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1975 June Council Proceedings Regular Session, June 2, 1975 243 CITY COUNCIL (OFFICIAL) Regular Session, June 2, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen Brady, Lundh, Stackis. Cjty Manager Gilbert D. Chave. nelle. . Absent - Councilman Thoms. Mayor Justlnann read the call and. stated that service thereof had heen duly made .and this meet- ing is the REGULAR MPNTHL Y MEETING called for the purpose of acting upon such husiness as may properly come hefore the Meeting. ., . Communkation. oic Kennedy Mall MeréhantsAss'n. submitting a proclamation of Flag Day Salute to the United States. Bicentennial for June 14, 1975,presented and read. Mayor ,Justmann moved that the communication be received and . filed, and the, day so pro- claimed. Seconded by Councilman Stackis. Carried by the following vote: . Xeas - Mayor,Justmann, Coun- cilmen Brady, Lunilh, Stackis. Nays-None. Absent-Councilman Thoms. Communication of Duhuque CoUnty Department of Health ex- tending an invitation to attend their meeting on June 18, 1975, at 8' P.M. in' Room 65Ö Duhuque Building, on upgrading of the wastewater treatment plant to min- imize, the' possibility of another disease outbreak in the Mississippi River, presented and read. Coun- cilman Stackis moved that the coinmunicâîion be received and filed and referred to Council. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-NOne. Absenl--'-Councilman Thoms. Communication of Playground & Recreation Commission suhmitting minutes of their meeting of May 8, 1975, presented and read. Coun- cilman Stackis moved that the min- utes he received and filed. Second- ed by Councilman Lundh. Carried hy the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds. Nays-None. Absent-Councilman Thoms. Communication of West Side Business and Professional Ass'n. complimenting Mr. Dan Dittemore on his fine expertise in explaining the proposed zoning ordinance at their meeting of May 14th, pre- sented and read. Councilman Stack- is moved that the communication he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas -,- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absetl~Councilman Thoms. Communication of Dubuque County. Republican Central Com- mittee urging the City to assume a conservative roll in pröposing to annex areas to the City, presented and read. Councilman StackU¡ moved that the communication be received and filed. Seconded by Mayor Jusllnann. Carried by the following vote: . Yeas - Mayor Justmann, Coun' cilmen Brady, Lundh, Stackis. Nays-,-None. . Absenl--'-Councilman Thoms. Communication of Library Board advising of three vacancies on the Board as of July I, 1975, and of- fering service in suggesting can- didates, presented and read. Mayor Justmann moved that the commu- nication be received and filed and referred to Council. Seconded by Councilman Stackis. Carried by the following .vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays_None. Absent-Councilman Thoms. Communication of Delos A. Dor- weiler requesting a change in the proposed zoning ordinance as it would effect the changing of Ken- nedy Road from residential to Ar- terial Business-Highway classifica- tion, presented and read. Council- man Stackis moved that the com- munication be referred to the Plan- ning & Zoning Commission for rec- ommendation and report. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absenl--'-Councilman Thoms. Communication of Citizens Ad- visory Commission submitting min- utes of their meeting of May 27th, presented and read. Mayor Just- mann moved that the minuteS be "_~"_._,,~_._,,-,,,...~....,,-..~------,- '.' 244 Regular Session, June 2, 1975 received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor JustJnann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. Mayor Justmann moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. Mr. Dave Clemens, Chairman of the Advisory Commission, ad- dressed the Council stating tbe Commission does not recommend the combination of the Park De- partment and Recreation Depart- ment at this time, maybe realign- ment. They are however, in favor of combining the Commissions in- to one Board. Verbal petition of Dave Clemens requesting to block off Oeth Court, Friday night June 6th, pre- sented for consideration. Mayor Justmann moved tbe petition be approved. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absenl--'-Councilman Thoms. May 1, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1973, the Civil Service Commission conducted Promotion- al Examinations on April 18, 1975, for members on the Police Depart- ment for Captain and Sergeant-De- tective. The following members of the Police Department passed the writ- ten examination with an average of seventy per cent or better. CAPTAIN Kisting, Mark H. ...........83% Purcell, James T. ...........78% Hynes, James C. ...........77% Oswald, Cyril W. ...........77% Sjobakken, Gerald M' .......73% Gibson, William J. .........71% Paar, Frederick R. .........70% SERGEANT.DETECTIVE Oswald, Cyril W. ..........87.6% Schneider, Eric M. ....,.. .87.6% Stevens, John D. ..........87% Kisting, Mark H. ..........85.4% DeBolt, David R. ....... ..83.7% Frederick, Harvey R. ......78.9% Lindauer, Edwin L. ........78.3% Paar, Frederick Roo........ 77.8% Carpenter, Dennis B. ..... .77.2% Schriver, Randall L. .......77.2% Hirsch, Gerald L. .........76.7% Fessler, Thomas A. .......74.6% Kennedy, Leo J. ..........72.9% Lovett, Joseph M. ...,.... - 71.8% All promotions on the Police De- partment should he made from the above lists. Marvin A. Van Sickle Chairman Louis F. Fautsch Sr. Carolyn Farrell Members of Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 5th day of May 1975. Z. D. Hantelmann Notary Public Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Lundh. Yeas --' Mayor Justmann, Coun- cilmen Br&dy, Lundh, Stackls. Carried by the following vote: Nays-None. Absent-Councilman Thoms. May 1, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1973, the Civil Service Commission conducted Promotion- al examinations on April 22, 1975 for members of the Fire Depart- ment seeking the position of Am- bulancelDriver Attendant. The following members of the Fire Department passed the writ- ten examination with an average of seventy per cent or better. Jones, Richard W. ........ .92%. Theisen, Ronald J. .........85% All promotions to the Ambu- lance/Driver Attendant classifica- 245 Regular Session, June 2, 1975 tion should be made from this list. Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor JustJnaun, Coun- cilmen Brady, Lundh, Staclds. Nays-None. Absent-Councilman Thoms. May 12, 1975 Honorable Mayor and Members of the City Council In accordance with the provi. sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted written En- trance Examinations on April 1, 1975 for applicants to the Police Department. A physical Qualification test was conducted on April 29, 1975 for all applicants who had previ- ously passed the written exami- nation with 70%, or better. The following named applicants have passed both the written and PQ test combinations as follows: Gould, Michael ...........87.7% Stover, Gregory J. ....... .86.7% Toepel, Arthur L. .........85% Delagardelle, Rory F. ... ..82.3% Drapeau, Bruce L. ........81.3% Burdt, James J. Jr. ""'" .80.7% Inman, Marjorie.. . . . . . . . . .79% Connor, Paul H. ...........77.3% Hedley, Arthur G. Jr. ......75% Marvin A. VanSickle Chairman Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Marvin-A. VanSickle Chairman Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 5th day of May 1975. Z. D. Hantelmann Notary Public Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. May 28, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa the Civil Service Commission conducted entrance . examinations on April 8, 1975, and the agility tests conducted on May 6, 1975, for appointments to the Fire Department. The following named applicants have passed both the written and agility tests as follows: Felderman, Larry E. ""'" .87% Kutsch, Patrick L. ...... ..82.3% Burdt, James J. Jr. ""'" .80.7% Beck, Larry L. ............80.4% Nelson, Thomas E. ........79.3%' Lawler, Donald W. ........77.8% Gau, Edward A. ..........77.2% Danielson, Richard P. ......77.1 % Turner, Eldon D. .........74.1 % Forman, James C. ........72.7% The above ten applicants con- stitute the first list and have qual- ified with the highest standing for original appointJnent. Marvin A. VanSickle Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29th day of May, 1975. Z. D. Hantelmann Notary Public Councilman Brady moved that the communication be received and filed and made a matter of record. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. Communication of Gerald House- log et ux, addressed to the Mayor, relative to the delapidated condi- tion of the duplex at 754-56 W. 8th Avenue owned by a certain realty Company, presented and read. Ma- Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29th day of May, 1975. Z; D. Hantelmann Notary Public 246 Regular Session, 'JUlie 2, 1975 yor Justmann moved that the com- munication be received and filed and referred to the City Manager for investigation and report. Sec- onded byCounéilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absenl--'-Councilman Thoms. May 23, 1975 Honorable Mayor and ' City Council On March 14, 1975, George R. Dittmar filed an action against Thomas Fessler, Michael Sand, Harold Brown, James Drapeau and the City of Dubuque, as de- fendants, being Law No. 40444 ask- ing recovery of damages in the amount of $50,000.00. Said matter was referred to the appropriate City Agency as well as the City Attorney, and on the 22nd day of May, 1975, said plain- tiff filed his dismissal at plain- tiff's costs. This should conclude the matter. R. N. Russo City Attorney Còuncilman Lundh moved that the communication be received and filed. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. Communication of Blue Cross- Blue Shield identifying a subscrib- er of theirs, by the name of Vir- ginia Hos, as being involved in an accident for which the City may be responsible on February 8, 1975, presented and read. Council- man Lundh moved that the com- munication be referred to the City Solicitor for proper proceed- ings. Seconded by Mayor Just- mann.Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absenl--'-Councilman Thoms. Notice of Claim of Kerry L. Monahan, in an estimated amount of $221, for car damage incurred as the result of driving into a pro- truding manhole cover on South- way Street on May, 8, 1975, pre- sented and read. Councilman Lundh moved that the notice of claim be referred to the City So- licitor for proper proceedings. Sec- onded by Mayor Justmann. Car" ried by the following vote: Yeas - Mayor Justmann, Coun- cilmenBrady, Lundh, Stackis. Nays-None. Absenl--'-Councilman Thoms. Notice of Claim of Cecelia Thole, in the amount of $399.36, for med- ical and loss of wages incurred as the result of faIling on a defective sidewalk at 1616 Rhómberg Ave. on May 8, 1975, presented and read. Councilman Lundh moved that the notice of' claim be re- ferred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. AbSent-Councilman Thoms. Notice of Claim of Betty Zirkel- bach, in an undetermined amount, for personal injuries received in a fall in the Public Library on May 13, 1975, presented and read. Councilman Lundh moved that the notice of claim be referred to the City Solicitor for proper pro- ceedings. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-"--Councilman Thoms. ORDINANCE NO. 16-75 An Ordinance Amending Ordi. nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as Amended by Adding a New Subsection III to Schedule VI Thereof to Prohibit the Park. ing of Motor Vehicles on the East Side of Rockdale Road from Mar Jo Road to Fox Drive. Presented and read. Mayor Just- mann moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justlnann, Coun- cilmen Lundb, Stackis. Nays-Councilman Brady. Absent-Councilman Thoms. Mayor Justmann moved tbat the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Regular Session, Jurie2,1j)75 247 Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis. 'Nays-Councilman Brady. Absenl--'-Councilman Thoms. ORDINANCE NO, 16.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" A$ AMENDED BY ADDING A NEW SUBSECTION III TO SCHED- ULE VI THEREOF TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON THE EAST SIDE OF ROCKDALE ROAD FROM MAR JO ROAD TO FOX DRIVE. NOW THEREFORE BE IT OR- DAINED BY THE CITy COUNCIL OF THE ciTY OF DUBUQ¡JE, SECTION 1. Th" O,diooo" No. 33- 49 k~owo " th, "T"ffie Cod, of Du- buqu" low," " ,m'nd,d b, .nd th, "'., i, h",by ,mend,d by ,n"ting . .'w mb"etionto Sch,dule VI thmof " follow", "SCHEDULE VI On th" Eo" ,id, of Roekd.¡, Roo" f,om M" Jo Rood to Fox Ddve." P""d., 'pp,"v,d 'nd' odop"d thi, 2nd doy of Jun', 1975. C. Rob", Ju"m'nn M.yo, . Alvin E. Luodh Emn Stoeki. Counenm", Ate"" 1.'0 F. F,ommolt CityC¡"k PuhIi,b,d offici.lly in th, Te¡'g"ph H",ld N,w,p.p" thi, 5th d.y of Jun' 1975. 1.'0 F. F,"mm,lt City C¡"k It. 6-5 Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays-Councilman Brady. Absenl--'-Councilman Thoms. Petition of Interstate Power Co. requesting authorization for in- stallation of a Utilities Accommo- dation permit along the frontage road, and then across Highway 20 to . connect to their existing line, presented and read. Councilman Stackis moved that the petition be approved. Seconded by Mayor Just- mann. Carried by 'the following vote: Yeas '~MaYor Justmann, Coun- cilmenBrady, Lundh, Staclds. Nays_None. Absent-Councilman Thoms. "Petition of Fischer Companies requesting favorable action for the vacation of Tower Street north to WaIl Street and the alley in..Block 25 Boóth's Addn.; presented and read. Mr. Joe Pickett addressed th". Counéil objecting to the VII'- cation of Tower Street; leaving them with restricted' access to 6th Street. They have no' objections to the vacating of,the alley. Mayor, Justmann moved that the petitlón of Fischer Companies be denied. Seconded by, Councilman Brady. Carried by the following vote: " Yeas - Mayor Justmann, Coun- cilmen Brady, Lûndh,Staclds. Nays-None. ' Absent-Conncilman Thoms. Petition of F. N. Smith Construc- tion Co. requesting permission to excavate in' First Street to encase steam lines for Tank Terminal Co., presented and read. Mayor Just- mann moved that the petition be approved. Seconded by Councilman Stackis. Carried by the, fOllowing vote: ' Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Staclds. Nays-None. AbsenI-Councilman Thoms.. Petition of Donna L. Smith et al (47 signets) requesting relieì from traffic hazards in 1700 & 1800 blocks 'on Key' Way Drive, suggesting installation of stop signs at '. Keyway and, Keymont; also on Keyway between the 171)0 & 1800 blocks, presented and read. Mayor Justmann moved that the petitión ,be referred to fie City Manager and Traffic Department for proper proceedings.' Seconded by Councilman Stackis. Carried by the following vote: ' Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. ' , Nays-None. Absent-Councilman Thoms. " Petition of J.,'G. Tigges request; ing permission to excavate in Da' na Drive for sewer and water ser' vice, presented and read. Mayor Justmann moved that the p,eti- tion be approved. Seconded by Councilman Stackis. Carried !¡y fie following vol>: ' Yeas - Mayor Justmann, Coun- cilmen Brady,: Lundh, Stackis. Nays-None. ' Absenl--'-Councilmen Thoms. RESOLUTION NO. ,185-75 PRELIMINARY 'ESTIMATE, and approval of plans,specifI"ations, 248 Regular Session, June 2, 1975 form, of contract, including items of material for construction of Re- placement of City Hall Electric Service and Associated Equipment, at an estimated cost of $7500, pre- sented and read. Mayor Justmann moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds. Nays-None. Absent-Councllman Tboms. (Necessity For Improvement) RESOLUTION NO. 186.75 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for Re. placement of City Hall Electrie Service and Associated Equipment. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvements, and unless property owners or any interested person at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all oJ>.. jections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications, which have been prepared there- fore by the City Engineer, which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of maldng said improve- ment will be paid from the City Buiiding Mldntenance Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E.Lundh Emll Staclds James E. Brady Attest: Councilmen Leo F. Frommelt City Clerk Mayor Justmann moved approv- al of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. (Fixing Date of Hearing) RESOLUTION NO. 187.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the Replacement of City Hall Electric Service and Associated Equipment. BE IT THEREFORE RESOLVED that on the 16th day of June, 1975, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuque, Iowa, at which time the objectors for the proposed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in same newspaper published in the City of Dubuque, Iowa, which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. Passed, adopted and approved this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. RESOLUTION NO. 188-75 PRELIMINARY APPROVAL of plans, specifications, form of con. tract and schedule for the con- Regular Session, June 2, 1975 struction of Grandview Avenue and Dodge Street Traffic Signals, in the estimated amount of $39,747.23, presented and read. Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. (Necessity for Improvement) RESOLUTION NO. 189.75 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file In the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed Improvement for the Grandview Avenue and Highway #20 Traffic Signals. BE IT THEREFORE RESOLVED that the City Council on Its own motion or upon petItion of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentloned improvement, and unless property Owners at the time' of the final consideration of this proposed res- olution have on file with the CIty Clerk objections to the proposed improvement, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of maldng said improve- I ment will be pale! from the Road Use Tax Funds. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt CIty Clerk 249 Councilman Stackis moved ap- proval of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds. Nays-None. Absenl--'-Councilman Thoms. (Fixing Dafe of Hearing) RESOLUTION NO. 190-75 WHEREAS, the CIty Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file In the office of the City Clerk for public inspection for the Grandview Avenue and Highway #20 Traffic SlgnaJs. BE IT THEREFORE RESOLVED that on the 16th day of June, 1975, a public hearing will be held at 7:30 p.m. In the Council Chamber of the CIty of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the Improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some new/JPaper published In the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk Is further instructed to ad- vertise for proposals for the con-- struction of the aforementioned improvement. Passed, adopted and approved this 2nd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen' Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coùn- cilmen Brady, Lundh,Stackis. Nays-None. Absent-Councilman Thoms. e¡;o Regular Session, ]uI1e 2, 1975 " RESOLUTION 'NO. 191.75 , Resolution . 'Req~iring' Abutting Property Owners To Make Sewer and Water and Gas Connections. W~EREAS, the City Council has heretQforeadol'ted Resolution Ne. 117-75, being the Resolution of Ne- cessity for permanently improving Rockdalè Road åspart of City of DubIWU,., , 19~5 ,Paving P, roject f, rom soutl\ property line ,ef A. H. Oeth Sub. 'No. 4 to 'old city limits. , ,., NÒW;'rHEREFÒRE,BE IT RE- SOLVED by the City Council of the 'City Of Dúbuque, Iowa: " "Secti"n!; "That' 'the owners 6f áll property'ábutting on saidim- p¡lòvèmertt' are hereb~ 'required!" ñíâke' coñitectións from the sewer, wáteránd".~as':,¡nafl'st~ the cúrIi line of sam property prior to June 3~iI97õ,' " ,"",0', .' $ectiøn ,2. That the City Clerk Is hereby authorized and directed to ,serve, a written notice on such abutting property owners in ac- eordance with Ordinance No. 128. order,ing "compliance ,with this Res- olutioßi" " , Section,3.,That in'-the event any suoh,propertyowner, shall fail or refuse, to -make such connection within the time set out in tbis Res- ólution", then the City' Manager shall proceed to have said connec- .tton made upon a contract made anI! entered into for that purpose and upen,..completion, report said fact together with the cost thereof to..the, City, Council" whereupon the cost of such connection shall he ,assessed" against such 'abutting preperty. Adopted this 2nd day of June, ~~75". Iowa, that thefellowing ,having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette ,Papers within'said City. Thomas E. Andresen, Avenue Tap, 1080 University Avenue Carl N. Brant,A. &, B. Tavern, 2600 Central Avenue Canfield Hotel, Inc., 36 West' 4th Street Patrick Fenelon, Ken Fenelon Fin- erFoods Restaurant; 3130 Jack- " ,son Street RalphJ. Grabow, Oky-Doky #14, 1050 University Ave,nue ' Kennedy Mall Cinema I & U, 555 , JohnF,Kennedy Road James J. Klauer.Robert D.Klauer, Dog House L1>unge, ,1646' Asbury Road Leonard Oil Ce." Site Service Sta. tion #389, 1387 Dodge Street Pride Service Inc., Martin Oil, 280 Locust Street Pride Service Inc., Martin 011,2175 ,-Central Avenue ' Merchants' Hotel, 304 Main Street Herman J. Meyer. Meyer's DX, 3355 Pennsylvania Avenue, Kermit Meyer, Union Cigar, Store, 336 Main Street ' William O'Neill, Happy~our, 55 Locust Street' Miracle Car Wash Inc., 255 Locust Street Eugene Otting, The Dip Tap, 1689 ,Elm Street Miller Neil, Inc., Ruegnitz Drug, ,,629 Rhomberg Avenue William N. Billikas, Sfikas Buffet, 926 Main Etreet Welsh Enterprise, Inc., '620S. Grandview Avenue ,Passed, adopted and approved this 2nd day of June 1975. C. Robert Justlnann Mayor Alvin E. Lundb Emil Stackis James E. Brady Councilmen C. Robert Justmann Mayor AlVin E: Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved 'adoI" tion of the resolution. Seconded by Mayor Justmann. Carried by the following ,vote: :Yeas - Mayor Justmann, Coun- cilmen Lundh, Staekis. Nays-Councilman Brady. Absent-Councilman Thoms. Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- RESOLUTION NO. 1,92.75 cilmen Brady, Lundh, Staclds. BE IT RESOLVED by the City ,\ Nays-None. Council ,of the City Of Dubuque, j Absent-Councilman Thoms. Regular Session, June 2, 1975 RESOLUTION NO. 193.75 WHEREAS, applications for Liq- uòr Licenses have been submitted to this Council for approval and Ibe 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 ofCbapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ronald T. ,Amundson and Richard B. Winsor, Carnival Lounge, 253 Main Street , Passed, ,adopted ,and approved this 2nd day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk "'" Councilman Stackis moved adop. tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. RESOLUTION NO. 194.75 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were 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 I be authorized to cause to be is- sued to the following named ap- plicants a Liquor Lieense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ronald T. Amundson and Richard B. Winsor, Carnival Lounge, 253 Main Street 251 Passed, adopted and approved this 2nd day of June 1975. C. Robert JuStlnann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F.FrommeIt City Clerk , Councilman Stackis moved adop. tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: - Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis. Nays-None. , Absent-Councilman Thoms. , RESOLUTION NO. 195.75 WHEREAS,á\lplications for Liq- uor LicenseS have been submitted , to this Council for approval and ' the same have been examined, NOW THEREFÖRE BE IT RE- SOLVED by the City Council of " the City of Dubuqùe, 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 J & RC Incorporated, Jerry's Tap, 431 Rhomberg Avenue Passed, adopted and approved this 2nd day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E.Brady Councilmen Attest: Lee F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. RESOLUTION NO. 196.