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1975 May Council Proceedings RëgùlariSëssion, May 5, 1975 CITY COUNCIL OFFICIAL Reguler Session, May 5, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen, Brady, Lundh, Steckls, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call an/Í' stated that service thereof had been duly made and this meeting is tbe REGULAR MONTH. LY MEETING of the Council called for the purpose of acting upon' such business as may prop- erlY come before the meeting. Communication of Youth Ser- vices Board of Directors submit- ting minutes of their meeting of March 25, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Brady. Carried by 'the following vote: , Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, ,1;'11°lUs, Þ 'NkYß-'-None. Communication of Human Rights Commission submitting minutes of their' meeting, of April 10, 1975, presented and read. Mayor Just- màUlímoved that the minutes be received and filed. Seconded by Councilman Brady. Carried by the folloWing vote: Yeas--Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. 'Nays~None. Communication of Low-Rent Housing Commission submitting minutes of their meeting of April 29, 1975, presented and read. Ma- yor Justmann moved that the min- utes be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. "Nays--Nolle; ":CðUlmuilicatlon, of Dubuque County Historical Society' express- ing concern as to the possible re- moval of street light standards from Central Ave., Lower Main Street and Washington Park and urging 'the City to carefully study the situation before another link of,the past is sacrificed, presented 173 and read. Councilman Brady moved that the communication be re- ceived and filed and referred to the Council. Seconded by Council- man Thoms. Carried by the follow- ing vote::; Yeas - Mayor Jusimann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Teleprompter Cable TV advising ihat certain proposals or legislation requiring the deletiòn of Sports Program- ming on the Cable System are be- ing considered by the Federal Communications Commission and submitting a proposed, resolution for the Council objecting to such action, presented and read. Coun- climanBrady moved to Suspend the rùles to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun, cillnen Brady, Lundh, Stackis, Thoms. ' Nays-None. Mr. Bill Mason addressed the Council relative to the communi- cation. Councilman Thoms moved that the communication be re- ceivedand' filed. Seconded by Councilman ¡;tackis; Carried by the following :vote: Yeas - Councilmen Brady, Lundh, Staclds, Thoms. Nays-Mayor Justmann. RESOLUTION NO. 151.75 Adopted by the City Council of Dubuque, IoWa 52001, on Monday, May 5, 1975. Whereas: The Federal Communi- cations Commission and the Con- gress of the United States are con- sidering èertain legislation and proposals which, if adopted, would require a substantial portion of present and/or future cable tele- vision sports' programming to be blacked out. Whereas: Professional and col- lege sporting events area major attraction for cable television sub- scribets in Dubuque, Iowa and East Dubuque, III. and such events at- tract ,a substantial portion of the viewing' aUdience of cable televi- sion systems. Whereas: ' Extensive capital ex- penditures have been Inade by the local cable television company in bringing èable television" service to the Systems of Dubuque, Iowa' 174 Regular Session, May 5, 1975 and East Dubuque, illinois, and the economic viability of such com- pany will'be substantially and ad- versely affected by the enactment of this legislation or these propos- als. Now, therefore be it Resolved: That the City Council of Dubuque, Iowa respectfully re- quests the Congress of the United States and the Federal Communi- cations Commission to delete pro- visions relating to the blacking out of sports programming pres- ently being carried or which In the future may be carried by cable television systems from legislation or proposals now being considered by such bodies; and be it Resolved: That caples of these resolutions be transmitted to each of the Commissioners of the Fed- eral Communications Commission and to our congressmen and sena- tors in Washington, D.C. Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Councilmen Brady, Lnndh, Stackis, Thoms. Nays-Mayor Justniann. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Communication of Iowa Depart- ment of Environmental Quality submitting a proposed priority cri- teria and project list for 1976 Mu- nicipal Waste Water Treatment construction grants and further ad- vising of a public hearing to be held In Des Moines on May 28th, presented and read. Mayor Just- mann moved that the communi- cation be received and filed. Sec- onded by Councilman Stackls. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Communication of Department of Transportation submitting pro- posed rules relating to "Organiza- tion," "Negotiated Contractor Se- lection" and "Airport Development Program," presented and read. Ma- yor Justmann moved that the com- munication be received and filed. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Communication of Department of Transportation submitting rules for improvement and maintenance on Urban Extensions of the Pri- mary System; Federal Aid Urban System and implementation pro- cedures for project construction; Preparation of Street System maps for Road Use Tax allocation; BIke. way and walkway facilities; Sign- Ing on Primary Roads; Speed zon- Ing on Primary Highways; Accom- modations of public and private utility facilities within the right of way of Iowa's Primary road sys. tem, presented and read. Mayor Justmann moved that the commu- nication be received and filed. See' onded by Councilman Staclds. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays--None. April 22, 1975 I' Mrs. Vicki Howard 2276 Woodworth St. , At council meeting April 21, the council considered your petition about Woodworth Street and de- layed taking any action until I in- formed you of the staff recommen- dation. The purpose of the delay waS that you might wish to at- tend the meeting at which your petition would again be considered or that you might wish to present further information. I am enclosing a copy of my let- ter to the council recommending that no further action be taken, a copy of Chief O'Brien's letter of April 14 and a copy of your peti- tion. Even though the council indi. cated that the matter will be con- sidered at their next meeting, It is difficult to state whether the meeting will be April 28 or May 5. I will request that it be brought up May 5. Gilbert D. Chavenelle City Manager Mrs. Vicki Howard failed to ap- pear. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Regular Session, May 5, 1975 Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. April 30, 1975 Honorable Mayor and Members of the City Council I have approved the Sidewalk Construction bond of Phillip Mihalakis, d/b/a O.K. Home Im- provements of Dubuque, Iowa; Merchants Mutual Bonding Com- pany of Des Moines, Iowa as sure- ty, and dated April 22, 1975, and request approval by your Honor- able Body. Gilbert D. Chavenelle City Manager Mayor Justmann moved that communication be received and filed and filing be approved. Sec- onded by Councilman Stackis. Car- ried by the fallowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Printed Council Proceedings for the month of March, 1975, present- ed for approval. Mayor Justmann moved that the council proceed- ings be approved as printed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Notice of Iowa District Court (Small Claims Division) by Joseph J. Rupp, Plaintiff, in the amount of $96,82, for car damage incurred as the result of striking a defective manhole COver on Loras Blvd. on April 18, 1975, presented and read. Councilman Thoms moved that the notice of Iowa District Court be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Claim of Mrs. Frederic D. Frick, in the amount of $73,80, for car damage incurred as the re- sult of driving into a street ex- cavation at 1800 Clarke Drive dur- ing March, presented and read. Councilman Thoms moved that the notice of claim be referred to the 175 City Solicitor for proper proceed- ings. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. April 30, 1975 Honorable Mayor and City Council On the 18th day of February, 1975, David L. Meier, Box 372, LaCrosse, Wisconsin 54601, filed claim against the City of Dubuque in the amount of $2,380.00 as dam- ages claiming that the car alleged- ly owned by him was wrongfully impounded by the Pollee Depart- ment of the City of Dubuque, Iowa, and while in Its custody same was stolen resulting in loss of person- al property to the applicant as he claimed. I have made an investigation of this matter and received reports from the Pollee Department of the City of Dubuque, Iowa, and have examined the same and it is the opinion of the City Attorney's of- fice that said claim should be de- nied as the claimant's claim does not appear to be supported by the facts. Accordingly, it is the recommen. dation of the City Attorney that the claim of David L. Meier be denied and original claim is re- turned herewith. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of denial be approved. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. AN ORDINANCE amending Or- dinance No. 36-55 by enacting a new Subsection E to Section 1 thereof to prohibit smoking in bus- es, and in any other motor vehicles hauling fare-paying passengers op- erated by the Dubuque Transit Authority, City of Dubuque, Iowa, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: 176 R<¡gular'1)èssiqn:,i,Mi!,y,¡J;,197¡J Yeas - Mayor Justmann, Coun- (Oilmen> Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Thoms moved that tha rule requiring an Ordinance to be read on three separate days be waived. Seconded by, Councilman St@kis; 'Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thpms. Nays-'-None. Councilman Thoms moved that a public hearing .be held on the Ordinance on May 19, 1975, at 7:30 o'clock P.M. in the' Council Cham- ber at the' City Hall 'and that the City Clerk be Instructed to publish notice of the hearing In the man- ner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeþs -'- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Petition of Edward E. Deegan requesting forgiveness of payment of $500., balance of the Grandview Avenue assessment for street con- structed In 1973, presented and read. Councilman Brady moved that the petition be received and filed and denied with regret. Sec- onded by Councilman Stackis. Car- rledby the fallowing vote: Yeas - Councilmen Brady, Lundh, Stackis, Thoms. Nays-Mayor Justmann. Petition of Councilman Alvin Lundh requesting time for recon- sideration of KDTH request for a July 4th Fireworks display at Pe- trakis Park, presented and read. Councilman Lundh moved that the reconsideration be granted. Sec- onded by Councilman Stackls. Car- ried by the following vote: Yeas - Councilmen Brady, Lundh, Stackls. Nays-Mayor Justmann, Council- man Thoms. Councilman Lundh moved that KDTH's request for the July 4th Fireworks Display be approve!'! subject to the approval of the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Councilmen Brady, Lundh, Stackis. Nays--Mayor Justmann, Council- man Thoms. Petition of John Zurcher of 2640 Marquette Place requesting vaca- tion of an alley abutting bls prop. erty,presellted and read. Mayor Justmann moved that the petition be received and filed and a report be given to: the Council by Mayor. Seconded by Councilman Stackls. Carried by the following vote: i Yells -'- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Petltiou of Art Pape, Chairman of the Convention Committee, re- ques,tin:g. that 2nd Street from Main to Iowa be blocked off for two days In August to use for ex- hlbltspace during the Iowa Motor Truck,Assn.' 1976, Convention, pre- sented and read. Councilman Thoms moved that the petition be reèelv'ed and filed and referred to the City Mànager and Traffic De- partment. Secònded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Petition of Julien Motor Inn re- questing consideration In granting permission to the Iowa Motor Ttùok Ass'n. to block off 2nd Street from Main to Iowa for their August.1976 convention, presented and read. Councilman Thoms moved that the petition be re- ceived and filed and referred to the City Manager and Traffic De- partment. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- ,oilmen Brady,' .Lundh, Stackis, Thoms; Nays-None. Petition of Westchester Inc., re- questing permission t<r install five street lights on South Way and Dana Drive, presented and read. Councilman Lundh moved that the petition be approved ànd referred to the Manager for ratification. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Juslfuann, Coun- clltrieu Brady, Lundh, Staclds, Tholll.. ' Nays-None. Petition of Thompson Food Mar- kets òf Oky Doky #11 Rhomberg Ave., requesting a, refund of $56.25 f on unexpired !pbrtion of ~øgu~!,~~$si,~m!M!\y, 5;, 1975 Class HC" Beer Permit No. O.ii05, ,presented aM. read. Councilman Thoms, moved that the refund be granted and the City Auditor, di- rected to issue proper warrant. 'Seconded by Councilman Stackis. 'Garried by the following vote: Yeas - Mayor Justmann, Coun- icilmen' Brady, Lundh, Stackis, Thom.. , , NaYs--None. April 2ij, 1975 HonprableuMayor and City"Council I, ,I¡eveby submit the attached sheets no. 1 to 7, inclusive, show- ing a schedule of the proposed valuations and assessments for the City of, Dubuque 1975 Asphalt Pav- ing Project No.1. Submitted April 30, 1975. John L. White, P.E. City Engineer Councilman Thoms moved that the communication be received and filed. Seconded by Councilman- Brady. Carried by the following vote: , Yeas - Mayor Justmann, Coun- ,cllmen ,Brady, Lundh, Stackis, Thoms. Nays~None. ,RESOLUTION NO. 116-75 .j.!rèli¡nlnary approval of plans, spëHficâtions, form of contract, 'plat and all other documents, In- ',plJjillng all items of material and workite4uired for the construètlon '.of'Cityof Dubuque 1975 AsPhalt 'PaVing Project No.1 on the fol- lowing named streets; at an estl- máted cost of $727,236.00, pre- ise\¡¡ted, ítndr.,read. " ,'., SECTION I Dodge Street from the east curb line of Bl~ff Street to a point 3~5 feet east of the east curb line of Grandvlew Avenue. SECTION II DOdge Street widening from the east.,curb line, of Grändview Ave- nue to a point 325 feet east of the east curb .line' of Grandview Ave- ',nüe. ' . 'SECTION IIÎ 1. Alley from the' west end of Cherry' Street to the north curb line ,of 'Pennsylvania Avenue. '-"2.'Althauser Street from the souih'êurb line of Edison Street to thè east curb line of Stafford Street. 3:"iA~burY Road from the east RESOLUTION NO. 115.75 propëriý Íine of Crissy Drive to B,I'JIT RESOLVED by the City, the, west property line of Carter '.C9uqcll ,of the City of Dubuque" Road. ,Iow¡t: , 4. E¡lison Street from the west - Se~tion I. That the attached 'il'ur!{ '1Ini1" of Althauser Street to ,&heets, no. 1 to 7, inclusive, are the èast curb line of Stafford 'I)ere!¡y, determined to be the sched- Street. Ì!le ,or- proposed assessments for 5.' East Fourteenth Street from the' City of Dubuque 1975 Asphalt the east curb line of White Street paving Project No.1, and the val- to the west curb' line of Elm ,'lations set out therein, are here- Street. bY approved. 6. Fengler Street from a point 'Adopted this 5th day of May,' 50 feet west. of the, Overpass to 1975. ,.point-50'feet east of the Over- C. Robert Justmann Pass. Mayor 7"Grandvlew Avenue from the Alvin E. Lundh north curb line of KaufmannA~e- Emil Stackis nue to the north curb line of Kane James E. Brady Street. Allan T. Thoms 8. Loras Blvd. and University , Councilmen ..Avem!e~!1tersection-Island :Mte~l: ,- 9:'MorilltÍC'armel Road from the .. Leo F. Frommelt north property IÌne of South City Clerk Grandview Avenue north 517 feet ,Councilman Thoms moved adop- to the endiôfthe existing concrete lion, of the resolution. Seconded pavement.. . bY Councilman Brady. Carried by , , 10.i;Paul Street from the north the, following vote property ,line of Clarke Drive to ¡"Y,eas -- Mayor Justmann, Coun-, the south property, line of Lowell 'ç)men Brady, Lundh, Stackis,t Street.! . , Thoms. ! " 11.:Pènnsyl"anlaAvenue from Nays--None. ' the west curb line of John F; Ken- 177 ¿"~-' 118 Regular Sessiøn, May 5, 19'75 nedy Road to the west property line of Key Knolls Subdivision. 12. Rockdale Road from the south property line of A. H. Oeth 'Subdlvlslon,No. 4 to the old City limits, a distance of 2,121.27 feet. 13. Ninth Street and University Avenue Intersection-widening at the southeast corner. Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the followlilgvote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. (Necessilyfor Improvement) RESOLUTION NO. 117.75 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file In the office of the City Clerk showing among other ,'things the following: 1. The assessment limits if wy. 2. The streets to be Improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation 'fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of conStrUction and Idnd of material to be ûsed. 6. In each case the amount thereof which is estimated to be aSsessed against each lot, for the 1975 ASPHALT PAVING PROJECT NO. I Sl!ëtlON I Dodge Street from the east curb line of Bluff Street to a point 325 feet east of the east curb line of Grandview Avenue. SECTION II Dodge Street widening from the "list curb lIue of Grartdview 'Ave- nue to a 'point 325 feêteàst of the east curb line of Grandview Avenue. SECTION 'III 1. Alley from the west end of Cherry Street to the north, curb line of Pennsylvania Avenue. 2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Asbury Road from the east property line of Crlssy Drive to the west property line of Càrter Road. 4. Edison Street from the west curh line of Althauser Street to the east curb line of Stafford Street. 5. East Fourteenth Street from the east curb line of White Street to the west curb line of Elm Street. 6. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet east of the Over- pass. 7. Grandview Avenue from the north curb line of Kaufmann Ave- nUe to the north curb line of Kane Street. 8. Loras Blvd. and University Avenue Intersection-Island. 9. Mount Carmel Road from the nOrth property line of South Grandview Avenue north 517 feet to the end of the existillg cOncrete pavement. 10. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 11. Pennsylvania Avenue from the west curb line of John F. Ken- nedy Road to the west property line of Key Knolls Subdivision. 12. Rockdale Road from the south property line of A. H. Oeth Subdivision No.4 to 'the old City limits, a distance of 2,121.27 feet. i3. Ninth Street and University Avenue intersection--'widening at the southelist earlIer. BE IT THEREFORE RESOLVED that the City CounCil on its own motion or upon petition of prop- erty OWhets, , 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 conslderàtlon ófthis proposed res- olution have on file with the City Clerk objectioilsto the amount of the propOsedässessments, they shall be deemed to have walved all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and speCifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- ciland are now on file with the City Clerk. That the costànd ex- pense of making said improvement Regul~ Sessio;n, May 5. 1975 will be,' assessed upon and against all privately owned property lying within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, . property will be assessed whether the same abuts thereon or Is adjacent thereto according to area and in proportion to, the speCial benefits conferred there- by, and any deficiency shall be paid out of the general fund, im- provement funds or sewer funds, or partly out of each of said funds. Street' Improvement Bonds shall be issued and sold in anticipation of ' ,deferred' payments of assess- ments when a contract has been performed and' accepted and the proeeeds thereof used to. pay the contractor, The railway portion of any street. or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intra- lIuced, approved and ordered i placed on file with the City Clerk this 5th day of May, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Coul1cltmen Attest: Leo F. Frommelt , City CierI< Councilman Thoms moved ap- Proval of the resolution. Seconded by Councilman Brady. CarrIed by the following vote: 'yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. "Nays--None. (Fixing date of hea'ring) RESOLUTION NO. 118.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 116-75 given Its pre- liminary approval on the proposed PI""", speCifications and form of clJntractànd placed same On file in the office of the City Clerk for pub- lic inspection, for the construction of the City of Dubuque 1975 As- phalt Paving Project No.1: SECT/ON I Dodge Street from the east curb Une of Blœff Street to a point 325 179 feet east of the east curb line of Grandvlew Avenue. SECTION II Dodge Street widening from the east curb line of Grandview Avenue to a point 325 feet east of the e..-t curb line of GrandV'lew Avenue. SI,i;CTION III 1. AlJ<>y from the west end of Cherry Street to the n01'tl1 curb line of Pennsylvania Avenue. 2. AUhauser Street f.om the south c1lrb line of Edison Street to the, east curb line of Stafford Street. 3. ' Ásb1lI'Y Road from tJ¡e east properly line of Crissy Drive to the west Properly line of Cart"!' Road. 4. Edison St..et from the west curb line of Althauser St..et to the east curb line of Stafford Street. . 5. East FourJeenth Street from the east curb line,ot White Street' to the ~st curb line of Elm Street. 6. Fengler Street from a point 50 feet west ot the Overpass to,a point 50 feet east of tJ¡e Overpass. 7. Grandview Avenue from the north curb line of Kaufmann Av- enue to the .north curb line of Kane Street. 8. ,Loras Blvd. and University Avenue Interseetion-Isl;md. 9. Moun,t Carmel Road from the north property Une of S01lth Grand. view Aven1le north'517 feet to the end of the existing concrete pave- ment. 10. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 11. Pennsylvania Aven1le from the west curb line of John F. Ken. nedy Road ,to the west property line of Key Kn"l)s Subdivision. 12. Rockdale Road from the SOUth property lhie of A. H. Oeth Subdivision No.4 to the old City limits, a distance of 2,121.27 feet. 13. Ninth Street and UniVersity Avenue intersection-widening at the southeast corner. and, WHERiEAS, the proposed Res,,- lution of Necessity for said' im- provement has been introduced and i. now on file in the City Clerk's office for pùblic Inspection, BE IT 11HE1ŒF'ORE RESOLVED th&t on the 27th day "f May, 1975. 1ìéigúlàr S'èSsiQIl, MilY f/i975 Yeas' ....;c Mayor Justmann, Coun- ciltuen, Brady, Stackls. ..councilman Thoms. it¡~ouncilman Lundh. Laube and Mr. Paul Gabriel. SlID, administrator of Bethany )Iome, addressed the Council In behalf of, Bethany Home prior to presentàtlon of the following reso- lution of Inténtlon to Issue bOnds for thè'Bethany Home Project. ;'~ESOLUTION NO. 119.75 , ,A RESOLUTION of intention to ¡: Issue: hot to exceed $1,750,000 ",'oggrente principal amount of 1rido,strJel Develop"",rit (Health 'Co", 'Facility) Revenue Bonds , (Èlell<áriy' Ho"", 'Project) of the City of Dubuque, lowa,'and .all. "ing ,,::publlc hearing' on the, pro. Pd.aPtólssue the bonds. 'W'IÌElÌEAS, the City of Dubuque, 1(, Iowa, (herMn'áfter referred to as \he"'CitY"),'ls àlÍthdrl,¡.d'by Ohap- Mr '419'0£ the CoCle oHOWa, 1973, às'amended ' (herelnafterrefétred to, as the "Acì"),tôissue revenue bbnds'fo'r'the plIDpoSe of dt\ftàylng the "!'st:of acquiring, constructing, Impro'Vlugand ,eq,uipping any land, buildings, or, improvement suitable for the usc of any 'VOluntary non- profit health care facility; and WHE)¡J;:AS,IJ,e,thany Home, (here- inafter'réfèTt'ed to as the "Hea1th Oare Facility"), a 'non.proilt cor. poratlon and an or~anization cjC' scribed in Section 5O1(c)(3) of the IJlterJlal Revenue C'o\ìe of 1954"M amended, 'théteinafter refétred' to å.tbe, "Co'dè"), an'd exempt f1'&Ul taxa¡tion under Section 5O1(a) of " tJ¡e Code, has requested the City to Issue, and sell its Industrial De- velopmelJ!t (ÍIealth Càre Faciltty) Revenue Bonds (Bethany 'jtO1ne Project) pursuant to the provisions of the 'Act, for the purpose of defraying the cost of acqUiring, constructing, improving and equip" piþg an, addition and related and ap,purtenal)tiQlprovements and fa. Qilities to existing health care fa- cilities;pf Bethany Hnme located in the City, and, in the, event title is conveyed to the <;:ity ,to lease or ~ell said, addition and, rela, ted and àJ:purtenant inmrovements and fa- Cilities to; the H,ealth' Care' Facility or loan the proceeds from the sale of .said bonds' to the ,Health Care Facility, which, addition, ' and re- lated' and appurtenant improve- 18'0 a pll'blic' hearing will be held at 7:30 o'elock P.M.,CDSTln the Coun. cil Chamber in the City of Dubuque at which, time ,the owners of prop- erty subj,.¡ct(to assessment for the proposed Jm,prOVeQlentmay appear and make' objection to the' pr()- posed plans and specifications and proposed form Qf contract and at thesâme time ft, ,the boundaries of the 'proposed, di,strict, to the cost of the improvement, to the amount proposed to he assessed ,against any lot and to, the passage o.f tJtepr()- posèd Resolution of Necessity aj\~ the City Clerk be and he is hereby dirécteq to'c"use a n<itice of the time 'àJid place of such heariJlg'to be pUblished in some newspaper published in the city of Dubuque, the Jll&tdt which shaIl he 'I)ot less ,than two (2) 'nor more!han(4) weelts !