwraa<I.IP.r kin -no Iwdlnq ,P.ce, 011 -St reel P.rk- IOgrulA DI s9r ict ,h.11 b.., f.t Ing Sp.., „ Arll clr V of this Or Ji n.nce, en,,ti.d furlh i Minimum Raquired SOVpIMe nt.rY Diftrlcl Ikyu I.l Off -SI -1 LO.tl Is.. Section 5'I041 Iny So,,., --- 4112.6-Five Thousand Square Foot Site Limitation on all C 1 Uses Except as may be otherwise specifically provided by this ordinance, no permit ted use within a C 1 Commercial Di$ trio shall exceed live thousand (S000) Square feet In gross floor area 392 Regular Session, August 4, 1975 SECTION 4-113-C 2 LOCAL SERVICE COMMERC I AL CSTR R T 4 113.1—General Statement of Intent The C 2 Commerual District is intend ed to provide for relatively small, nv cleated commercial shopping centers serving a predominantly local area which may comprise more than one discrete residential neighborhood. Because of the broader service area contemplated by this District, a wider variety of commercial uses ispermit ted than m the C 1 Commercial Dis Irict. However. the C 2 District use regulations are, like the C 1 Commer tial District regulations, primarily in tended to emphasize the provision of daily convenience goods and services to local area residents, rather than re tional customers. For this reason. C 7 Commercial Districts will be carefully scrutinized to insure that the site of the commercial center, the nature of uses contained therein. and the locational characteristics are such that an undue amount of cross city or regional ser vice traffic to the District will not be encouraged Generally, C 2 Commercial Districts will be located on or at the intersection of major arterial streets bordering one or more residential neighborhoods. and will range in size from about two to ten acres. Expansion or decentraliza I of C 2 Commercial Districts by the addition of uses more properly contained within the C 3 (Arterial Business) Commercial District Or oth er districts will be strongly discour aged. In undeveloped locations, it shall be Council policy to apply the C 2 Com mercial District only to appropriate larger parcels in order to promote the planned and integrated develop ment of several commercial uses at once and discourage the random and uncoordinated development Of small individual facilities. The C 2 District will also be applied to recently developed local shopping centers which are in substantial con formance with the regulations and purposes of this district In older, non nucleated commercial areas of the City, the C 2 District may have some limited application to groups of com mercial uses which are spatially and or functionally integrated and which pos sess other characteristics appropri ate to the district 4113.2 -Principal Permitted Uses In the C 2 Commercial District, no building, structure, or land shall be used, and n0 building or structure shall be built or altered to be used in whole or in part, except for the follow ng purposes 1) Parking lots 21 Retail sates of clothing, household furnishings. garden supplies, hard ware, housewares, variety goods drugs or health care supplies, and similar retail convenience goods. but not including department stores as defined in this ordinance and not to include uses listed as grmilted uses In the C 3 Commercial strict Regula tions (see Section 4114.2 of this ordinance) 3) Private schools offering instruction in sports, crafts. or fine arts. 4) Retail food stores 5) Bars or taverns a) Barber shops. beauty Shops, and similar personal service establish meats 7) Professional office uses permitted in the OR 1 Office Residence District (See Section 4 107.2 of this ordinance) a) Indoor restaurants 9) Gas stations 10) Laundry or dry cleaning establish ments 11) Repair of appliances, electrical equiPm Mt, or other retail comparison goo s for which sales are permitted under 4 113 2(2) of this Section. 12) 13) 4113 3 -Accessory Uses and Structures Accessory uses and structures shall be rmitteci in the C 2 Commercial Dos act only in accordance with the provi cions and regulations of Article V of this Ordinance, entitled "Supplemen tart' District Regulations" 4113.4—Conditional Uses The following Conditional Uses are ppe!rmitted in the C 2 Commercial Dos tricf, but only in accordance with the provisions of Article VI of this Ordi nance governing the issuance 01 Condo tional Use Permits. 1) Drive in restaurants, car washes Or banks, provided that the Board Of Ad IuStmenf finds, after receiving the ad vice and recommendation of the City Planner. that the orderly and efficient flow of traffic on all streets giving ac cess t0 the proposed facility will not be Impeded 4 113.5 -Schedule of District Regula. tions Adopted Additional regulations for the C 2 Commercial District shall be as set forth in the C 2 Schedule of District Regulations, hereby adopted by refer ence and declared to be a part of this ordinance, and in Article V of this ordi nance entitled "Supplementary Dis Incl Regulations" C-2 SCIIEDULE OF DISTRICT IIE:GULATIONS ALI PAINE IPAL Att ACCESSORY All CONDIIIO'At Pf R1111T1p US(S USfs USES Sae 5ecl un 4111 2 sae Sect Tun 4-111 7 ser Section 4 111.41 Mir,— R q..iad 50' on 1—riots class- - SO' un lima.. clAss- irunt card cel Lacy Iliad as Principal _ 111.0 of D/ ciPal (In /eat) arterials, 15' on all aa. leri.ls, 15' On all - other Ol!eatf o w other flr.atf Ml nl.wm Ragulr.d SIA Yard SG.ck ar 17' ah.l. in. raid c '^I?- where in. yald On lea) I .Outs • cif idant 4l o O tfi..-r... it..- a o O .^ 1.. . .... danil.l r olfica-rasid.n- Mlnl num Ragulradr Roa Yard Sii ilei district (in feat) tial dislricl - o u . Ma.l No eullding NalyAt 1i 15 (in real) i . • o aa. Ml-"- Ra4uir.d lieyuir.d Off-str.al parking and lOading fp.cas Off sheet Park. for Ih. C•I tpirrc Tal Dl alrlcl 1h.IIsal Ing spans forth in Ariicla Vol into ordinance. .nlitl.d _ - "SuPDl—nt.ry Diftricl Ilag.1i ions" Minin,A. Ra Nuir.d ISae Section 5-1041 011-slra.t Lrr.d- Ing Spaces Regular Session, August 4, 1975 393 SECTION 4.116—C-3 ARTERIAL BUSINESS COMMERCIAL DISTRICT 6.116.1—General Statement of Intent The C 3 Commercial District Is intend ed to accommodate two basic types Of Commercial use 1) uses which are primarily designed to serve the needs or convenience Of the motoring public, and 2) miscellaneous uses which may re quire highway Or arterial locations for their most beneficial operation and which cannot be more appropriately located in other commercial districts The uses permitted in this district oftenpresent special problems which are di//erent in kind and degree from other commercial uses. In particular, unregulated "strip" commercial de velopment may result in serious traf tic and pedestrian circulation probi terns, adverse impacts on surrounding residential or other uses, visual clutter and blight, and lighting and sign prob terns. For these reasons. the regUla tions of the C 3 Commercial District may impose special standards of cons truction, screening, functional design, and performance upon the creation of new highway commercial facilities Or the expansion Of existing highway buSi nesses In addition, special emphasis will be placed on traffic considerations and relevant planning studies in dect sons concerning requests for the crew tion of new C 3 Commercial Districts. 6116.2—Principal Permitted Uses 1) Sales, rental, storage, repair or servicing of vehicles 2) Restaurants, drive In eating estab lishments. and bars Or taverns 3) Motels. 4) Retail furniture or appliance sales. 5) Banks. 6) Retail sales of agricultural or cons 1ruclion Supplies, Including but not limited to farm implements, hardware or electrical supplies, lumber, and similar goods. 7) Fresh produce sales e) Package liquor sales 9) Parking lots 10) Moving or storage facilities 11) Drive in theater, miniature golf courses, driving ranges. or go Carl tracks 12) Outdoor camping areas 13) Gas stations or truck stops 6116.3—Accessory Uses Accessory uses and buildings are per milted In the C 3 Commercial District in accordance with the provisions and regulations of Article V of this ordi nance, entitled "Supplementary Dis trict Regulations". 4.116.6 --Conditional uses The following Conditional Uses are Fin the C-3 Commercial Dis Iris: t, but only in conformance with the provisions Of Article VI of this Ordi nance governing the issuance of Condi tional Use Permits'. 1) (Reserved for future use) 2) J) 4) 6116.5—Schedule of District Regula- tions Adopted Additional regulations for the C-3 Commercial District shall be as set forth in the C-3 Schedule of District Regulations, hereby adopted by refer ence and declared to be a part of this ordinance, and in Article V of this Drdi trance. and entitled "Supplementary District Regulations", C-3 SCHEDULE Or DISTRICT REGULATIONS 6116.6—Special Screening Require- ments Where Yards Abut A Residen- tial or Office Residential District Wherever a yard within a C 3 District abuts a residential or office residential district, a fence, planted bolder, wall Or Other barrier sufficient to screen from casual vision the C 3 District to a height Of not less than six (6) feet above ground level shall be provided, except where the nearest residential use is located more than fifty (50) feet from the abutting lot line. In the case of uses existing at the of fective date of this ordinance, this re quirement shall be met not later than one (1) year after such date 4114.7—Special Front Yard Setback Pr ovlslons for C 3 Districts Alan Lower Dodge Street 6.116.7.1—Statement of Intent The special provisions Of this section are intended to avoid unnecessary hardship to potential developers by allowing for relaxed frons yard set back provisions in C 3 Distl I01S local ad along topographic conditwertiioonnseare found toe be such that compliance with the usual be sback s of thisdifficult district is mpos sib le 6116.7.2—Apick Regulations P@cld Set - For any CDD 3 District which fronts on Dad p9e Street within the area between Bluff Street and Hill Street, the mini pmum ermitted required s Shall be fortylnspas feet 0 AL1 111"111AI ALL 4011550.1 All 10x01TI0RAl "Rf11TTEo Uits us IS USES is.. Sect son 4-114.21 see Section 4-116.)( sec Section 4-114.41 _ Mini— Required 65' on prim" high- 65' on priMry high- Fro"t herd Selb•ck "aY+: - ••Y+1 (In feel) 50' o .II other - - SO' o ell other streets - - 7 scree l+ Mins— Requlred Side Yard ...beck 10' "here the yard10' •here the yard lin real •eats . ref identla is- or gffl u -ref Iden- o . bull . rasidanL a office-"..III— Minl""e Required a.. eYard Setback rst - 11.1 district slat district (I real + 0 0 ..- M•ei— building Haight35 55 Iln feet) < 1 • o e " Minl— Required Off-Slreet Pak- Required off -creel p•rki ng .nd loading +pacer for Ing sates the c-3 Cash re is oisvict fh•11 be as set forth In Article Y of this ordinance, emit led "Supple' Mlnl— Required saiI DI-flrllt Ragusa ion+". oft -Street load- (Sac $act,— 5-1041 Ing Sp.ce+ 6116.6—Special Screening Require- ments Where Yards Abut A Residen- tial or Office Residential District Wherever a yard within a C 3 District abuts a residential or office residential district, a fence, planted bolder, wall Or Other barrier sufficient to screen from casual vision the C 3 District to a height Of not less than six (6) feet above ground level shall be provided, except where the nearest residential use is located more than fifty (50) feet from the abutting lot line. In the case of uses existing at the of fective date of this ordinance, this re quirement shall be met not later than one (1) year after such date 4114.7—Special Front Yard Setback Pr ovlslons for C 3 Districts Alan Lower Dodge Street 6.116.7.1—Statement of Intent The special provisions Of this section are intended to avoid unnecessary hardship to potential developers by allowing for relaxed frons yard set back provisions in C 3 Distl I01S local ad along topographic conditwertiioonnseare found toe be such that compliance with the usual be sback s of thisdifficult district is mpos sib le 6116.7.2—Apick Regulations P@cld Set - For any CDD 3 District which fronts on Dad p9e Street within the area between Bluff Street and Hill Street, the mini pmum ermitted required s Shall be fortylnspas feet 0 394 Regular Session, August 4, 1975 SECTION 4.119—C-4 GENERAL COM- MERCIAL DISTRICT REGULATIONS 4 11 S.1—General Statement of Intent The C 4 General Commercial District is created 10 accommodate the Older commercial areas of the City which surround and extend Outward from the C 5 Cenral Business District and which generally approximate the boun daries Of traditional downtown Du buque. These areas are characterized by abroad range of largely unrelated uses instances of physical ObSOIeS cence or deterioration, deficient find similar he and parking pa problems typical of commercial areas developed prior to effective planning controls The regulations for this Dis tr)ct are especially designed to en courage the maintenance of existing uses and the private redevelopment of new commercial uses by permitting a wide variety of uses and liberalized bulk, yard, and parking requirements. Because of its limited purpose and scope, the Council declares that the C 4 District Shall have no applicafion in undeveloped or newly developing areas of the City The Council further contem plates that as specific development plans and programs are developed for the C 4 District, the regulations and or boundaries of the District may be mod, fied or refined in accordance with such plans or torpor a ms. 4.115.2—Principal Permitted Uses In the C 4 Commercial District, no building, structure, or land shall be used, and no building or structure Shall be built Or altered to be used in Whole Or in part, except for the follow ing purposes 1) Professional office uses permitted in the OR 1 Office Residential District (See Section 4 109.2 of this ordinance). 2) Service uses, banks, and retail or wholesale sales. but not to include de partment stores or uses listed as Con. ditional Uses for this District (See 4. 115 4 Of this Section). 31 Auditoriums, assembly halls, clubs, and places of public assembly. 4) Parking lots 5) Restaurants, bars, or taverns. 6) 7) B) 4 115.3—Accessory Uses and Structures Accessory uses and structures shall be permitted in the C 4 Commercial District only in accordance with the provisions and regulations of Article V of this ordinance, entitled "Supple mentary District Regulations'' 4.115.4 --Conditional Uses The following Conditional Uses are permitted in the C 4 Commercial Dis trict, but only in accordance with the provisions of Article VI of this ordi nance governing the issuance of Codd, tional Use Permits. 11 Drive in restaurants or drive in banks, agricultural supply stores, bowling alleys, and any facilities for the sales, repair, servicing, rental, or storage of vehicles. but only on condi tion that the Board of Adjustment finds, after receiving the advice of the City Planner, that the proposed use is in conformance with adopted plans for the area in which it is located and will not be likely toimpede the orderly and of ficient flow of rafI c. 4-1IS.5—Schedule of District Regulations Adopted Additional regulations for the C 4 Commercial District shall be as set forth in the C 4 Schedule of District Regulations, hereby adopted by refer ence and declared tO be a part of this ordinance, and in Article V of this ordinance entitled,"Supplementary District Regulations" C-4 SCHEDULE OF DISTRICT REGULATIONS SECTION 4.1 14—C-5 CENTRAL BUSINESS DISTRICT REGULA. TIONS 4116.1—General Statement of Intent The C5 Central Business District is created for specific application to the traditional downtown business core of Dubuque and present Urban Renewal areas. It is the intent of this ordinance to encourage the continued vitality and viability of the downtown area as the functional and symbolic center of ur ban activily in Dubuque To promote this purpose, liberal lot area, building height, setback and off street parking requirements are Imposed to Serve as incentives for the continued mfensifi cation of commercial use within the District. It is further the intent Of this ordinance that the C 5 District and all thereto cshould tmplementthe ion lons relative Urban Renewal plan (Iowa Project R 15) and related comprehensive plans for the rowth and redevelopment of down Ypwn end downtown fringe areas 4.116.2—Principal Permitted Uses In the C 5 Commercial District, n0 building, structure, of land shall be used, end no bin ut Idito npb or structure shall in part, built pt for the fe usollowing (Purr poses 1) RNall merchandise Sales 2) Food or drug stores 3) Barber or beauty shops and personal service establishments 4) Department stores 51 Professional office use s Of 6) Photographic studios,Scre1115, Or tering instruction in sports, fine arts, travel bureaus, and similar service uses ALL r......AI All ACc(SSOAy All CDNOITIONAL 'IPAI(D USlS USts US[1 See S., or 1-I15 1 Sre Sett ion 4.115.7 See Se<[iun 1-11 . Nl nlmue x.yul red - front recd Sel be. to _ - to (In (eel) - Nl n l ails Aet.i red Sib Tard Set Dae. II' .fie to the Yard ` 12' where the raid (In /e.,) ebur . ru lbntla offle.-rald.n- . o c - «o i'• - _ 0 0 .sots . resibnt Ll r ofnc.-r...d— NlnlAeq ir wim ea Afar Yard Seib— lief dlslrict -' - li.l district (In feel) .. r- -- ►j Heel sun Aundinq Nelght 15 a a f o ea (In feel) Nlniws Aequi red Olf-Street Par.- 144ui red off-street p. r.I nq and loading spaces Ins Spaces for the C-1 Cawerc 1.1 Ols trlc[ shall be • sat rInin Sectlan 5-104 of this ordi nanc.. • telt ""in the, . [..ntY per cent (,.J) reduction i ra4ulr- Alni— Aeci—sid Off-S[reel Load- ad parkinq spaces shall be permitted to, sit con - Ins Spaces forielog uses. (See Schedule 5-101.► of this oral - SECTION 4.1 14—C-5 CENTRAL BUSINESS DISTRICT REGULA. TIONS 4116.1—General Statement of Intent The C5 Central Business District is created for specific application to the traditional downtown business core of Dubuque and present Urban Renewal areas. It is the intent of this ordinance to encourage the continued vitality and viability of the downtown area as the functional and symbolic center of ur ban activily in Dubuque To promote this purpose, liberal lot area, building height, setback and off street parking requirements are Imposed to Serve as incentives for the continued mfensifi cation of commercial use within the District. It is further the intent Of this ordinance that the C 5 District and all thereto cshould tmplementthe ion lons relative Urban Renewal plan (Iowa Project R 15) and related comprehensive plans for the rowth and redevelopment of down Ypwn end downtown fringe areas 4.116.2—Principal Permitted Uses In the C 5 Commercial District, n0 building, structure, of land shall be used, end no bin ut Idito npb or structure shall in part, built pt for the fe usollowing (Purr poses 1) RNall merchandise Sales 2) Food or drug stores 3) Barber or beauty shops and personal service establishments 4) Department stores 51 Professional office use s Of 6) Photographic studios,Scre1115, Or tering instruction in sports, fine arts, travel bureaus, and similar service uses Regular Session, August 4, 1975 395 7)Eating establishments, but not to include drive in restaurants a) Auditoriums, assembly halls, and similar places of public assembly. 9) Banks or other financial institutions 10) Residential dwellings of all types 4 116.3—Accessory Uses and Structures Accessory uses and structures shall be Fermitted in the C 5 Commercial Dis fiCI only in accordance with the provi dons and regulations of Article V of this ordinance, entitled "Supplemen Lary District Regulations" 4.116.4—The following Conditional Uses are permitted in the CIS Commercial District, but only in accordance with the provisions of Article VI of this ordinance governing the Issuance of Conditional Use Permits U Off street parking lots. vid proed that the Board of Adjustment finds that a. the proposed lot represents a maximum feasible intensity of use for the land on which it is located, and b the proposed lot meets all require merits of the Site Plan Review Pro visions (See Section 5 103) 2) 4116.5—Additional GS Regulations (reserved for future use) SECTION 4117—C 6 PLANNED COM- MERCIAL Of STR ICT 4117.)—General Statement of Intent The C 6 Planned Commercial District is intended to accommodatelarger, nucleated shopping centers Serving the urban Or req tonal market. These centers are types led by one or more large multiple line retail department stores associated with a number of related supportive commercial uses, most often developed as an Integrated unit While it is recognized that large, integrated shopping centers represent significant advantages in convenience and efficiency over many traditional commercial developments, urban re gional centers by their site tend to cre ate quite substantial impacts upon the rest of the community. In addition to the critical effects a large shopping center may have upon the Overall economic welfare OI commercial Uses located elsewhere in the City, such centers create a wide variety of direct and indirect impacts upon their imme cl ate environment also. For this rea son, proper planning analysis and preparation is a necessary pre requi site to the establishment of new shopping centers of this type, and it Shall be the policy Of the City that no new C 6 Districts Shall be hereafter created except as Planned Unit De velopments in conformance with the Special requirements and provisions of this District, Similar plan review and approval shall be required for any requested expansion of an existing C 6 District or for substantial ,on site" expansion of uses contained therein. 4117.7—Principal Permitted Uses In the C 6 Commercial District, no building, structure, or land shall be used. and no building or structure shall be built or altered to be used in whole or in part, except for the follow .ng purposes 11 Retail merchandise sales, except those uses listed as principal permitted uses for the C 3 Commercial District (See Section 4 114.2). 2) Department stores 3) Professional office use 4) Service uses 5) Ealing establishments, but not in eluding drive in restaurants 6) Parking lots 4.117.3—Accessory Uses The following accessory uses shall be permitted in the C 6 Commercial Dis tnct 1) All uses customarily incident to a principal permitted use listed in Sec tion 4.117.2, except those uses listed as Conditional Uses for this district (See Section 4117,4). 4-117.4—Conditional Uses The following uses are permitted in the C 6 Commercial District, but only In accordancewith the provisions of Article VI of this ordinance governing the issuance Of Conditional Use Per mitts t) Any use listed as a principal per milled use in the C 3 Commercial District (See Section 41142), except those uses specifically listed in Section 4 117.2 as Principal Permitted Uses 4117.$—Schedule of District Regula. tions Adopted Additional regulations for the C 6 Com mercial District Shall be as set forth in the C 6 Schedule of District Regula tions, hereby 8dopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance entitled "Supplementary District Regulations". C-6 Schedule of District Regulations 4.117.6 --Special Provisions Governing the Expansion of Existing C.6 Commer clef Districts and Uses Contained Therein 4117.61—Planned Unit Development Plan Required for Expansions or Ad- ditions Greater Than 20 per cent of Existing Gross Floor Area Within a C 6 Commercial District Expansion of existing conforming uses Of the addition of new permitted uses within a C 6 District shalt be allowed by right to an extent not exceeding twenty per cent (20 per cent) of the gross floor area for the C 6 District existing at the effective date of this ordinance, provided inat Such expan sion or add ltion does not violale any other provision of this ordinance. However, no such etltlltion orM'Ptn Sion greater than twMl' exC ct n a5 is a per cent) Shall be pe Planned Unit Development pa submitted an aetl in accordance with the requirements and procedures o1 Section 41to of this ordinance 4111.6.2—Punned Unit pevetopment Pian Required for Expansion of an Existing tori of am existipneg CialD61 sComt therCouncil except P Strict aasba Pienled Ulled nit All Principal Permitted Uses, Accessory Uses, or Conditional Uses Minimum Required Setback from the 75' nearest public street (In feet) Maximum Building Height (In feet) 35' Minimum Required 1,0 per 200 square Off -Street Park- feet of gross floor Ing Spaces I area 4.117.6 --Special Provisions Governing the Expansion of Existing C.6 Commer clef Districts and Uses Contained Therein 4117.61—Planned Unit Development Plan Required for Expansions or Ad- ditions Greater Than 20 per cent of Existing Gross Floor Area Within a C 6 Commercial District Expansion of existing conforming uses Of the addition of new permitted uses within a C 6 District shalt be allowed by right to an extent not exceeding twenty per cent (20 per cent) of the gross floor area for the C 6 District existing at the effective date of this ordinance, provided inat Such expan sion or add ltion does not violale any other provision of this ordinance. However, no such etltlltion orM'Ptn Sion greater than twMl' exC ct n a5 is a per cent) Shall be pe Planned Unit Development pa submitted an aetl in accordance with the requirements and procedures o1 Section 41to of this ordinance 4111.6.2—Punned Unit pevetopment Pian Required for Expansion of an Existing tori of am existipneg CialD61 sComt therCouncil except P Strict aasba Pienled Ulled nit 398 Regular Session, August 4, 1975 Development plan for such expansion is submitted and approved in actor dance with the requirements and pro cedures Of Section 1 110 of this or dinance. SECTION 4.111-111) DISTRICT INSTITUTIONAL 4118.1 --General Statement of Intent The ID Institutional District is a spe tial purpose District designed to ad dress the particular problems and characteristics of Dubuque's many in stilutional facilities. It is the intent of this Ordinance that this district Shall only be applied to facilities possessing the characteristics Of institutional use set forth in this SWiOn. The Council finds that several factors distinguish institutions from other land use activities. The most salient feature of institutions is their tendency 10 function as substantially separate corn munifies within the City. They main Iain a large and definable resident population within a more or less dis trete geographical area. Typically, a brood ranl ! of essential living services end facilit es are provided by the inst, tutions internally for both Its resident and transitory populations. A second common feature of Institutions is a primary educational, medical, reli ?bus, or charitable purpose. This dis f inguiShes them from commercial nursing homes, hotels, boarding Nous es, and similar uses. because Of these purposes, and the fact that institutions often provide ser vices useful or beneficial to the public welfare, the use regulations for this district are broadly worded 10 permit a reasonable latitude for institutional self determination The Council recog nizeS, however, that the maintenance or creation of certain uses desirable to the institutional community may be unbeneficial or even inimical to the Public welfare. This is part+cularly r U! in locations where the institution abuts the broader community or where the use is Of a size or Intensity that is likely to affect a public Interest or at tract substantial public involvement in its Operation, such as commercial uses For this reason, individual scrutiny in accordance with prescribed standards will be exercised over the establish meet and operation of uses potentially harmful to the publiC welfare within 10 Institutional Districts, and it is the express intent of Council that the regulations of this District should be so interpreted as to exclude all commer tial uses not specifically authorized herein 11 is further the intent of this or dinance that, because of the very sub stanfial impact institutional uses may have upon the surrounding commu pity, no expansion of an existing ID Institutional District will be permitted except in accordance with the provi sloes Of 4118.6 of this Section, which requires a preliminary growth plan to be filed and approved prior to institu tional reclassif kation or substantial on premise expansions 1.111111.2—Princi el Permitted Ii All Pnslifutions Within any ID Institutional District the following principal uses are ppeermitted. subject however to the Iimltetion s of 1.118.6 of this Section 1) Single family, two family, or multi PI le family dwellings for the housing of stitutional residents or affiliates. 71 Offices for administrative person nel or other institutional employees or affiliates. 7) Churches, libraries, and museums. U Classrooms, laboratories, lecture halls, auditoriums and similar places of Institutional assembly S) OH.atreet parking and loading. 6) Nursingor convalescent homes of institutional residents or affiliates. 7) Recreational or athletic facilities for the primary use and benefit of Instilu tional residents or affiliates. 8) Farms, gardens, nurseries or green houses. 9) 10) e 11e.7—Additional Principal Permit. ted Uses for Medical Institutions In addition to the Principal Permit led Uses listed in Section 1118.7, the following additional principal uses shall be pKmitted for Medical insrou tions, bur Only in accordance with the limitations Of 1118 6 of this Section. 1) Facilities and operations for the diagnosis. care. and treatment Of hU man health disorders, including ex amination or operating rooms, physical therapy or x ray facilites, psychiatric treatment, convalescent care. and Si mdar hospital related uses, but not to include Commercial uses or uses listed as Conditional or Accessory Uses for this District This provision Shall in elude separate doctors' Clinks Or Other medical facilities not owned or operat ed by the principal institution, but only where Such facilities are functionally related to the institution and are includ ed within the original Institutional District boundaries or the approved Preliminary Development Plan, as provided in C 118 6 of this Section 1 111111.4—Accessory Uses The following accessory uses Shall be Fin the ID Institutional Dis filet. subject however to the limitations Of 4 118 6 Of this Section 1) Restaurants Or cafeterias for the exclusive use and convenience of msti tutional residents or affiliates and located entirely within a principal building 7) All other uses customarily incident to the principal permitted use in con junction with which Such accessory use is operated or maintained, but not to include commercial uses or uses list ed as Conditional Uses for this District e.1 W $—Conditional Uses The following Conditional Uses are permitted in the ID Institutional Dis trict, but only in accordance with the provisions of Article VI of this Or dinance governing the issuance Of Conditional Use Permits and the limi tations Of 4 118 6 of this Section. 11 Restaurants or cafeterias. flower shops, gift shops. and candy, cigar, or magazine s ands. but only when operated as accessory uses and local ed entirely within a principal building 7) As an accessory use to a medical institution, and located entirely within a principal building, facilities for the compounding, dispensing, or sale of drugs or medicines,prosthetic devices. lotions and preparations, deinlal care supplies, eyewear, bandages or ares Sings, and similar medical Or health related supplies 7) As an accessory use to an education al Institution and located entirely with in a principal building, bookstores, or bars seating not more than seventy five (75) persons at one time and located not closer than two hundred feet (7110') from the nearest residential or office residential district No Conditional Use Permit for the Con allowedclitional Uses l shall be grantedunless theB ardlo Of Adjustment finds that. 1) The proposed use is reasonably necessary for the benefit and con venience Of institutional residents, of filiates. or temporary visitors, and will be of a size, location, and operation that sig nit cant patronage by the goner al public will not be encouraged, and 7) No signs or advertisement of any kind which are visible from a public street Shall be allowed. ♦1111.6—Special Provisions and ProCe dura Governing fes Expansion of Instill.&I Districts and Uses 4 116.1.1—Statement of Intent 11 is the intent of this Section t0 require pro at preliminary planning by the nstitution and appropriate govern mental review as a pre requisite to the expansion or creation of any 10 Insii lutional District The Council finds that such preliminary planning IS necessary to Insure that as existing institutions expand in size or intensity of use, or as new institutions are form ed, the probable impacts of such growth on the surrounding commu nity and the public welfare can be anti cipated and evaluated in advance cetlures Certain provisions and procedures of the PUD Planned Unit Develop District considered appropriate so accomplish mese goats are adopted or referred to in this Section, and should be read in pan materia with the Prov' sons of this Section Regular Session, August 4. IT., 197 4 118.6.]—Application and scope The provisions of this Section shall ap Any expansion in the aggregate gross floor areafor all uses contained within an ID Institutional District which would result in aggregate gross floor area for such district of more than ten per cent (10 per cent) above that aggregate gross floor area for the district existing at the effective date of this ordinance c 114.6.3—error Preliminary Develop. ment Plan Approval Required — Pro- cedures None of the activities Iistpd in 4 118 6 2 of this Section shall be permitted unless such activity is in substantial confor mance with a Preliminary Develop ment Plan filed and approved not less than two (2) months before commence ment of the activity. Such Preliminary Developpment Plan shall be prepared and su brnitted in conformance with all relevant requirements and procedures of Sections 4110.7 and 4110.8 Of this ortlinance, which are hereby adopted by reference The Commission and Council Shall act on the Preliminary Development Plan as provided in Section 4 110 11 of this ordinance, the relevant provisions of which are here by adopted by reference, with the following exceptions I) The Preliminary Development Plan Shall be judged according to the review standards of 41186. Of this Section rather than the usual PUD standards. 2) Approval of the Preliminary De velopment Plan Shall be valid for a Period of three (3) years 3) A new or amended Preliminary Development Plan may be filed with out cost at any time following COun cil disapproval. 4-118.6.4—Special Review Standards for Institutional District Preliminary Development Plans The Planning and Zoning Commission shall not approve the Preliminary Development Plan required by 4 110 6.3 unless and until the Commission determines that such plan conforms to each Of the following standards 1) The Preliminary Development Plan is in substantial conformance with adopted Comprehensive Plans to guide the future growth and development of Dubuque. 2) Expansions conlemGlared by the Plan are justifiable and reasonable in light Of the projected needs of the insti tutiion and the public welfare. 3) The proposed additions Or expan lions are designed so as to be function ally integrated with the existing institu tional facilities, with due regard to the maintenance of safe, efficient, and convenient vehicular and pedestrian traffic 4) The proposed additions Or exppaan I ions of use are permitted In the district and are of a location, sire, and nature such that they are not likely to inter fere with the appropriate use and en iIoyment of property in abutting dis fritts 51 The Preliminary Development Plan will not violate any provisions or re quirement of this ordinance. 4.118.6.5—Final Development Plan Re. quirements and Procedures At any time within the three (3) years following approval of a Preliminary Development Plan, the institution may file with the Commission a Final Development Plan for the proposed ad ditions or expansions in accordance with the relevant Provisions and re- %rements of Section 1.110.17 of the PUD Planned Unit Development Dis tricf Regulations of this ordinance, hereby adopted by reference. The Com mission will judge the Final Develop- ment Plan for its conformance with the approved Preliminary Development Plan, according to the criteria of Seo tion 4110. 12.4.2. If the Commission ap proved the Final Development Plan as being in substantial conformance with the approved Preliminary Develop meet Plan, issuance of building per mots shall be permitted as provided in A 11012.5. In reviewing the Final De velopment Plan, the Commission shall not consider the standards of e 110.124 3 or 4 110.12. L,1 regarding maintenance of open space, common property. private streets, and useable open Space, except Where the CommiS lion determines that application of such standards is necessary to pre serve the intent of the Institutional District Following approval of the Final Development Plan, no construction may take piece except in substantial conformance with such Plan, as provid ed under Section 4110.126. 4 116.7—Prohibition on Commence. ment of Use By Parties Unassociated with the Principal Institution Withinan existingq ID Institutional District, no use 01her WISP permitted for this district may be commenced by any persons) except I the principal institution or its agent, or 2) A person under contractual or other legally binding obligation to pro vide services t0 such institution (e.g., the independent operator of a student cafeteria), or 3) The person or persons operating a doctors' clinic or other facility permit ted under 4 118.3 of this Section. The purpose Of this provision is to prohibit within an ID Institutional pis trio the commencement of uses un related to the promotion of the primary educational, charitable, religious, or medical purpose of the institution, by requiring purchasers of institutional land and or buildings 10 seek app P ate reclassification of the property 4-118,a ID SCHEDULE: OF DISTRICT REGULATIONS ME RINCIP L EkMl1TE0 USES Mr Tib cip.1 Resident i.1 Nursing or Of/fret o Hospit i U— ((on ales, —, Hooex dint— Institutions Mlnlwue Required rront yard 25' Setbeck(In feel) Minieius Requlrad t0' plus 2' per story over the first ,There abut- Reer yar d ling a res ldenllal or oil lce-res ldenl lel diflr cl Se lback(In to@t) Inlwwe Required Sl de r.rit 6' plus 2' per story over the first Setback (in feet ttaalanse Building _-----y 50 120' "eight(in fee() Mlnl-; Required fur or each 200 SY.II. 1.5 per bad O/! -Street Park- 1.5 per O.U. I every 1 ends of gross Ing Spaces fluor ue• 398 Regular Session, August 4, 1975 Development plan for such expansion Is submitted and approved in actor dance Cedures withthe tSection i4e Ols ents Of lthdPro Or dinance. SECTION 4.118 S RIOT INSTITUTIONAL 4.118,)—General Statementof Intent The ID Institutional District ,s a SPe tial purpose District designed to ad dress the particular problems and characteristics of Dubuque's many in stitutional facilitiesit is the intent of this ordinance that this district shall only be aptlied to facilities possessing the characteristics Of institutional use set forth in this Sectio. The Council finds that several factors distinguish institutions from other land use activities. The most salient feature fuency to ns' Oto aslons substantlilly sepair rate corn munitiet within the City. They main fain a large and definable resident population within a more or less dis Crete geographical area. Typically, a broad ran'le of essential living services and facilit as are provided by the insti tutios Infernally for both Its resident and transitory populations. A second common feature of Institutions is a primary educational, medical, regi r tonus, Charitable purpose. This dis Vn0guishesOthem from commercial nursing homes, hotels, boarding hous as, and similar uses. Because of these purposes, and the fact that institutions ften provide ser vices useful or beneficial to the public welfare, the use regulations for this district are broadly worded topermit a reasonable latitude for ins`Uutional self determination. The Council recog nines, however, that the maintenance or creation of certain uses desirable to the Institutional community may be unbeneficial or even inimical to the Fupublic welfare. This Is particularly in locations where the Institution abuts the broader community or where the use is of a size or Intensity that is likely to &Nett a public interest or at tract substantial public involvement in its operation, such as commercial uses. For this reason, Individual scrutiny in accordance with prescribed standards will be exercised over the establish meet and operation of uses potentially harmful 10 the public welfare within ID Institutional Districts, and it is the express intent of Council that the regulations of this District should be so Interpreted as to exclude all commer tial uses not specifically authorized herein. It Is further the intent of this or dinance that, because of the very sub stantial impact Institutional uses may have upon the surrounding commu nityno expansion of an existing ID Institutional District will be permitted except In accordance with the provi slos 01 4118.6 Of this Section, which requires a preliminary growth plan to be filed and approved prior to institu tical reclassification or substantial on premise expansions. 4.118.2—Principal Permitted Uses— All Institutions Within any ID Institutional District the following principal uses are pem ritted, subject however to the lim lotions of 4118.6 of this Section: 1) Single family, two family, or multi Ple family dwellings for the housing of nslitutionel residents or affiliates. 2) Offices for administrative person net or other institutional employees or affiliates. 3) Churches, libraries, and museums. 4) Classrooms, laboratories, lecture halls, auditoriums and similar places of Institutional assembly. SI Off-street parking and loading. 6) Nursing or convalescent homes of Institutional residents Or affiliates. 7) Recreational or athletic facilities for the primary use and benefit of institu float residents or affiliates. 8) Farms, gardens, nurseries or green houses. 4) 10) 4118.3—Additlonal Principal Permit- ted Uses for Medical Institutions In addition to the Principal Permit tad Uses listed In Section 4118.2, the following additional principal uses shall be permitted for Medical institu tions, but only in accordance with the limitations of 4 118.6 of this Section. 1) Facilities and operations for the diagnosis, carer and treatment of hu man health disorders, including ex amination or operating rooms, physical therapy Or x ray facilities, psychiatric treatmert, convalescent care, and st milar hospital related USPS, but not to include commercial uses Or uses listed as Conditional or Accessory Uses for this District This provision shall in elude separate doctors' clinks or other medical facilities not owned or Operat ed by the principal institution, but only where such facilities are functionally related to the institution and are includ ed within the original Institutional District noundar,es Or the approved Preliminary Development Plan, as provided in 4 118 6 of this Section 4118.4—Accessory Uses The following accessory uses shall be permitted in the ID institutional Dis trict, subject however to the limitations of 4 118 6 01 this Section 1) Restaurants or cafeterias for the exclusive use and convenience f msti tutionai residents or affiliates and located entirely within a principal building 21 All other uses customarily incident to the principal permitted use in con junction with which such accessory use is operated or maintained, but not to include commercial uses or uses list ed as Conditional Uses for this District 411/.5 --Conditional Uses The following Conditional Uses are permitted in the ID Institutional Ds hitt, but only in accordance with the provisions of Article VI of this Or dinance governing the issuance of Conditional Use Permits and the limi talions Of 4 119 6 of this Section 1) Restaurants or cafeterias: flower shops, gift shops. and candy, cigar, or magazine stands, but only when operated as accessory uses and local ed entirely within a principal building 2) As an accessory use to a medical institution, and located entirely within a principal building, facilities for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and prepare, os, dental care supplies, eyewear, bandages or dres sings, and similar medical or health related supplies 3) As an accessory use to an education al institution and located entirely with in a principal budding, bookstores, or bars seating not more than seventy five (75) persons a1 one time and located not closer than two hundred feet (2001) from the nearest residential or office residential district No Conditional Use Permit for the Con dit,oshallal Uses be grantedo unless yti Section heBoardof Adjustment finds trial. 1) The proposed use is reasonably necessary for the benefit and con venience of institutional residents, at filiates, or temporary visitors, and will be of a size, location, and operation that %IQ nit icant patronage by the gener al public will not be encouraged. and signsI No or kind whicchare advertisement sblerom o o public street shall be allowed 4-118.6—Special YPrOv kions and Proce duel nsfitullonal Di tricts and Uses of 4118.6.1—SIatllnen1of Intent 11 is the intent of this Section to require proper preliminary planning by the institution and appropriate ern mental review as a pre requisite to the expansion or creation of any ID Inst' tut Tonal District. The Council finds that such preliminary planning is necessary to insure that as existing institutions expand in size or intensity of use, or as new institutions are form etl, the probable impacts of Such growth cOmMu n ty and tsurrounding he public welfare can be 0 ti cipated and evaluated in advance hn e PUD PlannedUitDevelopment o District considered appropriate lir accomplish these goals are adopd referred to in this Section, and Sold be read in pari malaria with the P sions of this Section Regular Session, August 4, 1975 397 4.111.6.2—Application and Scope The provisions this Section shall ap ply o the following acfivltieg Or de velOpmints The proposed creation through the classificaion of any new ID Inslitu tional District or requeSted exrn,,,On In territory of any existing fits itu hon at District 21 Any expansion in the aggregate gross floor area for all uses Contained within an ID Institutional DistficI which would result in aggregate gross floor area for such district of more than ten per Cent (10 per cent) abnve that aggregate gross floor area for the district existing at the effective date Of this ordinance 4.1116.3 ---Prior Preliminary Develop ment Plan Approval Required — Pro Cedureb Hone 01 the activities listed in 4 116 6 2 Of this Section shall be permitted unlegs such activity is in substantial confor mance with a Preliminary Develop ment Plan filed and approved not less than two (2) months before commence men, of the activity. Such Preliminary Deveio meet Plan shall be prepared and submitted in conformance with all relevant requirements and procedures of Sections 4 110 7 and 4 110 6 of this ordinance, which are hereby adopted by reference The Commission and Council Shall act on the Preliminary Development Plan as provided in Section 4 110 11 o1 this ordinance, the relevant provisions of which are here by adopted by reference, with the following exceptions 1) The Preliminary Development Plan Shall be judged according to the review standards of 41116.4 Of this Section rather than the usual PUD standards 2) Approval of the Preliminary De velopment Plan shall be valid for a period of three (0) years Jt A new or amended Preliminary Development Plan may be filed with out cost at any time following Coun cil disapproval 4.111.6.4—Special Review Standards for Institutional District Preliminary Development Plans The Planning and Zoning Commission Shall not approve the Preliminary Development Plan required by 4 111 6 7 unless and until the Commission determines that such plan conforms t0 each of the following standards 1) The Preliminary Development Plan is in substantial conformance with adopted Comprehensive Plans to guide ih6 future growth and development Of Dvbuque 21 Expansions con e' laled byy the Plain are justifiable anTreasonable in light of the projected needs of the insti ,Dtion and the public welfare 1) Int Proposed additions or expen Bions are designed so as to be function ally integrated with the existing institu "Onal facilities. with due regard t0 the maintenance of safe, efficient, and convenient vehicular and pedestrian traffic 4) The proposed additions or exppdan Sons OI use are permitted in ,r are 01 a location, size, and nature Such that they are not likely to inter fere with the appropriate use and en joyment of property in abutting da irlcts. S) The Preliminary Development Plan will not violate any provisions or re quirenlen, 01 this ordinance 4.111.6.5—Final Development Plan Re. At anyq time With wts ithin thProreerus years following approval of a Preliminary Development Plan, the institution may file with the Comm i SSion a Final Development Plan for the proposed ad dltions or expansions in accordance With the relevant provisions and re gWrements of Section 4110.12 o1 the PUD Planned Unit Development Dig incl Regulations of this ordinance, hereby adopted by reference The Com mission will judge the Final Develop ment Plan for its conformance with the approved Preliminary Development Plan, according to the criteria OI Sec tion 4 110.12 4.2 If the Commission ap Ethe Final Development Plan as being in substantial conformance with theapprovetl Preliminary Develop ment len, issuance of budding per mils shall De permottld as provided in 4 110 12 5 In reviewing the Final De velopmen, Plan, the Commission Shall not consider the Standards o1 4 110 12 4 0 or 4 )10 12.4 4 regarding maintenance of open space, common property private streets, and useable open solace, except where the Commis Sion determines that application of such standards is necessary t0 pre serve the intent of the Institutional D S1, ct Following a proval of the Final Development peen, no construction may take place except in substantial conformance with such Plan, as provid ed under Section 4 110 12.6 4 111.7—Prohibition on Commence. ment of Use By Parties Unassociated with the Principal institution Within an existin? ID Institutional District, no use Otherwise permitted for this district may be commenced by any ppeersons) except I Tne principal institution or its agent, or 21 A person under contractual or other legally binding obligation to pro vide Services t0 such institution (e.g , the independent operator of a student cafeteria). or II The person or persons operating a doctors' clinic Or Other facility permit led under 4 118 ) OI this Section. The pur Pose of this provision is to prohibit within an ID institutional DIS Ir ct the commencement of uses un related to the promotion of the Primary educational, charitable, religious, Or medical purpose of the institution, by requir in purchasers of institutional land and or buildings to seek appropri ate reclassification Of the property 4-118.8 ID SCNEIxILE OF DISTRICT REGULATIONS USE S PRINCIPAL E NI Eo USES Art 14f1denti*i Nurslny or Of llces ot MofDi lsl Use (unv*l esce tit Nu*e Clln tet Infliluliunf Nlnisr♦i eerluirrd Front rue !S' Setb*cs(in fret) Nlni eve xe4ul red ee*r yerd 10' plus 2' per story on the first when *but- S*tb*cS(in lest) stroll a r*fidsnit*i or olllu-nfidentisl district Niniyie a*eul rod Side yerd Setback 6' plirf 2' per story over tM first lin first tl**lieu, eulldiny N*lyht(to fwl) 50• lzo• Nlnlieuxi 14 Nui rsd Off -Street qrS• 1.4 Wr 1 for •very or **c 700 Sp. F[ 1.5 per bed lip Sy*uf G.U. 2 bsdf ul yrosf -- llmr *re* 398 Regular Session, August 4, 1975 prior to commencement Of any use On the ID Schedule of District Regula the premises tions. hereby adopted by reference and declared to be a part of this 4-11s.s—Scheduleof District Regula, ordinance, and in Article V of this tions Adopted ID tudditio al Segall tion, for the as set forthin District Regulations" ordinance, entitled Supplementary Distr SECTION 4.1191 INDUS- TRIAL DISTRICT REGULATIONS 4-111.1—General Statement o1 Intent The L I Light Industrial District is intended to provide for industrial u}he having a minimal impact upon surrounding physical environment and upon ins appropriate use and enjoy mend Of adjacent properlies. Such uses are characterized by operations and activities which produce little or no smoke, noise, vibration, odor, or other potentially harmful emissions or by-products For this reason, L Light Industrial Districts may in some cases bordercommercial or high density res idenlist districts, particularly where natural barriers exist which re duce the visual and operational im pacts of the L I Districts upon the adjacent Uses. It is the intent of this ordinance, however, that individual L I Districts Should not be randomly located throughout the City, but should be Concentrated In lafyer contiguous areas where transportation and utility services adequate TO meet the needs of the district are present. 4119.2—PrinclFal Permitted Uses In the L I Light Industrial District, no building, structure, or land shall be used, and no public building or strut lure shall be built or altered to be used in whole Or in part, except for the f01 lowing purposes: t) Repair service or storage of vehicles 2) Storage, packsp, orf muQ . and processing of ninclude I slaughterhouses ctor bstockut t to ((aids. 71 Laundries and carpet or rug clean ing plants 4) All uses listed as Principal Permit ted Uses -for the C 4 General Commer- cial District except restaurants, bars or taverns, (See Section 4 11S.2 Of this ordinance). S) Clubs, lodges, meeting halls, audi toriums, or places of public assembly. d) Compounding, processing, and pack aging of chemical products, but not including flammable or explosive ma terials as defined in this ordinance 7) Utility Stations, radio, television, or other communication facilities, public or private facilities for the lransmis Sion of electricity, sewage or water, railroad facilities. B) Rental, sales or storage of me chinery, tools, heavy construction equipment, or other similar equip meet 9) Manufacture, assembly, repair or storage of electrical and electrunic products, components, or equipment. 10) Printing, publishing, binding, and typesetting plants. 11) Laboratories for research or engl nearing. 12) Warehousing, storage, or whole sale sales of any product which may be manufactured in this district. 13) Manufacture or assembly Of mu sial instruments, toys; watches or clocks: medical, dental, optical, or similar scientific instruments, ortho 9edic or medical appliances, signs or billboards. 14) Moving and storage companies. 15) Manufacturing, compounding, as sembly or treatment of articles or products from the following substanc es. Clothing or textiles, rubber, pre cious or Semi precious stones or me tet%: wood; plastics; paper, leather. fiber, glass, hair, wax, sheet metal. feathers, fur, and cork, but not includ ing the manufacture of such raw sub stances as a principal operation. 16) Animal kennels, compounds, or clinics 4.119.)—Accessory Uses and Structures The following Accessory Uses shall be Permitted in the L I Light Industrial District. 1) Any use customarily incident to the principal permitted use in conjunction with which it is maintained, but not to iniude uses listed as principal permit ted uses for the H I Heavy Industrial District in subsection (1) of Section 4 120.2 or as Condition Uses in Section 4 120.4. 4-119.4—Conditional Uses The following Conditional Uses are permitted in the L I Light Industrial District, bye only in accordance with the provisions Of Article VI of this ordi nance governing the issuance of Condi tional Use Permits 1) Restaurants, taverns or bars 2) Truck and motor freight terminals 3) Excavation, extraction, mining, or processing Of rock, sand, gravel, soil Or other raw materials from the earth for resale. 4) Gas stations 4-119.5,—Prohibited Uses The following uses are expressly Grohi bited in the L I Light Industrial Dis trict, and nothing in the provisions Or regulations for this District shall be interpreted or construed to authorize the esiabl ishmenl of any such use in this District as a principal permitted use, accessory use, or conditional use. I) Residential use. except for a watch man or custodian residing on the premises 2) Any use listed as a principal permit ted use in The HI Heavy industrial District, under Su (1) Of Sec tion 4 120.2 Or as Conditional Uses in Section 4 120.4. 4119.6—Schedule o1 District Reguls- bons Adopted Additional regulations for the L I Light Industrial District shall be as set forth in the L. I Schedule Of District regulations, hereby adopted by refer ence and declared to be a pari Of this nannentitled,Supplementary cn'fthis o ceDiis trict Regulations" 4-119.6 L -I Schedule of District Regulations _ ALL PRINCIPAL PERMITTED ACCts)uxr, uI., --- Maalmum B.,)ding S0,Nelght (in feet) Minimum Slneyard S et 11.11 li leas) to' Plus 2' per +tory over thbut only where the yard abutsMinlmum Rcar yard dentia or oillce-residenti.lSetback (in feet) Minimum Required Required olf-,tra.t puking and lo.dorUf(-SttenLtrictIh.II be •s set forleIlly and Luad ley y of telt urd in.nce, enlltled "Suppls- Spaces trict Regulations". t5ee section Regular Session, August 4. 1975 399 SECTION TRIAL DISTRICVY INDUS. 4.120.1—General tote ialt D f Intent I The H I Heavy is intended to provide appropriate p ate Iota tions for those industrial uses which by their nature tend to generate levels OI smoke, dust, noise, Or odors that ren der them incompatible with virtually all other land uses The Council finds mat the Continued Operation and de velopment of such quasi nuisance uses is necessary to the economic health and pUDiic welfare of the community, but Thal the potentially harmful im pacts of such uses upon surrounding activities requires them to be physical IV isolated or "buffered" from adjacent uses that may be adverslly affected For this reason, the H 1 Heavy Indus trial District will be mapped only in areas where topographic features or adjacent Light Industrial Districts mitigate the effects Of the zone upon nearbyuses It is Iurfher the specific intent of this ordinance that those uses, activities and operations 11 Sled as principal permitted uses under Subsection (1) of Section 1 120 2 or as Conditional Uses under Section 4120.4 should be exclu sively confined to the H I Heavy Indus trial District, and that the lists of per milled uses for other districts should in all cases be construed and interpret ed so as to elfecutate this intent 4120.2—Principal Permitted Uses The following principal uses shall be ppermitted in the H 1 Heavy Industrial Ditirict 1) Manufacture o1 any raw substance or material for Which assembly is permitted in the L 1 Light Industrial District under Section 4 119.2 (15) 2) Any other use except residential uses (excluding a custodian or Watchman residing on the premises) or uses listed as Conditional Uses for this District IS., Section 4170.1). 1120.3—Accessory Uses The following accessory uses shall be rDismitted In the H 1 Heavy Industrial tricl 1) Any use customarily incident to the principal permitted use In conjunction with which it is maintained 1120.1—Conditional Uses The following Conditional Uses are permitled in the H I Heavy Industrial District, but only in conformance with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits 1) Manufacture, storage or proces sing of the following products or ma terials: Glue. petroleum products or any flammable liquid, asphalt or con. Crete products. explosive materials of any type: structural steel and foundry products, fertilizer. pharmaceutical Vproducts, including cosmetics, toile (ries, and soap, end stone products, including brick, Clainy stone, and similar masonry materiels. 2) Slaughterhouses or stockyards 3) Manufacture or processing of the fol lowing materials Acid: time or lime products, coke; coal tar. creosote; celluloid or cellulose products, deter gent, and ammonia or chlorine 1) Refuse dumps. 5) Sewage treatment plants 6) Crematoriums, reduction plants; foundries, forges or smelters 4170.5—Schedule of District Regula- tions Adopted Additional regulations for the H I Heavy Industrial District shall be as set forth in the H I Schedule of District Regulations, hereby adopted by refer once and declared to be a part of this ordinance, antl in Article V Of this ordinance, entitled "Supplementary District Regulations'. 4-120.5 11-1 SOADULL OF DISTRICT EIY=JCIQJs Att PRINCIPAL PERMITTED, ACCESSORY, OR CONDITIONAL USES Maximum Building 120' Height (in feet) Minimum Required Required off-street parking and loading spaces for Off -Sweet Park- the H-1 District shall be as set forth in Article Ing and Loading V of this ordinance, entitled "Supplementary Dis- Spaces trio Regulations". (See Section 5-1041 ARTICLE V-- SUPPLEMENTARY DISTRICT REGULATIONS SECTION S 101—ACCESSORY USE PROVISIONS S 101.1—General Provisions S 101.1.1 --Only Specifically Authorls. W Accessory Uses Allowed, Acces- sory Uses Must W Subordinate to Pri nci(p aIU 10 U10 No accessory use shall be permitted in any district unless such use is specifi Cally authorized by this Ordinance No accessory use shall be deemed to be authorized by this ordinance unless such Use is in fact subordinate to and on the some zonlnQQ IUt with the pr Incl Pal use IntonjuncliOn with which It is maintained 1101.1.2—Location and CoversY• tit Accessory Uses, Building, and Sfruc- Location tures No accessory use, building, or structureppeermitted byt this OI durance may be located in a front Vara, except as otherwise specifically au)hOrized. No accessory building end no structure, equipment or material of any kind exceed live (S) feet in height may be located in a required side yard Accessory Building Coverall: Permit led accessory buildings may not cover more than thirty per cent (30 per cent) of any side or rear yard. Side and Rear Yard Setback for Acces. sory Buildings and Structures: Where a garage is entered from an alley, such garage shah be located no less than six 16) feet from the alley linea All other permitted accessory build Ings or structures shall be located no less than three (3) feet from any side or rear yard line, except where a great er setback is required by other provi cions of this ordinance 5.101.1.3—Residential Dwelling Prohi- bited in Accessory Buildings No accessory building may be used for residential dwelling purposes at any time Slot 2—Permitled Accessory Uses s-101.7.1—Residential Districts lR-1, R 2,R 3, R-1, R4 Accessory uses shall be permitted for the principalparmitied uses and condi tional uses o} the residential districts only in accordance with thedprow islons of and delle ed bo p be apart of this ordinance 400 Regular Session, Augest 4, 1975 6. NPn-corwerc 1.1 gardens and nurser les. 7. Non-commercial greenhouses, prov ld.d that gr— h.duan one hundred (100) sgwr. feat In !loot are. must h.ve an approved Sit. ►1•n as provided In Sect lm 5-101 of thls or dlnance. b. Off -Street parking and storage of vehicles, 101.4 of c essay use customarily incident to a principal permitted use or conditional use shall be permitted, except those uses specifically prohibited In the diS trict. 5-101.3—Nome Occupations 5.101.3.1—Permitted Home Occupa. tions for Residential or Office -Resi- dential Districts Home occupations Shall be permitted as accessory uses to a principal rest dent ial use within any residential or 011ice residential district (R 1, R 7, RJ, Re. R 5, OR 1), but only in con lormance with the standards of Section 5 1011.2 of this ordinance. 5 101.3.7 --Home Occupations Stand- ards In addition t0 meeting the general ac cessory use standards 01 Section 5 101 1 andllappiicable standards or regula tiont of the zoning district in which it it located, each home Occupation shell comply with the following standards I) No home Occupation may be oper ated in such a manner as to create offensive no lie. odor, smoke, heat, vibration, electronic interference or Other interference with the •ppppropri lite use and enjoyment Of adjacent properties, or otherwise constitute a nuisance or safety hazard to adjacent persons or properties. 7) No outdoor storage of equipment Of me renals used in the home occupation shall be permitted. (75 per cent) of thantwenty total five per 0l a dwelling unit may be devoted to the home Occupation. 4) No internal or external alteration which would Change the basic Charas ter Of the building as a residential dwelling shall be permitted. 5) No non resident employee($) may be employed on the premises at any lime. of OotlS 6) NO sales or public display al goods shell be allowed. except produced on the premises may be sold On the premises. 7) A permitted home occupation may be operated or main tamed as an asses sory use only in the principal build ng Section 5.101.4—Spacial Regulations Governing the Off Street Parking and Storage of Vehicles in Residential Districts 5.101.4.1—Statement of Intent In order to avoid the Obstruction Of ppublic streets and sidewalks, provision frall is visibility, insure the of dweKngs, andhtand air to man maintain the idv dual harmony and charaCler deemed) ap propriate in resitlMtial neighbor s within the City• it is the intent 01 this is ordinance that the provisions Of so as to prohibSection Should it any narrowly anypaking or construed5101 age of vehicles On residential iC dos, except as clearly and sp authorized herein S 101.4.7—App$ licstion and Scope of wegualfonb shall The of governnrovisions his the off street spark ngcOrostorage of vehicles as an accessory use within anY R 1, R 7, R 7, R 4 or R 5 residen tial disiricl, and no such accessory withinQeanyrksuchr storage oshall be Regular Session, Aug7tst 4, 1975 per miffed except in conformance with these provisions S. 101.4.3—Definitions The following definitions Shall govern the interpretation of this Section 1) vehicle. As used in this Section, a vehicle shall be broadly interpreted to mean any implement of conveyance designed or used for the lransporta hon of people or materials on land, water or air, including but not limited t0 automobiles. trucks, bicycles. mo torcycles, snowmobiles. boats, air planes, helicopters, trailers. campers, wagons, etc 21 'foraa The substantially uninter "'pled pa tem Ml on a residential lot of any vehicle for any consecutive period of time exceeding forty eight (40) hours 31 parking The placement on a res, dentlal Iat of a vehicle for any substan tially uninterrupted period of time not exceeding forty eight (48) hours 5101.4.4--Off.StrNt Park Ing or Stor- age of Vehicles Allowed as an Acces. sory use, Subiectto Standards Within any R 1, R 2. R 3, R 4, or R 5 Residential District, the off street f vehicles as an acking rstorage p accessory use toa residential dwell mg unit is permitted. but only in conformance with the standards of 5ection S 101 4 5 5 101.4. S—Standards Governing the Off Street Parking or Storage of Ve. hicles as an Accessory Use in Rest dential Districts 1) Maximum Size Limitation on Vehi. des Stored No vehicle exceeding twenty (20) feet in overall length or nine (9) feet in over all height may be stored anywhere on a residential lot as an accessory use. contrary provisions of this ordinance notwithstanding. 1) Front Yard Storage Prohibited NO vehicle may be stored in the front yard of a residential dwelling under any circumstances, but front yard Parking 01 vehicles may be Perm tI ed n conformance with the other stand ards of this Section. 3) Rear Yard Storage Required, it Accessible All vehicles shall be stored Only in a rear yartl, where one exists. except that where no rear yard exists, or where the Building Commissioner de termines that an exi%finq rear yard is not reasonably accessible, thennot more than one (1) vehicle may be stored in a side yard, provided that no Part of such vehicle may be stored within a required side yard 41 CurrentRegistration Required for All Vehicles Stored No vehicle may be Stored as an acces sOry use On a residential lot unless Such vehicle bears a current Iowa caroti tate of motor vehicle registration Si Storage in Required Parking Spaces for Multiple Family Dwellings Pro. hibited Contrary provisions Of this ordinance notwithstanding, no vehicle storage Shall be permitted in the required park mg spaces for a multiple family dweI ling. Oft street vehicle storage space may be provided for a multiple lam„y dwelling, provided Iha1 a Site Plan for such space is approved in ac I.dance with Section 5 103 OI this Ordi nonce SECTION 5.101 GENERAL PROVI- S107.1—Aver•ye SlFront Yard Setback Required in Residential Districts on Developed Street Fronts It Is the lintent5at th"Snsecftlionetlo pre Serve the visual cont, nwty and her many Of existing, developed residen 1181 areas by requiring that new strut lures built On developed blocks provide e front yard substantially equivalent 10 the average on the block 5101.1.2—Average Setback Required In any residential district IR 1, R 2, R 3, R 4, R 5) or office residential district (OR 1), where a front yard greater or less than is required by this ordinance has been maintained for existing structures on lots having a frontage of tilty per cent (Sp per cent) or more Of the total frontage of the block, the required front yard setback for all structures or buildings on the block Shall be not less Than five (S) feet less than, nor greater than five (5) feet more than the average front yard setback of all structures on the block, contrary pprevisions M this or dinance notwithslantling, provided fur then that in no case shall these provi- sions be interpreted to permit a front yard of less than ten (10) feet, nor shall these provisions be interpreted to re quire (Sa feet yard of greater then fifty5.102.2--00114inMnance of Visibility on Residential Cerner Lots Required On anycorner lot located within a resident lel or of NCC resident, of (OR) District, including Such districts which aresuperimposed with the Planned Unit Development designation, nothing shall be erected, placed, planted. or of lowed to grow in such a manner as to materially impede vision between a height of two and one half (71'2) antl ten 110) feet above the center line grades of the intersecting streets in the area bounded by the street lines OI such corner lots and a lin!Oin ung the points of Such street lines ,Ch are fifty (50) feet from the Dint of intersection. SECTION S-103—SITE PLAN REVIEW PROVISIONS 5-103. t --General Statement of Intent The Council finds that a lack 01 often tion t0 both the Characteristics of land being developed and its relation to the surrounding ph sical environment has too often resu Ied in functional and esthetic deficiencies in the construction of new structures and facilities within the City. The Council further finds that lack of pproper site planning 10 avoid such de 1'iciencies limits the opportunity to at fain theOptimum use and value of land and improvements within the City. increases the cost Of providing neves nary municipal services to residents. hinders the harmonious and attractive growth and development of the City, reduces the stabil 'ly and value of property, encourages the premature deterioration and obsolescence of indi vidual structures and neighborhood communities, and seriously reduces the desirabilityof residence. occupa hon, and investment within the City. The site planning review require ments of this Section are designed 10 at leviafe the ueleierious effects of un planned site development by providing for appropnate administrative review over thhose elements of site develop ment in which the public interest is in valved Regulations of this section are therefore intended 10 insure a high level of functional efficiency. innova Non, attractiveness. and harmony in the phvsscal design and development of new structures and facilities, and should be narrowly construed as the minimum requirements necessary to promote the public wrtitare S-103.7—Application and Scope No building permit or occupancy per mit shall be issued. and no construe hon. grading or other land develop merit activity listed below may be cam menced on property unless a Site Plan has been submitted and approved for such activity as Set forth in This Section Development activities subject to the requirements of this Section may there after be carried out only in substantial conformance with the approved Site conditionsplan and any a/lathed mereto, Any substantial ation from the approved Site Plan, unlessapproved in advance by the City Planner, shall be deemed a viola tion of this Ordinance Oevelopment N Activities Subject 10 $I P I) Construction of any building with a Noor area ifmore p an600 square qne feet excepts0 family e dwellings and duplexes and permitted accessory structures to a single family dwelling or duplex. 2) Any change, alteration. or tnt)d it ice hon in a structure or use which WOUItl require the provision of additional off elreef parking spaces. additional lot area. or other substantial e c ha0such in toning requirements app structure or use. 402 Regular Session, August 4, 1975 3) The construction or creation of any parking lot or the expansion Of any existing parking lot pion Review—When Permitted Site The City Planner me y waive the re quirements for Site Plan review for any development activity within the stole of Section 5 103.1 (2) or S 1D3.2 (3) where he reasonably believes that sucn wii not adversely affect Of thepurpose sand intent Ofthis dinance. A15 to plan shall contain the Sol owPlan ng items of informalio. 5.103.4.3—Written Information 1) Leal .description and address of theproperty 2) Name, address, and phone num ber(s) of the property owner(s). 3) Name, address and phone num ber(S) Of the developer(s) or contrac tor(s), it different than the owner(s) 4) Proposed construction and landscap ing schedule indicating the timing and sequence of each major development activity 5) Proposed use(s) for all non rest dential buildings or structures. 6) Data clearly identifying the follow ing Total number and type(s) of dwelling units on the property: num ber and type Of all structures or build ings, whether residential Or non resi dential, total area of the property, number o1 dwelling units per acre, total floor area of each building. 7) Present Toning classification(s) Of the prOplfty. number of parking proposed nt and eaty on tnd he properly 5.103 'in Materials The Site Plan shall include one or more appropriate scaled maps or drawings of the property clearly and ac cure lly ind scaling the following. I) Complete property dimensions, 2) The localion, grade, and dimensions of all present and or proposed streets or other paved surfaces and engineer ing cross sections of proposed new curbs ano pavement: 3) Complete parking and traffic circu lalion plan. R applicable, showing loco tion anddimensions of parking $fails, dividers, planters or similar perma hent improvements. perimeter screen ing treatment, including landscaping, etc.: t) Location and full dimensions of all buildings or major Structures, both proposed and existing' Showing exteri or dimensions, number and area of floors, location, number and type of dwelling units, height Of builaing(s). etc.. 5) Existing and proposed contours of the property taken at regular contour intervals not to exceed five (5) feet, or two (2) feel If the City Planner deter mines that greater contour detail is necessary to satisfactorily make the determinations required by this ordi nonce. 6) The general nature, location, and sire of all significant existing natural land features, including but not limited to Sidewalks or paths, tree or bush masses, all individual trees over six (6) inches in diameter, grassed areas, surface rock and or soil features, and all springs, streams, or other perma nen] or temporary bodies of water, 7) A locational map or other drawing at appropriate Scale Showing the general location and relation of the property to Surrounding areas, including, where relevant, the toning and lend use pat tern of adjacent properties, the exist mg street system in the area, location of nearby public facilities, etc. S-103.6.3—Additlonal information In addition t0 the information required by Section 5 103 6, the Site Plan shall contain such additional Information as the City Planner reasonably considers necessary to properly make the deter minations required under Section 5 103.6 of this Section S-103.5—Requirod Procedures for Site Plan Review Pre-appllcstion Conference Require - meal At least three (3) days prior to submis siorl of a Site Plan for review, the appy cantshall meet with the City Planner Or his designee in a pre application conference. The purpose of he pre application conference is to acquaint the applicant with standards antlro cedures of Site Plan review and allow him to outline the nature of the develop ment proposed for initial comment and advice of the City Planner Appplication for Site Plan Review F011owing Me pre application confer enc e, application for the Site Plan re view may be made by submitting to the Planning Department lour (6) copies Of a completed Site Plan, logeth er with the application lee specified in Article X of this ordinance The Plan ning Department Shall Promptly Sub mil one (1) copy of the Site Plan to the City Engineer for review antl comment and one 11) copy to the Zoning Adminis trator for his Permanent records. The remaining copies shall be retained for Planning Department use. Review Procedure for Site Plans Within fourteen (14) days following proper application for Site Plan re view, the City Planner Shall take ac tion to ether approve, approve su b'Iect to conditions, or disapprove the Site Plan The City Planner shall Promptly notify the applicant Of the action taken and shall indicate in writing the reasons for such action In conducting the review Of Site Plans, the City Planner may solicit the advice OI opinions 01 other interested City de per.tments In the case of any Site Plan which proposes the construction of new streets, driveways, curbs, or other paved surfaces designed for ve h,CUlar use. the City Planner Shall first Obtain the advice and comment Of the City Engineer prior to any actio 5103.6—Standards for Site Plan Re. view 5103.6.1—Application o1 Standards The City Planner shall not approve any Site Plan unle6S he determines that such plan is in conformance with the general standards Of Section 51036.2 and the specific development stand ards contained in Sectio 5 103 6 3. if applicable 5103 6,2—General Site Plan Review Standards APr'Irotecltion0 All Site Required: All Steep eas 010 the y for which the slope exceeds ten per lcent ( 10 per cent) shall be carefully protected by appro priate measures against soil erosion and run off, falling rocks or trees, and any other potential detriments to the site or adjoining property related ted 10 the steepness or ruggedness land surface The City Planner may Solicit the advice and comment Of the City Engineer or the Soil Conservation District officer in deteCrt ininrotheuraes propriateness of P and may formulate reasonable rules ees and policies governing specific byog protection measures it app City Council ProtecCve Measures to Conserve Site Amenities Required mat the The Site Plan ,ade an serious and reasonablvelopere hes reesoable )]loft. consistent pwith the sed development, n naturepe, scale, and elopment,,oconseryt eand rp et those natural physical chara[teristics o1 the site which are 01 some lasting benefit 10 the property and 10 the COM munity of large, including, but not limited to I) Trees over six (6) inches in diameter 2) Streams or other bodies o1 water 3) Trees of any site within reQui d yard areas unless removal is necessary for purposes of access, grading, tic circulation, utility installation or drainage Lighting Standards All lighting fixtures Or devices Shall be so designed and arranged as to ade quately service the illumination needs Of the development itself without Cast ing residential ssary properties or Otherwise in residential grope ulation and safety or with traffic: appropriate use! end Satlfy Or with the applOP property enjoyment of surroundin pr0 P Screening Standards Gll it ent opacity 10 effectively Screen ll be Of Suit' development from surrounding Proper Regular Session, Au};53st 4, 1975 403 ties which may be detrimenlally of fected. Exceft where the type or compositiono screening is specified by this ordinanceany permanent and of festive method may be used, such as pppll!antings, WallS. earth Or Other land me such CCiS do not compromise barriers etc , so gthe soD ec hues Of thisappropriate tonce and are the development reason ably aDProp self Underground Placement of Utility Systems Required All utility service transmission Sys terns, including but not limited to water, pas. sewer, electnCal, 0r tele phone lines Shan be placed under ground whenever reasonably preen cable Design of birth, Garbage, Storage and All outside rubbish, storage, and gar bage areas shall be permanently screened from view to a height of at least six (6) feet and so constructed as to prevent accidental dispersal of the meter ial contained therein 5-103.6.3—Specific Development Stand. ards 5-103.6.3.1—Parking Lot Standards All parking lots shall conform to the following standards 1)Appropriate visual screening in con, ormance with the screening stand arils Of Section 5 103 6 2 Shall be pro vided on all portions of the parking 101 perimeter area which are visible from any residential district located within two hundred (200) feet of such parking lot, except in exit or access driveways. 2) All areas designed for vehicular use shall be paved with either an eight inch IS-) rolled Stone base and two and one half inch (21 r") asphaltic con trete mat, a six inch t6") Portland cement concrete pavement, or other equivalent pavement approved by The City Engineer The paving surface must be so designed and maintained as to allow prompt and effective drainage of natural precipitation No water drainage across Sidewalks shall be al lowed 3) Adequate illumination of the lot shall be provided In conformance with the standards of Section 5 103.6 2. In no case shall Illuminating devices be plat ed higher than fifteen (I5) feet above ground level In a residential district a) All parking Spaces shall be clearly marked Appropriately placed signs and or pavement directions shall be ern Gloved to guide internal circulation and traffic access and exit No en trance or exit drive may be closer than fifteen (15) feet from the nearest residential district 5) A live hardwood tree of at least two (2) inches in diameter shall be planted and ma;ntalned for every ten (101 parking Spaces within the lot, or any portion thereof S-103.7—Appeal Procedure The Site Plan review applicant, any aggrieved citiren, or any two (2) mem bers of the Planning Commission may upon notice appeal in whole or in part any determination or decision of the City Planner made within the scope Of this Section, including a decision to waive Site Plan review made pursuant to Section 5103.3 Appeal is without cost and shall be made by delivery of written notification M the appeal to the Planning Department within the fit teen 115) days immediately following the decision or determination from which appeal is sought. The Planning Commission shall re view an appeals. and to that end shall have all the powers and duties of the City Planner relative to Site Plan review The affirmative vote of at least four (4) Commissioners shall be necessary IO affirm, overturn, or modi fy the decision from which appeal is sought At the Commission meeting, the appealing party or parties and all other interested parties shall be pre sented a reasonable oppportunity to present their views. Fol lowing the appeals hearing, the Commission must take action no later than the next regu lady scheduled Commission meeting. A failure to act within Such period Shall have the effect Of affirming the determination from which appeal has C, made Decisions Of the Planning and Zoning Commission may be ap pealtW to the Board of Adjustment in he Same manner as appeals from a decision of an administrative Officer SECTION 3.104—OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS FOR COMMER CIAL AND INDUSTRIAL DISTRICTS 5-104.1—Application and Scope The pprovisions of this Section Shan ap ply f0 all uses located within a com- mercial or industrial district, except the C 5 and C 6 Commercial Districts. No such use shall be expanded or en larged in any manner unless the off - street parking antl load ng spaces re quired y S 10A.A Of this Section are pro vided in full for Such addition or ex pension In addition, no Such use which is nonconforming at the effec five date Of this ordinance in respect to the off street parking and loadinq requirements of this Section Shall be hereafter expanded Or enlarged to an extent greater than twenty five (25 per cent) unless parking and loading Spaces are provided in full so as to 5-104.e SCHEDULE OF OFF-STREET LOADING SPACE. RE2UIREMENT9 USE GROSS F100A AREA SPACES REQUIRED (Square feet) I. Professional office 0 - 9.999 none use; Hotels, coriwer- 101000 - 99.999 1 clel Itecreatlonal 100.000 err sure I space For each 100,000 facilities sgAt, or fraction thereof 2. tlanuf-t-Ing, 0 1,999 none Yarehou+ing 5.000 - )9.999 1 40,000 - 19.000 2 80,000 or MI. 1 sp.c. for each 50,000 sti.ft, or fraction thereof 3. Restaurants; Uun- 0 - 9.999 none drles or dry-clean- 10,000 - 24,999 1 Ing establl Masnt+. 75.000 or cora 2 sP•ces plus 1 additional storage facilities •pact for every 50,000 sp. fl. or fraction thereof in e.c.ss of 15.000 -q-ft. of Gross Flour Ar -e& /• All other coasearclal 0 - 9,99y nOAe I Industrial uses 10.000 - Z9.999 1 not listed In parts )0,000 or Mr.' 7 sWc.s Plus 1 additional 1, 2, or 3 above span for each 50,000 "1 ft. or fraction thereof In e.tess of 10,000 so ft. 404 Regular Session, August 4, 1975 bring the entire expanded use into conformity with this Section f Off - Street Parking and Loading ReRequire. ments The putiliio following of rules dgOff street pparking antl wlidm?, spaces. 11 where computation Of requirltl Ott street parking spaces results in a frac tional number, fire re%uiretl spaces for the use Shall be 1h! next higher whole number. 7) Where more than One use i5 established on a single lot, the off street parking and loading require merits for the 101 shall be the sum Of the Se ate requirements for each use es tab" Shell on the lot. 3) NO use Or building Shall be here after tiered permitted aao be theenrequired r al Off Streesuch se or kg and building aspprovidedes r 5101.3—Location of Required Parking and Loading Spaces; Joint Use All off street parking and loading spaces required by this ordinance Shall be located on the same lot as the use for which Such spaces are required. except that where an increase in the number of off street parking spaces is required by an alteration or enlarge ment of a use, or where such off street parking spaces are provided or used jointly by uses Contained in two Or more buildings, then the required off street parking spaces may be located not farther than tt.ree hundred (300) feet from the uSe(s) served s.l0e.e—Schedule of Off -Street Parking and Loading ASpec1ed Requirements Requi-ed Off street parking and load inQ spacfor use wllhin e C 1, C 7. C, sea Ies I Or 1 7 Distr,ct Shall De as set forth in Schedule S 1011, hereby adopted by reference and declared to be n part Of this ordinance 5-101.4 SCNEOUI.E OF OFF-STREET PARKING SPACE R£ g1RE1111i SECTION 5105—SIGN REGULA- TIONS S 105.)—General Statement of Intent The provisions of this Section set forth the comprehensive regulations, condi tions and limitations under which signs may be permitted in the City of Dubuque. It Is intended by the COun cil that these provisions Shall be held to be the minimum regulations neces sary for the protection of the public welfare and shall be narrowly constru ed and strictly applied in favor of the public interest in maintaining a safe, heatthl, and attractive environment 5 105.f—Schedule of Comprehensive Sign Regulations Adopted No sign shall be maintained, erected, constructed or altered except in con fOrmance With the provisions and regulations of Table 5 105 7, "Schedule of Comprehensive Sign Regulations", hereby adopted by reference and de dared to be a part of this ordinance. and In rules, delinili0ns and further provisions of this Section 5105.3—Rules for InterVr ati ng Table 5.105.7, "Schedule of at Sign Regulations" The following rules shall govern the application and interpretation of Table 5105.7, "SchedU le of Comprehensive Sign Regulations" II Maximum Area -- the maximum area shall be the maximum cumulative area allowed for all permitted signs tlisp laved on the premises. 