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and -- 252 Regular Session, June 2, 1975 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and 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 tp the following named ap- plÌéants a Liquor LIcense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE J & RC Incorporated, Jerry's Tap, 431 Rhomberg Avenue Passed, adopted and approved this 2nd day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of tbe resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis. Nays-None. Absenl--'-Councilman Thoms. There being no further busi. ness, Councilman Lundh moved to adjourn. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Thoms. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. ..........................................,................. ...............................................,............ ............................................................ ....................................,....................... ........................"..................."............. Councilmen Attest: """"'ëiï~'ci~~k""""""""""'" Special Session, JlU1e 9, 1975 CITY COUNCIL OFFICIAL Special Session, June 9, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, crimen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called to CONDUCT A PUBLIC HEARING ON THE RESOLUTION OF NECESSITY FOR THE CON. STRUCTION OF WASHINGTON STREET TRAFFIC DIVERTERS and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Communication of Dubuque Ca- ble TV Commission submitting minutes of their meeting of May 12th (Organizational); also of their meeting of May 27, 1975, presented and read. Councilman Thoms moved that the minutes be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Dubuque Hu- man Rights Commission submit- ting minutes of their meeting of May 8, 1975, presented and read. Councilman Thoms moved that the minutes be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Communication of Auditor of State submitting a statement for year ending December 31, 1973, showing amount of property tax paid to cities and towns in Du- buque County. presented and read. Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow. ing vnie: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. , Nays-None. Notice of U. S. Environmental Protection Agency advising of an 253 application by Interstate Power Co. to discharge into the Mississippi River (Not a new application), pre- sented and read. Councilman Thoms moved that the Notice be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 6, 1975 Honorable Mayor and City Council A petition has been received from Richard HenSchel for street lighting along Valentine Drive. The area has been investigated by the Electrical Inspector and it is recommended that one 175 watt mercury vapor fixture, on a wood poie, be installed on the ease- ment between 1050 and 1070 Val- entine Drive. Your approval of thIS installa. tion is requested. Gilbert D. ChaveneIle City Manager Council Thoms moved that the communication be received and filed and request be approved. Sec- onded by Councilman Lundh. Car- ried by the foIlowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 6, 1975 Honorable Mayor and Members of the City Council I herewith submit the annual re- port for 1974 of the Dubuque Coun- ty, Municipal Civil Defense Agen- cy. Gilbert D. ChaveneIle City Manager Councilman Thoms moved that the communication and report be received and filed. Seconded by Councilman Lundh. Carried by the foIlowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Jnne 6, 1975 Honorable Mayor and Members of the City Council I have approved the Sidewalk Construction Bond' of Francis H. Kieffer, Bond No. 55-54712, with the United Fire & Casualty Co. dated June 2, 1975, and desire to 254 Special Session, June 9, 1975 have your approval of same for filing. Gilbert D. Chavenelle City Manager Councilman Thoms moved tbat the communication be received and filed and filing be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 4, 1975 Honorable Mayor and City Council On Marcb 21, 1975, Diane Cook, Box 166A, Rural Route 4, Dubuque, filed claim against the City of Du- buque, alleging damages to her motor vehicle as the result of striking a hole in the street on Jobn F. Kennedy Road in front of the Donut Hut, and claiming damages therefor. I have made an investigation of tbis matter and find that, in fact, a defective condition did ex- ist thereat, and that the plaintiff has made an offer of settlement in the amount of $52.11, and it is the recommendation of the City At- torney's office that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant payable to Diane Cook and Robert J. Cook in the amount of $52.11 and transmit same to the City Attorney for de- livery to claimant upon execution and delivery of a duly executed re- lease. Original claim is attached here- witb. R. N. Russo City Attorney Councilman Thoms moved that the communication be received and filed and recommendation of settlement be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 4, 1975 Honorable Mayor and City 'Council Claim for personal injury was filed by Betty Zirkelbach of 410 N. Jones St., RR #2, Maquoketa, Iowa against the City of Dubuque on May 20, 1975, in no specified amount, and claiming injuries and bruises to her hip, back and leg as as result of a misstep coming from the ladies' restroom at the City Library on May 13, 1975. This matter was referred to the appropriate City Agency who bas made an investigation of said mat- ter and reports by way of letter to the City Attorney of no negli- gence on the part of the City. It is therefore, tbe recommendation of the City Attorney's office that said claim of Betty Zirkelbach be de- nied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Tboms moved that the communication be received and filed and recommendation of denial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 5, 1975 Honorable Mayor and Councilmen At its meeting of May 21, 1975, the City of Dubuque Planning and Zoning Commission considered the petition of Medical Associates requesting an amendment to the Hospital-Medical District so as to permit the sale of optical goods on their premises. At that meet- ing, the Commission deferred ac- tion on this amendment until it had considered zoning provisions for the Hospital Districts for in- clusion in the new Comprehensive Zoning Ordinance. These new pro- visions were considered at the Commission's work session of June 4, 1975 and included a requirement that accessory commercial-type uses shall be treated as Special Exception uses in the hospital- institutional zone. In accordance with this ap- proach, the Planning and Zoning Commission has determined that the Special Permit treatment of optical goods sales, proposed as an interim amendment to tbe ex- isting Hospital-Medical District, is the more appropriate response to the Medical Associates petition. Therefore, the Commission has elected to set a public hearing on Special Session, June 9, 1975 255 June 26th on the form of ordi- nance presented to you as Alter- nate "B", which provides for the addition of ,optical goods sales as a use permitted by Special Excep- tion in the zoning district. If it is the Council's intent to convene its public hearing on June 30, 1975, we recomrnendtbat you act to set the proposed ordinance known as Alternate "B" for consideration at that public hearing, with the ex- pectation that the recommenda- tion of the Planning and Zoning Commission would be forthcom- ing at that time. ' CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. AN ORDINANCE Amending Or- dinance No. 3-34. as amended by Ordinance No. 10-73, and known as "The Zoning Ordinance of the City of Dubuque, Iowa," by amend- ing Section 2 of Article IV-A thereof, known as the "Ho,pital- Medical Districî," so as to include the dispensing of Optical Goods by prescription as an accessory use within Office Buildings in Said District (ALTERNATE "A"), presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Second- de by Councilman Staclds. Carried by the following vote: Yeas-Councilmen Lundh, Stack- is, Thoms. Nays-Mayor Justmann, Coun- cilman Brady. Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Councilmen Lundh, Stackis, Thoms. Nays- Mayor Justmann, Coun- cilman Brady. Councilman Thoms moved tl1at a public hearing be held on the Ordinance on June 30, 1975, at 7:30 o'clock, P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the bearing in the manner required by law. Sec- onded by Councilman Stackis. Carried by the following vote: Yeas - Councilmen Lundh, Stackis, Thoms. Nays - Mayor Justmann, Coun- cilman Brady. AN ORDINANCE Amending Or- dinance No. 3-34, as amended by Ordinance No. 10-73, and known as"The Zoning Ordinance Of the City of Dubuque, Iowa," by re- pealing Section 2 of Article IV-A thereof, and by adopting a new Section 2 of Article IV-A so as to include tbe sale of Optical Goods as a use permitted by Special Ex- ception with the "Hospital-Medi- cal District" (ALTERNATE "B"), presented and read. Councilman Thoms moved that tbe reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Councilmen Lundh, Stackis, Thoms. Nays - Mayor Justmann, Coun- cilman Brady. Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Councilmen Lundh, Stackis, Thoms. Nays - Mayor Justmann, Coun- cilman Brady. Councilman Thoms moved that a public hearing be held OIi the Ordinance on June 30, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and ¡hat the City Clerk be instructed to publish notice of the hearing in the manner required by law., Sec- onded by Councilman Staclds. Car. ried by the following vote: Yeas - Councilmen Lundh, Stackis, Thoms. Nays - Mayor Justmann, Coun- cilman Brady. ORDINANCE NO. 17.75 An Ordinance Adopting a Char. ter for the City of Dubuque, Iowa, Embodying the Existing Form of Government on July I, 1975, Presented and read. Councilman Stackis moved that the reading 256 Special Session, June 9, 1975 just had be considered the first reading of the Ordinance. Second- ed by Mayor Justmann. Carried by the following vote. Years - Mayor Justlnann, Couu- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Councliman Stackis moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Justlnann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- I climen Brady, Lundh, Stacki., Thoms. Nays-None. ORDINANCE NO. 17.75 AN ORDINANCE ADOPTING A CHARTER paR THE CITY OP DU- BUQUE, IOWA, EMBODYING THE EXISTING FORM OP GOVERNMENT ON JULY !, 1975. BE IT ENACTED BY THE CITY COUNClJ. OF THE CITY OP DU- BUQUE, IOWA, SECTION I. Pu,po'" The pu'poso of this o"Iin,n" is to provide fo< , chm" cmbodying the fonn 01 gomnme"t ",i"- ingonJulyI.!975. SECTION 2. Ch"',,. This o,diMn" m'y b, c"ed " th, Ch"t" of tho Ci,y 01 Dubuquo, low,. SECTION 3. FMm of Goverwm",'. Tho fo'm 01 gomnmont 01 the City of Dubuque, low" ¡, the Coundl-M,n- ,.,,-,,-b,.o fo'm of gomnment. SECTION 4. Powr" ,.J D.#". The City Coundl ,"d M,yo< ,nd City M,n- 'g" ,nd oth" City oHic", hm .uch po,",," ,nd .Iun p,<lo'm .uch duti" " '" ,uthoriZtd °' "qui"d by ""e low and by the o,din"""" ",oIuti""s, ,ul" and "gubtions oi ,ho City 01 Dubuque, Iowo. SEcTION 5. Numb" ,.J T"m of Council. The City Council co",im 01 Bvo (5) coundlmon ol""d " I"go fo, 't"moffout(4)y,,'" SECTION 6. T"m of M,yor. Tho City Council sb,ll el", one of i" mombers to "", .. m,yo< ,nd such ,I,,"on sh,ll be m,de .. the first council m.."ng in J'"u"y of o""h ym ,nd tho ",m 01 tho m,yor .h,n b, for ono yo". SECTION 7. Copt" on Filt. Tho City Clock .hon k"p ,n offici,I copy of chi. d""" on file with the offici,1 t"ord. 01 hi.'oHi", ,nd ,h,ll immedi"ely fil, , copy 01 tho Ciey Ch""t with th, S"re",y 01 Sr." 01 Iowa, ,nd .1,,11 keep topl<. of th, Ch""r avoil,ble ,t th, City Çl.t~'.office for publIc 'n'p"tiOfi. SECTION 8. Wh... IJffecÛve. This Ot- diMn" .h,n be ,ff"tivc ,ft" i" Bn,I p",ago, 'þpro",1 ,nd publ",'ion " ,,- qui"" by law. P""d, adop"d ,nd ,pptond by th, City Council of the Chy 01 Dnbuque, low" on chi. 9th d,y 01 Jun', 1975. C. Robe" Juctm'nn M,yot Alvin E. Lundh Emil St"ki, Jam" E. Brody All," T. Thoms Councilm,n A".." L" F, F,ommelt City Clock PublI.h,d off"ially in the ToI'g"ph Herald New.p'p" this 12th d,y of June 1975. L,o F. Ptomm,It City Clerk It. 6-12 Councilman Stackls moved final adoption of the Ordinance. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. ORDINANCE NO. 18.75 An Ordinance Amending Ordi- nance No. 4-33 Being Ordinance Requiring Certain Business and Vocations Conducted in the City of Dubuque, Iowa, To Be LI. censed By Repealing the Provi. sions Thereof Relating to Thea- ters and Enacting A New Provi- sion Relating to Theaters in Lieu Thereof, Presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to he read on three separate days be waived. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. ORDINANCE NO. 18.75 AN ORDINANCE AMENDING ORDI. NANCE NO. 4-33 BEING ORDINANCE REQUIRING CERTAIN BUSINESSES AND VOCATIONS CONDUCTED IN THE CITY OP DUBUQUE, IOWA, TO BE LICENSED BY REPEALING THE PROVISIONS THEREOF RELATING Special Session, June 9, 1975 251 TO THEATERS AND ENACTING A NEW FRO VISION RELATING TO THEATERS IN LIEU THEREOF, NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1> Thot O,dinance No. 4-33 known" 'n Ordin,nce providing th" c""in hu.!n..". ,nd vo"'i"". con- duc"d in tho City of Dubuqu" low" b, Iice",ed, be ,nd the ..me i. he"by ,mend,d by "p,'¡Ing the "ttion pot. t,ining to th""" thttein, 'nd on",ing , n'w .ocrlon pe",ining to th"t'" in liou 'hmof. " follow", I. All 'ul", "gut"ion. ,nd t'quir... mon" of th, Low, of rh, S"" of low, ,nd the locol Building Cod, "Ioting to th"t"', motion pittu" .how, 'nd ox- hibition h,n. dun be Stricdy compli,d with 'nd ,uch "gul..ion. '" m,de , port of dsi. O,din,nre by "feronre th"eto. 2. Th"',, Ltc"",. Th, Lirens, for , th""r. motion pittu" the"", ope" hou", building or h,n u"d for public ,n"",inm,n", exhibi"on., ,how., °' con- c"" hoving, .",ins cop"ity of t", tb,n Two Hund"d 'nd Fifty (250) ,h,1I be 125.00 pOt y",; Th"t'" or h,II., etc.,h,ving , ""ing cop"ity between Two Hund"d and Fifty (250) 'nd Four Hundred (400), 150.00 pot y"'; Th,,- "" Ot h,Il., etc. h,ving , "'ting copoc- ity b"ween Four Hund"d (400) 'nd Eight Hund"d (SOO), $75.00 p'" y"'; The"ers, han., eto. h,ving , ""ins co- p"ity of OYOt Eight Hund"d (SOO), $100.00 pot y",. ,. L"", P,,'oá,. Any p"'on, ¡irm or cotporotion .""ing in bu.ino" ,ftor Aptil 1", f.t which ,n ..n..1 Ii"n" i. ". qui"d, m,y ,pply for 'ad hm i..ued to him, li"n" " provided by,S",ion 5 of Ordinon" No. '-53. Motion Pi"utO The.." und" common roof, bur con- "ining "p",to ."ting f,ciliti" ,nd "P'- me movie proj"tion di.phy f"iliti" .h,Ji be d"med "p"", th"t'" fo, the pu'po." of chi. Ordinance. P"..d, ,pptov,d 'nd ,dopttd chi. 9th d,y of Jnn' 1971. At"", Leo P. Frommtlt City Clerk Council Stackis moved final adoption of the Ordinance. Sec- onded by Mayor Justlnann. Cal'>- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stacki., Thoms. Nays-None. C. Roher< JuStm,nn M'yor Alvin E. Lundh Emil Stocki. J'm" E. B"dy AU,n T. Thom. Councilm'n June 6, 1975 Honorable Mayor and City Council Attached Is a resolution for ap.- proval of the permanent trallsfer of funds. This resolution provides for the transfer of $186,000 as fol- lows: From General FUnd.. ... .