>\'Ior toihe day'fixedfOT its consideration ànd unless property owners at the time of final can. siderâtlon Of g'¡id resôlûtión 'have on' fÌle with the êlerk objections to the amomit of the proposed lIS- 'sessinent, 'they' sh,¡t¡ have been deemédto 'have waived all objec- tións thereto, at Which Maring the Council will hear suchóbjections andehter on recot~ its final de- cision thereon. 'PaSlied, adopted and approved this ¡>;thday of"May, 19'75. C. Robert Justmann Màyor Alvin E. Lundh Emil Slackis James E. Brady Allan T. Thoms Councilmen Attest: lieo F. Frommelt City Clerk , Coun~limàn' Thoms moved adop- tion of the'resolutlon. Seconded by Councilman Brady. Carried bY the fQllowihg vote: .. Yeas-. Mayor Justmann, Coun: cilmen Brady,Lundh, Stackls, Thoms. Nays-None. Councilman Brady moved and di- rected City, Manager and City En- gineer consider Signalization and alvetiersas one project in the Washington Neighlborhood and that one not proceed without the other, Seconded by CouncIlman Stackis Carried by ,the following vote: Regular Session, May 5, 1975 ments and facilHies s'hall consti. tute a "Project," as that ,term is defined in the Act (heveinafter re- fevred to as the "Project"); and WHJ!JIi&\S, the city has deter" mined that the amount necessary to defray the cost of acquiring, con- structing, improving and equipping the Project, including necessary ex. pens,es incidental thereto, will 're- quire the issuance by the Oity of not to exceed $1,750,000 aggregate principal amount of its Industrial Development (Health Care Facility) Revenue Bonds (hereinafter refer- red to as the "Bonds"), pursuant to the provisions of the Act; and WHElRJEAJS, the Bonds shall be limited obligations of the City, and the principal of and intevest on the I Bonds' shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, this City Council, in accordanee with the requirements of Section 9 of the Act, now deems it necessary and advisable to direct the publication ,QIf notice of inten- tion to issue the Bonds and to provide for a ,publi.c hesring at which all local residents who ap- pear at such hearing may have an oppoctunity to' express their vie,ws for or agains,t the proposal to, issue the Bonds: NOW, THEREiFORE, Be' 1t and It Is Hereby Resolved by the City Council of the, City of Dubuque, Iowa, as follows: I Sec,tlo'n, I. This Ci,ty Council does hereby declare its intention to issue Bonds in an aggregate princi- p'al amount n<>t to eJœeed $1,750,- 000.00 pursuant to the Act for the purpose of defraying ,the cost of ac- quiring, constructing, improving and equippmg the Project, and, in the event title is conveyed to. the City, to lease or sell this Project to the Health Care Facility or loan the proceeds from the, sale of the Bonds for payments by the Health Cave Facility sufficient to. pay the principal of and premium, if any, and interes,t on the Bonds. Section, 2. A public hearing on the, proposal to issue the Bonds shall be conducted on May 27, 1975, at 7:30 o'clock P,M., before thIs CIty Council in the Council i Chambers at the City Hall in the CitY,Oof Dubuque, Iowa, pursuant to the provisions of the Act. All local vesidents, who appear at said hearing shall be given an op- portunity to e¡¡¡press their views for or again<l1; the proposal to issue the Bonds; and: at said hear- ing, or any adjournment thereof, this City Council shall adopt a resolution de,termining whether or not to proceed with the issuance' of the Bonds. Section' 3. The City Clerk ofihe City is hereby directed to publish one time not less, than fifteen (15) clear days prior to the date fixed for said hearing in The Telegraph Herald, a legal newspaper pubJish- ed and having a general circulation within the City, a notice of inten- tion to issue the 'bonds in substan- tially the following form: NOTJ!CE .oF 1NTENTIONTO ISSUE BONDS Notice is hereby given that the City Council of the City of Du- buque, Iowa, did on May 5, 1975, ado,pt a resolution declaring its intelJltion of issuing not to exceed $1,750,000.00 aggregate' principal amount of Industrial Development (Health Care Facility) Revenue Bonds (Bethany, Home Project) of the City for the purpose of ac- quiring, constructing, improving and equipping an addition and re- laoted and appurtenant improve- ments and facilities to existing health care facilities of Bethany Home, and leasing or selling said addition and related and appur- tenant improvements and facilities to. said Health Care FaciJity or loaning the proceeds from the sale of said bonds to said Health Care Facility, pursuant to Chapter 419 of th'e Code of Iowa, 1973, as amended. A pubJic hearing on the proposal to issue the afore- mentioned bonds shall be conduct- ed before the City Council of the City in the Council Chambers at the City Hall, in the City of Du- buque, Iowa, at 7:30 o'clock P.M., on May, 27, 1975. The Bonds, if issued, and the interest thereon, and any prem- ium, will be payable' solely out of the revenues derived fvom the pro" ject to' be finaneed by the Bonds and shall never constitute an in- debtedness of the City within the meaning of any state coThS.ti!utional provision or statutory limitation, 181 182 Regular Session, May 5, 1975 183 Regular &ession, May 5, 1975 and shall not constitute nOr give Mayor Justmannmoved that the rise to a pecuniary liability of the communication be received and City or a charge again.t its gen- filed.' Seconded by CounciJman eral credit or taxing powers. Stackls. Carried by the following All local residents who appear at vote: said h~..ring will be gi.ven. an op- Yeas - Mayor Justmann, Coun- portumty to express thClr Views for cllmen. Brady Lundh Staclds or against the pmposal to issue Thoms. ' , , said Bo,nds, and at said hearing, .or Nays-None. any, adJournment thereof, the ClIy Council of said City will adopt a RESOLUTION' NO. 120.75 regolutlon'determinlng whether or Authorizing the execution of '8 not to proceed with the issuance of Certificate OfComple~ion for the, Bonds. ' Franchise Realty Interstate 'Cor- By order of the City Council. poretion. Leo ,F. Frommelt City Clerk of the WHIEJRffiJAS, ' unde; date of Au- City of Dubuque, Iowa gust 2.2, ~972, the C1ty of Dubuque Sadion 4. All resolutions and or- entered rota a O<,>ntract for the ders' or parts' thereof, in conflict Sale,of ~and for P,:vate Redevelop. herewith are, to,tb.e extent of such ment with Fra.nchiseRealty Inter- con,fllct, hereby r<lpealed, and this s,tate Corpor'ftlOn for. the real es- resolution shall 'be in ,full force tate hereI,næfter descrIbed; and and effect immediately upon its WHEREAS, under the .te1'ß1s' of adoption. ' said contract the subject real ,es- Passed and approved, May 5, tate was con"eyed by the City of 1975. , Dubuque under date of S\!pteml>er C. Rol>ert Justmann 13, 1972, to Franchise Realty Inter- Mayor state Corporation who constructed Ati:.~: F. Frommelt thereon certain Improvements; and City Clerk W'HEREAS, Section 3(}'7 of æid Mayor ,Justmann moved adop- contract provides that upon com- tion of the resolution. Seconded by pletion of the improvements the Councilman Thoms. Carried by the City of -Dubuque will furnish Fran- following vote: chise Realty Interstate Corporation Yeas -Mayor Justmann, Coun- a Ce.tlflc8Jte of Completion; and oIlmen Brady, Lundh, Stackis, WHlElRlEAS, It bas determined Thoms. ,that, the required Improvements Nays--None. have l>een satisfactorily completed' May 1, 1975 now therefore ' ~~:~:~e or~rr: ~~~ncil BE IT RiESOL Vl'JD BY THE my One of the provisions of the OOUiNOlL OF THiE CITY OF DU- Contract for the Sale of Urban Re- DUQUE, IOWA: newal Land requires that the City .Section I. That the Mayor and of Dubuque provide the developer City Clerk I>e and they are hereby with, a Oertlficate of Completion to authori..d and directed to execute evidence that the obligation of the a CertlJ'icate of Completion for purchaser to construct the Improve- Fran<;hise Realty. Interstate Cor- monts, described In the contract has para lion for the Improvements 10- been satisfactorily met. cated on Lot 2 of Block 4 and the The following redevelopers b.ave Northerly 43 feet of Lot 1 of Block complied with this contractual ob- 5 in Dubuque Downtown Plaza in ligation and ,the appropriate reso- ~he City of Dubuque, Iowa, Situated lutions are attached ro the Downtown Urban Renewal Franchise Realty I;'terstate Cor- Project, Iowa R-15. poration McDonald's Restaurant section 2. That the Clerk ,be and Canfield, Inc. he is hereby authorized and direct- Investment Planning, Inc. ed to file a copy of this resolution R ' & S Enterprises, Inc. and ,the execute<\, copy of the Oer- Renier Piano & Organ Co., Inc. tlficate of Completion in the office Fischer, Inc. of the County Recorder and in Gent' M. Wittenberg and for Dubuque County, IOWa. Passed, approved and adopted this 5th day ,of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Staclds. Carried by the followIng vote: ,Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. RE'SOLUTION NO. 121.75 Authorizing the execution of e Certificate of Completion, for Canfield Hotel, Inc. WHEREAS, under date of Febru. ary 16, 1973, the City of Dubuque entered into a Contract for the Sale of Land for Private Redevelop- ment with Canfield Hotel, Inc. for the real estate hereinafter describ- ed; and WHtEJRJEAS. under the terms of said contract the subject real es- tate was conveyed by the City of D"buque under date of F1ebruary 20,1973, to Canfield Hotel, inc. who constructed thereon certain improvements,; apd WH!EREAS, Section 307 of said contract provides that upon com- pletion of the Improvements the City of Dubuq"e will furnish Can- field Hotel, Inc. a Certificate of Completion; and WHEREAS, it has been deter. mined that the required improve- ments have ,been satisfactorily com- pleted; now therefore BE IT RESOLVED BY THE CITY OOUNOIL OF THE CITY OF DUBUQUE, IOWA: Section I. That ,the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute' a Certificate of Completion for Canfield Hotel, Inc. for the im- provements located on L<>t 1 of Block 7, Lot 4 of Block 6 and Southerly 6' 5 fee, t of Lot 1 of, Block 'I 6, all in Dubuque Downtown Plaza In the City of Dubuque, Iowa, sit- uated.in the Downtown Urban Re- newal Project" Iowa R-15. Section, 2. That the Clerk be and he is hereby authorized and direct- ed to file a copy of this resolution and the executed co,py of the Cer- tificate otf Completion in the office of the County Reoorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Tho,ms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of ,the resolution. Seconded by Councilman Staclds,. Carried by the foIlowing vo,te: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO,. 122-75 Authorizing the execution, of a Certificate of Com,pletlon for In. vestment Planning, Inc. WHEREAs, under date, of De. cember 6, 1973, ,the City of Du, buque entered into a Contract for the Sale of Land for Private Re. development with Investment Plan" ning, Inc. for the real estate here- inafter described; and WiHiEJREJAS, under .the terms of said contract the subject real es- tate was conveyed >by the City of D"buq"e under date otf January 4, 1974, to Investment Planning Inc. who constructed thereon cer- tain impr()vements; and WHEJREAS, Section 307 of said contract provides that upon COlo. pletion of the improvements the City of Dubuque wiIl furnish, In- vestment Planning Inc. a Certifi- cate of Completion; and WHEREAS, it has been determin- ed that the required improvements bave been satisfactorily completed; now therefore BE IT ßJESOLV'J;JD BY THE CITY OOUNOIL OŒ' TH!E my OF DU. BUQUE, IOWA: Section I. That the Mayor and City Clerk ,be and they are hereby authorized and directed to execute a Certificate of Completion for Investment Planning. Inc. for the ----- 184 Regular Session, May 5, 1975 improvements located ow mock 8 In Dwbuque Downtnwn Plaza in the City of Dubuque, Iowa, situated In the Downtown Urban Renewai Project, Iowa R-I5. Sec~lo,n, 2. That the, Clerk be and he Is hereby authorized and direct- ed to file a copy of this resoiution and the executed copy of the Cer- t>fica,te of Compietion in the office of the County Recorder In and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of May, 1975. C. RobeÞt 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 Couneilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-Nohe'. RESO,LUTION NO. 123.75 Authorizing th.. executlo" of a Certificate of Completion for R & 5 Enterp"ises, Inc. WH!ElR:EAS, under date of April 29, 1974, the CIty of Dubuque en- tered into a Contract for the Sale of Land for Private Redevelopment with R & S Enterprises, Inc. for (the' real ...tate hereinafter de- scribed: and WHEREAS, und'er the terms of said contra"t the subject real es- tate was conveyed by the City of Dwbuque under date of April 29, 1974 to R & S Enterprises, Inc. who con~tructed thereon certain improvements: an.. WHEJREJAS" Section 3M of said contract provides, .that upon com- pletionof the improvements the City of Dubuque will furnish R & S Enterprises, Inc. a Certificate of Completion: and WHEJREAS, it has been deter- mined that the required improve- ments have been s!atisfactorily com- pleted: now therefore BoB IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF DU- BUQUE, IOWA: S..ctlo'"' I. That tbe Mayor and City Clerk be and they are here- by authorized and directed to exe- cute a Certificate of COmpletion for R & S Enterprises, Inc. for the improvemen.ts, located au Lot 1 of Block 6,except the North 15 feet there.of and 'except the South 65 feet thereof: and Lot 3 of Block 6 In Dubuque Downtown Plaza in the c>ty of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. Sec:tlo'n, 2. That the Clerk be and he' is heÞ"by authorized and di- rected to file a copy of this resolu- tion and the executed copy of the Certificate of COmpletion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of May, 1975. C. Robert Ju.stmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Alian T. Thoms Councilmen Attest: Leo F. FrommeU City Clerk Mayor Justmann moved adop,tlon of the resolution. Seconded by Councl1man Stackls. Carried, by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays--None. RESO'LUTION NO'. 124.75 Authorizing' the, execution of a Ce,rtlficaloe of Completion for Renier Pian,o & Organ Compa,ny, Inc. WHEJREAS, under date of Au- gust 19, 19111, the City of Dubuque entered Into a Contract for the Sale of Land for Private Redevelop- ment with Renier Piano and Organ Company, Inc. for the real estate hereinafter de'scribed; and WlffiRJEAS, under the terms, of said contract the subject real es- tate was conveyed by ,the City of Dubuque under date of October 6, 19111, to Renier Plauo and Org'an Company, Iuc. who constructed thereon ceÞtain improvements: and WHEREAS, Section 307 of said contract provides! that upon com- pletion of the' improvements the City .of Dubuque will furnish Ren- Regular Session, May 5, 1975 185 ier Piano and Organ COmpany, Inc. a Certificate of Completion; and W'HEREJAS, it has been deter- mined that the required improve- ments have been satisfactorily com- pleted: uo,w thereú'ore BE ]'I' RESOLVED BY THE CITY COUNillL OF THE CITY OF DU- BUQUE, IOWA: Se.tlon I. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate' of Completion for Rei"er Piano and Organ Company, InC'. for ,the improvements loc'ated on Lot 2 of Block 5, in Dubuque Downtown Plaza in the City of Du- huque', Inwa,sdtuated in the Down- town Urban Renewal Project, Iowa R-15. Seotlon 2. That the Clerk be and he is hereby authorized' and direot- 'ed to file a copy of thl,s resolution and the executed copy of the Cer- tificateof Completion in the office I of the COunty Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of May, 1975. C. Robert Jus,tmann M'ayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen ed who constructed thereon certain improvements: and. W1fEREAS, Section 307 of said contract provides! that upon eom- p!etion of the Improvements the City of Dubuque will furnish Fischer & Co., Incorporated a Cer- tificate of COmpletion: and WHEREAS, it has d,etermined that the required improvements have been satisfactorily completed, now therefore BE IT RES(}LVED BY THE CITY COUNCIL OF T1fE CITY OF DU- BUQUE, IOWA: Section I. That the Mayor and Oity Clerk be and they are hereby authorized and directed to execute a Certificate of Completion fur FisCher & Co., Incorporated for the improvemeuts located on the south- erly 11.2 feet of City Lot 147, and Lnt 1 of City Lot 146 in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. Section 2. That the Clerk be and he is hereby authorized and, di- rected to file a copy of tbis resolu- tion and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed,approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls AIlan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justman" moved adoption of the resolution. Seconded by Councilman StackJs. Carried by the folIo wing vote: Yeas - Mayor Justmann, Coun- cilmen Brady,' Lundh, Stackis, Thoms. Nays--None. RESOLUTIO'N NO,. 125.75 Authorizing, the execution of a Certiflcaloe of Completion for Fischer & Co" Inco~porafed. WHEJREAS, under date of Octo- ber 8, 197(), the City of Dubuque entered into a Contract for the Sale of LaM for Private Redevelopment with Fischer & Co., Incorporated for the real estate hereinafter de- scribed: and WHEREAS, under the terms of said contract the subject real es- I tate was, oonveyed by the City of Dubuque under date of October 22, 1974, to Fischer & Co., Incorporat- Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption otf theresolThtion. Seconded, by Cou"cilman Stackis. Carried by the folIowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, litackis, Thoms; Nays-None. RESOLUTION N'O. 126.75 Authorizing publication of Notioe of Submission o,f the Community Developm,.nt Block Grant Appli. cation to the U.S. Department of Hou'singa,nd Urban Development. WiflEJREAS, und'er da,te of March 25, 1975, the CIty Council of the Oity otf ,Dubuque' auth.orized the filing of an application for a Com- - - --- --- 186 Regular Session, May 5, 1975 munity Deve!opment Block Grant; and WHEREAS, under date of April 10 an, appropriate appJica.t!on was submdtted to the U.s. Department ,of Housing and Urban Develop- ment; and WHEJRœJAS, the City of Du'buque WaS subsequently notified that said applieation had been accepted for proC\!sslng as of April 11; and WHEJRiEJAS, pursuant ,to the reg- u!ations governing .he Community Development Block Grant Program, the City of Dubuque Is, required to make reasonable efforts to inform the citizens of the community that the application has been so sub- n1Iúted and accepted for review, and that a copy of the appUcation is available for inspection by all 'interested parties; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF TI8iE CIIT'Y OF DU- BUQUE, IOWA: Section' I. That the City Clerk he and he is hereby authorized and directed to pubUsh õwlce in the Dubuque< Tèleg'ra,ph Herald, a newspa,per of general circulation in the community, a pubJic notice as attached hereto and made a part hereof; 'Passed, adopted and approved ,this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen ,A,ttest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution, Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. April 30, 1975 Honorable Mayor and Members of City Council Under date of April 22, 1975 the FHA Des Moines Insuring Office ,provided the City with a revised s'cheduleof fair market rentals for existing housing, and requested that, the City of Dubuque execute the Annual Contributions Contract ~o,r the 74 units, authorized the City of Dubuque in late 1974. On Tuesday, April 29, at a spe.. cial meeting of the Dubuque Low. Rent Housing Commission this pr<>- ject was thoroughly discussed and pertinent provisions of the An- nual Contributions' Contract were revieWlJd. A summary of ,these pro- visions is set forth in the min~tes of 'the April 29 meeting, The application for this Section 23 Housing Assistance Payments program was swbmitted in June 1974 and approved in the fal1 of the same )'ear. At that time it Was not possible, to proceed' with this program due to the inadequacy of the approved fair market rents for existing housing. The City then dt>cumented and filed with the FHA a' request for an upward re- vision in the rental schedule, The rentals as now approved are within several dollars of what was request- ed last fall. Even though inflation has somewhat inereased, rentals In excess of what was requested, we believe that the City should now proceed with the project. The Dubuque Low-Rent Housing Commission at their April 29, 1975 meeting has recommended that the City authorize the execution of the Annual contributions Contract and that ,the project be implemented, Donald L, Meyers, Chairman of the Dubuque Low-Rent Housing Com- mission, has Indicated ,that he will be present at the May 5 City Coun- cil meeting to respond to' any questions which you may have. Tbe ap,propriate resolution is at- tached for adoption. Also, enclosed is, a brief sum- mary of the responsibilities of the landlord and the CIty in undertak. Ing this project. , G1ont M. ,Wittenberg Mayor Justmann moved that the communication be received and fil- ed Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 127.75 Authorizing execution of an' An. nual Contribution. Contra~t and General Depository Agreement for Existing Housing Project No. Iowa, 87.2. Regular Session, 'May 5, 1975 W1IEREAS, pUrsuant to the Unit- ed States Housing Act of 1937, as amended from time to time, the City of Dwbuque proposes to'enter into an Annual Contributions Con- tract with the United States of America to undertake a Secion 23 Housing Assistance Payments Pro- gram; now. therefore BE IT RE!!Oi[,VIDIJ BY THE CITY OOUNCIL OF THE CITY OF DU- BUQUE, row A: Section' I. Tbát the Annual Con. triliùtions Contract identified as Contract No, KC9004 for Existing HoUsing Project No. Iòwa '87.2 is heré'by approved,and the Mayor of the CIty of 'Dubuque Is hereby au- thorized an\J directed' to execute the said contract on 'behalf of the City of Dubuque. : ~èt¡on '2, Thatthe City Treasur- er 'ötthe City of Dûbuqueis hereby autliorized and direeted to enter l)1t9 a General' DePOsitory Agree- ment with the Aimerican Trust and Savings Bank to serve as the I dePository for monies received by or held for account of the CIty (>f DUbuque in connection with Exist- ing Housing Project'No. Iowa 87-2. Section' 3. That the Director of the Department of' Commun1ty De- velopment is hereby authorized and dite"ted ,to submit in the required number of eopies both the executed Annual Contributions Contract No. KC 9004 and the executed General Depos'¡¡orYAgreelIlent to the De- partment of Housing and Urban I Development together with such other documents evidenelng the approval and autho,rizlng the exe- cUtion of such contract and agree. ment as may be required. Passed, adiopted and approved this 5th d'ay of May, 1975. C. Robert Justmann 'Mayor Alvin E. Lundh Emil Staclds Jame,s E. Brady Allan T. Thoms Councilmen Attest: Leo F. Fromme1t City Clerk Mayor Justmann moved adoption of the resoIutlon, Seconded by C'ouncilman Thoms. C'arried by the following vote: Yeas - MayorJustmann,Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None, RESO'LUTION NO. 128-75 WHil!JR:EJAS, the CjtyofDubuque has secured a Relocation Easement and Agreement from IIlin01s Cen- tral GuM Railroad Company' in connectiOIl with the instàllationöf the South' Dwbuque Interceptor Sanitary sewer; aDd ' WIiEJREAs, said Relòcatiòn East- ment and Agreement "¡¡ould'be ap. proved and delivery thereof be ae. cepted; NOW, THEREJFOIlE, BE IT HiE- SOLVEID BY THE CITY COUNCIL OF THE CITY OF DllBUQUE, JÓ'WAi ' , , Section' I. That ,the Easeméfit Aigreement by and betweenIlÍillòis Central Gulf Railroad Company and the City of Dubùque" 'Iowa, dated February 7, 1974, be and the Same is hereby approved. Section 2. That an alignment change on ,the proposed sanitary Sewer' alters the' railroad erosslng station, as, pasSed, approved' and àdopted on Resolution' No. 61-74, dated 18th day of February, 1974, from mile post 186 p1us 2,984 feet to mile post 186 plus 3,169 feet, near DUbuque, Iowa. Section 3, That the Mayor and City Clerk be and they are hereby 'authorized and directed to execUlte said Reloeation Easement and Agreel11ent ~or and' òn behalf of the City' of Dubuque, :Iowa, and that delivery' o'fthe Grant of Easement is herewith accepted. Section 4. That the City Clerk be and he is hereby authorized and directed to cause said, Grant of Easement to berecordcd in the of. fice of Dubuque' County Recorder. Passed, approved and adopted this 5th dlay of May, 1975, ,C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Anan T. Thoms 'Councilmen Attest: Leo F. Frommelt City Clerk Couneilman Thoms moved adop- tion of the resoIution. Seconded by 187 188 Regular Session, May '5, 1975 Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Proof of Publication, certified to hy the Publisher, of Notice of "Lo- cation and De'slgn" approval School Signal Improvement Project Iowa State Highway Commission has made a application to the Federal Highway Administration for school crossing signals at Fulton, Holy Ghost, St. Mary's, Marshall, Holy Trinity, Loras, between Booth & Glen Oak, Jackson & Bryant, pre- sented and read. Councilman Thoms moved that the proof of publication be received and flied. Seconded by Mayor Justmann. Carried hy the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays--None. Proof of Publication, certified to by the Publisher, of approval by the Federal Highway Administra- tor for "Located and Design Study" for school crossing signals, present- ed and read. Councilman Thoms moved that the proof of publica- tion be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays~None. April 28, 1975 Honorable Mayor and City Council We are pleased to submit the en- closed document. on the School Signal Improvement Pxoject. The ,enclosed budget summary details the specific projects Included. 