71 Maximum Number — the maximum number shall be the maximum total number of permitted signs displayed on the premises Each integral strucu ral unit disPlayinG a unified inlorma tional content shall be counted as one sign, except That a doublefaced sign supported on a single structure shall count as One sign. maximum 3) Maximum Projection - projection shall refer to the maximum structure into for tion over0f a a publin or c i gn ic right Of way, but Shall not limit projection from a building wall or Structural support where such projection is contained entirely within private property. 1) Height -- Height shall refer LO e maximum allowable heighto mediamilled Sground surface measuredign, as n immed the below such gn to the of the sign structure or d highest ay panel 5) All signs appear inq as conditional uses may be allowed by "jiff" cable Adjustment subject f0 the tip provisions of Article VI of this Ord, nance 6) Where permitted, motionlimiteshall be lay panels b motion techanicalgns or o electrical panels by means. 7)The regulations OI Table S 1057 are intended to apply to each separate lot Where more than One use is contained within a budding, Or where more than one budding is located mi1 dt. the the total area Of signs permitted ioany entire lot may be allocated proPorlion t0 the various uses or build m s COnta mad on the lot, sub'ect 10 all Other provisions Of Ihis S.C1'0Pre ever, for such multiple occupancy Regular Session, August 4,1975 the maximum number of signs allowed by Table 5 105.7 shall apply to each separate use occupant contained therein 5.105.—Definitions The following definitions Shall gOVern the inter pretaiion and 8Pphcation Of words used in Table 5 105 4 and this Section al Building sign - a sign affixed to and wholly supported by an exterior wall of a building or strut ure bI Canopy or arcade signs -- a sign attached to or constructed in a perma nent roofed structure covering an area customarily used for pedestrian circu Iat.on. cl Commemorative sign - a perms nent sign or architectural feature, cast Or "graved in Stone Or metal, and affixed to or made an integral part of the structure, indicating the name of the structure. its address, date Of cons truchon, or other information Of com memorative or historical significance. d) Direct lighting - - illumination by means of a visible light source, includ ing any incandescent or fluorescent device exposed 10 view Or Otherwise discernible through transparent ma trials e) Directional sign -- a sign identify ing a premises, or an activity conduct ed upon Such premises. and providing direction for me safe and efficient flow of vehicular or pedestrian traffic to such activity or pprremises Direc tional signs shall include signs mark ing entrances, exits, parking areas loading areas or Other operationai features of a premises f) Free-standing sign -- a sign which is supported by one or more columns, up rights. or braces attached in the ground in a permanent manner gl Indirect lighting - illumination by means Of a concealed light source, whereby all incandescent Or fluorescent devrces are shield" from view by Opaque Or translucent materials, and including reflected lighting. h) Nameplate - a sign not exceeding one square foot in area and bearing Only the name of an Occupant of a premises, an address or post box num 6!r or other identification not having commercial Connotations. 0 Off -premise slyyn - a sign or strut lure directing at errlion to a business, commodity, service. Or entertainment conducted, sold or offered elsewhere man upon the premises where the sign is maintained, including a billboard sign j) On premise sign - a sign placed on a structure or premises for purposes of identifying such structure or premis es, or for directing attention to a busi ness, commodity, service or entertain Merit 5010 Or offered 'Ipon the same premises as those On which the Sign is maintained k) Roof sign -- a sign erected upon or above a root or parapet wall of a build ing and which is wholly or partially supported by such building II Sign __an writing. Pictorial repre Sentation, emblem, symbol or other fl Ur! Or similar character which is at. fixed to or appears upon a building, strut lure, or premises and which di rects attention t0 any business. corn modit Y. service, entertainment, acti vityi, person, organization or institu lio S.IOS.S--Prohibited Signs The following signs shall be expressly prohibited in all toning districts. any contrary provisions or implication of this ordinance notwithstanding a) Any sign, all or any portion of which is set in motion by air move ment, including pennants, banners, or flags, except official flags of nations or administrative Or political subdivisions thereof b) Any display li hting by strings of lights, including ghls which outline any part of a building or which are of fixed 10 any ornamental portion there Of. except temporary traditional deco- rations for Christmas or other recog nided holidays t) A^Y Sign whrch contains the wards 'tlartgor" or "stop", or otherwise pre SMis Or rrnplles the need or require meet 01 Stopping or Caution, or which is an imitation of, or is likely to be con- fused With. any sign customarily dis- played by a public authority All, Any sign which infringes upon the area of visibility required on a corner lot pursuant to Section 5 10).4 of this or dinance e) Any sign which obstructs any win dow, door, fire escape. stairway, lad der, or other opening intended t0 pro vide light, air, or egress from any building 1) Any Sign or lighting which casts direct light or glare upon anyproper ty In a residential or office residential district g) Any portable sign, including any sign displayed on a stored vehicle, ex- cept for display of temporary political signs. h) Any sign which obstructs the rea sonable visibility of a sign maintained by a public authority, Or which other wise distracts after ion from Such a sign I) Any sign or sign structure involving the use Of motion pictures or projected photogra^hic scenes or imagpes 5 105.6--Meaw em "t of Signs For purposes of this ordinance, the area of a sign shall be measured within a single continuous perimeter enclos ing the extreme limits 01 a sign panel, and in no case passing through or be tween any adjacent elements of the same: however, such perimeter shall not include structural elements or SUD ports outside the limits of such stern and not forming an integral part of the display The gross area of a sign com posed of separate letters, symbols or words attached directly t0 an arrhitec tural facade shall be measured as the area enclosed by straight lines drawn closest t0 copy extremities encompas sing individual symbols or words. 5.105.7—Maintenanf Signs and Structures All signs and sign structure shall be maintained in a neat and proper state Of appearance and repair. Signs which are not properly maintained, or which advertise a use which has been aban cloned shall be removed by the perma nent holder within thirty days after abandonment of the principal use or may thereafter be removed by the aulhoriled Official Of the Cit yY with Such removal exppeense charged to the per manent holder. S I05.1—Interior Advertising Displays Exampled The use of interior window areas of buildings In any "C" or "I" toning istrict for erchandise or products, inclludngy Of mthe for use splay Of itemporarysigns, sI defined herein. shall not be subject to regula lion by the terms 01 this ordinance $.105.1`Non-Conforming Signs Any sign Which becomes a non con forming sign at the effective dale of this ordinance or which becomes a non conforming sign at any future date shall be regulated according o rules set forth in Article II of this Ordi nance, provided further that no altera tion, improvement or other change may be made 10 such non conforming sign. In the event that such non conforming Sian shall be removed, Or if the use 10 which the non conforming sign pertains is changed, any replace mens sign shall be made to conform to the maximum area, maximum num ber, allowable structural type, maxi mum projection, height, lighting, and motion requirements for signs istrict other wise permitted in the toning $.to$ 10—Signs on LMultiple Frontage O Zoning 1015 which have separate front ages on more than one streetinclud ing thrOu,`7!ph lots and corner lots, stretet n fralong y one ontage in a cessof thearea permitted for that frontage alone ng ie perOwmuted n Commercial Districts District, ane sden. l Nl4 dwelling+share be Regular Session, August 4, 1975 Table 5-105.2 SCHEDULE OF COMPREHENSIVE SIGN REGULNTIONS REGULATIONS TABLE 5-105.2 lit ,alar Session, SCHEDULE OF COMPREHENSIVE SIGN REGULATIONS REGULATED SIGNS MAI IMUM PROJECTION MAXIMUM AlLOUAOIE T11EysTE0 SICIIS ALLOWABLE CONTENT MAIIMUN AREA NUMBER STRUCTURAL TYPE INTO R.O.V.NEICNT LIGHTING MOTION CONDITIONAL USC L'.11tyi Ayp TYPE I sign PC, at L•1 bulb whichever Is signs per Freestanding shill ex - 60" 50' greater premises teed 580 lumens signs Same as C-3 Same as Mounted on nUt SamC as no - same as C-3 !me C-3 building 18 above or o(f-prem- cave parapet; Ise signs in C-3 free-standing D 50' Say as C -I some as C-1 2 tlmealineal 3 wall -mounted IV not direct or indirect, none tett of front above -irter age of the lot eavC or non mitten[, parapet with no exposed bulb grea Cr than 80 l ume n ' ISnfand. Uta See Cond. Use See Cord. Use All signs in [- mapped after of date of Ordinan be as noted on Area Deye IOPmen Signs In any C- kxisting on etf of Ordinance sit Ject to regulat Dlstrlct On or off -premise Same as C-4 Same as Same as C-4 Ols Same as C-4 Same as Same as Signs same as C-4 District C-4 trict District C-4 C-4 i I District 0 below None None NOT APPLIC 1Ithe d Signs Identifyingns f- principal instltu- 24 square feel 2 per nUunted on build- Cave Or t Tonal bui l di ngs, per building building Ing al such as dormitories parapet lecturehalls,ii toriums, and slm- Free-standing0In 6' None None filar buildings conjunction with 2 par mounted on build 0below Indirect None NOT APPAclinics 1 square foot or other per 100 square building Ing eave or only professional Office feet of floor parapet use, signs Identi- area, but not Iying the name, to exceed 100Profession, occu- square feet Free-standing 0 10' No Inter Nons Pants, or hours Of per Dulldingmitten[Operation wunted on build- 0 10' Indirect None NOT APPL1 Signs Identifying 100 square fee 3 the principal In- per sign and ing nly, no titutl onnot to exceed intermit - 300 square fee tent Frea-atanding for the entire district e,t + [ htA, "eller 0r Ili, Ihal - any milted as Conditional Uses In Any via" that each OI the following c[Xtdi 3 eCeusedbearsaSome P nprNl'sVuare Itel 1- s4oare e 1 01 Perfor With Ot any District district established by this bons are presentother I1 The use Is of a sirvcfly lUn did and milled use lwl within fhe+drat (or,* 1!!t end INarkin r eN'I'a' ordinance. any lemporery use may be temporary duration, which months In no and case which al Thi use a OI a netIlk a not I a, I'dAgaeu tes TWslh shall Permitted p es, a Condll ... _- _ b the Board o1 ()nal Use. In Adjustment accord dance _., msy exceed S ISTI be state() n„ , .ne six (al On the Conditional Use that it with the __­­nrertrs will not be likr aPQropriale a -miry SjMs per.Orclulante governing Ihf issuance of 21 The Use Will serve a Ww •• •• -• _. CondiItonal Use Permits, but only pro W If contributaffected by Its opera w e to the public con .»rw,fl Regular Session, August 40, 1975 Table 5-105.2 Schedule of Comprehensive Sign Regulations Table 5-105.2 Schedule of Comprehensive Sign Regulation Regular Session, August 4, 1975 Table 5-105.2 Schedule of Comprehensive Sign Regulataions 408 Regular Session, August 4, 1975 ARTICLE VI.—BOARD OF ADJUST MENT. POWERS AND DUTIES. APPEALS T ARI N ESS CONDI SECTION OF BOARD OF ADJUSTMENTS NT A Board Of Adjustment is hereby established pursuant to Chapter 414 of the Code Of Iowa 1975. The Tortli word 'Board" as used in Shall mean the Board Of Adjustment. SECTION 6.102—MEMBERSHIP OF THE BOARD The Board membersappointed consist ovl eed bytheCityCoun cil. 6102.1—Term of Office Members of the Board shall be aPPO-nt ed for a term of five years, excepting that when the Board Shall first be created, one member shall be appoint ed for a term Of live years, one for a term of four years, onefor a term of three years, one for a term Of two years, and a for term of one year. 6- Board members may be removed for cause by the City COunc ii upon written charges and after a public hearing, 6.10].3—Vacancies Vacancies on the Board shall be filled for the unexpired term of any member whose term becomes vacant. SECTION 6-103—RULES, MEETINGS, GENERALPROCEDURE Meetings of the Board shall be held at the call of the chairman and at Such other times as the Board may deter mine. Such Chairman, or in his ab sence, the acting chairman, may ad minister Oaths and compel the atten dance of witnesses. All meetings Of the Board shall be open 10 the public. The Board shall keep minutes of its pro ceedings, showing the vote Of each member upon each question, Or it ab- sent or failing to vote, indicating such fact, and shall keep records of its examinations and Other official ac tions, all of which shall be immediately filed in the office of the Board and shall be a public record. The Board may in addition adopt general rules Of procedure not inconsistent with the provisions of this Article. 6107.1—Vote Required The concurring vote of three members Of the Board shall be necessarY t0 re verse any order, requirement, deci Sion or determination of any adminis trative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordi nance, Or to effect any variation in such ordinance, or to adopt, repeal, or amend any rule of procedure adopted pursuant t0 this Section. SECTION 6104—GENERAL POWERS The Board Shall have the following powers 6104.1—Appeals from the Administrate tiveofficlal To hear and decide appeals where it is alleged there Is error in any Order, requirement, decision, or determina tion made by an administrative official in the enforcement Of this ordinance. 6106.2—Conditional Uses TO hear and decide applications for Conditional Use Permits upon which such Board is required t0 pass under this ordinance 6-104.3—Variances To authorize upon appeal in specific cases Such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to spe tial conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance Shall be observed and substantial justice done SECTION 6105—APPEAL TO THE BOARD—STANDARDS AND PROCE- DURE 6 105.1—Authorization Appeals may be made by any person aggrieved or any municipal officer, department, board or bureau affected by any order, requirement, decision, or determination made by an administra five official in the enforcement of this ordinance. 6 IDS.]—Procedure for Appeal Appeals may only be filed within JO days immediately following the date Of the administrative action which is the subject of the appeal An appeal is filed by delivering to the administrative of lice involved and to the Board a com pleted Notice of Appeal, a sample Copy of which appears in the Appendix t0 this ordinance, together With the fee ppayment specified under Article X of ih is ordinance Official Notices of Appeal forms shall be available with out cost from the Zoning Administra for. The Notice of Appeal must, in ad (III ion to ate other information requir ed by the form, specify the particular grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all documents constituting the record upon which the action appealed from was taken. 6.105.3—Effects o1 Appeal An appeal Stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Ap peal shall have been filed with him that V reason of facts stated in the certifi cafe a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by The Board of Adjustment Or by a Court of record on application on notice 10 the officer from whom the appeal is taken and on due cause shown. 6 105.4—Board Decision on Appeal In exercising its powers of appeal the Board may. in conformity With the provisions Of this ordinance, reverse or affirm, wholly or partly. Or may modify the order, requirement, deci Sion, or determination appealed from and may make such Order, require ment, decision, or determination as ought to be made, and to that and shall have all the powers of the officer from whom the appeal is taken. SECTION 6106—CONDITIONAL USE PERMITS: REQUIREMENTS AND PROCEDURE 6 106.)—Authorization The Board of Adjustment may allow as Conditional Uses Only those uses classi tied as Conditional Uses in this ortli nance. NO Conditional Use shall be al lowed in a particular district unless such use is specifically permitted as a Conditional Use in the regulations for that district, except as provided in Section ] 106 7 of this ordinance. 6106.]—Application for a Conditional Use Permit Any person may file an application to use property for one of the Conditional Uses permitted in the district in which the property is located All apphca tions for a Conditional Use Permit shall be made upon the Official form for Such apllcationS which shall be available wI p h1OUt Cost from the Zoning Adminis trator. A sample copy of the appcica tion form is contained in the Appendix to this ordinance. The applicant shall be required to supply all pertinent items of information Contained on the official application form, as a condi tion to review of such application Review of the application for a Condi tional Use Permit may be obtained by delivering two (]) copies of the Com pitted aF} lolication form to the Zoning Adminisrrotor together with payment Of the required fee as specified in Article X Of this ordinance Upon re ceipt of the completed forms and the required fee,the Zoning Administra for Shall #OrIhwith transmit one (1) copy of the form to the Board of Adjust mens, retaining the Other form as part of his permanent records Prior to its review, the Board may require the ap plicant for a Conditional Use Permit /o supply any further informa tion e yond Ihat contained in the app form where it reasonably considers such information necessary to make the determinations re uired by Sec tion 6 106.4 of this Article 6 106.7—Notice and Nearing unan Ap plication for a Conditional Use Permit Following receipt of the completed inforimat on tion lrequiredrm and bythe all additional Board 6rom 1002hof applicant Articler the Section BoardShall Regular Scission, August 4, 1975 With due diligence hold a public hear nivIller the application for a at Use Permit Notice OI the place of the public hearing 1' had n the news 1 shall be pub is i paper o genera((15j iyscpriortao Such hearing fifteent least daAt the public hearing all interested parties shall be afforded a reasonably oprpOr ,unity to appear and express Iheir views on the application. either in per Son or by agent 6.106.4—Standards for Granting a Con dBional Use Permit No Conditional Use Permit shall be granted unless and until the Board de fermines on the basis of Specific information presented at the public hearing Or contained in the application for such use that each of the follow i conditions is present / 406.4 I—The proposed Conditional Use will comply with all applicable regulations of this ordinance, including lot requirements. bulk regulations, use limitations, and all other standards or conditions contained in the provi sions authorizing Such use 6 106,4 2—Adequate utility, drainage and other necessary facilities Or im provemerll& have been or will be provided 6106.1.1—Adequate access roads Or entrance and exit drive& wiit be pro video and will be designed So as to pre vent Iralfic hazards And t0 minimize traffic conflicts and congestion in pub lic streets and alleys 6106.4.4—All necessary permits and li tenses required for the operation of the Conditional Use have been Obtained, or it clearly appears that such permits are obtainable for the proposed Condi tional Use On the Subject property 6106 4.S—AII exterior lighting fixtures are shaded wherever necessary to avoid tailing direct light upon any pprroperty located in a residential dis Ince 6.106.4.6—The location and size o1 the Conditional Use. the nature and inten Soy Of the activities to be involved or conduclect in connection with it. the size Of the Site in relation thereto, and the location Of the site with respect to streets giving access tb the Conditional Use. Shall be such that it will be in harmony wan the appropriate and orderly development of the district and neighborhood in which it is located 61064 7—The location, nature and height of buildings. structures. walls. and fences on the site and the nature and extent of landscaping and Screen ing on /he Site shall be such that the use will not unreasonably hinder or diS courage the appropriate developmen', use and enjoyment of adfacenf land, buildings and structures 6 106 4.e—The proposed Conditional Use will not cause Suoslantial injury to the value of other properly in the netghbOrhood in which it is located and will contribute to and promote the con v"'MCe and welfare of the public 6106 4 't—Additional Standards for Granting a Conditional Use Parmlt for a Change in Non Conforming Uses Where an appjicanl seeks a Contl hOnal Use Permit for the purpose of Changing from one non conforming use to another non Conforming use. as provided in Section 7 106 ) 01 this ordinance, no Conditional Use Permit for Such change shall be granted unless and until the Board further determines, in addition to the findings required by SubSec lions 6 106 4 1 through 6 1 D 4 a Of this Section, that the proposed non cGnlormrng use it more appropriate 10 'he purpose and character of the 10no in which it is Iocaied than the existing non conform ingq use The granting of any Condi monal Use Permit under this Subsection Shall not be deemed to Otherwise authorize in the district involved any use not specili Cally listed as a Permitted or Condi tional Use for the district and the new non conforming use Allowed by the permit Shall x subject 10 all provi $ions of Arlicle 11 Of this ordinance to the same degree and extent as the Prior non conforming use The Board may solicit the Opinion or advice of the Planning and Zoning Commission, its staff, or any Other Public agency or emplovi i whose Advice the Board considers necessary tO property make the determinations required by this Section. However Such advice may no, be relied upon in whole or in part as a basis for the ult' mate decision to grant, conditionally pliant, or deny the CondfiOnal Use Permit unless such advice it onafpresUse to the Board n wrifinG IS read or other ted wise publicly presented of Ili! public hearing, and Is specifically identified AS a determining consideration in the Board's final written decision. 6. 106. S --Conditions and Restrictions On Mt Conditional USA permit In granting a Conditional Use Permit the Board may impose any conditions or restrictions it reasonably considers necessary t0 insure lull compliance with the standards of Section 6 Ig6 4 Of this Article. to reduce Or eliminate any detrimental effect of the proposed Conditional Use upon the neighborhood or the district. Or 10 carry out the general purposes and intent of this or dinance. Violation of Such Conditions and restrictions. when made a part of the terms under which a Conditional UsePermit is granted, shell be deem ed a violation of this ordinance 6 106 4-006110111 •nd Records The Board shall render a written deci sion on an application for a Condition al Use Permit within Sixty (60) days after the close Of the public hearing The decision Ol the Board Shan ear;nm spec Iic findings of fact supporting the granting or denial Of the Condition at Use Permit and shall clearly set forth any conditions or restrictions mposed pursuant to Sect -On 6106.5 The Board shall maintain complete records Of all Actions with respect to applications for Conditional Use Per mrts and shall notify the City Council of the Board's dec lsion on each applica tion 6 106.7-41"Miodoi Validity No Conditional Use Permit granted by the Board Shall be valid for a period longer than six (6) months from the date On which the Board grants the Permit, unless within such six (6) month per iod 6106.1.1—A building permit is obtained and the erection Or alteration of a Structure is started. Or 1.106 7.7—An occupancy permit is Ob lamed, if required, and the use is cont menced The Board may grant a maximum of Iwo (7) extensions not exceeding six (6) months each, upon written appli cation without notice of hearing SECTION 6107—VARIANCES. PRP CEDURE AND STANDARDS GOV ERNING THE GRANT OF A VARI. ANCE 6 107 1—AulhonuliOn—Ust Variance Prohibited The Board of Adjustment may grant a variance from the literal enforcement of the provisions of this ordinance. but only upon the terms and Conditions contained in this Section However. under no circumstances $hail the Board grant a variance which allows a use which. Under the terms of this Ordi nonce, iS expressly or implicitly pro hibited in the distr¢t involved. 6 107.7—Application for a VarienCa Any person owning property maY ap ply for a variance from the literal an forcement of the provisions of this ordi nonce for the property of structure in volved All applications for a variance shall be made On the Official form for Such applications which Shall be avail able without cost from the Zoning Ad ministrator A sample COPY of the lip plication form is contained in the AP pendix to this ordinance The applicant shall be required to Supply ail Pert' neral items of Information contained on the Official application form, AS a COM ddion to review of such application Review of the application for a vari ante may be obtained by delivering two (7) Copies of the Completed ap ppli(etipform to the Zoning Adirmini4 tratUr. n 1 ether with payment of the required lee as specified in Article X of this OrdinanceUpon receipt 01 Iht completeci forma end the required lee. the Zoning Administrator shall forth with transmit one (1) completed form 410 Regular Session, August 4, 1975 to the Board of Adjustment, retaining the other form as part o1 his permanent records Prior to its review, the Board may require the applicant for a variance to supply any further infor mation beyond that contained in the application form where it reasonably considers such information necessary to make the determinations required by Section 6 107 6 Of this Article 6.107.3—Notice and for Variance Bain on pplt Following receipt of a completed apph cation for a variance, and any addition a information required by the Board pursuant to Section 6101.2. a public hearing Shall be held with due diligence by the Board to consider such applica iron. Notice of the time and place of the public hearing shall bepublished in a newspaper of general circulation at least fifteen (1 51 days prior to such hearing. At the public hearing all ,n terested parties shall be afforded a reasonable Opportunity to appear and express their views on the application, either in person or by agent. 6107.6—Standards for Granting a Varh anCe No variance from the provisions of this ordinance shall be granted unless and until the Board determines on The basis of specific information presented at the public hearing or contained in the application for such variance that each of the following conditions is present. 6.107.6.1—literal enforcement of the provisions of this ordinance would in 11. substantial and unnecessary hard ship upon the applicant. 61 7,6.2—Such condition of hardship arises from unique or Special Charac teristics of the property involved, and was not brought about by the applicant himself 6107.6.7—Literal enforcement of the provisions of this ordinance would deprive the applicant of rights com money enjoyed by Other properties in the same district 6101.6.6—The variance requested is the minimum variance that would allow a reasonable use of the land or structure involved. 6.107.6.5—Granting the requested vari once will not confer upon the appli canta special privilege or right that is tlenitd by this ordinance to other land or structures in the same district. 6.107.6.6—Granting the variance will be in harmony with the general pur pose and intent of this ordinance and will not be injurious to the surrounding area or detrimental to the public welfare. 6107.5—Conditions and Restrictions Attached to the Granting of a Variance In granting a variance, the Board may impose any conditions or restrictions it reasonably considers necessary to in sure full compliance with the standards of6 107 6 of this Section, to reduce or eliminate any detrimental effect of the Groposed variance upon the neighbor hood or the public welfare, or to carry 0u) the general purposes and intent of this ordinance Violation of such condi I ons and restrictions, when made a part of the terms under which a vari anCe is granted, shall be deemed a vio lotion Of this Ordnance 6107.6—Decision and Records The Board shall render a written deci Sion on anappplication for a variance within sixty (60) days after the close Of the public hearing. The decision of the Board shall contain specific findings of fact supporting the granting Or denial of the variance and shall clearly set forth any conditions or restrictions im posed pursuant to 6107.5 Of this Section. The Board shall maintain com Pprete records of all action with respect to applications for a variance. Section 6.106—Appeals From board of Adjustment Decisions Appeals from any action or decision of the Board of Adjustment shall be made in the manner provided by Chapter 64 of the Code O1 Iowa, 1975, or any other applicable provisions of Iowa law ARTICLE V11 --ADMINISTRATION AND ENFORCEMENT; REQUIRED PERMITS AND CERTIFICATES Section 7 -lot --General statement Of Intent The Council finds that lair and effi tient administration and enforcement of th i5 ordinance is necessary to of fec tuate the comprehensive plan for the Cityy and to preserve public confi dente therein The Council therefore intends that the powers of enforce merit granted under this Article should be liberally interpreted so as to protect both the letter and spirit of this Ordi nonce. It is further the intent Of Council 10 promote uniform and impartial appli cation of zoning provisions and a proper balance of legislative, judicial, and administrative functions by re quinng that. 1) all questions of inter pretation and enforcement shall be first presented to the Zoning Adminis tralor, and 2) such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator. and 3) recourse from the decisions of the Board of Ad IUstment Shall be 10 the courts as pro vided by law In addition, it is intended That the duties of the City Council in connection with this ordinance shall not include hearing or deciding particular ques tions of interpretation or enforcement that may arise, but shall be limited 10 1) considering and acting upon propos ed amendments to this ordinance or proposed reclassifications of property, and 2) establishing a Schedule of fees and charges a5 FProvided in Article X. Section 7102—ZoninO Administrator 7.102.]—Zoning Admmistratorto En force and Administer Ordinance The City Manager Shall des, na to a Zoning Administrator who shat be re sponsible for the enforcement and ad ministration or this ordinance The Zoning Administrator may be provided with the assistance of Such other per sons as the City Manager may direct 7102.2—Duties of Zoning Administra. for The Zoning Administrator shall have the following duties and responsibili ties 1 To enforce the provision 5 Of this or dinance by investigating information concerning violations thereof, and tak ing Such actions or issuing such Orders or directives as are deemed app ropn ate to insure compliance with the ordinance. 2. To keep accurate and complete records of all investigations. enforce meet proceedings, Site Plans, PUD Preliminary or Final Development Plans, Zoning Certificates and Such other records as he may be required to keep Under the provisions Of this ordi name 3. To faithfully and promptly execute all other duties or responsibilities delegated 10 him under this ordnance 7102.3—Complaints Regarding V1018 - tions Whenever a violation of this ordinance Occurs or is alleged to have Occurred. any person may file a written com plaint 01 such alleged violation with Fl Zoning Administrator, stating ful ly the facts Or grounds upon which the complaint is based The Zoning Ad ministrator shall promptlyrecord and investigate such complaint and take appropriate action as provided by this ordinance 7102.6—Enforcement Procedure; Or- ders or Directives Whenever the Zoning Administrator finds that any of the provisions Of this ordinance are being violated, he shall prom fly notify in writing both the per Son IS) responsible for such v,Olahons and the City Manager, indicating in such notice the nature Of the violation and the actions ordered 10 correct i1 The Zoning Administrator Shall in all Cases take such actions or issue such Orders Or directives as are authorized by this ordinance to insure compliance with or to prevent violations of its provisions. 7 102.5—Orders and Directives In addition to all other powers con ferried upon him by this ordinance, the Zoning Administrator shall have the power to issue appropriate written orders or directives to any person Regular Session, August 4, 1975 deemed to be responsible for a violation Of this ordinance, as provided under Sec 7Nh' Such failure lawfultOordersptly directives Shall be tlKmlO A violation 01 Ih.s ordinance, punishable as pro vided in Article IX Such orders or directives shall include. but shall not be limited 10 Orders to discontinue illegal use of lan(11. buildings, or Structures. orders to remove IIor structures, or illegal additions. alters IionS Or Structural Changes 10 buildings or structures, orders to discontinue illegal work or rconstruction Or any other appropr.ale Orders to prevent or Correct v-011ations of this ordinance 7107.6—Zoning Administrator to Fol low Ordinance Provisions and intent In Admi nislration and Enforcement In making any judgment nferprefa hon, or decision authorized by this or dnance. the Zoning Administrator hail consider and be guided by the particular provisions of this ordinance and relevant statements of intent Conjoined herein. provided, however. that nothing herein Shad be deemed 10 authorize the Zoning Administrator in the performance of his duties to per Mit any exception to. or variance from the provisions or requirements of this ordinance, or to otherwise Impinge up on the powers vested in the Board of Adjustment Section 710]—Certificates of Zoning Compliance. Building Permits. Occu. panty Permits 1.107.1—Building Permits Required No budding Or Or er structure Shall be erected, moved, added to, or structur ally altered without a building permit therefor, issued by the BuildingCom miubner. as provided by Ordnance 775 of the City of Dubuque However. no such building permit sail be Issued by the Budding Commissioner except in Conformity with the prow isions of this ordinance. unless he receives a written order from to Board of Adlustmenl in the form of an administ rat,ve review. conditional use permit, or variances as provided by this ordinance In add. lion, no building permit Sell be issued by the Budding Commissioner for erec hon, alteration, moving, or repair Of any building unless and until an appst cation has been made for a certificate of Zoning compliance as provided in this Section 7101.7—{ertilicales of Zoning Compli ante Required for New, Altered, or nonConformingUses Application and Scope: If shall be a vIO 6100 Of this Ordinance for any per Son to use or occupy or permit the use or occvpancy of any building or prem.s e5, of in, Or part thereof hereafter created, erected, changed. converted. of wholly or partly altered in its use Or structure unless Such ppeerson has Ob formic a Certificate o1 Zon ng Compl. once Issued by the Zoning Admnrstra for stating that the proposed use of the budding or land is on conformance with all applicable provisions and re rirements of this ordinance where of Existing Non -Conforming Usti or Certain Non Conforming Strut lures to Obtain Certificates nonconforming use Or non con forming structure COnla nnp four (4) Or more dwelling units Shote be main famed, renewed, altered, or expanded unless and until a Certlflcale of Zon DY 'he mZonmo shall Administrator stating the extent and nature Of the non 'Ont ormily and attesting that Such non conformity was .n lawful existence at the effective date Of this ordinance TO avoid hardship Or surprl3l. the owners Or Occupants OI such non Conforming use or structure shall be Permitted t0 apply for SOCK Certificate Of Zonino conipPance not later than six (6) months after the effective date of this ordinance In addition, the Zoning Administrator Shall take reasonable Steps to notify any Such owner 0r OCcu panl of a non conforming use or Strut lure which he knows. or has reason to krgw Is Subject to the requirements of this subsection In all cases. hOwever. the burden shall be on Ili! owner or Occupant of the non conforming use or Structure 10 apply for the Certificate of Zoning Compliance. and a failure to make such application Within the Six (61 month period shall be presumptive evidence +hat the property was in full conformity with this ordinance et the effective date of Its passage Records of Certificates to be Kept: The Zoning Administrator shall main fain complete and accurate records of an Certificates of Zoning Compll once issued, and a copy Shall be fur nished upon request to any person Temporary CerliHcates: A temporary Certificate of Zoning Compliance may be Issued by the Zoning Administrator for a period not exceeding six (6) months t0 permit alterations or partial occupancy of a building, provided that such temporaryntl C.ertiliCale sell in clude Suchh coif ions, limitations or safeguards as will protect the safety of occupants and the public ARTICLE VIII- AMENDMENTS AND ZONING RECLASSIFICATIONS; PROCEDUNES AND POLICIES Section a 101--Generat Statement M Intent The Coun(a recognizes that the public welfare may from time to time require Changes to be made in the text of this ordinance or in district boundaries The Council finds, however, that the maintenance of the comprehensive plan for the City diepentls n large measure upon the uniform and conn nu.ng applicehon Of the provisions Of this ordnance, and parl Cularly the general zoning policies set forth In (roe war ,neral statements of Intent Cron joined herein For these reasons the Council declares it 10 be the express Policy Of this ordinance that textual amendments or reclassifications of Property should only be undertaken of ler a careful Consideration Of the Public necessity therefor and the re ationship of such proposed change to the comprehensive plan The Council intends in its own deliberations to give most serious attention t0 the recom mendahonS And advice of the Plan none Commission in these diallers. This Article sets forth the pproce Cures and policies to be followed where Changes to the ordinance or districts are proposed The public hearing and notice reovirements Con lamed herein are intended 10 rOmOI! the involvement of au interested per sons .n the amendment process How ever, where the notice and hearing requirements of this Article are in ex cess of that required by Slate law, Such requirements are intended to be dire[ for only and not mandatory or juris diC Ional. and a failure to meet SUCK extra procedural requirements Shall not invalidate any action subsequently taken by the Council Or Commission Section 4107—Ordinance Amendment Procedure a. 107.1—Commission Action Any person may profose amendments 10 the provisions of alis Ordinance by delivery of two ft) copies of the propos ed amendment to the Planning Depart merit Such proposals shall b! C.S. dered In regular session by the Plan ning Commission, which Shall diligent IV act to Set the proposal for public hearing as provided In Section 0104. Following the public hearing, the Com mission Shall act t0 approve or disaP prove the proposed amendment The affirmative vote of at least five (5) Commission members Shall be FDfl oouired posal, to and oany [ulto approval lesser number ofthe fof I1rm,ji votes shall be Considered disapproval of the amendment The Commission's recommendation Shall boa its act ction th to failureabyttheCouncil Com mission to act within sixty (60) day$ following receipt Of the proposed amendment shall constitute Commis soon approval thereof. If. IOT.?—Council Action Following receipt of the Commission's recommendation or expiration of the Sixty (60) day limit for Commission ac lion, the Council Shall act to hold Its Own public heartr p On the proposed amendment, al which all interested parties shall have an opportunity to be 412 Regular Session, August 4, 1975 heard At least fifteen (15) days notice Of the time and place of such hearing shall be Published in a newspaper Of general circulation in the City. Following the Public hearing, the Council Shall adopt Or reject the proposed amendment In those cases where the Commission has recom mended disapproval of the amend n1en1, the affirmative vote of at least threefourths (3,4) Of the City Council Shall be required to enact the amend mens Sett ion 8.103—Reclassification Prci dure 8.103.1 --Genual Statement of intent The Council finds that the reclassifl Cation of property Is a sensitive and important leg isle eve function which, in the interests of maintaining uniform zoning policies and the integrity of the comprehensive plan, should only be exercised sparingly and under proper Conditions. For this reason, and be Cause the original toning district boun daries under this Ordinance are pre sumed to be correct and appropriate, it shall hereafter be the policy Of the City Council to reclassify property Only where a clear showing has been made that the original classification was a mistake Or that circumstances and conditions affecting the property in question have s0 materially Chang ed so as to demand reclassification in the public interest. The reclassification procedures Out lined herein should not be confused with, or used in place of, the ordinance amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where 1) an alleged hardship peculiar t0 the property is claimed, which is more properly the subject Of a variance request. Or 2) it is alleged that the ordinance prowl Bions themselves as applied to similar properties are unreasonable, which is more properly the subject of an amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested classification Is more appropriate than the present classifical ion, in light Of the charac teristics of the property and the public welfare. Furthermore, it is contemplated un der this ordinance that the Planning Commission is, in the first instance, the body responsible for the formulation and Continuing review Of the Compre hensive plan for the City, as expressed herein, and that the Commission shall be charged with the duty Of periodi Cally reviewing the policies and prove Bions o1 this ordinance in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or ordinance amendments as may be deemed ap proppr late to secure the public welfare 4103.2—Reciessification Procedures and Policies Application for Reclassification: Any person may request a reclassification of property t0 another district, regard less of such person's interest or lack Of interest in the property, by submitting two (2) copies of a completed "Re quest for Zoning Reclassification" form, together with the fee specified in Article X Of this ordinance, to the Planning Department. The Planning Commission Shall Consider the request with due diligence at its regularly scheduled meeting. Whenever the re classification is determined by the Commission to be Substantial in no lure, the Commission shall set a public hearing date for such request as provided In Section 8104. Where the reclassification request is not deemed substantial in nature, the Commission may In its discretion, but shall not be required to, hold a public hearing thereon. For purposes of this ordinance. the following shall be considered substan tial reclassification requests: 1) Any request which would result in the expansion in area of an existing zoning district by more than twenty per cent (20 per cent), or 2) Any request which would result in the creation Of a new district which would not becontiguous to any other similarly classified property, or 3) Any request involving the reclassi Itcation of more than two (2) acres Of property. or *) Any request for a Planned unit Development District designation. as provided in Section 4 110. Commission Action: Following the pub lic hearing. Or if n0 hearing is held, then at any time following receipt of the reclasShcCatton request, the Com mission may act to recommend ap proval of tl 'approval of the request The affirmative vote of at least five (5) Commission members shall be re quireci t0 Constitute approval of the re quest, and any lesser number of affirmative votes shall constitute a disapproval of the request. In add; fion, a failure Of the Commission to act within Sixty (60) days following receipt of the request shall Constitute Commission approval thereof The Commission's recommendation shall forthwith be transmitted to Council for its action Council Action: Following receipt of the Commission's recommendation or expiration O1 the sixty (60) day limit for Commission action, the Council shall act to hold itsOMT public hearing on the requested rec lassif icat ton, at which all interested parties shall have an oppor tunity to be heard At least fit lien (15) days notice of the time and place of such hearing Shall be published in a newspaper of general circulation in the City Following the Public hearing, the Council shall act to adopt or reject the reclassification request In those cases where the Commission has recom mended disapproval of the reclassiti cation, the affirmative vote of at least three fourths (q,) Of the Council shall be required t0 enact the reclassifica lion, Furthermore, in case of a protest against the reclassification request signed by the owners of twenty per Cent (20 per cent) Of more either Of the area of the lots included in Such re quest, Or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed two hundred feet (200') therefrom Or those directly Opposite thereto extending the depth of one lot or not to exceed two hundred feet (2001 from the street frontage of such Opposite lots, such request shall not be enacted except by the favorable vote of at least three fourth (3.1 of the Council Section 8.104—Hearing and Notice Pro cedures; Reclassification Posting 8104.1—Notice o1 Commission Hear logs In the case Of all public hearings t0 be held by the Planning Commission, notice of the time and place of such hearings Shall be published In a news paper of general circulation in the City at least ten (10) days, but not more than lwentY (20) days prior to the date Of the hearing 8104.2— Conduct of Councll or Com- missfon Hearinfis he At all public hearings held by Planning Commission or City Council, all interested persons Shall have an opportunity to express their opinions on the subject matter at hand. either in person or by agent, Subject in all cases to reasonable rules of procedure 8.104.3—Posting Requirement for Re. C lassi/I Cation Requests It is the intent Of this ordinance that all Property for which a reclassifica tion is requested Shall be posted with notice to that effect prior 10 the first public hearing at which the reclassi lication request will be considered. For purposes of this Section, proper posting shall consist of the prominent placement of one or more signs on the subject property stating the nature Of the reclassification request and the time and place of the Public hearing at which such request will first be con sidered The Commission shall be responsible for such posting, where it has acted t0 set a public hearin% on the request ear Ing it e0the Council allcausthe Post ing to be done In either case,such posting Shall be made not less than Regular Session, August 4, 1975 ten (10) days nor more than twenty (20) days prior to The public hearing announced therein Only one posting shall be required in any event. and posting by ,he Council shall not be required where the Commission has postedthe property previously --MNI Required Recla sli i by aca. OY property Owner tion Requests It IS the intent of this Section to require that a reasonable effort be made to notify by mail those property Owners whose property is being considered for reclassification and hole adjacent owners (700) therefrom, within tothethe hundred public hearing at whit, Me reclassili cation request will be considered Where the Commission has acted to set a public hearing on a rec lass ific anon request The Commission shalltake reasonable steps to give notice Of the lime, place, and subject of the hearing by certified mail to all property owners within two hundred feet (200') Of the property for which reclassification is requested, and 10 the owner(s) of the property included in such request Wnere no Commission hearing is held the Council shall be responsible for mailing such notice Oniy one mailing shall be required in nCouy event, and no mad notice by the be required where the Commission has sal its Own public hearing on the re quest. In all cases, however, the notice shall be mailed not less than fen (10) days prior to the public hearing announced therein ARTICLE IX VIOLATIONS AND PENALTIES Section 9.101—Violations Punished as Misdemeanors: Penalties Any person who violates, disobeys, omits. neglects. or refuse% to comply with any provisions of 'his ordinance, or who erects, alters, repairs or main tains any use, building or structure in violation of any requirement, provi Sion, or regulation of this ordinance, or who fails 10 perform any act of duty required by this ordinance, or who viOlateS any lawful orc4r issued by the Zoning Administrator, or who violates any condition, limitation, safeguard or requirement established in connection with any building permit, variance, or Conditional Use Permit, or Other per mit shall beQullly 01 a misdemeanor, and shall be lined not more than $100, or imprisoned for not more than thirty (Ill) day%, and in addition shall pay all costs and expenses involved in the case Section' Offenses De- clared for Each Day of Violation Each day or portion thereof during which a violation Of this Ordinance is commuted, maintained, or continued shall constitWlt a separate offense Section 9103—Accessories to Vicle lions Punishable as Principals The Owner or tenant of any bui,=Ip, structure, premises, or part thereof. and any architect builder, contrac tor. agent. or other person who corn mics, participates in, assists in, or maintains a violation Of this ordinance may each be found guilty of a separate offense and punished as provided herein ARTICLE X --SCHEDULE OF FEES Section 10 101—Schodule Adopted Fees for the administrative review functions and Other matters set forth in this ordinance shall be as provided in Table 10 10). "Schedule of Fees", hereby adopted by reference and de clared to be a part of this ortlinanCe. Table 10-101 - Schedule of Fees FUNCTION FEE Site Plan Review No fee Application for Certificate No fee of Zoning Compliance Requests for Amendment to No fee this ordinance (See Sec- tion 8-10I of this c m - once). i. Planned Unit Development Procedures (including re- quested expansions of C-6 or ID Districts subject to PUD procedures) a. Preliminary Development $50.00 Plus $10.00 for each Review acre or portion thereof, not to exceed 5100.00 b. final Development Plan No fee Revle.. ,. Requests for Reclassification of Property: a. Requests to reclasslfY No fee property located In the AG Agricultural District b. Any reclassification re- No fee quest made by a disinter- ested Commission or Coue- cll member to correct on alleged error or mistake c All other substantial re- $50.00 plus $10.00 for tact, classification requests as acre or portion thereof, not defused in Section 8-103 to exceed $100.00 d. All other reclassification $25.00 plus direct costs In - requests not covered in a, curred in hearing and notice b, or c above. requirements 414 Regular Session, August 4, 1975 FEF 6. Application for Variance $25.00 7. Appeals to the Board of No fee Adjustment from the de- cision of an administra- tive official 8. Application for Conditional $25.00 Use Permit Section 10.102—Collection of Fees Except as otherwise specifically pro vlded herein, the Zoning Administrator shall collect and maintain all fees re quired under this ordinencl, antl shall keep a separate account of the same which shall be expended as Counc it directs to defray the costs of adminis tration and enforcement of this ordi nonce ARTICLE XI—DEFINITIONS The following definitions of words or Phrses shall be used in the interpreta iaon and construction of this ordinance, unless the context clearly requires otherwise. Accessory—incidental and subordinate to another use or structure on the some of Accessory use or structure—,a use or structure which is permitted on the same lot with, and is of a nature customarily Incidental and subordinate to, a principal use or structure. Arterial sheet—a public street classi tied as an arterial street on the most recent Functional street Classification Map in the City Engineer's Office. Building—any structure whether tem porary or permanent, designed, built. or used as a shelter or roofed enclo sure for persons, animals or property, and entirely separated on all sides from any other structure. This definition shall be construed broadly and shall include tents, trailers, vehicles, awn ings or any other structures used as a building. Building height ---the vertical distance from The mean elevation of the finish ed lot grade at the front of a building to the highest point of the under side of the telling beams, in the case Of a It roof, to the deck line of a mansard roof, , and to the mean level of the under side of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Boarding house --any building or por tion thereof, Containingy a single tlwel Ii ng unit, wherein mtals or lodging, or both, are provided for direct or indirect compensation to not less than three (7) and not more than ten (10) unrelated persons. Car wash ---any building, structure, or facility designed or used for the wash ing or waxing of automobiles by me ChanIcal means. Club (privatti non profit voluntary association of persons for the promo tion of the same purposes or philoso phy. The permitted uses of a building owned or eased by such an association shall include all customary club activi ties such as lectures, discussions, meetings, social or recreational events, antl similar activities, and shall also include as an accessory use the sale of food or alcoholic beverages, but only where limited to club members and guests and only in conformance with all state and federal regulations. Conditional Use-- a use which is per milted in a district only upon a finding by The Board Of Adjustment that the Phrerequisile conditions specified by is ordinance are present For purpos as of this ordinance, a Conditional Use shall be considered to be identical with a Special Exception. commercialuse--any use, a principal ppaart of which includes the furnishing for profit of a good or service to or for the general public Subject to the speci fic exceptions listed below, any profit motivated use involving the furnish Ing of a good or service in connection with which a) an attempt is made to attract the general public through advertising or other means. or b) the general public In fact purchases, receives or consumes a principal por tion of the goods or services furnished. shall be considered a commercial use. Exceptions: The following uses shall not b! considered commercial uses within the meaning of this definition. a) Athletic or fine arts events and cus tomarily incident Concessions operated in conjunction with such events. b) uses or activities meeting the defini Pion of a commercial use given above, but carried on e doyyfor not more than three five days, whethe nconsecutive or n not more than not. within any month, Day-care Center (or Nursery School) —An establishment regularly provid Ing temporary supplemental parental care or educational instruction for in fonts, re school Children, or sChool age Chi Pdren under twelve ( 12) years of age OUtsitl! OI requ lar school hours This definition shall not include, how ever, establishments where such Care or instruction is provided by a person or persons related to all such infants or children by blood, marriage or formal adoption. Department store--0ny retail store of ferin multiple lines or categories of mer Cnandise which exceeds twenty thousand (20,000) square feet floor area devoted to sales, display, Or age Drive-in restaurant ---any facility or es tablishment designed or used for the food,a refreshments, or oreverags einbertOf prepared patrons for consumption in automo odes or for oft premise consumption, including all restaurants advertising, oNering, or allowing -carryout- ser vice Duplex --a dwelling containing exactly two (2) dwelling units. Dwelling- any building or portion thereof containing one (1) or more leis,11hoYels 'rooming or boarding hous es, institutions, or convalescent or nursing homes. Dwelling, sin is HmiIY—a dwelhnaQ containing 0 more Than one (1J dwelling unit Dwelling, multiple family— a dwelling containing three (7) or more dwelling uni Is, but not including a townhouse. Dwelling unit -one or more conned ad rooms having complete kitchen fa as liciltiv ngnquar ter s oad r one gfami y onl ned 0 y Family -a person or group o1 people occupying a dwelling unit and con, posed of 1) an individual and anv number of other persons related to such individual by blood, marriage or formal 2 Other persons ons unrelated to such inclit Regular Session, August 4. 197a .11:) vidual by blood marriage, or formal adoption. Flammable or explosive materials any substance which decomposes through detonation or which is intense burning. Forpurposes of this Ordi nance. any Substance which is (OnS, ddtd an "explosive" or a "flam mable liquid" as defined in Division IV of Article I of the City of Dubuque Fire Code shall be considered a "Item moble or explosive material." all the property on one side 01 a streel between two intersecting streets (crossing side Of he sirlerl. for cured along he If the street is dlatllntled, then all 01 the property abutting on one side be tween an intersecting street and the deadend of the street, or if the Street ,S a continuous street running through a subdivision, then all property On one side of the street measured between the boundary Imes of the subdivision Floor area (gross) the terms "floor area' and "gross floor area" shall be considered identical under this Ord, nance, and shall mean the sum of the gross horizontal areas of the floors of a budding contained within the exterior walls thereof, expressed in Square feet The floor area of structures devoted to bulk storage of materials shall be determined on the ba S,S Of height, with each ten (10) feet Of frac tori thereof to count as one floor ''Floor area" when prescribed as the basis of measurement for Off street parking or loading spaces for any use, shall mean the sum OI the Qr055 horizontal areas of the several floors of the building, or porton thereof, de voted to Such use, including accessory storage areas located within selling or working space such as counters. racks. or closets, and any basement or cellar floor area devoted to retailing activi lies, t0 the production Or processing of goods, or to business or professional offices Garayqa--a structure or budding or por hon tflefeof in which one or more earl are parked or %Voted Garage (private)anaccessory build ung or an accessoryrtiol of the Won Xbuilding, inc udIng a carport, wh 1h i5 intended for and used for %for ,ng the privately owned motor vehi des. boats and trailers of the family or Writhes resident upon the premises, and in which no business. service, or industry connected directly or indi racily with motor vehicles, bowls and trailers Is carried on. provided that not more than two thirds of the park 1119 Spaces therein may be rented for the storage of motor vehicles. boals and trailers of persons not resident on the premises, except that all the park ing spaces in a garage of one, two, or three car capacity may be s0 rented Gas stations- Budding and premises where gasoline, oil, grease. batteries, tires, and automobile accessories may be supplied and dispensed at retail. and where in addition the following ser vices may be rendered and Sales made, and no other 1 Sales and servicing of spark plugs, batteries, and distributors and dlstr,bu forparts. 7. 8pping of Tire servicing and repair, but not ]acR Placemencll of of and fad Pipes, wafer hose, fan bens, brake fluid. ght bulbs, fuses. floor mats. seat covers, windshield wiper blades. 9rle5C thelike.. the wheel bearings, mirrors and RMfialor deanmVV and flushing s Washing antl Polishing, and sale OI automotive washing and Polishing Ina renals. a Greasing and lubrication. f Providing and repairing fuel pumps, od pumps, and Imes. a Minor serv,c ung and repair of car burefors, Emergency wiring repairs. IO Adlulbng and re ring brakes. 11 Minor motor adjuStments not in Volnng removal Of the head or crank [ase or racing the motor. 17 Sales of cold drinks, packaged foods• lOba((O, and %inldal convert ian(e 9,was for gas ;ta boil customers, as accessory and incidental 10 principal oration, Provision of road maps and other informational material to customers. provision of restroom facilities Uses permissible at is gas station do not include major mechanical and body work, straightening of body parts, panting, welding, storage of automo biles not in operating condition, or other work involving noise, glare, lumeS, smoke, Of other Characteristics to an extent greater than normally found in 985 Stations. A gas station is not a repair garage or body shop Group home- -any group of persons not meeting the definition of a family and occupying a single dwelling unit, but not including a boarding or rooming house Moura occupation --a business operat ed as an accessory use to a residential dwelling unit and Subject 10 the provi sions o Article V of this ordinance Loading Space. Off Street ---Space log, tally and conveniently located for bulk pickups and deliveries, scaled to deli very vehicles expected to be used. and accessible to Such vehicles when re quired off street parking spaces are filled. Required off street loading space is not to be included as off Street parking space in computation of required off street parking space Lot --for purposes of this ordinance, a lot is a parcel of land of at least Suft tient Sire to meet minimum zoning re quirements for use, coverage, and area, and to provide such yards and Other open spaces as are herein re quired Such lot shall have frontage on an improved public street, or on an approved private street, and may con sisf of 1. A sinle lot of record: $ A portion of a lot of record: j A combination of complete lots of record. of complete lots o record and portions of lots of record, or of portions of lots of record. A A parcel of land described by metes and bounds, provided that in no case of division or combination Shall any residual lot or parcel be created which does not meet the requirements of this ordinance LotFrontage the front Of a lot shall be construed to be the portion nearest the street. For the purposes of deter mining yard requirements on corner lots and through lots. all Sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as Indicated under yards in this Article. Lot Messurtments - 1 Depth Of a lot Shall be considered to be the distance between the midpOints of Straight lines connecting the lore most points of the side lot lines in front and the rearmost points of the side lot lines in the rear 7. Width Of a lot shall be considered to be the distance between straight lines connecting front and rear 101 lines at each slat of the 101, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points (where they intersect with the Street line) shall not be less than a0 per cent of the required lot Width except in the case of lots on the turning circle of cull de sac. where the 8o per cent require ment Shall not apply Lot of Record- a lot which i5 part Of a subdivision recorded in the office of the County Recorder. or a lot or parcel described by metes and bounds. the tlesc roption of which has been 50 re corded Lot TVars- the diagram below illus trates terminology used in this ord, nance with reference to corner lots. interior lots, reversed frontage lots and through lots 16 Regular Session, August 4, 1975 In the diagram I. —Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or Streets Shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 de grees See 1015 marked A(1) in the diagram. 2. B—interior lot, defined as a lot Other than a corner lot with only one frontage on a street. 3. C—through lot, defined as a lot other than a corner lot with frontage On more than one street. Through lois abutting Iwo streets may be referred to as double Irontage lots. S. D—reversed frontage lot, defined a5 a 101 On which the Irontage is at right angles or approximately right angles (interior angle less than 135 de grees) to the general pattern in the area A reversed frontage lot may also be a corner lot (A D in the diagram), an interior lot (B D) or a Through lot (C D). Mobile Home ---a detached single fam ily unit with all of the following charac ter is tics 1. Desig gned for long occupancy, and containing sleeping accommoda tions, a flush toilet, a bath or shower bath, and kitchen Iacilitie5, with plumb ing and electrical connections provid ed for attachment 10 Outside system S. 2. Designed to be transported after fabrication on its own wheels, or flat bed or other trailers or detachable wheels 3. Arriving at the site where it is to be occupied as a dwelling complete. Including major appliances and turn, lure, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foun dation su and the like.pports, connection to utilities, Motel- a budding or group of buildings in which living or sleeping accommodations with individual bath room and closet space are rented for the temporary residence of automobile travelers or other transient persons. Nursery School— See Day care center Nursing or convalescent home --an es Iablishment providing full time hour ing and care for the aged or physical ly infirm, and not involving surgery, obstetrical Services, or other major medical services more commonly pro vided in hospitals or sanitariums Such establishment may not involve the care or treatment of mental illness. alto holism, drug addictions, Or acute illness, but may involve usual convales cent Or chronic care including bedside nursing care, administration of rnedi cines or special diets, application of bandages or dressings, and similar pro cedures. Parking Space, Oft -Street for the pur Poses o1 this ordinance, an off street parking space shall consist of a space adequate for parking an automobile with room for Opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off Street parking areas for three Or more automobiles shall have individual spaces marked, and shall be so design ed,maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any auto mobile may he parked and unparked without moving another For purposes of rough computation, an off street parking space and neces sary access and maneuvering room may be estimated at 300 square feet. butoff Street parking requirements will be considered to be mei Only when actual spaces meeting the require ments above are provided and main tained,improved in a manner ap propri ate to the Circumstances of the case, and in accordance with all ordi trances and regulations Of the City Principal Building- a buitddng contain Ing a principal use Principal Use a main or predominate use maintained on a lot or premises In some districts, maintenance of more than one principal use on a 101 or premises may be permitted Private Club --See Club, Private Professional Office US& -Shall Include the fouowinj uses only Credit, ad justment, bill collection, and similar financial servicessecurity or com modify brokerage. insurance sales and Services, advertising or mailing ser vices.secretarial services. protective Or cu 510didl services. employment Services: real estate brokerage set vices. business consultation services. and medical, legal, engineering, or ar Chrtectural services. provided, how ever, that nothing in this definition shall be construed to allow manufac luring, sales of merchandise to be de livered on the premises, or any other use which is not customarily cons, dered an "office" use. Rear Yard- See Yard, Rear Refuse Dump- any property used for the collection, storage, or disposition of waste, junk or scrap items of any Retail Convenience Goods rnerchan dice commonly sold at retail for the regular personal consumption needs ano convenience of the buyer, such as apparel, furniture, appliances. athlel ic, recreation, or sporting goods. hard ware, housewares, and similar items, but not including items purchased in the course OI business activities Retail Sales- the sale O1 merchan dise for direct consumption or use by the purchaser as an ultimate consum er Rooming House- See Boarding House Service USaS- uses in which the pr,nci pal activity is the provision to patrons a In Arhe diagram: I. —Corner101, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or Streets Shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 de grees See 1015 marked A(1) in the diagQram. 2. B—interior 101, clef inetl as a 101 Other than a corner lot with on)y one frontage on a street. 3. C—thro ugh lot, defined as a lot other than a corner lot with frontage On more than one street. Through lois abutting Iwo streets may be referred to as double Irontage lots. S. D—reversed frontage lot, defined a5 a 101 On which the Irontage is at right angles or approximately right angles (interior angle less than 135 de grees) to the general pattern in the area A reversed frontage lot may also be a corner lot (A D in the diagram), an interior lot (B D) or a Through lot (C D). Mobile Home ---a detached single fam ily unit with all of the following charac ter is tics 1. Desig gned for long occupancy, and containing sleeping accommoda tions, a flush toilet, a bath or shower bath, and kitchen Iacilitie5, with plumb ing and electrical connections provid ed for attachment 10 Outside system S. 2. Designed to be transported after fabrication on its own wheels, or flat bed or other trailers or detachable wheels 3. Arriving at the site where it is to be occupied as a dwelling complete. Including major appliances and turn, lure, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foun dation su and the like.pports, connection to utilities, Motel- a budding or group of buildings in which living or sleeping accommodations with individual bath room and closet space are rented for the temporary residence of automobile travelers or other transient persons. Nursery School— See Day care center Nursing or convalescent home --an es Iablishment providing full time hour ing and care for the aged or physical ly infirm, and not involving surgery, obstetrical Services, or other major medical services more commonly pro vided in hospitals or sanitariums Such establishment may not involve the care or treatment of mental illness. alto holism, drug addictions, Or acute illness, but may involve usual convales cent Or chronic care including bedside nursing care, administration of rnedi cines or special diets, application of bandages or dressings, and similar pro cedures. Parking Space, Oft -Street for the pur Poses o1 this ordinance, an off street parking space shall consist of a space adequate for parking an automobile with room for Opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off Street parking areas for three Or more automobiles shall have individual spaces marked, and shall be so design ed,maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any auto mobile may he parked and unparked without moving another For purposes of rough computation, an off street parking space and neces sary access and maneuvering room may be estimated at 300 square feet. butoff Street parking requirements will be considered to be mei Only when actual spaces meeting the require ments above are provided and main tained,improved in a manner ap propri ate to the Circumstances of the case, and in accordance with all ordi trances and regulations Of the City Principal Building- a buitddng contain Ing a principal use Principal Use a main or predominate use maintained on a lot or premises In some districts, maintenance of more than one principal use on a 101 or premises may be permitted Private Club --See Club, Private Professional Office US& -Shall Include the fouowinj uses only Credit, ad justment, bill collection, and similar financial servicessecurity or com modify brokerage. insurance sales and Services, advertising or mailing ser vices.secretarial services. protective Or cu 510didl services. employment Services: real estate brokerage set vices. business consultation services. and medical, legal, engineering, or ar Chrtectural services. provided, how ever, that nothing in this definition shall be construed to allow manufac luring, sales of merchandise to be de livered on the premises, or any other use which is not customarily cons, dered an "office" use. Rear Yard- See Yard, Rear Refuse Dump- any property used for the collection, storage, or disposition of waste, junk or scrap items of any Retail Convenience Goods rnerchan dice commonly sold at retail for the regular personal consumption needs ano convenience of the buyer, such as apparel, furniture, appliances. athlel ic, recreation, or sporting goods. hard ware, housewares, and similar items, but not including items purchased in the course OI business activities Retail Sales- the sale O1 merchan dise for direct consumption or use by the purchaser as an ultimate consum er Rooming House- See Boarding House Service USaS- uses in which the pr,nci pal activity is the provision to patrons Regular Session, August 4, 1975 Of human Services Or Skills of a per financial• educational, clerical. require a yard with minimum dimen %tons as generally required for a Side 50,,,11, adminstrative, Or business nature, yard Or a rear yard in the district, determining which Shall apply by the as diSlingVished from the provision Or tangible merchandise relation of the portion of the lot on manufacture Of Service uses include uses defined as wfich the yard is to be located to the adjoining lot or lots, with due regard to Professional Office Uses in this Ordi i as well as uses involy nq elle elle orientation end location of strut nance, care or grooming Of the person, pets or tures and buildable areas thereon ARTICLE XII—ADOPTION AND RE• apparel, repair, service. and mein ten PEAL OF CONFLICTING ORDI. ante of retail convenience goods. per spial instruction Or consul ration. ane NANCES Section 17 101—Effective Date of Ordi. uses with mirCharacteristics S,tbaCk--tsimilararctestiesnance til horizontaltlis Provisions I This ordinance shall be in force and of tante required between the front street side lines of The lot and the tett ten 1101 days from and alter its rear, Of street, rear Or side lines Of The budding final passage, adoption, and public" hon as provided by law. except the pro respectively. Where Two or more conti visions of Section S 101 a Of this ordi^ quous lots in Single Ownership ere con the Overall exterior property ante regulating the parking and slor cerned, lines shall be employed to determine age of vehicles within residential dis tracts. which provisions Shall be in required setbeck%. Yard—See Yard, Side force and effect begs nninq on July 1, Sed, Aqn--See Section S 105 or This ordi 1976 Section 17107—Repeal of Conflicting nance for definitions and regulations Ordinances pertaining to signs. Street Line --the right of way line of a Upon the effective dateand publication of this ordinance. Ordinance No ) Ja street all amendments thereto Shall be. Structure---anything constructeo or Ter iantl and the Same hereby are repealed ected with a fixed location on the However, in the event that this Ord, ground, or attached 10 %Om ethinq with i nance shall fa,l to become effective for a fixed location on the ground Struc any reason whatsoever. Ordinance No. tures nclvde but are not limited t0 73a and all amendments thereto Shall buildings, mobile homes, walls. fences, I remain in lull force and effect billboards and poster panels Passed, adopted and approved this Townhouses--any serves Of two or more 6th day Of August 1975 laterally joined dwelling units ,n which C Robert Justmann, each dwelling unit has Separate ac Mayor cess and utility Service and in which no I Alvin E Lundh dwelling unit placed on top of another Emil StackiS Variance--a limited exception from the James E Brady I strict a plication of the provisions of this inance which may be granted Donald R Meyers. or by the Board of AdiustmMt according Councilmen ATTEST to the standards and procedvre5 Of Lep F From-elf, Article VI Of this ordinance City Clerk Yard- a required Open space other Published oNKiallY in the Telegraph than a court wnich is unoccupied and Herald Newspaper this 9th day of Sep unobitr ucted by any structure Or por tem bei. 1975 lion thereof from the natural ground Leo F. FrOmmelf, level to the Sky. except a5 otherwise City Clerk provided ,n Section 7 IOS 01 this ordi 11 9 9 nance Yard. Front- a yard extondhng be )ween side lot lines across The front of a Councilman Brady moved final lot adjoining a public street In the case of through tot%, front yards adoption of the Ordinance. Sec- shall be required on all fromages of onded by Councilman Meyers. The lot The depth of reawred front yards %hall be mea%urld ,1t r.9h+ Carried by the following vote: angles to a straight line louring the lot line% Yeas—Mayor Justmann, Council- foremost points of the side The foremost point of the side lot line.Ldh Meyers, Stackis. Brady, uny, in the case Of rounded properly corn NS at Street intersections, shall be men , Nays—None. assumed 10 be the point at which the side and front lot Imes would have met Communication of Dubuque w0houl Svch rounding Front and rear County Democratic Centra Com- front yard Imes %hall be parallel Yard Rear a yyaro extending across mittee submitting a resolution the rear o1 the fol between inner side Ihrougn tots Wishing LO g0 Oji CCCOrd In ex yard Imes In the case of and corner lots. there will be no rear resat,, thanks for the unselfish pressing yards. but only front and side vards Depth of a required rear yard Shall of Representative Dyrland be measured .n such a manner that the efforts helping to obtain 1.7 million The yard establtshed I% a Strip of minimum width required by district in dollars for Dubuque Waste Water regulations with its inner edge parallel with the lot line Treatment Plant, presented and rear Yard. Side a yard extending from read, Councilman Stackis move the rear Ione of the required front yard f0 file fear lot tine, or in the absence Ofthat the communication be received any clear) defined rear lot line to ine fKe farthest from them filed. Seconded by Council point on lot lersection of the lot involved with the and Brady. Carried by the fol- f nl,C Street In lhl case of through Ill! man 'O. S. %itle yard% Shall extend from lowing vote. rear lines o1 front yards required In the case lots, remain Yeas—Mayor Justmann, Council Of corner yard's Ing after full and hall depth front men Brady, Lundh, Meyers, StaCkis, yafd% have been established Shall fir Considered vde yards Width of a required side yard Shah be Nays—None. y of Dubuque Hu- 7teasureci m such a manner that the turd established is a Strip of the mini Communication man flights Commission submitting num width required by district fOQu "lions with edge with their meeting of July its inner parallel the title lot line minutes of and read. dun Yard. special a yard behind any re glhrea yard adjacent t0 a public Street, lel1975, presented c•iiman Stackis moved that the mm- nequjreclto perforn, the Same functions as to a and filed. Second a vtle or rear yard, but adjacent lot:ine so placed or oriented that neith utes be received Justmann. Carrie y r n,! lerm "Nile yard" nor the term ed by Mayor "rear yartl" clear)y applies In Such ydnimisiralor the following vote' cases, the Zoning %hall 418 Regular Session, August 4, 1975 Yeas—Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Youth Ser- vices Board of Directors advising of dismissal of a Board member due to illness and also presenting a name as a renewal of his posi- tion on the Board, presented and read. Councilman Stackis 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, Meyers, Stackis. Nays—None. Communication of Paul From - melt of 2525 St. Anne Drive rela- tive to the use of one block, street to Flora Park, is being used as a race track from St. Anne to Wil- bricht Lane by park patrons which is becoming extremely hazardous, presented and read. Councilman Stackis moved that the communi- cation be referred to the City Man- ager and the Traffic Department. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Jackson Rand Corporation, relative to an amount due from M. F. Goerdt Construc- tion Co., being $18,138.15, for work done on Cedar Street Lift Station, during November, 1974, presented and read. Councilman Stackis moved that the communication be referred to the City Manager and City Attorney. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Board of Dock Commissioners recommending the vacation of Tower Street contin- gent on wharfage fees being paid by Fischer Industries, and wharf- age agreement would be required for twenty-five years, presented and read. Joseph S. Pickett & Sons, Inc., sub- mitted a petition stating objections to the vacation of Tower Street. Councilman Lundh moved that the communication of the Dock Com- missioners be received and filed. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Teleprompter Cable TV, as an explanation for the request submitted to DOT for the construction of an underground conduit to service the Ramada Inn West, presented and read. Council. man Stackis moved that the com- munication be received and filed and City Clerk authorized to sign permit. Seconded by Councilman Meyers. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays—None. Communication of DOT advising of the letting of a Safety Enhance- ment Project on U.S. 21, 61 and 151, from near Delaware east to Dubuque on July 22nd, part of which lies in Dubuque at Catfish Creek, being bridge approach guardrails, presented and read. Ma- yor Justmann moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays—None. July 29, 1975 Honorable Mayor and City Council A request has been received by the Electrical Department from A. H. Oeth for street lighting on Kehl Court. The area has been investigated by the Electrical Inspector and it is recommended that one 175 watt mercury vapor fixture be installed on Kehl Court (A. H. Oeth Subdi. vision), ten feet north of the prop- erty line between Lots 3 and 4. The standard and wiring are to be installed by the developer. Your approval of this installa- tion is requested. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the request be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Regular Session, August 4, 1975 419 July 31. 1975 Honorable Mayor and City Council Incorporating a personnel capa- bility within my office contem- plated personnel recruitment and referral assistance to operating de- partment heads as a major and integral part of the overall duties and responsibilities of that func- tion. it has proven to be so. As an ex- ample, over 1,300 employment ap- plications were processed in the last twelve months. Much valuable operating management time has been utilized to better advantage by having a central city employ- ment mployment office. Present city employ- ment office personnel have famil- iarized themselves with the many city job requirements in order to better match needs with applicants. We accept employment applica- tions from all who visit our office for future openings. All of our job opening notices identify the City of Dubuque as the employer and are given wide distribution by many non -fee referral agencies, or- ganizations and news media. Addi- tionally, much special attention and knowledge is required on vari- ous federal or state funded posi- tions. Listing job openings with a fee payment requirement agency would obligate either the city or an ap- plicant to pay a sum of money for assistance in acquiring a public service job. With all due respect for the val- uable service that such an agency can and does render to smaller employers and professional busi- ness persons, it is my considered judgment that our present pro- cedure best serves the city's needs. In the event special job require- ments were considered beyond the expertise of my staff, we would consider this additional recruit- ment assistance and expense. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the Present procedure be sustained by Council support. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. NaYs—None. August 1, 1975 Honorable Mayor and Councilmen You may recall that the firm of Kintzinger, Kintzinger, Van Etten, Setter and King had made applica- tion for a permit to demolish the structure at 110.114 West 12 Street djoining their law offices. The ap- plication was referred to the His- toric Preservation Advisory Com- mittee and a delegation of the Committee inspected those prem- ises on July 31st, and has reviewed the findings of the Comprehensive Historical Resources Survey of 1973. The Committee has found the structure at 110.114 West 12th Street is of no particular signifi- cance historically or architecturally and therefore has no objection to the issuance of a demolition per- mit. The Committee has also dis- cussed plans for a new building at that location and has requested an opportunity to meet with the own- er and his architect to review those plans as they are completed. The Committee is assured of the intentions of the owner to erect a replacement structure in har- mony with the significant architec- tural character of the adjoining building persently occupied by the law firm. Thank you for the opportunity to consider this matter. Dubuque Historic Preservation Advisory Committee C. George Blasi Chairman Mayor Justmann moved that the communication be received and filed and concur with findings by the Committee. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays .None. ORDINANCE NO. 33.75 An Ordinance Authorizing Louis Kartman to Construct One Motel Sign on a Single Post, Presented and read. Councilman Brady moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: 420 Regular Session, August 4, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken be dis- pensed with. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 33.75 AN ORDINANCE AUTHORIZING Louis Kartman TO CONSTRUCT one Motel Sign on a Single Post. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Louis & Ramona Kartman as owners of the premises known as 1-1-1-1-1-1-1-1-1-1-2 of Mineral Lot 12 in the City of Dubuque, Iowa be, and they are hereby granted the revocable permit and authority to construct and maintain one motel sign on a single post or pole under the terms and conditions set forth in this Ordinance. SECTION 2. That such construction shall be done in accordance with plans heretofore submitted by permittees, and approved by City Manager, under the supervision and direction of the City Manager, and in accordance with all ap- plicable state and federal laws and regu- lations, and the Ordinances of the City of Dubuque. SECTION 3. That the permission here- in granted is expressly conditioned on permittees 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 sign. b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the loca- tion, installation, existence, construc- tion or maintenance of said sign, sus- tained by any person or persons, caused by accident or otherwise, to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of said sign and to pay reasonable attorney fees therefor: 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 persons or dam- ages to property of third persons, or for damage to any property of City of Dubuque which may occur as a re- sult of or in connection with the lo. cation, installation, construction, main- tenance and repair of the facility, work or improvement permitted herein. SECTION 4. That the permission here- in granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Coun- cil, permittees, or their successors in in- terest, 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 sign, and in the event of their fail- ure so to do, the City of Dubuque shall be authorized to remove said sign, at per- mittees 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 sign. SECTION f. 