$45,000 To Recreation-Park FUnd for wage increase and property repair.. . .. .. . .. .. .. . $30,000 To Public Safety Fund for wage Increase and moving expenses .............,'.,.... $18,000 To Tort Liability Fund for in- creased premiums..... .$2,000 From Sanitatlon.Refuse Collection FUnd ................$70,000 To Sanitstion-Refuse Disposal FUnd for: ""......, $78,000 Landfill studies....... .$20,000 Energy recovery study.. $29,000 LandfiIJ dike construction end wage increase...... .$21,000 Additional suppUee "'" .$8,000 From Liquor Profits FUnd. .$68,000 To Trust & Agency Fund for increased fringe benefits as result of wag. settlements "...................$63,000 Your approval of this resolution is requested. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackls, Thoms. Nays-None. RESOLUTION NO. 197.75 A Resolution For Approval of the Permanent Transfer of Funds. WHEREAS, there Is now in the hands of the treasurer the sum of $45,000.00, credited to the General Fund; and WHEREAS, there is now in the hands of the treasurer the sum of $78,000.00. credited to the Sani- tation-Refuse Collection Fund; anti At"." Leo F. Ftommelt City CI"k Pubii.¡',d offici,Jiy H,,'¡d n'w,p'p" this 1975. in the Teleg"ph 12th <by of Jun, It. 6.12 Leo F. Ptomm,it City Clock ..,"~'^«-,~.~...._,.. - '~'~".~"c~c__"~~~Ld 25& Special Session, Tune 9, 1975 WHEREAS, there is now in the hands of the treasurer the sum of $63,000.00, credited to the Liq. uor Profits Fund; and WHEREAS, it is 'desired to transfer $2,000.00 from the Gen. eral FUnd to the Tort Liability Fund to provide for the 1974,cash defiCit; $30,000.00 from the Gen- eral Fund to the Recreation-Park Fund and $13,000.00 'from the General Fund to the Public Safety Fund to provide for additional 1974/75': expenditures; and 'WHEREAS, it is desired to transfer $78,000.00 from the Sani, tátidíi'Refuse, Collection FUnd to thé ',Sanitation-Refuse Disposal Fund,' to provide for' additional 19741-75 expenditures; and . 'WHEREi\.S,' it is desired to transfer $63,000.00 from the Liq- uor Profits ,Fund to the Trust and Agency Fund to provide for addi- tionaI'19,74/75 expenditures; NOW; THEREFORE, be it re, solved by, the City Council of Du- buque County, Iowa that said sum, <if $186,000.00, as set forth above; be and the same is hereby transferred from the General FUnd; Sanitation-Refuse Collection Fund and the Liquor Profits Fund to the, TortLiability FUnd,' Recrea- tion-Park' Fund, Public Safety Frind, Sanitation-Refuse Disposal Fund and the Trust and Agency Fund, and the City Auditor is di- rééted'to correct his books accord- ingly. Passed, approved arid adopted this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- éilmenBrady, Lundh, Stackis, Thoms. Nays-None. June 6, 1975 Honorable Mayor and City Council " The current budget covers the pèrlod.JaÌluary ,1, : 197FJune 30, 1975. Increased expenditures have occurred in this period and in or- der for the records to show that the money has been properly ap- propriated, it is necessary to adopt an ordinance amending the budget. Attached is an ordinanc~ plus supplemental information outlin- ing the proposed amendments and the areas of' expenditure. The amendments reflect in most cases expenditures previously authorized by the Council. The increased ex- penditures are ,principally in the areas of wage adjustment and spe- cial projects, You are requested to set a date for a public hearing on this ordi- nance and .10 direct the City Clerk to pubHsh the date of the hearing. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. , AN ORDINANCE Amending the Budget, as approved by Ordi- nances 1"74 and 38-74, presented and read. Councilman Thoms moved that the reading jnst had be considered the first reading of the Ordinance. Seconded by Coun. cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justlnann. 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 Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Thoms moved that a public hearing be held on the Ordinance on June 30, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded bycoulÎcilman Staclds. Carried by the following vote: : Special Session, June 9," 1975 259 Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Stackis, Thoms. , Nays-None. ORDINANCE NO. 19.75 Ordinance Appointing Transit ' Authority in and for the City of Dubuque, Iowa and Granting the Powers and Fixing the Duties of , Said Agency, Presented and read. Councilman Thoms, moved that the reading just had be considered the first reading of the Ordinance. Second- ed PY Councilman Lundh. Carried bJr, the, foIlowh1g vote: :Yeas - Mayor Justmann, Coun- cilmen, Lundh, Stackis, Thoms. , Nays-,Councilman ,Brady. " Councilman Thoms moved that the rule requiring an, Ordinance to be read on three separate days be waived. Seconded by Council- man Lundb. Carried by the follow, ing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, 'l'homs. N~ys-Councilman Brady. ORDINANCE NO. 19.75 ORDINANCE APPOINTING TRANSIT AUTHORITY ,IN AND FOR THE CITY OF DUBUQUE, IOWA AND GRANTING THE POWERS AND FIX- ING THE DUrIES OF SAID AGENCY. WHEREAS o~ Jun, 26, 1973, th, oIeo- to"" of th, City of ,D~buqu" low, voted iu f,yo< of th, p,op",,1 th" th, City of Dubuqu" low, "qui" , T"mit SY""" ftom th, Iot"",te Pow" Com- p,ny; 'nd WHEREAS, , ¡"n,it Anthod,y ,honld b, 'ppointed ,nd th, pow", ,nd dnd" of <h, 'g,n,y ,honld b, p,,",db,d; ,nd WHEREAS, <h, following ",m,d P"- 'on, hove h""ofo" b,,". ,ppointod to tom " m'mb", of "id T"n'" Antho,- ity fo, ,",I, "'m of y"" " tot ont ,,- 'p",ivdy ,nd which ,ppointm,n" w", ,ff",iv, " of th, 1" d,y of Angn", 1973. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE, IOWA, SECTION 1. Th" th, City of Dn- buqn" ,low, do" h",by """ ,nd ,,- "bli,h , T"n"t Auth",ity in 'nd fo, th, City of Dubnqn" low, df",ivo Jnly 1, 1975. SECTION 2, Th,t th, ,ppointm,nt of th, following n'm,d fo, th.., "'poctivo totm; of ym" Dod, M. Ri,k,n' fo, , "nn of two (2) y"" ,nding 8.1-750 Ch"", Solomon io< ""m of thm (3) y""",ding 8-1-76' G'o'g, E. D..ni~g" fo< , t"m of fon' (4) y"" ,nding "147. Which "'p",ivo totm, of off", 'om- m'n"d on th, I" d,y of Augu", 1973, b, ",d th, "m' i, h",by mifi,d, 'p- pmvod 'nd ,onfinn,d. SECTION 3. n" th, Tn"t'" ,1,,11 qu']ify by "king th,i, "'p"dv, °"1" of offi" ,nd filing '""'y 'omp'ny bond in th, pdn,ip,1 ,monot of 11000.00 in £,vo, of th, City of Dubuqu" low, in th, offi" of th, City Cl"k of th, City of Dnbuqu" 10wa. SECTION 4. Th" th, "b,y fo, t"h of th, fo"goi>i. melib", of th, T"n,it Authocity be 'nd th, "m, i, h",by fixod in th"mount of $300,00 pOt y'" fo, ",I, m'mb". SECTlON 5. A, ,oon", po..ibI, ,ft" <h, appointment of the initi,I memb"" th, Bo"d ,hall o'gani.. iOt i" t"n"c- cion of booin"" <loot ftom i"own num- b" , Chai'man ""d , S"""'y whooh,U tom fo' ,",I, t"n" " the BOOtd sh,U d""min" not "",ding th.., t"m, of offi" " memb", of th, Bo"d, and ,dopt By-bw" Rul" ,nd R,gnl,tion, to govom th, p,omding, of theBo"d. M'mb", of th, Bo"d ,hall '],0 hold off", uutil th,¡, "'p"tivc 'u"",o" hove boon ,ppointod and hove qu,Iifi,d. Two "",b", of th, Bo"d ,hall """tituto a quOtnm fo, th, t"n.."ion of butin",. AU ",ion of th, Bo"d,haU b, by ",oIution and th, ,f- fi,m,tivovo" of " Imt two "emb", ,hall be n",.."y fo' th, adopdon o£ 'ny ,,"olution. AU ",oIucio"" of th, Boud and aU do,um,n" and ",o,do in i" po..,..ion ,h,U be public "'o,d, ,.d op,nto pnbli, iutpe"ion, m'pt ,",I, do,um,n" ,'nd "'o,d, " ,h,U b, k'pt °' p"pmd by th, Bo"d fo, u" aud n,- goti,tiom, "cion 0' p,o",ding, to whi,h clt, Boud i, , p",y. SECTION 6. Su,h Bo"d of Tcu,to" ,h,U hove po"""on, m'nag'm'nt, ,h"g, and ,"p,dntond,n" of th, "an,it 'y,- tem and ,1,,]1 hove th, pow" to ",ke ,nd ,nfo", tnI" ,nd"gul,tio", £0' th, oon"oI, tupmi,ion, mainton,n" 'nd op- ",cion of the "..,it ,ymm, 'nd '° buy, to "II 'nd ex,h"'j;e ¡ny pmpmy, v,hi- 01", 'quipm,nt 0' <igh" fo, the b,nofit and ,ffid,nt op",tion of ,'¡d ,ymm. Su,h Bo"d' ,h,U ,ho 1"., th, pow" to pu"h", 'quip",nt,nd may ""u" 'g"'m'n". , SECTION 7. Sn,h Bo"d of T"n,it Ttn"", ,h,U ,ho hove th, pow" to employ, fix th, oomp,"",ion of, ,nd '~nov" tubj", to th, pmvi,iom of the Civil Sm", ¡'w, 'u,h p,oi,..ion,I, ",1,- ni,,1 employ"" but not indnding '""u- dv,. 