'Prior to the Public Hearing on ,the program, the Engineering De- partment will attempt to schedule a tour of tbe projects for the Council. On May 5, 1975, we would respectfully request your Honor- able Body to establish the date of Public Hearing, and authorize the Ci,ty Clerk to publish notice for the receipt of proposals on June 5, 1975. Gilbert D. Chavenelle City Manager Councilman Thoms moved' !'hat the communication be received and flied. Seconded by Mayor Just- mann. Carried by the following vote: ¥eas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. NaY"-None. RESOLUTION NO. 129.75 Preliminary Estimate and ap' proval,of piano, specifications, form of contract, ,plats, and all other documents for ,the conotruction of the School Signal Improvement Project Contract No.1 and 2 at the fallowing locations: John F. Kennedy 'at Els,enho,wer School; Pennsylvania Avenue at Irving School; Loras Boulevard between Glen Oak and Booth; We'st Locust Street at Jackson ,Street; Bryant Stree,t at Bryant School; Central Av,enue at Fulton School; Central Avenue at Holy Ghost Sehool; White Street at St. Mary's School; Central Avenue at 15th Street; Rhomberg Avenue at Marshall School; Rhomberg Avenue at Holy Trluity School; in an estimated amount of $96,792.23, presented and read. Councilman Tho- mov- ed adoption of the resolution. Sec- ondie,d by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. (Necessity for Im,p,",vement) RESOLUTION NO. 130-75 WHiEJRlEJAS, proposed plans, sp,eci. cations, form of contract have been duly prepared and approved by the City Council of the City of Du- buque ,and are now on file In the 'Office of the City Clerk showing 'among other thingB the following: 1. An estimate of the cost of the proposed improvement for the School Signal Improvement Pro- ject. John F. Kennedy Road at Eisen- hower School; P,ennsylvania Av- enue at Irving School; Loras Boule- vard between Glen Oak and Booth; West Locust Street at Jackson School; Bryant Street at Bryant School; Central Av,enue at Fulton School; Central Avenue at Holy Ghost School; White Street at St. Mary's School; Central Avenue at 15th Street; Rhomberg Avenue at Mars'hall School; Rhomberg Avenue at Holy Trinity School. Regular Session,May 5, 1975 BE IT THERE1FORE RESOLVED that the City Council on tts own motion or upon petition of prop- erty owpers, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless prooperty owners at the time of the final con- si<leration of this proposed reso- lution have' on file with the City Clerk objectiops to the proposed improvement, they shall be deemed to have waived all objections here- to. Said improvement shall be con- structedand done in accordance with the plans and specifications which have been p'repared there- I 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 maldng said improve- ment will be paid from the Road USe Tax Funds. The above resolution was intro- duced, appr,oved, and' ordered placed on file with the City Clerk this 5th day of May, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady AlIan T. Thoms Councilmen 189 Attes,t: Leo F. Frommelt City Clerk COuncilman Thoms moved adop- tion of ,the resolution. Seconded by Mayor Justmann. Carried by the following vote: , Yeas - Mayor .Tustmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. NayS-None. (Fb,ing ['ate of Hea'rlng) RESOLUTION NO. 131-75 WlIEJRI!:AS, the City Council Of 1þe City of DUbuque, Iowa has giv- ,e),1 i,ts ,preliminary approval on the Proposed pIano, specifications, and fo,rm of contract and placed same I On file in the office of the City Clerk tor puhUc inspection for the School Signal Improvement Pro- ject. J"hn .F. Kennedy lIoad at Eisen- !)ojVerSchool; Pennsylvania Av- enue at Irving School; Loras' Boule- vard! hetweenGlen Oak and Booth; West Locust Street at Jackson School; Bryant Street at Bryant School; Central Avenue at Fulton School; Central Avenue ,at Holy GhoSt School; White Street at St. Mary's School; Central Avenue at 15th Street; !¡]¡omberg Avenue ,1t Marshall School; Rhomberg Av- enue at Holy Trinity ,School. BE IT THEREFORE RESOLVE) that On th" 27th day of May, 1975, a public he'aring will be !)eld at 7:30 p.m. in the Council Chamber of the City of Du'buque at which time theol>jectors for the pro- posed improvement may appear and make ohjec4;!on to the pro. posed plans and specifications and proposed form of contract, to the cost of the improvement and the City C¡"rk be and he is hereby direCJted 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 conolderatlon, and said Clerk is further inotructed to advertise for proposals for the construction of the aforementioned improve- ment. ¡Passed, adQpted and, approved this 5th day of May, 1975. C. Ro'bert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Councilm"n Attest: Leo F.FrommeIt City Clerk Councilman Thoms moved! adop- tion of ,the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas -. Mayor Justmann, Coun. cilmen Brady, r.undh, Stackis, Thoms. Nays-Nane. RESOLUTION NO. 132'75 Authorizing the Exe<:utio,n of a Communoity Development Block Grant Agreement for the, City of Dubuque. WHElæAS, the City of Dubuque submitted under date of April 11, 1975, an application to the U.S. De" p'artment of Housing and Urban Development for a Community De- ,- >"..~". """..,",.., , .., , 100 Regular Session, May 5, 1975 and filed. Seconded by MayOr Just- mann. Carried by the following vote: , Yeas - Mayor Justmann, Court. cilmen Brady, Lundh, Stackis, ThOms. Nays-Nolle. RESOJ.UTION NO. 133.75 WHEREAS, the City of Dubuque, Iowa, . has been negotiating with Mr. Gus I. Papke of 1658 Manson Road, Dubuque, Iowa, in connec- tion with the city's efforts to, se- cure a perpetual easement for the proposed South Dubuque Intercep- tor Sanitary Sewer;' and ' WHEREAS, it is essential for the public purpose that said easement be acquIred for the location, in- stallation, of said sewer; and WHEREAS, the Engilleering De- partment of the City of Dubuque, Iowa, has represented to this City Council that such efforts to ac- quire such perpetual easement has been unproductive; and WHEREAS, the securing of said perpetuai easement by way of Eminent Domain proceedings is Indicàted in this instance; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That it is essential for the public purpose for the City of Dubuque, Iowa, to acquire a per- petual easement in certain. teal estate owned by Mr. Gus I. Papke, and for the location and installa. tion of the proposed, South Du- May 2, 1975 I ~iul':.C~~l~~ce:rto~h~~~lti~ryo:t~:~d on the attached map marked Ex- hibit "A"and by reference made a part hereof, and that efforts, to secure said perpetual easements by negotiations have failed. Section 2. That the City Attar. ney is hereby directed and ordered to institUte at the earliest possi- ble time, the' appropriate Eminent Domain proceedings for' and on behalf of the City of Dubuque, Iowa, in order to secure said per- petual easemellts for the instal- lation, location and maintenance of the South Dubuque' Intercept,," Sanitary Sewer in the property of Mr. Gus 1. Papke, as shown on Ex- hiblt "A" or as the location may be subsequently mOdified. iv!èlopment Block Gil'ant in the atnoullt or$241,OOO; and W!HEIIEJAS, ,the U.S. Department of Housing and urban f)evelopment under date of May 1, 1975, ap- praved said appUcation and ex- tènðeð to the City of Dubuque à Grant Agreement to carry out the activities as set 'forth In tlie ap- plication; now therefore , BE IT RESOLVED BY THE CIlTY comon. OF, T1IE CITY OF DU- Bt;(QÛE, iOWA; $ec~l..n I. That the Mayor of the City of Dubuque be and he is here. by,. authorized and directed to ex- ecute a Community Development Block Grant Agreement identified as Grant No. B.75-MC-1900004 for submiss,lon to the U.S. Department of Housing and Urban Develop- ment. Passed, adopted and approved this 5th day of May, 1975. C. RoberiJustmàun Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan '1'. Thoms Councilmen Attest: Leo F. Frómm"ìt City Clerk Mayor Justtnann moved adoption of the rosohltion. Seconded by Councilman Stackis. Carried by the followÎJlg vote: Yells - Mayor Justmann, Coun- cilmen Brady, Lunc!h, Staclds, Thoms. Nays-None. Honorable Mayor aM City CounCIl We have been negotiating with Mr. Gus I. Papke for the granting of a perpetual easement on the proposed South Dubuque Intercep- tor Sanitary Sewer, which Is a part of HUD Grant WS-IOWA-99. We have been unable to secure the re- quired easementà. We would respectfully request that your Honorable Body direct the City Attorney to proceed with the necessary legal action to se- cure said easements. Gilbert D¡ Chavenelle City Manager Councilmall Thoms moved that the communication be received Regular Sessiol), May 5, 1975 1.9.1 menj be acquired for the location, installation of sai<l sewer; and . WIIEREAI¡, the Engineering l)e- partment of the City of Dubuque, Iowa, has represented to this City Council that such efforts to ,aC- quire such Perpetual easement has been unprol!uctive; and WHEREAS". the securing of said perpetual easement by Way of Emi- nent Domain proceedings is indi- cated in this instance; NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section, I. That it is essential for the public purpose for the City of Dl,lb/lque, Iowa, to acquire a perpetual easement in certain r,eal estate owned by Mr. ,and 1\'rs. John M. Sutton,and for the loca- tion and installation of th,e pro. posed South Dubuque Interceptor Sanitary Sewer, the location of which is outlined on the attached map marked Exhibit "A" and by reference made a part hereof, and that efforts to secure said perpet- ual easements by negotiations haye failed. $ection 2. That the City Attor- ney is hereby directe<l and ordered to institute at the earliest possible time, the appropriate Eminent Do- main pro,cee<lings for and on be. half of the City of l)ub"que, Iowa, in ord,er to secure said Perpetual e.aSements for the installation, 10- cati,on and ,mainte,nance of the South DubuqUe Interceptor Sani. tary Sewer in the property of Mr. and Mrs. John M. SuttOI), as s)¡own on Exhiblt"'A" or as the location may be subsequently modified. Passed, approved an<l a40~ted this 5th <lay of May, ,1975. , C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk ' Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the fallowing vote: , Yeas ~ lII:ayor Justmann, Q¡un- ~); Brady, :¡'Ul)c¡Ih, Slackis, Thoms. NaYS~None. Passed, approved and adopted this 5th daY of May, 1975. . C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen Attest: têo .F. Frommelt . City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded bYl\l:ayor JUStmann. Carried by the fi>1loWi¡¡g vote: , Yeàs -- MaYor Justmann, Couu- '!Ilme,n ' Brady, Lunc!h, StacI,is, Thorn¡;. Nays":,,Non,e. ltonorable Mayor anI! City Co)l,noil We have been negotiating with Mr.' and Mrs. John M. Sutton for the grantlllg of ,a perpetual ease- ment on the proposed South Du- buque Interceptor Sanitary Sewer, which is a part of HUD Grant WS- IOWA-99. We have been unable to secure the req\lired easements. We woull! respecllully request that your Honorable Body direct the City Attorney to proceed with the necessary legal action to se. cure said easements. 'We enclose correspondence and a report on the verbal meeting which have transpired between the City Staff and Mr. and Mrs. John Sutton. April 11, 1975 Gilbert D. Chavenelle City MslIager Councilman Thoms moved that the communication be received alId, fl)ed. Seconded by Mayor Just- mann. C¡¡rried by the fallowing vo,te: 'lOess .- Mayor Justmann, Coun- cIlmen ,Brady, Lundh, Stackis, Thoms. 'N~ys-None. RESOLUTION NO. 134-75 WJIEREAS, the City' of Dubuque, Iowa; has been 'negotiating with Mr. and' Mrs. John M. Sutton of 1800 Manson Road, D.ubuque,Io'Va, in, conneotionwith the city's ef- fõrtsto secure a perpetual ease- ment, for the proposed South Du, buque Interceptor Sauitary Sewer; and ':WJIID!EAS,it Is' essential tor the pub!iç pllrp,osetJ¡at said eaSe- - - -- 192 Regular Session, May 5, 1975 Petition of Hillcrest Builders re- questing vaeatlon of an existing storm sewer easement In Lot C Block 12 In Key Knolls Subdivi- sion, presented and read. Council- man ThOms moved that the peti- tion be received and flied. Second- ed by Councilman Stackls. Carried by the following vote: Y€as - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays-None. May 1, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lots 1 through 16 of Block 12A In "Key Knolls Subdivision" In the City of Dubuque, Iowa. The Commission has determined that the final plat Is in conform. ance with the approved prelimi- nary plat of this area, and Is in compliance with all mini- mum standards of the Zoning and Subdivision Ordinallces. It is the recommendation of the Planning and Zoning Commission that you approve the plat. CITY PLANNING AND COMMISSION Daniel Dittemore Development Planner Councllmau Thoms moved that thé communication be received and flied. SecoUded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- ci1rnen Brady, Lundh, Stackis, Thoms. Nay\s~None. RESOLUTION NO. 135.75 RESOLUTION Approving Plat of Lots 1 through 16, each In Block 12-A in "Key Knolls Subdivision" in the City of Dubuque, Iowa. WHEREAS there has been flied with the City Clerk a plat In which Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 Northwest One-Quarter of Southeast One-Quarter, Section 21, Township 89' North, Range 2 East of 5th Priliclpal Meridian, DUbuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa; and Lot B, Block 12; In "Key Knolls Subdivision," in the City of Dubuque, Iowa and Lot C, Block 12 in "Key Knolls Subdivision" in the City of Du- buque, Iowa, is platted as Lots 1 throUgh 16, Each in Block 12-A in "Key Knolls Subdivision" in the City of Dubuque, IoWa and, WHEREAS, said plat has been examined by the City Plan Com- mission ànd had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. The above described plat be and the same Is hereby ap- proved and the Mayor and Clerk be and they are hereby authorized and directed to endorse tbe ap- proval of the City upon said plat. Passed, adopted and approved this 5th day of May, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 136.75 WHEREAS, the property owner of Lot C, Block 12 in "Key Knolls Subdivision" in the City ofDu' buque, Iowa, has flied with the City Clerk of the City of Dubuque, Iowa, a petition requesting the va- cation of the platted ten foot (10') wide easement In said Lot C and WHEREAS, the property owner has submitted a plat for the pur- pose of extinguishing the ten foot (10') wide storm sewer ease- ment ,shown thereon; and WHEREAS, Sections 409.18 and 409:19 of the 1971 Code of Iowå provide for the vacation of plats in this manner; NOW THEREFORE BE IT RÈ- SOLVED by the City Council of the City of Dubuque, Iowå, that Regular Session, May 5, 197" 193 sãid' petition and Plat for the va- cation of the platted ten foot (10') wide easement in Lot C, BlOck 12 in "Key Knolls Subdivision" in the City of Dubuque, IojVa, be' and tFìesame are hereby approved, and the Mayor and Clerk are hereby, suthorized and directed to endorse the approval of the City of Du- bUque upon said plat for the va- clItIon of the aforementioned ease- ment. Passed, adopted and approved by the recorded roll call vote this 5th May, 1975. C. Robert Justmann Mayor James E. Brady Allan T. Thoms Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F.Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by COuncilmàn Stackls. Carried by the following vote: Yeas - Mayor Justmann, Coun- ci1men Bràdy, Lundh, Stackis, Thoms; Nays-None. '. May 2, 1975 HOIlOrable Mayor and City Council the Airport Commission is re- questing that you adopt a resolu- tion stipulating that the City of Dubuque will provide funds for the local share of a grant for fire equipment at the Airport. Thè Airport Commission dis- cussed this subject with the Coun. cil on. August 1, 1974. The total cost of the fire equipment at that time was $87,500. The local share, predicated on this amount, would have been $16,030. Since then the Airport Commission has requested bids on the two pieces of equip- ment and the cost is $123,823. The lôcal shàre, Msed on all 18% par- ticlpàtion, would increase to $22,2aB, Or an increase of $6,258. Attached are' papers giving a more detailed explanation of the budget relative to' the equipment purchase and a letter from the Department of Transportation in- dicating funds will be available for this equipment. At the time we ,.om be making application for a grant we will also be requesting reimbursement for the acquisition of the Ambrosy easement. The total cost of this easement was $42,000 and the City can antici- pate a refund of $31,500 from the Federal government. Your authorization of the resO- lution stipulating that the City of DUbuque will provide local funds for the fire equipment is re- quested. A budget amendment re- flecting this expenditure will be submitted to yoU iu the near fu- ture. Francis A. Murray Assistant City Manager CounêilmauThOnis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Y€as - Màyor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays'-None. RESOLUTION NO. 137.75 Resolution Authorizing the City of Dubuque, Iowa to Finance Their Share of Airport Improve. ments from the City's General Fund. WHEREAS, the Secretary of Transportation is authorized to make grants for Airport develop- ment aid under the Airport and Airway Development Act of 1970; and WHEREAS, the Airport and Air- way Development Act of 1970 stipulates that each agency re- ceiving funds under this Act must state at the time of application for funding that funds are available to finance the local share; and WHEREAS, it is desirous that the Dubuque Airport Commission déénis it necessary in the interest of aviation safety to acquire crasby fire rescue equipment; and WHEREAS, it is desirous on the part of the Dubuque Airport Com- mission to make a grant applica- tion for land reimbursement and for the' acquisition of crash/fire rescue equipment. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of DUbuque, Iowa: Section 1. That the Chairman of the Dubuque Airport Commis- sion be authorized to file an' ape plication on bebalf of the City of Dubuque with the U. S. De- partment of Transportation-Fed' ,- W4, Regular SeSSiol)., May 5, lQ7~ eral Aviation Agency for reim- bursement of land previously ac- quired and assistànce In the pur- chase 01 crash-fire rescue equip- ment., Section 2: That the flnânclng of the local share of the total cost of the capital Improvements Grant, P~oject No. 8---018--,-0028--,-0175 by the City of Duhuqúe be and the same is hereby àpproved, author- Ized and directed. Passed, approved and adopted this 5th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Staclds moved adop- tion of the resolution. Seconded by CounCllmaU Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, StaCkis, Thoms. Nays-None. RESOLUTION NO. 138.75 ~E50LUTION authorizing the ,eJ!ecution and delivery 01 cer. tain documents in connection with' the Issuance and sale 01 $4,250,000 Hospital Facility FIrst Mortgage Revenue Bonds (The Finley Hospitel Project), Series A, 01 the City 01 D~buque, Iowa. WHEREAS the City of Dubuque, in the County of Dubuque, State of Iowa (the "City"), proposes to issue Hospital Facility First Mort- gage Revenue Bonds (The Finley Hospital Project), Series A of said City In the principal amount of $4,250,000 (the "Bonds") for the purpose' of lending the proceeds thereof to The Finley Hospital (the "Corporation") to defray the cost, to that amount, of the ac- quisition of certain equipment and Improvements by the Corporation suitable for use in Its voluntary non-profit. ho,spltal, .' including the repayment of CO1¡struètion loans obtained by the Corporatlo1). until permanent financln¡: could be ar. ranged, on a site within jheCity, all In accordance with the provi. slons of chapter 419 of the c.ode of Iowa, 191~, as amended; a1).d . WHEREAS pu~auaJ¡t to Pill¡. lisbed notice of intention this city Council", has heretofore conducted a .IJUblic hearing, as required by Section 419.9 ,of the Act, and this City Council h~s deemed it n"c~ essary and adýisable to proceed with the Project, and has hereto. fore duly authorized t\le ISslanC,e a!1d sale of, the.Bonds pursuant to an 11).denture of T~ust, dated as of January 1, 1915, between the city alld the First National Bank of Du. buque, Dubuque" Iowa" ,as rrustee (the "Indenture"), and the loan of the proceeds, of , the 130Ms to the Corporation pursuant to a Loan Agreement, dated as of January I, 1975, between: tlie city and The Finley Hospital (the "Loan Agree. ment"); NOW, Tj1J;;Ì\El'O1:tE, BE IT RE- SOLVED by the City Council of the City of Dubuque,)owa, ,aa fol- lows: " ..' Se,c,ion I. That in order to ,ef- fectuate the issuallce and sale of tl,1e ;Bonds and the execUtioll and delivery of the Loan ,Agr,eement and the indenture and to carry out the Intent and purposes of the City Council In authorizing such actions by the City, the Mayor and the City Clerk are hereby author- Ized- aud ordered to execute and deliver the following documents, in substantially the fc>rms at. tached hereto as EJ!hiblts A.C: ' (a) Certificate of Mayor' and Clerk regarding organization of City, resolutions, execution of Bonds; nc>n.litigation, signature Identification, 'receipt of Bolld proceeds' and related" matters, at- tached hereto as bhlblt A; (b) Request and authorization to Trustee to authenticate and deli". er the Bonds, attached hereto as EJ!hibit B; ,and (c) Certificate designating City Representative and alternate, at- tached hereto as EJ!hibit C.' Section 2. That this Resc>lutlon sb,all become effective Immediate- ly upon its passage a1).d approval. Passed and approved MaY 5, In5. C. Robert Justmann Mayor Attest: Leo F. Frommelt , gty Clerk , Councilman, Xb.ams moved, ~dop' tion of the resolution. Secollded Re~làrSessio'ri,' :May5, 1975 195 by Mayor. Justmann. Carried by WHË¡tEAS, the' prèíllisés to be the followmg vote: Occupied bY Such applièants were Yeas - Mayor Justmann, Coun- inSpeèted and found to comply cllmen Brady, Lundh, Stackls, with the State Law and all City Thoms. Ordinances relevant thereto' and Nays~None. theyhâve filed proper bonds, Application of William J. Baum NOW THERmFOREBJ:i: IT RJ:i:- requesting transfer of beer license SOLVED by the City Council of from 3165 Central Ave. to 2995 Dubuque, Iowa, that'the' Manager Central Ave., presented and read. be authorized to 'cause to be is- Mayor Justmann moved that the sued to the 'folloWing named ap. request for transfer be granted. plicants a Liquor License. Seconded by Council~an Staclds. CLASS "C" (COMMERCIAL) Carried by the folloWIng vote: IiÉER AND LIQUOR LíCÉNSS Yeas - Mayor Justmann, Coun- . cilmen Brady Lundh Staclds FranklIn .Presley, Broken Spur, Thoms.' , '~42 MaIn Street (also, sunday Nays-None. Sales) Marco's Inc., 2022 Central Avenue RESOLUTION NO. 139.75 Passed adopted ,and approved WHEREAS, applications for Liq. this 5th day of MaÝ 1975.' " uor Licenses have been submitted C. Robert Justmann to this Council for approval and Mayo~ the same have been examined, Alvin E. Lundh NOW THEREFORE BE IT RE- Emil Stackis SOLVED by the City Council of Allan T. Thoms the City of Dubuque, Iowa, that Councilmen' the following applications be ap- Attest: proved and licenses issued upon Leo li\ Frommelt the compliance with the provisions City Clerk of Chapter 1.31, Acts of the First Mayor Justmann moved adop- Regular SesslOn, 64th General As- tion of, the resolution. Seconded by sembly. Councilman Lundh. Carried by the CLASS "C" (COMMERCIAL) following vote: BEER AND LIQUOR LICENSE Yeas - Mayor Justmann, Coun- Franklin Presley, Broken Spur, cilmen Lundh~ Thoms. (also Sunday Sales), 342 Main. Nays-CouncllmenBradyc Stack- Street IS on Presley. . Marco's Inc., 2022 Central Avenue. At 10:20 P.M..Councllma'!- Stack- Passed, adopted and approved I~ moved .to go Into Executive Ses- this 5th day of May 1975. ~Ion to dlscu~s L~gal Proceedings C. Robert Justmann m the Tschlggfrle matter. Sec- Mayor onded by Mayor Justmann. Carried Alvin E. Lundh by the following vote: Emil Staclds Yeas - Mayor Justmann, Coun. Allan T. Thoms cilmen Brady, Lundh, Stackls, Councilmen Thoms. Attest: Nays-;-None.. Leo F. Frommelt C?uncll reconvened m regular City Clerk seSSlOn at 10:56 P.M. . Council directed the City Attor- Mayor Justma~n moved adoptlOn! ney to take such action to take of th~ resolution. Sec?nded by Court Review in the matter of Counc!lman L~ndh. Carned by the Julien Dubuque Drive and meet followmg vote. with the neighbors. Yeas - Mayor Justmann, Coun- cilmen Lundh, Thoms. ¥ayor Justmann mo,:ed t.he ap- Nays--Councilmen Brady, Stack- pomtment of Mary. Trieweller _to is on Presley. ~J::'n. C"J';;~~Xe/db;orbou~~ñ:::: RESOLUTION NO. 140-75 Stackis. Carried by the following WHEREAS, applications for Liq- vote: uor Licenses were filed by the Yeas - Mayor Justmann, Coun- within named applicants and they cilmen Brady, Lundh, Stackis, have received the approval of this Thoms. Council, and Nays--None. .-'~~'""""".~C~'MW-". .."'