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 fa- cility and said permittee hereby covenants and agrees 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, construction, design, repair and mainte- nance of the facility herein permitted. SECTION 6. This Ordinance shall be- come effective and the rights hereunder accrue to Louis Kartman when this Or- dinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by accept- ance endorsed on this Ordinance. Passed, approved and adopted this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 33-75 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 33-75 hereby, for him- self, his successors or assigns, as owner of the abutting property, accepts the same and agrees to be bound by the con- ditions and agreements therein contained to be performed by permittees. Dated 8-1-75 Louis E. Kartman Property Owner Regular Session, August 4, 1975 421 published officially s in he Telegrap uh Heald NewspaperY R 1971. Leo F. Prommelt City Clerk 1a a-7 Councilman Brady moved final adoption of the Ordinance. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Frank E. Miller and Delbert G. Miller requesting vaca- tion of a portion of Daniels Street from west line of Bies Drive to east line of Sylvan Drive, present- ed and read. Mayor Justmann moved that the petition be re- ferred to the Planning & Zoning Commission and the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Northwestern Bell requesting permission to excavate at 21st Street & Central Avenue to repair cable, presented and read. Mayor Justmann moved that the request be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. May 30, 1975 Honorable Mayor and City Council The construction of the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1, Tenth Street from Locust Street to Bluff Street and the Intersection of Ninth and Bluff Streets ---Con- tract No. 1, Traffic Signals and Signing has been substantially completed in accordance with Plans and specifications by Moldt Electric Service, Inc. of Dubuque, Iowa. Gilbert D. Chavenelle City Manager 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, Meyers, Stackis. Nays—None. FINAL ESTIMATE RESOLUTION NO. 289.75 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. 1 Traffic Signals and Signing has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $36,462.92. That None of the cost thereof shall be assessable upon private property and $36,462.92 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen 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 Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 49475 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. 1 Traffic Signals and Signing has been completed and the City Manager has examined the work and filed his certificate stat- 422 Regular Session, August 4, 1975 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 Road Use Tax Fund upon the above described im- provement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen 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 Justmann, Coun- cilmen Brady, Lundh. Meyers, Stackis. Nays—None. July 31, 1975 Honorable Mayor and City Council There are items appropriated in the budget period January 1, 1974 - June 30, 1975 that were not ac- quired. Certain of these appropriations we would propose reserving for ex- penditure in FY '76. An attached form gives a detailed breakdown by fund and item. We would, therefore, request your adoption of a resolution au. thorizing the use of these funds in FY '76. Francis A. Murray Assistant 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, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 291.75 A RESOLUTION transferring ap- propriated unexpended items from the budget period of January 1, 1974 -June 30, 1975 to the FY '76 budget. WHEREAS, there were appro- priated amounts in the budget peri- od of January 1, 1974 -June 30, 1975 which were not spent. WHEREAS, it is proposed that these amounts be carried forward into the FY '76 Budget Year. NOW, THEREFORE, Be IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: That the following appropriated but unspent amounts from the period January 1, 1974 -June 30, 1975 be carried forward into the FY '76 Budget Year. FUND General ..................$13,200 Street ................... 14,820 Road Use ................ 49,664 Public Safety ............ 16,375 Sanitation ............... 26,972 Sewage Rental ........... 11,026 Dock........17,680 Library .................. 1,000 Recreation 9,000 Golf ..................... 5,340 Park ....................10,000 Parking ..................4,500 Revenue Sharing ... ...... 176,531 Total ...............$356,108 Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Regular Session, August 4, 1975 423 July 31, 1975 Honorable Mayor and City Council Attached is a resolution amend- ing our Fiscal Year 1976 budget. This amendment is necessary to reflect commitments for purchase of Airport Crash Units for $123,823 and funds for Bicentennial of $10,000. eviouslyh of theappro ed have by been Pr Council but have not been official- ly appropriated. State Code stipu- lates that proposed amendments must be published and a public hearing held. Therefore, you are requested to set a date for a public hearing and to adopt a resolution authorizing the City Clerk to publish proposed amendments and date of public hearing. Francis A. Murray Assistant City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 292.75 A Resolution Authorizing the City Clark to publish proposed amendments to the Fiscal Year 1976 Budget and Date of Public Hearing. WHEREAS, amendments are proposed to the FY '76 Budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that public hear- ing must be held on budget amend- ments. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of Dubuque, Iowa: That they hereby authorize the City Clerk to publish proposed amendments to the FY '76 Budget and date of public hearing. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R, Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution and setting Au- gust 25, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall as the date for public hearing, Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to dispose of interest in real estate to -wit: North % and South % of the East 33 feet of Lot 1 of the Subdivision of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa, to Leo J. Kringle, 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 Just - mann moved that the proof of pub- lication be received and filed. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 293.75 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 July 23, 1975, the City Council of the City of Dubuque, Iowa, met on the 4th day of August, 1975, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Cham- bers, City Hall, Dubuque, Iowa, to consider proposal to dispose of in- terest of the City of Dubuque, Iowa, in real estate, hereinafter described, to Leo J. Kringle; and WHEREAS, City Council of the City of Dubuque, Iowa, overruled and all objections, oral or written, to the proposal to dispose of in- terest of the City of Dubuque, Iowa, In the hereinafter described real estate to Leo J. Kringle: NOW THEREFORE 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: 424 Regular Session, August 4, 1975 The North 1/2 and South 1/2 of the East 33 feet of Lot 1 of the Subdivision of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa, to Leo J. Kringle, for the sum of nine hundred and fifty dollars ($950.00) and costs of publication and any platting costs, that no abstract of title will be furnished, conveyance will be by Quit Claim Deed and that the City of Du- buque, Iowa, will reserve unto it- self all easements for utilities. Section 2: That the City Clerk be and he is hereby directed and authorized to deliver deed of con- veyance conveying the above de- scribed real estate to Leo J. Krin- gle upon receipt of the purchase price in full. Section 3: That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen 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 Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays—None. RESOLUTION NO. 294.75 A resolution annexing certain property to the City of Dubuque, Iowa. Whereas, Mary R. Zimmerman, Dubuque County, Iowa, is the own- er of the following described prop- erty adjoining the City of Dubuque, Iowa to -wit: Lot 2 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 2 of lot 2 of Mineral Lot 483 in Table Mound Township, Dubuque Coun- ty, Iowa, subject to highway, as shown on Plat thereof, in Book of Plats #35, page 255, records of Dubuque County, Iowa. Whereas, said owner of the hereinabove described property has made written application to the City Council of Dubuque, Iowa to annex the hereinabove described property; and Whereas, said property is built on and the owners thereof will be enabled to secure the benefit of the City Government by way of Police and Fire Protection, water service and in addition thereto other benefits if said property is incorporated within the City Lim. its of the City of Dubuque, Iowa; and Whereas, 368.7 of the 1975 Code of Iowa authorizes the extension of City Limits in situations of this character by the adoption of a res- olution. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa are hereby extended by an- nexing to the City of Dubuque the following described property. Lot 2 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 2 of lot 2 of Mineral Lot 483 in Table Mound Township, Dubuque County, Iowa, subject to highway, as shown on Plat thereof, in Book of Plats #35, page 255, records of Dubuque County, Iowa. Section 2. That the City Clerk be and he is hereby directed to file in the office of the Dubuque County Recorder a certified copy of this resolution. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 295.75 BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following having complied with the provisions of Regular Sessiou. Mugust 4, 1975 425 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. Ronald T. Amundson -Richard D. Winsor, Carnival Lounge, 253 Main Street Ced-Jo Wholesale Dist., Inc., Jun- nie's Sport Center, 2095 Kerper Blvd. Rita Clancy, Clancy's Silver Tap, 201 East 22nd St. Steven T. Schnee -Gene Sullivan, King of Clubs, 1902 Central Ave. Phillip R. Love, Finale Lounge, 1701 Central Avenue Denny Manahl, 3201 Central Ave- nue Karl P. Ricketts, Beanies, 1400 Central Avenue Gene Kopp, The Downtowner, 951 Main Street Max Rettenberger, 960 Dodge Street Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 296.75 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 St. Columbkille's Church, 1240 Rush Street (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 297.75 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 St, Columbkille's Church, 1240 Rush Street (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Frail Stackis James E. Brady Donald R. Meyers Councilmen Attest: I.eo 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 29875 WHEREAS, applications for Beer Permits have been submitted to 428 Regular Session, August 4, 1975 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 Dubuque Jaycees, 3rd Street Ex- tension, City Harbor (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 299.75 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 Jaycees, 3rd Street Extension, City Harbor (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 300.75 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 Sally Josephine Roy, 400 Central Avenue Pete S. Sfikas, 401.405 Central Ave- nue (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 301.75 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, Regular Session, August 4, 1975 427 ..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 Sally Josephine Roy, 400 Central Avenue Pete S. Sfikas, 401-405 Central Ave- nue (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. At 10:40 P.M., Mayor Justmann moved to go into Executive Session to discuss appointments to various Boards and Commissions and per- sonnel. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Meyers, Stackis. Nays—None. Council reconvened in Regular Session at 11:14 P.M. Mayor Just - mann announced the following ap- pointments: Advisory Commission —Helen Spielman, Merlyn C. Pierce, James Esmoil and Kerin Moldenhauer; Playground & Rec- reation Commission—William Fol - ger, for a 3 year term expiring 7- 5-78, replacing Mrs. O'Brien; Li- brary Board --Wesley Schlotzhauer for the unexpired term of Dr. Sam Callan, expiring 7.1.79; Low -Rent Housing Commission—David R. Bi- senius, Chairman, Doris M. Hing - ten, and Joan Sheldon, all for 2 Year term expiring 8.17-77, and William J. Watters for the unex- pired term of Donald R. Meyers, expiring 8.17.76: Transit Board— Janet Jones, for a 6 year term ex- piring 7.30.81, replacing Doris Rie- kena: and Paul Healey reappointed to the Youth Services Board of Directors. Councilman Meyers moved ratification of the appoint- ments and recommended a letter of recognition be sent to Doris Rie- kena. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 302.75 Confirming the Appointment of Members of the Low -Rent Hous- ing ouring Commission of the City of Dubuque, Iowa WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 24470, electing to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board by said City Council; and WHEREAS, on the 1st day of February, 1971, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 36-71 amending said Resolution No. 244- 70 4470 increasing said Board of Com- missioners from five to seven mem- bers; and WHEREAS, the Mayor of the City of Dubuque, pursuant to said Resolution No. 24470 and toRes- olution No. 36-71 has appointed members to the Low -Rent Housing Commission of the City of Du buque: now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the action of the Mayor of the City of Dubuque, Iowa in appointing: David R. Bisenius, 1203 Grove Ter race, Dubuque, Iowa Doris M. Hingtgen, 1292 Curtis Street, Dubuque, Iowa Joan Sheldon, 1072% Locust St., Dubuque, Iowa William J. Watters, 3078 Kane Court, Dubuque, Iowa as Commissioners of the Low -Rent Housing Commission of the City of Dubuque. Iowa, is hereby ap- 428 Regulax Session, August 4, 1975 proved and the appointment of said Commissioners is hereby con- firmed by this City Council for the period designated in the Cer- tificate of Appointment of Com- missioners now on file in the of- fice of the City Clerk. Passed, approved and adopted this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. There being no further business, Councilman Lundh moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved November 17 1975 Adopted November 17 1975 Special Session. August 11, 1975 429 CITY COUNCIL OFFICIAL Special Session, August 11, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Myers, 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 ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THIS MEETING. Verbal report from Coast Guard Commander Campbell relative to proposed canoe trip honoring Jean Marie Cardinal was presented. Commander Campbell explained some of the difficulties involved for the proposed trip and also stat- ed an application must be made with State and Coast Guard for consideration prior to planned ac- tivities. Councilman Lundh moved that the information be referred to the Bicentennial Committee for official sanction and proper coordi- nation. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Playground & Recreation Commission submitting minutes of their meeting of July 14, 1975, presented and read. Coun- cilman Lundh moved that the min- utes be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --None. Communications of City Assessor submitting stipulations agreed up- on in the protest of assessments of real estate for N. W. Mutual Life (Penney's Store), Asbury Square Inc., and Pillsbury Company, as ordered by District Court, pre- sented and read. Councilman Stack. is moved that the communications be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Joe Helling expressing thanks and credit to the Engineering Department for the construction of Paul Street which is part of the City's 1975 As- phalt Paving Program, 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, Meyers, Stackis. Nays—None. Communication of Dubuque County Bicentennial Commission extending an invitation to attend the City of Asbury Bicentennial Flag presentation ceremony on August 21, 1975, at 7:30 P.M., pre- sented and read. Councilman Stack - is moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque County Department of Social Ser- vices inviting Council to the third in a series of public hearings de- voted to the establishment of a social service system as provided by the Federal Government on August 15, 1975, at 9:30 A.M. at Central Fire Headquarters, pre- sented and read. Councilman Stackis 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, Meyers, Stackis. Nays—None. Communication of East Central Intergovernmental Assn. advising of an Iowa DOT hearing at 6:00 P.M. August 20, 1975, as Maquo- keta, to submit a review of cur- rent projects planned for our area, presented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- 430 Special Session, August 1.1, 1975 onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Mayor Just - mann submitting the following items for Council consideration: (1) determine position of Council re: presenting fractional mill bond ref- erendum levy for support of Du- buque symphony orchestra (2) Re- quest drawings be prepared for re- construction of Madison street steps (3) Request Council exempt from sign painting requirements outlined in city ordinance, resi- dents who paint walls (outside) with non -advertising visual art (4) Request that the Julien Du- buque bridge be painted red, white and blue, presented and read. Councilman Meyers moved to suspend the rules in order to let anyone present respond to Coun- cilman Justmann's suggestions. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Mr. Dave Gilchrist, Donna Sue Peck and JoAnn Smith addressed the Council in behalf of the needs of the Dubuque Symphony. They have been able to pay their players however the inflationary trends in the country at the present time do effect contributions. The group also made it clear that the Du- buque Symphony and summer groups from the area are two sep- arate groups. It was explained to the symphony representatives what they could do in the line of getting up a petition in the event they would wish to be placed on the bal- lot at the upcoming election. Mayor Justmann moved that the matter of reconstructing the Madi- son Park steps be referred to the City Manager's office for recom- mendation and report and how to accomplish the task. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Brady moved that on the subject of painting the Julien Dubuque bridge a resolution be drawn up indicating that the bridge is in bad need of paint and recommend it be painted red, white and blue. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis. Nays—Councilman Meyers. Communication of Neil O. Han- son pertaining to storage of rec- reational vehicles on private drive- ways, how it would affect his par- ticular case at corner of St. John Drive & Hillcrest Road, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of receipts and expenditures, also list of claims paid for the month of June, 1975, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. August 4, 1975 Honorable Mayor and City Council The Office of Revenue Sharing each year requires the recipient governmental unit of revenue shar- ing funds to submit a report iden- tifying how revenue sharing funds were expended. By September 1 of this year the Office of Revenue Sharing requires that we report to them use of revenue sharing for the period July 1, 1974 to June 30, 1975. Attached is a copy of the report that we will be submitting to the Office of Revenue Sharing. This report must be published in the local newspaper for the benefit of the citizens of the community. The expenses reflected in the re- port are funds obligated by appro- priation in the period July 1, 1974 to June 30, 1975. Revenue Sharing funds appropriated prior to July Special Session, August 11, 1975 4331 1, 1974 but spent in the last half of 1974 or first half of 1975 are not reflected in this report. There- fore the report does not account for total revenue sharing expenses of $1,475,719 in the period July 1, :974 -June 30, 1975. You are requested to authorize the City Manager to sign this re- port and to direct the City Clerk to publish in the local newspaper. After publication, the report will be forwarded to the Office of Rev- enue Sharing. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed and request be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. July 30, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of BUS OPERATORS on July 29, 1975. The following named applicants passed the written examination and are hereby certified for ap- pointment. Hendricks, Terry P. ........92% Rieckens, James R. .........92% Birkbeck, Gerald W. .......90% Pauley, Charles M. .........90% Nicol, Gary A . ............. W% Carpenter, Richard L. ......84% Specht, Francis L. ..........84% Egelhof, Robert J. ..........82% Ruh, John C . ..............82% Kraus, Donald J . ............80% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of BUILDING INSPECTOR I on July 29, 1975. The following named applicants passed the written examination and are hereby certified for ap- pointment. Zenner, Edward C. .........79% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- ilmen Brady, Lundh, Meyers, Stackis. Nays—None. Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of HEATING INSPECTOR 1, (Heating, Ventilating, Refrigeration) on July 29, 1975. The following named applicants passed the written examination and are hereby certified for appoint. ment. NONE Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk 432 Special Session, August 11, 1975 Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of traffic Com- mittee submitting a petition from the residents of KeyWay Drive, which has been taken under ad- visement and expectation of a re- port shortly, 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, Meyers, Stackis. Nays—None. August 7, 1975 Honorable Mayor and Members of the City Council: 1 have approved the General Lia- bility Policy No. ICC 887022 issued to Louis Buechel, Heating & Plumbing Contractor, for the peri- od from August 25, 1975 to August 25, 1976, which has been approved for filing by the City Solicitor. We wish to have your approval of same. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of Cleon Ehlin- ger, in the amount of $163.05, for car damage incurred as the result of driving into a dip in the street at 11th & Iowa Street on August 7, 1975, presented and read. Coun- cilman Lundh moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun. ilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Human Rights Director Lorenz, requesting adop- tion of an amendment repealing Section 303 of the Human Rights Ordinance to include judicial re- view, presented and read. Council. man Lundh 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, Meyers, Stackis. Nays—None. ORDINANCE NO. 34-75 An Ordinance Repealing Section 303 of Ordinance No. 61.71 known as "Dubuque Human Rights Ordinance" and Enacting a new Section 303 in lieu there- of to provide for judicial re. view -enforcement, Presented and read. Councilman Meyers moved that the reading ,just had be considered the first reading of the Ordinance. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Meyers moved that the rule requiring an ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 34.75 AN ORDINANCE REPEALING SECTION 303 OF ORDINANCE NO. 61-71 KNOWN AS "DU- BUQUE HUMAN RIGHTS ORDI- NANCE" AND ENACTING A NEW SECTION 303 IN LIEU THEREOF TO PROVIDE FOR JU- DICIAL REVIEW -ENFORCEMENT NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1: That Ordinance No. 61- 71 known as the Dubuque Human Rights Special Session August 11, 1977 43.3 Ordinance be and the same is hereby amended by repealing Section 303 thereof and enacting a new Section 303 thereof as follows: "SECTION 303: JUDICIAL REVIEW - ENFORCEMENT. 1. Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa administrative procedure Act. Notwithstanding the terms of said Act, petition for judicial review may be filed in the District Court in which an enforcement proceeding under subsection 2 may be brought. 2. The commission may obtain an order of Court for the enforcement of com- mission orders in a proceeding as provided in this section, Such an enforcement pro- ceeding shall be brought in the District Court of the district in the county in which the alleged discriminatory or un- fair practice which is the subject of the commission's order was committed, or in which any respondent required in the or- der to case or desist from a discrimina- tory or unfair practice or to take other affirmative action, resides, or transacts business. 3. Such an enforcement proceeding shall be initiated by the filing of a pe- tition in such Court and the service of a copy thereof upon the respondent. There- upon the commission shall file with the Court a transcript of the record of the hearing before it. The Court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the Pleadings, testimony, and proceedings set for in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the commu- nion, in whole or in part. 4. An objection that has not been urged before the commission shall not be con- sidcred by the Court in an enforcement proceeding unless the failure or neglect to urge such objection shall be excused be- cause of extraordinary circumstances. S. Any party to the enforcement pro- ceeding may move the Court to remit the cue to the commission in the interests of justice for the purpose of adducing addi- tional specified and material evidence and seeking findings thereof, providing such Party shall show reasonable grounds for the failure to adduce such evidence be- fore the commission. 6. In the enforcement proceeding the Court shall determine its order on the same basis as it would in a proceeding re- viewing commission action under section I7A.19, subsection 8,1975 Code of Iowa. 7. The commission's copy of the testi- mony shall be available to all parties for examination at all reasonable times, with- out cost, and for the purpose of judicial resiew of the commission's orders. 8. The commission may appear in Court by its own attorney. 9. Petitions filed under this section shall be heard expeditiously and deter- mined upon the transcript filed without requirement for printing. 10. If no proceeding to obtain judicial review is instituted within thirty days from the service of an order of the com- mission under section 301 hereof the commission may obtain an order of the Court for the enforcement of such order upon showing that respondent is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforce- ment is brought." Passed, approved and adopted this 11th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 14th day of Au- gust 1974. Leo F. Frommelt City Clerk It. 8-14 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cillnen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 35.75 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Motor Ordi- nance 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 any one time on Fourth Street, both sides, be. tween White Street and Central Avenue and South Side between Central Avenue and Iowa Street and both sides between Iowa Street and Locust Street, pre- sented and read. Mayor Justnia1111 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 Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. 434 Special Session, August 11, 1975 Mayor Justmann moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 35.75 AN ORDINANCE AMENDING ORDINANCE NO. 37-61 KNOWN AS THE "STREET PARKING ME- TER ORDINANCE OF DUBUQUE, IOWA", BY REPEALING SUBSEC- TION 6.2.9 OF SECTION 6.2 PARKING METER DISTRICT B THEREOF AND ENACTING A NEW SUBSECTION 6.2.9 TO SEC- TION 6.2 OF PARKING METER DISTRICT B IN LIEU THEREOF TO LIMIT PARKING TO 120 MIN- UTES AT ANY ONE TIME ON FOURTH STREET, BOTH SIDES, BETWEEN WHITE STREET AND CENTRAL AVENUE AND SOUTH SIDE BETWEEN CENTRAL AVE. NUE AND IOWA STREET AND BOTH SIDES BETWEEN IOWA STREET AND LOCUST STREET. NOW THEREFORE BE IT OR- DAINED 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 Sub- section 6.2.9 of Section 6.2 Parking Meter District B in lieu thereof as follows: "6.2 Parking Meter District B 6.2.9 Fourth Street, both sides, be- tween White Street and Central Avenue and south aide between Central Avenue and Iowa Street and both aides between Iowa Street and Locust Street." Passed, adopted and approved this 11th day of August, 1971. C. Robert Justmann Mayor Alvin E. Lundh Er -:l Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 14th day of Au- gust 1971. Leo F. Frommelt City Clerk It. 8-14 Mayor Justmann moved final adoption of the Ordinance. Sec. onded by Councilman Lundh. Car. ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Rick Donath request. ing an opportunity to purchase Lot 130 in Lennox Subdivision, located on Missouri Street, presented and read. Mayor Justmann moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Walter Pregler et al (76 signers) requesting the rein- statement of bus service on Shiras Avenue, presented and read. Coun- cilman Meyers moved that the pe- tition be referred to the Transit Authority. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Meyers further moved that the City Solicitor be directed to draw up a resolution for the Transit Authority stating their meetings be called on a monthly basis with fixed day, time and place. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Kopper -Powers Ford Inc., requesting to hook up to the City sewer system as the result of inadequate operation of their pres- ent septic tank, presented and read. Councilman Lundh moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Sister Kenney Insti- tute requesting permission to con- duct their annual door to door Special Session, August 11, 1975 435 drive in November to solicit funds, presented and read. Mayor Just - mann moved that the petition be approved subject to coordination of the City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Dubuque Community School District requesting permis- sion to use an aerial display of fireworks for September 19, 1975, presented and read. Mayor Just - mann moved that the petition be referred to the City Manager. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Dubuque TV Advis- ory Commission, requesting clarifi- cation of Ordinance No. 8.75, whether or not a Commercial Rate can be properly charged although not specifically authorized, pre- sented and read. Councilman Lundh moved that the petition be referred to the City Manager and City Solicitor for amendment to the Ordinance for a specific com- mercial rate. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—Councilman Brady. August 7, 1975 Honorable Mayor and City Council Enclosed find our 1974 and first six months of 1975 Street Finance Report which includes all income and expenditures for street pur- poses The first column contains the en- tire Road Use Tax accounting which includes construction, road maintenance, snow removal and street cleaning. The second column consists of street fund accounts derived main- ly from property taxes and assess- ments paid by residents within thirty days of the levy for street Paving projects. The third column accounts for all other funds contributing to street related expenditures, such as street lighting, street storm sewer clean- ing and traffic signal lighting and maintenance. The total expenditure for street related purposes this year is $2,924,774. The report also includes a park- ing report showing all parking in- come and expenses. Gilbert D, Chavenelle City Manager Mayor Justmann 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 303.75 Resolution Approving Official Report of Municipality for Mu- nicipal Streets and Parking for 1974 and the first six months of 1975. WHEREAS, an official report of municipality expenditures and re- ceipts in 1974 and the first six months of 1975 for municipal Streets and parking facilities in the City of Dubuque, Iowa has been duly prepared as required by Chapter 312 Road Use Tax Ac- count, Code of Iowa, and submitted to the City Council for approval; and WHEREAS, the City Council has examined the official report of the City of Dubuque, Iowa for its streets and parking facilities from January 1, 1974 to June 30, 1975, wherein receipts and expen- ditures are shown for 1974 and the first six months of 1975, along with a street bond listing supple- ment. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the official report of the City of Dubuque, Iowa for Its streets and parking facilities from January 1, 1974 to June 30, 1975 be and the same is hereby ap- proved. 936 Special Session, August 11, 1975 Passed, adopted and approved this lith day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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 Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 304.75 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. John R. Hirsch, 206 West Third Street Melvin A. Spiegelhalter, 10291/2 Main Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 305-75 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 John Peter Frangos, The Iron Ket. tle Deli, 1236 Iowa Street (also Sunday Sales) Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 306.75 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 John Peter Frangos, The Iron Ket. tle Deli, 1236 Iowa Street (Also Sunday Sales) Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Special Session, August 11, 1975 437 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 307-7S 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 The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 308.7S WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply With the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 309.75 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 approved and licenses issued upon the com- pliance with the provisions of Chap- ter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James R. Bainbridge, 1375 Locust Street Passed, adopted and approved this lith day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by 438 Special Session, August 11, 1975 Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 31075 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 James R. Bainbridge, 1375 Locust Street Passed, adopted and approved this lith day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. Clarence Wernimont addressed the Council complaining about the reception he is receiving on his television via cable. Mayor Justmann moved to schedule a work session for the Council with the Cable TV Advis- ory Commission on August 14, 1975, at 7:30 P.M. in the Council Chambers at City Hall. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. At 9:35 P.M. Councilman Stackis moved to go into Executive Ses. sion to discuss appointments to various Boards and Commissions. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Council Reconvened at 10:06 P.M. Mayor Justmann made the following appointments: Electrical Board of Appeal, James A. Cosley, replacing Richard Henschel, and Wm. Grothe, replacing Donald Eh- lers, four year term expiring 7-12-79; Board of Appeal -Building Code, Aoa Gatrel for unexpired two year term expiring 12.31-76; Electrical Board of Examiners, George Klinge replacing John Shif- fiett, and James B. Hutton, replac- ing Donald Ehlers, four year term expiring 7-12-79; and Library Board, Catherine Seitz, replacing Merlin Hantelmann, for six year term expiring 7-1-81. Mayor Just - mann moved ratification of the ap- pointments. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady ,Lundh, Meyers, Stackis. Nays—None. Councilman Brady further moved to extend terms of office of Citi- zens Transportation Committee members indefinitely. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. There being no further business, Councilman Lundh moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Special Session, August 11, 1975 439 Yeas — Mayor .lustmann, Coun- cilmen Brady, Lundh, Meyers, stackis. Nays—None. Leo F. Frommelt City Clerk November 17 Approved November 17 1975 Adopted November 17 1975 440 Special Session, August 1$, 1975 CITY COUNCIL OFFICIAL Special Session, August 18, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Meyers, 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 SET- TING A DATE OF HEARING TO DISCONTINUE EXISTENCE OF THE PRESENT RECREATION COMMISSION AND PARK BOARD and acting upon such other busi- ness as may properly come before a Regular Meeting of the Council. Communication of Teleprompter Cable TV advising that Council meetings which are aired, will not begin being broadcast until Sep- tember 8, 1975, due to moving to a new location, 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, Meyers, Stackis. Nays—None. Communication of Mr. & Mrs. Mike Elliott and Mr. & Mrs. Phan Van Do, expressing thanks, cour- tesies and effort extended aboard the River Rogue, presented and read. Councilman Stackis moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Paulson Elec- tric Co. requesting payment in settlement of account of Waste Water Treatment Facilities proj- ect, in the amount of $5,435.73, presented and read. Councilman Stackis moved that the communi- cation be received and filed and referred to the City Manager. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Mr. & Mrs. A. J. Rooney, submitting copy of letter sent to Telegraph -Herald Editor, objecting to the poor re- ception on TV, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun. cilman Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Board of Dock Commissioners submitting minutes of their meeting of August 6, 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, Meyers, Stackis. Nays—None. Board of Dock Commissioners' minutes on Page 4 Par. 2 were discussed as to development of the Fourth Street area. Mayor Just - mann moved that the Dock Com- missioners be requested to forward to the Council, on an expedited basis, their improvement plans of the Fourth Street area. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Building Commissioner Bandy, advising of a request submitted to him for de- molition of a building at 332 Bluff St., through the attorneys for the estate of Theodore J. Klein, located in St. Raphael's neighborhood, pre- sented and read. Councilman Stack. is moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Special Session, August 18, 1975 441 Attorney Dennis Naughton, rep- resenting the Klein Estate, ad- dressed the Council relative to the request. Councilman Brady moved that the communication of the Building Commissioner be referred to the meeting of September 2, 1975. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Meyers, Stackis. Nays—Councilman Lundh. Communication of Dubuque His- toric Preservation Advisory Board advising of no particular signifi- cance historically or architectur- ally in the property at 332 Bluff St., presented and read. Council- man Brady moved that the com- munication be referred to the meeting of September 2, 1975. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Meyers, Stackis. Nays—Councilman Lundh. Communication of MTC Appli• ance Co. indicating displeasure that no one of the Council or man- agement presented themselves on the day of promotion August 2, 1975, in which Key Line was sub. sidized in the amount of $507, pre- sented and read. Councilman Stack - is moved that the communication be received and filed and Council send "Thanks" to MTC Appliance Co. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of U. S. Corps of Engineers and Stale of Iowa sub- mitting a joint Public Notice that the Dubuque County Conservation Board has applied for a permit to Perform maintenance dredging of the boat channel leading from Mud Lake boat ramp to the main chan. nel of the Mississippi River, pre- sented and read. Councilman Stackis 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, Meyers, Stackis. Nays—None. Communication of County Audi- tor Meloy submitting an official call for a convention of Boards of Directors of school Districts and Mayors of cities for the purpose of complying with H. F. 802 66th G.A., to prepare and recommend a pay schedule for elective County offi. cers, meeting set for August 19, 1975 North Court Room, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilmar. Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. August 14, 1975 Honorable Mayor and Members of the City Council I have approved the following bonds and desire to have your approval of same for ifling. IOWA OFFICIAL BOND Janet .tones, Trustees of Dubuque Transit $1000. Midwestern Cas- ualty & Surety Bond No. FO - 54753 SIDEWALK CONSTRUCTION BOND Carl Blosch, $1000. Dated June 14, 1975. United Fire & Casualty Co. Bond #55.54451 Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Stackis moved that the Mayor and Dock Commission work together, to permanently moor the "Sergeant Floyd" in the Dubuque Harbor. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of N. W. Bell Telephone, in the amount of $115.26, for truck damage incurred on August 6, 1975, as the result of a city truck backing up on E. 4th St., presented and read. Coun- cilman Meyers moved that the No. 442 Special Session, August 18, 1975 tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of personal injury claim of Matthew J. Gansemer for minor son David Gansemer, for injuries received in a fall at Flora Barn on August 11, 1975, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of City Attor- ney confirming conversation with George Deininger, Chairman of Dubuque Transit Authority, set- ting date of monthly meetings for the Transit Board being second Thursday of each month at 1:00 P.M. in the Council Chambers, pre- sented and read. Councilman Mey- ers moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 36.75 An Ordinance Amending Ordi- nance No. 19-75 by Enacting a New Section 11 Thereto to Pro- vide That The Transit Authority Shall Be Required To Have At Least One Official Meeting Each Month, presented and read. Councilman Lundh moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Lundh moved that the rule requiring an Ordinance to be received and filed at two meet- ings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Meyers. Carried by the following; vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 36-75 AN ORDINANCE AMENDING ORDINANCE NO. 19-75 BY EN- ACTING A NEW SECTION 11 THERETO TO PROVIDE THAT THE TRANSIT AUTHORITY SHALL BE REQUIRED TO HAVE AT LEAST ONE OFFICIAL MEET- ING EACH MONTH NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No. 19-75 passed, adopted and approved by the City Council on the 9th day of June, 1975, and published in the Telegraph Herald on the 12th day of June, 1975. be and the same is hereby amended by adding a new Section 11 thereto as fol- lows: "SECTION 11. The Transit Authority shall hold at least one official meeting per month and same shall be held at City Hall, City Council Chambers, City of Dubuque, Iowa. The designated monthly meeting day shall be on the second Thursday of each month com- mencing September 11, 1975." Passed, adopted and approved this 18th day of August, 1975. C. Robert Justmann Mavor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 21st day of Au - Leo F. Frommelt City Clerk 1 t. 8-21 Councilman Lundh moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Richard Avenarius re- questing consideration for the pur- chase of a portion of an alley abutting Lot 1 of 1 of Lot 11 in Althauser Sub., presented and read. Councilman Stackis moved Special Session, August 18, 1975 443 that the petition be referred to the City Manager and Staff. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Kennedy Mall Mer- chants requesting permission to conduct a parade in connection with a Corvette Show on September 13, 1975, presented and read. Dave Gantz addressed the Council rela- tive to the petition. Councilman Lundh moved that the petition be approved subject to coordination of the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Dubuque Jaycee Jaynes requesting permission to park the Wisconsin Breast Cancer Detection Mobile Unit between the Osco Store and the first Mall Build- ing on September 5th, presented and read. Councilman Lundh moved that the request be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Dubuque Jaycees re- questing refund of $225, on the unexpired portion of Class "B" Beer Permit, discontinued business on August 11, 1975, presented and read. Councilman Lundh moved that the refund be approved and City Auditor directed to issue prop- er warrant. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Prior to the presentation of a resolution setting date of public hearing to discontinue the exist- ence of the present Recreation Commission and Park Board and to enact an Ordinance creating one Board discharging the duties of two (2) boards, Councilman Stackis moved that the concept of Merg- ing the Park Board and Recreation Commission be abandoned. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Councilmen Brady, Mey- ers, Stackis. Nays — Mayor Justmann, Coun- cilman Lundh. RESOLUTION NO. 311.75 WHEREAS, the City of Dubuque, together with the rest of this na- tion, is on the threshold of cele- brating the Bicentennial; and WHEREAS, it appearing to the City Council, City of Dubuque, Iowa, that the Dubuque -Hast Du- buque Bridge is in apparent need of repainting; and WHEREAS, the City Council of the City of Dubuque, Iowa, de- sires to be in the vanguard of commemorating and celebrating the Bicentennial of this nation and deems it fitting and proper that said Dubuque -East Dubuque Bridge should be repainted in the national colors. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the City Council of the City of Dubuque, Iowa, does hereby formally go on record pe. titioning the Department of Trans- portation of the State of Iowa to repaint the Dubuque -East Dubuque Bridge in the national colors of the United States of America in commemoration and celebration of the Bicentennial of this nation. Section 2: That the City Man- ager be and he is hereby directed to forthwith transmit a certified copy of this Resolution to the Of- fice of the Department of Trans- portation of the State of Iowa, forthwith after adoption and ap- proval hereof. Passed, adopted and approved this 18th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded 444 Special Session, August 18, 1975 by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—Councilman Meyers. Councilman Lundh further moved that Mayor Justmann submit a certified copy of Resolution No. 311-75 to the East Dubuque, Illi- nois, Council urging them to seek concurrence with their Illinois DOT. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—Councilman Meyers. RESOLUTION NO. 312.75 WHEREAS, there has been de- livered to the City Council of the City of Dubuque, Quit Claim Deed, dated July 10, 1975, of Jackson M. Marshall conveying to the City of Dubuque, subject to certain terms of said conveyance, the fol- lowing described real estate, to - wit: NW 1/4 of the SE '/4 of the SW I/4 of Section 10, Township 89 North, Range 2 East of the 5th PM., according to the United States Government Survey there- of, and SW % of the SW f/4 of Section 10, Township 89 North, Range 2 East of the 5th PM., according to the United States Government Survey thereof, subject to ease- ments of record, also right of way over the Westerly 20 feet of Lot 1 of the Subdivision of: "Lot 1 of 1 of 1 of Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386, and Lot 2 of Mineral Lot 380" according to the recorded plats thereof, together with and 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 1. That the delivery of Quit Claim Deed of .Jackson M. Marshall conveying to the City of Dubuque, Iowa, the hereinabove described real estate be and the same is hereby approved and ac. cepted and the City agrees to abide by the terms of said conveyance. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Quit Claim Deed in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 18th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 313-75 Being a correction of Resolution No. 386.74 and of Subsequent Resolution No. 100-75. Resolution approving the plat of Block 1, Block 2 and Block 3, each in Tim- br Ridge Addition in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 1, Block 2 and Block 3, each in Timber Ridge Addition in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as June Drive and Richard's Road, togeth- er with certain public utility ease- ments 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 relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of June Drive and Richard's Road Special Session, August 18, 1975 445 together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Saetim 2. That the plat of Block 1, Block 2 and Block 3, each in Timber Ridge 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 gutter and to hard surface June Drive and Richard's Road with bi- tuminous concrete, or with con- crete paving with integral curb, all in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewr 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 Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, as owner; I. To construct said improve- ments, except sidewalks, prior to October 1, 1976, and to construct the sidewalks prior to October 1, 1978; And further provided that said Richard C. Henschel and Mildred L. Henschel, as owner of said Sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Rich and C. Henschel and Mildred L. Henschel, 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 18th day of August, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil 9tackis James 8 Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Acceptance of Resolution No. 313-75 being a correction of Reso- lution No. 386.74 and of subs- quent Resolution No. 100.75. We, the undersigned Mildred L. Henschel & Richard C. Henschel having read the terms and condi- tions of the foregoing Resolution No. 313.75 and being familiar with the conditions thereof, hereby ae- cept the same and agree to per- form the conditions required there- in. Dated at Dubuque, Iowa, this 15th day of August, 1975. /s/ Mildred L. Henschel /s/ Richard C. Henschel ,ro: LEO F. FROMMELT CITY CLERK This is to certify that the se- urity provided by the foregoing RESOLUTION NO. 313-75 has been furnished by the owners. Dated at Dubuque, Iowa, this l9th day of August 1975. Gilbert D. Chavenelle City Manager Councilman stackis moved adop• tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Regular Session, September 1, 1975 449 and Abjourned Regular Session September 2, 1975 CITY COUNCIL OFFICIAL Regular Session, September 1, 1975. No members of the Council be, - ing present, the meeting was ad- ourned subject to call. Approved January 5, 1976 City,Clerk Clerk, Adjourned Regular Session, Sep- tember 2, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that this meeting is an Adjourned Meeting of Special Meeting of August 25, 1975, and also an Adjourned Meeting of the Regular Meeting of September 1, 1975, called for the purpose of acting upon a Resolution Amend- ing the Current Budget for Fiscal Year Ending June 30, 1976, and acting upon such other business as may properly come before the meeting. A "Moment of Silence" in trib- ute to former 'Mayor Gaylord M. Couchman was held. 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None, Allan T. Thorns presented the e p,pos atnt8 o opr epDumber pbpos buque-East Dubuque Bridge. Coun- cilman Brady moved that apprecia- tion be sent to the Iowa DOT for their consideration on painting the bridge. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays -- None. Communication of Board of Dock Commissioners requesting time for Dick Wertzberger to address the Council to submit a report on the visit of the tugboat. "Sgt. Floyd", presented. Mr. Wertzberger ad- dressed the Council and submitted the report stating that 5,142 visit- ors toured the Sgt. Floyd while moored in Dubuque, and expressed "Thanks" to all concerned. Coun- cilman Stackis moved that the com- munication of the Dock Commis- sioners be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Bans Zurcher presented a plat from the U.S.S. Dubuque to Mayor Justmann with the citation, "award- ed to the people of Dubuque, Iowa, in appreciation—the Officers and Crew of U.S.S. Dubuque." Communication of Low -Rent housing Commission submitting minutes of their meeting of Au- gust 19, 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, Meyers, Stackis. Nays None. Communication of Dock Commis- sioners submitting minutes of their meeting of August 13, 1975, also E. 4th Street Peninsula Program stag- ing format, also minutes of their meeting of August 20th, 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, s, Stackis. Nays—None. 20 197' Adjourned 450 Regular Session, September 4, 1975 Communication of Youth Serv- ices Board of Directors sub- mitting minutes of their meet- ing of July 29, 1975, presented meeting of July 29, 1975, presented and read. Councilman Stackis mov- ed that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Fire Fighters Assn. advising to be certified as the bargaining representative of the Fire Fighter employees under the terms of Iowa Public Em- ployees Act, 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, Meyers, Stackis. Nays — None. August 29, 1975 Honorable Mayor and City Council I have noted the letter of Local 353, Fire Fighters' Association, in the material gathered for Council meeting, September 2nd. In order to inform you about their request, I am enclosing a copy of a letter from Mr. Bockes which lists in chronological order the events which preceded the Fire Fighters' letter of August 16. I request that the entire matter be referred to the city manager. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and fil- ed and the City Manager's request be approved. Seconded by Council- man Lundh. Vote on the motion was as follows: Yeas — Mayor Justmann, Coun- cilman, Lundh. Nays — Councilmen Brady, Mey. ers, Stackis. MOTION FAILED. Communication of Dubuque Air- port Commission submitting min- utes of their meeting of August 14, 1975, presented and read. Council. man Stackis moved that the min- utes be received and filed. Sec. onded by Councilman Meyers. Car. ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Planning & Zoning Commission submitting minutes of their meetings of Aug- ust 20th and August 291h, present- ed and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays — None, Communication of Building of- ficial Bandy advising of a request for a demolition permit for build- ing at 332 Bluff Street (forwarded from last meeting), also submitting a communication from Historic Preservation Advisory Board hay. ing no objection to the issuance of a demolition permit, presented and read. Councilman Brady moved that the permit be granted. Second- ed by Councilman Lundh. Carried by the following vote: Yeas—Councilmen Brady, Lundh, Meyers, Stackis. Nays — Mayor Justmann. Communication of Iowa Depart- ment of Environmental Quality concluding that satisfactory pro- gress is being made after review- ing Wastewater Treatment Plant Progress report, presented and read. Councilman Lundh 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, Meyers, Stackis. Nays — None. Communication of Dubuque County Sanitarian Kunkel advis- ing that representatives of County Board of Health and residents of Old Mill Road and Manson Road will address the Council on the feasibility of obtaining sewer to the area, presented and read. Dr. White, Dave Kunkel, Sharon Barr, Dave Powers, Ray Miller, Dr. Howell and John Unsen, all County Representatives, addressed the Council on the present sewer prob- Adjourned Regular Session, September 3, 1975 451 lems. They stated 20 homes out of 28 are now deficient and showing defective septic tank systems in the South Dubuque Area. Mayor Justmann moved that the com- munication of Sanitarian Kunkel be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Counc- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Mayor Justmann moved to pro- ceed to hook up sewer for residents within the City limits and extend the helping hand urging County residents to annex on a voluntary basis. Seconded by Councilman Stackis, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Arvid H. Seele, not a subscriber to cable television, however following con- troversy over TV very closely sug- gesting the adoption of an ordin- ance that would provide perform- ance standards to protect non - subscribers from interference, pre• sented and read. Mayor Justmann moved that the communication be received and filed and referred to the TV Advisory Commission. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- milmen Brady, Lundh, Meyers, Stackis. Nays — None. Copy of communication of Cable TV Advisory Commission to Ernest Neumann, Assistant Director of Engineering Transmitters, ISBN, expressing appreciation of his staff coming to Dubuque to observe per- formance of TV Cable system and looking forward to their return with a spectrum analizer, presented and read. Mayor Justmann moved the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Public Notice of U.S.E.P.A. re- garding a proposed National Pollu- tant Discharge elimination system at Clinton, Iowa, authorization to discharge by Interstate Power Co. into the Mississippi River, objec- tions must be filed prior to 9-2475, presented and read. Mayor Just - mann moved that the notice be re- ceived and filed. Seconded by -Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. A Honorable Mayor August 20, 1975 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 July 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. August 26, 1975 Honorable Mayor and City Council The League of Iowa Municipal- ities annual meeting is on Septem- ber 22 and 23. It is requested that no Council meeting be held on Monday evening, September 22. 1 have been informed that the Legislative Interim Highway Com- mittee, commissioners and staff of the Department of Transportation will visit the city, October 6 and 7. It is planned that these people will be dinner guests of the city Monday evening and, consequently, it is requested that the regular Council meeting scheduled for Oc- tober 6 be postponed to Tuesday evening, October 7. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the request be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun• cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Adjourned 452 Regular Session, September 3, 1975 August 26, 1975 Honorable Mayor and City Council It is requested that arrangements be made for the annual City Boards and Commissioners dinner to be held in October or November. May I have your approval to proceed with this event. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the request be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. August 25, 1975 Honorable Mayor and City Council I request your permission to at- tend the Annual Convention of the League of Iowa Municipalities, Sep- tember 21-23, and the meeting of the International City Management Association, September 26 -October 2. Involved in the Management meeting is a two day training ses- sion on September 26-27 conducted by the National Training and De- velopment Service. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the request be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None, August 28, 1975 Honorable Mayor and City Council I am returning to you the peti. tion of Frank and Delbert Miller concerning the vacation of a por- tion of Daniels Street. I recommend that the petition be denied, and in support of this recommendation I have attached a copy of Chief O'Brien's letter stating the recommendation of the traffic committee. That portion of the petition re- questing the rezoning of Lot 2 and Lot 3 in Sylvan Place is under con- sideration by the Planning and Zoning Commission. I have written to the petitioner informing them of my recom- mendation. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. A Honorable Mayor August 29, 1975 and Councilmen The City of Dubuque Planning and Zoning Commission has con. sidered the petition of Frank and Delbert Miller of May 23, 1975, re- questing the vacation of portion of platted Daniels Street and asking consideration of zoning for mul- tiple dwellings on Lot 2 and Lot 3 of "Sylvan Place" in the City of Dubuque, Iowa. In regard to the request for vacation of Daniels Street between Bies Drive and Sylvan Drive, the Commission reviewed its recent studies for land -use and traffic pattern changes in this area, and has determined that Daniels Street should remain open to Sylvan Drive as a supplementary access to the Bies Drive—Westside Manor neighborhood. A City water main also traverses this platted roadway so that, even if vacated, the full street width could not be used for building purposes. The Commission has recommended that the portion of the Miller's petition requesting that vacation be denied. The petitioner's intent in seeking zoning for multiple -residence pur- poses was clarified in discussions with the Commission. The Com- mission and petitioners have ex- pressed a preference for imple- mentation of the land -use and traffic plan developed in 1974 in response to the Klauer petition for commercial zoning in that area. On advice that the City's present pol- icy provides for R-2 single family residence classification in the Syl- van-Bies Drive area, the CommIs- sion has elected to table the Miller petition. The Commission is concerned that the present land -use policy Adjourned Regular Session, September 2, 1975 453 and street system in that area does not serve the best interests of the area or of the community -at -large. It is the Commission's view that there may have been sone misun- derstanding of the nature and ex. tent of proposed street system and zoning changes that were consid- ered in response to the Klauer peti- tion in 1974, and that several inter. ested parties were not heard at the public hearing on that matter. The Commission therefore has direc,ed its staff to arrange a public meet- ing with neighborhood residents and other interested parties to fur- ther consider development prob- lems and the proposed solutions in the Kebbie•Bies-Sylvan Drive area. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. August 28, 1975 Honorable Mayor and City Council 1 return the petition of Mr. Rick Donath requesting the purchase of Lot 130 on Missouri Street. I recommend that the city retain the lot because of the possibility of extending Ridgeway Avenue. In support of the recommenda- tion I have attached a copy of a letter from Air. Koch and a plat of the area. I have written to the petitioner informing him of this recommenda. tion. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation of denial be approved. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun cilmen Brady, Lundh, Meyers, Stackis. Nays — None. A Honorable Mayor August 28, 1975 and City Council I am returning to you the peti- tion of Wayne Motor Sales for the purchase of a lot in Sears Roe. buck & Co. Subdivision. It is recommended that we do not sell the lot but continue to lease it on a year-to-year basis. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be approved. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Mayor Justmann further moved that the City Manager be instruct- ed to have leases indexed to re- flect a cost of living increase. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. August 28, 1975 Honorable Mayor and City Council I return to you the petition of Mr. Richard Avonarius who re- quested the vacation of a portion of an alley south of Lot 1 -Lot 1 -Lot 11 in Althauser Subdivision. I do not recommend this vaca- tion and request that the petition be denied. I have informed the petitioner of this recommendation. Gilbert D. Chavenelle City Manager Richard Avenarius, petitioner, addressed the Council relative to his request. Lynn Bechen voiced objections to the vacating of said alley. Mayor Justmann moved the Manager's recommendation be sus- tained. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays — Councilman Stackis. August 28, 1975 Honorable Mayor and City Council I have approved the following sidewalk construction bonds for filing approval; and desire to have your approval of same. Michael J. Chapman, Aetna Cas- ualty & Surely dated August 18, 1975, $1,000 Adjourned 454 Regular Session, September 2, 1975 Tri-State Paving Div. of Dubuque Stone Products Co., dated July 29, 1975, $1,000 Gilbert D. Chavenelle City Manager Mayor Justmann moved that fil- ing be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. August 29, 1975 Honorable Mayor and City Council I request permission to install twenty-one 250 watt mercury vapor lights along Central, between 22nd and Diamond Street. The attached letter from Mr. Al - her explains the proposal. The plan was reviewed and recommended by the traffic com- mittee. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the request be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. August 29, 1975 Honorable Mayor and City Council Attached please find a request from Chief Robert N. Dunphy ask- ing that we go to bid on a new Modular Type Ambulance. I respectfully recommend that we approve his request and go to bid as soon as possible. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Notice of Claim of Deloris A. Diedericks, in the amount of $300., for damage incurred as the result of flooding basement of their home at 1870 Carter Court on August 9, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solic. itor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Notice of Suit of Mollie Branden. burg, in the amount of $24,000., vs. City and Dubuque Motor Electric Service for injuries received in a fall as the result of icy condition of sidewalk at 1250 Jackson St., presented and read. Mayor Just - mann moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote. Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Attorney Leo A. McCarthy requesting prompt ac- tion to correct a water drainage situation affecting Merle W. & Luella I. Puhrman at 2769 Uni- versity Avenue, presented and read.. Mayor Justmann moved that the communication be referred to the City Solicitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. August 18, 1975 Honorable Mayor and City Council An ordinance providing 2 hour parking on the west side of Maple Street, between East 17th and East 18th Streets, is being brought to you for consideration. I have attached a copy of a let- ter from Chief O'Brien in which he explains the purpose of the 2 hour regulation. I recommend the ordinance. Gilbert D. Chavenelle City Manager Mayer Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Adjourned Regular Session, September 4, 1975 455 ORDINANCE NO. 37.75 An Ordinance Amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Subsec- tion 14 of Section A of Schedule IV thereof and enacting a new Subsection 14 of Section A of Schedule IV in lieu thereof to limit parking of motor vehicles on streets hereinafter designated, presented and read. Mayor Justmann 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 Justmann Coun- cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. Mayor Justmann moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. ORDINANCE NO. 37-73 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE, IOWA" AS AMENDED BY RE- PEALING SUBSECTION 14 OF SEC- TION A OF SCHEDULE IV THERE- OF AND ENACTING A NEW SUB. SECTION 14 OF SECTION A OF SCHEDULE IV IN LIEU THEREOF TO LIMIT PARKING OF MOTOR VEHICLES ON STREETS 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 Subsection 14 of Section A of Schedule IV thereof and enacting a new Subsection 14 of Sec- tion A to Schedule IV in lieu thereof as follows: "Schedule IV -- A. The following streets or portions are designated as two hour time sones. 14. West side of Maple Street from East 17th Street to East 18th Street. Passed. adopted and approved this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of Septem- ber 1971. Leo F. Frommelt City Clerk It 9,1 Mayor Justmann moved final adoption of the Ordinance. Sec. onded by Councilman Lundh. Car. ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. ORDINANCE NO. 38-75 VACATING A CERTAIN ALLEY IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA, presented and read. Mayor Justmann moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Meyers. Car- ried by the following vote:........ Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Mayor Justmann moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. ORDINANCE NO. 38.75 VACATING A CERTAIN ALLEY IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan and Capital Grant Contract for the un- dertaking of the Downtown Urban Re- newal Proiect, Iowa R-11; and WHEREAS, the City of Dubuque, pur- suant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occupants, demolished and removed site improvements, and has otherwise pre- pared certain land for reuse purposes; and WHEREAS, in order to depose of said land for redevelopment in accord and with said Urban Renewal Plan, it is neces- sary that a certain alley in the Urban Re- newal Project Area be vacated; and WHEREAS, the Planning and Zoning Commission of the City of Dvbuque, Iowa, has recommended the vacation of the said alley in the City of Dubuque,as said alley is no longer needed for a public right-of-way purpose; now therefore Adjourned 458 Regular Session, September 3, 1975 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: SECTION I. That that part of an orig- inal public alley in the City of Dubuque, Iowa, commencing at the northeasterly corner of City Lot 96, being the point of beginning, thence North 67 degrees 52' East 30 feet along the southeasterly street line of West Fifth Street, thence South 22 degrees 30' East 257.971 feet along the southeasterly alley line to the northwester- ly street line of West Fourth Street, thence South 67 degrees 50' West 30 feet along the northwesterly street line of West Fourth Street, thence North 22 degrees 30' West 258.0 feet along the northwesterly alley line to the point of beginning, be and the same is hereby vacated. SECTION 2. That the City Clerk be and he is hereby authoriud and directed to file a copy of this Ordinance in the Officc of the County Recorder in and for Du- buque County, Iowa. Passed, approved and adopted this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of Sep- tember 1975. Leo F. Frommelt City Clerk It 9-5 Mayor Justmann moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 318.75 APPROVING A PLAT OF A VA. CATED ALLEY IN THE DOWN- TOWN URBAN RENEWAL PRO. JECT AREA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project has vacated a certain alley to prepare land for reuse purposes; and WHEREAS, a lot subdividing a vacated alley into City Lot 96 "A" in the City of Dubuque, Iowa has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zon. ing Commission of the City of Du. buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the plat dated July 22, 1975, subdividing a va. cated alley into City Lot 96 "A" in the City of Dubuque, Iowa, by Carl F. Bartels, a licensed Profes. sional Civil Engineer and Land Surveyor, be and the same is here. by approved. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa. Passed, approved and adopted this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays — None. August 28, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lot 1 and Lot 2 of Block 15 in "Dubuque Downtown Plaza" in the City of Dubuque, Iowa. The above describ- ed property lies within the block Adjourned Regular Session, September 2, 1975 457 bounded by Fourth Street, Fifth Street, Main Street and Locust Street. The City Planning and Zoning Commission has approved the final plat, and recommends the approval of the City Council. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 319-75 APPROVING A PLAT IN DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking; of the Downtown Urban Renewal Project, Iowa 11-15; and WHEREAS, the City of Dubuque, Pursuant to the Urban Renewal Plan for said Project, has acquired real estate, relocated site occu pants, demolished and removed site improvements, and has other• wise prepared certain land for re- use purposes; and WHEREAS, a plat of Lot 1 and Lot 2 each in Block 15 in Dubuque Downtown Plaza being comprised and made up of City Lot 65, City Lot 65a, City Lot 66, City Lot 67, City Lot 68, City Lot 96 "A", City Lot 93, City Lot 94, City Lot 95, and City Lot 96, each in the City of Dubuque, Iowa, has been exam- ined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zon- ing Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon; and WHEREAS, said plat conforms to the laws of the State of Iowa. and the ordinances of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the plat of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated July 22, 1975, by Carl F. Bartels, a licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approv- ed. pproved. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk he and he is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County. Iowa, and in the Office of the City Assessor in and for the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Proof of Publication, certified to by the Publisher, of Legal Notice of Bearing for the purchase of Urban Renewal land to Dubuque Five Flags Center Funds, present- ed and read. Councilman Meyers 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, Meyers, Stackis. Nays — None. Adjourned 458 Regular Session, September al, 1975 RESOLUTION NO. 320.75 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVEL- OPMENT WITH DUBUQUE FIVE FLAGS CENTER FUND WHEREAS, pursuant to Resolu- tion No. 236-75 dated June 23, 1975, i.nd a Notice of Public Hear- ing published in the Telegraph Herald, a newspaper of general circulation in the City of Dubu- que, Iowa, on July 31, 1975, and August 7, 1975, City Council met on September 2, 1975, at 7:30 o'clock P.M., Central Daylight Time, in the City Council Cham- bers, City Hall, Dubuque, Iowa to consider the proposal to dispose of the interest of the City of Du- buque to Disposition Parcels 11-1, 11-2, 11-3 (includes 114), 11-5, 11-7 (includes 11-6) and 11.8 in the Downtown Urban Renewal Project, Iowa R-15, legally described as Lot 1 and Lot 2 in Block 15 in Du- buque Downtown Plaza, to Du- buque Five Flags Center Fund; and WHEREAS, pursuant to said resolution a copy of the Redevel- oper's Statement for Public Dis- closure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placea on file in the office of the City Clerk for public inspection; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Dubuque Five Flags Center Fund now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA SECTION 1. That the Mayor and the City Clerk be and they are hereby authorized to enter into a Contract for Sale of Land and Private Redevelopment in accord. ance with the terms of the Disposi- tion Documents governing such sale with Dubuque Five Flags Cen- ter Fund for the real estate known as Disposition Parcels 11.1, 11-2, 11-3 (includes 11-4), 11.5, 11.7 (in. eludes 11-6) and 11-8 in the Down- town Urban Renewal Project, Iowa R-15, legally described as Lot 1 and Lot 2 in Block 15 in Dubuque Downtown Plaza, to Dubuque Five Flags Center Fund. SECTION 2. That said parcels of real estate shall be sold on the following basis subject to final sur. vey of the land to be sold. Dis- Date of Lot position Unit Delivery No. Parcel No. Price of Deed 1 11-1 $32,391.90 Immediately 11-2 19,531.90 11-3(11-4) 50,230.01 Theater 4,379.24 $106,533.05 Total 2 11-5 $ 17.605.28 Eighteen 11-7(11-6) 45,287.64 mos. after 11-8 29,129.70 delivery of deed to Lot 1 $ 92,085.62 Total Passed, approved, and adopted this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved adop• tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Proof of Publication, certified to by the Publisher, of Actual Use Re- port, General Revenue Sharing, showing actual expenditures from July 1, 1974 to June 30, 1975, pre- sented and read. Councilman Stack - is moved that the proof of publica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Proof of Publication, certified to by the Publisher, of Amendment of the Current Budget ending June 30, 1976, presented and read. Coun- cilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Adjourned Regular Session, Septembera, 1975 459 Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lindh, Meyers, Stackis. RESOLUTION NO. 321.75 A RESOLUTION AMENDING THE CIRRENT BUDGET FOR THE FISCAI. YEAR ENDING JUNE 30, 1976 AS AMENDED LAST ON 1st amendment 19 .) se It Resolved by the Council of the City of Dubuque, Iowa: Section 1, Following notice pub- lished August 7, 1975 and the pub- lic hearing held September 2, 1975, the current budget (as previously amended) is amended as set out herein. Section 2. The cash balances and revenue estimates are amended as follows: Fund—General New available balance $ 371,403 New Wal revenue estimate $5,568,577 Revenue Sharing New available balance $ 50,774 New total revenue estimate $1,080,274 Section 3. The following changes (transfers of appropriations be- tween programs, and increases in total appropriations) are hereby authorized: Change Program Appropriation Home and Community Environ ment (or) from $8,607,311 to $8,731,134 Policy & Administration from$1,031,216 to $1,041,216 Passed this 2nd day of Septem- ber, 1975. C. Robert Justmann Mayor James E, Brady Alvin E. Lundh Donald R. Meyers Emil Stackis Councilmen ATTEST: Leo F. Frommel) City Clerk Councilman Stackis moved adop tion of the resolution, Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 322.75 WIIFREAS, there has been deliv- ered to the City Council of the City of Dubuque, Iowa, a Grant of Easement, dated August 21, 1975, wherein Gus Papke, alk/a August J. Papke, a/k,'a August Papke agrees to grant a perpetual right. of -way and easement in, over, across and under real estate de- scribed as: Lot 1-1.1.1.1.1.1-2-1-4 of Min- eral Lot 501 in Township 88 North, Range 2 East of the 5th P.M. in Table Mound Town. ship, Dubuque County, Iowa for the City of Dubuque, Iowa to construct and maintain a sanitary sewer line and that said Grant of Easement is given for the sum of $2200.00 of which amount $2000.00 is for the easement for the twenty (20) foot sanitary sewer line and $200.00 is for the estimated amount of damages to crops: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of Grant of Easement, copy of which is at- tached hereto by Gus Papke, a/k/a August J. Papke, a/k/a August Papke granting to the City of Dubuque, Iowa a perpetual twenty (20) foot wide easement, in, over, across and under the above described real estate together with right of ingrees thereto and egress therefrom to construct and main- tain a sanitary sewer line and to- gether with a temporary 50 feet construction easement during the period of construction of said san- itary sewer line, be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to file a certified copy of said Grant of Easement in the rec- ords of the Recorder of Dubuque County, Iowa. Passed, approved and adopted this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk 460 Adjourned Regular Session, September 2, 1975 Councilman Meyers moved adop• tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen, Brady, Lundh, Meyers, Stackis. Nays—None. August 29, 1975 Honorable Mayor and City Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lots 1 through 12 of Block 6 in "Sunset Park Subdivision No. 3" in the City of Dubuque, Iowa. The above de- scribed property lies on the west- erly extension of Keystone Drive and north of Hempstead High School. The Commission has determined that the plat conforms to the approved preliminary plat of this area and meets the requirements of the Subdivision Ordinance. It is the recommendation of the Com- mission that the plat be approved as submitted. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 323.75 RESOLUTION APPROVING THE PLAT OF LOTS 1 - 12, INCLUSIVE, BLOCK NO. 6; ALL IN SUNSET PARK SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat in which: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the East One Half of the Southwest One Quarter, Sec- tion 21, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, is platted as Lots 1- 12, inclusive, Block No. 6, all in Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa, by Schiltz Development Corpora• tion as Owner thereof; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and approved by said body; and WMREA.S, upon said plat ap. pears streets to be known as Key. stone Drive, and also easements for public utilities which the Own- er upon said plat has dedicated to the public forever; and WHEREAS, said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating thereto except that the streets have not been reduced to grade or paving, sewer, water, or sidewalks installed therein; NOW THEREORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Keystone Drive together with the easements for public utilities all as the same appears upon said plat; be and the same are hereby accepted and that said streets be and are hereby established as pub- lic streets in the City of Dubuque; Section 2. That the plat of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the East One Half of the South- west One Quarter, Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, and which will hereafter be known as Lots 1 - 12 inclusive of Block No. 6; all in Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque upon said plat providing the Owner of said property, hereinbefore named, executes written accept- ance hereto attached, agreeing: a. To reduce Keystone Drive to grade as shown by the profiles submitted with the plat. b. To surface Keystone Drive a width of 30 feet with asphaltic concrete pavement 8" stone base with integral curb and gutter. All of the foregoing shall be constructed according to the lat- est City of Dubuque Specifica- tions. e. To install sidewalks on both sides of Keystone Drive in ae- Adjourned Regular Session, September Z 1975 461 cordance with the City of Du- buque Standard Specifications for Permanent Sidewalks. d. To install water mains in accord- ance with plans submitted with this plat. e. To install sanitary sewers in ac- cordance with plans submitted with this plat. f. To install storm sewers in ac- cordance with plans submitted with this plat. g, To install the sanitary sewer and water house laterals for each lot to behind the property line. h.To construct the foregoing im- provements in accordance with plans and specifications approv- ed by the City Manager and un- der the inspection of the City Engineer. i. To maintain all street improve- ments and sewer and water mains for a period of four (4) years from the date of its ac- ceptance. j. To construct said improvements prior to November 30, 1976. k. To prove the foregoing construc- tion and maintenance at the ex- pense of the Owner. and further provided that the Schiltz Development Corporation as Owner of said Subdivision se- cure the performance of the fore- going 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 Schiltz Development Corporation shall fail to execute the acceptable and provide security provided for in Section 2 hereof within forty- five (45) days from the date of this Resolution the provisions here- of 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 recorded roll call vote this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald It. Meyers ATTEST: Councilmen Leo F. Frommelt City Clerk To: Leo F. Frommelt - City Clerk This is to certify that the secur. ity required f or the foregoing Resolution No. 323.75 — has been provided by the Owner. Dubuque, Iowa October 17, 1975 /s/ Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 323.75 Schiltz Development Corporation, having read the terms and condi. tions of the foregoing Resolution No. 323-75 and being familiar with the contents thereof, hereby ae. cepts the same and agrees to per- form the conditions therein re- quired. Schiltz Development Corporation L, J. Schiltz President Harriet M. Graham Secretary Dated Oct. 14, 1975 Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Steve Bardon et al (176 signers) stating that if Petrak- is Ball Park "Home of the Pack- ers" be rebuilt on City Island it would generate larger crowds and produce more revenue for the City, presented and read. Mayor Just - mann moved that the petition be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 32475 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 followiing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Emma Margaret Scherer, 1187 Iowa Sweet CLASS "C" BEER PERMIT Ralph J. Grabow, Oky Doky #14, lo5o University Ave. Adjourned 462 Regular Session, September R, 1975 Passed, adopted and approved this 2nd day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 325.75 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 following named applicants a Beer Permit. CLASS "B" BEER PERMIT Emma Margaret Scherer, 1187 Iowa Street CLASS "C" BEER PERMIT Ralph J. Grabow, Oky Doky #14, 1050 University Avenue Passed, adopted and approved this 2nd day of September 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 326-75 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 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 "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE Topeka Inn Management, Inc., Hol- iday Inn of Dubuque (also Sun- day Sales), 1111 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas, Sfikas Buffet, 926 Main Street Passed, adopted and approved this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers i Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the: resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 327.75 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 issued to the following named applicants a Liquor License. Adjourned Regular Session, September 3, 1975 463 CLASS "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE j Topeka Inn Management, Inc., Hol- iday Inn of Dubuque (also Sun- dae Sales), Illi Lodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas, Sfikas Buffet, 926 iltain Street Passed, adopted and approved this 2nd day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. Nays — None. Leo F. Frommelt City Clerk Approved January 5, 1976 Adopted January 5, 1976 City Clerk 484 Special Session, September 8, 1975 CITY COUNCIL OFFICIAL Special Session, September 8, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, 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 CONDUCTING A PUBLIC HEARING ON THE FOURTH STREET PENINSULA GRUEN RE- PORT and acting upon such other business as may properly come be- fore a regular Meeting of the Council. Communication of Dubuque Dock Commission submitting resolution endorsing Victor Gruen proposal with modifications and take under advisement the passing of a Coun- cil resolution concurring with the Commission's decision, presented and read. Mayor Justmann mov- ed that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Director of Recreation addressed to the Dock Commission submitting comments relative to Petrakis Park and Park around the Shot Tower, 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 JustmanniCoun- cilmen Brady, Lundh, 1eyers, Stackis. Nays — None. Communication of Dock Board submitting minutes of their meet- ing of September 3, 1975 indicat- ing the presence of a substantial number of firms in the 4th Street Peninsula Area, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Council- man Stackis. Carried by the fol. lowing vote: Yeas — Mayor Justmann. Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dock Board submitting estimates of various costs as furnished by the Planning Department of the City, 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, Coun. cilmen Brady, Lundh, Stackis, Mey. ers. Nays — None. Communications sent to Dock Commission opposing the Fourth Street Peninsula Area for various reasons from Kretschmer Tredway, Mississippi Valley Truck Center, Inc., Morrison Bros., The Adams Company, E. J. Voggenthaler Co., and Fischer Companies, presented and read. Mayor Justmann moved that the communications be receiv- ed and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Mayor Justmann 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Allan Carew, representing Ad- ams Company, Kretschmer Tred- way, and Morrison Bros., addressed the Council stating the following: They are concerned about the over- all plan by Victor Gruen and Dock Commission; Clients feel that two members of the Dock Commission do not seem to listen; Gruen's #1 problem is appearance; No detailed program of cost has been submit- ted and Area C has 200 acres of land that needs to be developed— Money could be better spent; Ad- ams Co. want and need 8 acres for themselves; Cost will not be justi- fied to have small parks and rela- tively small industrial area; A Special Session, September 8, 1975 487 committee should be appointed by the Council to work with property owners and the City; Proposal sub mitted by Gruen does not repre- sent a fair plan for the area; Request referral of Gruen Report and Dock Board Resolution. Fran- cis O'Connor stated as being con- fused to plan; For 15 acres Indus- trial land would figure $100,000 per acre; See Page 11 of Gruen report; Property owners are not in favor of proposals. Robert Bertsch, Attorney, representing Thruput and Pickett Brewery stated Con- cept with respect to 4th Street Area; Area should be developed with private Capital; Would like to submit plans to the City. Dan Dittemore, City Planner, ad dressed the Council as being in favor of the proposals. Wm. Wood. ward, representative of the Dock Board, stated plan should be de- veloped and direction should be given; Phase 2 & Phase 3 for later consideration. Bob Dorothy read the following statement into the record. Dubuque Area Industrial Devel- opment Corporation (DAIDC) en- dorses the general concept of the Dock Commission's 4th Street Plan for the following reasons: 1. The increased need for indus- trial sites within or near the City of Dubuque is now beyond dis- pute. In 1962 land available for industrial development at Dubu- que's Industrial Park totaled 200 acres. Today, only 11 acres remain to be developed. The need for ad- ditional tax base and employment opportunities in Dubuque is great- er than it has been since 1955, the year Dubuque taxpayers gave ap- proval to the $2,000,000 bond issue to develop the Dubuque Industrial Park. Those bonds are now paid off. 2. The installation of the Dubu- que Flood Wall has sharply in creased the potential for attracting industrial prospects. Failure to fur- ther improve the 4th Street Area would be losing an excellent oppor- tunity to make the best of what Dubuque has to offer in the nar- rowly limited industrial develop- ment sites now available or plan- ned. 3. Among Dubuque's urgent con- cerns for better transportation, the streets in the 4th Street Area rate near the top in priority of those needing improvement. With con- struction costs increasing each year at an average rate of 10%, an obvious case can be made for undertaking these street improve- ments soon. The general street layout proposed by Victor Gruen for the 4th Street Program appears to be sound and consistent with medium to long range planning. 4. The inadequate street lighting in the 4th Street Area can best be recognized by comparison with the modern lighting along Kerper Boulevard in Dubuque's industrial Park. For reasons of safety and attractiveness, and quite possibly, lower insurance rates, Dubuque in- dustries in the 4th Street peninsula should draw benefit from the pro- posed lighting plan. 5. Other amenities recommended by the Gruen Plan include the plantings of trees and shrubs, all of which will further enhance the area's attractiveness, at a very low proportionate cost. Finally, DAIDC recognizes the importance of the 4th Street Pen- insula redevelopment and also the need for a good plan to bring about the goals stated herein. On one hand the DAIDC receives al- most weekly requests for industrial sites of the type found in the 4th Street Area; on the other hand we recognize the land use rights of private property owners. So we urge all parties involved to exercise discretion and coopera- tion in the phasing of this plan to the best interests of the total com- munity. Wayne Moldenhauer, member of the Dock Board, stated Mainten- ance Costs should be considered; Drainage, sanitary sewers, etc.; First Phase should be 7th Street. DOCK COMMISSION RESOLUTION NO. 9.3.75 A RESOLUTION RECOMMENDING CERTAIN IMPROVEMENTS AS PHASE 1 OF A COMPREHENSIVE DEVELOPMENT PROGRAM FOR THE EAST FOURTH STREET PENINSULA AREA Wilkl]( ,AS, the City of Dubuque Board of Dock Commissioners has viewed the final report of Victor Gruen Associates for an Fast Fourth Street Development Study; and 466 Special Session, September 8, 1975 WHEREAS, the intent of the City of Dubuque Board of Dock Commissioners in undertaking said study was to acknowledge that the area has not achieved its highest and best use, commensurate with improved conditions in its vicinity mainly, the new floodwall; and WHEREAS, change is a constant process affecting all parts of a growing community, and it has been the intent of the study to an- ticipate beneficial changes that could occur in the area and to create a framework for hastening the pace of those changes and im- provements toward desirable objec- tives; and WHEREAS, the Board of Dock Commissioners recognizes the ob- jections and oppositions of area property owners to certain features of the study recommendations, but that it must also recognize that initiation of an improvement pro- cess is appropriate at this time; NOW THEREFORE BE IT RE- SOLVED BY THE CITY OF DU- BUQUE BOARD OF DOCK COM- MISSIONERS, Section 1. That a Phase I Pro- gram of Improvement pursuant to the East Fourth Street Study is hereby adopted, except as follows: A. The park area in the Iee Harbor frontage area as proposed in the Gruen report have as the eastern boundary 6' east of the freight house running easterly to the freight house, westerly boundary including, if possible, the consolidation or elimination of the B. N. track area, acquisi- tion of the freight house, ac- quisition, if possible, of the B. N. Terminal Building, extend- ing the lip of the harbor around 75' into the harbor water through use of fill. The bound- aries on the north shall be Third Street, west side the pre- ent rail tracks, B. N. and I. C., southern boundary, the harbor perimeter. The requirement of additional pumping abilities that might be required through changes in harbor dimensions and capacity must be noted. B. Commit the remainder of rev- enue sharing allocated to the Dock Commission for the devel- opment of a park on Fourth Street Peninsular area, the Ice Harbor frontage area and the Commission attempt to secure the $100,000.00 contribution tendered the City privately for park development in the area, C. Second priority of the Commis. sion development changes be devoted to the lighting and planning a park area around the Shot Tower and that the Commission work with the Pills. bury Company to develop a park area around Dove Harbor and that the promentory look out be restored with possibly Pillsbury Company's help to defray expenses. D. The question of the relocation of Petrakis Park be deferred until further study of the Fourth Street Peninsular arca is completed but that further capital improvements to the ball park be deferred also. E. The remaining recreational por- tion of the Fourth Street Study be evaluated periodically for updating and change. F. Vacate streets where street casements are occupied by pri- vate industry. Direct in vaca• tion that monetary return be given for street vacations and screening by logging companies be required. G. Affirm the beautification pro- gram of the Victor Gruen Plan devoting priority to the beauti- fication of the Seventh Street area, develop and pave Seventh Street, initiate a lighting pro- gram in the area; provide: for storm sewers to serve the area. Section 2. That the City of Du- buque Board of Dock Commission- ers hereby request the City Coun- cil of the City of Dubuque adopt a concurring resolution and that implementation of the proposals agreed hereto by the said Board of Dock Commissioners begin immedi- ately. Passed, approved, adopted this 3rd day of September 1975, by City of Dubuque Board of Dock Com- missioners. William Woodward, Chairman Pr, Wayne A. Moldenhauer, Secretary ATTEST: Wayne A. Moldenhauer Secretary Councilman Brady moved that the resolution be received and Special Session, September 8, 1975 4677 made a matter of record and the property owners in the 4th Street Area be given a 60 day period in which to prepare alternative pro- posals to the Victor Gruen 4th Street Peninsula study including goals, remedies and plans that will result in the improvement of the area and fuller utilization of the area; and that the City Staff assist the study group; and further moved that the Dock Commission recom. mendations, and the Victor Gruen study be delayed by the Council for that period of 60 days, and that final decision to implement those plans made by the Council after the analysis of the property own ers study revisions, but that the Council go on record as being in agreement with B -C -D -E steps of Dock Board Resolution 9-3.75 and that the City Staff take all neces- sary and immediate action to en- force all applicable building codes and health situations in the area. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. COUNCIL RECESSED AT 9:25 P.M. RECONVENED AT 9:35 P.M. Communication of Wayne Nor- man in support of the 4th Street Peninsula Plan, especially a new harbor front park at the end of Second Street to include an ex- cursion boat dock, park and walk- way, possibly acquire the Sgt. Floyd, presented and read. Mayor Justmann moved that the com- munication be referred to the Dock Commission. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dock Commis- sion submitting minutes of their meeting of August 27, 1975, pre- sented and read. Mayor Justmann moved that the minutes be receiv- ed and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Verbal request submitted by the Mayor for Donna Sue Peck to sub. mit a report and request for the Benefit of the Summer Symphony, presented for consideration. Donna Sue Peck made an appeal to the Council for funds, to pay participants in the Orchestra to provide a more definite commit. ment on the part of the perform. ing Arts to enable them to main. tain a balanced instrumentation and also presented slides of the Summer Orchestra activities. Coun- cilman Stackis moved that the re- port be referred to the City Man- ager for recommendation and re- port. Seconded by Mayor Just. mann. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dubuque Ad- visory Commission submitting recommendations urging the City & County to take appropriate ac. tion to remedy river pollution and shigellosis, presented and read. Mayor Justmann moved that the communication be referred to the City Manager for investigation and report; also refer to Council, and also prepare enabling legislation and status reports. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Playground & Recreation Commission submitting minutes of their meeting of August 11, 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, Meyers, Stackis. Nays — None. Printed Council Proceedings for the months of May and June, 1975, presented for Council approval. Mayor Justmann moved that the proceedings be approved as print- ed. Seconded by Councilman Stack- 488 Special Session, September 8, 1975 ceeds $5.40 per thousand dollars of assessed value. We request approval of the list on those properties not checked in red. Proper applications have been made by these people indicating their good faith that the taxation exempt properties are being used for what they are intended namely agricultural or horticultural pur- poses. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the list be approved and forwarded to the County Auditor. Seconded by councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilman Brady, Lundh, Meyers, Stackis. Nays — None. Mayor Justmann moved that the Matter of Agricultural Land Tax Credits be referred to the City At- torney for report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. ORDINANCE NO. 39-75 AN ORDINANCE VACATING A PORTION OF WINDSOR EX- TENSION, presented and read. Mayor Just - mann moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Mayor Justmann moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays -- None. ORDINANCE NO. 39-75 W11LUAS, un the 28th da%y of Octo- ber, 1949, the Sisters of St. Francis, Du- buque, Iowa dedicated to the City of Dubuque, Iowa a portion of street known as the Extension of Windsor Avenue is. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. September 4, 1975 Honorable Mayor and City Council Please be advised that I have approved the following sidewalk construction bonds for filing and desire to have your approval of same. Robert John Schulte, Merchants Mutual Bonding Co., Bond No. 220671, $1000. dated 9-22-75 Guideline Inc., United Fire & Cas. ualty Co., Bond No. 55.54835, $1000. dated &24-75 Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and fil- ed and filing be approved. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays -- None. Proof of Publication, certified to by the Publisher, of Lists of Claims, Receipts and Expenditures for month of July, 1975, presented and read. Mayor Justmann 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, Meyers, Stackis. Nays — None. September 5, 1975 Honorable Mayor and City Council Attached hereto is the agricul- tural land tax credit list for 1975 as submitted by the City Assessor. This list contains all the proper- ties in the City containing ten acres or more. Those names that are checked in red have not filed and evidently are not eligible for the tax credit. The remainder on the list have fil- ed for their exemption and their names must be filed in the office of the County Auditor prior to September 15th of each year. This is a credit against the tax on each tract of agricultural lands within the school districts in which the levy for the general fund ex - Special Session, September 8, 1975 489 which extends northerly from the widen- ed limits of Davis Avenue as shown on the attached plat, marked Exhibit "A" and by reference made a part hereof; and WHEREAS, the dedication of said pro- posed street was accepted by the City Council; and WHEREAS, it is proposed that said Windsor Avenue as extended will be re- located to conform to existing plans for the development of the area; and WHEREAS, said Windsor Avenue, as extended as shown on the plat dated the 28th day of October, 1949 should be vacated as it no longer serves any public purpose; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has approved the vacation of said Windsor Avenue, as extended, north of Davis Street, as widened. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE. CITY OF DUBUQUE, IOWA: SECTION I. That the street known as Windsor Avenue, extended as shown on the reached plat, marked Exhibit "A" and by reference made a part hereof, which plat is dated the 28th day of Octo- ber, 1949 wherein the Sisters of St. Fran- cis of Dubuque. Iowa dedicated to the City of Dubuque, Iowa by way of Ease- mcnt said property for street purprnes be and the same is hereby vacated as it no longer serves any public purpose and said vacation is made upon material representa- tions that a relocated street will be dedi- cated to the public to serve the area in lieu of the vacated extension of Windsor Av- enue. SECTION 2. That the City Clerk be and he is hereby ordered to cause a certi- fied copy of this Ordinance to be recorded and filed in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James I. 15r2dy Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper chis 2nd day of Octo- ber 1975. Leo F. Fromrtsch 1t 10-2 City Clerk Mayor Justmann moved final ad- option of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun ciltnen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 328.75 WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore passed, adopted and ap- proved Ordinance No. 39-75 vacat- ing Windsor Avenue, as extended, from the northerlymost boundary of Davis Avenue, as widened, as it is no longer needed for public purposes; and WHEREAS, the City Council of the City of Dubuque, Iowa deter- mines that the City should dispose of its interest in said real estate by conveying the same to the Sis- ters of Saint Francis of Dubuque, Iowa; and WHEREAS, a time and place of hearing should be fixed and notice thereof published in accordance with Section 362.3 of the 1975 Code of Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest by the City of Dubuque, Iowa in and to Windsor Avenue, as extended, as shown on a plat, dated October 28, 1949, a copy of which marked Exhibit "A" is here- to attached and by reference made a part hereof, to the Sisters of Saint Francis of Dubuque County, Iowa be and the same is hereby approved and that a public hear- ing thereon be fixed and set for the 29th day of September, 1975 at 7:30 o'clock P.M. in the City Coun- cil Chambers, City Hall, Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby directed to pub- lish notice of intent to dispose of said vacated Windsor Avenue, as extended, to the Sisters of Saint Francis of Dubuque County, Iowa for the sum of One ($1.00) Dollar and costs of publication and that no abstract of title be furnished and conveyance shall be by Quit Claim Deed. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Emil Stackis Donald R. Meyers James E. Brady ATTEST: Councilmen Leo F. Frommelt City Clerk 470 Special Session, September 8, 1975 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 335-75 RESOLUTION SUPPORTING RENOVATION OF LOCKS AND DAM 026 ON THE MISSISSIPPI RIVER AT ALTON, ILLINOIS WHEREAS, the Corps of Engi- neers has presented evidence dem- on;;trating the necessity for reno- vation of Locks and Dam #26 on the Mississippi River at Alton, Illi- nois; and WHEREAS, the City of Dubuque encourages the optimum use of the Mississippi River for recreational, aesthetic and commercial purposes; and WHEREAS, the City of Dubuque does not believe that the renova- tion of the facility will have an adverse environmental impact pro- viding a 9' channel is maintained on the upper Mississippi River; and WHEREAS, commercial water transportation is vital to the indus- trial, commercial and agricultural development of the Upper Missis- sippi Region. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That they support and promote the plan for renovation of Locks and Dam #26 on the Mississippi River at Alton, Illinois. 2.That they approve and endorse the project on the premise that a maximum 9' channel be main- tained on the upper Mississippi River. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. I.unoh Donald R. Meyers Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Mayor Justmann. following vote: Yeas — Mayor cilmen Brady, Stackis. Nays — None. Carried by the Justmann, Coun- Lundh, Meyers, Petition of Louis J. Jaeger, own. er of Cherry Valley Sub., request- ing the installation of two street lights on the extension of Lori Street, presented and read. Coun• cilman Stackis moved that the peti- tion be referred to the City Man- ager and Electrical Inspector for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Dubuque Sertoma Club requesting permission to con- duct their tenth annual light bulb sale for the retarded on September 19th & 20th, presented and read. Councilman Stackis moved that the request be approved and referred to the Manager for implementa- tion. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate on W. 5th Street, presented and read. Mayor Justmann moved that the request be granted. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Dubuque Sports Un- limited, Inc., requesting a refund of $150., on unexpired portion of Class "B" Beer Permit No. B-0895, discontinued business on Septem- ber 4, 1975, presented and read. Councilman Stackis moved that the refund be granted and City Audit- or be directed to issue proper war- rant. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, COUn- cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. Special Session, September 8, 1975 471 September 5, 1975 Honorable Mayor and City Council On July 28, 1975 the City Coun cil authorized the Mayor to sign a letter with the Office of Planning and Programming, State of Iowa, to participate in a CETA, Title II Pro- gram. At that time we notified the Council that we would be review. ing the needs of the various gov- ernmental and nonprofit agencies in the community and would re- turn to the Council requesting authorization to sign a contract with the Office of Planning and Programming. We have contacted a number of governmental and nonprofit agen- cies in the community and have determined that there is an inter- est in the employment of 16 people in the period October 1, 1975 -June 30, 1976. A list of the agencies involved, the respective positions and salaries is attached. The City of Dubuque is not par- ticipating in the application for funds for personnel to be employ- ed by the City under this program. We have been informed that there will be considerable more money available to us under CETA, Title VI, As you know- we now have eight (8) employees on the City program funded under CETA, Title VI. We would propose presenting to the Council, within the next month, a program whereby the City can assist the community in productive utilization of Federal funds available and to alleviate the unemployment situation. At this time we would ask you to authorize the Mayor to sign a contract with the Office of Plan- ning and Programming so that we can proceed with the implementa- tion of the employment of the at tacked list of employees under Title Il. Francis A. Murray Assistant City Manager 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, Meyers, Stackis. Nays — None. RESOLUTION NO. 329.75 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CON. TRACT FOR PUBLIC EMPLOY- MENT WITH THE IOWA STATE OFFICE FOR PLANNING AND PROGRAMMING. WHERF,AS, the Federal Govern- ment has enacted the Comprehen- sive Employment and Training Act Title II and has made funds available to hire unemployed peo- ple; and WHEREAS, the Governor of the State of Iowa, through the Office for Planning and Programming, has designated the City of Dubu- que as a Program Agent, and has allocated funds in the amount of $78,602.00 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 Em- ployment with the Iowa State Of- fice for Planning and Program- ming. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen ATTEST: I.eo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor I undha,nn, Coun- cilmen Brady, Stackis. Nays — None. September 5, 1975 Honorable Mayor and oty Council The use of our downtown park- ing facilities has increased consist- ently since 1970. As periods of full - capacity use became motemore rfrequent began to pa expan- sions in line with the pace of downtown development. 472 Special Session, September 8, 1975 Our principal objective has been to complete the three additional decks on the Iowa Street Ramp, and these plans will be forthcom- ing later in the year. We have found that some adjustments in our parking rates will be necessary to accomplish this, and we hope to briefly review these with you at your meeting. There is one element of our parking improvement program that may be acted upon immediately. Because expansion space in the Iowa Street Ramp cannot be made available for approximately two years, we are recommending ,your favorable consideration of con- struction of an interim 80 -car park- ing lot on Urban Renewal property at Fifth Street adjoining the Ped. estrianway. We are submitting the appropriate Resolutions to initiate this project. Gilbert D. Chavenelle City Manager Councilman Stackis moved that. the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 330.75 Preliminary approval of plans, specifications, form of contract, plat and all other documents, in. eluding all items of material and work required for the improvement of the 5th Street Parking Lot, at an estimated cost of $27,918.96, presented and read. Councilman Stackis moved adoption of the reso- lution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. (Necessity for Improvement) RESOLUTION NO. 331-75 WHEREAS, proposed plans, spec. ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: I. An estimate of the cost of the proposed impovement for the 5th Street Parking Lot BE IT, THEREFORE, RESOLV- ED 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 resolu- tion have on file with the City Clerk objections to the proposed improvement, they shall be deemed to have waived all objections there- 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 Park- ing Fund. The above resolution was intro- duced, approved, and ordered plac- ed on file with the City Clerk this 8th day of September, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved ap- proval of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Stackis. Nays — None. (Fixing Date of Hearing) RESOLUTION NO. 332.75 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contact and placed same on file in the office of the City Clerk for public inspection for the 5th Street. Parking Lot. BE IT THEREFORE RESOLVED that on the 29th day of September Special Session, September 8, 1975 473 1975, a public hearing will be held at 7:30 p.m. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the propos- ed 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 improvement. Passed, adopted and approved this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald It. Meyers 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, Meyers, Stackis. Nays — None. RESOLUTION NO. 333.75 WHEREAS, Gaylord M. Couch- man, former Mayor of Dubuque and former President of Unviersity of Dubuque, departed this life on August 30, 1975; and WHEREAS, Dr. Gaylord M. Couchman was a man of humble and simple outlook; and WHEREAS, Dr. Gaylord M. Couchman was a loyal and con- scientious laborer in the interests of the public good and whose achievements stand as towering monuments to his energy, skill and devotion to the tasks assigned him; and WHEREAS, Dr. Gaylord M. Couchman was an extremely pleas- ant and friendly type of person who quickly made friends and un obstrusively commanded the high- est respect from those who worked with him and those who had any contact with him and that his passing is a deep and profound loss to the community and the sorrow of his passing should be publicly acknowledged; NOW THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the death of Gaylord M. Couchman has cast the shadow of deep and profound sor- row upon the inhabitants of this community and that the City Coun- cil of the City of Dubuque, Iowa publicly goes on record that by reason of his death it has lost an outstanding and devoted public servant. Section 2. That the City Clerk be, and he is, hereby directed to transmit a certified copy hereof to the family of Dr. Gaylord M. Couchman. Section 3. That a copy of this Resolution be spread upon the pub- lic record by the City Clerk. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 334.75 AUTHORIZING THE USE OF URBAN RENEWAL PROJECT LAND FOR TEMPORARY OFF. STREET PARKING PURPOSES WHEREAS. the demand for off. street parking in the Central Busi- ness District of the City of Dubu- que exceeds on numerous occasions the supply available for such use by parking patrons; and Wlii ,REAS 'it is proposed to utilize certain cleared land within the Downtown Urban Renewal Project for temporary off-street parking purposes until such time 474 Special Session, September 8, 1975 as additional permanent parking facilities are developed and made available; and WHEREAS, it is deemed to be in the best interest of the Down- town Urban Renewal Project to provide such temporary parking within the Project Area to accom- modate the present demand and to further facilitate the redevelop- ment of cleared land within the Project Area; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That it is hereby found and determined that the provision of off-street parking on Reuse Parcels 8.4 and 8 5 in the Downtown Urban Renewal Project as a temporary use of such parcels is in the best interest of the City of Dubuque. SECTION 2. That all proceeds' received from the operation of such a parking facility over and above the expenses of maintaining such a temporary parking facil- ity be applied to the reimburse- ment of the City of Dubuque for the cost of installing such a facil- ity. SECTION 3. That at the time the City of Dubuque has been repaid for the installation cost of such parking facility, the proceeds over and above the costs of operations shall inure to the benefit of the Downtown Urban Renewal Project Expenditures account. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R, Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. There being no further business. Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Leo F. Frommelt City Clerk Approved January 5, 1976. Adopted January 5, 1976 City Clerk Special Session, September 15, 1975 475 OTY COMM OFFICIAL Special Session, September 1S, 1975. Council met at 7:30 P.M. (C,D.T.) Present --Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, 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 AD- OPTING A RESOLUTION AUTH- ORIZING THE ISSUANCE OF 41,750,000., of the CITY'S HEALTH CARE FACILITIES FIRST MORT- GAGE REVENUE BONDS (BETH- ANY HOME PROJECT) SERIES 1975 AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT AND OTH- ER MATTERS IN CONNECTION THEREWITH, and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Dubuque County Assn. for Retarded Citi- zens. care of Al Lundh, expressing thanks for contributions made to the building and programs of Al- brecht Acres for the benefit of the retarded, presented and read. Coun- cilman Lundh 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, Meyers, Stackis. Nays — None. Communication of 1J.S. Senator Dick Clark advising of planning a Federal Orientation workshop at Mt. Vernon on November 21 and Indianola November 22 to acquaint public officials with a basic un- derstanding of programs available from the Federal Government pre- sented and read. Councilman Stackis moved that the communica- tion be received and filed. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justnann, Coun- cilmen Brady, Lundh, Mcyers, Stackis. Nays — None. Communication of Transit Man. ager advising that arrangements have been made to provide one A.M. and one Y.M. bus trip on school days beginning Sept. 15, on t,hiras Avenue in response to peti- tion of Walter Pregler etal, pre- sented and read. Councilman Stack. iti moved that the communication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dubuque Tran- sit Board submitting minutes of their meeting of August 6, 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Mary E. Keas of Alexandria, Va., submitting a check in the amount of $100., to the Dubuque Girls Club in memory of her brother, presented and read. Mayor Justmann moved that the communication be received and filed and the City Clerk be auth- orized to deliver the check to the Girls Club. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. Nays — None. Communication of Mayor of City of North Tonawanda, New York, complimenting the Colt .45 Drum & Bugle Corps as being wonderful ambassadors of good will and their behavior was flawless, presented and read. Councilman Lundh mov. ed that the communication be re- ceived and filed and copy sent to the Editor of local newspaper. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Mayor Just - mann, relative to the accessibility of City Hall offices and Council 476 Special Session. September 15, 1975 Chambers to the physically handi- capped, presented and read. Mayor Justmann moved that Council at- tempt to improve accessibility of City 11all to all Citizens by in- stallation of an elevator, improv- ing access at this point. MOTION DIED FOR LACK OF A SECOND. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Councilmen Brady. Lundh, Meyers, Stackis. Nays — Mayor Justmann. September 11, 1975 Honorable Mayor and City Council I am returning to you the peti- tion for street lights on Lori Street. The proposal has been reviewed by the City Electrical Inspector and it is recommended that two 175 watt mercury vapor lights be installed. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and recommendation be approved. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Airport Com- mission submitting minutes of their meeting of September 11, 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Mayor Just - mann requesting an up -date on Metropolitan Solid Waste Agency actions; Landfill bonds for issu. ance Sept. 15, 1975, set date of completion to return phased por- tions of Area "C" for recreational use; estimated date to bond for energy/resource recovery plant, presented and read. Councilman Lundh 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, Meyers. Stackis. Nays — None. Communication of Dubuque Beautification Committee request ing committee support on cash awards; Light in Jefferson Park: Construction of asphalt pad in Al. lison-Henderson Park; Cash grant of $60. to repair lawn mower; Cash grant of $100. to Beautification Committee for ongoing efforts, presented and read. Councilman Brady moved that the communica- tion be referred to Council and re- quest representatives be on the agenda Sept. 9. 1975, with financial audit if available. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dubuque Met- ropolitan Solid Waste Agency sub- mitting minutes of their meetings of June 4, 19, 26, July 9 and 30th; also agenda for meeting of Septem- ber 16, 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. September 5, 1975 Honorable Mayor and City Council Donald J. and Erma P. Burke of 1530 Dodge St., filed claim against the City of Dubuque in the total amount of $415.00 for costs of re- pair to water service line done at the direction of the City Water De- partment. Said claimant claims the leak in the line was on City owned property and resulted from a motor vehicle accident which oc- curred in 1973. This matter was referred to the appropriate City Agency who made an investigation thereof and has reported by letter to the City At- torney of no liability or negligence on the part of the City. In view of the foregoing, it is the recon,- Special Session, September 15, 1975 477 mendation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. September 10, 1979 Honorable Mayor and City Council On April 30. 1975, the City of Dubuque was served with Original Notice in the Iowa District Court, Dubuque County, Small Claim No. 2058, naming the City of Dubuque. Iowa as defendant and Joseph J. Rupp as plaintiff. Plaintiff claimed damages in the amount of $96.82 allegedly arising out of plaintiff's automobile striking a sidewalk drainage cover lying in the street on luras Boulevard. Said action was referred to the City Attorney who asserted said claim against Loras College who has settled with the plaintiff and said action has been dismissed by the plaintiff at plaintiff's costs. all of which was at no cost to the City of Dubuque. Original Notice is returned herewith. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. September 12, 1975 Honorable Mayor and City Council Claim was filed against the City of Dubuque on August 15, 1975 by Matthew Gansemer for his min• or son, David, claiming personal injuries suffered by his son at Flora Park Barn on August 11, 1975 as the result of his son's fall. ing and striking his teeth on a metal chair and injuring same and claiming damages in the amount of $200.00, Said claim was referred to the appropriate City Agency who has made an investigation thereof and has reported no liability or negli- gence on the part of the city. In view of the foregoing, it is the recommendation of the City At- torney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Meyers 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 Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. September 10, 1975 Honorable Mayor and City Council Claim was filed against the City of Dubuque on August 7, 1975 in the amount of $163.05 by Cleon Ehlinger for Vanguard Countertop Inc. claiming that on said date, said damages occurred to his vehicle as the result of striking a dip in the street and thereby a high curb at 11th and Iowa Streets by the Maid -Rite Restaurant and breaking the bumper of his vehicle. This matter was referred to the City Attorney who has made an in- vestigation thereof and has confer- red with the claimant. who has made an offer of settlement in the amount of $90.00. It is the recom mendation that the offer of settle meat by claimant be accepted and that the City Auditer be instructed to draw warrant payable to Van- guard Countertop, Inc. in the amount of $90•oo A Corney transmit for same to the City efor delivery upon receipt of duly cuted releases. Original claim is returned here. with. R. N. Russo City Attorney 478 Special Session, September 15, 1975 Councilman Meyers moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Stackis. Nays — None. Notice of Claim of Joan Kelly, in the amount of $26.92, for personal injuries received as the result of bee sting in the Library Build- ing on August 20, 1975, presented and read. Councilman Lundh mov- ed that the Notice of Claim be re- ferred to the City Solicitor for investigation and report. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Notice of Claim of Mrs. Ken- neth R. Caldwell, in the amount of $223.30, for personal injuries re- ceived in a fall at McAleece Park on July 22, 1975, presented and read. Councilman Lundh moved that the Notice of Claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. September 8, 1975 Honorable Mayor and City Council I submit for your consideration a traffic ordinance requiring vehic- les on Bradley Street to stop at the intersection of Rider Street. In explanation of this ordinance, I a!tach a copy of a letter from Chief O'Brien. Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays — None. ORDINANCE NO. 40.75 AN ORDINANCE AMENDING ORDINANCE NO. 33.49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMEND. ED, BY ADDING A NEW SUB. SECTION 29 OF SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES ON BRADLEY MUST STOP BE. FORE ENTERING THE INTER. SECTION OF RIDER STREET AND BRADLEY STREET, pre. sented and read. Councilman Alever.s moved that the reading just had he considered the first reading of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Coucilman Meyers moved that the rule requiring an Ordinance to be received and filed at two meet- ings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. ORDINANCE NO. 40.75 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE, 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 IN- TERSECTION OF RIDER STREET AND BRADLEY 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, be and the same is hereby amended by enacting a new snb- iection 29 to Section A of Schedule III thereof as follows. "SCHEDULE III A. Eastbound and Westbound vehicles must stop before entering the intersection of: 29. Rider Street and Bradley Street." Special Session, September 15, 1975 479 parsed, approved and adopted this Isth div of September, 1976. G Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Atblished officially in the Telegraph Heald Newspaper this 18th day of Sep- tember 1973. Leo F. Frommclt City Clerk It 9.19 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Merwyn It. Ellis re- questing repair of an alley between .Asbury to Finley Street, alley was ruined last year when University was widened and repaved being used for a detour, presented and read. Councilman Lundh moved that the petition be referred to the City Manager for recommendation and report. Seconded by Council man Stackis. Carried by the fol- lowing vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Dubuque Senior high School requesting permission to hold a homecoming parade on Fri- day, October 3, 1975, presented and read. Councilman Lundh moved that the request be approved sub- ject to approval by the City Man- ager. Seconded by Councilman Brady. Carried by the following vote: Ygas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stadkis. Nays — None. Petition of Dubuque Women's Club requesting permission to block off Alpine Street from W. 3rd to Melrose to conduct their annual Picket Fence Art Show on Sunday, September 21, 1975, pre- sented and read. Councilman Lundh moved that the request be approved subject to approval of the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Rosemary Cronin et al, requesting the installation of a street light at the intersection of Foye Street, Gold Street & Merch- ants Lane, presented and read. Councilman Lundh moved that the petition be referred to the City !Manager for recommendation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Dorothy Haigh et al (46 signers) requesting the instal- lation of two stop signs at south- west and northeast corners of 15th Ar Maple Street (presently only two way stop), presented and read. Councilman Lundh moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Sirloin Stockade re- questing a refund of $75. on unex- pired portion of Cigarette License No. 757, discontinued sales on Sept. 3, 1975, presented and read. Councilman Lundh moved that the refund be granted and City Aud- itor be directed to issue proper warrant. Seconded by an Stackis. Carried by the following VOW yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --- None. Petition of George Sorensen re- questing a refund of $75 on un- expired portion of Cigarette Li- cense No. 758, discontinuedbun ne ss on Sept. 6, 1975, presented and read. Councilman Lundh moved that the refund be granted and City Auditor be directed to issue proper warrant. Seconded by 490 Special Session, September 15, 1975 Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Plays—None. Petition of Hearth Lounge re- questing a refund of $75. on unex- pired portion of Cigarette License No. 722, discontinued business on Sept. 5, 1975, presented and read, Councilman Lundh moved that the refund be granted and City Aud- itor be directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of City Engineer White submitting San Jose Pool Parking Lot and access Sidewalk Project, presented and read. Coun- cilman Stackis moved to defer the Project until after the 1st of the year. Seconded by Councilman Brady. Vote on the motion was as follows: Yeas—Councilmen Brady, Stack - is. Nays — Mayor Justmann, Coun- cilmen Lundh, Meyers. MOTION FAILED. Councilman Lundh moved that the communication of City Engi- neer be received and filed and to proceed with the Project. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers. Nays --Councilmen Brady, Stack - is. RESOLUTION NO. 336-75 Approval of Preliminary esti- mate proposed plans, specifica- tions, form of Contract, plat and all other documents for construc- tion of San Jose Swimming Pool Parking Lot and Access Sidewalk in estimated amount of $22,572.50, presented and read. Councilman Lundh moved adoption of the reso- lution. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers. Nays—Councilmen Brady, Stack - is. (Necessity for Improvement) RESOLUTION NO. 337-75 WHEREAS, proposed plans, spec ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The parking lot and sidewalks to be improved 2. The width of such improve. ment, and the size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. For the San Jose Swimming Pool parking lot and access sidewalk. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the project, they shall be deemed to have waiv- ed all objections thereto. Said improvement shall be con- structed and done in accordince with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Community Development Fund. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of September, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Special Session, September 15, 1975 481 Councilman Lundh moved ap. proval of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers. Nays --Councilmen Brady, Stack - is. (Fixing date of hearing) RESOLUTION NO. 338.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 33875 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of: San Jose swimming pool parking lot and access sidewalk and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 29th day of September 1975, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the first publica- tion shall be not less than ten days before the hearing prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso. lution have on file with the Clerk objections to the project, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such Objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Lundh moved adop. tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers. is. Nays–councilmen Brady, Stack - (Ordering Construction) RESOLUTION NO. 339.75 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 337-75 which was duly passed by this Council, for the San Jose swim- ming pool parking lot and access sidewalk be and the same are hereby ordered 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 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 improvements be paid for out of the community development fund after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 45 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 15th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers ATTEST: Councilmen I.eo F. Frommelt City Clerk 482 Special Session, September 15, 1975 Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Nays --Councilmen Brady, Stack - is. RESOLUTION NO. 340.75 AUTHORIZING PUBLICATION OF NOTICE OF AN ENVIRONMENT- AL REVIEW FINDING FOR THE SAN JOSE SIMMING POOL AND ACCESS WALK WHEREAS, the City of Dubuque under date of May 5, 1975, entered into a Grant Agreement with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City un- der Title I of the Housing and Community Development Act of 1974; and WHEREAS, pursuant to such Agreement, the City proposes to undertake certain projects which require environmental review; and WHEREAS, an environmental review has been processed in ac- cordance with the rules and regula- tions as promulgated by the U.S. Department of Housing and Urban Development for a project identi- fied as the parking lot and access walk for the San Jose Pool at Lor - as College in the City of Dubuque; and WHEREAS, an Environmental Review Committee has after due consideration made a determina- tion that the above identified proj- ect is not a major Federal action significantly affecting the quality of human life; and WHEREAS, the Environmental Review Record for the Project must be made available for public inspection for a specified period of time; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the Project identified as the San Jose Swim- ming Pool Parking Lot and Access Walk, and to make the Environ. mental Review Record for the Project available for public inspec. tion. Such notice shall be in the form of Exhibit "A" attached here. to and made a part hereof. SECTION 2. That the City of Dubuque hereby declares its in- tent to adopt a resolution on Octo. ber 13, 1975, authorizing the sub. mission of a request to the U.S. Department of Housing and Urban Development for the release of funds authorized under Title I of the Housing and Community De. velopment Act of 1974, to under. take the Project. Passed. approved and adopted this 15th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers Councilman ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community De- velopment Block Grant Program, the City of Dubuque has prepared a Notice of Finding of No Signifi- cant Effect on the Environment for a Project identified as the San Jose Swimming Pool Parking Lot and Access Walk to be undertaken under Title I of the Housing and Community Development Act of 1974. The City of Dubuque has found that the Project has no significant effect on the environment based on the following facts and reasons. 1. Assessment of the nature, magnitude, and duration of any adverse and positive im- pacts; 2. Consideration of alternatives to the Project, commitment of resources, known views of local groups, measures which can be instituted to lessen po- tential adverse impacts and to enhance the environment; 3. No loss of unique environment- al resources; 4. No irreversible development trends; 5. A minimum occurrence of ad. verse effects that cannot be avoided; and 6. No impacts on properties pos- sessing historical, archaeologi- cal, architectural, or cultural significance. Special Session, September 15, 1975 483 The City of Dubuque has made an Environmental Review Record for the Project, and has placed this record on file in the office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa. The Environmental Record is avail- able for examination and may be copied between 8:00 A.M. and 5:00 P.M. daily except Saturdays, Sun- days and holidays. No further environmental review of the project is proposed to be conducted, and the City of Dubu- que intends to request the U.S. De- partment of Housing and Urban Development Act of 1974 for the project. Comments may be submitted to the City of Dubuque until 12:00 noon, Friday. October 10, 1975, ad- dressed to C. Robert Justmann, Mayor of the City of Dubuque, City Hall, 13th and Iowa Streets, Dubu- que, Iowa 52001. Dated and Published September 16, 1975. Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Lundh, Meyers. Nays—Councilmen Brady, Stack - is. CITY OF DUBUQUE, IOWA RESOLUTION NO. 341.75 WHEREAS, pursuant to Resolu- tion No. 371-68 adopted August 19, 1968 and Resolution No, 401-68 ad- opted September 16, 1968, the City of Dubuque, Iowa, did, on Septem- ber 16, 1968, convey by quit claim deed the following described prop- erty, to -wit: Lot 2 of Lot 1 of I.ot 1 in Block 6, River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately one- half acre; subject to easements of record and existing easements, together with perpetual ease- ment in, over and across the 30 foot wide strip of Lot 2 of Lot 1 of Block 6 abutting the real es- tate herein conveyed for purpose of ingress and egress, which easement shall not extend be- yond the easterly edge of the railroad right of way easement, to Berwanger Boiler Shop, Inc. for an agreed upon purchase price of $5,274.20, which sum was paid to the City of Dubuque, Iowa; and WHEREAS, on September 16, 1968 a corporation having the name "Frank Berwanger Boiler Shop, Inc." was in existence and through inadvertence of said corporation, the conveyance of said property by the City of Dubuque, Iowa was made to "Berwanger Boiler Shop, Inc." rather than to "Frank Ber. wanger Boiler Shop, Inc.", the in- tended gurantee; and WHEREAS, the corporate exis- tence of Frank Berwanger Boiler Shop, Inc, expired and terminated effective September 23, 1972 and that upon filing of Articles of In- corporation with the State of Iowa a new corporation having the name "Berwanger Boiler Shop, Inc." was duly formed and organized on the 23rd day of September, 1972; and WHEREAS, at the time of said conveyance of September 16, 1968, no such corporation having the name 'Berwanger Boiler Shop, Inc." was in existence; and WHEREAS, Berwanger Boiler Shop, Inc. has now requested that the City of Dubuque, Iowa recon- vey said property to quit claim deed to said corporation in order to remedy any title problems aris- ing from the conveyance of Sep- tember 16, 1968; NOW THEREFORE, BE rr RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Seefion 1. That the application of Berwanger Boiler Shop, Inc., an Iowa corporation, to have the City of Dubuque, Iowa reconvey to said corporation the following describ- ed property, to -wit: Lot 2 of Lot 1 of Lot 1 in Block 6, River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately one- halfacre; subject to easements of record and existing easements, together with perpetual ease- ment in, over and across the 30 foot wide strip of Lot 2 of Lot 1 of Block 6 abutting the real es- tate herein conveyed for pur- pose of ingress and egress, which easement shall not extend beyond the easterly edge of the railroad right of way easement is hereby approved subject to the following terms and conditions: 484 Special Session, September 15, 1975 A. That the consideration for said reconveyance to Berwanger Boiler Shop, Inc. shall be the sum of $5.274.20 previously paid to the City of Dubuque, Iowa, on or about September 16, 1968 and no addi- tional compensation shall be re- quired for said reconveyance. B. That the City of Dubuque grant unto the purchaser a per. petual easement over a portion of the adjoining real estate abutting the property herein described for the purpose of ingress and egress by Berwanger Boiler Shop. Inc. C. That the City of Dubuque re- tain a perpetual easement for exist- ing water lines, existing sanitary sewer and storm lines, and for util- ities, together with the right of ingress and egress to repair, in- spect and maintain the same. D. That all costs of publication of notice incidental to said convey- ance be paid by Berwanger Boiler Shop, Inc. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as requir. ed and in accordance with law. 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, adopted and approved this 15th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. COUNCIL RECESSED AT 9:05 P.M. RECONVENED AT 9:20 P.M. Communication of State of Iowa P u b l i c Employment Relations Board submitting Stipulation Agreement of Bargaining Unit in- cluding Fire Fighters, Fire Equip- ment Operators, Fire Lieutenants, Fire Captains and Fire Marshal, Excluding Civilian Fire Dispatcher, Stenographer. Assistant Fire Chief, Fire Chief and all other persons excluded by Section 4 of the Pub- lic Employment Relations Act, pre. sented and read. Councilman Brady moved that the Bargaining Unit be approved and Mayor be authorized to sign the agreement. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Councilmen Brady, Mey- ers. Stackis. Nays — Mayor Justmann, Coun. cilman Lundh. September 11, 1975 City of Dubuque Attention: Mr. Gilbert D. Chavenelle City Manager Re: Bethany Home Project We have been provided copies of the final bond resolution, together with the documents referred to therein, proposed for adoption at the City Council meeting on Sep- tember 15, 1975. Over the past sev- eral months we have made recom- mendations concerning financial aspects of the basic legal docu- ments and have met with represen- tatives of Bethany, the purchasers and the co -bond counsels. Our sug- gestions have been satisfactorily incorporated into those documents. We have also reviewed the in- terim financing agreement between Bethany Home and the Dubuque Bank & Trust Company which agreement, and provision for same in the basic legal documents, sat- isfies our concern expressed prior to the adoption on May 27, 1975 of the "Resolution Approving Pro- ceeding With the Issuance and Sale . . . ". We have received a draft of the preliminary Official Statement re- ferred to in Section 6 of the bond resolution. We have made tele- phone suggestions to the co -bond counsels regarding clarification of certain portions thereof and upon receipt of the next draft will re- view same. At our suggestion a disclaimer by the City of the ac- curacy or completeness has been incorporated into the Official Statement. In our opinion this financing will not affect the City's future financ- Special Session, September 15, 1975 485 ing abilities or credit rating. We recommend that the bond ordi- nance be adopted. Paul D. Speer & Associates, Inc. Ronald V. Norene Vice President Councilman Stackis moved that the communication be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 342.75 RESOLUTION authorizing the is- suance of $1,750,000 in aggregate principal amount of the City of Dubuque, Iowa Health Care Facil- ities First Mortgage Revenue Bonds (Bethany Home Project) Series 1975, for the purpose of defraying a portion of the cost of acquiring, constructing, improving and equip- ping an addition to certain existing facilities and the partial renova- tion of said existing facilities, all to consist of land, buildings or im- provements which shall be suitable for the use of any voluntary non- profit health care enterprise; the execution and delivery of an In- denture of Trust to secure said Bonds; the execution and delivery of real estate mortgage with the City as mortgagee thereunder as additional security for said Bonds and the assignment by the City to the trustee of the rights and inter. est of the City in and to said real estate mortgage; the execution and delivery of a Loan Agreement be- tween the City and Bethany home: the sale of said Bonds; and related matters. WHEREAS, the City of Dubuque, Iowa (the "City") proposes to issue its Health Care facilities First Mortgage Revenue Bonds (Bethany Home Project) Series 1975 in the aggregate principal amount of $1,750,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the City to Bethany Home, an Iowa nonprofit corporation ("Bethany"), for the Purpose of defraying a portion of the cost of acquiring, constructing, equipping and improving a project consisting of an addition to certain eZisting facilities and the partial renovation of said existing facilit- lea (the "Project'), the Project to be owned by Bethany Rome and to consist of land, buildings or im- provements which shall be suitable for the use of any voluntary non- profit health care enterprise un- der the Act (as hereinafter defin- ed), with the financing of the Proj- ect to be undertaken in accord- ance with the provisions of Chap- ter 419 of the Code of Iowa, 1975, as amended (the "Act"); and WHEREAS, pursuant to publish- ed notice of intention this City Council has conducted a public bearing, as required by Section 419.9 of the Act, and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arrang- ed for the sale of the Bonds to Dain, Kalman & Quail, Incorporat- ed and Shaw, McDermott & Co. (the "Underwriters"); and WHEREAS, there has been pre- sented to this meeting the follow- ing documents, which the City pro- poses to enter into: 1. The form of Loan Agreement, dated as of September 1, 1975 (the "Loan Agreement"), between the City and Bethany; 2. The form of Indenture of Trust dated as of September 1, 1975 (the "Indenture"), between the City and Dubuque Bank & Trust Company, as trustee there- under (the "Trustee"), setting forth the terms of the Bonds (including, without limitation, the maturity dates, rates of interest and re- demption provisions) and the con- ditions and security for the Bonds; 3. A letter dated April 15, 1975 (the "Letter') from the Underwrit- ers to Bethany relating to the issu- ance and purchase of the Bonds; 4. The form of Real Estate Mort- gage (the "Mortgage') dated as of September 11 1975 between Beth. any, as Mortgagor, and the City, as Mortgagee, and the Assignment of Real Estate Mortgage dated as of September 1, 1975 (the "Assign- ment') pursuant to which the City assigns its rights and interest in the Mortgage (which Mortgage con. veys to the City a mortgage lien in the existing facilities of Beth- any and the Project) to the Trustee for additional security for the Bonds; and 5. The form of the Bonds, as set forth in the Indenture. 486 Special Session, September 15, 1975 WHEREAS, it appears that each of the instruments above referred to, which are now before each of the councilmen of the City Council, is in appropriate form and is an appropriate instrument for the pur- poses intended; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the City defray a portion of the cost of acquiring, constructing, improving and equip- ping the Project by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Bethany. Section 2. That in order to de- fray a portion of the cost of ac- quiring, constructing, equipping and improving the Project, the is- suance of the Bonds in the princi- pal amount of $1,750,000, matur- ing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substan- tially the form and content set forth in the Indenture now before this meeting, subject to appropri- ate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby is in all respects authorized, ap- proved and confirmed, and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same here. by is in all respects authorized, ap- proved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, em- powered and directed to execute, whether by manual or facsimile signatures, impress the official seal of the City (or cause to have printed a facsimile thereof) there- on and deliver for and on behalf of the City the Bonds and any coupons attached thereto to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Inden- ture with respect to the Bonds (in- cluding without limitation the ma- turity dates, rates of interest and redemption provisions) be and the same hereby are authorized, ap- proved and confirmed and are in- corporated herein by reference. Section 3. That the City loan to Bethany the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Bethany of such loan in an amount equal to prin. cipal of and premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provi- sions of which are incorporated herein by reference, be and the same hereby is in all respects auth. orized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to exe- cute, attest, seal and deliver the Loan Agreement prior to or simul. taneously with the issuance of the Bonds for and on behalf of the City, including necessary counter- parts in substantially the form and content now before this meeting but with such changes, modifica- tions, additions or deletions there- in as shall to them seem necessary, desirable or appropriate, their exe. cution thereof to constitute con- clusive evidence of their approval of any and all changes, modifica- tions, additions or deletions there- in from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and direct- ed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. Section 4. That the form and con- tent of the Indenture, the provi- sions of which are incorporated herein by reference, and the as- signment of the City's rights and interest in and to the Loan Agree- ment (with certain exceptions as stated in the Indenture) and in the Gross Receipts, as term is defined in Article I of the Loan Agreement, pursuant thereto, and the form and content of the Mortgage and the Assignment, and the assignment of the City's rights and interest in the Mortgage pursuant to the In- denture and the Assignment, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and direct- ed to execute, attest, seal and de- liver the Indenture, the Mortgage and the Assignment for and on be- half of the City to the Trustee for Special Session, September 15, 1975 497 the security of the Bonds and the interest thereon, including neces- sary counterparts in substantially the form and content now before this meeting but with such chang- es, modifications, additions and de. letions therein as shall to them seem necessary, desirable of ap- propriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture, the Mortgage and the Assignment now before this meeting, and that from and after the execution and deliv- ery of the Indenture, the 'Mort- gage and the Assignment, the May- or and the City Clerk are hereby authorized, empowered and direct- ed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture, the Mortgage and the Assignment as executed. Section S. That the sale of the Bonds to the Underwriters at the purchase price of 100% of the par value thereof plus accrued interest to date of delivery, subject to the terms and conditions set forth in the Letter, is hereby authorized, approved and confirmed, and the form and content of the Letter be and the same hereby is in all re- spects authorized, approved and confirmed Section 6. That the use by the Underwriters of a preliminary of- ficial statement and a final offic- ial statement in connection with the sale of the Bonds is hereby au- thorized and approved; provided, such authorization and approval shall not be deemed to include au- thorization and approval of infor- mation contained in the prelim- inary official statement or final official statement, but nothing con- tained in this Resolution shall be construed as prohibiting or limit. ing the Underwriters from includ- ing any such information as they deem appropriate. Section 7. That the Mayor and the City Clerk of the City be and they hereby are authorized to exe- cute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and Perform all other acts (including without limitation the filing of any financing state- ments or other documents to create and maintain a security interest on the properties and revenues Pledged or assigned under the In. denture and the Assignment and the execution of all closing docu- ments as may be required by Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smith and Messrs. Kutak, Rock, Cohen, Campbell, Garfinkle & Woodward, as Co -Bond Counsel, and the acceptance of any docu- mentation evidencing indemnifica- tion of the City by Bethany in con. nection with the transactions con- templated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 8. That the Loan Agree- ment requires Bethany in each year to pay amounts as loan pay- ments sufficient to pay the princi- pal of and premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Bethany to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. It is hereby deemed advisable to establish in connection with the retirement of the Bonds the Debt Service Reserve Fond pursuant to and in accordance with provisions of the Indenture. Section 9. That the Bonds are limited obligations of the City. payable solely out of the loan Pay- ments required to be paid by Beth- any pursuant to and in accordance with provisions of the Loan Agree- ment and as provided in the Inden- ture, and are secured pursuant to and in accordance with provisions of the Mortgage, the Assignment and the Indenture. The Bonds and interest thereon shall never con- stitute an indebtedness of the City, within the meaning of any state constitutional provisions or statu- tory limitation, and shall not give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 10. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. 488 Special Session, September 15, 1975 Section 11. That this Resolution shall become effective immediately upon its passage and approval. Passed and approved this 15th day of September, 1975. [SEAL] THE CITY OF DUBUQUE, IOWA By C. Robert Justmann Mayor ATTEST: Leo F. Frommelt City Clerk I, Leo F. Frommelt, being first duly sworn do hereby depose and certify that I am the duly appoint- ed, qualified and acting City Clerk of the City of Dubuque, in the County of Dubuque, State of Iowa; that as such I have in my posses- sion, or have access to, the com- plete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attach- ed is a true, correct and complete copy of all of the corporate rec- ords showing the action taken by the City Council of said City at a regular meeting open to the public on September 15, 1975, for the purpose of considering a Resolu. tion 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, for the purpose of defraying a portion of the cost of acquiring, constructing, improving and equipping an addi- tion to certain existing facilities and the partial renovation of said existing facilities, all to consist of land, buildings or improvments which shall be suitable for the use of any voluntary nonprofit health care enterprise, the execution and delivery of an Indenture of Trust to secure said Bonds, the execu- tion and delivery of a real estate mortgage with the City as mortgagee thereunder as addition- al security for said Bonds and the assignment by the City of the rights and interests of the City in and to said real estate mortgage, and execution and delivery of a Loan Agreement between the City and Bethany Home, the sale of said Bonds, and related matters. WITNESS my hand and the Cor- porate Seal of the City hereto af- fixed at Dubuque, Iowa, this 15th day of September, 1975. [SEAL] Leo F. Frommelt City Clerk STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE) Subscribed and sworn to before me this day, the date last above written. Z. D. Hantelmann Notary Public in and for the State of Iowa [ SEAL] My Commission expires: 9-30.77 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor ,lustmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION N0. 343.75 A Resolution Appointing A Zon. ing Board of Adjustment Pursu- ant To Ordinance No. 32.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has on August 4, 1975 passed, adopted and approved Ordinance No. 32.75, known as the "Zoning Ordinance and Zoning :slap of the City of Du- buque, Iowa"; and WHEREAS, the adoption of said Ordinance No. 32-75 has repealed Ordinance No. 3-34 and has there- by dissolved the Zoning Board of Adjustment as had been estab- lished pursuant to the terms of said Ordinance No. 3.34; and WHEREAS, Ordinance No. 32.75 shall henceforth be known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" and shall be fully effective: on Sep- tember 19, 1975: and WHEREAS, Article VI of said Ordinance No. 32.75 provides for the establishment of a Zoning Board of Adjustment in accord- ance with provisions of Chapter 414, Code of Iowa 1975: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That a Zoning Board of Adjustment is hereby appointed in conformance with and subject to the provisions of Article VI of Ordinance No. 31-75, known as the "'Zoning Ordinance: and Zoning Map Special Session, September 15, 1975 489 of the City of Dubuque, Iowa," as follows: Thomas Voelker—term to expire September 19, 1976 Theresa Cieciarelli—term to ex- pire September 19, 1977 David Setter—term to expire September 19, 1978 James F. Connelly—term to ex- pire September 19, 1979 James Richard—term to expire September 19, 1980 Passed, adopted and approved this 15th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 344-75 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 application be granted and permits issued upon the com- pliance with the terms of the Or- dinances of the City. CLASS "C" BEER PERMIT Kopple's Market Inc., 1098 Univer- sity Avenue CLASS "B" BEER PERMIT Theodore Ferring, 35 East 13th St. Passed, adopted and approved this 15th day of September 1975. C. Robert Justmann . Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 345.75 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 following named applicants a Beer Permit. CLASS "C" BEER PERMIT Kopple's Market Inc., 1098 Uni- versity Avenue CLASS "B" BEER PERMIT Theodore Ferring, 385 East 13th St. Passed, adopted and approved this 15th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION N0. 346.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be 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. 490 Special Session, September 15, 1975 CLASS "C" (COMMERCIAL) BEER AND LIQUOR L CENSE William O'Neill, 55 Locust Street Passed, adopted and approved this 15th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 347.75 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 issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William O'Neill, 55 Locust Street Passed, adopted and approved this 15th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Peas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Brady moved that Curb cuts for the handicapped be referred to the City Manager for report back to the Coancil. Sec- onded by Councilman Lundh. Car. ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the follo zing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Meyers, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved January 5 1976 Adopted January 5 1976 Special Session, September 29, 1975 491 CITY COUNCIL Special Session, September 29, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Lundh, Meyers, Stack - is. Absent — Councilman Brady, City Manager Gilbert D. Chave- nelle. Invocation was given by Rev. Peterson of the University of D buque. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is called for the PURPOSE OF DIS- POSING OF INTEREST IN VARI- OUS CITY OWNED PROPERTIES and acting upon such other busI- ness as may properly come before a Regular Meeting of the Council. Communication of Council of Neighborhoods submitting candi- date nominations for the Housing Rehabilitation Commission, pre- sented and read. Councilman Lundh moved that the communica- tion be received and filed and re- ferred to Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Communication of Dock Commis- sion submitting minutes of their meetings of September 10th and 18th, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed and referred to the Mayor and City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays --None. Absent --Councilman Brady. Communication of Planning & Zoning Commission submitting minutes of their meeting of Sep- tember 17, 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, Coun. cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. Communication of Iowa Depart- ment of Environmental Quality ap. Proving sanitary and functional features, water main extension, Keystone Drive, Sunset Park III, Block 6, presented and read. Coun- cilman Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilman Lundh, Meyers, Stackis, Nays—None. Absent --Councilman Brady. Communication of Iowa Depart- ment of Environmental Quality ap- proving sanitary and functional features, water main extension, Sunrise Heights, Block 15, Water Main Extension, also permit for sanitary sewer extension, pre- sented and read. Councilman Lundh 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 Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Communication of Iowa Depart- ment of Environmental Quality submitting reports of chemical analyses of water samples collected from wells 1, 2, 3 and 4 and the plant effluent as submitted by the Water Department, presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Communication of Water Plant Sup't Hail submitting a procedure of testing wells and the depart- ment has been able to meet all D.E.Q. requirements to date, pre- sented and read. Councilman Lundh moved that the communica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. 492 Special Session, September 29, 1975 Communication of Iowa Depart- ment of Transportation advising that they intend to let a bridge painting project for over the Mis- sissippi River on November 12, 1975, cost to be paid from the Pri- mary Road Fund of the State, pre- sented and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Communication of John Graves stating that the painting of the bridge Red, White and Blue would be OK for one year, but as the years go by it could become an eyesore, presented and read. Coun- cilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Communication of Gerald House - log et ux, addressed to the Mayor, relative to the inaction as to the repair of the property located next to theirs at 744 W. 8th Avenue, presented and read. Mayor Just - mann moved that the communica- tion be referred to the City Man- ager, Housing Department and Re- habilitation Commission for inves- tigation and report back within 2 weeks. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Communication of Low -Rent Housing Commission submitting minutes of their meeting of Sep- tember 16, 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 Lundh, Meyers, Stackis. Nays—None, Absent—Councilman Brady. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of Sep- tember 11, 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 Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. Communication of George E. Deininger submitting his resigna- tion from the Transit Board of Trustees, presented and read. Councilman Stackis moved that the resignation be accepted with regret and a letter of appreciation be sent. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 18, 1975 Honorable Mayor and City Council I request authority for Mr. Leo Frommelt to sign city papers in my behalf during my absence from the city September 25 to October 5. The papers will be mainly purchase orders and vouchers. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and request be approved. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 17, 1975 Honorable Mayor and City Council I am returning to you the peti- tion for a street light at the inter- section of Gold Street and Mer- chants Lane. The area has been investigated by the electrical inspector and it is recommended that a 175 watt mercury vapor fixture on the ex. isting wood pole located at the southeast corner of the intersec- tion be installed. Gilbert D. Chavenelle City Manager Special Session, September 29, 1975 493 Councilman Lundh moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 19, 1975 Honorable Mayor and Members of the City Council I have approved the following policies issued to Curtis Straub Co. and request your approval of same for filing purposes. Said policies have been approved by the City Attorney. Policy No. WC61-185530—State Automobile and Casualty Un- derwriters to 9.1676 Policy No. GA 28 -168351 -State Automobile and Casualty Un- derwriters to 9-1676 Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Lundh. Caried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. Proof of Publication, certified to by the Publisher, of List of Claims, Receipts and Expenditures for the month of August, 1975, pre- sented and read. Councilman Stack - is moved that the proof of publica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis- NaYs—None. Absent—Councilman Brady. September 19, 1975 Honorable Mayor and City Council I herewith submit the reports Of the Water Superintendent, Fi- nance Director, Treasurer, Health Department, as well as a list of elaims paid for the month of Au- gust 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 22, 1975 To the Honorable Mayor and City Council I submit to you the audit re- port for the Youth Services Pro- gram for the period October 12, 1972 through June 30, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 25, 1975 Honorable Mayor and City Council The annual Boards and Com_nis. sions banquet will be held Octo- ber 31st at the Julien Motor Inn. Guest speaker will be the Honor- able John C. Culver, U. S. Sena- tor. Will you please reserve this date. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. September 23, 1975 Honorable Mayor and City Council On August 25, 1975, claim was filed against the City of Dubuque by Leonard P. and Deloris A. Died- erichs and alleging damages in the amount of $300.00 occurred to the basement of their home at 1870 Carter Court on August 9, 1975 as the result of a sewer back up. This matter was referred to the appropriate City Agency who has made an investigation thereof and has made written report to the City Attorney of no liability or ac- tionable negligence on the part of 494 Special Session, September 29. 1975 the City. In view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of denial be approved. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann. Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. September 17, 1975 Honorable Mayor and City Council On July 21, 1975, Jean M. Bruce, 857 Wilson Avenue, Dubuque, Iowa filed claim against the City of Du- buque in an unstated amount claiming personal injuries suffered by her on July 17, 1975 as the re- sult of a fall on the staircase at Flora Park Barn. This matter was referred to the appropriate City Agency who has made an investigation thereof and has advised the City Attorney that they find no actionable negligence on the part of the City. In view of the foregoing, it is the recom- mendation of the City Attorney that the claim of Jean M. Bruce be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Meyers 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 Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 17, 1975 Honorable Mayor & City Council Joan Kelly of 854 Clarke Drive, this city, filed claim against the City of Dubuque, Iowa on Septem- ber 12, 1975, in the amount of $26.92 and claiming injuries suf- fered by her on August 20, 1975 as the result of a bee sting on her right ankle while in the Dubuque Carnegie -Stout Library. This matter was referred to the City Attorney who has made an investigation of said matter and finds that actionable negligence or liability on the part of the City, and in view of the same, it is the recommendation of the City Attor- ney thatsaid claim be denied. Original Claim is returned here- with. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of de. nial be approved. Seconded by Ma. yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 17, 1975 Honorable Mayor & City Council Claim was filed on June 9, 1975, by Dennis J. Driscoll, 673 Jeffer- son Street, Dubuque, Iowa in the estimated amount of $323.42 and $353.29 claiming damages to his automobile on May 3, 1975 as the result of paint flecks being depos- ited on same by persons painting a fence during the City of Du- buque's Clean -Up Program. This matter was referred to the appropriate City Agency who has made an investigation of said claim and reports that said mat- ter has been amicably disposed of. In view of the foregoing, it is the recommendation of the City At- torney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Meyers 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 Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 19, 1975 Honorable Mayor & City Council Notice of claim for personal in- juries was filed on November 13, Special Session, September 29, 1975 495 1974 by Lorraine M. Jenkins claim- ing personal injuries suffered by her on October 23, 1974 and aris- ing out of an alleged fall at the northwest corner of Maplewood Court and Timberline Street and further alleging said fall was due to the rough, dangerous and un- even area where the concrete gut- ter ends and the blacktop street surface begins. This matter was referred to the City Attorney who has conferred with claimant's attorney and finds that the claimant suffered a broken right foot and abrasions and cut to her left knee, and claims loss of wages in the amount of $154.00 and medical expenses of $167.00. Claimant. through her attorney, has made an offer of settlement in the amount of $600.00 and it is the recommendation of the City At- torney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw war- rant payable to Lorraine M. Jen- kins in said amount and to trans- mit said check to the City Attorney for delivery upon receipt of duly executed releases. Original Notice of Claim is re- turned herewith. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed, recommendation of settle- ment be approved and City Audi- tor directed to issue proper war- rant. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Notice of Claim of Joyce Ann Miller & Carol Ann Miller, in the approximate amount of $850, for car damage plus $50,000 personal injuries to Joyce Ann Miller and $25,00p personal injuries to Carol Ann Miller, incurred as the result of driving on to railroad tracks on E. 7th Street, presented and read. Councilman Meyers moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis, Nays—None. Absent --Councilman Brady, Notice of Claim of Jeffrey J. Nicks, in an undetermined amount, for personal injuries received as the result of using a self-propelled lawn mower at Ski Hill on W. 32nd Street on September 19, 1975, pre. sented and read. Councilman Mey- ers moved that the Notice of Claim be referred to the City At- torney for investigation and report. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Notice of Claim of Gerarda La- hey, in the amount of $74.31, for car expense incurred as the result of driving on a defective street on September 6, 1975 at 1100 Walnut St., presented and read. Council- man Meyers moved that the no- tice of claim be referred to the City Attorney for investigation and report. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Notice of Suit of Mary Shivley, in the amount of $12,000, for per- sonal injuries received in a fall on a defective sidewalk along the east side of Elm Street north of 16th Street on July 20, 1974, pre- sented and read. Councilman Mey- ers moved that the Notice of Suit be referred to the City Attorney for investigation and report. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. Communication of Dubuque Beautification Committee (Forward from meeting of 9/15/75) request- ing Council support on the follow- ing: Cash awards won by the Am- bassadors be given to them; In. stallation of light in Jefferson Park; Construction of asphalt pad in Allison -Henderson Park; Cash Grant of $60 for lawnmower re. pair; Cash Grant of $100 for on- going efforts, presented and read. 498 Special Session, September 29, 1975 Councilman Stackis moved that the communication be referred to Council. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundy, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Communication of Beautification Project submitting statement as of September 15, 1975, suggesting de- letion of asphalt pad in Allison - Henderson; Cash Grant of $60 for mower repair; and Cash grant of $100, presented and read. Mayor Justmann moved to suspend present he rules to let any one dress the Counci: if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Harry Neustadt of the Beautifi- cation Committee addressed the Council relative to the communi. cation. Councilman Stackis moved that the communication be re- ferred to the Council. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Petition of Iowa Northwestern Development Corp. requesting the installation of seven street lights in Arbor Oaks Subd., presented and read. Councilman Meyers moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. Petition of Loras College Home- coming Group requesting a parade permit for Saturday, October 11, 1975, presented and read. Mayor Justmann moved that the request be granted and referred to the City Manager for implementation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nuys—None. Absent --Councilman Brady. Petition of Loras-Clarke Colleges requesting the Mayor to ride in their Homecoming Parade on Sat. urday, October 11th, presented and read. Councilman Stackis moved that the request be approved sub- ject to approval of the City Man. ager. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Petition of Dubuque Sports Un- limited Inc., requesting an imme- diate solution to parking difficul- ties at Petrakis Ball Park, pre- sented and read. Steve Greenberg, General Manager of Dubuque Packers, addressed the Council and stated they are anxious to make the ballpark area a good looking place. Councilman Stackis moved that the petition of Du- buque Sports Unlimited Inc. be re- ceived and filed and referred to the City Manager with a report in conjunction with the overall 4th to 6th Street area report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Petition of Wahlert High School Sophomore Class requesting per- mission to conduct their annual Homecoming Parade on October 9, 1975, presented and read. Council- man Stackis moved that the re- quest be approved subject to final approval of the City Manager. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Petition of Optimist Club re- questing a proclamation from the Mayor on "Youth Appreciation Week," presented and read. Coun- cilman Stackis moved that the pe- tition be received and filed and the week of November 9 through 15 so proclaimed. Seconded by councilman Lundh. Curried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays ---None. Absent—Councilman Brady. Special Session, September 29, 1975 497 Petition of Dubuque Y's Men's Club requesting permission to con- duct the annual Halloween Parade on Thursday evening, October 30, 1975, presented and read. Council- man Stackis moved that the re- quest be approved subject to final approval of the City Manager, and that October 29th from 6:00 P.M. to 8:00 P.M. be declared "Trick or Treat Night." Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Petition of St. Columbkille's Church requesting a refund of $225 on the unexpired portion of Beer License No. B-2308, discon- tinued business on September 1, 1975, presented and read. Council- man Stackis moved that the re- fund be granted and the City Audi- tor be directed to issue proper war- rant. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady, Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to dispose of interest in Lot 2 of 1 of I of Block 6 in River Front Subd. No. 3 to Ber- wanger Boiler Shop Inc., presented and read. No written objections were filed and no oral objectors were present in the Council Cham- ber at the time set for the hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. RESOLUTION NO. 348-75 WHEREAS, by Resolution No. 341-75 adopted on the 15th day of September, 1975, the City Council Of Dubuque, Iowa, approved the application of Berwanger Boiler Shop, Inc, to have the City of Du- buque reconvey certain property to said applicant for the purpose Of correcting a title problem aris- ing out of a conveyance of Sep- tember 16, 1968: and WHEREAS, pursuant to said Res- olution, the City Clerk published notice of intent to dispose of in- terest in real estate in the Tele- graph -Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa, on the 18th day of September, 1975; and WHEREAS, pursuant to the aforesaid Resolution and publica- tion of notice, the City Council of Dubuque, Iowa, met on the 29th day of September, 1975, at 7:30 p.m. in the City Council Chambers, City Hall, Dubuque, Iowa, to con- sider the proposal to reconvey to Berwanger Boiler Shop. Inc. aLy and all interest. of the City of Du- buque, Iowa, in the following de- scribed real estate, to -wit: Lot 2 of Lot 1 of Lot 1 in Block 6, River Front Subdivi- sion No. 3 in the City of Du- buque, Iowa, containing ap- proximately one-half acre; subject to easements of rec- ord and existing easements, to- gether with perpetual ease- ment, in, over and across the 30 foot wide strip of Lot 2 of Lot 1 of Block 6 abutting the real estate herein con. veyed for purpose of ingress and egress, which easement shall not extend beyond the easterly edge of the railroad right of way easement; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the in- terest of the City of Dubuque, Iowa, in the above described real estate by reconveyance thereof to Berwanger Boiler Shop, Inc. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol lows: Section 1. That the disposal of any interest of the City of Du- buque, Iowa, in the following de- scribed real estate, to -wit: Lot 2 of Lot 1 of Lot 1 in Block 6, River Front Subdivi. sion No. 3 in the City of Du- buque, Iowa, containing ap- proximately one-half acre; subject to easements of record and existing easements, togeth. 493 Special Session, September 29, 1975 er with perpetual easement in, over and across the 30 foot wide strip of Lot 2 of Lot i of Block 6 abutting the real estate herein conveyed for pur. pose of ingress and egress, which easement shall not ex- tend beyond the easterly edge of the railroad right of way casement by means of conveyance of said property to Berwanger Boiler Shop, Inc. be and the same is hereby approved, subject to the following terms and conditions: A. That the consideration for said reconveyance to Berwanger Boiler Shop, Inc. shall be the sum of $5,274.20 previously paid to the City of Dubuque, Iowa, on or about September 16, 1968 and no addi- tional compensation shall be re- quired for said conveyance. B. That the City of Dubuque grant unto the purchaser a per. petual easement over a portion of the adjoining real estate abutting the property herein described for the purpose of ingress and egress by Berwanger Boiler Shop, Inc. C. That the City of Dubuque re- tain a perpetual easement for ex- isting water lines, existing sani- tary sewer and storm lines, and for utilities, together with the right of ingress and egress to repair, in- spect and maintain the same. D. That all costs of publication and costs incidental to said con- veyance be paid by Berwanger Boiler Shop, Inc., the grantee. Section 2. That said conveyance be by quit claim deed from the City of Dubuque, Iowa, as gran- tor, to Berwanger Boiler Shop, Inc., an Iowa corporation, as gran- tee. Section 3. That the City Clerk be and lie is hereby authorized and directed to deliver the said quit claim deed of conveyance to Ber- wanger Boiler Shop, Inc. upon re- ceipt of payment covering the costs of publication and other costs incidental to said conveyance. Section 4. 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, adopted and approved this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency on Resolution of Necessity for Construuction of the 5th Street Parking Lot in the Urban Renewal Area, 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. Councilman Stack - is moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. (Necessity for Improvement) RESOLUTION NO, 331.75 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 5th Street Parking Lot. 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 there- to. Special Session, September 29, 1975 499 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 Park- ing Fund. The. above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 8th day of September, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 349.7S WHEREAS, proposed plans and specifications and form of contract for the construction of the 5th Street Parking Lot have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1975, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 29th day of September, 1975: and WHEREAS, the City Council met in special session this 29th day of September, 1975, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica. tions or contract for or cost of the improvement herein described and proposed to be made: and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con• sidered: 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 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 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R.Meyers 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 Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. (Ordering Construction) RESOLUTION NO. 350.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 331.75 which was duly passed by this Council for the construction of the 5th Street Parking Lot. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. 500 Special Session, September 29, 1975 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 Parking Fund. BE ff FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECES- SITY shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers 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 Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency on Resolution of Necessity for the Construction of the San Jose Swimming Pool parking lot and access sidewalk, 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. Coun- cilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. (Necessity for Improvement) RESOLUTION NO. 357.75 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 parking to be improved. 2. The width ment, and the sewers. lot and sidewalks of such improve - size and kind of 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. For the San Jose Swimming Pool parking lot and access sidewalk. BE ff 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 welfare to make the herein mentioned im. provement, and unless property owners at the time of the final consideration of this proposed res. olution have on file with the City Clerk objections; they shall be deemed to have waived all objec. tions 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 Council and are now on file with the City Clerk. That the cost and expense of waking said improvement will be paid out of the Community Devel- opment Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of September, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, so pro- posed, by the City Council this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved final adoption of the resolution. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice to Special Scssion, September 29,1975 .301 Contractors for Construction of San Jose Pool Parking Lot and Ac- cess Sidewalk, presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen I.undh, Meyers, Stackis. Nays --None. Absent --Councilman Brady. Proof of Publication, certi;ied to by the Publisher, of Public Notice pursuant to environmental proced- ures for the Community Block Grant Program, indicating no sig- nificant effect on the environment for a project identified as the San Jose Swimming Pool, presented and read. Councilman Lundh moved that the proof of publica- tion be received and filed. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. September 29, 1975 Honorable Mayor and City Council Pursuant. to your instructions, sealed bids were received until 10 a.m., Monday, September 29, 1975 for the San Jose Swimming Pool Parking Lot and access walk. The lowest bid was entered by Tri State Paving, Division of Dubuque Stone Products Company of Du- buque, Iowa. Their bid was $19,924.75 which is 2.90% under the estimate. 1 recommend that the contract for the improvement be awarded to the Tri State Paving, Division of Dubuque Stone Products Com- pany subject to the environmental review comments which may be submitted until October 10, 1975. The contract will not be executed until the U. S. Department of Housing and Redevelopment has released the funds for the project. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Gtackis. Nays --None. Absent—Councilman Brady. (Awarding Contract) RESOLUTION NO. 351.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of San Jose Parking Lot and Access Side. walk pursuant to Resolution No. 339.75 and notice to bidders pub. lished in a newspaper published in said City on Sepiember 17, 1975 and September 24, 1975; and WHEREAS, said sealed proposals were opened and read on Septem- ber 29, 1975, and it has been de- termined that the bid of Tri-State Paving Company, Division of Du- buque Stone: Products Company of Dubuque, Iowa in the amount of $19,924.75 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company, Division of Dubuque Stone Prod- ucts Company and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Approved and placed on file un- til October 10, 1975 pursuant to funds released from HUD and re- sponse to published notice. Passed and adopted this 29th day of Sep- tember, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays ---None. Absent --Councilman Brady. 502 Special Session, September 29, 1975 Proof of Publication, certified to by the Publisher, of Notice of time I and place to dispose of interest in and to Windsor Avenue, as extend- ed from northerlymost boundary of Davis Avenue to Sisters of St. Francis of Dubuque County, Iowa, presented and read. No written ob- jections were filed and no oral ob- jectors were present in the Coun- cil Chamber at the time set for the hearing. Councilman Meyers 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 Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. RESOLUTION NO. 352-75 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing, published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on Sep- tember 12, 1975, the City Coun- cil of the City of Dubuque, Iowa met on the 29th day of September, 1975, at 7:30 o'clock P.M. (Central Daylight Time) in the City Coun- cil Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque, Iowa, in real estate, here- inafter described, to the Sisters of Saint Francis of Dubuque. Coun- ty, Iowa; 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 City of Du- buque, Iowa, in the hereinafter de- scribed real estate to the Sisters of Saint Francis of Dubuque Coun- ty, Iowa: NOW THEREFORE 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: Windsor Avenue, as extended, from the northerlymost bound- ary of Davis Avenue, as wid- ened, in the City of Dubuque, Iowa to the Sisters of Saint Francis of Dubuque County, Iowa for the ruin of One ($1.00) Dollar and costs of publication and that no abstract of title will be furnished and that conveyance shall be by Quit Claim Deed, be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of con. veyance conveying the above de. scribed real estate to the Sisters of Saint Francis of Dubuque Coun. ty, Iowa upon receipt of payment price in full. 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 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. August 29, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of "Stone Hill Community Subdivision No. I" in the City of Dubuque, Iowa. The property abuts the extension of Windsor Avenue north of Davis Avenue. The Commission has determined that the plat conforms to the ap- proved preliminary plat of this area and meets the requirements of the Subdivision Ordinance. The Commission has approved the final plat, and recommends the approval of the City Council. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Special Session, September 29, 1975 503 Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent—Councilman Brady. September 25, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of "Twin Ridge Subdivision No. 2." This subdivision is located outside of the Dubuque city limits but. within the jurisdictional area prescribed in the platting statute. Chapter 404.14, Code of Iowa, 1975. The Commission has expressed a concern, since 1973, that subdivi- sion activity beyond our corporate limits created certain burdens up- on the City of Dubuque as those subdivisions had failed to provide improvements equal to require- ments enforced with the city. The Commission is now considering possible amendment to our Subdi- vision Ordinance No. 65-57, to clarify those development stand- ards that had heretofore been en- forced only through administrative policy. You should note that the pres- ent "Twin Ridge" Subdivision had complied with full improvement requirements beginning in 1971, even though it was not, at that time, within the official jurisdic- tion of the City. The second phase of development, now before you as "Twin Ridge Subdivision No. 2" also conforms with preliminary plats and improvement agreements made in 1971, and the plat Resolu- tion, attached, provides for the full improvement of streets, storm drainage, sanitary sewage collec- tion and treatment, and water sup- ply systems according to city and slate specifications. On this basis, the Planning and Zoning Commis- sion has endorsed the plat, and thereby recommends your approv- al of it. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Attorney Michael King appeared before Council, on behalf of the Subdivision owners. Councilman Stackis moved that the commuunication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Councilmen Lundh, Meyers, Stackis. Nays—Mayor Justmann. Absent—Councilman Brady. RESOLUTION NO. 353.75 Resolution Approving The Plat Of "Stone Hill Community Sub- division No. 1" WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Stone Hill Communitv Subdivision No. 1" in the City of Dubuque, Iowa, by The Sisters of St. Francis of Du- buque, Iowa, the owner, and by Stone Bill Development Corpora- tion, an Iowa corporation, herein- after referred to as the "Develop- er"; and WHEREAS, upon said plat ap- pears a street to be known as Windsor Avenue which the owner by said plat has dedicated to the public; and WHEREAS, upon said plat ap- pears an area encompassing a por- tion of Lots 2 and 3 of said Sub- division varying in width from 60 to 61.71 feet which is an easement area for a future roadway and is intended to replace and be a sub- stitute for the street dedication and easement received by the City from The Sisters of St. Francis by instrument dated October 28, 1949, filed in Book 18 of Plats, pages 92 and 93, Records of the County Recorder, Dubuque County, Iowa, with respect to the area lying north of Davis Avenue; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon, and WHEREAS, The Sisters of St. Francis of Dubuque, Iowa, have contracted to sell Lot 2 of said Sub- division to Stone Hill Development Corporation; and WHEREAS, Stone Hill Develop- ment Corporation will be the de. veloper of said Lot 2, pursuant to a Planned Unit Development plan heretofore approved for said Lot 2, which development, together with the plans and specifications therefore have been approved by the City of Dubuque; and WHEREAS, thesaid pat ha been examined by the Cit l Y 504 Special Session, September 29, 1975 and they find that the same con- forms to statutues and ordinances relating thereto, except that street grades have not been established, the street brought to grade, or pav- ing, sewer, water or sidewalk in- stalled; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Windsor Avenue, together with the easements for public utilities as the same appear on said plat, be and the same are hereby accepted; Section 2. The City of Dubuque, Iowa hereby vacates the easement for roadway granted to it by The Sisters of St.. Francis of Dubuque, Iowa, by instrument dated October 28, 1949, and filed in Book of Plats 18, pages 92 and 93, Records of the County Recorder, Dubuque County, Iowa, except the South 30 feet of the West 20 acres of Lot 2 of the SW 1/4 of the SE Y4 of Sec- tion 12, T 89 N, R 2 E of the 5th P.M., Dubuque, Iowa (see Resolu- tion No. 313.49 of the City of Du- buque, Iowa): and the Mayor and Clerk of the City of Dubuque are authorized and directed to execute such instrument of vacation of said easement and quit claim deed to said Sisters as will accomplish the purpose of this section of this Resolution; Section 3. That the plat of "Stone Hill Community Subdivision No. 1" in the City of Dubuque, Iowa, be and the same is hereby ap- proved and the Mayor and City Clerk are hereby auuthorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat, provided the aforesaid Developer, Stone Hill Development Corporation, executes its written acceptance hereto attached, agree- ing as follows: a. To reduce to grade Windsor Ave- nue as shown on said plat from North line of Davis Avenue and to construct concrete curb and gutter and to hard surface said Windsor Avenue with bitumi. nous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque Standards Specifications. b. To install water mvins frorn Da. vis Avenue northerly to Lot 2 of said Subdivision in accordance with plans and specifications filed by the Developer in the Office of the City Engineer, City of Dubuque, Iowa. c.To install sanitary seiner mains and sewer service laterals in ac. cordance with plans and speci- fications filed by the Developer in the Office of the City Engi- neer. d. To install storm sewers and catch basins in accordance with plans and specifications filed by the Developer in the Office of the City Engineer. e. To install concrete sidewalks in accordance with plans and speci- fications filed by the Developer in the Office of the City Engi- neer. f.To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection cf 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 Devel- oper, Stone WE Development Corporation. L To construct said improvements according to the following sched- ule. 1. Sanitary sewer mains described in Section 4, hereof, shall be constructed prior to Septem- ber 29, 1977; 2, Windsor Avenue and water mains, both lying between points 1,200 feet and 1,925 feet north of the north line of Davis Avenue shall be con. structed prior to September 29, 1977: 3. The balance of Windsnr Ave. nue and water mains, both ly ing north of the north line of Davis Avenue, and all side- walks shown upon plans filed by the Developer in the Office of the City Engineer, shall be constructed prior to Septem- ber 29, 1981, and provided further that no Buuilding Per- mit shall be issued for either Special Session, September 29, 1975 a thirty-first (31st) dwelling upon Lot 2 of the plat or for any other principal building upon Lot 3 or I.ot 4 of the plat, until the installation of said Windsor Avenue and wa- ter main shall have been se- cured, according to a schedule of completion and a perform- ance bond or other surety ac- ceptable to the City Manager. Section 4. Owner and Developer covenant and agree the sanitary sewer from the manhole near the westerly boundary of Lot 2 of said Subdivision (as shown on plans on file in the Office of the City En- gineer, City of Dubuque, Iowa) and continuing westerly to the sanitary sewer along Peru Road, will be dedicated to the City of Dubuque, Iowa, upon installation and there- upon same will become a public sanitary sewer. Section S. That the Developer shall secure the performance of the foregoing conditions with such corporate surety as may be ap- proved by the City Manager of the City of Dubuque, Iowa. Section 6. That if the Developer, Stone Hill Development Corpora- tion, shall fail to execute the ac- ceptance and furnish the security provided for in Section 5 hereof within forty-five (45) days after the date of this Resolution, the provi- sions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shall not be effective. Passed, adopted and approved this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk We, the undersigned, Sisters of Saint Francis of Dubuque, Iowa, having read the terms and condi- tions of the foregoing Resolution No. 353.75, and being familiar with its contents, and being a duly au thorized office of said corporation, do hereby accept the same and agree to perform the conditions re- quired therein. Dated at Dubuque, {t4 Iowa this 20th day of October, 1975. Sister Jordan Dahm Vice President, Sisters of Saint Francis of Dubuque, Iowa, as Owner We, the undersigned, James H. Richard, "Stone Hill Development Corporation," having read the terms and conditions of the fore. going Resolution No. 353-75, and being familiar with its contents, and being a duly authorized officer of said corporation, do hereby ac- cept the same and agree to per- form the conditions required there- in. Dated at Dubuque, Iowa this 3rd day of October, 1975. /s/ James H. Richard President, Sione Hill Development Corporation, as Developer To: Leo F. Frommelt City Clerk Dubuque, Iowa This is to certify that the se- curity provided for by the fore- going Resolution No. 353-75 has been furnished by the Developer and is approved. Dated at Dubuque, Iowa, this 20th day of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—None. Absent --Councilman Brady. RESOLUTION NO. 354.75 RESOLUTION Approving Plat of "TWIN RIDGE SUBDIVISION NO. 2" in Section 12, Table Mound Township, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as TWIN RIDGE SUBDIVISION NO. 2; and WHEREAS, upon said plat ap- pear streets to be known as St. Joseph Drive (temporarily), Tim- o,hy Street and Shane Street, to- gether 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 approval endorsed thereon; and 508 Special Session, September 29, 1975 WHEREAS, said plat has been examined by the City Council and they find that said subdivision lies within the jurisdictional area of the City of Dubuque pursuant to Section 409.14 of the 1975 Code of Iowa; and also that same con- forms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of ,,TWIN RIDGE SUBDIVISION NO. 211,Dubuque County, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface St. Jo- seph Street, Timothy Street and Shane Street with bituminous con- crete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains, sewer service laterals and sewage plumbing facility in ac- cordance 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 construct the foregoing improvements 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; e. To install storm sewers and catchbasins in accordance with plans submitted with the plat. f. To provide the foregoing con. struction and maintenance at the sole expense of the Subdividers, Raymond M. Mueller and Grace M. Mueller, as owners; g. To construct said improve- ments prior to October 1, 1976 and further provided that said Ray. mond M. Mueller and Grace M. Mueller, as owners of said Sub. division, secure the performance of the foregoing condition in a manner acceptable to the City Manager. Section 2. That in the event Raymond M. Mueller and Grace M. Mueller shall fail to execute the acceptance and furnish the secur- ity provided for in Section 1 here- of within 45 days after the date of this Resolution, the provisions hereof shall be null and void. Passed, adopted and approved this 29th day of September, A.D., 1975. C. Robert Justmann Mayor Emil Stackis Donald R. Meyers Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk State of Iowa ) as. County of Dubuque ) I, Leo F. Frommelt, do hereby certify that I am the duly appoint- ed, qualified City Clerk of the City of Dubuque in the County aforesaid, and as such Clerk attest to the above Resolution. Leo F. Frommelt City Clerk of the City of Dubuque ACCEPTANCE OF RESOLUTION NO. 35475 We, the undersigned, Raymond M. Mueller and Grace M. Mueller, having read the terms and condi- tions of the foregoing Resolution No. 354-75 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there- in. Dated at Dubuque, Iowa, this 8th day of October, 1975. Raymond M. Mueller Grace M. Mueller Councilman Stackis moved adop• tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Councilmen I.undh, Mey- ers, Stackis. Nays — Mayor Justmann. Absent — Councilman Brady. Special Session, September 29, 1975 807 RESOLUTION NO. 355-75 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO DUBUQUE FIVE FLAGS CENTER FUND FOR SALE OF LAND IN THE DOWNTOWN URBAN RE- NEWAL PROJECT, IOWA R-15 WHEREAS, under date of Sep- tember 17, 1975, the City of Du- buque and Dubuque Five Flags Center Fund entered into a Con- tract for the Sale of Land in the Downtown Urban Renewal Project, Iowa R-15, for private redevelop. ment; and WHEREAS. Dubuque Five Flags Center Fund has compiled with the conditions of said Contract and has requested the City of Dubuque to execute and deliver to them a Deed for that segment of the total property scheduled to be conveyed as of this date; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Dubuque Five Flags Center Fund for the sale of Disposition Parcels 11.1, 11-2, 11-3, and 114 in the Downtown Urban Renewal Project, Iowa R-15, legally described as Lot 1 of Black 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 33,273.4538 square feet. SECTION 2. That the Director of the Department of Housing and Redevelopment is hereby authoriz- ed and directed to deliver said Deed to Dubuque Five Flags Cen- ter Fund. upon receipt of the pur- chase price of $108,533.05. Passed, approved and adopted this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers 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 Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. September 24, 1973 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of "Asbury Springs Subdivision No. 1" in the City of Dubuque, Iowa. The Commission has determined that the final plat is in substantial conformance with the conceptual development plan for the Powers Farm as considered in association with zoning reclassifications made in 1973. It is the recommendation of the Planning and Zoning Com- mission that the final plat be ap- proved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Attorney Leo McCarthy appear- ed before the Council on behalf of the owners of the Subdivision. Councilman Stackis moved that the communication be received and fil- ed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundb, Meyers, Stackis. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 356.75 RESOLUTION APPROVING THE PLAT OF "ASBURY SPRINGS SUBDIVISION NO. 1" IN THE CITY OF DUBUQUE, IOWA. Wl1EREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Asbury Springs Subdivision No. 1 in the Cite of Dubuque, Iowa, by Asbury Springs, Ltd., a Limited Partner- ship, and Donald J. Kaiser and Jo Ann C. Kaiser, Husband and Wife, and WHEREAS, upon said plat ap- pear streets to be known as NOT APPLICABLE together with cer- tain public utility easements which the Owners by said plat have dedi- cated 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 50S Special Session, September 29, 1975 have not been established, the f. To construct all improvements streets brought to grade, or paving, in compliance with any and all or water installed; applicable City of Dubuque Spec. NOW THEREFORE, BE IT RE- ifications and as approved by SOLVED BY THE CITY COUNCIL the City Engineer. OF THE CITY OF DUBUQUE, g. To maintain the foregoing im. provements for a period of four IOWA: Section 1. That the dedications (4) years from the date of their acceptance by the City of Du. of Asbury Springs Subdivision No. bubu que, Iowa; 1, together with the easements for h. provide the foregoing con - public utilities as the same appear struction and maintenance at the upon said plat, be and the same sole expense of the Subdivider, are hereby accepted; Asbury Springs, Ltd., a Limited Section 2. That the plat of As- Partnership and Donald J. Kais. bury springs Subdivision No. 1 in or and Jo Ann C. Kaiser, Hus. the City of Dubuque, Iowa, be and band and Wife, as owners; the same is hereby approved and i. To construct said improvements, the Mayor and City Clerk are here- i except sidewalks, prior to Sep• by authorized and directed to en- tember 1, 1976, and to construct dorse the approval of the City of the sidewalks prior to NOT AP. Dubuque, Iowa, upon said plat, PLICABLE; provided the owners of said prop- j, To install in accordance with erty herein named, execute their City specification, boulevard written acceptance hereto attached street lighting within thirty (30) agreeing: days after the completion of the a. To reduce all streets to grade ! adjacent curb and gutter within and to construct concrete curb any particular section of the and gutter and to hard surface proposed subdivision. NOT APPLICABLE with bitum. and further provided that said inous concrete, or with concrete i Asbury Springs, Ltd., a Limited paving with integral curb, all in Partnership and Donald J. Kaiser accordance with City of Dubuque and JoAnn C. Kaiser, Husband standard specifications; Provid- and Wife, as owners of said Sub - ed, however, this provision shall division, secure the performance of be applicable and operative upon the foregoing conditions by pro - Resolution of City Council of viding security in such form and City of Dubuque to dedicate Hill- with such sureties as may be ac - crest Road as platted and owners ceptable to the City Manager. and developers agree to dedicate Section 3. That in the event As. same and who shall secure the bury Springs, LTD., a Limited improvement of said roadway by Partnership, and Donald J. Kaiser appropriate surety, etc.; and JoAnn C. Kaiser, Husband b. To dedicate previously installed and Wife, shall fail to execute the sanitary sewer mains and sewer acceptance and furnish the secur- service laterals in accordance ity provided for in Section 2 here- with plans previously submitted; of within 45 days after the date of c. To install water mains and water this Resolution, the provisions service laterals within the 50' hereof shall be null and void and utility easement to connect an the acceptance of the dedication existing main at the intersection and approval of the plat shall not of Hillcrest Road and Pasadena be effective. Drive with an existing main Passed, adopted and approved terminated at the Northwest by unanimous recorded roll call (NW) corner of Lot 2 of Lot 1-1-1 this 29th day of September, A.D., of Powers Farm; 1975. d. To install storm sewers and C. Robert Justmann catchbasins in accordance with Mayor plans submitted with the plat; Alvin E. Lundh NOT APPLICABLE Emil Stackis e. To install concrete sidewalks as Donald R Meyers required by Ordinances, and Councilmen where directed by the City Engi- ATTEST: neer and the City Manager; NOT Leo F. Frommelt APPLICABLE City Clerk Special Session, September 29, 1975 509 ACCEPTANCE OF RESOLUTION NO. 356-75 We, the undersigned David J. Powers and Paul W. Powers, Gen- eral Partners of Asbury Springs Ltd., a limited Partnership, and Donald J. Kaiser and Jo Ann C. Kaiser having read the terms and conditions of the foregoing Resolu- tion No. 358.75 and being familiar with the conditions thereof, hereby accept the same and agree to per. form the conditions required there- in. Dated at Dubuque, Iowa, this 3rd day of October, 1975. Donald J. Kaiser JoAnn C. Kaiser ASBURY SPRINGS LTD. a limited partnership By David J. Powers General Partner and Paul W. Powers General Partner TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 356-75 has been furnished by the owners. Dated at Dubuque, Iowa, this 9th day of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. Councilman Stackis further mov- ed that the resolution be sub- ject to recommendation of City Solicitor that when demand is made, that Hillcrest Road will be dedicated. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. Communication of West Side Business and Professional Associa- tion of Dubuque Inc., informing the Council of its organization con- sisting of various businesses and professional persons in the west end of the community offering their assistance relating to matters of zoning, traffic, annexation, city services to facilitate orderly growth, presented and read. Councilman Lundh moved that the communica- tion be received and filed and re- ferred to Council and City Man- ager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. September 25, 1975 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Block 15 in "Sunrise Heights" Subdivision in the City of Dubuque, Iowa. The subject property lies on an exten- sion of Berkley Place north of Kane Street. The Commission has determined that the plat conforms to the ap- proved preliminary plat of this area and meets the requirements of the Subdivision Ordinance. The Commission has approved the final plat, and recommends the approval of the City Council. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communiction be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 357.75 RESOLUTION APPROVING THE PLAT OF BLOCK 15 IN "SUN- RISE HEIGHTS" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 15 in "Sunrise Heights" in the City of Dubuque, Iowa, by James H. Richard and Darlene H. Richard; and WIIEREAS, upon said plat ap- pear streets to be known as Mea- dow Wood Drive, Berkley Place and Boyer Street, together with certain public utility easements which the Owners by said plat have dedicated to the public for. ever; and 508 Special Session, September 29, 1975 have not been established, the streets brought to grade, or paving, 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 Asbury Springs Subdivision No. 1, together with the easements for publiuponsaidplat, ties a be andnthe same are hereby accepted; Section 2. That the plat of As. bury springs Subdivision No. 1 in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- j erty herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade ' and to construct concrete curb and gutter and to hard surface NOT APPLICABLE with bitum- inous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; Provid- ed, however, this provision shall be applicable and operative upon Resolution of City Council of City of Dubuque to dedicate Hill- crest Road as platted and owners and developers agree to dedicate same and who shall secure the improvement of said roadway by appropriate surety, etc.; b. To dedicate previously installed sanitary sewer mains and sewer service laterals in accordance with plans previously submitted; c. To install water mains and water service laterals within the 50' utility easement to connect an existing main at the intersection of Iiillerest Road and Pasadena Drive with an existing main terminated at the Northwest (NW) corner of Lot 2 of Lot 1-1-1 of Powers Farm; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; NOT APPLICABLE e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; NOT APPLICABLE f. To construct all improvements in compliance with any and all applicable City of Dubuque Spec. ifications and as approved by the City Engineer. g. To maintain the foregoing im. provements for a period of four (4) year, 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, Asbury Springs, Ltd., a Limited Partnership and Donald J. Kais. er and Jo Ann C. Kaiser, Hus- band and Wife, as owners; i. To construct said improvements, except sidewalks, prior to Sep- tember 1, 1976, and to construct the sidewalks prior to NOT AP. PLICABLE; j. To install in accordance with C i t y specification, boulevard street lighting within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the proposed subdivision. and further provided that said Asbury Springs, Ltd., a Limited Partnership and Donald J. Kaiser and JoAnn C. Kaiser, Husband and Wife, as owners of said Sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager, Section 3. That in the event As. bury Springs, LTD., a Limited Partnership, and Donald J. Kaiser and JoAnn C. Kaiser, Husband and Wife, shall fail to execute the acceptance and furnish the secur- ity provided for in Section 2 here- of 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 29th day of September, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Special Session, September 29, 1975 5N ACCEPTANCE OF RESOLUTION NO. 356.75 We, the undersigned David J. Powers and Paul W. Powers, Gen- eral Partners of Asbury Springs Ltd., a limited Partnership, and Donald J. Kaiser and Jo Ann C. Kaiser having read the terms and conditions of the foregoing Resolu- tion No. 356.75 and being familiar with the conditions thereof, hereby accept the same and agree to per- form the conditions required there- in, Dated at Dubuque, Iowa, this 3rd day of October, 1975. Donald J. Kaiser Jo Ann C. Kaiser ASBURY SPRINGS LTD. a limited partnership By David J. Powers General Partner and Paul W. Powers General Partner TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 356-75 has been furnished by the owners. Dated at Dubuque, Iowa, this 9th day of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. Councilman Stackis further mov- ed that the resolution be sub- ject to recommendation of City Solicitor that when demand is made, that Hillcrest Road will be dedicated. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. Communication of West Side Business and Professional Associa- tion of Dubuque Inc., informing the Council of its organization con- sisting of various businesses and professional persons in the west end of the community offering their assistance relating to matters Of zoning, traffic, annexation, city services to facilitate orderly growth, presented and read. Councilman Lundh moved that the communica- tion be received and filed and re. ferred to Council and City Man. ager. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. Honorable MayoSWember 25, 1975 and City Council The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Block 15 in "Sunrise Heights" Subdivision in the City of Dubuque, Iowa. The subject property lies on an exten- sion of Berkley Place north of Kane Street. The Commission has determined that the plat conforms to the ap- proved preliminary plat of this area and meets the requirements of the Subdivision Ordinance. The Commission has approved the final plat, and recommends the approval of the City Council. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communiction be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent -- Councilman Brady. RESOLUTION N0. 357.75 RESOLUTION APPROVING THE PLAT OF BLOCK 15 IN "SUN- RISE HEIGHTS" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 15 in "Sunrise Heights" in the City of Dubuque. Iowa, by James H. Richard and Darlene H. Richard; and WHEREAS, upon said plat ap- pear streets to be known as Mea- dow Wood Drive, Berkley Place and Boyer Street, together rwith certain public utility which the Owners by said Plat have dedicated to the public for- ever; and 510 Special Session, September 29, 1975 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 con- forms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Meadow Wood Drive, Berkley Place, and Boyer Street, together with the easements for public util- ities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 15 in "Sunrise Heights" 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 gutter and to hard surface Meadow Wood Drive, Berkley Place and Boyer Street with bi- tuminous concrete, or with con- crete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; C. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and 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 approv- ed by the City Manager, under the inspection of the City Engi- neer, 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, James H. Richard and Darlene 11. Richards, as owner; L To construct said improvements, except sidewalks, prior to Aug. 1, 1977, and to construct the side- walks prior to August 1, 1979; and further Provided that said James H. Richard and Darlene H. Richard, as owner of said Subdivi- sion, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Seeiton 3. That in the event James H. Richard and Darlene H. Richard, shall fail to execute the acceptance and furnish the secur- ity 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 29th day of September, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: I.eo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 357-75 We, the undersigned James H. Richard and Darlene H. Richard having real the terms and condi- tions of the foregoing Resolution No. 357-75 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there- in. Dated at Dubuque, Iowa this 29th day of October, 1975. James H. Richard Darlene H. Richard TO: Leo F. Frommelt City Clerk Special Session, September 29, 1975 511 This is to certify that the secur- ity provided by the foregoing RFSOLUTION NO. 357-75 has been furnished by the ovvners. Dated at Dubuque, Iowa this 29th day of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 358.75 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 National Tea Company, Del farm Food Store, 2013 Central Avenue Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald It. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following; vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 359.75 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 '1'HERFli' ORE BE 1T RF, 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 National Tea Company, Del Farm Food Store, 2013 Central Avenue Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers 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 Lundh, Meyers, Stackis. Nays — None, Absent — Councilman Brady. RESOLUTION N0, 360.75 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 Ordi nanees of the City. CLASS "B" BEER PERMIT li,)ly Trinity Catholic Church (Also Sunday Sales), 1700 Rhumberg Avenue Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin F. Lundh Emil Stackis Donald R. Meyers 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 — MayorJeiymann, Coun cilmen Lundh, Meyers, es Nays — None, Absent -- Councilman Brady. 512 Special Session, September 29, 1975 RESOLUTION NO. 361.75 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 Holy Trinity Catholic Church (Also Sunday Sales), 1700 Rhomberg Ave. Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers 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 Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 362.75 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 "B" (HOTEL OR MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd.—Dubuque, Ra- mada Inn - West (Also Sunday Sales), U.S. 20 and Mercer Drive CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE John P. Mihalakis (Also Sunday Sales), 2095 Kerper Blvd. Dorothy R. Hentges (Sunday Sales Only), 2412 Central Ave. Coletta A. Oyen (Sunday Sales Only), 1103 Iowa Street Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers 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 Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. RESOLUTION NO. 363-7S 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 "B" (HOTEL OR MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd., Dubuque, Ra- mada Inn - West (Also Sunday Sales), U.S. 20 and Mercer Drive CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE John P. Mihalakis (Also Sunday Sales), 2095 Kerper Blvd. Dorothy R. Hentges (Sunday Sales Only), 2412 Central Ave. Coletta A. Oyen (Sunday Sales Only), 1103 Iowa Street Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Special Session, September 29, 1975 513 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. Mr, James Gregory, John F. Ganshirt and Mr. Fred Valentine addressed the Council relative to the lax structure and revaluations of properties in the City. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — None. Absent — Councilman Brady. Leo F. Frommelt City Clerk Approved January 5 1976 Adopted January 5 1976 Regular and Adjourned Regular Session, October 7, 1975 515 CITY COUNCIL OFFICIAL Regular Session, October 6, 1975. No members of the Council be- ing present, the meeting was ad• journed subject to call. Adjourned Regular Session, Oc. tober 7, 1975. Council met at 7:30 P.M. (C.D.T.) Present — Mayor Justmann, Councilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Invocation was given by Dr. Wei- blen, President of Wartburg Sem- inary. Mayor Justmann read the call and stated that service thereof had been dull• made and this is AN ADJOURNED MEETING OF THE REGULAR MEETING OF OCTO- BER 6, 1975, called for the PUR- POSE OF ACTING UPON SUCH BUSINESS AS MAY PROPERLY COME BEFORE THE MEETING. Communication of Dubuque Ad- visory Commission submitting min- utes of their meeting of Septem- ber 23. 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Council of Neighborhoods submitting minutes of their meeting of September 26, 1975, presented and read. Coun- cilman Meyers moved to suspend the rules to let anyone present ad- dress the Council if they so de. sire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. John Grau spoke to the Council in reference to the formation of a Community Development Com- mission. Councilman Stackis moved that the minutes of Council of Neighborhoods be received and filed and Work Session with them be held on October 14, 1975, at 7:30 o'clock P.M. in the Council Chambers at City Hall. Seconded by Mayor Justmann. Carried by the following tote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of Sep- tember 25, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Dubuque Disposal Co., indicating wish to exercise their renewal option granted them in the Lease & .Agreement on the prop- erty at 14th & Elm Streets, from January 1, 1975 to January 1, 1976, presented and read. Mayor Just - mann moved that the Notice be referred to the City Manager. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Attorney Wil- liam A. Comsat, as a representa- tive of owners of Lot 12 in Block 2 in Sunset Park Subdivision No. 3, requesting correction of an easement error 2.5 foot wide by having the City re -decd the prop- erty and refer to the City Attor- ney for proper procedure, present- ed and read. Councilman Stackis moved that the communication be referred to the City Attorney for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. Nays—None. Communication of City Engi- neer submitting Articles of Agree- ment, establishing the Dubuque Metropolitan Area Transportation Study and requesting an opportun- ity to explain their purpose and recommending your review, pre. sented and read. Frank Sherkow and Karl Biasi addressed the Council and spoke 516 Adjourned Regular Session, October 7, 1975 on the scope and purpose of Du- buque Metropolitan Area Study (D.M.A.S.). Mayor Justmann moved that the communication of City Engineer be referred to Council for study at next meeting. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. October 3, 1975 Honorable Mayos and City Council The assignment of additional per- sonnel to the Department of Com- munity Development has caused considerable overcrowding in their present space at Suite 10-B in the Fischer Building, and we have in- vestigated other space to alleviate this condition. It is recommended that the pres- ent lease with the Fischer Realty Company be amended to permit this department to move to Suite 480 in the same building. This space contains approximately 1,100 square feet, and it would provide minimal needs for the various func- tions assigned to that department. The terms of the lease amend- ment would extend their present lease until March 31, 1977, at a new rental of $325 per month. Pres- ent lease cost is $190 per month for 750 square feet. The lease would also contain provision for termination in the event the de- partment is moved to city owned property. We request your approval to execute this lease amendment. Francis A. Murray Assistant City Manager Councilman Meyers moved that the request be approved and City Manager authorized to sign the Lease Amendment. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Meyers, Stackis, Nays—Mayor Justmann. Notice of Claim of Loras D. Coakley, in the amount of $114.30, for car damage incurred as the result of striking a protruding box on a power pole in center of block on 6th Street between Bluff & Lo- cust Streets on 9-30-75, presented and read. Mayor Justmann moved that the Notice of Claim be re- ferred to the City Attorney for in- vestigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of Joyce L. Tal- mo, in the amount of $21.11, for car damage incurred as the result of driving into a protruding metal grate in the street at 20th & Wind- sor on September 18, 1975, pre- sented and read. Mayor Justmann moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of Sr. Mary Thomas Eulberg, in an undeter- mined amount, for personal in- juries received in a fall on a de- fective sidewalk on W. 5th Street on September 30, 1975, presented and read. Mayor Justmann moved that the Notice of Claim be re- ferred to the City Attorney for in- vestigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. October 7, 1975 Honorable Mayor and City Council The City Attorney was hereto- fore directed by the City Council of the City of Dubuque, Iowa to institute Eminent Domain Proceed- ings to acquire a perpetual 20 foot easement and a temporary 50 foot easement in and through lands owned by John M. Sutton and Viola K. Sutton for the purpose of in- stallation, repair and maintenance of an 18 inch vitrified tile pipe sanitary sewer. The Sheriff's Jury commission- ers met on the 25th day of Septem- ber 1975 and entered an award in the total amount of $13,236.00 and in the opinion of the City At- torney said award should be paid. R. N. Russo City Attorney Adjourned Regular Session, October 7,1975 517 Councilman Stackis moved that I ager and Staff. Seconded by Coun- the recommendation be approved i Gilman Stackis. Carried by the fol - and City Auditor directed to issue lowing vote: proper warrant. Seconded by Mayor Ycas --- Mayor Justmann, Coun- Justmann. Carried by the following cilmen Brady, Lundh, Meyers, vote: Stackis. Yeas — Mayor Justmann, Coun- Nays --None. cilmen Brady, Lundh, Meyers, Petition of Insurance Women of Stackis. Dubuque, requesting the Mayor to Nays—None. AN ORDINANCE amending Or- sign a proclamation, proclaiming the last week of October "Safe- dinance No. 3349 known as the as ty on the Streets Week," presented "Traffic Code of Dubuque, Iowa," I and read. Councilman Meyers as amended by repealing Section moved that the petition be re. 7.5 thereof and enacting a new Sec- ceived and filed and the week so tion 7.5 in lieu thereof requiring proclaimed. Seconded by Mayor a driver of a vehicle involved in Justmann. Carried by the follow - an accident to give notice of such ing vote: accident to the office of the Chief Yeas — Mayor Justmann, Coun- of Police when the apparent total cilmen Brady, Lundh. Meyers, property damage is Two Hundred Stackis. and Fifty Dollars or more, present- Nays—None. ed and read. Councilman Meyers Petition of George & Mary Lou moved that the reading just had be considered the first reading of Sorensen, requesting a refund of the Ordinance. Seconded by Coun- $422.50 on unexpired portion of Beer -Liquor License No. 2166, dis- cilman Stackis. VOTE ON THE MO- continued business on September TION WAS AS FOLLOWS: Yeas — Councilmen Lundh, g, 1975, presented and read. Coun- Meyers, Stackis. cilman Stackis moved that the re - Nays — Mayor Justmann, Coun- fund be granted and City Auditor directed to issue proper warrant. cilman Brady. Councilman Meyers moved that Seconded by Councilman Lundh. the rule requiring an Ordinance Carried by the following vote: to be received and filed at two Yeas — Mayor Justmann, Coun- meetings prior to the meeting cilmen Brady, Lundh, Meyers, when final action is taken, be dis- Stackis. pensed with. Seconded by Council- Nays—None. man Stackis. VOTE ON THE MO. Proof of Publication, certified to TION WAS AS FOLLOWS: by the Publisher, of Notice to Con - Yeas — Councilmen Lundh, tractors of Receipt of Proposals Meyers, Stackis. for the construction of 5th Street Nays—Mayor Justmann, Council- Parking Lot, presented and read. man Brady. Councilman Meyers moved that the Councilman Meyers moved final proof of publication be received adoption of the Ordinance. Second- and filed. Seconded by Councilman ed by Councilman Stackis. VOTE Stackis. Carried by the following ON THE MOTION WAS AS FOL- vote: LOWS: Yeas — Mayor Justmann, Coun- Yeas — Councilmen Lundh, cilmen Brady, Lundh, Meyers, Meyers, Stackis. Stackis. Nays—Mayor Justmann, Council- Nays—None. man Brady. October 2, 1975 REQUIREMENT OF 3'4 VOTE Honorable Mayor NOT ACHIEVED FOR PASSAGE. and City Council instructions, TRIS WAS CONSIDERED THE FIRST READING OF THE ORDI. Pursuant to your sealed proposals were received un- NANCE. til 10:00 am. D.S.T., Thursday, Oc- Petition of Floyd D. Berendes, requesting tober 2, 1975 for the construction the Fifth Street Parking Lot. vacation of Jansen Street abutting his property, ap- of The low bid was submitted by proximately 400' west of Shiras Tschiggfrie Excavating Company with a bid of Avenue, presented and read. Coun- cilman Meyers moved that the of Dubuque, Iowa $19,457.92. This is 1.1% over the pe- tition be referred to the City Man. Engineer's Estimate. 518 Adjourned Regular Session, October 7, 1975 I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating Com- pany. Gilbert D. Chavenelle City Manager 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, Meyers, Stackis. Nays—None. (Awarding Contract) RESOLUTION NO. 364.75 WHEREAS, sealed proposals have been submitted by contractors for the Fifth Street Parking Lot pursuant to Resolution No. 332.75 and notice to bidders published in a newspaper published in said City on September 15, 1975 and Sep- tember 22, 1975; and WHEREAS, said sealed propos- als were opened and read on Oc- tober 2, 1975, and it has been de- termined that the bid of Tschigg- frie Excavating Company of Du- buque, Iowa in the amount of $19,457.92 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the: plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen 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 Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—Councilman Brady. RESOLUTION NO. 365.75 Authorizing the Execution of An Annual Contributions Con- tract With the United States of America. WHEREAS, under date of Sep- tember 18, 1975, an application for a Section 8 Housing Assistance Payments Program for 175 units of existing housing was approved for the City of Dubuque; and WHEREAS, under date of Sep- tember 25, 1975, an application for the conversion of a Section 23 Housing Assistance Payments Pro- gram to a Section 8 Housing As- sistance Payments Program for 74 units of existing housing was ap- proved for the City of Dubuque; and WHEREAS, under date of Sep- tember 26, 1975, an Annual Con- tributions Contract identified as Master Section 8 Annual Contri- butions Contract No. KC -9004 cov- ering the above identified projects was tendered the City of Dubuque by the United States of America; and WHEREAS, this Contract super - cedes an Annual Contributions Con- tract for a Section 23 housing As- sistance Payments Program autho- rized to be executed by the City of Dubuque on May 5, 1975; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Master Sec- tion 8 Annual Contributions Con- tract No. KC -9004 is hereby ap- proved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the said Contract on behalf of the City of Dubuque. SECTION 2. The. Director of the Department of Community Devel- opment is hereby authorized and directed to submit in the required number of copies, 111e executed Contract to the Government togeth. er with such other documents evi- dencing the approval and autho- rizing the execution and implemen- Adjourned Regular Session, October 7, 1975 tation of such Contract as may be required. passed, approved and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Re- ceipt of Bids for Ambulance, pre- sented and read. Councilman Stack - is moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. October 3, 1975 Honorable Mayor and City Council Attached is a letter from Chief Robert N. Dunphy recommending the purchase of a modular unit ambulance from Environmental Safety Products, Incorporated. This firm was low bidder at a cost of $22,900. We are recommending a slight modification from the speci- fications, which will reduce the cost of the unit to $21,900. You are requested to approve a Resolution authorizing the City Manager to proceed with the pur- chase of this piece of equipment. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh,, _Meyers, Stackis. Nays—None. (Awarding Contract) RESOLUTION NO. 366-75 WREREAS, sealed proposals 519 have been submitted by contrac- tors for the furnishing of an Am. bulance Type 1 Vehicle Class 1, Conventional Cab Chassis with modular ambulance body pursuant to direction of notice to bidders Published in a newspaper pub- lished in said City on September 8, 1975 and September 15, 1975; and WHEREAS, said sealed proposals were opened and read on Septem- ber 24, 1975, and it has been de. termined that the bid of Environ. mental Safety Products. Inc. of Ke- nosha, Wis. in the amount of $21,900.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Environmental Safety Prod- ucts Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un. successful bidders. Passed and adopted this 7th day of October, 1975, C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION N0. 367.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE i1Rof E - SOLVED by 520 Adjourned Regular Session, October 7. 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 "C" BEER PERMIT Nash Finch Company—Warehouse Market, John F. Kennedy, Hwy 20 West Passed, adopted and approved this 7th day of October 1975. C. Robert. Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—Nene. RESOLUTION NO. 368.75 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 following named applicants a Beer Permit. CLASS "C" BEER PERMIT Nash Finch Company, Warehouse Market, John F. Kennedy, Hwy 20 West Passed, adopted and approved this 7th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 369.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- 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 Merlin F. Heiar, 1900 Washington Street Passed, adopted and approved this 7th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the. resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --None. RESOLUTION NO. 370.75 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 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. Adjourned Regular Session, October 7, 1975 521 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Merlin F. Heiar, 1900 Washington Street Passed. adopted and approved this 7th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Attorney Dan- iel P. Ernst, requesting that cer- tain real estate in T. McCraney's Second Addn., which forms a por- tion of the right-of-way of high Bluff Street be vacated, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 371.75 H'HEREAS, plat dated October 7, 1975, prepared by Bartels, Mc- Mahan, LeMay, Haas & Fay Engi. neering Co. of that portion of va- cated High Bluff Street which has been platted and shall hereinafter be described as: 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 feel 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 northwesterly 25 feet of Lot 22; and Lot 2 of the subdivi- sion of the northerly or north- westerly 25 feet of Lot 21, all in "T. McCraney's Second Ad- dition to Dubuque" in the City Of Dubuque, Iowa, according to the recorded plat thereof; 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 Dubuuque, Iowa: Section I. That the plat dated October 7, 1975, prepared by Bar. tels, McMahan. LeMay, Haas '& Fay Engineering Co. covering the real estate hereinabove described be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby author- ized and directed to execute said Plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommell City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. 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 North- erly or Northwesterly 25 feet of Lot 25; Lot 2 of the Subdivision of the Northerly or Northwest. erly 2S 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 Northwesterly 25 feet of Lot 22 and Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 21 all in "T. McCraney's Second Addition to Dubuque" in the City of Dubuque, Iowa, according to the Recorded Plat thereof, pre- sented and read, 522 Adjourned Regular Session, October 7, 1975 Mayor Justmann 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, Meyers, Stackis. Nays—None. Mayor Justmann moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. ORDINANCE NO. 41.75 WHEREAS, Bethany Home has peti- tioned the City Council of the City of Dubuque, Iowa for the vacation of that portion of High Bluff Street, platted and described as follows: Lot 2 of the subdivision of the north- erly 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 northerly or northwesterly 25 feet of Lot 23; Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 22 and Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 21 all in "T. McCraney's Second Addition to Dubuque" in the City of Dubuque, Iowa, according to the recorded plat thereof; sad WHEREAS the City Council of the City of Dubuque, Iowa determines that said portion of High Bluff Street should be vacated, as it no longer serves any public purpose. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That that portion of High Bluff Street hereinabove described be and the same is hereby vacated as it no lunger serves any public purpose. Passed, approved and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leu F. Frommelt City Clerk Pub'ished officially in the Telegraph Herrld Newspaper this loth day of Octo- ber, 1975. Leo F. Frommelt City Clerk It. 10-10, Mayor Justmann moved final adoption of the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 372.75 WHEREAS, The City of Du- buque, Iowa is the owner of real estate which real estate has been platted and shall hereinafter be described as: 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 northwesterly 25 feet of Lot 22; and Lot 2 of the sub- division of the northerly or northwesterly 25 feet of Lot 21, all in "T. McCraney's Sec- ond Addition to Dubuque" in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof; and WHEREAS, Bethany Home has made an offer to purchase said real estate: and WHEREAS, the City Council of the City of Dubuque, Iowa has ex- amined said offer to purchase said real estate and finds that the sale of same should be approved; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the sale of the hereinabove described real estate owned by the City of Dubuque, Iowa to Bethany Home be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as pro. vided by law and in accordance with this resolution to Bethany Home for the sum of $50.00 togeth- er with costs of publication and Adiourned Regular Session, October 7, 1975 523 that the grantee shall assume and pay for any expenses in connection with maintenance and repair of the property herein conveyed and that no abstract will be furnished and conveyance shall be by Quit Claim Deed. Passed, approved and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution and date of hearing be set for October 17, 1975 at 4:30 o'clock P.M. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Lundh moved that the City allocate $250.00 toward the purchase of sign over the overpass on Highway #20 to match fund allocated by the County. Secondek by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers/ Stackis. Days—None. At 9:20 P.M. Councilman Stackis 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, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays—None. COUNCIL RECONVENED IN REGULAR SESSION AT 9:45 P.M. Mayor Justmann announced the following appointments: Mrs. Judy Reilly to the Youth Services Board of Directors; Paul L. Britt, replacing George Dein- inger on the Transit Trustees Board for the unexpired term ex- Pining 730-77; Paul Rossiter (par. 7), Donald Hingtgen (par. 2), Chris Iteisch (Par. 9), James J. Tully (par. 5), Al Chidley (par. 10), Charlotte Helly (par. 8), Walter Holl (par. 10), Vince Kuepe.r (par. 9), and Mike '.Meloy (par. 9) to the newly formed Rehabilitation Housing Commis- sion. Councilman Lundh moved ratification of the appointments. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved January 26, 1976 Adopted January 26, 1976 City Clerk 524 Special Session, October 13, 1975 CITY COUNCIL OFFICIAL Special Session, October 13,197S. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Invocation was given by Dr. Rob- ert Giroux of Clarke College. 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 Mayor Just - mann submitting copy of letter sent to Scovill Manufacturing Co., dated August 8, 1975, indicating a desire to promote Caradco's welfare, along with a press release dated October 13, 1975, that Caradco Window & Door Division of Sco- vill announced plans for expansion in Rantoul, Illinois, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Ecumenical Housing Inc. inviting the Mayor to participate in the dedication ceremony of the new Ecumenical Tower on Sunday, November 9th, and requesting the Mayor to de- clare week of November 2 thru 9th as "Ecumenical Tower Week," presented and read. Councilman Stackis moved that the communi- cation be received and filed and Mayor so declare week of Nov. 2 to 9th as "Ecumenical Tower Week." Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Playground & Recreation Commission submitting minutes of their meeting of Sep- tember 8, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. See. onded by Councilman Meyers. Car. ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Board of Dock Commissioners submitting minutes of their meeting of Oc. tober 1, 1975, presented and read. Councilman Stackis moved that the minu'es be received and filed. Sec. onded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dock Com- mission submitting lease proposed to be entered into between the Du. buque Barge & Fleeting Service Company and the Dock Commis- sion, and requesting proper legal procedure, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council. man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 373.75 WHEREAS, a proposed form of lease between the City of Du- buque, Iowa by and through Its Board of Dock Commissioners and Dubuque Barge and Fleeting Ser- vice Corporation, an Iowa corpora- tion has been negotiated; and WHEREAS said proposed lease has been transmitted to the City Council for public hearing, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the proposed form of lease by and between the City of Dubuque, Iowa by and through its Board of Dock Com- missioners and Dubuque Barge and Fleeting Service Corporation, an Iowa corporation be set for public hearing and that the City Clerk be and he is hereby directed to pub- lish notice of public hearing on said proposed lease as required by law. Special Session, October 13, 1975 525 Passed, approved and adopted this 13th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution and the pub- lic hearing be set for October 27, 1975, at 7:30 P.M. in the Council Chambers at City Hall. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Julien Du- buque Chapter Daughters of the American Revolution, being against a tri -color bridge, requesting for- mer Council action to be recon- sidered, presented and read. Coun- cilman Stackis moved that the com- munication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of John Gronin- ga of Mason City, Iowa, requesting reconsideration of decision to paint the Julien Dubuque Bridge red -white -and -blue, and seek a col- or more compatible with the sur- rounding beauty, presented and read. Councilman Stackis moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Mayor Justmann moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays -_None. JoAnn Smith spoke to Council as being in favor of the red -white -and. blue bridge. Shirley Moody, as rep- resentative of an organized group, addressed Council as being against the tri -color bridge. Councilman Brady moved to ad. vise D.O.T. we would choose to stand for a tri -color bridge until a City referendum could be held. Seconded by Mayor Justmann. Vote on the motion was as follows: Yeas — Mayor Justmann, Coun- cilman Brady. Nays—Councilmen Lundh, Mey- ers, Stackis. MOTION FAILED. Councilman Lundh moved to re- consider previous motion and we advise D.O.T. that the bridge be painted in the normal manner. See- onded by Councilman Stackis. (Mo- tion ruled out of order) Councilman Stackis moved to re- ject painting Julien Dubuque bridge Red -White -and -Blue and ad- vise D.O.T. accordingly. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Councilmen Lundh, Mey- ers, Stackis. Nays — Mayor Justmann, Coun- cilman Brady. Communication of Iowa Depart- ment of Environmental Quality sub- mitting a statement of policy to all owners of Waste Disposal Sys- tems and persons intending to con, struct or expand Waste Disposal Systems, presented and read. Coun- cilman Stackis moved that the com. munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque His- toric Preservation Advisory Board stating that a definite and distinct responsibility to restore and pre- serve many Dubuque buildings of historical value exists, and request a review of Council Resolution No. 89.75 to determine within what scope they should be operating, presented and read. C. George Biasi and Dan Dittemore addressed Council and stated they would like to make pointed recommendations to the Council and the Key Word is "Preservation." Councilman Brady moved that the communi- cation of Dubuque Historic Preser- 526 Special Session, October 13, 1975 vation Advisory Board be received and filed and the D.H.P.A.B. be charged by the City Council to study activities of other commun- ities in regard to Historical Pres- ervation, and further charge the Board to prepare recommenda- tions, goals and direction of the Board and Ordinances affecting the work of the Board and advise the Council of its findings. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Local 94, UAW requesting an Ordinance to contain that the package of every consumer commodity offered for retail sale shall bear the price of such commodity in Arabic Num- bers and the price shall be large enough to be readable and shall not be in code to conform to the idea of their Consumer Affairs Committee, presented and read. Pat Dillon of UAW, Local 94, Jim Harrison and Loras Amling addressed the Council and urged them to adopt an Ordinance on unit price coding; Against Unit Pricing; Items purchased be marked by Arabic Numbers; and Items be individually marked. Ma- yor Justmann moved that the com- munication of Local 94, UAW be referred to the Citizens Advisory Committee for expeditious han- dling and also refer to the City Solicitor to check into legal rami- fications and report findings to the Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Mayor Just - mann requesting that Bunker Hill be open for snowmobiles at a fee equal to green fees charged during the golf season, presented and read. Edward Jenni of Fairway Drive, addressed the Council as having no objections to the use of Bunker Hill for snowmobiles, but requested a time limit be set for 10:00 P.M. Councilman Stackis moved that the communication of Mayor Justmann be referred to the Recreation Department for inves- tigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of City Engineer submitting copies of proposed Arti- cles of Agreement establishing the Dubuque Metropolitan Area Trans- portation Study (forward from last meeting), presented and read. Councilman Brady moved to ad. vise D.M.A.T.S. that all 5 Coun- cilmen be placed on the Commit- tee. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. October 7, 1975 Honorable Mayor and City Council I am returning to you the peti- tion for additional street lighting in Arbor Oaks Subdivision. The proposal has been reviewed by the City Electrical Inspector and it is recommended that seven 175 watt mercury vapor fixtures on the developer's metal standards be installed at the following loca- tions: 1. Between 3116 and 3110 Spring Valley Road 2. Between 3090 and 3080 Spring Valley Road 3. Between 3060 and 3050 Spring Valley Road 4. Between 2990 and 3001 Arbor Oaks Drive 5. Between 3049 and 3051 Arbor Oaks Drive 6. Between 2955 and 2920 Arbor Oaks Court 7. Between 3094 and 3100 Oak View Court Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication to the City Man- ager from the Housing Inspector, Special Session, October 13, 1975 527 also from the Rehabilitation Super- visor, submitting a report. of the findings of the property at 744 West 8th Avenue, 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, Meyers, Stackis. Nays—None. Notice of Claim of Karl Feye, in an undetermined amount, for personal injuries received In a fall on a defective sidewalk at 285 N. Grandview Ave. on September 23, 1975, presented and read. Ma. yor Justmann moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of Janet Demp- sey, in an approx. amount of $W, for property damage incurred as the result of a sewer back-up in the basement of her home at 1908 Ellen Street on October 5, 1975, presented and read. Mayor Just - mann moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. AN ORDINANCE amending Or- dinance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 7.5 thereof and enacting a new Section 7.5 in lieu thereof requir- ing 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 Hun- dred and Fifty Dollars or more; Bald Ordinance having been pre- viously presented and read at the Council meeting of October 7, 1975, Presented and read. Councilman Stackis moved that the reading Just had be considered the second reading of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. AN ORDINANCE amending Or- dinance No. 181 by repealing Sec. tion 7 thereof and Section 9 there- of and enacting a new Section 7 and a new Section 9 in lieu there- of, respectively, defining the Pow- ers, and Duties of the Dubuque Dock Board, presented and read. Councilman Stackis moved that the Ordinance be tabled to the next Council meeting. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. AN ORDINANCE authorizing James R. Kisting to construct a chain barricade at 535 Hill Street, presented and read. NO ACTION TAKEN ON ORDINANCE, AGREED TO CLOSE UP CURB CUT. Petition of Carl W. Thumser at al, requesting the extension of sew- er facilities on the south side of J.F.K. Road north to 32nd Street and the extension be to the rear of their properties, presented and read. Mayor Justmann moved that the petition be referred to the City Manager and Staff. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun• cilmen Brady, Lundh, Meyer, Stackis. Nays—None. Petition of St. Columbkille's School submitting a course of ac- tion to eliminate the traffic hazard on Bryant & Grandview by painting the curb yellow; use a portable stop sign; establish a 15 mile per hour speed limit in the area all the way down to Bryant and Dodge; an adult supervisor in some type of uniform, presented and read. Mayor Justmann moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Stackis. Carried by the following vote: Yeas —Mayor Jusndhan Meyers, oilmen Brady, Lun Stackis. Nays --Now. 528 Special Session, October 13, 1975 Petition of Mrs. Helen Pfalzgraf et al, residents at 1660 and 1690 Asbury Rd., being cognizant of the recent new zoning ordinance, have found that area surrounding their properties are classified as Com- mercial, while their homes are not, and requesting reinstatement to the Commercial Zoning Classifica- tion, presented and read. Mayor Justmann moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Verbal petition by John Grau, from the 11th Street Neighborhood Association, requesting blocking off Alice Street between Wilbur Street and W. 11th St. for four hours on Sunday, October 26th P.M., for a block party, presented. Mayor Justmann moved that the request be approved and refer to City Manager for implementation. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Hempstead Student Government requesting permission to conduct their Homecoming Pa- rade on October 24, 1975, present- ed and read. Mayor Justmann moved that the request be ap- proved and referred to the City Manager for implementation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Petition of Duane Koeller re- questing a refund of $211.25 on the unexpired portion of Beer -Liq- uor License, discontinued business on May 28, 1975, presented and read. Mayor Justmann moved that the refund be granted and the City Auditor directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 374.75 WHEREAS, proposed plans and specifications and form of contract for the San Jose swimming pool parking lotand access sidewalk have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 362.3 of the Code of Iowa, 1975, pertaining to pub- lic 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 13th day of Octo- her, 1975; and WHEREAS, the City Council met in special session this 13th day of October, 1975, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering 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 con- sidered; 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. Special Session, October 13, 1975 529 Passed, adopted and approved this 13th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers. Nays — Councilmen Brady, Stackis. October 10, 1975 Honorable Mayor and City Council The City Council, on September 15, 1975, adopted a Resolution rela- tive to the environmental review findings for the parking lot to be constructed at the San Jose Swim- ming Pool. This Resolution stipu- lated that the City Clerk publish a notice stating that there was no significant environmental impact relative to construction of this facility. The public was given 15 days to respond. No written com- ments relative to the publication have been received. Regulations of the Community Development Act are that after the publication, the applicant must publish a notice relative to the project in a local newspaper stat- ing that the applicant will be ap- plying for the funds. After five days the City can proceed to make application for the funds. In the application for the funds our documents are required: 1) re- quest for release of funds; 2) certi- fication form to be signed by the Mayor; 3) statement of the City Attorney; 4) certification of the City Clerk. Copies of these docu- ments are enclosed. We are, therefore, requesting that you adopt a Resolution which will authorize the City Clerk to Publish a public notice for release Of funds and authorize the Mayor, City Attorney and City Clerk to sign the necessary documents for the application of the funds. Francis A. Murray Assistant City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Lundh, Meyers. Nays — Councilmen Brady, Stackis. RESOLUTION NO. 375-75 Authorizing Submission of a Re- quest for Release of Certain Funds for the San Jose Swim- ming Pool Parking Lot and Ac- cess Walk WHEREAS, the City of Dubuque under applicable provisions of the Housing and Community Develop- ment Act of 1974, has completed the Environmental Review and Clearance Procedures with respect to a Project identified as the San Jose Swimming Pool Parking Lot and Access Walk Project; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified Project, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Environ- mental Review record for the San Jose Swimming Pool Parking Lot and Access Walk Project shall con- tinue to remain on file in the Of- fice of the City Clerk, where the said record may be examined and copied by any interested party. SECTION 2. That the Mayor of the City of Dubuque is hereby au- thorized and directed to submit to the U.S. Department of Housing :ind Urban Development on the 22nd day of October, 1975, a re- quest for release of funds to un- dertake the said Project. SECTION 3. That the Mayor of the City of Dubuque is hereby au- thorized to consent to assume the status of a responsible Federal of- ficial under the National Environ- mental Protection Act, insofar as the provisions of the said Act ap- ply to the U. S. Department of Housing and Urban Development's responsibilities for review, deci- sion-making, and action assumed and carried out by the City of Du buque as to environmental issues. SECTION of Dubuque i8 hereby the City of au- 530 Spccial Session, October 13, 1975 thorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision- making and action. SECTION 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a Certification pertaining to the Environmental Review and Clearance Procedures. SECTION 6. That the City Clerk be and he is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 13th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental review and clearance requirements for the Community Development Block Grant Program, the City of Dubuque intends to file a request for Release of Funds on October 22, 1975, in amount of $21,000.00 and for Certification of a Project Identified as the San Jose Swim- ming Pool Parking Lot and Access Walk Project to be undertaken with funds made available under Title I of the Housing and Com- munity Development Act of 1974. The Project includes the con- struction of a hard -surfaced park- ing lot with eight inches of stone base and two inches of asphaltic material. The Project also includes a five-foot concrete walk extend- ing from the parking area to the swimming pool facility. The park- ing lot will contain concrete bump- ers and an asphalt curb. Off-street parking for not less than 28 vehi- cles will be provided. The City of Dubuque has made an Environmental Review record for the Project, and has placed this record on file in the office of the City Clerk in City Hall, 13th and Iowa Streets, Dubuque, Iowa, where said record may be exam- ined/copied between the hours of 8:00 AM and 5:00 PM, CDT, Mon. day through Friday until 5:00 PM on the 4th day of November, 1975. The name of the applicant is the City of Dubuque, Iowa: the name of the applicant's chief officer is C. Robert Justmann, Mayor; and the address of both is City Hall, 13th and Iowa, Dubuque, Iowa 52001. The City of Dubuque will under- take the Project described above with Block Grant funds from the U. S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Com- munity Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Dubuque and C. Robert Justmann, in his of- ficial capacity as Mayor, consent to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental re- views, decision making, and action; and that these responsibilities have been satisfied. The legal ef- fect of the certification is that upon its approval, the City of Du- buque may use the Block Grant funds and HUD will have satisfied its responsibilities under the Na- tional Environmental Policy Act of 1969. HUD will accept an objection to its approval of the release of funds and acceptance of the certi- fication only if it is on one of the following bases: (a) that the offi- cer of the applicant; or (b) that applicant's environmental review record for the Project indicates omission of a required decision, finding, or step applicable to the Project in the environmental re- view process. Objections must be prepared and submitted in accord- ance with the required procedure (24 CFR Part 58), and may be ad- dressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. Objections to the release of funds on bases other than those stated above will not be considered by HUD. No ob- jection received after the 4th day of November, 1975, will be con- sidered by HUD. 1 t. 10.14 Leo F. Frommelt City Clerk Special Session, October 13,1975 Mayor Justmann moved adop- tion of the resolution. Seconded i by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh. Meyers. Nays — Councilmen Brady, Stackis. September 10, 1975 Honorable Mayor and City Council I hereby submit the East 16th Street water main extension across the E. 16th Street Bridge to Area "C" of Industrial Park. Submitted October 13, 1975. John L. White, P.E. City Engineer 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 376.75 Preliminary Estimate, and ap- 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, in the es- timated amount of $53,086.00, pre- sented and read. Councilman Stackis moved adoption of the res- olution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. (Necessity for improvement) RESOLUTION NO. 377.75 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: I. The water main to be extended. 2. The size and kind of water main. 3. An estimate of the cost of the proposed improvement, staling the same for each different type Of construction and kind of ma- terial to be used for the East 531 16th Street water main exten• cion across the E. 16th Street bridge to Area "C" of Indus- trial Park. 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, they shall be deemed to have waived all objec- tions 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 Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be pail out of the Dock Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 13th day of October, 1975. Approved and placed on file for final action. Approved: C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved ap- proval of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. (Fixing date of hearing) RESOLUTION NO. 378.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 376-75 given its pre- liminary approval on the proposed Plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the con - sUvction of: East 16th Street wa- 532 Special Session, October 13, 1975 ter main extension across the E. 16th Street Bridge to Area "C" of Industrial Park, and WHEREAS, the proposed reso. lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 3rd day of November, 1975. a public hearing will be held at 7:30 o'clock P.M. CST in the Council Chamber in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, and to the passage of the proposed Resolution of Ne- cessity 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, prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections, 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 deci- sion thereon. Passed, adopted and approved this 13th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 379-75 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 Groves Kelco, Inc., Nabors Drug, 1920 Elm Street Passed, adopted and approved this 13th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --None. RESOLUTION NO. 380.75 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 1T 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 Groves Kelco, Inc,, Nabors Drug, 1920 Elm Street Passed, adopted and approved this 13th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Special Session, October 13,1975 533 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, I.undh, Meyers, Stackis. Nays—None. Mayor Justmann moved that the "Handgun Control Proceedings" presented by the Mayor, be re- ferred to the Citizens Advisory Commission. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Ye.as — Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, I.undh. Meyers, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved January 26, 1976 Adopted January 26, 1976 City Clerk Special Session, October 17, 1975 CITY COUNCIL OFFICIAL Special Session, October 17, 1975. Council met at 4:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Absent --Councilman Meyers. Mayor Justmann read the call and stated that service. thereof had been duly made and this Meet- ing is called to CONSIDER A PRO- POSAL TO DISPOSE OF INTER. EST IN A VACATED PORTION OF HIGH BLUFF STREET TO BETHANY HOME, and acting upon such other business as may prop- erly come before a Regular Meet- ing of the Council. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to consider proposal to dispose of interest in the following described real estate to Bethany Home: Lot 2 of the subdivision of the Northerly or Northwesterly 25 feet of Lot 25; Lot 2 of the sub- division of the northerly or north- westerly 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 northwesterly 25 feet of Lot 22; and Lot 2 of the subdi- vision of the northerly or north- westerly 25 feet Lot 21, all in "T. McCraney's Second Addition to Dubuque" in the City of Dubuque, Iowa, according to the recorded plat thereof, 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 Just - mann moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 381.75 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 Oc- tober 10, 1975, the City Council of the City of Dubuque, Iowa met on October 17, 1975 at 4:30 o'clock P.M. (Central Daylight Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the pro- posal to dispose of interest of the City of Dubuque, Iowa in real es- tate, hereinafter described, to Beth- any Home; 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 City of Du- buque, Iowa in the hereinafter de- scribed real estate to Bethany Home; NOW THEREFORE 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 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 Subdivi- sion of the Northerly or North- westerly 25 feet of Lot 23; Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 22; and Lot 2 of the Subdivision of the Norther- ly or Northwesterly 25 feet of Lot 21, all in "T. McCraney's Second Addition to Dubuque" in the City of Dubuque, Iowa, according to the recorded plat thereof to Bethany Home for the sum of Fifty ($50.00) Dollars and costs of publication, that no abstract of title will be furnished, conveyance will be by Quit Claim Deed and that the grantee shall assume and pay for any expense in connection with maintenance and repair of the property herein conveyed. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of con- veyance conveying the above de- scribed real estate to Bethany Home upon receipt of the purchase price in full. Spacial Session, October 17, 1975 rr 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 171h day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady 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. Nays—None. Absent—Councilman Meyers. There being no further business, Mayor Justmann moved to adjourn. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Meyers. Leo F. Frommelt City Clerk Approved January 26, 1976 Adopted January 26, 1976 Clerk City 536 Speci.I I Session, October 20, 1975 CITY COUNCIL OFFICIAL Special Session, October 20, 1975. Council met at 7:30 P.M. (C.D.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Invocation was given by Rev. Francis Friedl, President of Loras College. 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 A RESOLUTION ES- TABLISHING A COMMUNITY DE. VELOPMENT COMMISSION and acting upon such other business as may properly come before a reg- ular meeting of the Council. Communications from members of Iowa D.O.T., Les Holland and Allan T. Thorns, expressing "Thanks" to the Council for the kind hospitality extended to the Legislative Visitation Committee while in the City, October 6th & 7th, presented and read. Council- man Stackis moved that the com- munications be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of James C. Clark et ux, of Galena, Ill., voicing their objection to painting the Julien Dubuque Bridge red, white and blue, presented and read. Coun- cilman 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, Meyers, Stackis. Nays—None. Communication of Edna L. Moss of Freeport, Illinois, being in favor of a red, white and blue Dubuque - East Dubuque Bridge, 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, Meyers, Stackis. Nays—None. Copy of communication from Na- tional Resources Council, submit- ted to Colonel Lycan, Rock Island District Engineer, advising that the Council has approved an applica- tion of the City and County for a flood plain information study along Catfish Creek and the Little Ma- quoketa River, presented and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Peoples Nat- ural Gas advising of an increase in rates November 19th of 12.720 per thousand cubic feet, reflecting only the increase of the cost of gas made effective by Northern on October 27th, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the City Man- ager and City Attorney. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. October 17, 1975 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Direc- tor, Water Superintendent, Health Department, and a list of claims paid, for the month of September 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. October 16, 1975 Honorable Mayor and City Council Some weeks ago the Council asked about plans and design for Special Session, October 20, 1975 537 rebuilding the Madison Street tive for the City. Seconded by steps. Councilman Brady. Carried by the I have talked to John White following vote: about the work and he recommends Yeas — Mayor JuAmann, Coun. that we employ an outside consult- cilmen Brady, Lundh, Meyers, ing engineer and architect. Stackis. I should like to contract for the Nuys—None. design. May I have your approval Communication of Planning do to go ahead. Zoning Commission submitting Gilbert D. Chavenelle minutes of their meeting of Octo- City Manager her 15, 1975, presented and read. Councilman Brady moved that Councilman Lundh moved that the the communication be received minutes be received and filed. See. and filed and referred to City En- onded by Councilman Meyers. Car- gineer. for report back to Council. I ried by the following vote: Seconded by Councilman Meyers. Yeas — Mayor Justmann, Coun- Carried by the following vote: cilmen Brady, Lundh, Meyers, Yeas — Mayor Justmann, Coun- Stackis. cilmen Brady, Lundh, Meyers, Nays--None. Stackis. Councilman Lundh moved that Nays—None. the Board of Zoning Adjustment October 16, 1975 Commission be directed to study Honorable Mayor and Members Ordinance No. 32-75 for revision, of the City Council to provide direct mail notification I have approved the filing of the to those people affected by rezon- General Liability policy of William ing of adjacent property, as stand- Spiegel, d/b/a Spiegel Construction and procedure. Seconded by Coun- Co. being policy No. BCP 307257, cilman Meyers. Carried by the fol- effective 8-5.75 and expiring 8-5-78. lowing vote: Approval as to content has also Yeas — Mayor Justmann, Coun- been approved by the City Attor- cilmen Brady, Lundh, Meyers, Rey Stackis. May we ask your approval for Nays—None. filing purposes. Communication of Rev. Marvin J. Gilbert D. Chavenelle Bries, President of Dubuque Girls City Manager Club Inc., submitting the name of Councilman Lundh moved that Alois Vogt as a designated repre- the communication be received and sentative of their Club to serve the Community Development filed and filing be approved. Sec- onded by Councilman Meyers. Car- on Block Grant Program, presented ried by the following vote: and read. Councilman Lundh moved Yeas --- Mayor Justmann, Coun- to suspend the rules to let anyone present address the Council if they cilmen Brady, Lundli, Meyers, so desire. Seconded by Councilman Stackis. Nays—None. Brady. Carried by the following October 16, 1975 vote: Yeas — Mayor Justmann, Coun- Honorable Mayor cilmen Brady, Lundh, Meyers, and City Council Stackis. Attached is a communication Nays—None. from the National League of Cities Bries addressed the Coun- about the designation of a voting An- Rev. relative to the communication delegate for the City at the nual Congress of Cities. cil and request. Council informed Rev. I understand that Councilman Bries that any organization receiv- Stackis will attend the meeting. ing funds from this Program was to have a representa- Will you please delegate him the not eligible voting representative of the City. tive on the Commission. that Gilbert 1). Chavenelle Councilman Lundh moved of Rev. Bries City Manager the communication and filed and request Councilman Lundh moved that the communication be received be received denied. Seconded by Councilman following and filed and Councilman Stackis Brady. Carried by the be delegated as voting representa- vote: 538 Special Session, October 20, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque Coun- ty Snowmobile Ass'n. submitting a proposal for rescue equipment and advice and requesting finan- cial assistance, presented and read. Eldon Wilwert of the association, spoke to the Council expressing the need for Emergency Equip- ment. Mayor Justmann moved that the communication of the Snowmobile Association be referred to the City Manager for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Tom Deter - man, President of the United Na- tions Association, requesting dec- laration that the week of October 19th thru 24th be proclaimed "United Nations Week" in Du- buque, presented and read. Coun- cilman Stackis moved that the communication be received and filed and the request approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Councilmen Brady, Lundh, Meyers, Stackis, Nays—Mayor Justmann. Communication of Donald Schute et al, submitting copies of letters sent to the A & P Store on Asbury Rd., appealing to them to clean up the area at the rear of their store, apparently little or no re- sults, praying for relief from the Council, presented and read. Coun- cilman Stackis moved that the com- munication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Communication of Dubuque Air- port Commission submitting min- utes of their meeting of October 9, 1975, presented and read. Coun- cilman Stackis moved that the min. utes be received and filed. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Brady moved that the City Clerk be authorized by the City Council, to spend an amount not to exceed $300 for the purpose of advertising to the citi- zens of Dubuque their need to in- form the City Clerk's office if they feel they have been missed in the recent Dubuque census. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Notice of Claim of Thomas V. Chapman, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk on the west side of White Street between 18th & 19th Street on September 8, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Attorney for investi- gation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --None. ORDINANCE NO. 42-75 An Ordinance amending Ordi- nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 7.5 thereof and enactin£ a new Section 7.5 in lieu thereof re- quiring a driver of a vehicle in- volved in an accident to give no- tice of such accident to the of- fice of the Chief of Police when the apparent total property dam- age is two hundred and fifty dollars or more, Said Ordinance having been pra viously presented and read at the Council Meetings of October 7, 1975 and October 13, 1975, present- ed for final adoption. ORDINANCE NO. 42.75 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REI'F.ALING SECTION 7.1 THEREOF AND ENACTING A NEW SECTION 7.3 IN LIEU Special Session, October 20, 1975 539 THEREOF REQUIRING A DRIV- ER OF A VEHICLE INVOLVED IN AN ACCIDENT TO GIVE NO- TICE 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 NOW THEREFORE BE IT ORDAIN - LI) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. That Ordinance No. 33- 49 known as the "Traffic Code of Du- buque, Iowa" as amended be and the same is hereby amended by repealing Section 7.1 thereof and enacting a new Section 7.1 in lieu thereof as follows: "SECTION 7.1 The driver of a vehicle involved in an accident resulting in injury to or death of any person or total proptery damage to an apparent extent of Two Hundred and Fifty Dollars or more shall, immediately, by the quickest means of communication, give notice of such accident to the Chief of Police. Every peace officer, who, in the regular course of duty, investigates a motor vehicle accident of which a report must be made as required in this sec- tion, either at the time of and at the scene of the accident or thereafter by interviewing witnesses, shall within twenty-four hours after completing such an investigation, file a written report of such accident." Passed, approved and adopted this 20th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Published oficially in the Telegraph Herald Newspaper this 24th day of Octo- ber, 1971. Leo F. Frommclt Citv Clerk l t 10 24 Councilman Stackis moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas — Mavor Justmann, Coun- cilmen Lundh. Meyers, Stackis. Nays---Count•ilman Brady. ORDINANCE NO. 43-75 AN ORDINANCE PROHIBITING THE DRIVING, PARKING OR STORING OF MOTOR VEHIC. LES IN, ON OR OVER THE EARTHEN DIKES OF THE DU. BUQUE FLOODWALL AND PROVIDING FOR PENALTY FOR VIOLATION HEREOF, Presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Councilman Meyers moved that the rule requiring an Ordinance to be received and filed at two (2) meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. 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 NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OT DUBUQUE, IOWA SECTION I. That the operator of any motor vehicle is hereby prohibited from driving in, on or upon, parking or stor- ing any motor vehicle on the slopes and on the earthen dikes of the Dubuque H dwall at the following designated areas of said floodwall, to -wilt Bicycle path from Shiras Avenue Ex- tension south it, Sixteenth Street IGth Street south to 12th Street; Area "A" dike area; Dove Harbor dike area; Fourth Street dike to Ice Harbor gates. SECTION 2. Any person, firm or corp- oration, violating the provisions of this Ordinance shall be guilty of misdemeanor and upon conviction shall be fined by the payment of One Hundred ($100.00) Dol- lars or imprisoned for thirty (30) days. passed, adopted and approved this 20th day of October, 1971C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James G Brady Donald R. Meyer' Councilmen ATTEST: Leo F. Fromntelt City Clerk 540 Special Session, October 20, 1975 Published officially in the Telegraph Herald Newspaper this 24th day of Octo- ber 1975. City Clerk It 10-24 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Lundh. Carried the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. AN ORDINANCE amending Or- dinance No. 181 by repealing Sec- tion 7 thereof and Section 9 there- of and enacting a new Section 7 and a new Section 9 in lieu there- of, respectively, defining the Pow- ers and Duties of the Dubuque Dock Board (Forward from Last Meeting), presented and read. Councilman Lundh moved that the Ordinance be referred to the City Manager for final perusal and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition for suspension of taxes due to infirmity of Harriet E. Frei - burger, submitted by the County and requesting approval by the City, presented and read. Councilman Lundh moved that the petition be received and filed and approved and City Clerk be authorized to execute. Seconded by Councilman Stackis, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Holy Trinity Catholic Church requesting a refund of $225. on the unexpired portion of Class "B" Beer Permit No. B-2766, discontinued business on October 13, 1975, presented and read. May- or Justmann moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. MATCHING RESOLUTION NO.390.75 Whereas, the City of Dubuque of Iowa, by resolution duly passed heretofore, has resolved that it will provide during the approved proj- ect period cash funds for the fol lowing Iowa Crime Commission project: Amount of Funds Title of Project Being Provided Police Training $61,92 Passed this 20th day of October, 1975. Grant Number 702-75-06-0000-21-03 C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays — None. RESOLUTION NO. 391-75 ESTABLISHMENT OF A COM- MUNITY DEVELOPMENT COM- MISSION FOR THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque is undertaking a Community De- velopment Block Grant Program to improve the quality of living prin- cipally for persons of low and moderate income; and WHEREAS, the City of Dubuque wishes to assure that a fair cross section of the residents of the City of Dubuque fully participate in the continuous process of budgeting, developing, monitoring and evalu- ating the Community Development Block Grant Program; and WHEREAS, it is deemed to be in the best interest of the City of Du- buque to create a Community De- velopment Commission to exercise such authority which may be grant- ed by the Council of the City of Dubuque; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Special Session, October 20, 1975 541 SECTION 1. That there is here• by created in the City of Dubuque, Iowa a Community Development Commission to be governed by the City Council of the City of Dubu- que. SECTION 2. That the Commun- ity Development Commission shall have and exercise that authority as set forth in Exhibit "A" which is attached hereto and made a part hereof. Passed, approved and adopted this 20th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" COMMUNITY DEVELOPMENT COMMISSION I. Purpose and Charge A. The purpose of the Com- munity Development Commission is to assure that a fair cross sec. tion of the residents of the City of Dubuque fully participate in the continuous process of budgeting, developing, monitoring and evalu- ating the Community Development Block Grant Program. B. The Community Develop- ment commission is charged with the development of a community development program based on identifiable community develop- ment needs and objectives through the involvement of residents likely to be affected by community de- velopment and housing activities, the private sector, and local gov- ernment for submission to the City Council for their considera- tion. The neighborhood organization in the community development or- ganizational structure is the basic grass-roots unit for analyzing, prob- lems, ob-lems, recommending objective, and suggesting program strategies. It is understood that the Community Development Commission will rely heavily on the neighborhood or- ganization input when developing and evaluating the total community development program. II. Membership Develop A. The Community ment Commission shall have a membership of not less than twen- ty-nine persons, and they shall be appointed by the City Council of the City of Dubuque for a period of three years. Nine of the initial appointments shall be for a one- year term, nine of such appoint- ments shall be for a term of two years, and the balance of such ap- pointments shall be for a term of three years. Upon completion of their term of office, members shall continue to serve in their full cap- acity until a successor has been duly appointed. The City Council shall solicit recommendations from representa- tive organizations before making said appointments. B. Membership of the Commun- ity Development Commission shall be limited to residents of the City of Dubuque. C. A vacancy caused by resig- nation or other reasons on the Community Development Commis- sion shall be promptly filled by the City Council of the City of Du- buque for the unexpired term of office in the manner prescribed in Section II. A. hereof. D. Members of the Community Development Commission shall at- tend at least 66%% of all regular- ly scheduled and held meetings within any twelve-month period. If any member does not attend the prescribed number of meetings, It shall constitute grounds, after hearing by the Community De- velopment Commission, for the Commission to recommend to the City Council that said member be replaced. E, No member of the Commun- ity Development Commission may be an employee of the City. F. Not more than one represen- tative from the same board or com- mission of the City of Dubuque may be a member of the commun- ity Development Commission at any one time. G. All members of the Com- munity Development Commission serveshall without ensation except forreimbursements ofauth- orized out-of-town travel expenses incurred in the discharge of their duties. H. The memDevelopment Commis - of the sion shall at all times include the following representation. 542 Special Session, October 20, 1975 1. Two representatives from each neighborhood organization that has been recognized by the City Council of the City of Dubu- que, located within a community development target area, upon the recommendation of the Depart- ment of Community Development, and one representative from each recognized neighborhood organiza- tion not included in a community development target area. 2. One union official 3. One elderly person 4. One housewife 5. One youth 6. One clergy 7. One handicapped person 8. One person from the legal profession 9. One person representing the business community 10. One person representing in- dustry 11. One person representing the arts 12. One person from organized labor (rank & file) 13. A member of the Advisory Committee to the Department of Social Services 14. A member of the Human Rights Commission 15. A member of the Low -Rent Commission 16. A member of the Rehabil- itation Commission 17. A member of the Planning & Zoning Commission 18. A member of the Dubuque Advisory Commission 19. A member of the Dubuque County Historical Society 20. A member of the League of Women Voters 21. A member of the Park Board 22. A member of the Play- ground and Recreation Commission The City Manager and the May- or or their designates shall serve as ex officio members of the Com- munity Development Commission. The City Council will review the membership on the Commission yearly to assure that it maintains a fair representation of the com- munity. I11. Organization A. The Community Develop- ment Commission shall maintain the following Standing Committees, each of which shall be responsible for but not limited to the areas hereinafter described. 1. Public Improvements Com- mittee This Committee will study the public improvement needs of the community on a geographic and/or neighborhood basis and establish improvement goals and priorities using such documents as the cap- ital improvement program, street improvement program, Victor Gru- en Plan and other programs and studies as they are applicable. 2. Citizen Participation & Infor- mation Committee This Committee is charged with initiating a public information and citizens involvement program in conjunction with the Community Development staff to A. Provide citizens with ade- quate information concerning the amount of finds available for pro- posed community development and housing activities, the range of ac- tivities that may be undertaken, and other program requirements. B. Provide an open-ended method of communication which systematizes the flow of informa- tion among the citizens, citizen groups, elected and appointed of- ficials. 3. Public Services Committee This Committee is charged with identifying the public service needs of the community on a geo- praghic and/or neighborhood bas- is, establishing goals, objectives and priorities regarding these ser- vices, and reviewing all funding requests for community develop- ment funds from public agencies in light of the identified needs. 4. Program Evaluation Commit- tee This Committe will study the progress of community develop- ment activities, assess the effec- tiveness of those activities and de- velop strategies to remedy defic- iencies. Overall the Program Evalu- ation Committee will review the community development program to assure that it reflects the basic goals of benefiting low and moder- ate income families and aiding in the elimination and prevention of slums and blight. B. Each of the Standing Com- mittees shall be composed of not less than five members to be ap- Special Session, October 20, 1975 543 pointed by the Chairman of the Community Development Commis sion. The Chairman of each Stand. ing Committee shall be named by the Chairman of the Commission. C. The Executive Committee in cooperation with the Department of Community Development shall prepare and submit alternative community development programs and program rationale to the Com- munity Development Commission for their discussion and evaluation. Final program recommendations shall be submitted by the Commis- sion to the City Council of the City of Dubuque for their consideration and approval. In the event the City Council dis- agrees with any or all the recom- mendations of the Community De- velopment Commission, the City Council will fully consult with the Commission prior to the submis- sion of any application to the U.S. Department of Housing and Urban Development. D. The Community Develop- ment Commission may adopt rules, bylaws and regulations governing its organization and procedures as may be deemed necessary and which are not in conflict with this document or any other resolutions and ordinances of the City of Du- buque. E. All programs, projects and the services to be performed by members of the Community Devel- opment Commission either singu- larly or as a Commission, must conform to the policies of the City of Dubuque and to applicable local state and federal laws, rules and regulations. F. Nothing in this organization- al structure prohibits or prevents any person or group of persons to informally or formally petition the Dubuque City Council or the city administration regarding the com- munity development program. N. Meetings A. The Community Develop- ment Commission shall hold an or. ganizational meeting on a date selected by the Mayor of the City of Dubuque and a reorganizational meeting annually thereafter. B. Each Standing Committee shall be appointed in not more than fourteen days after the or- ganization and/or reorganization of the Community Development Com- mission. C. The Community Develop- ment Commission shall file with the City Council a copy of the min- utes of each regular and special meeting of the Commission within ten working days after each such meeting. D. A majority of the Commis• sioners shall constitute a quorum for the purpose of conducting busi. ness and exercising such powers as delegated to them by the City Council. Action may be taken by the Community Development Com- mission upon a majority vote of the Commissioners present, un- less in any case the bylaws of the Commission shall require a larger number. V. Staff A. The Community Develop- ment Coordinator for the City of Dubuque shall act as Secretary of the regular and special meetings of the Community Development Commission and shall record all votes, keep a record of all proceed- ings of the Commission and per- form such other duties incident to the office of Secretary. B. The Community Develop- ment Department shall have gen- eral supervision of the administra- tion and affairs of the Community Development Commission, subject to the direction of the Commission. The Department shall maintain the records of the Commission and shall be charged with the overall management, administration and operation of all community devel- opment programs. Mavor Justmann moved adop- tion of the resolution. seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays — Councilman Stackis. October 14, 1975 Honorable Mayor and City Council This is to advise you that the Washington Street Traffic Divert- ers Project has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the ac- ceptance of the above named proj- ect. Gilbert D. ChaveneIle City Manager 544 Special Session, October 20, 1975 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. Nays — Councilman Meyers. FINAL ESTIMATE RESOLUTION NO. 382-75 WHEREAS, the contract for the Washington Street Traffic Divert- ers Project has been completed and the City Engineer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $16,134.92. That $0 of the cost thereof shall be assessable upon private prop- erty and $16,134.92 shall be paid from the Road Use Tax Fund 82- 5701-2311-00 Fund of the City of Dubuque. Passed, adopted and approved this 20th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays — Councilman Meyers. (A Resolution Accepting Improve. ment) RESOLUTION NO. 383.75 WHEREAS, the contract for the Washington Street Traffic Divert. ers Project has been completed and the City Manager has examin ed the work and filed his certifi• este stating that the same has been completed according to the term., of the contract, plans and specifi. cations 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 Road Use Tax Fund. Passed, adopted and approved this 20th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays — Councilman Meyers. October 17, 1975 Honorable Mayor and City Council The Office of Planning and Pro- gramming for the State of Iowa has informed us that an additional $259,359 has been allocated to the City of Dubuque under Title VI of the Public Service Employment Program. This allocation is in ad- dition to $80,567 allocated to the City in January of 1975. The City of Dubuque has been designated as a Program Agent for the Office of Planning and Programming for both CETA Title II and CETA Title VI. Consequently we are submit- ting to you a contract that will amend the contract signed by the City in January 1975 to identify the planned expenditure of the additional $259,359. Under the CETA Program signed in December of 1973, there are many different titles whereby the City is eligible for public assistance funds. In January of 1975 the City signed a contract with the Office of Planning and Programming for administration and operation of Title VI for funds of $80,567. At that time 8 employees were placed in City employment; 5 of these employees were funded through June 30, 1976 and three through January 1, 1976. Special Session, October 20, 1975 545 In September funds became available under Title Il which is related to conditions when unem ployment in the community ex- ceeds 61z'; . The amount of funds available between September and June 30, 1976 was $78,602. At that time we contacted local agencies in the City and made arrangements for employment of 15 people. With the additional funds now available to the City we have con tacted outside eligible agencies and also our own City departments as to how these funds could be effec- tively utilized. On evaluation of both requests of department heads and requests from outside agencies we are proposing 22 people be as- signed to the outside agencies with the expenditure of $110,544, the addition of 22 positions for the City of Dubuque and continuation of the funding of the three existing CETA positions from January 30, 19711 - June 30, 1976. we believe that the majority of the positions requested for the City are position: that can be terminated on June 30, 1976. A number of these positions would be in a public service pool where the personnel would be as signed to special projects that could not be performed under our present budget. We believe that these projects will be beneficial to the community and will be effec- tive utilization of the CETA funds. Attached is a Resolution which we would ask that you adopt. This Resolution authorizes the Mayor to sign a contract for the admin- istration and expenditure of the additional Title VI funds. Francis A. Murray Assistant City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas _ Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays -- Councilman Brady. RESOLUTION NO. 394.75 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CON- TRACT FOR THE ADMINIS. TRATION AND OPERATION OF A PUBLIC SERVICE EMPLOY- MENT PROGRAM UNDER TITLE VI OF PL 93-303. 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 WIIEREAS, the Governor of the State of Iowa, through the. Office for Planning and Programming, hac designated the City of Dubu que as a Program Agent; and WHEREAS, previously the City of Dubuque, in FY '76, has been allocated $80,567,00 under this pro- gram; and WHEREAS, additional funds in the amount of $259,359.00 have been allocated to the City of Du- buque for the purpose of expand- ing the Public Service Program in the community; and WHEREAS, 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 Em- ployment with the Iowa State Of- fice for Planning and Program- ming. Passed, approved and adopted this 20th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved that the position of Equal F.mplovment Officer be stricken from the Pro- gram. MOTION DIED FOR LACK OF A SECOND. Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. Communication of Attorney Jo- seph J. Bitter requesting the Mayor and Clerk to join in the vacation of the plat of Hawkeve Estates to begin the process of correction and 546 Special Session, October 20, 1975 final platting of a corrected plat, presented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Juslmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. CITY OF DUBUQUE, IOWA RESOLUTION No. 385.75 WHEREAS, by Resolution No. 128.73, passed, adopted and approv- ed by the Dubuque City Council on April 16, 1973, the Dubuque City Council did approve Lot 1 through 29 and Lot A in Hawkeye Estates in the City of Dubuque, Iowa, and did accept Hawkeye Drive and In- wood Avenue as public streets in the City of Dubuque, Iowa; and WHEREAS, on September 18, 1973, a correction plat of Lots 6 through 19 in Hawkeye Estates was filed in the Office of the Du- buque County Recorder as Instru- ment No. 7492.1973 of the records of Dubuque County, which correc- tion plat brought doubt upon the exact location and legal signifi- cance of the platting procedure be- cause the streets had been changed on said correction plat; and WHEREAS, the Dubuque City Council by Resolution No. 274-75 passed, adopted and approved on July 21, 1975, did approve the orig- inal plat of Lot 1 through 29, in- clusive and Lot A all in Hawkeye Estates, and said Resolution was recorded as Instrument No. 5387- 1975, in the office of the Dubuque County Recorder, which Resolution appears to have confirmed and ratified the earlier approval of the City of Dubuque of the original plat; and WHEREAS, it is the desire of all the owners of property located within Lots 1 through 29 and Lot A in Hawkeye Estates, that any title problems that may exist by virtue of the above described procedures should be corrected, and all of the streets which were previously dedi• cated to and accepted by the City of Dubuque should be vacated sc that a new correction plat of the subdivision can be filed and the streets dedicated properly and ac cepted by the City of Dubuque and WHEREAS, the City of Dubuque being the owner of certain proper- ty within Hawkeye Estates, by vir- tue of the dedication to and accept- ance by said City of the streets on said plat, is required to join in the vacation procedure, so as to guar- antee the proper location of the streets, and the elimination of any title defects that may exist by vir- tue of the above described proced- ures; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, as follows: Section 1. The Application of the owners in Hawkeye Estates to va- cate all plats heretofore filed or approved, and the dedication and acceptance of any streets as located within said Hawkeye Estates, is hereby approved. Section 2. The Mayor and City Clerk of the City of Dubuque are hereby authorized and directed to join on behalf of the City of Du- buque with the other owners of property in Hawkeye Estates in seeking a vacation of all said plats previously filed and in signing on behalf of the City of Dubuque, a Petition for the vacation of any and all plats of Hawkeye Estates, and any and all streets now exist- ing or which may exist in said sub- division. Passed, adopted and approved this 20th day of October, 1975. C. Robert Justmann Mayor Alvin E. I.undh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays — None. October 17, 1975 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has re- viewed the final plats of Hillcrest Road Dedication, which is that por- tion of Hillcrest Road lying be- Special Session, October 20, 1975 tween Carter Road and Pasadena Drive, in the City of Dubuque, Iowa. The Commission has found that the Hillcrest Road Dedication plats are in conformance with adopted development plans for the area and recommends your approval of the plats as submitted, pending confirmation of approval by the City Engineer's office. CITY PLANNING & ZONING COMMISSION Daniel Dittemore Development Planner 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, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 386.75 Resolution approving the plat and certificates dedicating Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of "Powers Place" (to be known as Hillcrest Road) in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat of the Subdivision of Lot 1 of Lot i of Lot 1 of Lot 1 of Lot 1 of "Powers Place" by Philip A. and Martha F. Powers. Whereas, upon said plat appears street to be known as Hillcrest Road, which the Owners by said plat have dedicated to the public forever; and Whereas, said plat has been ex- amined by the City Planning and Zoning Commission and has its ap- proval endorsed thereon; and Whereas, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the street brought to grade, or paving, or water connection installed, etc.; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications Of Hillcrest Road, as the same ap- pear upon said plat, be and the same are hereby accepted; 547 Section 2. That the plat and cer. tificates 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) in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu. que, 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 gutter and to hard surface with bituminous concrete, or with concrete paving with inte- gral curb, all in accordance with City of Dubuque Standard Spec. ifications, provided, however, this provision shall be applicable' and operative upon Resolution of City Council of City of Dubuque to dedicate Hillcrest Road as platted and owners and develop- ers agree to dedicate the same and who shall secure the im- provement of said roadway by appropriate surety, etc. b. To dedicate previously installed water mains and sanitary sewer mains and sewer service laterals in accordance with plans pre- viously submitted; c. To install water service laterals within the 50' wide street. d. To install storm sewers and catch basins 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 all improvements in compliance with any and all ap- plicable City of Dubuque Spec- ifications and as approved by the City Engineer. 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 and Martin Luther Home people. i. To construct said improvements, except sidewalks, prior to Sep- tember 1, 1978, and to construct the sidewalks prior to September 1, 1977. 548 Special Session, October 20, 1975 j. To install in accordance with City specifications, boulevard street lighting within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the pro- posed subdivision; and further provided that said owners of said Subdivision, secure the perform- ance 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 the owners shall fail to execute the ac- ceptance 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 acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call this 20th day of October, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 38675 We, the undersigned David J. Powers, Philip A. Powers, Martha F. Powers having read the terms and conditions of the foregoing Resolution No. 386-75 and being familiar with the conditions there- of, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 23 day of Oct., 1975. David J. Powers Philip A. Powers Martha F. Powers TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 386.75 has been furnished by the owners. Dated at Dubuque, Iowa, this 17th day of November, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Dlayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Coun• cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. RESOLUTION NO. 387.75 RESOLUTION APPROVING THE DEDICATION OF AN AREA KNOWN AS "HILLCREST ROAD" IN THE PLAT OF "AS. BURY SPRINGS SUBDIVISION N0. 1" IN THE CITY OF DU- BUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat dedicat- ing an area, outlined in "red", to be known as "Ilillerest Road" in the subdivision of Asbury Springs Subdivision No. 1 in the City of Dubuque, Iowa, as Asbury Springs, Ltd., a limited partnership, and Donald J. Kaiser and Jo Ann C. Kaiser, husband and wife, the own. ers; and WHEREAS, this City Council of the City of Dubuque approved a final plat of Asbury Springs Sub. division No. 1 in the City of Du- buque, Iowa by Resolution No. 356-75, dated September 29, 1975, and in such final plat there was located 25 ft, utility easement areas on Lots 2, 3 and 4 of Asbury Springs Subdivision No. 1 and this City Council in Resolution 356.75 resolved that the owners of As- bury Springs Subdivision No. 1 were not required to reduce the streets to grade and to construct concrete curb and gutters and hard surface bituminous concrete, or concrete paving with integral curb, In accordance with the City of Du- buque standard specifications pro- vided however, such improvements shall become applicable and opera- tive upon resolution of the City Council of the City of Dubuque to dedicate Hillerest Road as platted, and owners and developers agreed to dedicate same and secure the improvement and by appropriate surety bond. WHEREAS, the owners now peti- tion the City of Dubuque to dedi- cate such Hillcrest Road area and upon said plat appears the street area, outlined in "red", to be known as Hillcrest Road, together with certain public utilities which Special Session, October 20, 1975 59 the owners by said plat have dedi. cated to the public forever; and WHEREAS, said plat dedicating Hillcrest Road has been examined by the City Planning and Zoning Commission and has its approval endorsed thereon; and WHEREAS, said plat dedicating Hillcrest Road has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, ex. cept that street grades have not been established, the street brought to grade, or paving, or water in- stalled; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Hillcrest Road, as the same ap- pear upon said plat, be and the same are hereby accepted; Section 2. That the plat dedicat- ing "Hillcrest Road" in Lots 2, 3 and 4 of Asbury Springs Subdivi- sion No. I in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here- to attached agreeing; a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete paving with inte- gral curb, all in accordance with City of Dubuque Standard Spec- ifications; Provided, however, this provision shall be applicable and operative upon Resolution of City Council of City of Dubu- que to dedicate Hillcrest Road as platted and owners and develop- ers agree to dedicate same and who shall secure the improve- ment of said roadway by ap- propriate surety, etc. b. To dedicate previously installed sanitary sewer mains and sewer service laterals in accordance with plans previously submitted; e. To install water mains and water service laterals with the 50' wide street to connect an existing main at the intersection of Hill. crest Road and Pasadena Drive with an existing main terminated at the Northwest (h*W) corner of Lot 2 of Lot 1 - 1 . 1 of Pow- ers Farm; 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 all improvements in compliance with any and all ap- plicable City of Dubuque Spec- ifications and as approved by the City Engineer; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Asbury Springs, Ltd., a Limited Parnership and Donald J. Kaiser and Jo Ann C. Kaiser, Husband and Wife, as owners; i. To construct said improvements, except sidewalks, prior to Sep- tember 1, 1976, and to construct the sidewalks prior to Septem- ber 1, 1977. j. To install in accordance with City specifications, boulevard street lighting within thirty (30) days after the completion of the adjacent curb and gutter within any particular section of the pro- posed subdivision. and further provided that said As. bury Springs, Ltd., a Limited Part- nership and Donald J. Kaiser and Jo Ann C. Kaiser, Husband and Wife, as owners of said Subdivision, secure the performance of the fore. going conditions by providing se- curity in such form and with such sureties as may be acceptable to the City Alanager. Section 3. That in the event. As- bury Springs, Ltd., a Limited Part- nership, and Donald J. Kaiser and Jo Ann C. Kaiser, Husband and Wife, shall fail to execute the ac- ceptance 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 acceptance of the dedication and approval of the plat shall not be effective. 550 Special Session, October 20, 1975 Passed, adopted and approved by recorded roll call this 20th day of October, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk We, the undersigned Asbury Springs, Ltd., a Limited Partner- ship, and Donald J. Kaiser and Jo Ann C. Kaiser, husband and wife, having read the terms and condi- tions of the foregoing Resolution No. 387-75 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there- in. Dated at Dubuque, Iowa, this 23 day of Oct., 1975. Jo Ann C. Kaiser Donald J. Kaiser ASBURY SPRINGS, LTD., a Limited Partnership, By: David J. Powers General Partner And: Paul W. Powers General Partner ATTEST: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 387-75 has been furnished by the owners. Dated at Dubuque, Iowa, this 17th day of November, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays—Councilman Brady. RESOLUTION NO. 388.75 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 'B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Bette O. Helling, 701 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Orville P. Murphy (Also Sunday Sales), 139 Locust Street Homan T. Chan (Also Sunday Sales), 1630 E. 16th Street Passed, adopted and approved this 20th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. RESOLUTION NO. 389-75 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 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 "B" (MOTEL -HOTEL) BEER AND LIQUOR LICENSE Anthony A. & Bette 0. Helling, 701 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Orville P. Murphy (Also Sunday Sales), 139 Locust Street Homan T. Chan (Also Sunday Sales), 1630 E. 16th Street Special Session, October 20, 1975 r Passed, adopted and approved this 20th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays — Councilman Brady. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. Nays — None. Leo F. Frommelt City Clerk Approved January 26, 1976 Adopted January 26, 1976 552 Special Session, October 24, 1975 CITY COUNCIL OFFICIAL Special Session, October 24, 1975. Council met at 4:30 P.M. (C.D.T.) Present — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. City Manager Gilbert D. C havene (le. Mayor .lu.,tmann read the call and stated that service thereof had been duly made and this meeting is called to ACCEPT THE CAN- VASS FROM THE COUNTY BOARD OF SUPERVISORS SHOW- ING RESULTS OF THE PRIMARY ELECTION FOR COUNCILMEN WHICH WAS HELD ON OCTOBER 21, 1975, and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the Publisher, of Official Sam- ple Ballot, for the Primary Elec- tion held Tuesday, October 21, 1975, presented and read. Council- man Meyers moved that the proof of publication be received and fil- ed. Seconded by Councilman Lundh. Carried by the following vote: Totals 424 533 1,476 1,229 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. CITY OF DUBUQUE MUNICIPAL PRIMARY ELECTION HELD OCTOBER 21, 1975 CANVASS HELD OCTOBER 23, 1975 State of Iowa, Dubuque County, ss: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do here- by certify that the following is a true and correct abstract of the votes cast for each of the City Council Candidates in the City of Dubuque Primary Election held October 21, 1975 as listed and enumerated hereinbelow by pre- cinct and in accordance with the respective returns from the pre- cinct election officials. We further certify that at said primary election that the four can- didates receiving the highest num- ber of votes in the Primary to the extent of twice the number of un- filled positions, or two positions, as per sections 376.7 and 376.8, Iowa Code 1975, are declared nom. inated and to be placed upon the ballot for the regular city election November 4, 1975. z o z 1 o_ L O S ..i H 1 21 19 60 63 2 13 12 27 41 3 26 15 35 45 4 37 39 72 91 5 26 24 38 37 6 29 17 32 33 7 14 24 51 41 8 17 17 31 40 9 14 9 39 33 10 14 18 51 52 11 15 22 67 46 12 8 16 64 61 13 8 13 102 54 14 23 21 53 61 15 23 19 65 56 16 19 27 65 47 17 23 28 84 39 18 15 16 50 52 19 17 42 76 44 20 13 57 63 47 21 10 23 61 67 22 5 21 45 47 23 15 11 49 44 24 10 7 110 36 25 4 13 68 45 Absentee 5 3 18 7 Totals 424 533 1,476 1,229 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. CITY OF DUBUQUE MUNICIPAL PRIMARY ELECTION HELD OCTOBER 21, 1975 CANVASS HELD OCTOBER 23, 1975 State of Iowa, Dubuque County, ss: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do here- by certify that the following is a true and correct abstract of the votes cast for each of the City Council Candidates in the City of Dubuque Primary Election held October 21, 1975 as listed and enumerated hereinbelow by pre- cinct and in accordance with the respective returns from the pre- cinct election officials. We further certify that at said primary election that the four can- didates receiving the highest num- ber of votes in the Primary to the extent of twice the number of un- filled positions, or two positions, as per sections 376.7 and 376.8, Iowa Code 1975, are declared nom. inated and to be placed upon the ballot for the regular city election November 4, 1975. 4,914 410 677 4,843 7,628 m > 0 w g 3 206 13 62 181 322 111 6 22 98 168 133 14 37 121 220 297 31 72 240 448 120 14 33 119 218 122 21 35 130 215 98 24 39 63 185 105 16 28 102 182 80 9 20 79 153 160 8 16 137 239 260 13 16 257 365 210 23 21 238 333 296 10 24 324 436 187 10 22 218 310 194 20 31 188 307 195 16 24 195 302 294 18 26 286 416 184 16 20 197 286 264 18 25 269 390 175 24 10 184 303 224 14 11 217 319 195 27 13 195 283 201 19 32 224 307 308 9 20 310 426 248 17 12 215 317 47 0 6 56 76 4,914 410 677 4,843 7,628 Special Session, October 24, 1975 553 We, the undersigned members of the Board of Supervisors of Du- buque County, Iowa and ex -officio Board of Canvassers for said County, do hereby certify that at the Municipal Primary Election held October 21, 1975 the following persons were elected to have their names placed on the General Municipal Election ballot as candi- dates for the office of City Coun- cilman: Richard Wertzberger Thomas A. Tully, Jr. John G. Lammers Edna M. Thompson In testimony, whereof, we have hereunto set our hands and caused this to be attested to and scaled by the County Auditor as Commission- er of Elections, this 24th day of October, 1975. Donald C. Meyers, Chairman Board of Canvassers Wilfred Bahl. Member Board of Canvassers Ray Scherrman, Member Board of Canvassers (Absent) ATTEST: Harold P. Meloy Commissioner of Elections Councilman Brady moved that the Canvass be received and filed and made a Matter of Record. Sec- onded eaonded by Councilman Meyers. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. October 24, 1975 Honorable Mayor and City Council We hereby acknowledge receipt of the canvass from the Dubuque County Board of Supervisors of the Municipal Primary Election held on Tuesday, October 21, 1975. for the offices of City Councilmen►... The Canvass indicates that tBa, following named persons will ap- pear on the ballot for the General Election to be held on Nov70Dn 4, 1975. FOR COUNCrLMEN—Allinate by Primary Election, for the term commencing the second secu- lar day in January 1976. Thomas A. Tully 4,914 votes Richard Wertzberber 4,843 votes John G. Lammers 1,476 votes Edna M. Thompson 1.219 votes The following; named persons should also appear on the Novem- ber 4, 1975 General Election for the office of Park Commissioners. The following were nominated by Petition. Thomas G. Schrup—Regular Term 6 years David J. Willoughby—Unexpired term to 12.31-77 Patricia O'Brien — Unexpired term to 12.31-77 C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen .ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved that the acknowledgment of canvass be received and filed and made a Mat. ter of Record. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Leo F. Frommelt City Clerk Approved January 26, 1976 Adopted January 26, 1976 City Clerk 55.1 Spacial Session, October 27, 1975 CITY COUNCIL OFFICIAL Special Session, October 27, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Invocation was given by Sister Joan Doyle, President of Mt. Car- mel Convent. 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. NEARING ON A PROPOSED LEASE WITH THE DUBUQUE BARGE & FLEET- ING SERVICE COMPANY THROUGH THE DOCK COMMIS- SION and acting upon such other business as may properly come be- fore a regular meeting of the Council. Mayor Justmann signed a proc- lamation proclaiming the week of November 9th thru 15th, 1975, as "Salute To Marines Week". RESOLUTION NO. 392-75 RESOLUTION URGING SERIOUS CONSIDERATION OF AN AF- FIRMATIVE VOTE ON THE DU. BUQUE COMMUNITY SCHOOL DISTRICT BOND REFERENDUM WHEREAS quality education is of prime importance to the Com- munity of Dubuque and the citi- zens thereof, including future citi- zens now in our schools, who will be affected by this referendum for years to come; and WHEREAS the Junior and Sen- ior High Schools are drastically overcrowded including: Jefferson overcrowded by 99 students, Wash- ington overcrowded by 448 stu- dents, Senior High by 251, and Hempstead by 518; and WHEREAS many quality educa- tional programs, vocational pro- grams, athletics, and Arts and cul- tural programs are being hindered or limited by inadequate facilities and overcrowding, often ending in eliminating or limiting of both programs or students; and WHEREAS cost of education is of critical concern to taxpayers in the Dubuque Community School District, and whereas the citizens deserve the best possible use of their tax dollars: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That all citizens in the City of Dubuque and the Dubuque Community School District are urged to get out and vote on this critical issue; and Section 2. That due to the ser- iousness of the issue and the nine years of overcrowding that are yet to come, that the citizens seriously consider the values of an affirma- tive vote. Passed, approved and adopted this 27th day of October, 1975, C. Robert Justmann Mayor Alvin E. I.undh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication from the Gover- nor of the State of Iowa presenting a State Flag for the Airport was accepted by Airport Commissioner, Stacey Murdock, with appreciation. Communication of Hempstead Senior High School Speech Arts Class expressing appreciation for being able to attend the Council meeting of October 13, 1975, pre- sented and read. Councilman Mey- ers moved that the communica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays — None. Communication of Five Flags Corporation submitting items of cost in a lump sum of $12,000. as received from an architectural firm for work concerning the pro- posed Civic Center and requesting time to discuss the proposal, pre- sented and read. Mayor Justmann Spacial Session, October 27,1975 555 moved to suspend the rules to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Dave Clemens addressed the Council and spoke to the subject. Mayor Justmann moved that the communication be received and filed and the Council embrace con- ceptually the idea of a Five Flags Civic Center and instructed Dave Clemens to proceed, but final con. tract is subject to Council ap- proval. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dubuque Arts Council submitting a motion dis- cussed at their meeting of October 15th suggesting the return of the original model of the Continuum to the Dubuque Arts Ass'n., pre- sented and read. Councilman Brady moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dock Com- mission submitting minutes of their meeting of October 8. 1975, presented and read. Mavor Just - mann moved that the minutes be received and filed. Seconded by Councilman Stackis. Cap'ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of League of Iowa Municipalities advising that If the City wishes to host the 1976 League Convention, a formal in- vitation should be submitted be- fore November 5, 1975. council- man Brady moved the communica• tion be received and filed. Second• ed by Councilman Stackis, Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Honorable Mayor October 24, 1975 and City Council You have for consideration a letter from the League of Iowa Municipalities about selecting the convention site for the 1976 an- nual meeting. 1 attach a letter received from Mr. Wittenberg indicating that it is possible to hold the convention in Dubuque. Would you please advise us about submitting a convention ap. plication to the League. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and the City Manager be authorized to apply and the Man- ager be authorized to sign. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of A. L. Weitz opposing the zoning of "sexually explicit or prurient nature" as be- ing harmful to the citizens, pre- sented and read. Councilman Stackis moved that the communica- tion be received and filed and re- ferred to the Planning & Zoning Commission. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Peoples Natu- ral Gas submittingdin- cubic! crease of 11,660 1 thousand foot being a reduction of 1.060 from previous information from the wholesale provider, presented and read. Councilman Stackis mov- ed that the communication be re - and filed. Seconded by Coundilman Lundh. Carried by the following vote: Yeas — Mayor stman Meyers, Coun- cilmen Brady, Lundh, Stackis. Nays — None. 556 Special Session, October 27, 1975 Communication of Dubuque Con- servation Society submitting a resolution being opposed to the Dubuque Industrial Bureau's pro- posal to fill in a portion of the Mississippi Pool above Lock & Dam #11, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Lynn & Mary Jo Beauchamp of 1010 Althauser, objecting to an alley being enclos- ed by one of the neighbors and requesting the City to open up said alley for public use, presented and read. Lynn Beauchamp addressed the Council and spoke in behalf of his petition. Mayor Justmann moved that the communication be refer- red to Staff and City Attorney for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dubuque Glass Co. Inc. requesting clarification of various parts of the Building Code as it affects his business of glass & glazing, presented and read. Mayor Justmann moved that the cc•mmunication be received and filed and referred to the Building Code Committee. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Copy of communication submit- ted by H. E. Gunnerson of DOT advising James Clark of Galena, Ill. that the City of Dubuque has rejected the red, white and blue color scheme for the Julien Dubu- que Bridge, so it will not be util- ized, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Mrs. Jack N. Hamby of Oakland, Calif. as being in favor of a red, white and blue bridge, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Proof of Publication, certified to by the Publisher, of List of re- ceipts, disbursements and claims for the month of September, 1975, presented and read. Mayor Just - mann moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of Octo- ber 21, 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, Meyers, Stackis. Nays — None. Communication of Youth Servic- es Board of Directors submitting minutes of their meeting of Sep- tember 30, 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, Meyers, Stackis. Nays — None. October 24, 1975 Honorable Mayor and City Council The Wisconsin Department of Transportation has forwarded a copy of the draft Environmental Impact Statement for the proposed location of an improved U.S. 61-151 from Dickeyville, Wisconsin south- ward to a new City Island Bridge approach. The public hearing for this project will be held on Novem. ber 13th in Dickeyville. Anticipating that you may wish to be represented at the public Special Session, October 27, 1975 557 hearing and that you may wish to adopt a formal position with regard to the project, we have enclosed copies of the summary portion of the draft EIS for your review. The Wisconsin Department of Transportation has also provided a large sketch map illustrating the project which is available for your inspection. The staff of the Wisconsin De- partment of Transportation has re- ported their willingness to come to Dubuque and present the proposed project in more detail, if you so desire. In any case, we hope you will inform us of your wishes to comment upon the project. DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY TECHNICAL COMMITTEE by Daniel Dittemore City Development Planner Councilman Stackis moved that the communication be referred to Dan Dittemore for proper resolu- tion. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Notice of Suit of Joyce Ann & Carol Ann Miller, in the amount of $50,000, for personal injuries plus car damages, incurred as the result of driving over defective railroad tracks on East 7th Street on Sep. tember 10, 1975, presented and read. Councilman Brady moved that the notice of suit be referred to the City Attorney for proper pro- ceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. October 20, 1975 Honorable Mayor and City Council Over the past peroiod of ap- proximately a year, from time to time respective claims have been filed with the City arising out of the general contract between the City of Dubuque, Iowa and M. F. Goerdt Construction Co. wherein the following named claimed un- paid balances owing them on their respective sub -contracts as follows to -wit; Bert Gurney and Associates $98,885.00 Giese Sheet Metal 51,758.88 Jackson -Rand Corporation 18,138.15 The respective claims have been referred by the City Council to the City Manager and City Attorney, and the City Manager in turn has referred same to the City Attorney, The City Attorney's office has met from time to time on these matters with all parties concerned and the matter was finally resolved on the 29th day of September, 1975, and all of the claimants who filed claims with the City Council have received payment and have filed their release of claim and lien waiver with the City Engineer. In my opinion this concludes the matter and nothing further need be done in the opinion of this writer. Copies of the respective claims are hereto attached. R. N. Russo, City Attorney Councilman Brady moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Wm. H. Smith et al, residents of Victoria Place, re- questing the erection of two street lights between the intersection of Diane Court and Victoria Place and the turnaround at the end of Vic- toria, iatoria, presented and read. Mayor Justmann moved that the petition be referred to the City Manager and Electrical Inspector for inves- tigation and report. Seconded by Councilman Meyers, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Pub - lie Hearing to consider a proposed lease and Agreement by and be- tween the City of Dubuque, through its Board of Dock Com- missioners and Dubuque Barge & 558 Special Session, October 27, 1975 Fleeting Service Company, present- ed and read. Councilman Meyers 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, Meyers, Stackis. Nays — None. RESOLUTION NO. 393-75 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 Octo- ber 16, 1975, the City Council of the City of Dubuque, Iowa met on the 27th day of October, 1975 at 7:30 o'clock P.M. (Central Standard Time) in the City Council Cham- bers, City Hall, Dubuque, Iowa to consider the proposal to lease land owned by the City of Dubuque, Iowa to DUBUQUE BARGE & FLEETING SERVICE COMPANY which real estate is described as follows: That 100 foot (100') wide strip of land located between north side of the Ice Harbor and the south property line of the easterly 7.04 feet of Lot 6 and Lots 7 through 21, inclusive, of Block "E" and Lots 1 through 12, in- clusive, of Block "L", and the southerly terminus of Bell Street in Booth's Addition in the City of Dubuque, Iowa, being further described as that property identi- fied as Newt Marine Service Lease and; WHEREAS, there being no oral or written objections to the pro- posed lease received by the City Council of the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the lease between the City of Dubuque, Iowa by and through its Board of Dock Com- missioners and the Dubuque Barge & Fleeting Service Company be and the same is hereby approved and that the terms and provisions of said proposed lease are hereby ratified. Section 2. That the Board of Dock Commisioners be and they are hereby authorized and empow- ered to execute said lease for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved to ratify the lease and instruct the Dock Board to execute said lease. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. October 24, 1975 Honorable Mayor and City Council The City Council, on October 20, 1975, adopted a resolution creat- ing a Community Development Commission for the City of Du- buque. Our Community Development De- partment in now developing pre- liminary plans for the preparation of an appliedtion for funds in FY 77. The Community Development Department would desire to con- duct citizen meetings in the first week in December and to have their plans relatively well formal- ized for budget hearings in January and February. The Community Development Department is desirable of having the participation of the Community Development Commission in this process. Consequently it would be advantageous if the City Council could, within the next two weeks, appoint members to this newly formed commission. If the com- mission members are appointed by November 15, it would give the commission an opportunity to or- ganize themselves into respective committees prior to the citizen hearings to be held in early Decem- ber. Francis A. Murray Assistant City Manager Special Session, October 27,1975 Councilman Brady moved that the communication be referred to Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 394.75 RECOGNITION OF NEIGHBOR. HOOD ORGANIZATIONS FOR MEMBERSHIP ON THE COM- MUNITY DEVELOPMENT COM. MISSION WHEREAS, there has been es. tablished within the City of Dubu- que a Community Development Commission to assure that a fair cross section of the residents of the City of Dubuque fully partici- pate in the continuous process of budgeting, developing, monitoring and evaluating the Community De. velopment Block Grant Program: and WHEREAS, the Community De- velopment Commission provides for representation from neighbor- hood organizations in numbers based upon their location within and without program target areas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That based upon the recommendation of the De- partment of Community Develop- ment, the following neighborhood organizations are located within project target areas and are en- titled to two representatives each for membership on the Community Development Commission. North Dubuque Improvement As- sociation, Inc. Washington Neighborhood Coun- cil Fourth Street Neighborhood As- sociation Eleventh Street Association SECTION 2. That based upon the recommendation of the Department of Community Development, the following neighborhood organiza- tions are located without project target areas and are entitled to one representative each for mem- bership on the Community Devel• opment Commission. 1 n Point Neighborhood Association West End Homeowners Associa- tion Passed, approved and adopted this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Attest: Councilmen Leo F. Frommelt Ctiy Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Petition of Ford Leasing Devel- opment Company and Kopper -Pow- ers Ford Inc., requesting annexa- tion of their property on U.S. High- way X20, presented and read. Attorney Leo McCarthy, repre- senting Kopper -Powers Ford Inc., spoke to the Council on the peti- tion and request. Councilman Brady moved that the petition be granted. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION N0. 395.75 WHEREAS, the owners of an area approximately 21.311 acres in size lying immediately westerly of the city limits of the City of Du- buque, Iowa now voluntarily peti- tion the City Council for annexa- tion of their property to the City of Dubuque, Iowa; and WHEREAS, 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- 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 of said territory if incor- porated within the city limits of the City of Dubuque, Iowa; and 560 Special Session, October 27, 1975 WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the exten- sion of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the Cityof Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby ex- tended to include the area compris- ing the following described real estate: That parcel of real estate de- scribed as Iowa Department of Transportation property and the Kopper -Powers Ford, Inc, prop- erty in Exhibit "A", hereto at- tached and by reference made a part hereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being out. lined in red thereon. Section 2. The territory hereby annexed shall become and be part of the thirteenth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. October 24, 1975 Honorable Mayor and City Council The Public Employment Rela- tions Act provides for the govern- ing body to appoint a designee to represent the City in business mat- ters associated with certified bar- gaining units. This designated per- son would represent the City of Dubuque in subjects related to negotiations, implementation of employee agreements and other provisions as enunciated in this Act. As you know, certain groups of employees in the City of Dubuque have selected exclusive bargaining agents. Some of these agents have been certified by the Public Em- ployment Relations Board, and others are in the process of being certified. Under provisions of the law, the bargaining process with certified agents must commence prior to November 15, 1975. In order to be in compliance with the Act we would ask that you adopt a resolution authorizing the City Manager, or his designee, as the official bargaining representa- tive for the City of Dubuque. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 39675 RESOLUTION DESIGNATING THE CITY MANAGER AS AUTHORIZ- ED BARGAINING REPRESENTA- TIVE FOR THE CITY OF DUBU- QUE, IOWA WHEREAS, the 65th General As- sembly adopted the "Public Em- ployment Relations Act", Chapter 20, Code of Iowa, 1975; and WHEREAS, the Act provides provisions for permitting public employees to organize and bar- gain collectively; and WHEREAS, some City of Du- buque employees have selected ex- clusively bargaining agents; and WHEREAS, these bargaining agents have been certified by the Public Employment Relations Board; and WHEREAS, the Act provides for the public employer to appoint or Special Session, October 27, 1975 authorize a bargaining represent::- tive for the purpose of bargaining with the public employees or their representative. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, that the City Manager or his designee, either of who has the authority to represent the City of Dubuque, as the official Bargaining Representa- tive in conformance with Chapter 20, Code of Iowa. 1975. Passed, adopted and approved this 27th day of October. 1975. C. Robert Justmann Mavor Alvin E. I,undh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays — None. RESOLUTION NO. 397-7S 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. James Rupp and Merwin RUpp, Rupp's Texaco. 2297 University Avenue Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James F. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk 561 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 398-75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RFS SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the com- pliance with the terms of the Ordi- nances of the City. CLASS "B" BEER PERMIT John F. Glynn, 760 East 16th Street CLASS "C" BEER PERMIT Kay Janet Nemmers, 250 West 1st Street Florence E. Chalder, 113 Main Street Passed, adopted and approved this 27tb day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Lundhen Meyers, cilmen Brady, Stackis. Nays — None. RESOLUTION N0, 399.75 WHEREAS, applications for Beer Permits were by the within they have named applicants received the approval of this Coun- cil; and R'IIEREAS, 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 njEREF ORE BE uIT Ro Of by the City the City of Dubuque, Iowa, that the Manager be authorized to cause to be lcana5 a the eerPermit,following named app 562 Special Session, October 27, 1975 CLASS "B" BEER PERMIT John F. Glynn, 760 East 16th Street CLASS "C" BEER PERMIT Kay Janet Nemmers, 250 West 1st Street Florence E. Chalder, 113 Main Street Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, COun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady. Lundh, Meyers, Stackis. Nays — None. RESOLUTION NO. 400.75 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 Richard A. Schurbon, 1091 Main Street Helen Ann Spielman (also Sunday Sales), 2401 Windsor Avenue Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald F. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by RESOLUTION NO. 401.7S 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 R& 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. Richard A. Schurbon, 1091 Main Street Helen Ann Spielman (also Sunday Sales), 2401 Windsor Avenue Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. At 8:40 P.M. Councilman Meyers 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Council Reconvened in Regular Session at 8:50 P.M. Spacial Session, October 27, 1975 563 Mayor Justmann made the fol- lowing appointments: Dean Schantz, Thomas J. Reilly, Kenneth Ganahl and Donald D. Garnett, all Bank Representatives, to the newly formed Rehabilitation Commission and John E. ]fess to the Civil Service Commission for the unexpired term of Marvin Van Sickle, expiring 3-31-78. Council- man Stackis moved radification of the appointments. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Leo F. Frommelt City Clerk Approved January 26, 1976 Adopted January 26, 1976 Regular Session, November 3, 1975 %5 CITY COUNCIL Regular Session, November 3, 1975. Council met at 7:30 P.M. (C.S.T.) present --Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Invocation was given by Dr. Wayne Moldenhauer. Mayor Justmann read the call and stated that sen -ice thereof had been duly made and this is the REGULAR MONTHLY MEETING of the Council called for the pur- pose of acting upon such business as may properly come before the Meeting. Mayor Justmann read and signed a proclamation, proclaiming the week of November 2nd through November 9th as "Ecumenical Tow- er Week in Dubuque, Iowa," Communication of Recreation Commission advising that the Com- mission has voted not to allow snowmobiling on Bunker Hill Golf Course, presented and read. Coun- cilman Brady moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Councilmen Brady, Lundh, Meyers. Stackis. Nays --Mayor Justmann. Communication of Dubuque Trans- it Trustee Board submitting min- utes of their meeting of October 23, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --- None. Communication of Dubuque Ad- visory Commission submitting min- utes of their meeting of October 21, 1975, presented and read. Coun- cilman Stackis moved that the min- utes be received and filed. Second• ed by Councilman Lundh. Carrie by the following; vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers Stackis. Nays ---- None. Communication of Peoples Natu ral Gas notifying the City that they will put its proposed general rate increase in effect November (i, 1975, subject to refund, as per- mitted by law, 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, Meyers, Stackis. Nays — None. Copy of communication of Mayor Justmann submitted to the County Board of Supervisors relative to joint Supervisor -Council meetings, touching on such items as Annexa- tion, Commuter Tax, Combined Government and Subdivisions, pre- sented and read. Councilman Brady moved that the Meeting between the Council and Board of Supervisors be re- stricted to those two bodies only. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Councilman Stackis moved that the communication of Mayor Just - mann be received and filed and the Mayor be directed to set up tentative meeting date. with the County Supervisors. Seconded by Councilman Lundh. Carried by the following vote: Yeas -- Mayor Jushnann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Dubuque Hu- man Rights Commission submitting minutes of their meeting of Oeto- her 9, 1975, presented and read. Councilman Meyers moved that the minutes be received and filed. Sec- anded b" o f ciolm ng stacvotkis. Car- ried by the Yeas — Mayor Lundh, Meyers, cilmcn Brady, Stackis. Nays None. Communication of an anon de - Inc. ue '76 submitting P Carried daring November 7, 1975, as "Du- ecog- buque Bicentennial nted tander Rread. ninon 1> a Presented that the Councilman Lundh mfil- communicate r bamn ione Ppr ved. ed and the p Seconded by Councilman vsteckis. Carried by the follow inb 506 Regular Session, November 3, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Printed Council Proceedings for the month of July, 1975, presented for approval. Councilman Stackis moved that the Council Proceed- ings be approved as printed. See. onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. October 30, 1975 Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Merwyn R. Ellis con- cerning the condition of an alley abutting his property on Finley Street. I attach a copy of a letter from Mr. White in which he indicates that he and Mr. Felderman have arranged to take care of the diffi- culty. Gilbert D. Chavenelle City Maneger Councilman Brady moved that the communication be received and filed and referred to the City Sol- icitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. October 29, 1975 Honorable Mayor and City Council Please be advised that I have ap- proved the following bonds and policies for filing purposes and de- sire to have your approval of same. GENERAL LIABILITY POLICY William Becker & Sons Stone Com- pany, Policy No. GLA 88-295868 National Mutual Insurance Co. from October 17, 1975 to October 17, 1976 IOWA OFFICIAL BOND Paul L. Britt, Midwestern Casualty & Surety Co. Dubuque Transit Board Trustee to 7-30-77 CERTIFICATE OF INSURANCE Teleprompter Corporation et al, The Home Indemnity Co. Work - mens Comp #PWC 4982997, General Liability GA 4638163, Gilbert D. Chavenelle City Manager Councilman Stackis moved that the Communication be received and filed and filing be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. Communication of Playground and Recreation Commission sub- mitting minutes of their meeting of October 15, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. October 29, 1975 Honorable Mayor and City Council Attached is an ordinance amend- ing Ordinance No. 39-65, known as the Parking Meter Lot Ordinance of Dubuque. The City of Dubuque will soon be opening an 80 space lot next to the main pedestrianway just east of Ecumenical Towers. We would expect to place this parking lot in operatian no later than No- vember 15. Space in the new lot will be reserved for individual patrons and the quarterly cost will be $42.00 plus tax. The amended ordinance makes provision for the new lot under Section 5, Lot #9 and also makes provision for the new rate sched- ule under Section 5a-3. Your adoption of this amended ordinance is recommended. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays — None. ORDINANCE NO. 44.75 An Ordinance Amending Ordin. ance No. 39.65 known as "The Parking Meter Lot Ordinance of Dubuque, Iowa" by repealing Section 5, Section 5A, Sections Regular Session, November 3, 1975 587 SAI and SA2 and enacting a new LOT NO. 4. The tot situated at the Section 5, SA, 5A1, 5A2 and SA3 Southwest corner of Fourth and in" in lieu thereof to establish num. Streets. ber and location of municipally LOT NO. $, The lot situated on the owned parking lots and to estab. middle 1/1 of Out Lot 448 in the Cit, lish time and parking meter fee of Dubuque. and monthly rates respectively, LOT NO. 6. The lot situated on the presented and read. Councilman Southwest corner of Eleventh and Bluff Meyers moved that the reading just Sweets. had be considered the first reading LOT NO. 7. The lot situated on the of the Ordinance. Seconded by Northwest corner of Fourth and White Councilman Lundh. Carried by the Streets. following Cote: LOT NO. 8. The lot situated on the Yeas — Mayor Justmann, Coun- Southwest corner of Tenth and Bluff Streets. cilmen Brady, Lundh, Meyers, LOT NO. 9. The lot situated on Fifth Stackis. Street and the alley east of Locust Street Nays — None, and running parallel to the alley from Councilman Meyers moved that Fifth to Siatb Streets. the rule requiring an Ordinance to Section $A. Parking meters on munici- be received and filed at two (2) pally owned puking lots, when installed meetings prior to the meeting and properly operated, shall show legal final action is taken, be dis- parking upon and offer the deposit of the when peened with. Seconded by Council- United States coins and in the non -metered parking lots, parking spaces be rented at a man Lundh. Carried by the follow- monthly rate, payable quarterly in ad- ing vote: ranee, in accordance with the following Yeas — Mayor Justmann, Coun- schedult: cilmen Brady, Lundh, Meyers, I 1. On Parking Lots Nos. 1, 2, 3, 4, 5, Stackis. 6, and 7 such meters shall show legal park - Nays — None. ing for one hour upon the deposit of each five cent coin, two hours upon the deposit ORDINANCE NO. 44.75 of each ten cent coin, and five hour! on AN ORDINANCE AMENDING ORDI- the deposit of one twenty-five cent coin, but not more than a total of ten hours NANCE NO. 39-65 KNOWN AS "THE at any one lima The maximum legal park - PARKING: METER LOT ORDINANCE OF DUBUQUE, IOWA" BY REPEAL- ing time limit for any one bchidc at any ING SECTION S, SECTION fA, SEG AND ENACT- one time shall be ten hours. 2 On Parkin y Lot No. 8 such meter TIONS sAt AND SA2 ING A NEW SECTION t, SA, SAI, 1A2 shall show legal parking for thirty minutes and SA) IN LIEU THEREOF TO upon the deposit of each five cent coin, hour upon the deposit of each ten ESTABLISH NUMBER AND LOCA- TION OF MUNICIPALLY OWNED one cent coin, and two hours and thirty min - PARKING LOTS AND TO ESTABLISH utes upon the deposit of one twenty-five trien,than totalof TIME AND PARKING METER FEE AND MONTHLY RATES RESPECTIVE- centu tcoin bany imc ax nhours aat ant I.Y.legal Y. NOW THEREFORE HE IT OA- OF time limit for one ! vehiclepat any one time shall be ten hours. r y DAINF-D BY THE CITY COUNCIL Till: CITY OF 13UBUQUE, IOWA-. 3. On Parking Lot No. 9, parking spaces tfourteen repayable at a iecn Section 1. That Ordinance No. )9-0I,nudlr "Parking Lot Ordinance of pus threepenent, known as the bd the same i, quarterly in advance." Dubuque, Iowa a an hereby amended by repealing Section s SA, 1A1, and SA2 and enacting a new Section s, SA. SAI, sA2 and sA3 in lieu thereof as follows; "Section $. That the various municipal- ly owned Isarking lots in the City of Dubuque shall be designated numerically as fol'ows: LOT NO. 1. The lot situated brtweers Ninth and Tenth Streets and Iowa Street and Central Avenue. LOT NO. 2. 'rhe lot situated at the Northwest corner of Ninth and Bluff Streets and running parallel to Ninth Street. LOT NO. 3. The lot situated at the Northwest corner of Fifth and Bluff Streets. Passed, approved and adopted this 3rd day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady wriald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in day' of Novem- he Telegraph ficrald Newspaper this 6th ber 1975. Leu F. Frommel! City Clerk It I1 -a 588 Regular Session, November 3, 1975 Councilman Meyers moved final Yeas — Mayor Justmann, Coun- adoption of the Ordinance. Sec- cilmen Brady, Lundh, Meyers, onded by Councilman Lundh. Car- Stackis. ried by the following vote: None. Yeas — Mayor Justmann, Coun- Petition of Louis Jaeger et ux cilmen Brady, Lundh, Meyers, requesting a review of denial of Stackis. Building Permits for Lot 2 of 2 of Nays — None. 2 of Tower Heights and Lot 2 of Petition of Cyril Boge request- 1 of 2 of Tower Heights, presented ing zoning change on Lot 1 and and read. Councilman Stackis Lot 2 of Lot 222 and Lot 223 in moved that the petition be re- Finley's Addn. on University west ferred to the Planning & Zoning of Asbury Road, presented and Commission for investigation and read. Mayor Justmann moved that report. Seconded by Councilman the petition be referred to the Plan- Lundh. Carried by the following ning & Zoning Commission for in- vote: vestigation and report. Seconded Yeas — Mayor Justmann, Coun- by Councilman Meyers. Carried by cilmen Brady, Lundh, Meyers, the following vote: Stackis. Yeas — Mayor Justmann, Coun- Nays—None. cilmen Brady, Lundh, Meyers, Petition of Gene Potts et al re- Stackis. questing a review of the A & W Nays—None. Restaurant Drive -In on the corner Petition of Donald J. Kaiser re- of Asbury & J.F.K. Road as to questing permission to install two former commitments made as to lights on Pasadena Drive, pre- Zoning back in November, 1973, sent and read. Councilman Lundh presented and read. Mayor Just - moved that the petition be re- mann moved that the petition be ferred to the City Manager and received and filed and referred to Electrical Inspector for investiga- Staff for investigation and report. tion and report. Seconded by Coun- Seconded by Councilman Stackis. cilman Stackis. Carried by the Carried by the following vote: following vote: Yeas — Mayor Justmann, Coun- Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, cilmen Brady, Lundh, Meyers, Stackis. Stackis. Nays—None. Nays—None. Petition of Mrs. Mary Lee Mart - Petition of John J. Hoekstra re- ing, President Dubuque Chapter questing a refund of $99.00 on an Citizens for Decency thru Law, re - unused Building Permit, he has decided not to build, presented and questing to be heard at the meet - read. Councilman Stackis moved ing and to present a model Public Nuisance Ordinance for considera- that the refund be approved and tion and study, presented and read. the City Auditor directed to issue Councilman Stackis moved to sus - proper warrant. Seconded by Ma- Carried by the fol- pend the rules to let anyone pres- yor Justmann. ent address the Council if they lowing vote: so desire. Seconded by Councilman Yeas — Mayor Justmann, Coun- Meyers. Carried by the following cilman Brady, Lundh, Meyers, vote: Stackis. Yeas — Mayor Justmann, Coun- Nays—None. Petition of William Marshall et cilmen Brady, Lundh, Meyers, ux requesting a cease and desist order regarding any illegal activ- Stackis. Nays. None. ity in the alley east of 990 Althaus- Mrs. Mary Lee Marting ad- er, such as the removal of trees dressed the Council and submitted and completely leveling the hill- a model Public Nuisance Statute side, presented and read. Coun- giving a definition of lewdness cilman Stackis moved that the pe- and being of the opinion that the tition be referred to the City Man- Iowa Supreme Court Law is too ager, Park Department and the City Attorney for investigation and vague and requesting Council to adopt an Ordinance defining lewd - report. Seconded by Councilman ness in the Ordinance. Meyers. Carried by the followingI Dr. Wayne Moldenhauer spoke vote: to the petition and requested this Regular Session, November 3, 1975 statute be brought back to the I and are now on file in the office Council in approximately two of the City Clerk showing among weeks. other things the following: Police Chief Robert O'Brien I. The water main to be ex. stated that the moving of Book. tended. stores from Residential District to 2. The size and kind of water Commercial District is not an an. main. swer to the problem and that the 3. An estimate of the cost Supreme Court does have guide- lines as to what is considered of the proposed improvement, stating the 'lewd" or "lewdness." Councilman same for each different type. of construction and kind of Brady felt the Police Department material to be used for the East 18th Street should not be proposing to the Council. Mayor Justmann moved water main extension across the E. 18th Street bridge to Area "C" that the petition of Mrs. Marting of Industrial Park. be received and filed and re- ferred to the City Solicitor. Sec- BE 1T THEREFORE RESOLVED onded by Councilman Stackis. Car- that. the City Council on its own ried by the following vote:Petition motion or upon prop• Yeas — Mayor Justmann, Coun- crty owners,,deems it advisable and necessary for the public wel- cilmen Lundh, Meyers, Stackis. fare to make the herein mentioned Nays—Councilman Brady. improvement, and unless property Communication of Rev. Wm. L, owners at the time of the final Dix supporting the Public Nui- consideration of this proposed res- sance Statute submitted by Mrs. olution have on file with the City Mary Lee Marting, presented and Clerk objections, they shall be read. Councilman Stackis moved deemed to have waived all ob. that the communication be re- jeclions thereto. ceived and filed and referred to Said improvement shall be con- the City Solicitor. Seconded by structed and done in accordance Councilman Meyers. Carried by the with the plans and specifications following vote: which have been prepared therefor Yeas — Mayor Justmann, Coun- by the City Engineer which have cilmen Brady, Lundh, Meyers, been approved by the City Council Stackis. and are now on file with the City Nays—None, Clerk. That the cost and expense Proof of Publication, certified of making said improvement will to by the Publisher, of Notice of be paid out of the Dock Fund. Pendency of Resolution of Neces- The above resolution was intro- sity for the construction of E. 16th duced, approved and ordered Street Water Main extension across placed on file with the City Clerk E. 18th Street Bridge, presented this 13th day of October, 1975. and read. No written objections were filed and no oral objectors RECORD OF FINAL ADOPTION were present in the Council Cham- The foregoing resolution was fi- bers at the time set for the hear- nally passed and adopted, as pro. Ing. Mayor Justmann moved that posed by the City Council this 3rd th proof of publication be received day of November, 1975. and filed. Seconded by Councilman C. Robert Justmann Stackis. Carried by the following Mayor vote: Alvin E. Lundh Yeas — Mayor Justmann, Coun- Emil Stackis cilmen Brady, Lundh, Meyers, James E. Brady Stackis. Donald R. Meyers Nays—None. Councilmen (Necessity for Improvement) Attest: RESOLUTION NO. 377.75 Leo F. Frommelt Clerk City Clerjustmann WHEREAS, proposed plans, spec- ifications, form of contract, plat Mayor moved final the resolution. Second- and schedule have been duly pre- adoption of by Councilman Stackis. Carried pared and approved by the City Council of the City of Dubuque ed by the following vole: 570 Regular Session, November 3. Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements RESOLUTION NO. 402.75 WHEREAS, proposed plans and specifications and form of con- tract for the East 16th Street wa- ter main extension across the E. 16th Street Bridge to Area "C" of Industrial Park have been ap proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1975, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 3rd day of November, 1975; and WHEREAS, the City Council met in regular session this 3rd day of November, 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 con- sidered; 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, 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 of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved its 3rd day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. (Ordering Construction) RESOLUTION NO. 403-75 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 377.75 which was duly passed by this Council, for the East 16th Street water main ex- tension across the E. 16th Street Bridge to Area "C" of Industrial Park. Be and the same are hereby ordered 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 accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid from the Dock Fund after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Regular Session, November 3, 1975 571 Passed, adopted and approved i ing, comprehensive transportation this 3rd day of November, 1975. j planning process to be carried on C Robert Justmann cooperatively by the states and lo. Mayor cal communittes in each urban Alvin E. Lundh area of more than 50,000 popula- Emil Stackis tion; James F. Brady NOW, THEREFORE BE IT RF, Donald R. Meyers SOLVED by the City Council, City Councilmen of Dubuque, State of Iowa that Attest: this Resolution serve as this City's Leo F. Frommelt adoption and approval of the Arti- City Clerk CIPS of Agreement as attached Councilman Stackis moved adop- hereto; tion of the resolution. Seconded by BE IT FURTHER RESOLVED, Mayor Justmann. Carried by the that the Mayor and City Clerk be, following vote: I and they are hereby authorized Yeas — Mayor Justmann, Coun- I and directed to sign and execute cilmen Brady, Lundh, Meyers, said agreement for and on behalf Stackis. of Dubuque, Iowa. Nays—None. AND BE IT FURTHER RR RESOLUTION NO. 404-7S SOLVED, that this Resolution be WHEREAS, the transportation made a matter of public record. planning process was established in the Dubuque metropolitan areathis Passed, adopted and approved 3rd day of November, 1975. in April of 1964: and I C. Robert Justmann WHEREAS, over the past twelve Mayor years several agreements between Alvin E. Lundh the states, countries and munici. Emil Stackis palities have been signed defining James E. Brady responsibilities, establishing tech- Donald R. Meyers nical studies and assistance, and Councilmen coordinating transportation plan- I Attest: Leo F. Frommelt ning activities for the Dubuque City Clerk metropolitan area: and WIiERF.AS, the United States Councilman Stackis moved adop- Department of Transportation have tion of the resolution. Seconded by requested and made certification Councilman Meyers. Carried by of the planning process condition- the following vote: al upon clearly defining the re- Yeas -- Mayor Justmann, Coun- sponsibilities for cooperatively cilmen Brady, Lundh, Meyers, carrying out transportation plan- Stackis. ning and programing via an agree- Nays ---None. ment or memorandum of under- October 31, 1975 standing between the states, the Honorable Mayor and "metropolitan planning organiza- local Members of City Council We are to advise that tion," A-95 agencies, and units of government: and pleased Ecumenical Housing, Inc. has com- WHEREAS, the attached Arti- pleted the construction of Ecu- Tower in accordance with cles of Agreement have been for- menical the plans submitted to the City mulated under and entered into pursuant to authority prescribed in at the time they purchased thend. Chapter 28E, Code of Iowa, 1975; laThe contract for the sale of Illinois Public Acts 76-193: and Sec- this property provides that the tion 66.30, Wisconsin Statutes; as City will issue a Certificate of such and other Codes, Acts and Completion at this time, and the Statutes permit the states and resolution authorizes the units of local government to enter enclosed City Clerk to execute into cooperative agreements; and Mayor and a certificate. chanticipate WHEREAS, the attached Articles such su that the Mayor of Agreement have been estab executed will present thiscu e d cu- lished according to requirements of Section 134, Title 23, United ment to the appropriate day that Ecu- on Nuvember 9, the States Code; requiring a continu- 572 Regular Session, November 3, 1975 menical Tower will be officially Passed, approved and adopted dedicated. this 3rd day of November, 1975. Gent M. Wittenberg C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Atter':: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays None. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Meyers. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 405-75 Authorizing the Execution of a Certificate of Completion for Ecu- menical Housing, Inc. WHEREAS, under date of De- cember 12, 1973, the City of Du- buque entered into a Contract for Honorable Mayor the Sale of Land for Private and Councilmen Redevelopment with Ecumenical October 31, 1975 Housing, Inc. for the real estate Attached, for your considera- hereinafter described; and tion, is a proposed form of Reso. WHEREAS, under the terms of lution endorsing the corridor lo - said contract the subject real es- cation for the Mississippi River - tate was conveyed by the City of Dickeyville Road project in Grant Dubuque to Ecumenical Housing, County, Wisconsin. Inc. who constructed thereon cer- It has been our belief that no tain improvements; and significant action would be forth - WHEREAS, Section 307 of said coming on resolving Dubuque's in - contract provides that upon com- ternal traffic problems until the pletion of the improvements the states had committed the location City of Dubuque will furnish Ecu- and construction of a new Missis- menical Housing, Inc. a Certifi- sippi River Bridge. In this con- cate of Completion; text, the Wisconsin corridor loca- WHEREAS, it has been deter- tion study is an essential step for mined that the required improve- our own transportation programs ments have been satisfactorily to proceed. We have attempted to underscore this interest in the Res - completed; now therefore olution, and have also intention - BE IT RESOLVED by the City ally avoided making reference to Council of the City of Dubuque, favoring concept adevelop- Iowa: (freeway express - Section 1. That the Mayor and way) or in commenting upon the City Clerk be and they are here- proposed location of the roadwaycorridor apart from the bridge. by authorized and directed exon We trust this Resolution is suf- cute a Certificate of Completion etion for Ecumenical Housing, Inc. for fienent for your purposes and the improvements located on Lot would encourage your favorable A and Lot 2 of Block 16 in Du- consideration of it. buque Downtown Plaza in the City Daniel Dittemore of Dubuque, Iowa, situated in the Development Planner Downtown Urban Renewal Proj- Councilman Stackis moved that ect, Iowa R-15. the communication be received Section 2. That the Clerk be and filed. Seconded by Council - and he is hereby authorized and man Lundh. Carried by the fol - directed to file a copy of this res- lowing vote: olution and the executed copy of Yeas — Mayor Justmann, Coun- the Certificate of Completion in cilmen Brady, Lundh, Meyers, the office of the County Recorder Stackis. in and for Dubuque County, Iowa. Nays—None. 1 Regular Session, November 3, 1975 573 RESOLUTION NO. 406.75 I record of the public hearing for A Resolution Approving the Pro.i said project. posed Corridor Location and De. sign Concept for a Mississippi Passed, adopted and approved this 3rd day of November, River to Dickeyville Road in 1975. C. Robert Justmann Grant County, Wisconsin. Mayor Whereas, a draft Environmental Alvin E. Lundh Impact Statement for a proposed Emil Stackis Mississipi River- Dickeyville Road James E. Brady (including a portion of U.S. High- Donald R. Meyers way 61, 151 and Wisconsin State Councilmen Attest: Highway 35) has been circulated Leo F. Frommelt and a public hearing on said pro- posed project has been scheduled; City Clerk anWhrreas, Councilman Stackis moved ado p. tion of the resolution. Seconded by the Wisconsin Depart- Councilman Lundh. Carried by the ment of Transportation has in- following vote: vited the City Council of the City yeas — Mayor Justmann, Coun- of Dubuque. Iowa to review and oilmen Brady, Lundh, I►feyers, comment upon the draft Environ- Stackis. mental Impact Statement of the Nays—None. proposed roadway corridor loca- tion; and RESOLUTION NO. 407.7S Whereas, the Dubuque City WHEREAS, applications for Beer Council and citizens of the tri-state Permits have been submitted to area have long held that improved this Council for approval and the transportation facilities within the same have been examined, urban area and region are a prin- NOW THEREFORE BE IT RE- cipal priority and critical need; SOLVED by the City Council of and the City of Dubuque, Iowa, that Whereas, the Dubuque City the following applications be Council has determined and de- granted and permits issued upon clared that construction of a new the compliance with the terms of Dubuque -Wisconsin bridge and as- the Ordinances of the City. sociated access routes is essential CLASS "B" BEER PERMIT to the improvement of internal J & P O'HARA, INC. (Also Sunday transportation systems within the Sales), 855 Century Drive urban area of its jurisdiction; and Big G Steak House, Inc. (Also Sun - Whereas, the Dubuque City Council finds that the proposed day Sales). Plaza 20 CLASS "C" BEER PERMIT bridge location and freeway -ex- Hartig Drug Company, 700 Town pressway development concept set Clock Plaza Hartig Drug Company, 97 Locust forth in the draft Environmental Impact Statement is in accord Street Iiartig Drug Company, 2255 J. F. with plans and priorities adopted by the City Council, through the K. Road cooperat.ive transportation planning Iiartig Drug Company, 2225 Cen- process, NOW, THEREFORE, Be It Re- tral Avenue Passed, adopted and approved this 3rd day of November 1975. solved: Section 1. That the City Coun- C. Robert Justmann cil of the City of Dubuque, Iowa Mayor Alvin E. Lundh does hereby support and endorse Stackis the+Emil proposed corridor location and James E. Brady freeway -expressway development Donald Meyers concept as set forth in the draft Councilmen Environmental Impact Statement for the Misissippi River -Dickey- I Attest: Frommelt villc Road. Section 2. That the endorsement Lco F. i, City Clerk Stackis moved adop- of the Dubuque City Council shall Councilman Seconded by be transmitted to the Wisconsin tion of the resoiution. Councilman Lundh. Carried by the Department of Transportation and following vote: shall be made part of the official 574 Regular Session, November 3, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. RESOLUTION NO. 408.75 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 Big G Steak House, Inc. (Also Sun- day Sales), Plaza 20 ... ... ... J. & P. O'HARA, INC., (Also Sun- day Sales), 855 Century Drive CLASS "C" BEER PERMIT Hartig Drug Company, 700 Town Clock Plaza Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2255 J. F. K. Road Hartig Drug Company, 2225 Cen- tral Avenue Passed, adopted and approved this 3rd day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 409-75 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 )roved and licenses issued upon he compliance with the provisions )f Chapter 131, Acts of the First legular Session, 64th General As- ;embly. (CLASS "C" (COMMERCIAL) AND LIQUOR LICENSE Kichael J. Lucas, Jr., 1064 Univer- sity Avenue rane Enterprises, Inc., (Also Sun- day Sales), 2245 Kennedy Road Passed, adopted and approved this 3rd day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommeit 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, Meyers, Stackis. Nays—None. RESOLUTION NO. 410.75 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 Michael J. Lucas, Jr., 1064 Univer- sity Avenue Crane Enterprises, Inc. (Also Sun- day Sales), 245 Kennedy Road Passed, adopted and approved this 3rd day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Regular Session, November 3, 1975 Attest: I Approved February Leo F. Frommelt i 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, Meyers,(,, Stackis. Nays—None. Councilman Brady moved that the City do not certify the re-/' cent special census taken at this time, and directed the City Clerk to officially notify the Census Bu- reau that we have reason to be- lieve that we do not have a valid census. Seconded by Councilman Stackis. Carried by the following vote: Yeas —Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. Councilman Stackis moved that Jack W. Roach, a bank representa- tive. be appointed to the newly formed Rehabilitation Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays—None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays --None. Leo F. Frommelt City Clerk 578 Special Session, November 10, 1975 CITY COUNCIL OFFICIAL Special Session, November 10, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Absent—Councilman Meyers. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of RE- CEIVING THE CANVASS FROM THE BOARD OF SUPERVISORS SHOWING RESULTS OF THE MU- NICIPAL GENERAL ELECTION HELD ON NOVEMBER 4, 1975, and acting upon such other busi- ness as may properly come before a Regular Meeting of the Council. Proof of Publication, certified to by the Publisher, of Official Sam- ple Ballot for the Municipal Gen- eral Election held Tuesday, Novem- ber 4, 1975, presented and read. Councilman Stackis moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Meyers. CITY OF DUBUQUE MUNICIPAL ELECTION HELD NOVEMBER 4, 1975 CANVASS HELD NOVEMBER 10, 1975 CERTIFICATE State of Iowa, Dubuque County, ss: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do hereby certify that the following is a true and correct abstract of the votes cast for each of the Dubuque City candidates in the City of Dubuque Municipal Election held on November 4, 1975 as listed and enumerated hereinbelow by precinct and in accordance with the respective returns from the precinct election officials. o 9L a p 2n c l9d cE AE A E> _ Ems_ cm °r Precinct oA 1 at Wi- r 1-F- Y` Ki c°W Ha ::° 0.0 O 0 1 77 75 313 280 232 142 174 387 2 39 57 150 142 109 81 85 205 3 50 69 250 223 167 146 114 307 4 109 129 407 380 278 202 230 526 5 54 63 202 210 137 100 123 279 6 55 64 176 190 129 103 117 251 7 68 77 158 148 121 110 85 240 8 69 68 177 177 148 109 116 257 9 46 61 148 149 116 94 87 214 10 66 83 106 97 166 116 133 296 11 123 90 348 340 251 241 165 464 12 91 98 289 295 238 150 190 402 13 149 76 429 436 338 249 254 572 14 91 77 262 279 220 141 199 382 15 89 79 297 266 221 151 169 382 16 76 81 289 306 206 158 177 393 17 119 87 402 412 284 173 300 540 18 85 91 250 258 219 138 176 359 19 95 101 385 401 316 158 310 504 20 106 93 315 320 267 113 277 439 21 62 85 309 300 243 137 210 393 22 74 70 301 297 231 176 168 383 23 58 88 310 309 220 167 162 392 24 118 61 360 352 307 192 214 471 25 87 77 322 295 235 185 163 403 Absentee 28 11 107 103 83 46 50 131 Totals 2,084 2,016 7,062 6,965 5,482 3,778 4,448 9,572 Special Session, November 10, 1975 577 We further certify that at the Dubuque City Municipal Election held November 4, 1975 the following persons, having received the larg- est number of votes in said election, are declared elected to th Dubuque City Council as follows, to -wit: We further certify that Thomas A. Tully, Jr. was elected to fill the unexpired term of Allan T. Thorns according to Section 69.12 of the 1975 Code of Iowa which provides that "if the vacancy is on a multi- member body to which more than one non -incumbent is elected for the succeeding term, the non -in- cumbent who received the most votes shall be deemed elected to fill the remainder of the unex- pired term. A person so elected to fill an unexpired term shall qual- ify wtihin the time required by Sections 63.3 and 63.8. Unless oth- er requirements are imposed by law, qualification for the unex- pired term shall also constitute qualification for the full term to which the person was elected." We further certify that Thomas G. Schrup was declared elected to the regular six year term of Park Commissioner and that David J. Willoughby was declared elected to the unexpired six-year term of Park Commissioner: that the reg- ular four-year term for Council- man and the regular six-year term for Park Commissioner shall com- mence January 2, 1976; and that the unexpired term for Council- man and the unexpired term for Park Commissioner shall com- mence November 10, 1975. Wilfred Bahl, Vice -Chairman Ray Scherrman, Member Absent: Donald C. Meyers Attest: Harold P. Meloy Commissioner of Elections (Seal) 1, Harold P. I►teloy, duly elected and acting County Auditor and Commissioner of Elections of Du- buque County, Iowa do hereby cer- tify that the above and within consisting of one (1) page, is a true and correct abstract of the canvass of the City of Dubuque regular election held November 4, 1975. !n testimony, whereof, witness MY hand and the seal of the COun- Thomas A. Tully, Jr. Richard Wertzberger tv of Dubuque. Iowa this 10th day of November, 1975. (Seal) Harold P. Meloy, County Au• ditor and Commissioner of Elec- tions of Dubuque County, Iowa. Councilman Stackis moved that the Canvass be received and filed and made a Matter of Record. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Meyers. RESOLUTION NO. 411.75 Whereas Councilman Donald R. Meyers was appointed io fill the unexpired term of Allan T. Thoms, and that at the time of the ap- pointment of Donald R. Meyers he expressed the desire to serve lm - til the next election of Councilman at the election held on November 4, 1975, and, Whereas said general election was held and Thomas A. Tully, Jr. received the highest number of votes for City Councilman at said election, and, Whereas the condition of ap- pointment made by Donald R. Meyers should be respected and honored. NOW THEREFORE BE IT RE- SOLVED by the City Council, City of Dubuque, Iowa: Section 1. That the resignation of Donald R. Meyers, as Council- man of the City of Dubuque, Iowa, be and the same is hereby accept- ed with regrets and an official and public thanks should be bestowed upon said Donald R. Meyers for his devotion and interest to the enriched life of this community. Section 2. That in view of the vacancy of the officeof resignation ty C oithelman of by of Donald R. Meyers, that the said vacancy be in and the same should be filled, and that the said Thomas A. Tully, Jr. be and he is hereby appointed Councilman, to fill the unexpired term of Allan T. Thoms. 578 Special Session, November 10, 1975 Passed, adopted and approved this 10th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by i the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays—None. Absent—Councilman Meyers. November 10, 1975 Honorable Mayor and Members of the City Council I hereby resign from the Du- buque Human Rights Commission, effective immediately. Thomas A. Tully Jr. Vice President Councilman Stackis moved that the resignation be accepted and received and filed and be made a Matter of Record. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tully. Nays—None. Communication of Dubuque Met- ropolitan Solid Waste Agency sub- mitting minutes of their meetings of September 16 and October 28, 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, Coun- cilmen Brady, Lundh, Stackis, Tully. Nays—None. November 5, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the request of property owners at 1660 and 1690 Asbury Road, in the City of Dubuque, Iowa, for reclassification of their properties, as well as the prop- erty at 1670 Asbury Road, from the OR -1 Office Residential Dis- trict to the C-2 Local Service Com- mercial District. The petitioner's communication had alleged that their properties had been incorrectlty classified on the recently adopted Zoning Map. The Commission has determined that the Zoning Map is not in er- ror and that the subject proper- ties are appropriately classified in the OR -1 District. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Mr. & Mrs. Ben Lammer, resi- dents of 1660 Asbury Road, spoke in response to the recommenda- tion of the Planning & Zoning Com- mission as to the present zoning classification of their property. They seemed to be of the opinion that the rezoning has reduced the value of their property and it is not considered good residential property. It also appears to them that this could be considered spot zoning. They have lived on the property for some twenty years, and they feel that their property has been incorrectly classified on the new zoning map. Mayor Justmann moved that the communication of the Planning & Zoning Commission be referred to Staff for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. November 5, 1975 Honorable Mayor and City Council I am returning to you the peti- tion of Mr. Kaiser for street lights on Pasadena Drive. The location has been investigated and it is recommended that two 175 watt mercury vapor lights be installed on the developer's standards. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be approved. Special Session, November 10, 1975 579 Seconded by Councilman Lundh. Carrie d by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. November 6, 1975 Honorable Mayor and City Council I return to you the petition of Floyd D. Berendes for the vaca- tion of a section of Jansen Street abutting his property. The section of street that is be- ing considered is unimproved. A portion of it is a steep slope which is a storm water course. 1 recommend that the section of Jansen Street be vacated and trans- ferred to Mr. Berendes on these conditions: That he provide the city en- gineer with a survey of the area to be vacated. That he pay all publishing and recording costs. That he agree to be entirely responsible for any storm flow damage. I have informed the petitioner of these conditions. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Communication of Water Quality Management Division advising of a public hearing to be conducted by the Iowa DEQ concerning the adop- tion of the proposed Water Quality Management Plan for the North- east Iowa Itiver Basin, the latter part of Docember, 1975, presented and read. Councilman Stackis mov- ed that the communication be re- ceived and filed Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Councilman Lundh presented a verbal report on the Energy Man- agement Plan. Notice of Claim of Marvin L. Zoutte, in an undetermined amount, for personal injuries, resulting in a fall through an open manhole in the 300 Block of Glen Oak St., on November 1, 1975, presented and react. Councilman Stackis moved that the Notice of Claim be re• ferred to the City Attorney for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Stackis, Tully. Ways — None. Abstain — Councilman Brady. Notice of Claim of Thomas Chap- man, in amount of $2,500.00, for personal injuries received in a fall on a defective sidewalk on west side of White Street between 18th do 19th St, on Sept. 8, 1975, (original claim filed 10-16.75), pre- sented and read. Councilman Stack - is moved that the notice of claim be referred to the City Attorney for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None, Notice of Claim of Terry Stim- son, in approx. amount of $75.00, for loss of eye glasses due to fall on stairs at 18th do Central Ave. on 'November 5, 1975, presented and read. Councilman Stackis mov- ed that the notice of claim be re- ferred to the City Attorney for proper proceedings. Seconded by Councilman Tully. Carried by the following vote: City Attorney for proper pro- ceedings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, TUI- ly. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate on W. 5th St. to provide cathodic protettion, presented and read. Councilman Lundh hoSed that the request be apt by Councilman Stackis. Carried by the following vote: Yeas -- Mayor Justmann. , Tul- cilmen Brady, Lundh, Stackis, ul- ly. Nays — None. Petition of Joe Paradi ani a (434 signers) objeoting zon- ing or other action which would permit use of P,PeMy at inter & Asbury section of Judson Dr. 580 Special Session, November 10, 1975 Rd. for the Seventh Step Founda- tion, presented and read. Coun- cilman Lundh moved that the peti- tion be received and filed and re- ferred to Council in view of the fact that no formal application has been received. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Marian Bridge re- questing $50.00 refund on unexpir- ed portion of Cigarette License, discontinued business on October 4, 1975, presented and read. Coun- cilman Stackis moved that the re- fund be granted and the City Aud- itor directed to issue proper war- rant. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of American Legion Post #6 requesting permission to conduct Veterans' Day Ceremonies on November 11, 1975, at the base of the Town Clock on 7th & Town Clock Plaza beginning at 10:30 A.M., presented and read. Coun- cilman Stackis moved that the re- quest be approved. Second by Councilman Lundh. Carried by the following vote: Yeas — Mayor .Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. November 7, 1975 Honorable Mayor and City Council We are submitting for your ap- proval the preliminary estimates, plans and specifications and resolu- tion of necessity for the following project listed under HUD -WS - IOWA -99. CONTRACT III SOUTH DUBUQUE SANITARY INTERCEPTOR SEWER We recommend that the final plans and specifications as submit- ted be accepted, that bids be taken and contracts be awarded after final acceptance by HUD. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 412.75 Preliminary Estimates, and ap- proval of plans, specs. etc. for Con- tract No. 3 South Dubuque Sani- tary Interceptor Sewer -HUD -WS - IOWA -99, in estimated amount of $269,288.56, presented and read. Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote, Yeas—Councilmen Brady, Lundh, Stackis, Tully. Nays — Mayor Justmann. (Necessity for Improvement) RESOLUTION NO. 413-75 WHEREAS, proposed plans, spe- cifications, and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement for the Contract No. 3 South Dubuque Sanitary In- terceptor Sewer HUD -WS -IOWA - 99. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement, 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 cost of the 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 approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from Sani- tation Sewage Rental Fund and a Federal Grant. The above resolution was intro- duced, approved and ordered Special Session, November 10, 1975 581 placed on file with the City Clerk Attest: this 10th day of November, 1975. Leo F. Frommelt Approved and placed on file for City Clerk final action. Councilman Stackis moved adop- C. Robert Justmann tion of the resolution. Seconded Mayor by Councilman Lundh. Carried by Alvin E. Lundh the following vote: Thomas A. Tully, Jr. Yeas --Councilmen Brady, Lundh, James E. Brady Stackis, Tully. Emil Stackis Nays—Mayor Justmann. Councilmen Attest: Leo F. Frommelt RESOLUTION NO. 415.75 City Clerk BE IT RESOLVED by the City Counicilman Stackis moved ap• Council of the City of Dubuque, proval of the resolution. Second- i Iowa, that the following having ed by Councilman Lundh. Carried complied with the provisions of by the following vote: law relating to the sale of Ciga- Yeas--Councilmen Brady, Lundh, rettes within the City of Dubuque, Stackis, Tully. Iowa, be granted a permit to sell Nays—Mayor Justmann. Cigarettes and Cigarette Papers (Fixing Date of Hearing) within said City. RESOLUTION NO. 41475 Orville P. Murphy, South End WHEREAS, the City Council of Lounge & Beer Store, 139 Locust the City of Dubuque, Iowa has giv Street Inns of Iowa Ltd Dubuque, Ramada en its preliminary approval on the proposed plans, specifications, and Inn West, U.S. 20 at Mercer form of contract and placed same Drive Passed, adopted and approved on file in the office of the City this 10th day of November 1975. Clerk for public inspection for the C. Robert Justmann Contract No. 3 South Dubuque San- Mayor itary Interceptor Sewer—HUD-WS- Alvin E. Lundh IOWA -99. James E. Brady BE IT THEREFORE RESOLVED Emil Stackis that on the 24th day of November, Thomas A. Tully, Jr. 1975, a public hearing will be held Councilmen at 7:30 p.m. in the Councu Cham - her of the City of Dubuque at which time the objectors for the proposed 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 di- rected 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 four (4), nor more than twenty (20) 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 improvement. Passed, adopted and approved this 10th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays --None. At 8:29 P.M. Councilman Brady 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—MayLu dh t mmann, Council en Brady, Stackis, Tully. Nays—None. Council reconvened in Regular Session at 9:05 P.M• No point - mems were an no There being further business, Councilman Stackis moved ount Councilman ad- journ. Seconded byythe following Lundh. Carried by vote: 582 Special Session, November 10. 1975 Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Leo F. Frommelt City Clerk Approved February 9,1976 Adopted February 9,1976 Special Session, November 17, 1975 583 CITY COUNCIL OFFICIAL Special Session, November 17, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tully. City Manager Gilbert D. Chavenelle. invocation was given by Auleen Eberhardt. Mayor Justmann read the call and stated that service thereof had , been duly made and this meeting 1 is called for the PURPOSE OF CONSIDERING ACCEPTANCE OF CITY OF DUBUQUE 1975 A5- I PHALT PAVING PROJECT NO. 1 and acting upon such other busi- ness as may properly come before l a regular meeting of the Council. Mike Keegan of the Dubuque Ambassadors presented Commun- ity Awards received from the State j of Iowa. 1) Youth Participation award from Governor Ray: 2) 4th Place Beautification Program award: and 3) Special Governor's j Leadership award to Mayor C. Rob- ert Justmann. Communication of Thermolyne Sybron Corporation thanking the various City agencies for their help in the Beautification Project on Kerper Blvd., presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Tully. Nays—None. Communication of Dubuque Met- ropolitan Solid Waste Agency sub- mitting minutes of their meeting of November 5, 1975, presented and read. Councilman Stackis moved that the minutes be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays ---None. Communication of Human Rights Commission submitting minutes of their meeting of November 13, 1975, presented and read. Coun- cilman Stackis 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, Tully. Nays—None. Communication of Hogan do Hart. son as Counsel for Teleprompter Cable Communications Corp. d/b/a Teleprompter advising of submis. sion of certificate of compliance to FCC, presented and read. Council. man Stackis moved that the com- munication be received and filed. Seconded by Councilman Tully. L a' reed by the following vote: Yeas—Mayor Justmann, council- men Brady, Lundh, Stackis, Tully. Nays—None. Printed Council Proceedings for the month of August, 1975, pre- sented for approval. Councilman Stackis moved that the Council Proceedings be approved as print- ed. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Communication of Iowa DOT ad- vising that the paint color for the painting of the Julien Dubuque Bridge to the standard green col- or in accord with subsequent City Council action, letting of work is scheduled for January 6, 1975, pre- sented and read. Councilman Lundh moved that the communi. cation be received and filed. Sec. onded by Councilman Tully. Car- ried by the following vote: Yeas --Councilmen Brady, Lundh, Stackis, Tully. :Nays—Mayor Justmann. November 13, 1975 Honorable Mayor and City Council We have just received an amended Flood Hazard Boundary Map for the City of Dubuque. This map shows the present floodwall as the boundary line to be used in determining what areas should be covered by flood insurance. Previous to this daat , we Map heck ve been working was prepared in 1970, prior to com- pletion of the floodwall. The pre- vious map classifies most of the area covered by the 1965 flood ar the flood hazard area and re - ll construction, re- quires that alated to federal financing, in that 584 Special Session, November 17, 1975 area be covered by flood insur- ance. The financial institutions and the insurance companies have been vitally interested in having the City request revised maps that would reflect the benefits of the floodwall. This revision, I believe, complies with their desires and should be of substantial benefit to the people living in the previously classified flood hazard area. The new map becomes effective Octo- ber 31, 1975. Any citizen or firm has the opportunity, within the next 90 days, if they do not agree with the new boundary limits, to request that an amendment be made. Copies of the map are being dis- tributed to all financial institu- tions in the community. F'rancis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Communication of League of Women Voters stressing the need for adoption of a formal annexa- tion policy and requesting con- tinued deliberations to come forth with an annexation policy in the near future, presented and read. Mayor Justmann moved that the communication be referred to Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. November 14, 1975 Honorable Mayor and City Council You have before you an ordi- nance to provide that the alley be- tween 5th and 8th Streets—Main and Locust Streets, be made a two- way alley. I have attached a copy of a let- ter from Chief O'Brien substantiat- ing this change. We request that you favorably consider the ordinance. Gilbert D. Chavenelle City Manager 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, Tully. Nays—None. ORDINANCE NO. 45.75 An Ordinance amending Ordi- nance No. 3349 known as the "Traffic Code of Dubuque, Iowa" at amended by repealing Sub- section b of Section 1 of Sched- ule 1 and enacting a new sub- section b of Section 1 of Sched- ule 1 in lieu thereof to provide that traffic shall move northerly only in the alley between Locust Street and Main Street from West First Street to West Fourth Street and from West Sixth Street to West Twelfth Street, Presented and read. Councilman Stackis moved that the reading Just had be considered the first reading of the Ordinance. Second- ed by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. ORDINANCE NO. 45.75 AN ORDINANCE AMENDING ORD- INANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEAL- ING SUBSECTION b OF SECTION I OF SCHEDULE I AND ENACTING A NEW SUBSECTION b OF SECTION 1 OF 'CHEDULE I IN LIEU THEREOF r0 PROVIDE THAT TRAFFIC SHALL MOVE NORTHERLY ONLY IN THE ALLEY BETWEEN LOCUST STREET AND MAIN STREET FROM WEST FIRST STREET TO WEST FOURTH 0TREET AND FROM WEST SIXTH ;TREET TO WEST TWELFTH STREET. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF 'rHl CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, I•.,wa" as amended be and the same is hereby amended by repealing Subsection b of Section I of Schedule I thereof and Special Session, November 17, 1975 585 enacting a new Subsection Is to Section 1 of Schedule I in lieu thereof as follows: "SCHEDULE 1. 1. Traffic shall m,.ve northerly only: b. In the alley between Locust Street and Alain Street from West First %tree: to Veit Fourth Street and from West Sixth Street to West Twelfth Street." Passed, approved and adopted this 17th day of November, 1971. C. KA,e.rt Justmann mayor Alvin E. Lundh Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommclt, City Clerk Published officially in the Telegraph Herald Newspaper this Zoth day of No- vember 197f. Leo F Frommelt City Clerk 1t t1/Zo Councilman Stackis moved final adoption of the Ordinance. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Petition of Citizens for Decency thru Law requesting to be heard at the meeting, also presenting a Legislature study for the State of Iowa done by Attorney James J. Clancy who has won cases at the U. S. Supreme Court level, pre seated and read. Councilman Steakis moved that the petition be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Mrs. Marting and Mrs. Furuseth addressed the: Council requesting a Positive stand on obscenity be ta- ken by Council. Communication submitted by Mrs. Marting received from Ander- son -Weber Inc., George Deininger, Lee Francis, Hildey Chemical Co., Hillcrest Family Services, John- nie's Sport Center, Bev, Krausman Realty, Joan O'Brien Realty, Theo. dore G. Hingtgen, Mulgrew Oil Co., Knippel's Teresa Pluym, John H. Pollock, Rainbo Tire Service, Rossiter & Hamm, Thompson's, Trausch Baking Co., Weber Paper Co., Walsh Stores and Frommelt Industries, voicing oppositions to zoning for "adult entertainment," presented and read. Councilman Stackis moved all communications be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. November 7, 1975 Honorable Mayor and City Council This is to advise you that the City of Dubuque 1975 Asphalt Pav- ing Project No. 1 has been 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 Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. 1 Nays—None. FINAL ESTIMATE RESOLUTION N0. 416-75 WHEREAS, the contract for the City of Dubuque 1975 Asphalt Paving Project No. I. SECTION I Dodge Street from the east curb line of Bluff Street to a point 325 feet cast 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 cast curb line of Grandview i Avenue. SECTION III ! 1. Alley from the west end of Cherry Street to tile north curb line of Pennsylvania Avenue. 586 Special Session, November 17, 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 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 Avenue Intersection -Island. 8. 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. 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. 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 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 $558,202.12. That $75,251.55 of the cost thereof shall be assessable upon private property and $378,522.88 shall be paid from the Road Use Tax Fund and $104,427.69 shall be paid from the State of Iowa Re- fund Fund of the City of Dubuque. Passed, adopted and approved this 17th day c,f November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 417-75 WHEREAS, the contract for the City of Dubuque 1975 Asphalt Pav- ing 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 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 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. 5. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet cast of the Overpass. Special Session, November 17, 1975 587 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 Grand- view Avenue north 517 feet to the end of the existing concrete pave- ment. 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. 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 di- rected to prepare a plat and sched- ule 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 17th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. ,Tames E. Brady Emil Stackis Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the res.)lution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully, Nays—None. November 14, 1975 Honorable Mayor and City Council I herewith transmit a proposed form of contract with Brice -Pet- rides Associates, Engineers, for a Corridor Location Study of the North-West Arterial. This contract has been prepared in consultation with the Iowa Department of Transportation and Federal High- way Administration and has been found acceptable to them and in conformance to their regulations governing federally -aided roadway projects. We have also attached a pro- posed Resolution authorizing the execution of this contract, and rec- ommend that it be adopted. Mr. Petrides and our staff will be pres- ent at your meeting and we re- quest the opportunity to review this matter. Gilbert D. Chavenelle City Manager Mr. King of Brice -Petrides Asso- ciates spoke to Council relative to proposed form of contract. Councilman Lundh moved that the communication of City Man- ager be received and filed and adoption of proposed resolution be held over for one week. Seconded by Councilman Brady. Carried by The following vote: yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays_None. RESOLUTION N0. 419.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; 588 Special Session, November 17, 1975 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 Lucky Stores, Inc., 200 South Lo- cust Street Passed, adopted and approved this 17th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 419.75 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 1T 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., 200 South Lo- cust Street Passed, adopted and approved this 17th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 420-75 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 Shirley L. Chidester, 2417 Rhom- berg Avenue Town Clock Inn, Inc., 8th and Main, Nesler Center Lowrie E. Smith, 521 East 22nd Street Passed, adopted and approved this 17th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundli, Stackis, Tully. Nays—None. RESOLUTION NO. 421.75 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, Special Session, November 17, 1975 589 NOW THEREFORE BE IT RE- Approved Febl'.U9r 9 .1976 SOLVED by the City Council of Dubuque, Iowa, that the Manager FebrUar be authorized to cause to be is- opt d .. , . , 9,. 1976 sued to the following named ap- "01 plicanls a Liquor License. / CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Shirley L. Chidester, 2417 Rhom- berg Avenue Town Clock Inn. Inc., 8th and Main, Nesler Center Lowrie E. Smith, 521 East d Street Passed, adopted and approved this 17th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. At 930 P.M. Councilman Brady moved to go into Executive Ses- sion to appoint members to the newly formed Rehabilitation Com- mission. Seconded by Mayor Just - mann. Carried by the following vote: Yeas --Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Council reconvened in Regular Session at 9:47 P.M. with the con - census they do not have enough applications as yet; will go back at it again next week. There being no further business, Mayor Justmann moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas ---Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays None. Leo F. Frommelt City Clerk Attest-:_. `u=. City Clerk 590 Special Session, November 24, 1975 CITY COUNCIL OFFICIAL Special Session, November 24, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tully. 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 CONSIDERING AWARD OF CON. TRACT FOR THE CONSTRUC- TION OF A 12" WATER MAIN OVER THE 16th STREET BRIDGE and acting upon such other busi- ness as may properly come before a Regular Meeting of the Council. Communication of Iowa Depart- ment of Environmental Quality ap- proving the sanitary and function- al features of 250' 6" water main extension of St. George Sub. #2, presented and read. Mayor Just - mann moved that the communica- tion be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Communication of Iowa Depart- ment of Environmental Quality submitting a proposed Water Qual- ity Management Plan for the Northeastern Iowa Basin, also a copy of legal notice of public hear. ing to be held on December 30, 1975, at 9th Street Fire Station at 7:30 P.M., presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. November 20, 1975 Honorable Mayor and Members of the City Council I have approved the certificate of Insurance covering a sidewalk construction bond for Delbert G. Miller, No. 994535, effective to 12- 11-76 and wish 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. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Communication of Paul From - melt and Frommelt. Industries ob- jecting to proposed Ordinance, zon- ing areas for massage parlors, etc., 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, Tully. Nays—None. Communication of Willie Wil- liams, Branch Manager of Sherwin- Williams, objecting to rezoning areas for adult entertainment, 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, Tully. Nays—None. Communication of Gertrude E. Scherr of 1695 N. Grandview re- questing Council to give serious consideration to the idea of an adult entertainment zone as it may kill the downtown area, presented and read. 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, Tully. Nays—None. November 19, 1975 Honorable Mayor & City Councilmen On November 3, 1975, the peti- tion of Mrs. Mary Lee Marling, President of Dubuque Chapter of Citizens for Decency through Law, filed a written communication al- leging that because of the recent Home Rule Decision in July 1975, the City is now in a position to file and enact a proposed form of ordinance which is entitled "Mod- el Civil Statute to Abate Nui- sance," (revised January 1, 1975.) At the City Council meeting of November 17, 1975, Mrs. Mary Lee Special Session, November 24, 1975 591 Marting together with Mrs. Patricia I to the Citizens of City of Dubuque, Furuseth appeared before the City presented and read. Mayor Just- Council and at which time Mrs. mann presented a map to City Marting furnished additional infor- Council showing land in the North mation concerning the proposed Catfish Creek area to tie into a pro- form of ordinance. posed lake, in lieu of gift of Emer- At said meeting, Mrs. Marting ald Necklace idea referred to in admitted that she had been in con- his communication. Mayor Just- versation with Attorney General's mann moved that the communica. office who advised her that this tion be received and filed and a "Model Statute to Abate Nui- study on the feasibility of use be sance," while it could be enacted, authorized and referred to the would not be enforceable by rea- Planning Group. Seconded by son of the fact that in the regula- Councilman Stackis. Carried by the tion and prohibition relating to following vote: obscenity and pornography the Yeas—Mayor Justmann, Council. State has arrogated this area unto men Brady, Lundh, Stackis,Tully. itself. Nays—None. Section 725.9 relating to Uni- November 20, 1975 form Application provides as fol- honorable Mayor lows: and City Council "725.9 UNIFORM APPLICATION. During a September meeting of In order to provide for the uni- the City Council the City Manag- form application of the provisions er's Office was authorized to en- of sections 725.1 to 725.10 relat- ter into a public service employ- ing to obscene material applicable ment (CETA) contract with the to minors within this state, it is Iowa State Office for Planning and intended that the sole and only Programming for the purpose of regulation of obscene material finding work for unemployed and shall be under the provisions of underemployed city residents. these sections, and no municipal- Included in the contract was ity, county or other governmental finding for the hiring of an Equal unit within this state shall make Employment Opportunity Officer any law, ordinance or regulation until June 30, 1976. Final inter - relating to the availability of ob- views are now being conducted for scene materials. All such laws, or- the position and when a selection dinances, or regulations, whether is made the City Council will be enacted before or after said sec• advised. Gilbert D. Chavenelle tions, shall be or become void, en. forceable and of no effect upon City Manager July 1, 1974." Councilman Stackis moved that In view of the foregoing Section, the communication be received and in view of the opinion of the and filed. Seconded by Councilman Attorney General as expressed to Tully. Carried by the following Mrs. Marting, 1 wish to say I con• vote: Yeas--Mayor Justmann, Council- cur. Accordingly, we are maintaining men Brady, Lundh, Stackis, Tully. a ready file on this matter await- Nays--None. ing action of the legislature of the Communication of Dubuque Transit Trustee Board submitting State of Iowa. minutes of their meeting of No- R. N. Russo vember 13, 1975, presented and City Attorney read. Councilman Stackis moved Councilman Lundh moved that that the minutes be received and the communication be received filed. Seconded by Councilman and filed and referred to Council. I Tully. Carried by the following Seconded by Councilman Tully. vote: Carried by the following vote: seas—Mayor Justmann, Council- Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. men Brady. Lundh, Stackis, Tully. Nays--None. Nays---None. Communication of Mayor Just- Communication of Planning & Commission submitting mann submitting a report to Coun. mintes of their meeting of Novem- cil on gift of Emerald Necklace 592 Special Session, November 24, 1975 ber 19, 1975, presented and read. Councilmen Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady,Lundh, Stackis, Tully. Nays—None. Communication of Dubuque Low - Rent Housing Commission submit- ting minutes of their meeting of November 18, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. November 19, 1975 honorable Mayor and City Councilmen On October 8, 1975, Mrs. Thomas (Janet) Dempsey of 1906 Ellen Street, filed claim for damages against the City of Dubuque in the approximate amount of $500.00, claiming said damages occurred to the basement of her residence and its contents on October 5, 1975 as the result of a sewer backup. This matter was referred to the appropriate City Agency who has made an investigation of said mat- ter and reports by way of letter that they find no actionable negli- gence or liability on the part of the City. Accordingly, it is the rec- ommehdation of the City Attorney that the claim of Janet Dempsey be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Justmann moved that the recommendation of denial be ap- proved. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. November 19, 1975 Honorable Mayor and City Councilmen On the 29th day of September, 1975, Joyce L. Talmo filed claim against the City of Dubuque, Iowa, in the sum of twenty-one dollars and eleven cents claiming damages to her tires as a result of striking a protruding metal sidewalk plate at 20th and Windsor, Dubuque, Iowa. This matter was referred to the City Attorney who in turn com- municated with the property own- er, involved and that the said City Attorney was advised on this 12th day on November, 1975, telephoni- cally, that she had received the check in full payment. Accordingly, this disposes of the matter at no expense to the City. Original claim is returned here- with. R. N. Russo City Attorney 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, Tully. Nays—None. November 6, 1975 Honorable Mayor and City Councilmen On March 11, 1975, Mrs. Frank (Lucille) Suess filed claim against the City of Dubuque, Iowa, as a result of a fall allegedly occurring on the 28th day of February, 1975, at the northeast corner of Loras Boulevard and Alta Vista Street, claiming that a defective condition existed thereat, consisting of snow and ice on the sidewalk. This claim was referred to the City Attorney who has been in communication with the claimant and on the 6th day of November, 1975,.the claimant made an offer of settlement in the amount of $175.00. It is a recommendation of the City Attorney that the offer of set- tlement in the amount of $175.00 made by Mrs. Frank Suess be ap- proved, and the City Auditor be instructed to draw a warrant pay- able to Lucille Suess and Frank Suess, her husband, in the amount of $175.00, and transmit the same to the City Attorney for delivery to the claimant upon receipt a duly executed release. Original claim is returned here- with. R. N. Russo Mayor Justmann moved that the j recommendation of settlement be Special Session, November 24, 1975 593 approved and City Auditor be di- ter upon City owned property to rected to issue proper warrant. Sec- cut any trees or brush therefrom. onded by Councilman Stackis. Car- R. N. Russo ried by the following vote: City Attorney Yeas --Mayor Justmann, Council- Mayor Justmann moved that, the men Brady, Lundh, Stackis, Tully, communication be received and Nays—None. filed. Seconded by Councilman November 18, 1975 Stackis. Carried by the following vote: Honorable Mayor and Yeas—Mayor Justmann, Council City Councilmen - men Brady, Lundh, Stackis, Tully. The petition of Lynn and Mary Nays—None. Jo Beauchamp, filed October 22, 1975, relating to the alley en- November 21, 1975 croachment by Mr. Richard Ave- Honorable Mayor and narius, in the vicinity of 1010 Alt- Councilmen hauler Street, in the City of Du- The City of Dubuque Planning buque, Iowa, and the communica- and Zoning Commission has held tions of Mr. & Mrs. William Mar- a public hearing on a series of shall, filed on October 31, 1975, amendments to the Zoning Ordi- touching on the same matter in nance No. 32.75. The amendments, alleging that Mr. Avenarius was as contained in the attached draft cutting down trees, and, in effect, ordinance, are to correct certain creating a condition conducive to technical features of the new zon- wash-outs and deterioation of the ing code, as deficiencies were steep hillside. noted after the original draft had This was referred to the staff been acted upon by the Council. and the City Attorney, and 1 beg The Commission has determined to advise that a physical examina- that the proposed amendments are tion of the site was made, and it appropriate, and hereby recom- appears that it's acknowledged mend their adoption. that the fence of the Avenarius CITY PLANNING AND property encroaches upon a pub- ZONING COMMISSION lic alley the full width thereof, for Daniel Dittemore the distance of some approximately Development Planner 2030 feet. Admittedly, this con. Councilman Stackis moved that dition has existed for some time, the communication be received and the neighbors have seen fit and filed. Seconded by Councilman not to challenge such encroach- Tully. Carried by the following ment heretofore. vote: Now it appears that, due to some Yeas—Mayor Justmann, Council. differences, the parties are stand- men Brady, Lundh, Stackis, Tully. ing on their relative rights. Nays—None. To my knowledge, Mr. Avenarius AN ORDINANCE amending and is not paying the City any rent for changing Ordinance No. 32-75, the area he occupies, known as the "Zoning Ordinance I find no legal justification for and Zoning Map of the City of Du - such encroachment. buque, Iowa" which amendments repeat and sub - The letter of Mrs. William Mar- shall repeal, shell new language in lieu there, shall has been referred to the staff, and the City Attorney, and stitute of, or shall add new language in or shall add new lan- we, the City Manager, together lieu thereof, the ordinance as herein - with the members of his staff, guage to described, presented and and the City Attorney did make a after Councilman ackis moved physical inspection of the site, and read. s that the reading jut had be con - Mr. Kramer did make a detailed the first reading of the examination of the site, and re sidered ounci- by e Ordinance. Second ported that the cutting of trees Tully. by thd follow- Carrienot and shrubbery on the alley will produce a condition where soil I man , ing vote: Council - erosion will result. Yeas--Alayor Justmann, men Brady, Lundh, Stackis, Tully. I find no legal justification or Nays --None. authority for Mr. Avenarius to en- 594 Special Session, November 24, M5 Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meet- ings prior to the meeting when final action is taken be dispensed with. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Councilman Stackis moved that a public hearing be held on the Ordinance on December 15, 1975 at 7:30 o'clock P. M. in the Coun- cil Chamber at the City Hall and the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Tully. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Petition of Lloyd S. Gudenkauf, requesting relief from a section of the new Zoning Ordinance relative to extension of roof lines from a structure in the area of W. 16th Street, presented and read. Coun- cilman Lundh moved that the pe- tition be referred to the Board of Zoning Adjustment. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Petition of Francis J. Kelly & Col. Wayne Daffron, Ia. Nat'l Guard, requesting permission to address Council to request ground for the construction of a new Na- tional Guard Armory in Dubuque, funding will be available in 1976, presented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Second- ed by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Brigadier General Kelly and Col. Dafron addressed the Council stat- ing the need of 7 acres of donated ground; Must have a clear title by July 1, 1976, and certified by the Attorney General; Construction proposed for fiscal year 1978. Councilman Stackis moved that the petition of Francis J. Kelly be referred to the City Manager and he be directed to work with people involved. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Petition of John J. "Hank" Waltz, President of Washington Neighbor- hood, requesting to address Coun- cil for the purpose of having Southern part of Washington Neighborhood rezoned from "Com- mercial & Industry District" to 11OR-1 District" presented and read. Hank Waltz and 13ob Saw- vell, representing the Washington Neighborhood, spoke to the Coun- cil on the petition and submitted additional petition with 120 signa- tures requesting the rezoning. Councilman Lundh moved that the petitions be received and filed and referred to Planning & Zon- ing. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. A RESOLUTION establishing a moratorium on all rezoning re- quests, and instructing Planning & Zoning Staff and Commission to schedule no rezoning request hear- ings or work sessions during the. next 120 days (except for those already set for public hearing and Council declared emergencies) to speed the annexation proposal to Council, presented and read. Coun- cilman Brady moved adoption of the resolution. Seconded by Coun- cilman Lundh. Vote on the motion was as follows: Yeas—Councilmen Brady, Lundh. Nays — Mayor Justmann, Coun- cilmen Stackis, Tully. MOTION FAILED. Councilman Brady moved that the resolution be referred to the Planning & Zoning and City Solici- tor for information. Seconded by Mayor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Tully. Nays—Councilman Stackis. Communication of Councilman Brady submitting resolution re- questing North-West By-pass Con- sultants give serious consideration to the routing of the North end of Special Session, November 24, 1975 November 24, 1975_ 595 the Bypass and requesting Council steady, natural inclined route in support., presented and read. Coun- the South-westerly direction to an Gilman Brady moved that the com- intersection in the vicinity of 32nd munication be received and filed. Street and J.F.K. Road; and Seconded by Mayor Justmann. Car. WHEREAS, almost no structures ried by the following vote: or residences tie along that cor- Yeas--Mayor Justmann, Council- ridor and the apparent economic men Brady, Lundh, Stackis, Tully. and environmental impact would Nays—None. appear to be less, and no housing RESOLUTION NO. 422.75 rel,)cation would be caused. Relating Council Concern to NOW, THEREFORE, BE IT RE - Consultant on North-West By- SOLVED: That We, the City Coun- Pass Route Study cil of the City of Dubuque, Iowa, do 11'Hr:ItE:AS, the City of Dubuque go on record to state these con- is about to engage the services of cerns, and do hereby instruct our an Engineering Consultant for the Cc.nsultant on the North-West By purposes of studying a route and Pass to Study and Report to the alternatives for a possible North -following: Council o[ Dubuque on the following: West By Pass reaching from High. Section 1, That the value of the way 20 , n the West to Highway 52 '12nd Street corridor as the north - on the 'North, and will proceed erly position of the North-West By with a corridor location study in Pass appears questionable and the eluding economic and environment. Ciuncil asks the Consultant to al impact statements; and analyze its weaknesses and look for ArITFREAS, 32nd Street is being serious alternate routes which will considered as one of these pos- be reported to the City of Dubu- sible corridors for the northerly que branch of the by-pass; and Section 2. That the Consultant ""MEAS, the 32nd Street cor. take as one of the three alternates ridor already contains a large num to be studied, an alignment which her of residences and structures will extend from 32nd Street and which may be extremely expen- ,I.F.K. Road to near the junction sive and impracticable to work of highway 386 South with High - around or relocate; and way 52, thru the old corridor trav- WHERF.AS, the 32nd Street cor. eled by the Union Park Streetcars, ridor now functions as a collector with the possible inclusion of an street wherein marry smaller elevated interchange with Highway streets of necessity empty onto it, 386 running over highway 52. and whereas the traffic from these Passed, adopted, and approved streets would appear to be incom. this 24th day of November, 1975. patible with the Expressway Fund C. Robert Justmann tions and may interfere with its Mayor design and purpose; and Alvin E. Lundh WHEREAS, the corridor and Thomas A. Tully, Jr. traffic onditions on Highway 52 James E. Brady just north of the 32nd Street in. Emil Stackis t.ersection, are heavily developed Councilmen commercially and are constrictive ATTEST: at that joint, and appears question. Leo F. Frommelt able as to the desirability of that City Clerk area as a major interchange; and Councilman Brady moved adop- Seconded by NWHEREAS. the major exchange tion of the resolution. Carried by the of traffic appears to be in the area Mayor Justmann. of highway 386 South and high following vote: Coun- way 52, and that highway 386 is for the elevated near the Yeas — Mayor Justmann, Brady, Lundh, Stackis, Tul- most part junction, and some design relief c,ilmen l y'Nays will be necessary near that inter- _ None. section as freeway plans progress; RESOLUTION NO. 423.75 and WHEREAS, a natural gentle vsl- A Resolution Authorizing the Mayor and City Clerk to,nExe- ley known as the tTnion Park Val- a contra Engine— ley area lies adjacent to tha! major cu}e for intersection, and could serve as " intersection, , in9 596 Special Session. November 24, 1975 Location Study of a proposed North-West Arterial Roadway WHEREAS, Resolution No. 92.75 has provided for the selection of Brice -Petrides and Associates, to provide consulting engineering services for a Corridor Location Study of a proposed North-West Arterial roadway; and WHEREAS, said Resolution No. 92-75 has instructed the City Man- ager to prepare a fonn of contract with said consultant providing for a scope of services and method of payment; and WHEREAS, said form of con- tract has been prepared and is hereto attached; and WHEREAS, Resolution No. 93 75 has provided for the execution of a Project Agreement with the Iowa Department of Transportation, and provides for the eligibility of the foregoing project for consulting engineering services for participa- tion in the Federal -Aid Urban Sys- tems program; NOW THEREFORE BE IT RE- SOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and the same are hereby authorized and instructed to execute the acceptance of the Contract for Engineering Services hereto attached, on behalf of the City of Dubuque, Iowa, and sub- ject to conditions and amendments hereinafter prescribed. Section 2. That the acceptance and execution of the aforemention- ed Contract by the City of Dubu- que, Iowa shall be conditioned up- on the acceptance and approval of such Contract by the Iowa Depart- ment of Transportation and the Federal Highway Administration and that failure of either party to so accept and approve shall cause the contract to be null and void. Section 3. That acceptance and execution of this Contract by the City of Dubuque, Iowa is made pur- suant to a Project Agreement au. thorized in Resolution No. 93-75, which Agreement has secured the participation of this project in the Federal -Aid Urban System pro- gram. Section 4. That the ADDENDUM - DETAILED DESCRIPTION OF PLANNING AND ENGINEERING SERVICES attached to said Con- tract for Engineering Services be amended as follows: a, that paragraph C of PRE - EVALUATION STAGE be deleted and a new paragraph C be inserted in lieu thereof as follows; C. A "Public Informational Meet- ing" will be convened by the Du- buque City Council to explain the methodology to be used in con- ducting the Corridor Location Study. During the meeting and for the next month after completion of the meeting, community partici- pation will be sought in the form of route preference questionnaires and by visiting with interested citi- zens in order to establish alternate alignments. b. that paragraph F. of PRE - EVALUATION STAGE be deleted and a new paragraph F. be insert- ed in lieu thereof as follows; F. Consultants shall provide a recommendation to the Dubuque City Council and to the Policy and Technical Committees of the Du- buque Metropolitan Area Trans- portation Study as to the alter- nate alignments to be further evaluated in the Evaluation Stage. Following the report of the Dubu- que City Council, the Committees will select the alternates to be evaluated and will notify the Con- sultant to proceed with the evalua- tion. c. that paragraph H. of EVAL- UATION STAGE be deleted and a new paragraph H. be inserted in lieu thereof as follows; H. A public hearing will be held by the Policy Committee of the Dubuque Metropolitan Area Trans- portation Study for the project. Consultant shall make available all materials, drawings, exhibits, slides and tapes of the last informational meeting if requested by the Policy Committee. Passed adopted and approved this 24th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: I.eo F. Frommelt City Clerk Special Session, November 24_1975 597 Councilman Stackis moved adop- vember 20, 1975, and it has been tion of the resolution. Seconded by determined that the bid of Brac- t ouncilman Tully. Carried by the onier Inc., of Dubuque, Iowa in following vote: the amount of $54,635.00 was the Yeas — Mayor Justmann. Coun- lowest bid for the furnishing of all cilmen Brady, Lundh. Stackis, Tul- labor and materials and perform- ly. ing the work as provided for in the Nays — None. plans and specifications: now Proof of Publication, certified to therefore, by the Publisher, of Notice of Con- BE IT RESOLVED by the City tractors of the Receipt of Propos. Council of the City of Dubuque als for Construction of 12" Water that the contract. for the above Main over the 16th Street Bridge mentioned improvement be award - between Area "C" & Kerper Blvd., ed to Braconier Inc, and the Man - presented and read. Councilman ager be and he is hereby directed Lundh moved that the proof of to execute a contract on behalf of publication be received and filed. the City of Dubuque for the com- Seconded by Mayor Justmann. Car- plate performance of said work. ried by the following vote: BE IT FURTHER RESOLVED, Yeas — Mayor Justmann, Coun- that upon the signing of said con. cilmen Brady, Lundh, Stackis. Tul• tract and the approval of the con- ly. tractors bond the City Treasurer is Nays — None. authorized and instructed to return November 20, 1975 the bid deposits of the unsucess- Honorable Mayor ful bidders. and City Council Passed and adopted this 24th day Pursuant to your instructions, of November, 1975. sealed bids were received until C. Robert Justmann 10:00 a.m., Thursday, November Mayor 20, 1975 for the City of Dubuque Alvin E. Lundh 12" Water '.Hain over the 16th Emil Stackis Street Bridge Project. The lowest Councilmen bid entered was entered by Brac- ATTEST: onier Incorporated of Dubuque, Lee, F. Frommelt Iowa; their bid was 14.92`, over City Clerk the Engineer's Estimate. I recommend that the contract Councilman Lundh moved adop- for the improvements be awarded tion of the resolution. Seconded by to Braconier Incorporated. Mayor Justmann. Carried by the Gilbert D. Chavenelle following vote: City Manager Yeas — Mayor Justmann, Coun- Councilman Lundh moved that cilmen Lundh, Stackis. the communication be received and Nays — Councilmen Brady, Tul- filed. Seconded by Mayor Jus!- ly. mann. Carried by the following Proof of Publication, certified to vote: by the Publisher, of Notice of Yeas - Mayor Justmann, Coun. Pendency of Resolution of Neces- cilmen Brady, Lundh, Sdackis, Tui* sity and Hearing on proposed ly. plans, specs., etc. on Contract No. Nays — None. 3 South Dubuque Interceptor San. itary Sewer HUD -WS -IOWA 99, (Awarding Contract) presented and read. No written ob- RESOLUTtON NO. 424.75 jections were filed and no oral ob- N%IIIMFAS, sealed proposals jectors were present in the Coun- have been submitted by contractors Chamber at the time set for the for the City of Dubuque 12' Water cil hearing. Mayor Justmann moved Main Project over the 16th Street that the proof of publication be Bridge between Area "C" and Ker- received and filed. Seconded by per Blvd. pursuant to Resolution Councilman Lundh. Carried by the No. 403.75 and notice to bidders following vote: published in a newspaper publish- Mayor Justmann, Coun ed in said City on November 7, and yeas — cilmen Brady, Lundh, Stackis, Tul- 1975 and November 14, 1975; i y.Nay$ lREAS, WHEsaid sealed propos- — None. als were opened and read on No 598 Special Session, November 24, 1975 (Necessity for Improvement) RESOLUTION NO. 413-75 WHERF,AS, proposed plans, spe- cifications, and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment (2) An estimate of the cost of the improvement for the Contract No. 3 South Du- buque Sanitary Interceptor Sewer HiTD-WS-IOWA-99 BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, 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 cost of the 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 approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from San. itation Sewage Rental Fund and a Federal Grant. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 10th day of November, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 24th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays --None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements RESOLUTION NO. 425.75 WIIEREAS, proposed plans and specifications and form of con- tract for the construction of Con- tract No. 3 South Dubuque Inter- ceptor Sanitary Sewer HUD -WS. IOWA -99 have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 384 of the Code of Iowa, 1975, pertaining to Public contracts and bonds, and the time and place fixed for the hearing of all objections to said Plans, specifications or contract for or cost of such improvements, said time being this 24th day of No- vember, 1975; and WHEREAS, the City Council met in special session this 24th day of November, 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 duy 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, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same is 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 of said improvement be made a matter of permanent record in connection with said im- provement. Special Session, November 24, 1975 ygg Passed, adopted and approved this 24th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. (Ordering Construction) RESOLUTION NO. 426.7S BE IT RESOLVED by the City Council of the City of Dubuque that: Pursuant to a Resolution of Ne- cessity No. 413.75 which was duly pased by this Council for the Con- tract No. 3 South Dubuque Sani- tary Interceptor Sanitary Sewer HUD -WS -IOWA -99. Be and the same are hereby 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 accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation Sewage Rental Fund and Federal Grant. 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. Passed, adopted and approved this 24th day of November, 1975, C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council. men Brady, Lundh, Stackis, Tully. Nays—None. Communication of Teleprompter Cable TV submitting a resolution for consideration relative to liabil- ity of payment of copyright royal- ties on broadcast signals carried by cable systems, presented and read. Councilman Lundh moved that the communication be referred to the Cable Commission for investigation and report. Seconded by Mavor Justmann. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. A RESOLUTION urging the U. S. Congress to remove from the Om- nibus copyright revision bill all language which would require a copyright payment for carriage of broadcast signals on Cable TV, presented and read. Councilman Lundh moved that the resolution be referred to the Cable Commis- sion for investigation and report. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Communication of Roger A. and Joyce Ann Voss, 1020 Lincoln Ave., requesting deed be executed to them conveying any interest the City of Dubuque may have in "Lot 1, except the southeasterly 48 ft. thereof, of the Subdivision of E. 7 ft. 10 in. of Lot 9, and of Lot 11 and of N. 46 ft. 9 in. of Lot 13, Wick's Addition to the City of Dubuque," according to the record- ed plat thereof, presented and read. 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 Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 421.7S WIIEREAS, it appears that the City of Dubuque, Iowa has a con- tingent interest in the following described real estate; 600 Special Session, November 24, 1975 Lot 1, except the southeasterly ' 48 feet thereof, of the Subdivision of "E. 7 ft. 10 in. of Lot 9 and of Lot 11 and of N. 46 ft. 9 in. of Lot 13, Wick's Addition to the City of Dubuque, Iowa," according to the recorded Plat thereof and; WHEREAS, a part of said real estate consisted of an alley which was vacated in 1882 in exchange for a conveyance to the City of Dubuque of certain portion to be used as public alley; and WHEREAS, it appears that the City of Dubuque has never deliv- ered a deed thereto; and WHEREAS, it appears that the City of Dubuque should convey whatever interest it has in said vacated alley to Roger A. Voss and Joyce Ann Voss in order to per- fect the chain of title and that the disposal of said contingent interest to the same to the above named for the sum of $1.00 together with costs of publication should be ap- proved. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the conveyance of the contingent interest of the City of Dubuque into the herein- above described real estate to Roger A. Voss and Joyce Ann Voss be and the same is hereby ap. proved for the sum of $1.00 and costs of publication. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as pro- vided by law. Passed, approved and adopted this 24th day of November, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution and that a public hearing be held on Decem- ber 8, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and the City Clerk be in. structed to publish notice of the hearing in the manner required by law. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays—None. RESOLUTION NO. 428.75 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 "C" BEER PERMIT Thomapson's Food Markets, Inc., Oky Doky #f6, 1256 Iowa Street Passed, adopted and approved this 25th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 429.75 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 "C" BEER PERMIT Thompson's Food Markets, Inc., Oky Doky #6, 1256 Iowa Street Special Session, November 24, 1975 Passed, adopted and approved this 24th day of November 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis ATTEST: Councilmen Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Was — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. At 9.45 P.M., Councilman Tully moved to go into Executive Session to consider appointments to various Boards and Commissions. MOTION DIED FOR A LACK OF A SEC- OND. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Leo F. Frommelt City Clerk Approved February 9, 1976 Adopted February 9, 1976 Regular Session, December 1, 1975 --- 603 CITY COUNCIL OFFICIAL Regular Session, December 1, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. City Manager Gilbert D. Chavenelle. Absent — Councilman Stackis. Invocation was given by Mrs. Audrey Mortenson. 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 business as may properly come before the Meeting. Communication of Dubuque Hu- man Itights Commission submitting minutes of their meeting of No- vember 13, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent -- Councilman Stackis. Communication of Dubuque Air- port Commission submitting min- utes of their meeting of November 13, 1975, presented and read. Coun- cilman Lundh moved that the min- utes be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Communication of Citizens Ad- visory Commission submitting min - Wes of their meeting of November 25, 1975; and, 1) recommending ad- option of an Ordinance whereby labeling of all packaged items for sale in all retail establishments have u price visibly placed upon them, also, 2) that the Council con- sider publication of Council agenda in the preceding Sunday's newspa- per to encourage increased public participation, presented and read. Councilman Brady moved that the minutes of the Advisory Commis- sion be received and filed. Second. j ed by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Councilman Brady moved that Item #1 be referred to the City Solicitor to draw up an Ordinance in rough form for Council consid- eration and also refer to Advisory Commission to consider holding public hearings. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann. Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis, Mayor Justmann moved that It- em #2, in reference to publication of agenda matter, be referred to the City Cl,-rk for investigation and report. Seconded by Council- man Brady. Carried by the follow- ing vote: Was — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Communication of Mrs. Terry Ka- no voicing disapproval of zoning any areas in the City as "Adult Entertainment," presented and read. Councilman Lundh moved that the communication be receive ed and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. November 26, 1975 Honorable Mayor and City Council Please be advised that I have approved a Certificate of Insur- ance issued by St. Paul Fire & Marine Insurance Co, issued in be- half of Dubuque Area Chamber of Commerce and Downtown Merch- ants Bureau for Christmas decora- tions located in Town Clock Plaza from December 1, 1975 to January 15, 1976. May I have your approval of same also. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and filing be approved. See- 804 Regular Session, December 1, 1975 onded by Councilman Tully. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Communication of Blue Cross. Blue Shield subrogation notice of their rights in the personal injuries sustained by Delores Schuller on July 1, 1975, presented and read. Councilman Lundh moved that the communication be referred to the City Attorney for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of levy of Special Assessment and inten- tion to issue bonds for the con- struction of 1975 Asphalt Paving Project No. 1, presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Statement of City Clerk that Not- ices of Levy were mailed by certi- fied mail on November 20, 1975, to property owners of record subject to assessment to pay for cost of constructing 1975 Asphalt Paving Project No. 1, presented and read. Councilman Lundh moved that the statement be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Communication of Nels Turn. quist being pleased with the im- provement of Rockdale Road, how- ever objecting to failure by the City in erecting truck traffic signs, also protruding manhole in the yard, presented and read. Council- man Lundh moved that the com- munication be received and filed and referred to the City Manager and Traffic Dept. for investigation and report. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Communication of Robert E. Molo objecting to the protruding manhole and failure to erect truck traffic signs, presented and read. Councilman Lundh moved that the communication be received and fil- ed and referred to the City Man- ager and Traffic Dept, for investi- gation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 430.75 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of CITY OF DUBUQUE 1975 ASPHALT PAV- ING PROJECT NO. 1, by Tri-State Paving Div. of Dubuque Stone Pro. ducts Co., 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, situted and owned, and for the sev- eral amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. THE CITY OF DUBUQUE 1975 ASPHALT PAVING PROJECT NO. 1 Section I Assessable Share City Share State Share Total Construction Cost 0 $ 85,939.01 $ 85,939.02 $171,878.03 Engineering Expense 0 15,367.14 0 15,367.14 Subtotal 0 101,306.15 85,939.02 187,245.17 Section 11 Construction Cost 0 18,488.68 18,488.67 36,977.35 Engineering Expense 0 5,683.64 0 5,683.64 Subtotal 0 24,172.32 18,488.67 42,660.99 Regular Session, December 1, 1975 805 Section III For Paul Street from the N.P.L. of Clarke Drive to the S.P.L. of -- Construction Cost 68,706.43 227,984.99 0 63.9 tons A. C. surface Engineering Expense 6,048.91 25,059.42 300 gallon Prime coat @ 296,691.42 5%Interest - 52 days 496.21 0 0 31,108.33 A. Voelkers Addition ......130.77 = Leonard Schuster Est., Lot 0 496.21 Subtotal PROJECT TOTAL 75 ,251.55 253,044.41 0 328,295.96 Construction Cost Engineering Expense 68,706.43 6,048.91 332,412.68 104,427.69 505,546.80 5% Interest - days 496.21 46.110.20 0 0 52,159,11 Melvin Carl and Jean Ann 27.98 Griesinger, Lot 33, C. A. 0 496.21 Total $75,251.55 $378,522.88 $104,427.69 $558,202.12 SCHEDULE OF ASSESSMENTS For Paul Street from the N.P.L. of Clarke Drive to the S.P.L. of Lowell St, 73.9 tons A. C. binder Wayne W. and Betty L. 274.92 Wohlers, Lot 27, C. A. 63.9 tons A. C. surface Voelkers Addition ............ 29.80 Estella Marian & Eleanor 300 gallon Prime coat @ Helling, Lot 28, C. A. Voel- 0.51 = kers Addition .................... 61.02 :Mildred Schuster, Lot 29, C. rolled stone base CO., 3.65 A. Voelkers Addition ......130.77 = Leonard Schuster Est., Lot 206.85 30, C. A. Voelkers Addi- lower C' 64.00 = tion......................................239.74 446.6 lin. ft. Combination Eliz. Leute and Dorothy Fet- curb & gutter type "A" tkether, Lot 31, C. A. (t 4.35 = Voelkers Addition ............632.03 142.81 Patrick G. and Lois A. curb & gutter type "B" Gross, lot 32, C. A. Voel- 66.02 kers Addition ....................632.03 83.83 sq. yd. Sodding C Melvin Carl and Jean Ann 27.98 Griesinger, Lot 33, C. A. 1 no. of Manhole ring and Voelkers Addition ............239,74 cover @ 130.00 = Harold A. & Lois Kamm ide- 26 sq. ft. 4" concrete side- cont: Clement If. & Rita walk@0.95= walk M. Welsh, Lot 1-34, C. A. 201.2 sq. ft. 6" concrrrte.... Voelkers Addition ............121.89 sidewalk 0 1.05 = Raymond P. & Virginia M. & Margaret If. Grimes, Lot 2-34, C. A. Voelkers Ad- dition .................................... 2.22 Raymond P. & Virginia M. & Margaret H. Grimes, Lot 1.3-10, G. D. Woods Subdivision .......................... 74.74 Harold A. & Lois Kamm cont: Clement H. & Rita M. Welsh, Lot 2.3.10, G. D. Woods Subdivision ........ 9.27 Duane M. & Carolyn Goed- ken, Lot 3-9, G. D. Woods Subdivision ........................ 40.00 Donald W. and Clara lbach, Lot 3.8, G. D. Woods Sub- division ................................ 31.70 Frank F. & Dolores Stoewer, Lot 101, Cox Addition .... 33.21 Frank F. & Dolores Stoewer, Lot 102, Cox Addition .... 41.69 Edmund J. & Mary Haas, Lot 103, Cox Addition .... 71.49 James A. & Nyra Baker, Lot 104, Cox Addition ............ 151.37 Roy L. and ?Marguerite N. 2.35 = $ Ayers, Lot 105, Cox Addi. 73.9 tons A. C. binder tion........................................ 274.92 Gerald L. Flores, Lot 106, 63.9 tons A. C. surface Cox Addition ......................717.63 course C 15.35 = Leonard P. & Patricia Zel- 300 gallon Prime coat @ inskas, Lot 1-108, Cox Ad- 0.51 = dition ....................................499.92 309.3 tons 3'4" stabilized Robert E. & Sharon L. Rich. rolled stone base CO., 3.65 ter, Lot 2-108, Cox Addi- = tion........................................ 206.85 Patricia Zelinskas, Lot 109, lower C' 64.00 = Cox Addition ......................264.39 446.6 lin. ft. Combination Dewain H. & Lila L. Man - curb & gutter type "A" they, Lot 110, Cox Addi- (t 4.35 = tion ...................................... 142.81 Donald A. & Sylvia J. West- curb & gutter type "B" hoff, Lot 111, Cox Addition 66.02 Gladys Mildred Goetzinger, 83.83 sq. yd. Sodding C Lot 112, Cox Addition .... 27.98 $4,743.23 370 cu. yd. Excavation @ 2.35 = $ 869.50 73.9 tons A. C. binder course @% 15.35 = 1,134.37 63.9 tons A. C. surface course C 15.35 = 980.87 300 gallon Prime coat @ 0.51 = 153.00 309.3 tons 3'4" stabilized rolled stone base CO., 3.65 = 1,128.94 1 no. of Manhole - raise or lower C' 64.00 = 64.00 446.6 lin. ft. Combination curb & gutter type "A" (t 4.35 = 1,942.71 3.4 lin. ft. Combination curb & gutter type "B" (i 4.45 = 15.13 83.83 sq. yd. Sodding C 1.95 163.47 1 no. of Manhole ring and cover @ 130.00 = 130.00 ide- 26 sq. ft. 4" concrete side- walk@0.95= walk 70 201.2 sq. ft. 6" concrrrte.... 211.26 sidewalk 0 1.05 = 606 Regular Session, December 1, 1975 36.63 sq. yd. 6" concrete driveway slab @ 14.00 = 512.82 Total Construction Cost $7,330.77 City Share 3,000.09 Assessable 4,330.68 Engineering 381.27 5% Interest - 52 days 31.28 Total Assessable $4,743.23 All of which is assessed in pro- portion to the special benefits con- ferred. For Rockdale Road from the S.P.L. of A. H. Ooeth Subdivision No. 4 to the city limits, a distance of 2,121.27 feet. Robert J. & Ruth Ann Kehl, Lot 4, A. H. Oeth 1,102.81 Sub No. 4 ........................ 