. - "" -~96 R~gular S~ssion, May 5, 1975 There being no further business, .Co,uncilma¡¡ Lundh moved to ad- jourp.. Seconded by Council,man Stackis. Carried )Jy tb,e following vote: Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. ......................................................".... ......".................................................... ............................................................ .....................,...................................... """"ë~u~cii;;;:;~""""""""""""""'" Attest: ................................."............... City Clerk Special Session, May 12, 1975 CITY COUNCil OFFICIAL Special Session, May 1'2, 1975. Council met et 7:30 P.M. (C.D.T;) Present-Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. City Manager Giibert 0; Chavenelle. Mayor Justmann read the call and stated that service thereof had heen duly made and this meet- ing is called for the purpose of acting upon such business as may properly come before the meeting. Communication of Planning & Zoning Commission submitting minutes of their meeting of April 30, 1975, presented and read., Coun. cilman Thoms moved that the min- utes be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Notice of the Corps of Engi. neers submitting an announcement of initial public meetings on study of upper Mississippi River small craft locks in' Dubuque on June 5, 1975, at 7:00 P.M., presented and read. Councilman Thoms moved that the Notice be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, StackJs, Thoms. Nays-None. Communication of Department of Transportation, Railroad Trans- portation, Railroad Transportation Division, submitting rules on Rail- road Division procedures; Railroad Highway Grade Crossing Signal Protection; Railroad clearances; Abandonment or reductions of sta- tion and, service, presented and read. Councilman Thoms moved that the communication be re- ceived and flied. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmenBrady, Lundh, Stackls, Thoms. Nays-None. Communication of Chuck Kamm submitting a list of personal ob- servations reiative to conducting 197 of Council meetings and actions taken therein, presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh; Staclds; Thoms, Nays-None. Communication of Dubuque Lumber Co; submitting a proposal relative to the acquisition of Lot JA in McCraney's Eagle Point Addn., not dedicated to floodwall right-of-way which wonld permit needed expansion of their business, presented and read. Councilman Brady moved to suspend the rules to, let anyone present address the Council if they so desire. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis; Thoms. Nays--None. Thomas A. Tully addressed' the Council relative to the communi- cation. Councilman Thoms moved that the communication be direct- ed to the City Solicitor and pro- posal be accepted. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen BradY, Stackis, Thoms. Nays-None. Abstain-Councilman Lundh. Communication of Board of Dock Commissioners submitting minutes of their meeting of April 23, 1975, presented and read. Coun- cilman Thoms moved that the min- utes be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Iowa Depart- ment of Environmental Quality submitting a survey report of the City Water Supply, recommending corrective action and being pleased with local efforts being made to assure safe water, presented and read. Councilman Thoms moved that the communication, be re- ceived and filed. Seconded by Councilman Brady. Carried by the following vote: -~ 198 Special Sessi6n, May 12, '1975 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of attorneys for H.' J; Lott et ux requesting the City to cease and desist dumping of sewage on their property; re- questing the City to,' remove all such sewage; also to compensate them for aforesaid .dumping, pre- sented and read. Councilman Thoms moved that the communica. tlon be received and filed and re- ferred to the City Solicitor and City Engineer for consideration and report. Seconded by Council- man Lundh. Carried by the, fo¡' lowing vote: Yeas ~ Mayor Justmann, Coun- cilmen ' Brady, Lundh, Staclds, Thoms. Nays-None. )fay 8,' 1975 Honorable Mayor and Members of the City Council I have approved the following sidewalk construction bonds and desire to have your approval of same. James Morton, Bond No. 9706 Aid insurance Co. dated April 15, 1975 ' Kenneth Schromen, Bond No. 614989-6 The Ohio Casualty In- surance Co. dated April 15, 1975 Gilbert D. Chavenelle , City Manager Couucilman Thoms moved that the communication be received and filed an(! approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. May 8, 1975 Honorable Mayor and Members of City Council For the past several yeats the City of Dubuque has been the re- cipient of 701 Comprehensive Planning Assistance Program Grants as administered by the U.S. Department of Housing and Urban Development. These funds have en- abled the city to carry out several tasks including the continuous re- finement and betterment of the budget process and to start up our staff assistance program to neigh. borhood organizations. We have been advised within the past several weeks that 701 funding is again available to cities, and it is anticipated that a $15,000 grant will be earmarked for Du- buque. Several areas of need have been examined, and it is ,apparent that priority now must be directed to the development and implemen- tation ' of an information base file system to gáthet, process, retrieve and to analyse data to provide the adminIstration and Council with management Information neces- sary for more accurate and timely responses to demapds and oppor. tunity projects, and to accomJllo- date the daily business of the city. We are also advised that the U.s. Bureau of the Census is request- ing data base material from the COmJllunity to update and modify their computerized statistical, geo- graphic and political Information ab¿,ut ,the Dubuque urban area. ' In view thàt the base data ,proc' ess and the census data need to be developed on an intergovernmen- tal basis, we would propose that tbe City and the East Central in. tergovernmental Association work jointly on this project. This would appear to be a more prudent ar- rangement, with the association serving as the recipient of the Federal funds and the City serving as a major participant. Gilbert D. Chavenelle City Manager Mr. Karl Biasi and City Planner Dan Dittemore addressed the Coun- cil relative to the benefits of the 701' program. ' Mayor Justmann moved that the matter be tabled until next week. Seconded by Councilman Brady. Vote()n the mo- tion was as follows: Yeas - Mayor Justmann, Coun- cilman Brady. Nays--Councilmen Lundh, Stack- is, Thoms. MOTION LOST. Councilman Thoms further moved that the City Manager be authorized to communicate with HUD signifying our intention of cooperating with E.C.I.A. Second- ed by Mayor Justmann. Carried by the following vote: Yeas--Councllmen Lundh, Stack- is, Thoms. Nays--Mayor Justmann, Coun- cilman Brady. Communication of Ass't City Manager advising that the Citizens Advisory Commission requested time on the agenda of this meeting Special Session,. May 12, '1975 199 to discuss results of the recent survey of attitudes and priorities of the citizens of Dubuque,' pre- sented and read. Mr. Frank Miller, Chairman of the survey groUp for the Commis- sion addressed the Council as to the result of their findings. Mrs. Pauline Joyce addressed, the Coun- cil , also and presented a set of computerized facts of the survey. Mayor ,Justmann moved that the communication be received and filed and present to the Council within ,a month or so to consider an updated survey on a month to month basis. Seconded by Council- manStackis. Carried by the fol. lowing vote: 'Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-.None. Communication of Melita A. Smith, addressed to Mr. Brady spe- cifically, relative to remarks made at the Council table at the time removal of old street lights in the lower end of town were consid- ered, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Stac,kis. Carried by the followh¡g vote: Yeas - Mayor Justmann, Coun, cilmen Brady, Lundh, StacJds, Thoms. Nays-None. May 6, 1975 Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. April 30, 1975 Honorable Mayor and City Council Mr. Carl D. Engling of. 2209 Washington Street, Dubuque, filed claim against the City of Dubuque, Iowa, on the 20th day of March, 1975, alleging damages to two tires and two rims while traveling south on J. F. Kennedy Road as the result of striking a hole ap- proximately, 10 inches deep and 4 feet in diameter causing said damages to his vehicle. I have examined said matter ,and have conferred with the claimant who has made an offer of settIe- ment in the amount of $30.00 and it is the recommendation of the City Attorney's office that said of- fer of settlement be accepted and that the City Auditor be instruct- ed to draw warrant payable to Carl D. Engling in the amount of $30.00 and transmit same to the City Attorney for delivery upon execu- tion of release. Original claim Is returned here- with. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of set. tlement be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Notice of Claim of Oft Enter- prises Inc., in an undetermined amount, for truck damage incurred as the result of driving into a protruding curb section in the 1100 block of Jackson Street on May 7, 1975, presented and read. Council- man Thoms moved that the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmenBrady, Lundh, Stackis, Thoms. Nays-None. Petition of Thompson's Food Market et aI, requesting replace. Honorable Mayor and City Council Notice of claim for damages to a motor vehicle owned by Mary Volkman, 701 Davis, Dubuque, filed against the City of Dubuque by the insurer for said claimant, claiming damages to said vehicle by a. City garbage truck on March 17,1975 when claimant's 1971 two- door vehicle was properly parked. This matter was referred to the approPriate City Agency who re- ports that said matter has been amicably disposed of. It Is there- fore the recommendation of the City Attorney that said claim be denied. Original notice of claim is re- turned herewith. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of denial be approved. Seconded by ~ 200 Special Session, May 12, 1975 ment of the present two hour meÞ ers to one hour meters on First Street between Locust & Main Street, presented and read. Coun- cilman Thoms moved that the pe- tition be referred to the City Man- ager and Traffic Department for investigation and report. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Petition of the Memorial Day Committee requesting permission to conduct their annual Memorial Day parade on May 26th, presented and read. Councilman Thoms moved that the request be ap. proved subject to coordination of the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Tboms. Nays-None. Petition of Northwestern Bell re- questing permission to push a four Inch Iron pipe under Highway #20 east of Division Street and Wacker Drive, presented and read. Coun- cilman Thoms moved that the reo quest be approved subject to the approval of the City Engineer. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Petition of David L. Clemens, representing a client living in the vicinity fa 20th & Elm Sts., con- cerning a service station that is not conforming to proper regula- tions as the materials, old cars etc. around the station, presented and read. Councilman Brady moved that the petition be referred back to Mr. Clemens. Seconded by Coun- cilman Stackis. Vote on the mo-. tlon was as follows, Yeas-Councilman Brady, Stack- is. Nays - Mayor Justmann, Coun- cilmen Lundh, Thoms. MOTION FAILED. Petition of Washington Neigh- borhood Council requesting to ap- pear before the Council to present facts and figures that will convince the Council to reconsider action taken at the meeting of May 5th to reinstall the diverters In the 1975 Street Program, presented and read. Rev. Sigwarth and JOhn J. "Hank" Waltz addressed the Coun- cil relative to the petition. Coun- cilman Brady moved that the mo- tion of a week ago be reconsid- ered. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Staclds. Nays-Councilman Thoms. Abstain-Councilman Lundh. Councilman Brady moved that the City Staff be instructed to proceed immediately with design and subsequent construction of the Washington Street dlverters at 15th, 16th, 18th and 19th Streets with the goal of Sept. 1, 1975, as the construction completion date, and that It be considered part of tbe 1975 Street Program and that the City Staff be further instruct- ed to use all means of obtaining Federal Funds for the completion of the signalization as part of the Washington Neighborhood Project, but if not possible, to delay the signalization until the 1976 Pro- gram. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Stackis. Nays-Councilman Thoms. Abstaln~Councilman Lundh. Petition of Clarke-Loras Home. coming Committee, requesting per- mission to conduct their annual Homecoming Parade on October 11, 1975, presented and read. Coun- cilman Stackls moved that tbe re- quest be approved and referred to the City Manager for implemen- tation. Seconded by Mayor Just- mann. Carried by the following votø: Yeas - Mayor JUstmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. May 9, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lots 1 through 15 of Cherry Valley Sub- division In the City of Dubuque, Iowa. Thé Commission has determined that the plat Is in conformance Special Session, May 12, 1975 with the approved preliminary plat of the area and meets the mini- mum standards of the Zoning and Subdivision Ordinances. It is the recommendation of the Planning and Zoning Commission that the plat be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLÙTION NO. 141.75 Resolution Approving the Plat of "Cherry Valley" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Cher- ry Valley" in the City of Dubuque, Iowa, by Louis J.Jaeger and Rita M. Jaeger; and WHEREAS, upon said plat ap- pear streets to be known as Lori Street, together with certain public utility easements which the Own- ers by said plat have dedicated to the public forever: and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon: and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the dedications of Lori Street together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted: Section 2. That the plat of "Cherry Valley" in tbe City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are . hereby author- ized and ditected to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the 201 owners of said property herein named, execute their written ac- ceptance hereto attached agree- ing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Lori Street with bituminous concrete, or with concrete paving wltb in- tegral curb, all in accordance with City of Dubuque standard specifi- cations; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To Install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbaslns In accordance with plans submitted with the plat; e. To Install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct the foregoing Im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sale expense of the Subdivider, Louis J. Jaeger and Rita M. Jae- ger, as owner; i. To construct said improve- ments, except sidewalks, prior to April 1, 1977, and to construct the sidewalks prior to April 1, 1979; And further provided that said Louis J. Jaeger and Rita M. Jae- ger, as owner of said Subdivision, secure the performance of the foregoing conditions by providing security In such form and with such sureties as may be accept- able to the City Manager. Section 3. That In the event Louis J. Jaeger and Rita M. Jaeger shall fail to execute the accept- ance and furnish the security pro- vided fOr In Section 2 hereof with- in 45 days after the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dèdlcation and ap- 202 Special Session, May 12, 1975 proval of the plat shall not be ef. fectlve. Passed, adopted and approved by unanimous recorded roll call this 12th day of May, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 141.75 We, the undersigned Louis J. Jaeger and Rita M. Jaeger having read the terms and conditions of the foregoing Resolution No. 141- 75 and being familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 15th day of May, '1975. s/Louis J. Jaeger s/Rlta M. Jaeger TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RES- OLUTION NO. 141.75 has been furnished by the owners. Dated at Dubuque, Iowa, this 15th day of May, 1975. Gilbert D. Chavenelle City Manager Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Veas- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. Communication of Playground & Recreation Commission submit- ting a resolution relative to the use of tl¡e San Jose swimming pool and handball courts, presented and read. Councilman Stackls moved that the communication be tabled until the next meeting. Seconded by Councilman¡'undh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Recreation Commission's resolu- tion approving proposed contrMt with Loras College and recom. mending entering into an agree- ment, was presented and read. Councilman Stackis moved that the resolution be tabled until the next meeting. Seconded by Councilman Lundh. Carried ]¡y the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nay¡¡.,....None. RESOLUTION NO. 142.75 ap. proving Lease Agreement with Loras College for use of Swim- ming Pool, Handball Courts' and Locker Rooms, presented and read. Councilman Staclds moved that the resolution be tabled until the next meeting. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Councilmen Brady, Lundh, Staclds. Nays - Mayor Justmann, Coun- cilman Thoms. Communication of Councilman Thoms confirming his oral request for a motion to reconsider his ma. jorlty vote on the matter of liP' proval of a liquor IIcellsefor The Broken Spur, presented and read. Councilman Thoms moved recon- sideration to comply with his reo quest. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Councilmen Brady, Lundh, Stackis, Thoms. Nays-Mayor Justmann. Benjamin Tucker and Franklin Presley addressed the Council reI. ative to the request. Councilman Stackis moved that the communi. canon be tabled until the next meeting. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds. Nays-Councilman Thoms. RESO'LUTION NO. 143.75 WlIl!JREAS, Dominic W. Good. m,annresigned his office as a mem- ber of the Park Board of the City of Dubuque, Iowa, which resigna- tion was accepted; and WHEREAS, vacancy In said office has existed; and WHIDR:EAS, the City ,Council of the City of,Dubuque, Iowa, appoints David ,J. Willoughby to ]¡e Com. Special Session, May 12, 1975 203 missioner of the Park Board of the City of Dubuque, Iowa, for that portion of the term of Dominic W. Goodmann until the next regular municlþal election. NOW THEREFOIIiE BE IT RE- SOLVED BY THE CITY COUNCIL, ?~W ¡;rœ CJ.II'Y OiF DUBUQUE'!I Section I: That David J. Wil- :1 louglrby of Dubuque, Iowa, be and he is hereby appointed Commis- sioner of the !Park Board of the City of Dubuque, Iowa, effective Immediately and upon the taking of bis oath- of office and shall con- tinue in office until the next regular municipal election. Section 2: That David J. Wil- lc>ughby be and he is herebyorder. ed to file and give bond in the amount of $1,000.00 conditioned as provided by Statutes of the State of Iowa, ani! that said bond be ap- proved 'by the City Council and that same 'be a surety company bonds and that the costs thereof may be paid out of the park funds. Passed, adopted and approved this 12th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Councilmen Passed, adopted and approved this 12th day of May 1975. C. iRo'bert 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. 145.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Joyce L. Moeller, Orioles Oasis, 1604 Ceneral Avenue P,assed, adopted and approved this 12th day of May 1975. C: Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Councilmen ATTEST: Leo F. Fmmmelt City Clerk 'I Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the followiug vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, StackJs, Thoms. Nay¡¡.,....None. RESOLUTION NO. 144-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale 'of Cigar- ettes within the City of Dubuque, Iowa, he granted a permit to sell Cigarettes and Cigarette' Papers within said City. Ivan Coslc, Broken Spur, 342 Main Street 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, Staclds, Thoms. Nay¡¡.,....None. RESOLUTION NO. 146.75 BE J.II' RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permilt to sell Cigarettes and Cigarette Papers within said City. -, 204 Special Session, May 12, .1975 Roger W. Rommel, A. & W. Drive Inn, 2260 John F. Kennedy Road Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen RE50'LUTION NO. 148.7S WHEREAS, applications for LI- quor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordin- ances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be anthorized to cause to be issued to the following named applicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club '(also Sunday Sales), Randall Place Passed,adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Cierk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Jnstmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 147-75 WHEREAS, applications for Li- quor Licenses have been snbmltted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the com- pliance with the provisions of- Chapter 131, Acts of the First Reg- ular Session, 64th General Assem- bly. ! CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club (and Snnday Sales), Randall Place Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds 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. 149.75 WHEREWS, applications for Beer Permits have been submitted to this Council for approval and the same have 'been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Walgreen Co., 555 John F. Ken- nedy Drive Attest: Leo F. Frommelt City Clerk Conncilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Jnstmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. CLASS "B" BEER PERMIT Phillip T. Langas d/b/a Phil's Pizza & Chicken Hut (also Sunday Sales), 1105 Loras Blvd. Special Session, May 12, 1975 Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays-None. There being no further business, Councilman Brady moved to' ad- journ. Seconded 'by Mayor Just- mann. Carried by the following vote: Yeas: - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Leu F. Frommelt City CIerI<. Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays - None. RESOLUTION NO. 150.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the ,approval of this Coun- cil; and WHEREJAS, 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 TIDJREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the I Manager be authorized to cause to be issued to the fallowing named applicants a Beer Permit. CLASS "C" BEER PERMIT Walgreen Co., 555 John F. Ken- nedy Drive. Approved """"""'.......................1~75. Adopted ......................................1975. ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: .................................................. City Clerk CLASS "B" BEER PERMIT PhilIlp T. Langas d/b/a Phil's Pizza & Chicken Hut (also Sunday Sales), 1105 Loras Blvd. Passed, adopted and approved this 12th day of May 1975. C. Robert Justmann ,Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: 205 20ffi SpecialSe$$ion, May 15, 1975' CITY COUNCIL OFFICIAL Specia," Sesoion"May 15, 1975. Cou'ncil Met At 4:30 P.M. (C.D.T.) Preoent"'-"Mayor Jushnann, Coun. oilmen' Brady, Lundh; Thoms. Abseni'-Councilman Stackls,Clty Ma,naprGlibert D. Chaveneiie. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of RE- COOSrDER!!NG BEER - LIQUOR LICENSE APPillCATION OF FRiAN:KLIN ¡lREJSLEY and acting upon 'such other business as may properly come before a regular meeting of the Council. Communication of Councilman Thoms requesting reconsideration on.the matter of ,approval of a Beer.Llquor LIcense for The Bro. ken Spur; tabled for the Council meeting of May 19th, 1975, pre- sented and read. Mayor Justmann moved that the communication be taken off the table. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays--None. Absent-Councilman Stackis. After considerable discussion, Councilman Thoms moved that the City Clerk be authorized to for- ward the Beer-LIquor License ap.- plication as presented to the State LIquor Commission absent any recommendation or comment. Sec. onded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays-None. Absent-Councilman Staclds. ,]here being no further business, Councilman Thoms moved to ad- journ. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Thoms. Nays--None. Absenl--Councilman Staclds. Leo F. Frommelt City Clerk. Approved ....................................1975. Adopted ......................................1975. ..........................................."..................................... .."............................................................................. .................................................................................. """"""""""""""""""""""""""""""""""""""""" """"""""""""""""""""""'i3öüiïëiiïñëñ""""" Attest: """"":'t"""'C'ï~;k""""""""""" ClY Special Session, , May 19,,11')75 2m (ITY COUNCIL OFFICIAL Specia,1 Session, May 19, 1975. Council Met At 7:30 P.M. (C.D.T.) present"':'Mayor Justmann, Coun. ëiimen Brady, Lundh, Stackis, thorn's. ,City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON. SiDERING AN AMENDMENT TO ORDiNAN,CE NO. 36-55, TO PRO. HIBIT SMOKiNG IN BUSES AND IN ANY OTHER VEHICLES HAULING PAS5ENGER5 BY THE 'TRANSIT AUTHORITY and acting upon such other business as may properly come before a Regular Meeting of the Council. Communication of Playground & Recreation Commission submitting resolution r,elative to lease of the San Jose Swimming Pool and hand- ball courts, forwarded from the meeting of May 12th, presented and read: Councilman Stackls moved to Suspend the rules to let anyone present address the Council if they so'deslre. Seconded by Councilman Brady. Carried by the following 'vote: Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. . Nays-'-None. Terry Trueblood, DIrector of Dept. of Recreation, George Freund, representing Loras College, and Mike Reilly of Playground and Recreation Commission addressed the Council relative to the' com. municátion and answered questions pertaining to the lease. Councilman Brady moved that the communication be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds. Thoms. NayS-None. RlEJSOlJUTION OF, THE RECREATION COMMISSION CITY OF DUBUQUE, IOWA WHEREAS, the Recreation Com- , .mission of the CIty ,of Dubuque, I Iowa has been conducting negotla- tions with Loras College In connec- tion with the leasing arrangements for San Jose Swimming Pool ,and allied facilities; and W'HEREAS, the Commission and Loras College have worked out the terms of agreement 'as set out In Exhibit "A:', hereto attached and by reference made a part hereof being a true and correct copy of said agreement together with exhi'bits thereto attached; and WlHEREAS, the Recreation Com- mission of the City of Dubuque, Iowa approves the terms and con- ditions of said agreement; NOW THEJREFORE BE IT !lIE- SOLVED' BY THE RECREATION COMMISSION OF THE CITY OF DUBUQUE, IOWA: Seotion I: That It approves the proposed contract, marked Exhibit "A" hereto attached to be entered into by the City of Dubnque, Iowa and LorasCollege and approves the same. Section, 2. That the Recreation Commission of the City of Dubu. que, Iowa recommends with favor to the City Council of the City of Dubuque, Iowa that it enter into said agreement with Loras College and that the City, Council cause said agreement to be executed by and on behalf of the City of Du- buque, Iowa. Passed, approved and adopted .this 8th day of May, 1975. Paul J. Frommelt Patricia F. O'Brien Mike Reilly Paul Russo Robert P. Bisanz Betty J. Nugent ATTEST: Terry G. Trueblood Councilman Brady moved that the resolution be received and made a matter of record. Seconded by Mayor Justmann. Carried by the foIiowiug vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays---<None. RESOLUTION NO. 142.75 WHERiEAS, the Recreation Com- mission of the City of Dubuque, Iowa hasheen negotiating with Lora. College for the leasing by the City of Dubuque, of San Jose Swimming PoOl, . together with handball facilities thereto; and 208 Special Session, May 19, 1975 'WHE)REAS, the terms of agree- ment have been reduced to writing in a proposed form of contract, a copy of which Is hereto attached, and by reference made a part hereof; and WHEJR:EJAS, the Recreation Com- mission of the City of Dubuque, Iowa, by R.esolu~lon, duly adopted, approved and transmitted to the City Council has recommended the execution of said Agreement by the CIty of Dubuque, Iowa. WHEREAS, the City Council of the City of Dubuque, Iowa does ap- prove said contract marked Exhibit "A" and determines that said con- tract should be entered into. NOW THIEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IDWA: Section I: That the proposed contract by and between the City of Dubuque, Iowa and Laras Col- lege relating to the leasing by the City of Dubuque, Iowa, of the facility known as San Jose Swim- ming Pool, together with handball facilities and other allied facilities which contract is marked Exblblt "A" and is hereto attached and by reference made a part hereof, be and the same is hereby approved. Section 2: That the Mayor and City CIerI<; be and they are hereby authorized and directed to execute said contract for and on behalf of the City of Dubuque, Iowa. Sec+io", 3: That the City Manager be and he is hereby authorized and directed to do any and all tbings necessary and incidental to the carrying out of all terms of said contract for and on behalf of the City of Dubuque, Iowa and its Rec- reation Department. Passed, adopted and approved this 19th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Allan T. Thoms Councilmen ATI'EST: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution, Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Thoms. Nays-Councilmen Brady, Stackis. Communication of A. L. Weitz advising that the "People's Bicen- tennial Commission" is a propa- ganda tool of a small group of poli- tical extremists; Official' group is American Revolutiou Bicentennial Commission, presented and read. Councilman Stackls moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-Nooe. Communication of Citizens Ad- visory Commission submitting minutes of their meeting of May 13, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Communication of Leo J. Kringle indicating an interest in the pur- chase of the north and south half of E. 33' of Lot Iln A. McDaniels Sub. (Arlington Street), presented and read. Mayor Justmann moved that the communication be referred to the Planning & Zoning Com- mission, City Manager and City Solicitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays--None. Communication of Dubuque AIr- port Commissionsubmittiug minutes of their meeting of May 8, 1975, presented and read. Mayor Just- mann moved that the minutes be received and filed. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady,Lundh, Staclds, Thoms. Nays~None. Communication of Dubuque Transit Board submitting minutes of their meeting of May 14, 1975, presented and read. Mayor Just- mann moved that the minutes be received and filed and the Council Special Session, May 19; 1975 be advised on the subject of hiring consultants at the next Council meeting. Seconded by Councilman Staclds. Carried 'by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. 'Nays~None. Communication of Medical As- sociates presenting the issue rela- tive to dispensation of Optical Equipment which seems to be an integral part of practice of Ophtha- mology and requesilng the amend- ment of Article IV-A of the Zoning Ordinance, presented and read. Mayor Jusimann mov,ed that the communication he received and fil- ed. Seconded by Councilman Brady. Carried by the fallowing vote: Yeas-May'Ûr Justmann, Couucil- men Brady, Lundh, Stackis, Thoms, Nays-None. Councilman Thoms further mov- ed that the communication of Med- ical Associates be forwarded to Planning & Zoning Commission with specific re.oommendatlon that Ordinance No. 10-73 be amended to include sale of optical equip- ment to specifically include section H-2 and I and the City Solicitor and Building Commissioner, be re- quested to reso'lve the question of continuing service. Seconded by Councilman Lundh. Carried by the fallowing vote: Yeas-Councilmen Lundh, Stack- is, Thoms. Nays - Mayor Justmann, Coun- cilman Brady. Communication of Dubuque HIs- toric Preservation Advisory Board recommending that brick be nsed to hlend in with surrounding area in the COThstruction of Clinton Fed- eral Savings & Loan Building aft- er viewing the model form of the proposed structure, presented a,nd read. Councilman Brady moved that the communication be received and filed and Council concur in thank- ing Advisory Board, Architects and CliThton Federal Loan for recom- mendation; and further that cU~b cut be ,approved subject to ap- proval of City Manager and City Engineer. Seconded by Mayor Just- mann. Carried ,by the fallowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. 209 May 14, 1975 Honorahle Mayor and City Council I am returning to you the peti- tion of Mr. Parker requesting the purchase of city property easterly of his residence at 1220 Rosedale. The property In question is a part of an easement for the ex- tension of Glen Oak, which has uow been extended to Rosedale on a narrow ,easement to the west of Mr. Parker's lot. It is believed that the original easement prop,erty should ,be retained by the city for future development. We certainly have no obje.ction to Mr. Parker's using the lot as he now is doing-he maintains it. However, it is recommended that we dn not transfer any property rights to Mr. Parker. Gilbert D. Chavenelle 'City Manager Councilman Stackis moved that the recommnedation ,be approved. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. May 12, 1975 Honorable May'Ûr and City Council I submit to you the quarterly service report of TelePrompTer of Dubuque. The report is submitted accord- ing to the agreement between the company and the city. Gilber' D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed and directed City Manager to clarify adequacy of report in ques- tion. Seconded by Councilman Stackis. Carried by the fallowing vote: Ye.as-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. May 15, 1975 Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Water Super- iutendent, Health Department, Treasurer, and a list of claims paid, for the month of April 1975. G1lbert D. Chavenelle -City Manager Mayor Justmann moved that the communication be received and fil- ,- ,._---~-~---~- ~ -~ - ~ '210 Special Session, May, 19, 197-5 ed. See, onded by Councilman, Stack- I Nays-Mayor Justmaun, Council- Is. Carried 'by the following vote: 'man Brady. YeaB---'Mayor Juslmann, Council- men Brady, Lundh, Stackis, Thoms. Nay\s~None. May 15, 1975 Honorable Mayor and City 'Council Please be advised that I have approved the following policies and desire to have your approval of same for filing pnrposes. GENERAL LIABILITY Egelhof Funeral Home (Parking lot) No. GA 774257 dated May 18, 197'5 Bituminons Casualty Corporation Swift Plnmblng & Heating, Co. Comprehensive, General Policy .ohio Casualty Insw:ance Co. No. CkG 882475 Gilbert D. Chavenelle CIty Manager Mayor Justmann moved that the communication ,be received and fil- ed and filing be approved. Second- ed by Councilman Btackis. Carried by the following vote: Yeas----M"yor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. May 16, 1975 Honorable Mayor and City Council At the May 12 meeting, City Council agreed to the concept of the city joining with the East Cen- tral Intergovernmental Asso'ciatlon to carry out the HUD 701 Program for the coming fiscal year. , Several activities were proposed and discnssed at the May 12 meet- ing; however, no final decision was reached as to the direction the city should pursue. kt .¡he May 19 coune11 meeting we ' wonld like to further explain the 701 Program a,nd to furnish additional information about the proposals which were outlined in some detail last Monday. The 701 Program has been bene- ficial to the city, and It Is in our best interest to continue to utilize these funds to accomplish needed tasks. Gilbert 'D. Chaveneile City Manager Councilman Stackis moved that the 701 Program be approved. Sec- onded by Councilman Lundh. Car- ried hy,the following vote: Yeas~Oouncilmen Lundh, Stack- Is, Thoms. May 15, 1975 Honorable Mayor and City Council .on April' 17, 1975, claim was' fil- ed by Mrs. Wendy Kelly, 493 Hay- den's Lane, Dubuque, for herself and on ,behalf of her daughter, Samantha Kelly, claiming personal Injuries as the result of an alleged fall on April 2" 197'5, in the Town Glock Plaza due to ice on the side- wan<.Said claims were for $11.50 and $8.50 respectively. This matter was referred to the appmpriateCity Agency who has made an Investigation thereof ,and reports no negligence or liability on the part of the City. It is there- fore the recommendation of the City Attorney that said claims be denied. Original claims are returned herewlth. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. May 15, 1975 Honorable Mayor and City Council .on Jan¡¡:ary 20, 1975, claim was filed by Mrs. Vera Hanley, 247 W. 11th Street, Apartment 10, Dubu- que, against the City In an un- stated amount arid alleging person- al injuries as the result of a fall on a sidewalk in Town Clock Plaza on January 2, 1975, and claimant alleged snow covered the sidewalk as the cause of her fall. This matter was referred to the appropriate City Agency who has made an Investigation thereof and reports no negligence or liabillt}' on the part of the City. It is there- for the recommendation of the City Attorney that said claim be denied. .original, claim is returned, here- with. R. N. Russo City Attorney Councilman Th(}ms moved that the communication' be received and filed and recommendation of denial be approved. Seconded by Sþeclal'Session, Mil:\' 19, 1975 Mayor JUstmann. Carried by the following vote: Yeas-Mayor Justmann, Counci'i- men Brady, Lundh, Stackis, Thoms. !Nays-!None. May 15, 1975 Honorable Mayor and City Council .on April 21, 1975, Charles !'Iien- steadt, 2230 White Street, Dubu- que, filed claim against the City of Dubuque, claiming water damages occurring on April 16, 197,5 and alleging said damages were caused by a defective, instalIation of a new meter. This"matter was referred to the appropriate City Agency who has reported by letter to, this office that the matter, has ,been taken care,of. ,It Is therefor the recommenda- tion of the City Attorney that said claim be denied. , .original claim is returned here- with. R.. N. Russo City Attorney Councilman, Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Mayor Justmann. Carried by the following vo'¡e: Yeas--Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Claim of John M; Far- rell, in the amount of$loo0.oo, for car damage and pérsonal injuries received while driving across rail- road tracks at 7th Street on May 9, 1975, presented and read. Coun- cilman Thoms moved that the Not- ice of Claim be referred to the City Solicitor for proper proceed- itìgs. Seconded by Mayor Just- mann. Carried' by the fallowing vote: Yeas-MayorJustmann, Council- men Brady, Lundh, StackJs, Thoms. Nays-!None. Notice of Claim of Virgil Lee Hutèhinson, in an estimated amoUnt of $86,,52, for car damage incurred as the result of being stmck by a city owned vehièle at 13tb and Iowa Street on May 9; 1975, presoented and read. Council- man Thoms moved that the Notice of Claim be referred to the City Soliéito'r for' proper proceedings, Seconded ,by Mayor'Justmann. Car- ried by the following vote: Yeas-Mayor Justmann, Council. men BradY, Lundh, Stackis, Thoms. Nays--None. No'¡lce of Suit of Eileen M. Holz. City of Dubuque, & J. C. Penney Co., Inc., defendants in the amount of $21,000. as the' result of injur- Ies received in a, fall in the alley to the rear of Penneys store over a curb orti,re stop on January 10, 197'5" presented ,and, read. Council- man Thoms moved that the Notice of Suit be referred to the City Solicitor for proper proceedings. Seconded by'Mayor Justmann. Car- ried by the foUowillg vote: Yeas-4\liayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Claim of William P. Meyers and Laura' J. Meyers (min- or), in an undetermined amount, for injuries received by said minor in a fall on a defective sidewalk at 817 Lawther Ave. on May 12; 1975, presented and ' read. Councilman Thoms moved that the Notice of Clàim 00 referred to the City Solic- itor for proper proceedings., Sec. onded by Mayor Ju"tmann.' Car- ried by the fo1!(}wing vote: Yeas-Mayor Justmann, Council- men Brady, Lundhi'Staokis; Thoms. Nays~None. Proof of Publication, certified to by the PUblisher, of Notièe of Pub- lic Hearing to amend .ordinance No. 36'55 by enacting. a new sub- section to proMbit smoking in bus- es, presented and read. No written objections were 'filed 'and no oral ohjectors were' present in the Council Chamber at the, time set for the hearing. Councilman Thoms moved that the proof. (}f , publica- tion ,be received and filed. Second- ed by Mayor Justmann. Carried by the folIowing vote: YeaB---'Mayor Justmann, Council- men Brady, Lundh; Stackis, Thoms. Nays-None. ORDINANCE NO. 15.75 ..An Ordinance Ame'nding Ordi. nance No. 36.55, by enacting a new Subsection E 10 Section I thereof to prohoiblt, smokhlg in buses, end In any otlmr motor vehieles hauling 'f"re'peyhlg' pas. sengers opera,ted by the Dubuque Transit Authority, City of Du. buque, Iowa, " said' .ordinance having been, pre- vlouslypresented and ,read at the Council meeting of May 5, 1975, presented for final adoption; 211 212 Special Session, ' May 19, 1975 Special Session, May 19, '1975 ORDINANCE NO. 15.75 AN ORDINANCE AMENDING OR- DINANCE NO. 36-S> BY ENACTING A NEW SUBSECTION E TO SECTION 1 THEREOF TO PROHIBIT SMOKING IN BUSES, AND IN ANY OTHER MOTOR VEHICLES HAULING PARE- PAYING PASSENGERS OPERATED BY THE DUBUQUE TRANSIT AUTHOR- ITY, CITY OF DUBUQUE, IOWA. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION I, Th" Ood;..n" No. 36- S> b, ,nd th, ..m, ;, hmby ,m,"d,d by ,na"ing a "'W ..h"etion "," to sec- tion I thmol, " follow", "SECTION I, No pmon ,hall 'mok, 00 e""y a lighted cis", ciga""', p;pe 00 m"eh, 00 n" ony 'p"k, Ilame 00 lite poodncing devic, not "p,cially authoo- iz,d 1M u" in ,neh ph", by th, F;te Chief, in my 01 th, lollowins pI"", (a) R",iI ",Oto,. R",iI ",°'" d";snod and "",ng,d to occommod"e moto oh,n loa pmon" 00 in which mo" than 10 pmon' '" ,mploy,d. Thi, pmhibidon ,h,lI not 'pply to ,mok- ing in mt ooom" ""'n,,n", ox- ecutive o/lie" 00 b"nty p,do" in ""iI ",O",, wh," ,pecililally 'p- pmved by th, Fi" Chief by wdt- ten Md" to the pmon hoy;ng eon- "°1 01 th, p"mi", npon a lindins th" ,neh n" thmin i, not dang"- ""' to iii, 00 pmp"'Y. (bj EImw', EImto", "g"dle" 01 "p,city, ;n any pnblie pI",. (ej Public Iods;ns hou",. In b,d, ;n hotd" doomitoti" ODd oooming ,nd lodging hon"'. A pdnted notice ad- vi,ing th, oc,up,nt 01 the ,/I", 01 thi, "etion ,ball be po""d in , eon"picuon, pI,co in moy mom in the bnildins. (d) Publi, thme". Dnting a pedoom- anco in pnblie tbmm, motion pi,- tn" hon"" ,uditodum" gymn,,- ;nm" and the like, indud;ns th, d""ing ooom', ""pt th" the pm- hibition 01 thi, "etion ,h,ll not ,pply to 'moking ooom, ,nd "'" and o"t ooom, when 'p"i/i"lly ap- pooved by th, Fi" Chief by wti"," Md" to th" pmon having ,ontml ul the p"m;"" upon a linding th" ..oh u" thmin i, not dang"ou, to iii, Ot pmpe"Y. Th, pmhibition 01 ohi, ""ion ,h.I1 not be eO"'tmod to pmhib;t 'moking by p,dMm,,' on the "'ge " p'" 01 'ny the"d,,1 pooduedon. (ej Bu", "p,,"ed by the Dubuque T"n,it Authoo;ty 01 th, Chy 01 Dubuqu" Iowa, ,nd any oth" motM veb;de ope"ted by ..id Authodty hauling I"e-p,yins p""ngm in the City 01 Dubuque, low,." P""d, 'ppmved ,nd adopted thi, 19c1, day 01 M,y, 1975. C. Robe" Ju",mann Mayoo Jam" E. Boody Alvin E. Lundh Allan T. Thom' Mike S"eki, Couneilm'u Petition of James L. Kritz et al (61 signers), senior citizens object- ing to the issuance of a license for the Broken Spur or any other op- eration that would hinder or dis- tract from the 4th Street neighbor- hood, presented and read. Council- man Thoms moved that the p'etl- tion be received and /iled and re- ferred to Council and Chief of Police. Seconded by Mayor Just- mann. Carried <by the following vote: Yeas-'-Ma~or Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nayo-None. Petition of Knights of Columbus requesting permission to conduct a parade at 4 P.M. on Saturday May 31, 1975 as part of their State convention activities, presented and read. Councilman Thoms mov- ed that the petition 'be received and /iled andappro¥ed and refer- red to the City Manager for imple- mentation. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. 'Communication of Dubuque Mu- nicipal Air,port requesting approv- al of local funds for share of cost of constructing a 3" asphalt mat on North-South Runway, presented and r,ead. Mayor Justmaon moved that the communication be receiv- ed and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. A Resolution authorizing Airport Commission to file an application with U.S. Department of Transpor- tation, Federal Aviation Agency, for funds for ail'Way imp'rovements and approving local funding, pre- sented and read. Councilman Thoms moved that the resolution be referred to the Iowa Aeronaut- ics Commission. !Seconded 'by May- or Justmann. Carried 'by the fol- lowing vote: Yeas-'-May{)r Justmann, Council- men Brady, Lundh, Staclds, Thoms. Nays-None. EXTRA'CT FRJOM TH1E MINUTES OF ASPEJClAiL MEETJ!NG OF mE OITY COUNCIL OF 'I1HE OITY OF DUBUQUE, ']OW A, HiELD ON MAY 19, 1975. Ate"" Leo F. Fmmmelt Gty CI"k pubn,hed oHidaIly in the Teles"ph HmId new'pap" thi, 230d day 01 M,y 1975. Loo F. Fmmmelt Gty CI"k It. 5-23 Councilman Thoms moved final adoption of the Ordinance. Second- ed by Mayor Jnslmann. Carried 'by the follO'Wing vote: Yeas-Mayor Juslmann, Council- men Brady, Lundh, Stackls, Thoms. Nays-None. Petition of Daurence Vize et al (67 signatures) requesting black-- 'topping of the area under th" baskethall net at Madison Park, presented and read. Councilman Lundh moved that the p"tition be referred to the Park Board for recommendation and approval. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas~"yor Justmann, Council- men Brady, Lundh, Staclds, Thoms. Nays-N{)ne. Petition by Resolution from the Library Board requesting that Rev. Karl Schroeder he appointed to the Library Board of Trustees, pre- sented and read. Councilman Thoms m{)ved that the petition be received and filed. Seconded by Councilman Lundh. Carried ,by the foll<>wing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, StacIds, Thoms. Nays--None. Petition .of Dubuque Packing Co. requesting that parking be prohib. ited on the south side of 1'5th Street from Sycam{)re Street to a point two blocks east of Sycamore, presented and read. Councilman Thoms moved that the petition be received and filed and referred to the City Mànager and Traffic De- partment. Seconded by May{)r Just- mann, Carri"d 'by the following vote: Yeas.--Mayor Justmann, Council- men Brady, Lundh, Stackls, Thoms. Nays-None. The following Resolution was in- troduced 'by Emil Stackis, read in full and conslder,ed; seconded by Alvin E. Lundh. On roll call the vote was Yeas~Councilmen James E. Brady, Alvin E. Lundh, Emil Staclcis, Allan T. Thoms. Nays-- Mayor C. 'Ro'bert Justmann. RESOLUTION NO. 152.75 Resolution Ado,pting a,nd Approv- ing t'he Execution of a'n Accept. ance of a Grant Offe'r from the Adminlstrato,r of the Federal Avia,tion Administratlo'n, Acting for the United States of Amer- Ica to the City of Dubuque, Iowa, for Ihe purpose of obtaining Fed- eral Aid in the Development of the Dubuque Municipal Airport, under Proiect No. 8-19-0028-01. BE IT RESOLVED 'by the City Council {)f the City of Dubuque, Iowa: Section I. That the City of Du- buque, Iowa, shall for the purpose of obtaining Federal aid in the de- velopment of the Dubuque Munici- pal Airport, enter into a Grant Agreement with the United St.tes of America by executing an accept- ance of a Grant Offe'r from the Ad- ministrator of the Federal Aviation Administration" acting for the United States {)f America, to the City of Dubuque, Iowa, and that such Grant Offer shall 'be set forth hereinbelow under Section 4. Section 2. The City of Dubuque, Iowa, does hereby ratify and adopt all statements, representations, warranties, covenants, and agree- ments contained in the Project Ap- plication and in the nondiscrimina- tion assurances Incorporated in the said Grant Offer. Seclio.. 3. That the Airport Com- mission of the City of Dubuque, Iowa, acting throngh Its officer or officers desi,gnated by it to so act, is hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. Section 4. That the Grant Offer referred to hereinabove shall be as follows: (attachment), The Sponsor's acceptance of this Offer and ratification and adoption of the Project A'pplicatlon incorp- orated herein shall be evidenced by execution {)f this Instrument by the Sponsor, as hereinafter provid- ed, and said Offer and Acceptance shall compromise a Grant Agree- ment, as provided by the Airp.ort 213 121ii Special'SÉ!SSiôn,l;Ï-ay "19; }975- audAirway , Devell>j)ment ',Act of 1970, constitUting the obligations and rights of the United States and the Sponsor with respect to the ac- complishment of the ¡Project and the operation and maintenance of the'Airport.Snch Grant Agreement shall beéôme eMective upou the Sponsor's acceptance of this Offer and shall remain in full force and eMect throughont the useful life I>f the facilities developed under the Project but, in any event not to exceed twenty years from the dïlte of said acce,ptance. UNITED STATEJS OF AMERIOA 'FEDERAL' AVLATION ADMIN. lSTRAII'.lON By Wm. Jack SaSser (T1'l1LE) Acting for€hief, Airports Divi- sion, central Region Part 'lI"Acceptance of'Tl1e City of'Dwb1ique; Iowa dòes hemby ratify and adopt all state- ments, representations, warranties, covenants, and, agreements contàin' ed in the 'Project Application and Incorporated materials referred to In the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the tel':Ò1s and conditions thereof. Executed this 19th day of May, 197'5. The City' of Dubuque, Iowa (Name of Sponsor) , By C. 'Robert Justmann Title Mayor (SEAL) Attest: Leo F. 'Frommelt City plerk RESOLUTION' NO'. 