80.20 Robert J. & Ruth Ann Kehl, Lot 5, A. H. Oeth 1,011.49 Sub. No. 4 .................... 148.40 Robert J. & Ruth Ann Kehl, Lot 6, A. H. Oeth 321.08 Sub. No. 4 ........................ 42.34 John Loes, Lot 2-1-1-1-1-1- 2, Mineral Lot 12 ............ 901.67 Greek Orthodox Church of St. Elias the Prophet, Lot 2-1-1-1-1-1-1-2, Miner- 67.91 al Lot 12 ........................ 920.46 Cecelia Muenster, Lot 1-1- 2 Mineral 11.27 Lot 12 .............................. 910.63 J. W. & S. H. Richardson, Lot 104.91 Mineral Lot 12 ................ 1,896.25 Leo F. and Irene Dolan, Lot 2-2-1-2.1-1-1-1-1-1-1-2, 146.38 Mineral Lot 12 .............. 1,021.46 Greek Orthodox Church of St. Elias the Prophet, 383.50 Lot 2-2-1-1-1-1-1-1-1-2, Mineral Lot 12 ................ 1,012.65 Greek Orthodox Church of 1,325.05 St. Elias the Prophet, Lot Mineral Lot 12 ................ 1,095.44 Louis and Ramona Kart - man, Lot 1-1-2, Mineral Lot 12 .... 1,718.52 Louis and Ramona Kart - man, Lot 1-2-1, Mineral Lot 10 .............................. 926.67 Greek Orthodox Church of St. Elias the Prophet, Lot 2.2-1, Mineral Lot 67.91 10 ...................................... 221.52 Greek Orthodox Church of St. Elias the Prophet, 1,993.93 Lot 1, Dave Barry Place 440.43 Charles E. and Barbara A. Callahan, Lot 1, Indian Park Sub ......................... 1,102.81 Charles E. and Barbara A. Callahan, Lot 2, Indian Park Sub . ........................ 1,011.49 John W. and Ardis L. Kas- per, Lot 3, Indian Park Sub . .................................. 321.08 Donald W. Jr, and Linda A. Oliver, Lot 4, Indian Park Sub . ........................ 102.74 Leroy W. and Nancy L. Doering, Lot 5, Indian Park Sub . ........................ 67.91 Peter L. and Solveig M. Kjeseth, Lot 19, Indian Park Sub . ........................ 11.27 Robert H. and Evelynn F. Barr, Lot 20, Indian Park ................................ 104.91 Donald J. & Marylee T. Herkes, Lot 21, Indian Park Sub . ........................ 146.38 Patrick R. & Judith A. Sul- livan, Lot 22, Indian Park Sub ......................... 383.50 James D. and Shirley A. Briggs, Lot 23, Indian Park Sub . ........................ 1,325.05 "Donald J. & Marylee T. Herkes, Lot 1-24, Indian Park Sub . ........................ 581.31 Robert H. and Evelynn F. Barr, Lot 2-24, Indian Park Sub . ........................ 4.05 *Donald J. and Marylee T. Herkes, Lot 1-25, Indian Park Sub . ........................ 565.07 Gary L. and Jean A. War- ner, Lot 2-25, Indian Park Sub ......................... 67.91 Homer L. and Janet Ont - man, Lot 26, Indian Park Sub . ........................ 1,993.93 Peter L. and Solveig M. Kjeseth, Lot 2-1, Indian Park Sub. NO. 2 ............ 8.09 Peter L. and Solveig M. Kjeseth, Lot 1.2, Indian Park Sub. NO. 2 ............ 106.78 Robert H. & Evelynn F. Barr, Lot 2-2, Indian Park Sub. NO. 2 ............ 8.09 Glen J. & Constance J. Walters, Lot 1-1.1, Mineral Lot 4 ........ 1,300.34 Michael J. & Mary Lou Arthofer, Lot 2-1-1-1.1- 1-1-1, Mineral Lot 4 .... 1,195.29 Walter J. and Florence Anglin, Lot Mineral Lot 4 ................ 1,307.42 Robert J. and Joyce M. O'Meara, Lot 2-1-1-1-1.1, Mineral Lot 4 ................ 1,307.42 Regular Session, December 1, 1975 John P. and Marlene A. Al Boland, Lot 2-1-1.1.1, Mineral Lot 4 ................ 1,307.42 Daniel J. and Susan J. Nu- Al gent, Lot 2.1.1.1, Miner- al Lot 4 ............................ 1,307.42 Frank W. and Norma No. M thaft, Lot 2-1-1, Mineral A Lot4 ................................ 373.53 Agnes Pillard (10.5/18th M int.) ' and Irene Koppes Fay (7.5/18th int), Lot Ja 1-1-1-1, Mineral Lot 5 .... 2,660.61 William J. and Beverly Fay, Lot 2.1.1-1, Mineral C Lot 5 ................................ 1,786.87 Irene M. Fay, Lot 2.1, Min- eral Lot 5 ........................ 1,099.06 LeN•is E, and Lorraine A. McKeowin, Lot 1, Glen- view Sub . ........................ 1,847.56 Thomas A. and Marjorie Tully, Lot 2, Glenview Sub. ................ 576.84 Anne R. Rosle, Lot 3, Glenview Sub ................. 202.30 Nels E. and Edna Mae Turnquist, Lot 4, Glen- view Sub . ........................ 98.84 Gary A. and Ellen J. Gu- keisen, Lot 16, Glenview Sub. . 1,684.13 ............................... . Robert E. Klauer, Lot 17, Glenview Sub ................. 957.01 Warren W. and 18 G ea K. Kipp, Lo 958.87 viewSub . ........................ Joseph S. and Margaret M. Smith, Lot 19, Glenview 930.76 Sub................................... Michael James & Kathryn Mary Coyle, Lot 20, Glenview Sub ................. 854.12 James C. and Betty L Dunn, Lot 21, Glenview Sub. ....... 1,747.56 ...................... . Robert E. and Helen T. Moto, Lot. Bal. 1.1-1, Ar- duser Place .................... 2,478.44 Nels E. and Ruth Ann M. Turnquist, Lot 2.1, Ar- duser Place .................... 1,821,40 Antonio and Beatrice Man- gino, Lot 2, Arduser Place ..... 1,815.20 .......................... Antonio and Beatrice Man- gino, Bal. Lot 2.1-1, Ar, duser Place ................ 24.13 Alma & Lawrence ll. Sanders, Lot 2.1.2, Min- eral Lot 10 ................. 1,181.82 Alma & Lawrence 1I• Sanders, Lot 2.1-12, Mineral Lot 10 ........._ ... 180.62 907 Alm & Lawrence H. Sanders. Lot 1-2-1-3, Rtineral Lot 3 ................ 104.76 Ain & Lawrence H. Sanders, Lot 2.1.1.3, Mineral Lot 3 4.62 ary F., Scully, Lot 1, Rockdale Place .............. 2,447.08 F. Realty Company, Lot 2, Rockdale Place 2,851.39 an• , Scully, Lot 2-1.13, J. C. Scully's Sub No. 2 451.70 mes H. & Marjorie S. Lee, Lot 2.1-1-13, J. C. Scully's Sub No. 2 ........ 1,350.34 allista Ryan, Lot 1-1-1.13, J. C. Scully's Sub No, 2 1,397.30 Elmer E. & Phyllis J. Steffen, cont: Joseph P. & Catherine A. Wagner, Lot 1, Diamond Sub..... 3,661.74 Heinrich 0. & Ilse half cont: Lawrence B. & Dorothy J. Kemp, Lot 2, Diamond Sub ................. 1,013.95 vyl M. Adams, Lot 1-1-1-1, Shipton's Sub ................. 1,154.69 Frank W. and Norma No- thaft, Lot 2.1, Mineral Lot4 ................................ 1,119.00 65,717.36 'Deficiencies Paid by City of Du- buque Donald J. and Marylee Herkes, Lot 1.24, Indian Park Sub72.3-H.................... . Donald J. and Marylee Herkes, Lot 1.2.5, Indian Park Sub ........................ 715.19 Agnes Pillard and Irene Koppes Fay, Lot 1-1.1-1, Mineral Lot 5 ................ 3,351.83 70,508.32 All of which is assessed in pro- portion to the special benefits con 'erred. 4,147.90 lin. ft, Combine, tion curb and gutter type •'A" (a 4.35 = $18,043.37 110.5 lin ft. Combination curb and gutter type 491.73 „B„ (d 4.45 _ bider 526.6 tons A. C n8,083.31 course (r 15.35 780 38 tons A. 1 C. surface course Ca' 5.35 = 12,116.52 350 gallons Prime coat or 178.50 tack coat (° 0.51 treat 6,67185 toffs Asphalt 2.65 84,398.90 ed base raise 6 no. of Manbol 380Cor lower C 64• 'J 608 Regular Session, December 1, 1975 67.5 lin ft. 2411 R.C.C.P. incl. flared end section 1,620.00 @ 24.00 = 2 no. of Catch basin 101 1,400.00 "A" @ 700.00 = 1,923.45 tons 3/4" stabil- ized rolled stone base Ca) 3.65 = 7,010.59 6,543.38 sq. yd. Sodding C' 1.95 = 12,759.59 1,063 eq. yd. Seeding @ 0.55 = 584.65 8,165.3 cu. vd. Excavation (unclassified) @ 2.35 = 19,188.45 9.88 sq. yd. Concrete re- move & replace w/10" cone. CC 23.00 = 227.24 128.2 lin. ft. Concrete saw- ing @ 1.25 = 160.25 266.8 lin. ft. Asphalt saw- ing @ 0.75 = 200.10 1 no, of Manhole ring and cover @ 130.00 = 130.00 298.01 sq. yd. Sidewalk and driveway removal Cat 2.00 = 596.02 256 sq. ft. 4" concrete side- walk @ 0.95 = 243.20 936.9 sq. ft. 6" concrete sidewalk Cd' $1.05 = 983.74 4,409 sq. yd. Concrete pavement removal @ 1.55 = 6,833.95 1 no. of Steps remove and replace @ $40.00 = 40.00 282.68 sq. ft. 6" concrete driveway slab a 14.00 = 3,957.52 12 no. of Tree removal: 3" - 6" @ 22.00 = 264.00 1 no. of Tree removal: 12"-15"@ 110.00= 110.00 Extra Work @ 448.82 448.82 Total Construction Cost $180,464.45 City Share 116,088.70 Assessable 64,375.75 Engineering Expense 5,667.64 5% Interest - 52 days 464.93 Total Assessable $70,508.32 Passed, adopted and approved this 1st day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Brady, Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stac:kis. Proof of Publication, certified ;o by the Publisher, of Notice of proposal to authorize issuance of bonds in the amount of $75,251.55 to pay for construction of 1975 As- phalt Paving ProjectNo . 1, pre- sented and mad. 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 Lundh moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. RESOLUTION NO. 431.75 RESOLUTION PROVIDING FOR THE ISSUANCE OF STREET IMPROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE ASSESSED COST OF CITY OF DUBUQUE 1975 ASPHALT PAV- ING PROJECT NO. 1. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $75,251.55 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: Regular Session, December 1, 1975 909 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1975 Asphalt Paving Project No. 1 there shall be is- sued street improvement bonds in the amount of $75,000.00 Dollars in anticipation of the deferred pay. ment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of April 1, 1976; and shall be numbered consecutively; and they shall be numbered, divid- ed into series, and be in such de- nominations and for such maturity dates as are shown in the follow- ing table: Series No, Denomination Maturity 1, Bond No. 1-8, $1,000.00, Decem- ber 1, 1976 2, Bond No. 9.16, $1,000.00 Decem- ber 1, 1977 3, Bond No. 17-24, $1,000.00, De- cember 1, 1978 4, Bond No. 25-32, $1,000.00, De- cember 1, 1979 5, Bond No. 33-40, $1,000.00, De- cember 1, 1980 6, Bond No. 41.47, $1.000.00, De- cember 1, 1981 7, Bond No. 48-54, $1,000.00, De- cember 1, 1982 8, Bond No. 55-61, $1,000.00, De- cember 1, 1983 9, Bond No. 62-68, $1.000.00, De. cember 1, 1984 10, Bond No. 69-75, $1,000.00, De- cember 1, 1985 3. Said bonds shall bear interest at the rate of six per cent per an- num, payable annually in accord- ance with coupons thereto attach. ed: 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. .................................... SeriesNo ......................... 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 thereof, the sum of one thou- sand 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 payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa, This bond issued by the City of Dubu- que under and by virtue of Chapter 384.68 of the 1975 Code of Iowa, as amended, and the Resolution of said City duly passed on the 1st day of December, 1975, being Reso- lution No. 431-75. This Bond is one of a series of 75 bonds, all for $1,000.00 number- ed from l through 75, . 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 1975 Asphalt Paving Project No. 1 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 Assesment Fund 1305 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Dubu- que are hereby irrevocably pledg- ed. 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 1st day of December, 1975. ............................................Mayor ...................................................... City Clerk (SEAL) (Form of Coupon On the ........ day of ....................:... the City of Dubuque, Iowa, promis- es to pay to the bearer, as provid- ed in said bond, the sum of ............ 610 Regular Session, December 1, 1975 Dollars, in the office of the City Treasurer in the City of Dubuque, being ........ months' interest due that date on its ................................ BondNo ..................... dated .............. .......................................................... Mayor ........................ City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared r,nd 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 1305 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 May- or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, these bonds shall be called and re- tired in the same order as num- bered. 10. Passed, adopted and approv- ed this 1st day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Proof of Publication, certified tc by the Publisher, of Notice 01 Receipt of sealed bids for the con struetion of South Dubuque Inter ceptor Sanitary Sewer Contract No 3, HUD, WS -IOWA -99, presentee and read. Councilman Lundh mov ed that the proof of publication N received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. November 26, 1975 Iionorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a.m.. Wednesday, Novem- ber 26, 1975 for the Contract 3 South Dubuque Interceptor San- itary Sewer HUD Project Number WS -IOWA -99. The lowest bid was entered by Tschiggfrie Excavating of Dubu- que, Iowa. Their bid was 3.5% over the Engineer's Estimate. I recommend that the contract for the improvement be awarded to the Tschiggfrie Excavating of Du- buque, Iowa. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. (Awarding Contract) RESOLUTION NO. 432.75 WHEREAS, sealed proposals have been submitted by contractors for the Contract 3 South Dubuque Interceptor Sanitary Sewer HUD Project Number WS -IOWA -99 pur- suant to Resolution No. 414-75 and notice to bidders published in a newspaper published in said City on November 14, 1975 and Novem- ber 21, 1975; and WHEREAS, said sealed propos- als were opened and read on No- vember 26, 1975, and it has been determined that the bid of Tschigg- frie Excavating of Dubuque, Iowa 52001 in the amount of $213,648.60 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- a Regular Session, December 1, 1975 811 ed to Tschiggfrie Excavating of Dubuque, Iowa subject to concur- rence of Department of Housing Urban Development and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 1st day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 433-7S 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 AS- SEMBLY. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Coletta A. Oyen, Also Sunday Sales, 1103 Iowa Street Passed, adopted and approved this 1st day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. RESOLUTION NO. 434.75 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 issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Coletta A. Oyen (Also Sunday Sales), 1103 Iowa Street Passed, adopted and approved this 1st day of December 1975. C. Robert Justmann Mayor Alvin F.. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Petition of H. K. Hager et al (56 signers) objecting to fumes and noise from diesels being serviced in a building between 1st and 2nd Sts. and Locust and Bluff Sts., pre- sented and read. Councilman Brady moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. 612 Regular S(-ssion, December 1, 1975 H. K. Hager, Roy Pfohl and Rob- ert Henkes, all neighborhood citi- zens, spoke in behalf of the peti- tion. Mayor Justmann moved that the petition be received and filed and relief be granted as a result of Zoning Violation, if it so exists, meanwhile refer to Staff for study and report. Seconded by Coun- cilman Brady. Carried by the fok lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stack At 8:30 P.M. Mayor Justmann moved to go into Executive Session to discuss appointments to various Boards and Commissions, Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Council reconvened in Regular Session at 8:49 P.M. Councilman Tully moved the following reap- pointments to the Dubuque Human Rights Commission: David Davis, Susan Soley and Dean Miller, all for 3 year terms expiring 1-1-79. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. There being no further business, Mayor Justmann moved to adjourn. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Tully. Nays — None. Absent — Councilman Stackis. Leo F. Frommelt City Clerk Approved February 9, 1976 Adopted February 9, 1976 Councilmen City Clerk Special Session, December 8, 1975 613 CITY COUNCIL OFFICIAL Special Session, December B, 1975. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis Tul- ly. City Manager Gilbert D. Chav- enelle. 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 TO CONSIDER A PROPOSAL TO DISPOSE OF INTEREST IN REAL ESTATE LOCATED IN WICK'S ADDN, and acting upon such other business as may properly come be- fore a Regular Meeting of the Council. Communication of Fourth Street Peninsula Area residents request- ing to be heard and to present a plan for the development and up- dating of the area, presented and read. Mayor Justmann moved to suspend the rules to let any one present address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. John Henry and Fred Kretsch- mer, property owners of the area, addressed the Council and present- ed a General Development Plan, General Land Use Plan, Sewer Service -Storm & Sanitary, Streets and Lighting Plans for the Fourth Street Peninsula Area. Councilman Lundh moved that the communication be referred to Council, Dock Commission and Planning & Zoning Commission for a work session within 10 days. Sec. onded by Mayor Justmann. Car. ried by the following vote: Yeas -- Mayor Jushnann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Playground & Recreation Commission submitting minutes of their meeting of No. vember 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, Coun. cilmen Brady, Lundh, Stackis, Tul- ly. '.Nays — None. Communication of Iowa D.E.Q. submitting copy of a report en- titled "Wastewater Treatment Plant Sludge Disposal" and thank- ing City representatives for assist- ance provided to Stanley Consult- ants, presented and read. Council- man Stackis moved that the com- municatinn be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of East Central Intergovernmental Ass'n, address- ed to the Mayor, relative to a pro- posal which was submitted to Ass'n. in the development of the Stone Hill Development Corpora- tion, presented and read. Council- man Lundh moved that the com- munication be received and filed and approve letter of notification to Assn. as signed by the Mayor. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. December 5, 1975 Honorable Mayor and City Council Attached is a copy of the first progress report on the public serv- ice employment program (CETA- Title VI) recently conducted by the City of Dubuque for unem- ployed and underemployed resi- dents of our city. Mr. David Noonan, CETA Co. ordinator and Mr. Gerald Koppes, are available to answer any ques- tions you might have about the re- port on the program in general. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed, Staff commended for work well done, and copies of report be forwarded to all applicable agen- cies. Seconded by Councilman Tul- ly. Carried by the following vote: 614 Special Session, December 8, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Councilman Brady moved that the City Manager be directed to communicate with County Super- visors and A.C.O.G. to share serv- ices of Economics Opportunity Of- ficer and include study of County Human Rights Commission. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None . December 1, 1975 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 October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements for October, 1975, presented and read. Councilman Stackis moved that 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, Tul- ly. Nays — None. Communication of City Manager Gilbert Chavenelle, submitting a letter from the Building Commis- sioner as a report on the Wenzel garage property at 124 Bluff Street and; Communication from Alfred E. Hughes, Attorney, representing the owner of the building at 124 Bluff Street praying for time to see if the matter can be amicable resolved, presented and read. Building Commissioner Bandy, spoke relative to the communica- tion submitted by him to the Man- ager. Al Hughes for the Packing Company prayed for relief in time to explore the situation. Attorney Howard Hagen, repre- senting property owners in the area, stated a violation does exist; Actions have continued as of last night; No permit has been issued for oil tank in building; and Fumes and Noise are issue on order right now. Councilman Brady moved that Formal Notice of the violation and an immediate desist order be is- sued; Notification of the City's in- tent to bring legal action; Charges be waived if Packing Company will agree to vacate neighborhood and City does not favor the moving of service from one side of Ailey to other. MOTION DIED FOR LACK OF SECOND. Councilman Brady moved that the communications of City Man- ager and Alfred E. Hughes, At- torney, be received and filed and Mr. Bandy directed to communi- cate and consult with City Solicitor for study and report of any viola- tion. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Five Flags Civic Center Fund submitting a proposed agreement between Bow- en Kanazawa Partnership and Five Flags Civic Center Fund for pro- fessional services, presented and read. Councilman Stackis moved that the communication be receiv- ed and filed. Seconded by Council- man Tully. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilman Brady, Lundh, Stackis, Tul- ly. Nays—None. Mayor Justmann moved to grant request to enter Agreement as Amended, with Five Flags and City of Dubuque, to sign contract joint- ly with Bowen & Kanazawa. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. December 5, 1975 Honorable Mayor and City Council You have before you for consid- eration an ordinance modifying the Special Session, December 8, 1975 815 traffic code so that it conforms to the State regulations in regard to windshield visibility. Attached is a letter from Chief O'Brien explain. ing the ordinance. 1 recommend your favorable consideration. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully, Stack - is. Nays — None. ORDINANCE NO. 46.75 AN ORDINANCE AMENDING ORDINANCE NO. 3349 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMEND- ED BY REPEALING SECTION 19.6 THEREOF AND ENACTING A NEW SECTION 19.6 W LIEU THEREOF TO PROHIBIT THE DRIVING OF A MOTOR VE- HICLE WITHOUT CLEAR WIN- DOW VISION, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Tully. Carried by the follow. ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. ORDINANCE NO. 46.75 AN ORDINANCE AMENDING OR. INANCE NO. 53-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE, IOWA." AS AMENDED BY RE- PEALING SECTION 19.6 THEREOF AND ENACTING A NEW SECTION 19.6 IN LIEU THEREOF TO PRO- HIBIT THE DRIVING OF A MOTOR VEHICLE WITHOUT CLEAR WIN- DOW VISION. NOW THEREOFRE BE IT ORDAIN - Fl) BY TI4L CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION L That Ordinance No. 53-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same is hereby amended by repealing section 19.6 thereof and enacting a new Section 19.6 in lieu thereof as follows: "19.6 Windshields and windows. No person shall drive any motor vehicle equip- ped with a windshield, sidewings, side or rear windows which do not permit clear vision." Passed, approved and adopted this gth day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F.. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 11th day of De- cember 1975. Leo F. Frommelt City Clerk It. 12.11. Councilman Stackis moved final adoption of -the Ordinance. Second- ed by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. November 28, 1975 Honorable Mayor and City Councilmen On July 25, 1975, claim was filed against the City of Dubuque in the estimated amount of $2,400.00 by Paul J. Henkel, 351 Winona, Du- buque. Said claimant made claim for alleged damages to his garage at said address occurring on June 7, 1975 as the result of a Cid; ref. use truck allegedly running into his garage and damaging same. This matter was referred to the appropriate City Agency which re- ports to this office by letter, dated November 24, 1975, that said mat- ter has been amicably disposed of. Accordingly, it is the recommenda- tion of the City Attorney that the claim of Paul J. Henkel be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Brady moved that the communication be received and filed and recommendation of denial be approved. Seconded by Council- man Stackis. Carried by the fol- lowing vote: 616 Special Session, December 8, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully, Stack - is. Nays — None. COUNCIL RECESSED AT 8:55 P.M. RECONVENED AT 9:05 P.M. Petition of First Baptist Church requesting rezoning of Lot 2 of 1 of 1 of 1 of 1 of 2 of Mineral Lot 263 from 11R-2 Residential Zoning District" to 1,0-R Office Residential District", presented and read. Councilman Brady moved the peti- tion be referred to Planning & Zoning Commission. Seconded by Mayor Justmann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Washington Neigh- borhood, by Hank Waltz, advising olf Problems being encountered with the Planning & Zoning Staff and requesting permission .to ap- pear before Council, presented and read. Hank Waltz and Attorney James Reynolds addressed the Council relative to the petition. They stated that being expressway moved out of 14th to 12th Street area, the new Zoning Ordinance classified area to OR -1 District and they are requesting relief of possible costs. Mayor Justmann moved that the petition be received and filed and the alleged error as to a free charge on zoning matter south of 14th Street be referred to Planning & Zoning Commission. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Stackis, Tully. Nays — Councilman Lundh. Petition of Candle Light Com- mittee of Plymouth Court, Victoria Place and Diane Court requesting permission to conduct a candle light tradition, presented and read. Wm Kasek from the Plymouth Street area, spoke relative to the petition. Mayor Justmann moved that the petition of the Committee be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Interstate Power Co, advising that they will cooperate in turning off street lights in any areas of the City, the request however must come from the City, costs to be depend- ent on work being done, presented and read. Mayor Justmann moved that the communication be rceiv- ed and filed. Seconded by Council- man Stackis. Carried by -the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Verbal petition of Mayor Just - mann requesting Staff's recommen- dation on proposed Water Rates, presented for discussion. Mayor Justmann moved that the request be ,tabled. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Suggested Proposal by Mayor Justmann to strengthen the City Government in directing and pro- moting Dubuque Economic Devel- opment and recommending to re- designate the present Mayor's In- dustrial Committee to The Mayor's Economic Development Committee, presented for discussion. Council- man Stackis moved that the propos- al be tabled. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmanp, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Dubuque Dock Com- mission requesting the reappoint- ment of William McEllhiney, pre- sented and read. Councilman Stack - is moved that the petition be refer- red to Council. Seconded by Coun- cilman Tully. Carried by the foll- owing vote: Yeas—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Frank Hardie Adver- tising Inc., requesting a refund of $6.00 for a building permit issued in duplicate at 3385 Asbury Rd., presented and read. Councilman Brady moved that the refund be granted and City Auditor directed Special Session, December 8, 1975 817 to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul• ly. Nays — None. Petition of Eska Co. requesting a refund of $50. on the unexpired portion of Cigarette License No. 738, discontinued business on Nov. 26, 1975, presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh. Stackis, Tul- ly. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of hear- ing to dispose of interest in Lot 1, except the southeasterly 48 feet thereof. of the Subdivision of "E.7 ft. 10 in. of Lot 9, and of Lot 11 and of N. 46 ft. 9 in. of Lot 13 Wick's Addition to the City of Du- buque, Iowa" according to the re- corded plat thereof, to Joyce A. & Roger Voss, presented and read. No written objections were filed and no oral objectors were present at the time set for the public hear- ing. Mayor Justmann moved that the proof of publication be received and filed. Seconded by Councilmen Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RFSOLUTION NO. 435.75 WHFRFAS, 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 No- vember 28, 1975 the City Council of the City of Dubuque, Iowa met on December 8, 1975, at. 7:30 o'clock P.M. {C.S.T.I in the City Council Chambers, City Hall, Du- buque, Town to consider the propos- al to dispose of contingent inter- est of the City of Dubuque, Iowa in real estate, hereinafter describ- ed to Roger A. Voss and Joyce Ann Voss husband and wife; and WIIFRF,AS, 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 City of Du- buque, Iowa in the hereinafter de- scribed real estate to Roger A. Voss and Joyce Ann Voss, husband and wife. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of contingent interest of the City of Dubuque, Iowa, in the following described real estate, to -wit: Lot 1, except the southeasterly 48 feet thereof, of the Subdi- vision of "E. 7 ft. 10 in, of I.ot 9, and of Lot 11 and of N. 46 ft. 9 in. of Lot 13, Wick's Addition to the City of Dubuque, Iowa," according to the recorded plat thereof to Roger A. Voss and Joyce Ann Voss, husband and wife, for the sum of One ($1.00) Dollar and costs of publication and recording, that no abstract of title will be furnish- ed, and conveyance of said contin- gent interest will be by Quit Claim Deed to perfect title, be and the same is hereby approved. That the Mayor and the City Clerk be and they are hereby authorized to exe- cute said deed of conveyance. Section 2. That the City Clerk be and he is hereby directed and auth- orized to deliver deed of convey- ance conveying the above describ- ed real estate to Roger A. Voss and Joyce Ann Vos, husband and wife, upon receipt of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 8th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor .Iustmann moved adoption of the resolution. Seconded by 818 Special Session, December 8, 1975 Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 436.75 '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 Ordi- nances of this City. CLASS "C" BEER PERMIT OSCO DRUG, INC., 703 N. Main Street Earl John Tegeler, 2311 Windsor Avenue CLASS "B" BEER PERMIT William Baum, Also Sunday Sales, 2995 Central Avenue Passed, adopted and approved this 8th day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. RESOLUTION NO. 437-75 WHEREAS, applications for Beei Permits were filed by the withir named applicants and they hav( received the approval of this Coun cil; and WHEREAS, the premises to bi occupied by such applicants were inspected and found to compl: with the Ordinances of this Cit: and they have filed proper bonds NOW THEREFORE BE IT RE SOLVED by the City Council o the City of Dubuque, Iowa, tha the Manager be authorized t cause to be issued to the followini named applicants a Beer Permit. CLASS "C" BEER PERMIT )SCO DRUG, INC., 703 N. Main Street 7.arl John Tegeler, 2311 Windsor Avenue CLASS "B" BEER PERMIT William Baum. Also Sunday Sales, 2995 Central Avenue Passed, adopted and approved this 8th day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 438.75 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 Gary Joseph Hanson, The Market Pub, 1322 Central Avenue Shirley Mihalakis, Also Sunday Sales, 574 East 16th Street James Kachevas. Also Sunday Sal- es, 665 Dodge Street Passed, adopted and approved this 8th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- Special Session, December 8, 1975 819 tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. RESOLUTION NO. 439.75 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 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 LIOUOR LICENSE Gary Joseph Hanson, The Market Pub, 1322 Central Avenue Shirley Mihalakis. Also Sunday Sal- es, 574 East 16th Street James Kachevas, Also Sunday Sal- es, 655 Dodge Street Passed, adopted and approved this 8th day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. At 10:20 P.M. Mayor Justmann moved to go into Executive Ses. sion to discuss appointments to Board,i and Commission. Seconded by Cr,uncilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Council reconvened in Regular Session at 10:59 P.M. The following appointments were made: Rev, Robert Odden to Citizens Advisory Commission; William McEllhiney reappointed to the Dock Board for 3 year term expiring 11-26.78; Wil- liam Herrig, Gerald Guy and Don- ald Schroeder all reappointed to Board of Appeals (Buildiing Code) for 2 year term expiring 12-31-77. Mayor Justmann moved ratifica- tion of the appointments. Second- ed by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. The following appointments were made to the newly formed Community Development Commis. sion: For One (1) Year Term expir- ing 12,8.76: Richard F. Albert, North Dubuque Improvement As- sociation, Robert F. Fisch, 11th Street Association, Willis R. Gru. well, Elderly Person, H. Spencer Smith, Business Community, David E. Bisenius, Low -Rent Housing Commission, Charles W. Hilgert, Dubuque Advisory Commission and Rhodes J. Isenhart, Jr., No Particu- lar Category; For Two (2) Year Term expiring 12-8.77: Helen M. Vorwald, North Dubuque Improve- ment Association, Mary J. Schiesl, 4th Street Association, Ronald L. Hixon, 11th Street Association, Sue Buff, Housewife, Ted J. Gorman, Handicapped, William MacNider, Industry, Thomas D. Shea, Advis- ory Committee to Social Services, and Lorrayne A. Koerperick, His- torical Society; For Three (3) Year Term expiring 12.8-78: John J. Waltz, Washington Neighborhood Council, Mary Ellen Billington, 4th Street Association, Daniel L. Ludo- witz, Youth, Floyd G. Rundle, Arts, James D. Goetzinger, Human Rights Commission, Donald E. San- ders, Planning & Zoning Commis- sion, Bobbe J. Ames, League of Women Voters, David J. Willough- by, Park Board and Betty Nugent, Playground & Recreation Commis- sion. Mayor Justmann moved rat- ification of the appointments. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. I 820 Special Session, December 8, 1975 Nays — Councilman Lundh on the appointment of John J. Waltz to the Community Development Commission. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Leo F. Frommelt City Clerk Approved February 9, 1976 Adopted February 9, 1976 Special Session, December 15, 1975 621 CITY COUNCIL OFFICIAL Special Session, December 15, 1975 Council met at 7:30 P.M. (C.S.T.) Present—Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. City Manager Gilbert D. Chay. enelle. :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 HEAR. ING TO AMEND ZONING ORDI. NANCE NO. 32.75 TO REPEAL AND SUBSTITUTE NEW LAN- GUAGE IN LIEU THEREOF OR SHALL ADD NEW LANGUAGE, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Communication of Department of Environmental Quality advising of a public hearing to be held on the proposed Water Quality Man- agement Plan for the Northeastern Iowa Basin on December 30, 1975, at Fire Headquarters, presented and read. Councilman Stackis mov- ed that the communication be re- ceived and filed. Seconded by May- or Justmann. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Notice of the U.S. Corps of Engi- neers advising of application for a Department of the Army permit to reconstruct existing docking facilities at Thru-Put, presented and read. Mayor Justmann moved that the Notice be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. Communication of Joseph S. Pickett & Sons Inc, notifying the City of the closing of the private road east of the Brewery from De. cember 28, 1975 thru January 2, 1976, 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, Tul- ly. Nays — None. Councilman Stackis submitted a verbal report on the meeting of the National League of Cities which was held at Miami Beach. He ex- pressed his thanks to the Council for the opportunity, and acting as a representative of the City. He touched on various subjects of interest that were discussed, such as Revenue Sharing being in trou- ble, Post Card Voter Registration, Gas line through Canada, Hand Gun control, Fare Tennis and Dial - A -Ride. Councilman Lundh moved that a resolution be prepared endorsing Revenue Sharing to be considered at some future time. Seconded by Councilman Tully. Carried by the the following vote: Yeas --Councilmen Brady, Lundh, Stackis, Tully. Nays — Mayor Justmann. Communication of Operation New View submitting the second annual report of the Governing Board, presented and read. Mayor Justmann moved that the report be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Dock Commis- sion submitting minutes of their meetings of October 29th and De- cember 3, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman I.undh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundli, Stackis, Tul- ly. Nays — None. Communication of Dock Commis- sion submitting a proposed five year lease with the Dubuque Coun- ty Conservation Society, 35.24 acres, at $1.00 per year, presented and read. Mayor Justmann moved that the lease be referred to the City Solicitor and tabled until the next Council meeting. Seconded by Councilman Stackis. Carried by the following vote: 622 Special Session, December 15, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Airport Com- mission submitting minutes of their meeting of December 11, 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, Tul- ly. Nays — None. December 10, 1975 Honorable Mayor and City Council The following bond and policy has been submitted for filing ap- proval and I desire to have your approval of same. PUBLIC OFFICIAL BOND David J. Willoughby, St. Paul Fire & Marine Insurance Co. to De- cember 31, 1977 Park Commis- sioner Bond No. 400DZ9343 CASUALTY INSURANCE POLICY Fondell & Sons Inc., Hartford In- surance Group, to 11-1-76 Policy No. 85 C 505059 Gilbert D. Chavenelle City Manager Mayor Justmann 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, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Councilman Lundh relative to new Section 8 Housing for Elderly and Housing Assistance Plan suggesting refer- ral to the Low -Rent Housing Com- mission for elderly for study and report, presented and read, Coun- cilman Lundh moved that the com- munication be referred to the Low - Rent Housing Commission for in- vestigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. December 8, 1975 Honorable Mayor and City Council The letter of Mr. and Mrs. Ben Lammer and Mrs. Helen Pfalzgraf concerning the rezoning of the property in the 1600 block on As- bury from its present commercial classification was referred to the City Attorney. I have made an investigation of this matter, and have consulted with Mr. Dittemore of the Planning and Zoning office and it is my opinion that such rezoning appears to be within the discretion of the City Council and the Planning and Zoning Commission and that such rezoning is not tantamount to a "taking." R. N. Russo City Attorney Councilman Stackis 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, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Mr. & Mrs. Lammer and Mrs. Pfalzgraf spoke to the Council rela- tive to rezoning matter. Council- man Lundh moved that the com- munication of the City Attorney be received and filed and recommen- dation of Planning & Zoning Com- mission and City Attorney be ap- proved in this matter. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Tully. Nays—Councilmen Brady, Stack - is. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zon- ing Ordinance No. 32-75, which amendments shall repeal and sub- stitute new language in lieu there- of or shall add new language, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. .> Special Session, December 15, 1975 g 23 AN ORDINANCE amending and changing Ordinance No. 32.75, known as the "Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa," which amendments shall repeal and substitute new language in lieu thereof, or shall add new language to the Ordinance as hereinafter described, said Ord. inance having been previously pre. sented and read at the Council meeting of November 24, 1975, pre. sented for final adoption. Council. man Brady moved that the public hearing on the Ordinance be re- cessed until next week. Seconded by Councilman Tully. Carried by the following vote: Yeas --Councilmen Brady, Lundh, Stackis, Tully. Nays — Mayor Justmann. Petition of Rose Marie Montgom- ery requesting consideration for appointment to the Community De- velopment Commission as a mem. ber of the Washington Neighbor- hood Group, presented and read. Councilman Lundh moved that the petition be referred to Council. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, TuL ly. Nays — None. Petition of TV -FM Advisory Commission requesting the ap- pointment of an additional mem- ber to their Commission, with more technical expertise, present- ed and read. Councilman Lundh moved that the petition be refer- red to Council. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Lions Club request- ing permission to conduct a par- ade on June 5, 1976, in line with their convention to be held on June 4, 5, and 6th, presented and read. Councilman Lundh moved that the petition be received and filed and approved and referred to City Manager for implementation. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of the National Founda. tion March of Dimes requesting Permission to conduct Its annual Mother's Day March during the month of January, 1976, presented and read. Councilman Lundh mov- ed that the petition be approved and referred to City Manager for implementation. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. Petition of Anton Zwack Inc. ob. jecting to any proposed rezoning of his property located on the north- east corner of 13th & White Streets, Presented and read. Councilman Lundh moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilben Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Blauer Optical re- questing that the sale of optical goods be determined a suitable »se in a C-1 Zone, or the property located at the corner of North Grandview and Delhi be rezoned C-2 to allow the operation of an optical store, presented and read. Councilman Lundh moved that the petition be referred to the City Attorney and Planning & Zoning Commission. Seconded by Council- man Tully. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. Petition of Sharon Lee Dull re- questing to address the Council in regards to McAleece Recreation Proposal and the flood wall monu- ment proposed recreational sight, presented and read. Sharon Dull spoke to Council relative to peti- tion and presented movie slides re- garding the area. Mayor Justmann moved that the petition be received and filed and referred to Council to a future meeting. Seconded by e Councifollolman Tully. Carried by vote: 622 Special Session, December 15, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Airport Com- mission submitting minutes of their meeting of December 11, 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, Tul- ly. Nays — None. December 10, 1975 Honorable Mayor and City Council The following bond and policy has been submitted for filing ap- proval and I desire to have your approval of same. PUBLIC OFFICIAL BOND David J. Willoughby, St. Paul Fire & Marine Insurance Co. to De- cember 31, 1977 Park Commis- sioner Bond No. 400DZ9343 CASUALTY INSURANCE POLICY Fondell & Sons Inc., Hartford In- surance Group, to 11-1-76 Policy No. 85 C 505059 Gilbert D. Chavenelle City Manager Mayor Justmann 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, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Councilman Lundh relative to new Section 8 Housing for Elderly and Housing Assistance Plan suggesting refer- ral to the Low -Rent Housing Com- mission for elderly for study and report, presented and read. Coun- cilman Lundh moved that the com- munication be referred to the Low - Rent Housing Commission for in- vestigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. December 8, 1975 Honorable Mayor and City Council The letter of Mr, and Mrs. Ben Lammer and Mrs. Helen Pfalzgraf concerning the rezoning of the property in the 1600 block on As- bury from its present commercial classification was referred to the City Attorney. I have made an investigation of this matter, and have consulted with Mr. Dittemore of the Planning and Zoning office and it is my opinion that such rezoning appears to be within the discretion of the City Council and the Planning and Zoning Commission and that such rezoning is not tantamount to a "taking." R. N. Russo City Attorney Councilman Stackis 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, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Mr. & Mrs. Lammer and Mrs. Pfalzgraf spoke to the Council rela- tive to rezoning matter. Council- man Lundh moved that the com- munica-tion of the City Attorney be received and filed and recommen- dation of Planning & Zoning Com- mission and City Attorney be ap- proved in this matter. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Lundh, Tully. Nays—Councilmen Brady, Stack - is. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zon- ing Ordinance No. 32-75, which amendments shall repeal and sub- stitute new language in lieu there- of or shall add new language, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the: time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. Special Session, December 15, 1975 823 AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Du. buque, Iowa," which amendments shall repeal and substitute new language in lieu thereof, or shall add new language to the Ordinance as hereinafter described, said Ord. inance having been previously pre- sented and read at the Council meeting of November 24, 1975, pre- sented for final adoption. Council- man Brady moved that the public hearing on the Ordinance be re- cessed until next week. Seconded by Councilman Tully. Carried by the following vote: Yeas—Councilmen Brady, Lundh, Stackis, Tully. Nays — Mayor Justmann. Petition of Rose Marie Montgom- ery requesting consideration for appointment to the Community De- velopment Commission as a mem- ber of the Washington Neighbor- hood Group, presented and read. Councilman Lundh moved that the petition be referred to Council. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of TV -FM Advisory Commission requesting the ap- pointment of an additional mem- ber to their Commission, with more technical expertise, present- ed and read. Councilman Lundh moved that the petition be refer- red to Council. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Lions Club request- ing permission to conduct a par- ade on June 5, 1976, in line with their convention to be held on June 4, 5, and 6th, presented and read. Councilman Lundh moved that the petition be received and filed and approved and referred to City Manager for implementation. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of the National Founda. tion March of Dimes requesting permission to conduct its annual Mother's Day March during the month of January, 1976, presented and read. Councilman Lundh mov- ed that the petition be approved and referred to City Manager for implementation. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Anton Zwack Inc, ob- jecting to any proposed rezoning of his property located on the north. east corner of 13th & White Streets, presented and read. Councilman Lundh moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilben Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Klauer Optical re- questing that the sale of optical goods be determined a suitable use in a C-1 Zone, or the property located at the corner of North Grandview and Delhi be rezoned C-2 to allow the operation of an optical store, presented and read. Councilman Lundh moved that the petition be referred to the City Attorney and Planning & Zoning Commission. Seconded by Council- man Tully. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Sharon Lee Dull re- g to address e Council in regardsto MeAleeceRecreation Proposal and the flood wall monu- ment proposed recreational sight, presented and read. Sharon Dull spoke to Council relative to peti- tion and presented movie slides re- garding the area. Mayor Justmann moved that the petition be received and filed and referred to Council to a future meeting. Seconded by e Councilman Tully. Carried by vote: 624 Special Session, December 15, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Thomas W. Ehlinger requesting a refund of $50., on un- expired portion of Cigarette License No. 737, discontinued busi- ness on 12-1-75, presented and read. Councilman Lundh moved that the request be approved and City Auditor directed to issue prop- er warrant. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Dubuque Electric Motor Service Inc. objecting to the proposed Zoning of the area locat- ed between 14th and 12th Street which was discussed at last Coun- cil meeting, presented and read. Councilman Lundh moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Donald R. Legan et al, requesting annexation of 1.5 acres south of the City Limits de- scribed as Lot 2 of 1 of I of Bever - 1v Pines in Section 2 Table Md. Twp., presented and read. Coun- cilman Lundh moved that the peti- tion be received and filed and re- ferred to the Planning & Zoning Commission. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Petition of Creston Street & Glenwood Court Residents request- ing approval to turn out street lights on Christmas Eve and Christ. mas Day, presented and read. May- or Justmann moved that the re- quest be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 440.75 RESOLUTION APPROVING DEDI- CATION OF DRAINAGE AND GREEN AREA IN LOT I 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 FAST OF THE 5TH PRINCIPAL NIERIDIAN IN THE CITY OF DU- BUQUE, IOWA Whereas, there has been filed with the City Clerk a plat which shows said dedication by the Du- buque Community School district; and Whereas, said plat has been found by the City Council to con. form to the statutes and Ordinan- ces relating thereto. Now therefore, be it resolved by the City Council of the City of Du- buque, Iowa: Ssction 1. That the dedication of the drainage and green area as the same appears upon said plat be and the same are hereby accepted, Section 2. That the plat of Lot 1 of 2 of 1 of l of 1 of the East One Half of the Southwest One Quarter of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que upon said plat. Passed, adopted and approved by recorded roll call vote this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis 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, Tul- ly. Nays — None. December 12, 1975 Honorable Mayor and City Council Attached is a letter anti a match- ing resolution from Chief Robert J. Special Session, December 15, 1975 825 O'Brien. Chief O'Brien outlines in his letter that he has requested funds from the North East Iowa Area Crime Commission to send Officer Leo Joseph Kennedy to a Juvenile Justice Institute in New Orleans in early March. Officer Leo J. Kennedy is now a liaison officer in our public school system. The total estimated expenses for the trip are $542.00. The City share would be $54.20. You are requested to adopt the matching resolution stipulating that the City will pro- vide $54.20 for this project. Francis A. Murray Assistant City Manager Councilman Lundh 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, Tul- ly. Nays — None. MATCHING RESOLUTION NO. 441-75 Whereas, the City of Dubuque of Iowa, by resolution duly passed heretofore, has resolved that it will provide during the approved proj- ect period cash funds for the fol- lowing Iowa Crime Commission pro jeot: Title Amount of Funds of Proleot Being Provided Juvenile Justice Conference Training $54.20 Passed this 15th day of Decem- ber, 1975. C. Robert Justmann Mayor .Alvin E. Lundh Thomas A. fully, Jr. James E. Bradv Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. December 1, 1975 Honorable Mayo and City Councilmen You have heretofore adopted a Resolution authorizing the City to enter into an Intergovernmental Agreement with the County con. cerning the Metropolitan Area Solid Waste Agency. Subsequent .to the execution of said Agreement, bonding Counsel examined same as has suggested that changes be made in the Orig. inal Agreement in order to affect the bondability of the enterprise. The original Agreement contains the following provision: "Any special or budgetary ap. propriation adopted by the Ag- ency shall be approved by the City and County," which has been corrected to elim- inate such provision and the final draft of said Agreement is hereto attached and it is recommended that you execute the same in ac. cordance with the attached Resolu. tion. R. N. Russo City Attorney Mayor Justmann moved that the communication be received and fil. ed. Seconded by Councilman Stack - is. Carried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 442-75 WHEREAS, The City and County of Dubuque have heretofore enter- ed into an Agreement known as the Intergovernmental Agreement creating the Dubuque Metropolitan Area Solid Waste Agency; and WHEREAS, it has been consider- ed necessary and essential that said Agreement be amended in or- der to serve the interests of all of the parties in interest to this Agreement with particular refer- ence to the proposal for said Agen- cy to issue Revenue Bonds; and WHEREAS, said Agreement, as amended, should be, approved. NOW THEREFORE BE IT RE- SOINED BY THE CITY OF DU- BUQUE: Section 1. That the Intergovern- mental Agreement creating the Dubuque Metropolitan Area Solid 626 Special Session, December 15, 1975 Waste Agency as amended be and the same is hereby approved. Section 2. That the Mayor of the City Council of the City of Dubu- que, Iowa be and he is hereby au- thorized and directed and empow- ered to execute the said amended Intergovernmental Agreement cre- ating the Dubuque Metropolitan Area Solid Waste Agency on behalf of the City Council of the City of Dubuque, Iowa. Section 3. That an executed copy of said Agreement, together with copy of this Resolution be trans- mitted to said Dubuque Metropol- itan Area Solid Waste Agency, in care of R. N. Russo, City Attorney, 236 Fischer Building, Dubuque, Iowa 52001. This Resolution is declared adop- ted this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis 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, Tul- ly. Nays — None. RESOLUTION NO. 443.75 WHEREAS, an informed citizen. ry is basic to the proper function ing of the democratic form of government, and WHEREAS, "The Telegraph Her old" has undertaken to publish the Dubuque City Council agenda as f public service, and WHEREAS, this step will pro mote public understanding ane awareness of City activities as wel as encourage citizen participatioi in the local governmental process NOW THEREFORE BE IT RE SOLVED that the Dubuque Cit; Council publicly thank and com mend "The Telegraph Herald" fo its public-spirited action in pub lishing the City Council agenda. Passed, adopted and approved .his 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: I.eo 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 Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 444.75 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. Shirley L. Chidester, 2417 Rhom- berg Avenue Passed, adopted and approved this 15th day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 445.75 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. Special Session, December 15, 1975 827 CLASS "B" BEER PERMIT Clarke College of Dubuque, Iowa 1550 Clarke Drive Passed, adopted and approved this 15th day of December, 1975, C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 446.75 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 Clarke College of Dubuque, Iowa 1550 Clarke Drive Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Le.o F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. RESOLUTION NO. 447.75 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 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 'B" (HOTEL- MOTEL) BEER AND LIQUOR LICENSE Design Center Inc. (also Sunday Sales), 200 Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bert Hillary, 1413 Rockdale Road Benevolent and Protective Order of Elks #E297, 2009 John F. Ken- nedy Road Lorraine Gordon, 2327 Central Av- enue Eugene L. Kopp, 981 Main Street Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Lea F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 44875 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants of they have received the approval 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, 628 Special Session, December 15, 1975 NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, -that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL -MOTEL) BEER AND LIQUOR LICENSE Design Center Inc. (Also Sunday Sales), 200 Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bert Hillary, 1413 Rockdale Road Benevolent and Protective Order of Elks #297, 2699 John F. Ken- nedy Road Lorraine Gordon, 2327 Central Av- enue Eugene L. Kopp, 951 Main Street Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. E'rommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 449-75 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 Steven T. Schnee, 1902 Central Av- enue Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Le.o F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 450-75 WHEREAS, applications for Uq- 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 appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Steven T. Schnee, 1902 Central Avenue Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. .> Special Session, Deember 15, 1975 829 RESOLUTION NO. 451.75 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 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 Joseph A. Schumacher, 2400 Cen- tral Avenue Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommell City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 452.75 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 R& 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 Joseph A. Schumacher, 2400 Cen. tral Avenue Passed, adopted and approved this 15th day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E, Brady Emil Stackis Councilmen ATTEST: Leo F. Frommeit City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. At 9:55 P.M. Mayor Justmann moved to go into Executive Ses- sion to discuss appointments to Boards and Commission and re- quested the City Solicitor to join them to give Council direction to a subsequent legal matter. Second- ed by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Council Reconvened in Regular Session at 10:15 P.M. Mayor Justmann announced the following appointments: To the Community Development Commis- sion: Rose Made Montgomery from Washington Neighborhood, expir- ing December 8, 1976; Walter A. Pregler from Point Neighborhood, expiring December 8, 1978; Russel Neuwoehner for Legal Counsel, ex- piring December 8, 1978; Rev. Rob- ert Odden for Clergy, expiring De- cember 8, 1976 (Revoking appoint- ment made at last week's meeting to the Advisory Commission); and Don Abitz appointed to the TV. FM Cable Advisory Commission. Mayor Justmann moved radifica- tion of the appointments. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. There being no further busi- ness, Mayor Justmann moved to adjouran Tully. Carried by the follow nCded toring Tully. vote: 630 Special Session, December 15, 1975 Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Leo F. Frommelt City Clerk Approved February 9, 1976 Adopted February 9, 1976 Special Session, December 19, 1975 831 CITY COUNCIL Approved February 9,.1978 OFFICIAL Ad ebrU.a.r 9, Special Session, December 19, 1975. Council met at 4:30 P.M. (C.S.i. Present—Mayor Justmann, Coun cilmen Brady, Lundh, Stackis, Tul. ly. City Manager Gilbert D. Chav- enello. / Mayor Justmann read thvfall and stated that service thergiff had been duly made and this Meeting is called to RECONSIDER pRE. VIOUS ACTION TAKEN ON THE ISSUANCE OF A CLASS "C" BEER & LIQUOR LICENSE and acting upon such other business as may properly come before a Regu- lar Meeting of the Council. Councilman Stackis moved to reconsider action taken on Resolu- tions No. 451-75 and No. 45275, which were passed and adopted at Council Meeting of December 15, 1975. Seconded by Councilman Brady. Vote on the motion was as follows. Yeas — None. Nays — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. MOTION FAILED. 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, Tul. ly. Nays — None. Leo F. Frommelt City Clerk Adopted February 9, 1976 Approved February 9, 1976 632 Special Session, December 22, 1975 CITY COUNCIL OFFICIAL Special Session, December 22, 1975. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. City Manager Gilbert D. Chav enelle. Invocation was given by Rev. Robert Odden. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is colied for the purpose of CON- SIDERING AN ORDINANCE ON WHICH FINAL ACTION WAS DE- FERRED FROM THE MEETING OF DECEMBER 15, 1975, and act- ing upon such other business as may properly come before a Regu- lar Meeting of the Council. Communication of Iowa Depart- ment of Environmental Quality ap- proving sanitary and functional features for the water main on Kelly's Bluff properties, presented and read. Councilman Stackis mov. ed 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, Tul- ly. Nays — None. Communication of Iowa Depart - merit of Environmental Quality advising of sending a construction permit to Francis Kelly for a sani- tary sewer extension in St. George Subdivision, presented and read. Councilman Stackis moved that the communication be received and fil- ed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Peoples Na- tural Gas advising of a rate in. crease of $3.08 per thousand cubic foot to all residential and small volume firm customers and all rural customers served by them ef- fective with gas bills issued on or after January 19, 1976, presented and read. Councilman Stackis mov. ed that the communication be re• ceived and f iled. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, I.undh, Stackis, Tul- ly. Nays — None. Communication of Attorney Al- fred E. Hughes, as a representa- tive of the Dubuque Packing Co„ advising that equipment used in the servicing of trucks at 146 Bluff Street is being removed and the only use to which the premises are put is for vehicle storage, present- ed and read. Councilman Stackis 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, Tul- ly. Nays — None. December 17, 1975 Honorable Mayor and City Council In accordance with the provi- sions of Chapter 400 of the Code of Iowa, 1975, the Civil Service Commission conducted Civil Serv- ice examinations for the position of WATER. PLANT OPERATOR, on December 9, 1975. The following named persons have passed the written examina- tion with an average of 70% or better. Kaune, James P. 84% Robey, Stanley 75% Schmitt, Paul R. 75% Felton, Michael J. 73% Hoffmann, David J. 70% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 18th day of December, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Councilman Brady. Carried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Special Session, December 22, 1975 December 17, 1975 Honorable Mayor and City Council In accordance with the provi- sions of Chapter 400 of the Code of Iowa, 1975, the Civil Service Commission, conducted Civil Serv- ice examinations for the position of Heating Inspector I, on Decem- ber 9, 1975. Three persons took the examina- tion but failed to reach a passing grade of 70%. Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 18th day of December 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Playground & Recreation Commission requesting a meeting with the Council to dis- cuss views and clarification of some matters relative to the Or- pheum Theatre, presented and read. Councilman Stackis moved that the communication be receiv- ed and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Dubuque Ad- visory Commission submitting min- utes of their meeting of Decem- ber 16, 1975, presented and read.) Councilman Stackis moved that the minutes be received and filed. Sec- onded by Councilman Brady. Car - rigid by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul ly. Nays — None. Communication of Board of Dock Commissioners submitting lease with the Dubuque County Conser- 633 vation Society for property on Area "C" along with a proposed addendum in relation to well fields (forward from last week), present- ed and read. Councilman Brady moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly, Nays — None. Wayne A. Moldenhauer, mem- ber of Board of Dock Commission. ers, spoke to Council relative to the communication. Councilman Stackis moved that the communica. tion of Board of Dock Commission. ers be referred to the City Solicit- or. Seconded by Councilman Brady, Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of U.S. Depart. ment of Justice requesting the Mayor to issue a proclamation nam- ing January as "Alien Address Re- port Month," presented and read. Councilman Lundh moved that the communication be received and filed and proclamation approved. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Application for Annexation sub- mitted by Iowa Department of Transportation for annexation of the Kopper -Powers Ford property, presented and read. Councilman Stackis moved that the annexation be approved. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. RESOLUTION NO. 453.75 WHEREAS, the owners of an area approximately 21.311 acres in size lying immediately westerly of the city limits of the City of Du- buque, Iowa, have now voluntarily petitioned the City Council for an- nexation of their property to the City of Dubuque, Iowa; and 634 Special Session, December 22, 1975 WHEREAS, 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- 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 of said territory if incorp- orated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the exten- sion of city limits in situations of this character by the adoption of a resolution therefor; 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, NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following described real estate: That parcel of real estate de- scribed as Iowa Department of Transportation property and the Kopper -Powers Ford, Inc. prop- erty in Exhibit "A", hereto at- tached and by reference made a part hereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being out- lined in red thereon. Section 2: The territory hereby annexed shall become and be part of the Thirteenth Voting Precinct to the City of Dubuque, Iowa. Section 3. That Resolution No. 395-75, passed and adopted on the 27th day of October, 1975, be and the same is hereby repealed. Passed, approved and adopted this 22nd day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis 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, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Councilman Lundh moved to sus- pend the Council Meeting of De- cember 29. 1975. Seconded by Councilman Brady. Carried by the following vote: Yeas—Councilmen Brady, Lundh, Stackis, Tully. Nays — Mayor Justmann. Councilman Brady moved that the City Council go on record as being opposed to the concept of utilization of Rehabilitation Funds in target blocks, and that the Coun- cil reasserts its earlier opposition to that proposal and the City Clerk directed to communicate this rec- ord to the Rehabilitation Commis- sion at their organizational meet- ing of December 23, 1975. Second- ed by Councilman Stackis. VOTE ON THE MOTION WAS AS FOU LOWS: Yeas—Councilmen Brady, Stack - is. Nays — Mayor Justmann, Coun- cilmen Lundh, Tully. MOTION FAILED. Mayor Justmann moved that the City Manager be directed to in- vestigate the feasibility of utilizing available Federal Funding to estab- lish the position of a River/Stream Pollution Technician OR to utilize such monies to supplement existing city water anti -pollution programs. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays — Councilman Stackis. Communication of Low -Rent Housing Commission submitting minutes of their meeting of De- cember 16, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. Communication of Planning & Zoning Commission submitting minutes of their meeting of Decem- 'i Special Session, December 22, 1975 gg5 her 17, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Sec. onded by Mayor Justmann. Car. ried by the following vote: Yeas — Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. December 16, 1975 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Di- rector, Water Superintendent, Health Department, as well as a list of claims paid, for the month of November, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved the communication be received and filed. Seconded by Mayor Just - mann. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul. ly. Nays — None. Notice of Claim of Ardina M. Pickel, in at least the amount of $10,000., for personal injuries re- ceived in a fall on an icy side- walk along north side .,f Ruegnitz Drug Store building on November 28, 1975, presented and read. Councilman Brady moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas — Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays — None. ORDINANCE NO. 47-75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," WHICH AMENDMENTS SHALL RE- PEAL, SHALL REPEAL AND S1TBSnTUTE NEW LANGUAGE IN LIEU TIT MEOF, OR SHALL ADD NEW LANGUAGE TO THE ORDINANCE AS HEREINAFT- ER DESCRIBED, said Ordinance having been prev- iously presented and read at the Council meetings of November 24 and December 15, 1975, presented for final adoption. ORDINANCE NO. 47.75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 37- 71, KOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," WHICH AMENDMENTS SHALL RE- PEAL, SHALL REPEAL AND SUB- STITUTE NEW LANGUAGE IN LIEU THEREOF, OR SHALL ADD NEW LANGUAGE TO THE ORDIN- ANCE AS HEREINAFTER DESCRIB- ED NOW THFREFORE BE IT ORDAIN - Ell BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. That Ordinance No. 32- 75, known as the "Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa,, - be and the same is hereby amended by inclusion of the hereinafter described amendments, to wit: "In Table 4-105.6 entitled "R-2 Sched. ule of District Regulations," under Single Family Dwellings, delete the Minimum Required Side Yard Setback (in feet) of "S" and substitute a Minimum Required Side Yard Setback (in feet) of "6", in lieu thereof. In Table 4-107.6, entitled "R-4 Sched- ule of District Regulations," under Mul- tiple Family Dwellings, delete the Mini- mum Required Frontage (in feet) "90" and substitute a Minimum Required Front- age (in feet) of "60," in lieu thereof. In Table 4-108.6, entitled "R-5 Schedule of District Regulations," under Multiple Fam. ily Dwellings, delete the Minimum Requir. ed Frontage (in feet) "90," and substitute a Minimum Required Frontage (in feet) of "60", in lieu thereof. fit Section 6-107.3 delete the caption "Notice and Hearing on Application for Variance," and substitute in lieu thereof, the following caption "Hearing on Appli- cation for Variance." In Section 6-107.3 repeal the following: "Following receipt of a completed applica- tion for a variance, and any additional in- formation required by the Board pursuant to Section 6-107.2, a public hearing shall be held with due diligence by the Board to consider such application. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation at least fifteen (15) days prior to such hearing. At the public hearing all interested parties shall be afforded a rea- sonablc opportunity to appear and express their views on the application, either in person or by agent," and substitute the fo'lowing in lieu thereof: "Following receipt of a completed application for a variance, and any additional information required by the Board pursuant to Section 6.107.2, a hearing shall be held with due diligence by the Board to consider such application. Notice of the time and place of the hearing shall be made known by the Board by certified mail notification to all abutting property owners and others 838 Special Session, December 22, 1975 within two hundred feet (200') of the property for which variance is sought. At the hearing all interested parties shall be afforded a reasonable opportunity to appear and express their views on the ap- plication, either in person or by agent." In Section 5-103.6.3.1, entitled "Park- ing Lot Standards" delete the fallowing: "AII parking lots shall conform to the following standards:", and substitute in lieu thereof, "All parking lots shall con- form to the following standards except lots located wholly within an H -I Heavy In- dustrial District:" In Section 5-103.6.3.1, under subsection (1) delete the following: "Appropriate visual screening in conformance with the screening standards of Section 5-103.6.2 shall be provided on all portions of the parking lot perimeter area which are vis- ible from any residential district located within two hundred feet (200') of such parking lot, except in exit or access drive- ways," and substitute in lieu thereof, the following: "Appropriate visual screening in conformance with the screening standards of Section 5-103.6.2 shall be provided on all portions of the parking lot perimeter except in exit or access driveways." In Section 5-103.6.2.1, under subsection (4) delete the following: "All parking spaces shall be clearly marked. Appropri- ately placed signs and/or pavement direc. tions shall be employed to guide internal circulation and traffic access and exit. No entrance or exit drive may be closer than fifteen (15) feet from the nearest residential district," and substitute in lieu thereof the following: "All parking spaces shall be clearly marked. Appropriately placed signs and/or pavement directions shall be employed to guide internal circula- tion and traffic access and exit." In Section 4-114.2, entitled "Principal Permitted Uses," under subsection (2), de- lete the following: "Restaurants, drive-in eating establishments, and bars or caverns," and substitute in lieu thereof the follow- ing: "Indoor restaurants or drive-in res- taurants; bars or taverns." In Section 4-115.2, entitled "Principal Permitted Uses," under subsection (5 ) delete the following: "Restaurants, bars, or taverns," and substitute in lieu thereof the following: "Indoor resuurants or drive-in restaurants; bars or taverns." In Section 4-116.2, entitled "Principal Permitted Uses," under subsection (7) delete the following: "Eating establish- ments, but not to include drive-in restaur- ants," and substitute in lieu thereof the following: "Indoor restaurants or drive- in restaurants." In Section 4-117.2, entitled "Principal Permitted Uses," under subsection (5) de- lete the following: "Eating establishments, but not including drive-in restaurants," and substitute in lieu thereof the follow- ing: "Indoor restaurants (ir drive-in res- tauranu." In Section 4-109.2, entitled "Principal Permitted Uses," under subsection (16), delete the following: "Auditoriums, assem- bly halls, and similar places of public as- sembly." In Section 4-115.2, entitled "Principal Permitted Uses," under subsection ( 3 ) delete tlse following: "Auditoriums, assem- bly halls, :tubs and places of pubic as- sembly." In Section 4-114.2, entitled "Principal Permitted Uses," a new subsection (14) as follows: "(14) Bowling alleys or other commercial recreation establishments." In Section 4-116.2, entitled "Principal Permitted Uses," add a new subsection (1 1) as follows: "(11) Hotels and mo- tels." In Section 5-106, entitled "Residential Dwelling Permitted in Commercial Dis- tricts," delete the following: " Withm any C-1, C-2, C-3, C-4 or C-5 District, resi- dential dwelling shall be permitted above the first floor of any building provided however, that a lot area of at least 600 square feet per dwelling unit plus 100 square feet for each bedroom contained therein shall be required. In addition, not less than 1.0 off-street parking spaces must be provided for each dwelling unit," and substitute in lieu thereof the fo:lowing: "Within any C-1, C-2, C-3, C-4, or C-5 District, residential dwelling shall be per- mitted above the first floor of any build- ing, provided however, that a lot area of at "east 600 square feet per dwelling unit plus 500 square feet for each bedre>sm contained therein shall be required. In ad- dition, nnot less than 1.0 off-stret parking spaces must be provided for each dwelling unit, except in the C-5 District." SECTION 2. That the foregoing amend- ments have heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 22nd day of December, 197$. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully Jr. ,lames E. Brady Emil Stackis Councilmen ATTEST: Len F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 26th day of De- cember 1971. Leo F. Frommelt City Clerk It 12/26. Councilman Stackis moved final adoption of the Ordinance. Second- ed by Councilman Brady. Carried by the following; vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays — None. J1 Special Session, December 22,1975 637 petition of Jack Jones Excavat- I Yeas—Mayor Justmann, Council- ing requesting permission to exca. men Brady, Lundh, Stackis, Tully. vate at 2200 Rhomberg Ave., pre- Nays—None, sented and read. Councilman Stack. Councilman Brady moved that is moved that the petition be re- the Council NOT meet on January ceived and filed and request ap- 19, 1976, due to Political Caucusus proved. Seconded by Councilman being held. Seconded by Council - Brady. Carried by the following man Stackis. Carried by the fol - vote: lowing vote - yeas ---Mayor Justmann, Council- Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. men Brady, Lundh, Stackis. Tully. Nays—None. Nays—None. petition of George H. Weitzel re- December 18, 1975 questing vacation of a 20' wide al- Honorable Mayor ley located between Bradley and and City Council Grandview, presented and read. The City of Dubuque Planning Councilman Lundh moved that the and Zoning Commission has re- petition be received and filed and viewed the final plat of Lots 1 referred to the City Manager. Sec. through 24 of Block 16 and Lot 1 onded by Councilman Stackis. Car- of Block 17 in Mettel-Byrne Addi- ried by the following vote: tion in the City of Dubuque, Iowa. The Commission has found that Yeas—Mayor Justmann, Council- the plat conforms to the prelimin- men Brady, Lundh, Stackis, Tully. ary plat for the area. It is the Nays—None. recommendation of the Commis - Petition of St. John's Lutheran sion that the plat be approved. Cemetery Ass'n. et al, requesting CITY PLANNING AND the installation of a street light on I ZONING COMMISSION Davis Avenue (10 signers), pre- Daniel Dittemore sented and read. Councilman Development Planner Lundh moved that the petition be I Mayor Justmann moved that the referred to the City Manager. Sec- ! communication be received and fil- onded by Councilman Stackis. Car- i ed. Seconded by Councilman Stack- ried by the following vote:uncil is Carried by the following vote: Yeas—May aha SLackis,oTuily. Yeas --Mayor Justmann, Council- men Brady, men Brady, Lundh, Stackis, Tully. Nays—None. 'gays—None. petition of Earl Bisanz et ux ob- RESOLUTION N0. 45475 jetting to the installation of a RESOLIiION APPROVING THE street light on their lot line as PLAT OF BLOCK 16 AND petitioned for by St. Johns Cerra BLACK 17 IN MFTTELBYRNE tery Ass'n., presented and read. ADDITION IN THE CITY OF Councilman Lundh moved that the DUBUQUE, IOWA petition be referred to the City Manager. Second by Councilman VMREAS, there has been filed Stackis. Carried by the following with the City Clerk a plat of the vote: Subdivision to be known as Block Yeas --Mayor Justmann, Council. 16 and Block 17, in Mettel-Byrne men Brady, Lundh, Stackis, Aully. Iowa, b`, in ettel Realty & of Dubuque, Nays—None. Iowa, ment Co.; and Petition of North Dubuque Im• WHFB.EAS, upon said plat ap- provement Ass'n. Inc. requesting ear streets to be known as Ad- a public hearing on the proposed m iral Street, together with certain extension of Central -White one-way public utility easements which the couple, also on the proposed re- owners by said plat have dedicated paving of Jackson Street, present- public forever; and to the P lat has been ed and read. Councilman Lundh A,HERF said P moved that the petition be refer- examined by the City Planning and red to the City Manger to prepare ( Z,ning Commission and had its ap- information to Council and invite roval endorsed •therel t has been North Dubuque group to attend p WIIE REAS, said P meetings. Seconded by Councilman examined by the City Council and Stackis. Carried by the following they, find that the some conforms vote: 9938 Special Session, Decernber 22, 1975 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 dedication of Admiral Street, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accept- ed; Section 2. That the plat of Block 16 and Block 17, in Mettel-Byrne Addition in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of i the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here. to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter to hard surface Ad- miral Street with bituminous concrete, or with concrete pav- ing with integral curb, all in ac- cordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and 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 approv- ed by the City Manager, under the inspection of the City Engi- neer, 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 Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivid- er, Mettel Realty & Investment Co., as owner; i. To construct said improvements, except sidewalks, prior to De- cember 20, 1977, and to con- struct the sidewalks prior to December 20, 1979; and further provided that said Met - tel 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 AP- PROVED by unanimous recorded roll call this 22nd day of Decem- ber, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 45475 We, the undersigned Mettel Real- ty & Investment Co., having read the terms and conditions of the foregoing Resolution No. 45475 and being familiar with the con- ditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 14th day of January, 1976. C. E. Mettel President Lorraine Klumpp Vice Pres. TO: LEO F. FROMMELT CITY CLERK This is to certify that the secur- ity provided by the foregoing Special Session, Dcccmber 22, 1975 839 RESOLUTION NO. 454-75 has been furnished by the owners. Dated at Dubuque, Iowa this dayof ...................................... 19...... Gilbert D. Chavenelle City Manager Mayor Justmann moved adop- tion of the resolution and approval subject to verbal understanding with the Engineering's office to be reduced in writing. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Lundh, Stackis, Tully. Nays—Councilman Brady. STATE OF IOWA PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: City of Dubuque, Public Employer and Dubuque Association of Professional Fire Fighters, Local #353, Petitioner CASE NO. 520 ORDER OF CERTIFICATION Now on this 10th day of Decem- ber, 1975, the Board being advised that an election was conducted pursuant to Order of the Board, and that Dubuque Association of Professional Fire Fighters, Local #353, an employee organization, received an affirmative vote of the majority of employees in the bar- gaining unit, and the Board having further found that the employee organization has fully complied with all regulations of the Act and the rules and regulations there- under, 1T IS HEREBY ORDERED BY THE BOARD that Dubuque Asso- ciation of Professional Fire Fight- ers, Local #353 should be, and hereby is, designated and certified by this Board to be the exclusive bargaining representative for the employees of City of Dubuque, a public employer, in the following bargaining unit: INCLUDED: Fire Fighter, Fire Equipment Operator, Fire Lieu tenant, Fire Captain, Fire Mar- shal, and Ambulance Driver At tendant. EXCLUDED: Civilian Fire Dis- patcher, Stenographer, Assistant Fire Chief, Fire Chief and all other persons excluded by Sec- tion 4 of the Act. DONE by the Public Employ- ment Relations Board. John R. Loihl, Board Member Councilman Stackis moved that the Order of Certification be re. ceived and filed and made a matter of record. Seconded by Councilman Brady. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. December 19, 1975 Honorable Mayor and City Council The Fair Labor Standards Act of 1938 was amended by P. L. 93.259, 88 Stat. 55, May 1, 1974. According to regulations on Po- lice and Firefighters, promulgated by the Department of Labor on No- vember 1, 1974, the City of Du- buque must make a positive decla. ration of what constitutes a "work period" for Police and Fire De- partments. These regulations fur- ther state that if the practice of trading time is to be continued, the city must make a positive dec- laration that time traded must be paid back within the calendar year. Failure to comply with these reg- ulations could result in the pay- ment of unnecessary overtime. I submit for your approval the attached resolutions to comply with these directives. These are identi- cal to the resolutions which were passed for the year 1975. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 455.75 Resolution establishing and de- claring the work period for em- ployees engaged in law enforce- ment 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- 640 Spacial Session, December 22, 1975 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 the City of Dubuque, Iowa, as fol- lows: Section 1. That the declared work period for employees en- gaged in Law Enforcement Activ- ities as defined in the Fair Labor Standards Amendments be twenty- one days commencing December 22, 1975.. Section 2. That the past practice of voluntary shift trading be al- lowed to continue with the de- clared policy that all shift time traded 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, 1976 through December 31, 1976. Passed, adopted and approved this 22nd day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 456.75 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 fol- lows: Section 1. That the declared work period for employees en- gaged in Fire Protection Activities a defined in the Mair Labor Standards Amendments be twenty- one days commencing December 22, 1975. Section 2. That the past practice of voluntary shift trading be al- lowed to continue with the de- clared policy that all shift time traded 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, 1976 through December 31, 1976. Passed, adopted and approved this 22nd day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 457.75 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 JFK Fast Foods, Inc., 2075 JFK Drive (Also Sunday Sales) Loras College, Alta Vista St. & Loras Blvd. CLASS "C" BEER PERMIT Donald E. Wertz, 1545 S. Grand- view Ave. Special Session, December 22, 1975 Passed, adopted and approved this 22nd day of December 1975, C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays --None. RESOLUTION NO. 458.75 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., 2075 JFK Drive (Also Sunday Sales) Luras College, Alta Vista St. and Loras Blvd. CLASS "C" BEER PERMIT Donald E. Wertz, 1545 S. Grand- view Ave. Passed, adopted and approved this 22nd day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: 641 Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 459.75 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 David A. Parochetti, 2600 Dodge Street Passed, adopted and approved this 22nd day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. RESOLUTION NO. 46075 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 appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David A. Parochetti, 2600 Dodge Street 842 Special Session, December 22, 1975 Passed, adopted and approved this 22nd day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr James E. Brady Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded Councilman Lundh. Carried by e following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. At 9:35 P.M. Councilman Brady moved to go into Executive Session to discuss personnel. Seconded by Councilman Lundh. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Council reconvened in Regular Session at 10:09 P.M. Ne results of the Executive ses- sion were announced. There being no further business, Councilman Lundh moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas—Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays—None. Leo F. Frommelt City Clerk Approved February 9, 1976 Adopted February 9, 1976 Councilmen Attest: City Clerk Jorm Microlab Mirofilming Data/Index Page Client Firm Dubuque City Hall Catagory City Council Books Roll No. 36 Start Book No. 100-1970 End Book No. 105-1975 Jorm Microlab Jorm Microlab END OF ROLL Roll No. 36