153.75 Approval of preliminary plans, specíflcatlons, ' form of, contract, plat, and all <¡tiler doCùments for the construétion of Washington Street Tràffic Diverters at an esti- matedcost'of'$1'3,P0:4.44, presented and read. Councilman Stackis mov- ed ,~\loptlon Of the resolution. sec- onded -by Coúncilri1an Brady. Cilr- rled by the following vote: ' yeas-IMayor ' Justmann, Council- men Brady, Stackis, Thoms. NaYS":"None. Æbstain~Councilman Lundh. (N-Ity'f~r ,1h1provement) RESOLUTION NO. 154.75 W'HEJItEAS, proposed plans, spec- id'ications, form of contract have beenduly:prepared IInd approved by tbe City Gouncil of the City of Dubuque and are now on file in tbe office of hte City Cierk show- ing among other things the fol!ow- ing: 1. An estimate of the cost of the proposed improvement for the Washington Street TraMic Diverters. BE IT 'I'IillREFORE RESOLVED that the City Council on Its own motion or upon petition of prop, erty owners, deems it advis~ble and necessary for the public wel- fare to make the herelnmentioned improvement" and unless property owners at the time of the final consideration of this,proposed reso- lution have on file with the City Clerk objections to the proposed improvement, they sl1aH ,be deem. ed to have waived ,all objections thereto. Said improvement shall be con. structed and done in accordance with, the plans and specificatlou£ which have been prepared there, f.ore by the City Engineèr which have beenapp¡-oved 'by the City COuncil and are' no,W on file with the City Clerk. That the cost and ex¡¡ense of making said Improve- ment will be paid from the Road Use Tax 'Ful1ds. . The ~bove resolution was intro- duced, approved, and ordered plac- ed on file with the City Clerk this 19th day of May,' 1975. Approved and placed on file for final action. C. Robert JnstmaniÍ Mayor .' E'mil Stackls James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk 'Councilman StackJS moved ap- proval of the resolution. Second- ed by Councilman Brady.Càrried by the fol!owlng vote: Yeas~Mayor Justmann, 'Council- men Brady, StackÍs. : Nays-Councilman Thoms. Abstain~Councilman Lundh. (Fixing Date' of Hearing) RESOLUTION NO. 155-75 WHEREAS, the City Counci'¡ of the City of Dwbuque, Iowa has giv- en Its preliminary approval on the pro.posed plans, specifications, and form of contract and placed same on file In the office of the City 215 ~~cial:: sesgiøll, May ,19" 197$ Clerk,for pwbllc inspection for the Washington Street Traffic Divert- ers. BE IT THiEREF10RE RESOLVED that on the 9th day of June,,1975, a public hearing will ,be held at 7:30 p.m. In the Council Chamber of the City of Dubuque at which time the ohjectors for the propos- ed improvement may appear and make' o'bjectlon to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be an,d he is herC'by directed to cause a notice of the time and place of such hearing to be pub- lished in some newsp'aper publish- ed in the City of Dubuque which shaH ,be not less than ten (10) d,ays prior to the day fixed for Its con- sideration, and said Clerk Is fur- ther Instructed to advertise for proposals for the construction of th,e aforementioned improvement. Passed, adopted and approved this 19th day of May, 1975. C. Ro,bert Justmann Mayor Emil Staékis James E. Brady Allan T. Thoms Councilmen Section I: The City Council of th~ 'City of Dubuque,ìowa, does hereby accept w~thgratitude the gift of certain real estate from Jackson 'M. Marshall, swbject to the terms and condUions of Said gifl set out in Exhibit "A" hereto at. tached. Secti~n, 2: That the Mayor and City Clerk ,be and, they are hereby authorized and directed to execute said acceptance for and on behaÜ of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. 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, Council- men Brady, Lund'h,Stackis, Thoms. Nays-None. OFFER The undersigned, JACKSON M. MARSHALL, of Dubuque County, iowa, hereby offers to give, grant and convey to the CITY OF DU- BUQUE, an Iowa Municipal Corp- oration, all his right, title and in- terest in and to the fallowing de- scribed real estate, to-wit: The South West ¥4 of the South West ¥4 except right-of-way of.. record, and the North West II. of the South Bast. II. of the South West ¥4, all in Seètlon 10, Township 89 North, Range 2 East of the 5th PiM., together with and subject to easements and restrictions of record, reserv- Ing however, a life estate in the dwelling house and lands con- tiguous thereto su!1ficlent for a yard, together with reasonable and direct access thereto. and said gift to be subject to the following terms and conditions: 1. The real estate which is the subject of ,this Offer, including at Mr., Marshall's ,death .the property subject to the life estate, must be used for public park purposes In perpetuity, with all of the property which is the subject of this ,gift Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Second,ed by Councilman Brady. .carried by the following vote: Yeas~Mayor Justmann, COuncil- men 'Brady, Stackis, Thoms. Nays-iNone. AbstaJn-Councilman Lundh. RESO~UnON NO. ,156-75 WHEREAS, Jackson M. Marshall, by'written:offer.datedMay 8,1975 from"Jackson M, Marshall offering tp convey certain rea,l estate to the Ci,ty of Dubuque asagj.ft; and' 'WHiEREAS, said written offer, a coþyof which is herètoattached and by: reference made a part here- of descrilbes the real estate and sets out the terms of such said gift for park purposes; and WHEREAS, the City Council of tile City of, Dwbuque, fo,wa, deems it in the best public interest that said "offer, be aceepte<;i., , NOW THiERE@ORiE BElT, HiE- SOLVED.,BYTHE,CITY COUNCIiL OFTHiE :QITYOiF'DURUQUE, EOWA: ' 216 Special Session, May 19, 1975 except tbe property subject to life estate, to he open to and available to the pl>bllc no less than one year from the date of acceptance of this gift, said use ,by the public of the park being subject to the regu- lations as to use for parks in the City of Dl>buque, Iowa. In the event said park is not so opened to the public under said name, or is not used perpetualiy for park pur- poses, as provided herein, the titie to the real estate which is the sub- ject of this Offer shall immediately revert to and vest In J'AOKSON M. MARSHALL, If he be then living, aud if not the same shall Immed- Iately pass to and vest In DUBU- QUE A.F.&A.,M. LODGE NO.3 DUBUQUE, 10WA, c/o MASONJC TEMPLE, DUBUQUE, IOWA, with- out restriction. 2. Said park shall perpetually be known as MARSIHALL PAltK and an appropriate and lasting plaque suitæbly affixed honoring the Marshall Family placed at a prominent point near the entrance of said park, the expenses with re- gard thereto to be borne by the City of Dubuque. 3. That all expenses of survey and platting of the property re- served for a life estate, together with all legel fees incident thereto and to the transfer of the park to the City shall 'be borne by the City of Dubuque, along with abstracting costs. 4. Real estate taxes on the prop- erty which is the subject of this gift are currently paid. All other real estate taxes relating to the property which Is the subject of this gift, together with any real estate or other taxes referable to the life estate shall be timely paid and borne by the City of Dubuque. It is contemplated that there will be no gift tax from this transac- tion, however, if there Is any such gift tax the City of Dubuqlle shall have tbe option to either decline the gift or pay the tax, and reim- burse Jackson M. Marshall for any income tax consequences thereof, said decision to be timely made, 5, The City of Dubuque shall re- Imburse Mr. Marshall for any dam- age done by City employees and/or ail third persons for damage to the dwelling house reserved as a life estate herein. 6. Mr. Marshall makes no rep- resentations or warranties with re- gard to ownership,boundaries, or as to rights of access. The convey- ance to the City of Dubuque shall be by Quit Claim Deed. Executed at Dubuque, Lowa, this 8 day of May, 1'97.5. JACKiSON M. M~HALL STATE OF LOWA ) ) ss: COUNTY OF DUBUQUE ) On this 8 day of May, 1975, be- fore me, the undersigned, a Notary Public in and for the State of Io,wa, personally appeared Jackson M. Marshall to me known to be the identical person named in and who executed the within and fore- going instrument, and acknowledg- ed that he executed the same as his voluntary act and deed. DAVID L. HAMMER Notary Public In and for the State of Iowa My Commission Expires Septem- ber 30, 1977. ACCEPTANCE The City of Dubuque, an Iowa Municip'al corporation, does here- by accept with gratitude the above gift, swbject to the terms and con- ditions of said gift, and agrees to hold and maintain said property subject to said terms and condi- tions. CITY ()IF DUBUQUE" IOWA By Robert C. Justmann, Mayor By Leo F. Frommelt, City Clerk RESOLUTION NO. 157.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applicatlous be granted and permits Issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Beecher Co., inc., 1691 Asbury Road Beecher Co., Inc., 2399 White Street . Welsh Enterprise, Inc., Grandview Dairy Store, 620 South Grand" view Spècial'Session, May 19, 1975 Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by C,ouncilman Stackls. Carried by the following vote: yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. RESOLUTION NO. 158.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; ,and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be Issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMITS Beecher Co., Inc., 1691 Asbury Road Beecher Co., Inc., 2399 White Street Welsh Enterprise, Inc., Grandvlew Dairy Store, 620 South Grand- view I Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackls. Carried by the followillg vote: Yeas - Mayor Justmann, Coun- cilmeu Brady, Lundh; Stllckls, Thoms. Nays~None. RESOLUTION NO. 159-75 WHEREAS, applications for Liq- Uor Licenses have been submitted to this Council for approval aud the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that , the following applications be ap- , proved and licenses Issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE D.B.Q., Inc., Shot Tower Inn. 4th and Locust Streets (also Sunday Sales) John F. Hall, Bar X, 2616 Windsor Avenuè (also Sunday SaLes) Passed, adopted and approved this 19th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved ,adop. tlon of the resolution. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 160-75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have receive,d the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were iUspected and found to comply with the State Law and aU City Ordinances relevant thereto and tbey 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. ._-~ 217 ~t& Special.Session,'M:ay 19.,. t915' . CLASS~~C" ,(COMMERCIAl,) BEER AND L'IQUOR ,LICENSI: D.B.Q. Inc., Shot Tower Inn, 4th and Locust St. (also Sunday Sales) John F.Rall, Bar X, '2616 Wind- sorAve; (also ,Sunday Sales) ... Passed, adopted and ,approved this 19th day of May .1975. C. Robert Justmann 'Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen LeoF. Frommelt Clty'Clerk Councilman Thoms moved'adop- tioll of the resolution. Seconded by CouncilmanStaekis.Oarried by the'following vote: , 'Yeas-Mayor Jüstmann, Council- men Brady,Lundh,Stackis, Thoms. Nays--None. RESOLUTION NO. 161.75 WHEREAS,' applications 'for Liq. uor Licenses have been submitted to this Council 'for 'approval and the same have been examined: NOW' THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and ,licenses issued upon the compliance with the provisions of Chapter 131, Aets of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BE'ERAND LIQUOR LICENSE Dubuque Post No.6 of the Amer- ,icanLegion, ,Iowa Department, .1306 ,Delhi ' Passed, adopted and approved this 19th day of May,1975. C. Robert Justmann . M:ayor Alvin E. Lundh 'Emil 'Stackis . " ÀllànT.Thoms Attest: Councilmen :..eo F., Frommelt City Clerk 'Councilman'Thoms moved ádop: !ion of the resolution; Seconded by Councllmlln Staclds.' Carried, by the follOWing vote: " "', '" Yeas - "MayorJu~tmann, Conn. cilmen 'LùÍ1dh, ,,' Stáe!íiS, 'Thoms. 'Nays:..:,coulleihnan' BNidy. , RESOLUTION 'NO. '162.15 WH:EREAS,II1!p)icatiO\is 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 occupledb¡r such, applicants were inspected and foum! to comply with theStateLayv .and all City Ordinances relevant thereto and they have filed proper bonds, NOW, THEREFORE BE IT RE- SOLVED by' the City Couricilof Dubuque, Iowa, that, .the Manager be ,authorized to cause \0 be is. sued to the following Ijamedap- pllcants a Liquor License. CLASS "C" (COMI,IER,CIAL) BEER AND I,IQUOR LICENSE Dubuque Post No.6 ,of the Amer- icanLegion, Iowa Department, 1306 Delhi Street Passed, adopted and approved this 19th, day, of May ID75. ' C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Councilman Thoms'moved adop- tion of the resolution.' Seconded by' Councilman Staclds. Carried' by the'following vote: Yeas - Mayor Jüstmann, Coun- cilmen Lundh, StaCkis, Thoms. Nays--Councllman Brady. There being no further business, Mayor Justmann moved to ad. journ. , Seconded by Councilman Thoms. Carrle'dby the following vote: Yeas--Mayor Justmann, Council- men Brady,Lundh, Stackis, ,Thoms. Nays-None. ' Leo F.Frommelt City Clerk Approved ....................................1975. Adopted ........................;.............1975. .......................................................................m.......' .................................................,..,....................",...... .........................................................................,..,....- """"""""""""""':'ë'å;ïiiëiïmëii"""" Attest: "';"""'Cit;"'~ië¡'¡"';"'~"""" Special Session; May 22; '1975 CITY COUNCIL Special Session, May 22, 1975. .. Council met at 5:00 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen Grady, Lundh, Stack. is, Thoms. Absent - City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of DISCUSSING RULES OF ORDER FOR CONDUCTING COUNCIL MEETINGS and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Mayor Jnst- mann with reference made to 1951 Rules, Resolution No. 250-51, presented and read. Councilman Thoms moved that rule considera- tion be tabled No.1 thru No.5. Seconded by Councilman Brady. Carried by the following vote: Yeas - Councilmen Brady, Lundh, Stackis, Thoms. Nays--Mayor Justmann. At 5:15 P.M. 'Mayor Justmann moved to go into Executive Session to discuss personalities, Iowa Meeting Law and alleged violation of Rule 23. The City Solicitor sug- gested to review last Council ¡ Meeting, Public Health and Safety. ' Councilman Brady refused to gO into Executive Session. Mayor Justmann moved that the motion to go into Executive Session be withdrawn. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Brady requested Council to absolve him of any charges labeled against him by the Mayor at this Meeting. Seconded by Councilman Stackls. Vote on the motion was as follows: Yeas-Councllmen Brady, Stack- is. Nays - Mayor Justmann, Coun- cilmen Lundh, Thoms. MOTION FAILED. APPEAL DE- NIED. Councilman Brady moved to go into Executive session to elect a 219 new'Mayor. Seconded by Council. man Stackis, Vot~ on the motion was as follows: Yeas - Councilmen Brady, Stackis. Nays-Mayor Justmann, Council- men Lundh, Thoms. MOTION FAILED. Councilman Lundh moved to go into Executive session to elect a poses ()f' resolving couricii'sìnte,... nal differences. ~OTION DIED FOR LACK OF A. SECOND. Councilman Brady moved that the City Council go on record as offering an apology to the Com- munity of the events that have haPpened, at this meeting and at last Monday night's meeting and strive to get along more harmoni- ously, MOTION ÐIEÐFOR' LACK OF-A: SECOND. Mayor Justmann moved that if Councilman Brady is so inclined äS'lIfter what has happened he submit his' resignaÌlon of which he spoke. MOTION DIED FOR LACK OF A SECOND. Councilman Lundh moved that Mr. Brady be given one week if he wishes to resign or work with- in the rules of the Council and that the decision be his, further amended by Councilman Thoms and Council censure Mr. Brady of acts injurious to the Council on Monday evening, May 19th, in the following manner; specifically in violation of Rule 6 being that the Mayor shall preserve and decide questions of order subject to ap- peal of the Council; Rule 23 and specifically referring to actions in- jurious to the harmony of the Council; and Rule 3 said actions being direct cause of effecting damage to a contractural agree- ment approved by Council major- ity. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cllmen Lundh, Thoms. Nays - Councilmen Brady, Staclds. There being no further business, Councilman Thoms moved to ad- journ, Seconded by Mayor Just- mann. Carried by the fallowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-Councilman Brady. Special Session, May 27, 1975 CITY COUNCil OFFICIAL Special Session, May 27, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen Brady, Lundh, Stackls, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON. DUCTING A PUBLIC HEARING ON THE ISSUANCE OF NOT TO EXCEED $1,750,000.00 OF INDUS. TRIAL DEVELOPMENT REVE. NUE BONDS (BETHANY HOME PROJECT) and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Corps of En- gineers advising of Notice of Pub- lic. Hearing on June 19, 1975, at Rock Island concerning dredging & dredged material disposal op- erations in connection with main- taining a nine foot channel, pre- sented and read. Councilman Thoms moved that. the communi- cation be received and filed and referred to Council. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of T. Edmonds of 710 Laurel Street proposing closing ,of Grandview entrance of Murphy Park to all but pedestrian traffic and allow motorized traf- fic from Kerrigan Road to proceed only to the main parking area, pre- sented and read. Mayor Justmann moved that the communication be referred to the Park Board for rec- ommendation. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Board of Dock Commissioners recommend- ing vacation of Tower Street to Fischer industries, also having no objections to the vacation of Front Street to Dubuque Lumber Co., presented and read. Mayor Just- mann moved that. the communi- cation be received and filed and 'referred to the Dock Commission, City Manager and Council. Sec- onded by, Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Board of Dock Commissioners submitting minutes of meetings of April 30th and Mya 14th with particular reference to charges for boat launching ramps, presented and read. Mayor Justmaun moved that the commu. nication be received and filed. Seconded by Councilman Stackls. Carried by the fallowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays--None. May 21, '1975 Honorable Mayor and City Council I hereby submit the annual statement for 1974 for Peoples Natural Gas Division. Gilbert D. Chavenelle City Manager Mayor JUstmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. ProM of Publication, certified to by the Publisher, of List of Re- ceipts and Disbursements and list of claims for April, 1975, present- ed and read. Councilman Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays-None. May 22, 1975 Honorable Mayor and Members of the City Council I have approved the following policy and desire to have your approval for .filing same. GENERAL LIABILITY Louis Jaeger Policy No. CL086462 G. L. and WC 023127 in force 221 222 Special Session,' May- 27, 1975 iròm 12-16-74 to 12-16-75, Amer- ican States Insurance Co. Gilbert D- Chavenelle City Manager Councilman Thoms moved thàt the communication be received and flied and filing approved sub- ject tò the approval of the City Attorney. Seconded by Mayor Just- mann. Carried by the following v'oté: ' Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays--None. Commuuication of Low'Rent Housing Commission submitting mInutes of their meeting of May 20, 1975, presented and read. Coun. cilman Thoms moved that the minutes be received and filM. Seconded by, Councilman Lundh. Carried by the following vote: Yeas - Mayor JustnliÙm; Coun- cilmen, IIrady, Lundh, Stackis, Thoms. Nays--None. Communication of Medical As- sociateS advising until such time Council and Planning & Zoning Commission may lie able to amend Ordinance No. 10,73; they have elected to discontinue the sale of lenses etc" this voluntary action is without prejudice to the rights of Medical Associates, presented and read. Councilman Stackis Roved that the communication be received and flied and two pro- posed Ordinances be filed with the City Clerk. Seconded by Council- man Brady. Carried by the follow- ing vote: - Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Stackls, Thoms. Nays-None. Communication of Planning & Zoning Commission submitting minutes of their meeting of May 21, 1975, presented and read. Councilman Thoms movM that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas -'Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. -NllY5'--None. Communication of Elaine Bax- ter of Burlington, Iowa,advising of Preservation Conference to be held In Burlington, Iowa, present, edand read. Mayor Justmanll moved that the communication be referred to Dan Dittemore. Sec- onded by Councilman Stackis. Car' ried by the following vote: Yeas - Mayor Justmann, Coun- cilmenBrady, Lundh, Stackls, Thoms. Nays~None. , Communication of Congressman Michael T. Blouin submitting Fed. eral guidelines to be applied, in evaluating, activities involving ,the discharge of dredged materials from the. Mississippi River, pre. sented and read. Mayor JUstmann moved thllt the commullication be received and filed and referred to Staff. Seconded by Councilman Stackis. Carried by the following vote: - Yeas - Mayor Justmann, Coun- cilmen Brady, Lúndh, Staclds, Thoms. Nays-None. , ,Communication of Congressman MlchaelT; Blouin advising òf II public hearing to be held on June 17th at Kansas City, Mo., relating to municipal waste, water treat- ment plants, presented and read. Mllyor Justmann moved that the ~ommunication be received and filed. Seconded by Councilman Siackis. Carried by the fallowing vote: Yeas - Mayor Justmann, coun. cilmen Brady, Lundh, Staclds. Thoms. Nays--None. Communication of Congressman Michael T. Blouin making arrangé. ments for the purchase of a 5' x 8' outdoor nylon flag for City Hall, after being flown over the Capitol it will be forwarded to the City, presented and read. Mayor Just- mann moved that the communica- tion be received and filed. Second- ed by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. Communication of Senator Dick Clark being much Impressed with Dubuque's BeautifiCation Project, presented and read. Mayor Just- mann moved that the communi- cation be received and filed. Sec- onded by Councilman Stackis.Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. NaY5'--None. Spèêial SessÍ(}n,May 27, 1975 , Notice, of Claim of Frances M. Haupert, in the amount of $50, for replacement cost of glasses as the result of. a fall on a defective sidewalk at 285 N. Grandvlew on May 15, 1974, presented and read. Councilman Thoms moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas -Mayor Justmann, Coun. cilmen Brady, Lundh, Stackls, Thoms. Nays-None. Notice of Claim of Lloyd L. Pet. erson, in (he amount of $5,000, for personal injuries received in a fall at an excavation on Second Street at the alley intersection on April 17. 1975, presented and read. Coun- cilman Thoms moved that the n(}o tice of claim be referred to the City Solicitor for proper proceed. ,Ings. seconded by Councilman Lundh. Carried by the following vote: 'Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays--None. May 23, 1975 Honorable Mayor and City, Council The City of Dubuque Planning and Zoning Commission has held a p¡¡blic hearing on the petition of Harold Miller requesting Multiple- residence, professional office clas- sification on property described as Lot 10 of Block 3 In the Mettel- Link Subdivision. This property is located at the southeast corner of the intersection of JFK Road at Carter Road, and is presently in the , Single-family Residence clas- sification. The Commission has found that single-family residence use is no longer appropriate on lots origi- nally platted for that purpose but fronting on JFK Road. In similar situations in the Westside Manor Subdivision and in the Westches- ter Subdivision,' the Commission and Council have favored the use of the Multiple-family, profession- al office ciassification as an appro- priate buffer betwee¡¡. t)Ie existing single-family residences and JFK Road. The Commission has deter- mined that this policy is applica- ble. to Lot 10 of Block 3 and has recommended that the petition for Multiple-residence and inclusion in ,paragraph (h), for professional office use, should be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance and Zoning Map of t)Ie City of Du- buque, Iowa," by amending Arti. cle IV" Section 2(h) thereof to include "Lot 10 of Block 3 of Met- tel-Link Subdivision," in which pro- fessional offices or studios of a Physician, Dentist, Architect, En- gineer, Lawyer, Realtor, Insurance, Musician, or similar professions may be permitted, presented and reM. Councilman Thoms moved tbat the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Stackis. Carried by the foIiow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays--None. Councilman Thoms moved that the rule requiring an Ordinance to be read on three ,separate days be waived.' Seconded by Couucil- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. Councilman Thoms moved that a public hearing be held on the Ordinance on June 23, 1975, at 7:30 o'clock P.M- in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the-manner required by law. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. ,Petition of DubUque Transit Trustee Board requesting a work 223 224 Special Session, May 27, 1975 session with the Council, the Transit Authority and representa- tives from Dubuque Metropolitan Area Transportation Study, pre- sented and read. Councilman Stackis moved that the petition be received and filed and work ses- sion scheduled for June 11, 1975. Seconded 'by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stàckls, Thoms. Nays--None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to consider adoption of a resolution declaring its Inten- tion of issuing $1,750,000. Indus- trial Development Bonds for Beth- any Home Project, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for tbe hearing. Mayor Justmann moved that the proof of publication be received and filed. Seconded by Council- man Stackls. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 163.75 Resolution Approving Proceed. ing with the issuance and sale of not to exceed $1,750,000.00 aggregate principal amount of industriel development (Health Care Facility) revenue bonds (Bethany Home Project) WHEREAS, notice of hearing on the proposal to issue not to ex- ceed $1,750,000.00 aggregate prin- cipal amount of Industrial Devel- opment (Health Care Facility) Rev- enue Bonds (Bethany Home Proj- ect), of the City of Dubuque, Iowa, pursuant to the provisions of Chap- ter 419, Iowa Code, 1973, as amend- ed, has been published as re- quired by law; and WHEREAS, a public hearing has been held and any and all objec- tions or other comments relating to such Bonds have been heard and it Is deemed to be in the best interests of the' City of Dubuque, Iowa, that said Bonds be issued as proposed: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That any and all ob- jections to the issuance of the above mentioned Bonds for the benefit of Bethany Home, an Iowa non-profit corporation, are hereby overruled. Section 2. That this Council shall proceed with the necessary proceedings relating to the issu- ance of said Bonds as soou as the required documentation has been prepared by Bond Counsel, and approved by the City Attorney of said City. Provided that this Reso- lution shall' not be construed as giving approval to the draft Loan Agreement and the draft Inden- ture of Trust. Further provided that the City reserves the right tò approve the Loan Agreement, Trust'Indenture and, to the extent applicable, interim financing ar- rangements prior to the final' ap- proval of the issuance and sale of the bonds. Section 3. That in accordance with Section 419.2, Iowa Code, 1973, this Council, based upon nec- essary investigations finds that the rentals for such Health Care Facility Project, as contemplated, if a lease Is entered into between the City and the Health Care Fa- cility, will be not less than the average rental cost for like or sim- ilar facilities within the competi- tive commercial area. Section 4. That said Bonds, when and if issued, and the interest thereon and any premium, will be payable solely out of the revenues derived from said Health Care Fa- cility, Project and shall never con- stitute an indebtedness of the City of Dubuque, Iowa, within the meaning of any state constitution- alprovision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of Dubuque, Iowa, or a charge against its general credit or taxing powers. Passed and approved, May 27, 1975, C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Special Session, May 27, 1975 Yeas ~ Màyor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for construction of City of Du- buque 1975 Paving Project Nò. 1; Dodge Street from Bluff to 325' east to Grandview: Dodge, Street widening; Cherry Street alley; Alt- hauser St., Asbury Rd., Edison St., E. 14th St., Fengler St., Grandvlew Ave., Loras Blvd., Mt. Carmel Rd., Paul St., Pennsylvania Ave., Rock- dalé Rd., Ninth St. & University widening, presented and read. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackls. Carried by the fallowing vote: Yeas - Mayor Justmann,Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Statement of City Clerk certify- ing that notices have been mailed by certified mail on May 9th, to property owners of record, for con- sideration on resolution of neces- sity and public hearing, presented and read. Councilman Stackis moved that the statement be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Margery Gansemer et al objecting to proposed im- provement of Asbury Road from the E.P.L. of Crissy Drive to the W.P.L. of Garter Road, presented ami read. Councilman Thoms moved that the petition be re- ceived and filed. Seconded by Councilmàn Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. Councilman. Thoms moved to suspend the rules to let anyone present address the Council if they, so desire. Seconded by Coun- cilmanStackls. Carried by the fol- lowing vote: Yeas - Mayor Jusbnann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays--None. Paul Schnorenberg, Grace Schnorenberg, Chuck Pierson, ,Dick Hansel and Mrs. Lester Schwinn addressed the Council objecting to the proposed improvements on As- bury, Road. . Co,uncilman Stackls moved that Asbury Road from the E.P.L. of Crlssy Drive to the W.P. L. of' Carter Road be eliminated from the City of Dubuque 1975 Paving, Project No. 1. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann.' Coun- cilmen Brady, Stackis; Thoms. Nays--Councilman'Lundh. Petition of Lila Manthey et al (21 signers) objecting to thè pro- posed paving of Paul Street, pre- sented and read. Councilman Stackls moved that the petition be received and filed. S~conded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Dewain Manthey, Leonard Zeliu- skas, Pat Gross, Mel Griesinger, Clem Welsh and Virginia Grimes voiced objections to the paving of Paul Street. Gerald L. Flotes spoke in favor of the improvement. Councilman Thoms moved that Paul Street be retained in the City of Dubuque 1975 Asphalt Paving Project No: 1. Seconded by Coun- cilman Stackls. Carried by the fol- lowing vote: Yeas-Councilmen Brady, Lundh, Stackis, ' Thoms. Nays-Mayor Justmann. Pètltion of Bob Malo et al in- dicating support for construction of Rockdale Road., if truck traffic is prohibited and also, that high speed traffic be controlled, pre- sented andread,CouncilmanStack- is moved that the petition be re- ferred to the, City Manager and Staff. . Seconded by Mayor Just- mann. Carried' by, the following vote: Yeas ,~. Mayor Justmann, Coun- cilmen ' Brady, Lundh, Stacki., Thoms. Nays~Nòne. 225 Special Se,S'sion,Mäy27; :1975 , 5: Fengler Street from a point 50 feet west of the Overpass to a point 50 feet èastof the Overpass. 6. Grandview Avenue from the porth curb line of Kaufmann Ave- nue to the north' curb line of Karle' street. 7. Loras Blvd. and University Intersection-Island ' II. ' Mount Carmel Road from the north property line of Soutl1 Grandview Avenue north 517 feet to the end of the existing conc~ete pavement. 9. Paul Street from the north property line of Clarke Drive to the ' south property ineof Lowell Street. ' , 10. 'Pennsylvania Avenue from the west curb line of John F. Ken- !ledy Road to the west property line of Key Knolls Sub~ivlslon. U. ' !!.ockdale Road' from the south property line of A. H. Oeth S!,bdivision No.4 to the Old City limits, a distànce of 2,121.27 feet. 12. Ninth Street aJ¡d University 'Avenue Intersectloll-widening at the southeast corne~. BE IT THEREFO!!.E 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 !¡ereln mentioned improvement, and unless prope~tr owners at the tiure of the"final consideration of this pr"posed res- olution have on file with the City Clerk objectionS 'to the',amount of I the , proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engine,er which have been approved hy the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owr¡ed prop- e~ty lying, within". assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or Is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, andauy 'deficiency shall be' paid out of the'gèneral'fuhd, improvement funds or sewer funds, or partly out of each of said funds: Street Iinprovement Bonds shall be issued and sold in antici- pation of deferred payments of as. sesSments when' a contract has been Pefformèd and àccepted' and the proceeds thereof' used to pay the contractor. The ràilway par' tian" of' any street or" assessm(mt district shall' be ' assessed, to ani! paid by the' railway company. The above resolution wasintrÔ' dticed,' approved and ordered placed on file With the City Clerk this 5th day of May, 1975. ~ECO~!) PF FINAL,ADOl'l'ØN TJIe, foregoing resoh¡tion" was finally passed and .dopte~, as amended by the City Council this 27th day of, ?Jay, 197~. ," c. nobert ,t!lsima,,~ Mayor, '.. Alvin E. tundh !!:mil Staclds ' "Tanies,E. Brady AlIillÍ T. Thoms , Counci@en' Attest:' Lea F. Frommelt City Clerk , . Councilman Thoms moved JiDaI àdoptlon of the resolution. Second- ed by Mayor Jûstinann. ,Carried by the fallowing ,vote: - ,Yeas - Mayor Justn¡ann, Coun- cilmen Brady, Lundh,' StI\clds, Thoms. " Nays~None. Decision of Council upon obiec. , tions to plans, specifications, form of contract and cost of 1m. provements, , RESOLUTION ';"'0.165;75 WHEREAS, propOsed "plans and specifications, and form of ,cor¡. tract, for the City, of Dubuque 1975 Asphalt Paving Project No.,!: .. SECTION I , Dodge, street from the east curb line of' Bluff Street to a point 325 feet east of the. east curb line, of Grandview Avenue. SECTION II.. Dodge Street widening from the east curb line, of, Grandview Ave- nUe to a point 325 ,feet east of the e,ast curb line of Grandvicw Ave- nue. SECTIONIIJ 1. Alley from the. west end' of Cherry Street to the north' curb line, ,of Pennsylvania Avenue. ~1 228 Special Session, May, 27, ; 1975 ',2. Althauser Street from the south curb line of Edison Street to the east curb line of Stafford Street. 3. Edison Street from the west curb line of Althauser Street to the ,east cur,b line of Stafford Street. 4. East Fourteenth Street from the east curb line of White Street to the,'west curb line of Elm Street. 5. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet east of the Over. pass. ,6. Grandview Avenue from the 110rth 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 Grandvlew Avenue nortb 517 feet to the end, of the existing concrete pavement. 9. Paul Street from the north property line of Clarke Drive to the south property line of Lowell Street. 10. Pennsylvania Avenue from the west curb line of John F. Ken- nedy Road to the west property line of Key Knolls Subdivision. ,11. ,Rockdale Road from the south property line of A. H. Oeth Attest: Subdivision No.4 to ,the old City Leo F. Frommelt limits, a distance of 2.121,27 feet. City Clerk 12. Ninth Street and University Coul1cilman Thoms movedadop- Ave,nuelntersectlon - widening tion of the resolution. Seconded at the southeast corner. . by Mayor Justmann. Carried by Have been approved by the City the following vote: Cpuncil ,of the City of Dubuque Yeas - Mayor Justmann, Coun. and public notice given as provid- ~~'::,;~. Brady, Lundh, Stackis, cd by qhapter 23 of the Code of Nays-None Iowa, 1973 pertaining to public . contracts and bonds, and the time (Ordering Construction) and place fixed for the hearing of RESOLUTION NO. 166.75 all objectious to said plans, speci- BE IT RESOLVED by the City flcatlons or contract for or cost of Council of the City of Dubuque such improvements, said time be- thktpursuant to a resolution of ing this 27th day of ,May, '1975; I' necessity No. 117-75 which was and duly passed by this Council, for ,WHEREAS, the , CIty Council the .City of. Dubuque .1975 Asphalt met in special sessiòn this 27th Pavmg Project No.!.. day of May, 1975, at 7:30 o'clock I SECTION I P.M. at the Council Chambers in I Dodge Street from the east curb the City Hall' for the purpose of line.of Bluff Street to a point 325 hearing all interested parties and feet ea~t of the east curb line of considering any and all objections Grandvlew Avenue. which have been filed to .the pro- I SECTION II posed plans, specifications or con-, Dodge Street widening from tract, for ,or cost of the improve- : the east, curb line of Grandvlew ment ¡erein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been ,duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said Improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ,approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent ree- lord in connection ,with said im- provement. Passed, adopted and approved this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen SpecIal Session, May 27, 1975 Avenue to a point 325 feet east of the east curb line of Grandvlew Avenue. 229 from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the RUT. Fund. Pay- ment will be made to the con- tractor out of funds realized from the sale of street improvement bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to 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 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. Passed, adopted and approved this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen 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 east of the Overpass. 6. Grandvlew 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 Grandvlew 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. Kennedy Road to the west prop- erty line of Key Knolls Subdlvi- Attest: sion. Leo F. Frommelt 11. ' Rockdale Road from the City Clerk ' south property line of A, H. Oeth Councilman Thoms moved adop- Subdivision No, 4 to the old City tion of the resolution. Seconded limits, a distance of 2,121.27 feet. by Mayor Justmann. Carried by 12. Ninth Street and University the following vote: Avenue Intersection-widening at Yeas - Mayor Justmann, Coun- the southeast corner. ilmen Brady, Lundh, Stackis, Be and the same are hereby 01'- Thoms- dered and constructed by this Nays-None. Council up?n its own mot.i?n and COUNCIL RECESSED AT with or wilhout the petition of 10'10 PM ~~~¡;erf;. ~::~~ct~Jl I~heac:o~d~ RECONVENÈD AT'10:18 P.M. ance with the plans and speclfica- Proof of Publication, certified tlons heretofore adopted and now to by the Publisher, of Notice of on file In the office of the City I Pendency of Resolution of Neces- Clerk. sity for construction of School Sig- BE IT FURTHER RESOLVED nal Improvement Project; J.F.K. that the cost and expense of the: Road as Eisenhower, Pennsylvania said improvements be paid for by , at Irving, Loras Blvd. between levying special assessments against I Glen Oak aud Booth, W. Locust at the privately owned property ly- I Jackson School, Bryant at Bryant ing within the assessable distance School, Central Ave. at Fulton 230' Special Session" May 'Cf; '1975 School, Central Ave. at Holy Ghost School, White Street at St. Mary's School, Central Ave. at 15th St., Rhomberg Ave. at Marshall ScMolànd'Rhomberg Ave. at Holy Trinity School"presented and read. No written objections were filed, and no oral objectnrs were present iu ' the' Council Clíaìnber at the time set for the hearing. Council' man Thoms moved that the proof of publication be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: ' Yea" - Mayor Justmanll, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. (Necessity For Improvement) RESOLUTION' NO. 130.75 WFIEREAS, proposed plans, specifications, form of' contract have beén duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the School Signal Improvement Proj- ect. John F. Kennedy Road at Eisen- hower School PennsyIVanià Avenue at Irving School Loras Boulevard between Glen Oak, and' Booth West Locust Street at Jackson School Bryant Street at Bryànt School Central Avenue at Fulton School Central Avenue at Holy Ghost School White Street at SL Mary's School Central Avenue at 15th Street Rhomberg Avenue at Marshall School Rhomberg Avenue at Holy Trin- ity School BE IT THEREFO1\E RESOLVED that the City Council on its own motion or 'upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the proposed improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con' structed and done In accordance with the plans and specifications which have been prepared there. fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of maldng said improve- ment will be paid fròm the Road Use Tax Funds. The above resolution was In- troduced, approved, and ordered placed on file with the City Clerk this 5th day of May, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was' finally pas"èdand adopted, as pfo- posed, by theéityCouucll this 27th day of May, 1975. C. Robert Justmann Mayor ' Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk CO\lncilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun" cllmen Brady, Lundh, Staclds, Thoms. Nays--None. Decision of Council upon oblec" lions' to plans, ' specifléatiol1s, fofm 'of' contract end cost of improvements RESOLUTiON NO. 167.75 WHEREAS, proposed plans and specüications and form ofcontracf for the .sCHOOL SIGNAL IM- PROVEMENT PROJECT. John F. Kennedy Road at Eisen- hower School Pennsylvania Avenue at Irving School Loras Boulevard between Glen Oak and Booth West Locust Street at Jackson School Bryant Street at Bryant School Central Avenue at Fulton School Central Avenue at Holy Ghost School White Street at St. Mary's School' ;Special Session, May 27, 1975 Central Avenue at 15th Street Rhomberg Avenue at Marshall School Rhomberg Avenue at Holy Trin- ity School Have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1973, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hear- ingof all objections to said plans, ,specifications or contract for or cost of such improvements, said time being this 27th 'day of May, 1975; and "Whereas the City Council .ìnèt in special session this 27th daY of May, 1975, at 7:30 o'clock P.M. at the Council Chambers in "the CitY,:Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con. tract for or cost Of the improve- ment herein described and pro' posed to be made; and WHEREAS; all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered, now, therefore BE IT RESOLVED by the 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, I 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 ilU'provement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this ~7th day of May, 1975. , C. Robert Justmann Mayor Alvin E. Lundh Emil, Stackis James,E.Brady AllanT. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas,- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. (Ordering Construction) RESOLUTION NO. 168.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 130-75 w1Jich, was duly passed by this Council for the improvement of School Signal Improvement Project. John F. Kennedy Road at Eisen- hower School Pennsylvania Avenue at Irving School Loras Boulevard between Glen Oak and Booth West Locust Street at Jackson School Bryant Street at Bryant School Central Avenue at Fulton School Central Avenue at Holy Ghost School White Street at St. Mary's School Central Avenue at 15th Street Rhomberg Avenue at Marshall School Rhomberg Avenue at Holy Trin- ity School Be and same is héreby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All work shall he constructed in accordance with the plans and specIfications heretofore adopted and now on file in the office of the City Clerk. BE IT ,FURTHER RESOLVED that the cost and expense of said improvement be paid from the Road Use Tax and TOPICS. BE' IT FURTHER RESOLVED that this resolution being deemed urgent, and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. The City Clerk is instructed to ad- vertise for proposals for the. con- struction , of the above improve- 231 232 Special Session, May 27, 1975 ment. Passed, adopted and ap- proved this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady AllanT. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays--None. RESOLUTION NO. 169.75 Resolution Amending Resolution No. 279.74 Approving "West- chester" in the City of Dubuque, Iowa, for the Purposes of Add- ing a Street Previously Not In. eluded. Whereas, there has been re- corded In the Office of the Coun- ty Recorder for Dubuque County, Iowa: A plat of "Westchester" in Section 21, Dubuque Township now in the City of Dubuque, Iowa, by Westchester Inc. as Owner thereof, and Whereas, previously hereto, Res- olution No. 279-74 was adopted on the 22nd day of July, 1974, for the purposes of accepting "Westches- ter," and inadvertently Venture Court was not mentioned as being dedicated and accepted by the City of Dubuque, Iowa, and Whereas, Venture Court should have been Included as a street, and Whereas, said plat was exam- inedby the City Planning & Zon- Ing Commission and approved by said body, and Whereas, on said plat appears streets to be known as Southway, Delmonaco Drive, Venture Court and Dana Drive, and also ease- ments for public utilities which the owner upon said plat has dedi- cated to public forever, and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto' except that the streets have not been re- duced to grade or paving, sewer, water or sidewalks installed there- in; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section I. That the dedication of Southway, Dana Drive, Delmon- aco Drive and Venture Court to- gether with the easements for pub- lic utilities all as the same ap- pears upon said plat, be and the same are hereby accepted and that said streets be and are hereby es- tablished as public streets in the City of Dubuque. Section 2. That "Westchester" is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque providing the Owner of said prop- erty, hereinbefore named, exe- cutes written acceptance hereto attached, agreeing: a. To reduce Southway, Delmon- aco Drive, Dana Drive and Venture Court and to grade as shown by the profiles submitted and ap- proved by the City Engineer on July 19, 1974. b. To surface all streets a width of 31 feet with 6'14" of Portland Cement Concrete Pavement in- cluding 4" rolled stone base bed- ding or 8" Rolled Stone Base with 2',2" Bituminous Concrete Surface. All of the foregoing shall be con- structed according to the latest City of Dubuque Specifications and In conformance with plans ap- proved by the City Engineer on July 19, 1974. c. To install sidewalks on both sides of the streets all in accord- ance with the City of Dubuque Standard Specifications for perma- nent sidewalks. d. To install water mains In ac- cordance with plans submitted and approved by the City Engineer on July 19, 1974. e. To install sanitary sewers in accordance with Plans submitted and approved by the City Engi- neer on July 19, 1974. f. To Install the sanitary sewer and water house laterals for each lot to be behind the property lines in accordance with plans submit- ted and approved by the City En- gineer on July 19, 1974. g. To construct all the improve- ments' in accordance with plans Special Session, May 27, 1975 and specifications approved by the City Manager and under the in- spection of the City Engineer. h. To install the storm sewer system in accordance with plans submitted and approved by the City Engineer on July 19, 1974. i. To maintain all street im- provements and Sewer and water mains and respective laterals with' in tbe public right of way for a period of four years from the date of Its acceptance. j. To construct all said im- provements prior to November 30, 1976. k. To provide all the construc- tion and maintenance at the ex- pense of the Owner. 1. To be responsible for any damage to existing utilities during construction including silting of catch basins due to runoff from stripped areas of land, and further repair said damages Immediately upon notice from the City of Du- buque. m. To install in accordance with City Specifications, boulevard street lighting within 30 days af- ter the completion of tbe adjacent curb and gutter within any par- ticular section of the proposed subdivision. n. To protect and maintain the earthen and sodded berms con- structed on the westerly area of the subdivision for the purpose of collecting storm runoff and same shall become a permanent and Iti- corporated part of the final grad- ing and landscaping of the subdi- vision. Any damages of said berm or regrading thereof shall be cor- rected at the owners expense im- mediately by the owner upon noti- fication of the City of Dubuque. And further provided that West- chester, inc., as Owner of said Subdivision secured the perform- ance of the foregoing conditions by providing security in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Westchester, Inc. shall fail to exe- cute the acceptance and provide security provided for in Section 2 hereof within 45 days from the date of this Resolution, the pro- visions hereof of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 27th day Of May, 1975. C. Robert Justmann . Mayor James E. Brady Emil Stackis Alvin E. Lundh Allan T. Thoms Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required for the foregoing Resolution 169-75 has been pro- vided by the Owner. Dubuque, Iowa, June 2, 1975. Gilbert D. Chavenelle City Manager Aoceptanée of Resolution No. 169.75 Westchester, Inc., having read the terms and conditions of the foregoing Resolution 169-75, and being familiar with the contents thereof, hereby accept the same and agree to perform the condi- tions therein required. WESTCHESTER, INC. By Homer V. Butt, President and Ed Turnquist, Secretary Dated June 13, 1975. Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the fallowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to the Public that the Council sub- mitted to the U.S. Department of Housing & Urban Development an application for a Community De- velopment Block Grant, presented and read. Councilman Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Low-Rent Housing Commission submitting resolutions for a request to con- vert Section 23 Housing Assist- ance Payments Program to Section 8 Housing Assistance, also direct- ing the submission of an applica- - 233 ',234, Special Session, May 27, '1975 tionfor a low income housing pro- gram under Section 8, presented and read. CouncilmanStackls moved that the communication be received and filed. Seco,nded by Councilman Lundh. Carried by the following vote: Yeas '- Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays--None. RESOLUTION NO. 110.75 , Authorizing the submission of a,request to convert a Section 23 +lousing Assistance Payments Program toe Section 8 Housing Assistance Payment Program 'WII!DREAS, lInder date of May 5, 1975;'Citÿ Council adopted Resolution No. 127-75 authorizing the execution and submission of an Annual ContributionS Contract to undertake a Section 23 Housing Assistance Payments Program: and - ! WHEREAS, pursuant to the rules and regulations governing the Section 8 Housing Assistance Payment Program published on May ,5, 1975, local housing agen- cies are provided an option to convert Section 23 housing pro- grams to the Section 8 program; and 'WHEREAS, it Is deemed to be in the best Interests of the City of.Dubuque to request such a con- ,v.etslon;l\oW therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: ' , S:E,CTION 1. That the Mayor of th" City of Dubuque be and he is hereby authorized and directed tò advise the Secretary of the U.S. Del'àrtment of Housing, and Ur- ban Development that the City of Dubuque wishes to convert the Section 23, Housing Assistance Payments 'Progràl'n authorized' by ,tlie Al1nual ' Contributions Con- tract No. KC 9004 to a Section 8 lIousing AssistallcePayment Pro- gram. ' 'SECTION 2, That the City Man- ager and the Director of, the De- partment of Community Develop- ment be and they lIre hereby au- thorized and directed to provide such additional supportlngdocu- mentation which may be required by the U.S. Department of Hous- illg and Urban Development to éffect such a conve..iðn, Passed, approved and adopted this 27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F, Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays'-None. RESOLUTION NO. 171-75 Authorizing and directing the submission of an application for a low Income housing program under Section 8 of the United States Housing Act of 1937, as amended. WHEREAS, the City of Dubuque has found and determined that there Is a need for low-renthous- Ing to meet certain needs not he- Ing adequately met by private en- terprise within Its area of opera- tion: and WHEREAS, under the provisions of the United States Housing Act of 1937 as amended, the Secretary of Housing and Urban Develop- ment is authorized to provide fi- nancial assistance to public hous- Ing agencies for low.rent housing; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa SECTION 1. That the Mayor of the City of Dubuque ,be and he is hereby authorized and, directed to execute and send to the Secretary of the Department of Housing and Urban Development aU application for financial assistance for one hundred seventy five dwelling units to be provided by leasing privately owned existing housing under Section 8 of the United States Housing Act of 1937. ' SECTION 2. That the City Man- ager and the DIrector of the De. partment 'of Community Develop- 'ment be and they are hereby au- thorized and directed to provide such additional supporting docu- mentation which may be -requIred by the Department of Housing and Urban Development.- Special, Session, May 27, 1975 SECTION 3. In connection with the development and operation of any program or activity receiving Federal financial assistance under the United States Housing Act of 1937, regardless of when such pro- gram or activity or any portion thereof was or Is initially covered by any contract, the City of Du- buque will comply 'with all re- quirements imposed by Title VI of the Civil Rights Act of 1964, Title VIII of The Civil Rights Act of 1968 and Executive Order 11063, Passed, approved,and adopted this 27th day of May; ,1975. C. Robert Justmann M'åyór ' Alvin E,Lundh 'Emil Stackis ' James' E.' Brady Allan T.Thoms Councilmen Attest: Lèd 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, Stackls, Thoms: Nays-None. RESOLUTION NO.' 172-75 WHEREAS, the City of Dubuque, Iowa and Inns of Iowa, Ltd. have; arrived at terms of agreement in connection with the Installation; construction and maintenance of a frontage road to serve the fa- cility known as a Ràmada Inn at the intersection of Division Street and Highway 20 in the City of Du- buque, Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa, has examined said agreement and finds that same should be ap- proved. , NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section Ii That the agreement by and between the City of Du- buque, Iowa and Inns of Iowa, Ltd., a copy of which Is hereto at- tached, marked Exhibit "A" and by reference made a part hereof, be and the same is hereby ap- proved, and the execution there. of for and on behalf of the City Is hereby directed. Section 2: That, the, :Mayorand City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City, and to do' any and all things necessary and incidental to the execution of said agreement. Passed, approved and' adopted this 27th day ,of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil. Staclds James E. Brady Allan To Thoms Councilmen Attest: Leo F. Frommelt City Clerk ' Councilman Thoms moved adop, tlon of the' resolution. Seconded by CouncllmanStackis: Carried by, the following vote: Yeas - Mayor Justmånn, Coun- cilmen Brady, Lundh, ,Stackis, Thoms. Nays--None. RESOLUTION NO. 173.75 WHEREAS, the Inns' of Iowa, Ltd.~Dubuque is the owner of the following-descrIbed real estate: The northerly 7 feet of the fol- lowing-described part of Lot 1 of Lot 2 of Hawkeye Stock :Farm in Section 27' and 28, Township 69 North, Range 2, East, of the 5th P.M. and a vacated part of Divi. sion Street; commencing at the West One Quarter Corner of Sec. tion27, Township 89 North; Range 2 East of the 5th principal \IIeridi. an; thence South 481.07 feet to the southerly. right-of-way line of U.S. Highway 20;' thence South 88 degrees 12' 45" West, 3.00 feet to the point of beginning; thence North 88 degrees '12' ,45" East, 891.45 feet along said southerly right-of-way' line; thence 'South ,1 degree9'16" East, 225.60 feet; thence South 88 degrees, 34' 30" West, 333.00 feet; thence South 3 degrees 19', 45" East, 69.92 feet; thence South 86 degrees 40' 15" West, 15.00 feet; thence South 3 degrees 19' 45" East, 142.75 feet; thence South 83 degrees 50' 15" West, 56:1.35 feet; thence North 479.30 feet to the point of begin- ning, in the City, of Dubuque, Du- buque County, Iowa, according to the recorded plat thereof. WHEREAS, Inns of Iowa,Ltd. Dubuque, is in the process of con- structing a' Ramada Inn and re- lated facilities at the intersection of Division Streetand,Highway 20, 235- 236 Specîal Session, May 27, ,1975 in the' City of Dubuque, Dubuque County, State of Iowa; and WHEREAS, It is essential and necessary that tbe area being served bave a frontage road; and WHEREAS, Inns of Iowa, Ltd., Dubuque desires to convey to the City of Dubuque seven (7) feet of Its property for the purpose of dedicating it to the public for bighway purposes and in order to establisb a frontage 'road to serve the property of the grantor In con- nection with Its improvements, and WHEREAS, the Iowa 'HIghway Commission has approved the plans prepared by Cullen, Kilby, Carolan & Associates, P.C. showing the proposed layout of tbe front- age road along primary Highway No. 20 in the vIcinity of the Ra- mada Inn; NOW THEREFORE BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa: Section 1: That delivery of War- ranty Deed dated May 16, 1975, by Inns of Iowa, Ltd., Dubuque, to the City of Dubuque, Iowa. cov- ering the real estate hereinabove described be and the same Is here- by accepted, subject however to the following conditions. 1. That the grantor enter Into a contract for the improvement of said frontage road having a width of 24 feet from face of curb to face of curb and located 18 feet of the right-of-way south of the east bound lane of Highway 20 and 7 feet on the Inns of Iowa, Ltd., Dubuque property, and that the north edge of the frontage road is 30 feet or more from the sollth edge of the east bound lane of u.S. Highway 20, and that said Improvements to said frontage road shall consist of hot laid hot mix asphaltic concrete In accord- ance with the City of Dubuque and Iowa HIghway Commission's specifications, and that all of said improvements shall be done according to plans and specifica- tions for said frontage road, and shllll be approved by the City of Dubuque and the City Engineer, and that the said grantor furnish performance bond to insure per- formance of the improvements, and in addition thereto, maintain and furnish a four-year mainte- nance bond Insuring the mainte- nance of said facility. That the Inns of Iowa, Ltd., Du- buque shall accept the termS of this resolution by executing Its ac- ceptance hereto attached. Passed, approved and adopted this 27th day of May, 1975. C. Robert Justmann Mayor AlvIn E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE The Inns of Iowa, Ltd., Dubuque does hereby accept the terms and conditions of the foregoing reso- lution and agrees to be bound by all of the terms and conditions thereof. INNS OF IOWA, LTD., DUBUQUE By Robert L. Wright, Pres. By Larry F. Cramblit, Secy. Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Dubuque Air- port Commission requesting the approval for the use of City Funds for their share of cost to construct 3" asphalt map on runway, pre- sented and read. Councilman Thoms moved that the communi- cation be received and flied. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. DUBUQUE AIRPORT COMMISSION RESOLUTION WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa, has determined the necessity for ; making certain improvements to the Dubuque Municipal Airport consisting of, among other things, the resurfacing of the runways; NOW THEREFORE BE IT RE- SOLVED by tbe Airport Commis- sion of the City of Dubuque, Iowa: I Section I: That it is necessary I for the maintenance and operation Special Session, May 27, 1975 of the Dubuque Municipal Airport that the runways be resurfaced. Section 2: That the Airport Com- mission of the City of Dubuque, Iowa, herewith requests that the City Council of the City of Du- buque, Iowa, proceed with -the is- suance and sale of $125,000.00 Gen- eral Obligation Bonds to PaY for the cost of said Improvements. Passed, approved and adopted this 8th day of May, 1975. James N. Clark Chairman Stacey Murdock John W. Higley Rachel Maerschalk Gerald L. Kopischke Attest: John W. HIgley Secretary Attest: Jeff G. Molld Councilman Thoms moved tbat the Dubuque Airport Resolution be aPProyedand made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: " Yeas - Councilmen Lundh, Stackls, Thoms. Nays - Mayor Justmann; Coun- cilman Brady. RESOLUTION NO. 174.75 Resolution authorizing the City of Dubuque, lowe to finence their share of Airport Improve- ments from the City's General Fund. WHEREAS, tbe Secretary of Transportation is authorized to make grants for Airport develop- ment aid ,under the Airport and Airway Development Act of 1970; and WHEREAS, the Airport and Air- way Development Act of 1970 stip- ulates that each agency receiving funds under this Act must state at the time of application for fund- ing that funds are avallaNe to finance the local share; and WHEREAS, it Is desirous tbat the Dubuqe Airport Commission deems it necessary in the Interest of aviation safety to continue im- provements on the airport; and WHEREAS, it is desirous on tbe part of the Dubuque Airport Com- mission to make a grant applica- tion for funds for runway resur- facing. NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City, of Dubuqu~, Iowa: 237 Section 1. That the Chairman of the Dubuque Airport Commission be authorized to file an applica- tion on behalf of the City of Du- buque with the U.S. Department of Transportation-Federal Aviation Agency for Federal funds for the runway improvements. Section 2. That the financing of the local share of the total cost of the Capital Improvements Grant, by the City of Dubuque be and the same is hereby approved, authorized and directed. Passed, approved and adopt..! this .27th day of May, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilmen Thoms maved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Councilmen Lundh, Stackis,. Thoms. Nays - Mayor Justmann, Coun- cilman Brady. RESOLUTION NO; 175.75 RESOLUTION to fix a' date of meeting at which it Is proposed to-take action for the Issuance of $125.000 Airport Bonds. WHEREAS, pursuant to an elec- tion held on August 14, 1950, the City of -Dubuque, Iowa, has hereto- fore established a municipal air- port under the provisions of the law as now contained in chapter 330 of the Code of Iowa, 1973, and it 'Is necessary and for the best interests of said City of Dubuque that said airport be improved and that Airport Bonds of said City be issued at this time in the princi- pal amount of $125,000 for the purpose of paying the cost, to that amount, of said improve- ments; and WHEREAS, said City has here- tofore created an Airport Commis- sion for the management and con- trol of the municipal airport as permitted and provided for by the law as now contained in Sections 330.17 et seq. of the Code of Iowa, 1973, and said Airport Com- mission has adopted a resolution reciting the necessity for improv- -, 238 Special Session, May 27, 1975 Ing the municipal airport and re- questing this Council to proceed with the advertisement, sale and issuance of $125,000 Airport Bonds of said City to pay the cost of such improvements and a certified copy of said resolution has been filed with the City Clerk and pre- sented to this Council for appro- priate action; and WHEREAS, it is first required that notice and hearing on the Is- suance of such bonds be given in the manner, form and time prescribed by Chapters 23 and 408A of the Code of Iowa, 1973; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That thìs City Coun- cil meet at the Council Chambers in the City Hall within said City on the 16th day of June, 1975, at 1:00 o'clock P.M., Central Daylight Saving Time, at which time and place proceedings will be insti- tuted and action taken for the is- suance of $125,000 Airport Bonds for the purpose set out in the pre- amble hereof. Se~tion 2., The City Clerk Is hereby directed to give notice of proposed action for the issuance of said Airport Bonds, setting forth the amount and purpose thereof, together with the maxi- mum rate of Interest which said bonds are to bear, and the time when and place where said meet- ing will be held, by publication at least once for at least fifteen (15) days before said meeting, in the "Telegraph-Herald," a newspaper published in 'said City and having a general circulation therein. SaId notice sball be In substantially the following form: NOTICE OF MEETING FOR ISSUANCE OF AIRPORT BONDS PUBLIC NOTICE IS HEREBY GIVEN pursuant to Sections 23.12 and 408A.l of tbe Code of Iowa, 1973, that the City Council of the City of Dubuque, Iowa, will meet on the 16th day of June, 1975, at the Council Chambers in the City Hall, Dubuque, Iowa, at 1:00 o'clock P.,M., for the purpose of instituting proceedings and tak- ing action for the issuance of $125,000 Airport Bonds of said City, bearing Interest at a rate not exceeding six per cent (6%,) per annum, for the purpose of paying the, cost, to that amount of Im- proving the municipal airport, of said City. At any time before the date of said meeting petitions objecting to the issuance of said bonds or ask- ing that the question of issuing said bonds be submitted to the legal voters of said City may be filed With the City Clerk of said City pursuant to the provisions of Sections 23.13, 330.16 or 408A.2 of the Code of Iowa, 1973. By order of the City Council May 27, 1975. Leo F. Frommelt City Clerk Section 3.- That all resolutions or parts thereof 111, connlct here- with be and the same are hereby repealed, and this resolution, shall be effective forthwith upon Its passage and approval. ' Passed and approved May 27, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of tbe resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Councilmen Lundh, Stackls, Thoms. Nays - Mayor Justmann, Coun. cllman Brady. RESOLUTION NO. 176.75 RESOLUTION providing for the edverlisement of $125,000.00 Airport Bonds. WHEREAS, the Airport Com' mission and the City Council of the city of Dubuque, Iowa, have heretofore determined it to be ad- visable and necessary that the mu- nicipal airport of the City be Im- proved and it Is necessary and for the best interests of said City that $125,000.00 Airport Bonds contem- plated to be Issued to pay the cost thereof be offered for sale in the manner required by Chap- ter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section I: That Airport Bonds of said City in the amount of $125,000.00 be advertised for sale, ~uch bonds to be dated June 1, 1975, bearing interest payable De- cember 1, 1975,. and semi-annually Special Session,. May 27, 1975 239 thereafter, and maturing, in nu- merical order $50,000.00 on June 1, of each of the years 1977 and 1978 and $25,000.00 on June 1, 1979, inclusive, and that bids be requested fOr action thereon at the Council Chambers in the City Hall in said City at 1:00 o'clock P,M. on June 16, 1975, and that the City Clerk be and he is here- by authorized and directed to pub- lish notice of such sale once each week for at least two consecutive weeks in the "Telegraph Herald," a newspaper puhlished and of general circulation in Dubuque County, Iowa, such advertisement to be In the form customarily em- ployed for that purpose. Section 2: That all resolutions or orders insofar as same may be in conflict herewith be and the slIme lIre hereby repealed. Passed and approved May 27, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded May 27, 1975. Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Councilmen Lundh, Stackis, Thoms. Nays - Mayor Justmann, Coun- cilmen Brady. Verbal request from Council- man Brady requesting to address the Council and Chair to appeal the decision regrading censorship was considered. Councilman Bra- dy apologized for his ultimation statement; Look at exact situa- tions as occurred and not have it happen again; Apology to Chair- man for remark to the paper, a bad statement on his part; In- jured by charges that came out of last Thursday's session; and asked Council to reconsider Mo- tion of Censureship. Councilman Thoms moved to reconsider cen- suer and get on with Council Busi- ness. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cllmen Brady, Lundh, Stackls, Thoms. Nays--None. RESOLUTION NO; 177.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the fallowing having complied with the provisions of law relating to the sale ofCiga- rettes wi,thin the City of Dubuque, Iowa, be granted a permit to sell Cigarette. and Cigarette Papers witbin said City. Lucky Stores, Inc., d/b/a Eagle Store #109, 200 S. Locust St. Lucky Stores, Inc., d/b/a Eagle Store #130, 1800 Elm Street Lucky Stores, Inc., d/b/a Eagle Store #144, 3033 Asbury Street Lucky Stores, rile. d/b/a May's Drug Store '#204, 3049 Asbury Street The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Street Hartig Drug Company, 700 Main Street Hartig Drug Company, 1st and Locust Streets H¡¡rtig Drug Company, 2255 John F. Kennedy Road Hartig Drug Company, 22nd and Central Avenue Nash Finch Co., d/b/a Warehouse Market, 190 John F. ,Kennedy Road Roberts Smorgastable, 62 Locust Street Walgreen Co., 555 John F. Kenne- dy Road Wareco System of Iowa, 700 Rhom- berg Avenue Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tlon' of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackls, Thoms. Nays--None. RESOLUTION NO. 178-75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval ånd the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of 240 SþeCial' S~ssiòn," Májl27, '.1973 the City of Dubuque, Iowa, that the following' applications be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B"'BEER PERMIT George William Pohlen, d/b/a Tri State Softball Tournameut Mc- AIMee Field (also Sunday Sales) Passed, adopted aud approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Allan T. Thoms Councilmen Attest; Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of. the resolution. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Thoms. Nays - Councilmen Brady, Stackis. RESOLUTION NO. 179.75 WHEREAS, applications for Beer Permíts were filed by the witbin named applicants and they have received the approval of this Council: and WHEREAS, the premises to be occupied by such applicants were Inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause, to be issued to the follow- ing named applicants a Beer Per- mit. CLASS "B" BEER PERMIT George William Pohlen, d/b/a Tri- State Softball Touruament, Mc- Aleece Field (also Sunday Sales) Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Allan T. Thoms Councilmen Attest: . Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote; Yeas -Mayor Justmann, Coun- cllmeuLundh, Thoms. Nays - Councilmen Brady, Stackls. RESOLUTION NO. 180-75 WHEREAS, applications for Liquor Licenses háve been sub- mitted to this Council for approv- al and the same have been ex- amined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses Issued upon the compliance with the provisions of Cbapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL), BEER AND LIQUOR LICENSE Doug Zlckuhr, Doug's West Du- buque Tap & Grill, 1701 Asbury Street (Also Sunday Sales) Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. RESOLUTION NO. 181-75 WHEREAS, appllcátlons 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 tbe following named ap- plicants a LIquor License. 'S¡YEiciaf Séssion;:May 2'1,"'1975 241 CLASS "C" (COMMERCIAL) BEER AND, LIQUOR LICENSE Doug Zickuhr,Doug's West IIi!- buque Tap & Grill, 1701 Asbury' St,reet (also Sunday Sales) .' Passed,adopted and ap¡Ìfo-ved this 27th day of May 1975. C, Robert Justmann , Mayor Alvin E. Lundh Emil Stackis JamesE. Brady ALLAN T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Cöuncllmàh Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the follö'MIl1i:'wte: . Yeas :...- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nàýs-'-None., RESOLUTION 'NO. 18~.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Blue Moon, Inc., 1097 Jackson Street Passed, adopted and approved this 27th day of May 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen thO Citfof -Dubuqué', 'I°'Ya,that the fallowing aliplicatións:be'ap- proved aÌ1dlicenses' issued UPon the compliance with theprovlsións of'Chapter;'131; Ads,'i)f 1heFjrst aO'gular Session; 64th Gënerål As, sembly. " ',,'" CLASS "C" (COMMERCIAL) 'BEER AND LIQUORuteNsE Blue Moon IDc'(Ail Iowa Corpora, tion)'IO97'Jackson Street Passed; adopted and approved this 27th day of May 1975. .',' '. C.' Róbert'JustUlann "1II:ayor ., , Alvhi E. Lundh" Emil Stackls . James'E..Brady:;: " . AllanT.,Thoms Attest; , Councilmen' ,Leo F.' Frommelt ,...çity Clerk Councilman Thoms inovMadop- tion of 1he resolution. SecoÌ1ded by Councilman Lundh:CarrŒd by the following vote: " . Yeas -. Mayor,Juslmann. ,Court- cilmen Brady, Lundh, Stackis, Thoms. ' Nays-None. RESOLUTION NO. 184.75 ' WHEREAS, appHcations for Liq' uor LIcenSes were filed, by tho within nåniedápplicaDts 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 Ordinancesrel¡)Vànt thereto' and they have fiIed,:properbond~, ' NOW rHERE~ORE BE nRE' SOL'vED by the City Council of Dubuque, Iowa, th"t the Manager be authorized to, cause ,to be is- sued' to the fallowing named ap- plicants a Liquor .Llce,nse. ' , CLASS "C"'(COMMERCIAL) BEER AND LIQUOR LIC;NSE BLUE MOON INC. (An Iowa Cor- poiration), 1097 Jackson Street Passed, adoPted and approvei! this 27th day of May 1975. . C. Robert JUstmann Mayor Alvin E. -Lundh Emil Siackis James ];;, Brady Allan T.Thpms, Attest: Councilmen' Leo F.' 'Frommelt Citytrerlt " , 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, Stackls, Thoms, Nays--None. RESOLUTION NO. 183.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of :242 Special SesSip~i May 27, 1975 Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. Mayor Justmann moved to re- I consider vote on American Legion Liquor License. Seconded by Coun- I cllman Lundh. Carried by the fol- lowing vote: Yeas- Mayor Justmann, Coun- cilmen Brady, Lundh. Nays - Councilmen Stackis, Thoms. Petition of ThomàS D. Walsh et aI, requesting rejection of the re- newal application of the American Legion Liquor License, presented and read. Mayor Justmann moved that the petition be received and filed. Seconded by Councilman Lundh. Carried, by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--None. Mayor Justmann moved to deny American Legion a Class "c" (Com- mercial) Beer & Liquor License. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh. Nays - Councilman Staclds, Thoms. Mayor Justmann moved that the City, Clerk be Instructed to submit this' portion of the minutes to the Liquor Commission relative to American Legion Liquor LI- cense. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Bràdy, Lundh" Thoms. Nays...... Couneilman stacids. There being no further business, Mayor Justmann moved to ad- journ. Seconded by Councilmall Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nay_None.. Leo F. Frommelt City Clerk Approved ....................................1975: Adopted ......................................1975. ..........................................................,. ............................................................ ................................................,........... .............."............................................ """"""""""""""""""ëö~;;:~iim;;:;'" Attest: """'ëiï~"ci~~k"""""""""""