'kill,d 0' umkilled, " it m'y b, d'em,d n""..,y fo, th, op""ion ,nd m,inton,n" fOt ,n,h ",n"t ,ymm. Th, Bo"d may, ftom dm, to tim" fix ,nd ""bli,h 'ou", ,nd "hedul" 'nd ch,ng, the ..m, wh'n..., it i, d"m,d ,dvi..bl, ,"d ,1,,]1 hove th, pow", and it ,h,Ub, i" duty, m fix, main"in, togul", 'nd 'oIloot ""', £"" °' ,1",." fo, th, "an'pw,don of p""ng'" ,nd ,nyin- cid'nt,] "'V"", 'nd <h, ""'or ,h""i, to b, m,de fo, advetd,ing in bUt'" 0' 260 Special Session, June 9, 1975 'ny oth" f,Óllty und" th, con"ol of th, Bootd '0 th" the tmnti" of th, ,y'- "m will b, " ,II dm" ,u££]Óont lu th, 'g,"g'" to pwvld, fM th, p,ym,nt of th, Into"" on ,nd pdnÓp,1 of ,II bondt ,nd fot th, p,ym,nt of th, op"'tlon, m,;nto.,nco, d,pml,don ,nd od"t ,x- p,nt" of th, ",n,;t 'y'tom ,nd fot th, m"lon of , ""m fund fot th, put- ch", of mch n,w 'qulpm,nt " m'y b, ""on,bly noo"",y fot th, opmtlon of ,uch ",ntlt 'y'tom. SECTION 8. All fund, d,dyed hom ""don Ot oth"wl" fot ",ntlt 'y""" pmp"'" ,1,,11 b, dopo,ltod wIth the ,,"'- om of th, munlÓp,1 cotpot"lo. to ",d- It of "Id t"ntlt 'y"'m ,nd ,1,,11 b, wlthd"wn Ot p,ld out only by chook Ot d"ft upon th, b,nk ,Ign,d by th, Ch,lt- m,n of th, Bo"d ,nd coont",lgn,d by th, Sect"'ty th",of. SECTION 9. Th, B",d ,1,,11 h,Y< th, pow" to ,,11 ot oth"wl" dhpo" of ,ny p",onol pwp"ty which, In th, opIn- Ion nf th, Bo"d, ;, ob"lot, ot h no long" noo"",y to th, op""lon ,nd th, m,;oton,nco of th, mn,1t 'y",m. Notlc, of ,och "I, Ot dl,po,;don of mch p"- ,0n,1 ptOp"ty nf , volu' of mo" th,n $1000.00 ,1,,11 b, gIven by publbcion onco I. 0" .'Wtp,p" publl,h,d 10 ,,;d munlÓp,1 cotpomlon " I"" ton (10) d,y' bofo" tuch "I, ot di'p"lcion. Th, Bo"d ,1,,11 ""bll,h t",on,bl, tol" ,nd "gulocion' gomoiog ,1" "Ie ot di'pOti- cion of mch ptOp"ty. Any tOvonu, d,- dv,d ftOm th, ,,1, of mch ptOP"'y ,1,,11 b, d,po,;tod with th, t""O"t of th, City of Dubuqu" low, to the ",dit of the mn,it 'y"em. SEcTION 10. Conmc" ,nd 'gtee- men" enttted into wh"cio the Dubuqu, T"ntit Aothodty i, , pmy ,1,,11 not be tubjott to tOvi,w ,od ,pptovol by the City CouncIl of the City of Dubuque, low,. P""d, 'pptoved ,nd ,dop"d thit 9th d,y of June, 197L C. Rob"t J"'tm,nn M,yot Alvin E. Lundh Emil Stocki, AII,n T. Thom' CouncIlmen At"'" Leo F. F"mmelt City Clock Publl,h,d offici,lIy in th, Teleg"ph H",ld N,w,p'p" thit 12th d,y of Jun' 1975. Leo F. Ftommelt City Clerk it. 6-12 Councilman Thoms moved final adoption of the Ordinance. Sec- onded by Councilman Lundb. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Staclds, Thoms. Nays-Councilman Brady. Proof of Publication, certified to by the Publisber, of Notice of Pen- dency of Resolution of Necessity for public improvements upon pro- posed plans, specs., etc. for con- struction of Wasblngton Street Traffic Diverters, presented and read. Councilman Stackis moved that the proof of publication be re- ceived and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, COUll- cilmen Brady, Stackis, Thoms. Nays-None, Abslain-Councilman Lundh. Communication of Merlin & Ei. leen Heiar objecting to the in- stallation of diverters in the street at 1900 Washington St., pre- sented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays-None. Abstain-Councilman Lundh. Communication of H & W Mo- tor Express Co. objecting to ill- verters on Washington Street, pre- sented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Staclds, Thoms. Nays-None. Abstaln-Councilman Lundh. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Hank Waltz addressed the Coun- cil as being in favor of the di- verters. (Necessity for Improvement) RESOLUTION NO. 154.75 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk Special Session, June 9, 1975 showing among other things the folIowing: 1. An estimate of the cost of the proposed improvement for the Washington Street Traffic Diverters. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the proposed improvement, they shalI be deemed to have waived alI objec- tions thereto. Said improvement shalI be con- structed and done in accordance with the plans and specifications wbich have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment wiII be paid from the Road Use Tax Funds. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 19th day of May, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 9th day of June, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved final adoption of tbe resoiution. Second- ed by Councilman Staclds. Carried by the folIowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Stackis. Nays-Councilman Thoms. Abstaln-Councilman Lundh. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 198.75 WHEREAS, proposed plans and specifications and form of contract for the construction of Washing- 261 ton Street Traffic Diverters have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1975 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 9th day of June, 1975; and WHEREAS, the City Council met in special session this 9th day of June, 1975, at 7:30 o'elock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered: now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all obje<:tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: 262 Special Session, June 9, 1975 June 6, 1975 Yeas - Mayor Justmann, Coun- cilmen Brady, Stackis. Nays-'--Councilman Thoms. Abstain-Councilman Lundh. (Ordering Construction) RESOLUTION NO. 199-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 154,75 which was duly passed by this Conncil for the Washington Street Traffic Di- verters. ;Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY sball be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 9th day of June 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Attest: Councilmen Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Stackis. Nays-Councilman Thoms. Abstain-Councilman Lundh. Proof of publication, certified to by the publisher, of Notice to Con- tractors of receipt of proposals for the construction of School Sig- nal Improvement Project, present- ed and read. Mayor Justmann moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Stackis. Car. ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a.m. D.S.T., Thursday, June ,5, 1975 for the City of Du- buque School Signal Improve- ment Project. The lowest bid was entered by Paulson Electric Company of Du- buque, Iowa. Their bid was $19,256.54 for project number T. 735-7(5)--84-31, and $27,927.21 for project number T.735-1(6)-84-31. The total bid for construction is $47,183.75. This is 3.34% below the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Paulson Electric Company. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. (Awarding Contract) RESOLUTION NO. 200-75 WHEREAS, sealed proposals have been submitted by contrac- tors for the School Signal Improve- ment Project, No. T-735-7(5)-84.31 pursuant to Resolution No. 168.75 and notice to bidders published in a newspaper published in said City on May 14, May 21, 1975 and May 28, 1975; and WHEREAS, said sealed pro- posals were opened and read on June 5, 1975, and it has been de- termined that the bid of Paulson Electric Company of Dubuque, Iowa in the amount of $19,256.54 was the lowest bid for the fur- nishing of all labor and materials and performing the work as pro. vided for in the plans andspecifi- cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mention improvement be awarded to Paulson Electric Company sub- ject to Federal Highway Adminis- tration approval of the low bid and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- SpeCial Session, June!r, 1975 buque for the complete perform- anceof said work. BE IT FURTHER RESOLVED, that ùpon the signing of said con- tract and the approval of the con' tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundb Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F: Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: - Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays-None. (Awarding Contract) RESOLUTION NO. 201-75 WHEREAS, sealed proposals have been submitted by contrac- tors for the School Signal Improve- ment Project, No. T-735-1(6)-84-31 pursuant to Resolution No. 168.75 and notice to bidders puhlished in a newspaper publisned in sóid City on May 14, May 21, 1975 and May 28, 1975; and WHEREAS, said sealed propos- als were opened and read on June 5, 1975, and it has been deter- mined that the bid of Paulson Electric Company of Dubuque, Iowa in the amount of $27,927.21 was the lowest bid for the furnish. ing of all labor and materials and performing the work' as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned imprOvement be, award- ed to" Paulson Electric Company subject to Federal Highway Admin- istration approvai - of the low bid and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- 263 tract and the approval of the con- tractors bond the City Trêasurer is authorized and instructed, tore' turn the bid deposits of the 'un' successful bidders. ' 'Passed and adopted this 9th day of June, 1975. C. Robert JustIriann Mayor Alvin E. Lundh Emil Stackis James E. Brady' Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop. tion of the resolution; Seconded by Councilman Stackis. Carriéd by tbe following vote: Yeas - MaYOr'Justmann, Coun. cilmenBrady, Lundh, Stackis, Thoms. Nays'-None. May 22, 1975 Honorable Mayor and City Council This is to advise yoU that the City of Dubuque 1974 Asphalt Pav- ing Project No.2-Riverfront Sub- division No.5 has been completed in accordance with the City of Du-' buque plans and specifications. I, therefore, recommend the ac- ceptance of the above named proj- ect. Gilbert D. Chavenelle City Manager Mayor Justmann moved adop- tion of tbe resolution. Seconded by Councilman Brady. Carried by the following vote: - Yeas - May.or Justmann, Coun- cilmen Brady, Lundh, StackiS, Thoms. , Nays-None. Final Estimate RESOLUTION NO. 202.75 WHEREAS, the contract for the City of Dubuque 1974 Asphalt Pave ing Project No.2 Riverfront Sub- division No.5. 1. Roosevelt Extension from the S.P.L. of Kerper Boulevard to the' S.P.L. of Kilgore Street. ' 2. Kilgore Street from the W.P.L. of Roosevelt Street Extension. tô the N.P.L. of Hamilton street Ex" tension. '3. Hamilton Street Extension, ,from the S.P,L. of Kilgore Street to theN.P.L. of Lot 2 of Block 1, of Riverfront Subdivision No.5, Special Session, June 9, 1975 ,BE IT RlESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, tbat the City Treasurer be and he is hereby directed to pay to the con- tractor from the Land Sales Fund in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James E. Brady Allan T. Thoms Councilmen 264 Has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $85,108.62. That none of the cost thereof shall be assessable upon private property and $85,108.62 shall be paid from the Land Sales 30-9439- 131-00 Fund of the City of Du- buque. Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councllman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 203-75 WHEREAS, the contract for the City of Dubuque 1974 Asphalt Pav- ing Project No.2-Riverfront Sub- division No.5. 1. Roosevelt Extension from the S.P.L. of Kerper Boulevard to th~ S.P.L. of Kilgore Street. \ 2. Kilgore Street from the W.P. L. of Roosevelt Street Extension to the N.P.L. of Hamilton Street Ex- tension. 3. Hamilton Street Extension from the S.P.L. of Kilgore Street to the N.P.L. of Lot 2 of Block 1 of Riverfront Subdivision No.5. Has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore. Attest: LeoF. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. June 5, 1975 Honorable Mayor and City Council I am asldng your approval on the tentative three year Street Con- struction Program. This program must be submitted to the State by June 10, 1975 in order to receive our share of the State Gasoline Tax Refunds.. This program can be changed at anytime at your discretion. The cost of these programs is within our proposed budgets fur the next three years. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Staclds, Thoms. Nays - None. RESOLUTION NO. 204-75 Resolution approving a tentative three year Street Construction Pro- 265 Special Session, June 9, 1975 gram and submitting same to the Iowa State Highway Commission. WHEREAS, the office of the City Engineer has prepared, in accord- ance with instructions from the City Manager, a tentative Street Construction Program for the years 197'5, 1976 ami 1977; and WHEREAS, said construction program shall be filed with the Iowa State Highway Commission by June 10, 1975 for the purpose of allocating Road Use Taxes to muni- cipalities; and WHEREAS, this Council has re- viewed the tentative Street Con- struction Program of the City of Dubuque, Iowa. Now, therefore, be it resolved by the City Council of the City of !>ubuque, Iowa; that the tentative three year street construction for the years 1975, 1976 and 1977 as prepared by the City Engineer, be and the same is hereby approved and the City Manager is hereby di- rected to forward the required documents to the Iowa State High- way Commission. I Passed, adopted and approved this 9th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen lates civic awareness and gener- ates community spirit; and WHEJREJAS, it is deemed to 'be in the best interest of the City of Du- huque to continue to participate in the Iowa Community Betterment Program; now therefore BE IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the !Dubuque Ambassadors is endorsed as the sponsoring organization for the City of Dubuque in the Iowa Com- munity Bebterment Program, and they are authorized to enter the Community Awards Competition Cln behalf of the community. Section 2. That the Mayor of the City of Dubuque be and he Is here- by authorized and directed to serve as the official liaison of this body with the Dubuque Ambassadors. Passed, adopted and approved this 9th day of June, 197'5. G. Rohert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: LeoF. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- éilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOLUTION NO. 205-75 Endor.ing the Dubuque Ambos. sador. as Sponsors for the 1975 Iowa Community Betterment Program. WHEREAS, the City Council en- dorsed the Dubuque Ambassadors as the sponsoring organization for the City of Dubuque in the 1974 Iowa Community Betterment Pro- gram; and WHEREAS, it is recognized that participation in ti)is program stimu- Attest: Leo F. Frommelt City Clerk Councilman Thoms mClveq adop- tion of the resolution. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOLUTION NO. 206-75 Authorizing the Execullon of a Procla,imer Certificate for Sub- mission to the U.S. Department of Housing and Urban Develop. ment. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America ,en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project No. Iowa - R-15; and WHEREAS, the City of Dubuque in carrying out the project, is re- quired 'by the Secretary of the U.S. Department ,of Housing and Urban Development to certify the exist- ence of certain facts and to issue certain proclaimers; now therefore ,266 Special SessiQ!1, Jun!> 9, 1975 '" ,,'fiE IT,RESOLVEJD)3Y THE CITY COUNCIL OF THE CITY OF DU- )3UQVE,IOWA: ~~tlon h ¡hat the City E!1gi!1- -eerbe and he is hereby authorized ~and,.directed to prepare and exe- cute a Proclaimer, Certificate rela- Ji\o<Holecbnical specificati'Ons con- -fMmance 'with,localstandards or standards necessary\to,supp'Ort ur- ,-ban, 'r.enewsl' objectives for project ,improvements in accordance with the regulations, p'Olicies andre- quirements of the Secretary of the 11S. iDepartlnent of. Housing and ,UtbanDevelopment as,shalI be in ,effect'fr'Om time to time. Section 2:œhat the Director 'Of the 'Department of Community De. -velopnlent be,-a!íd be is hereby au- 1h'Orized '1Ind' directed to ' submit 'sucb pr'Oclaimer to the U.S. Depart- mentof'CHousingand Urban De- fvel'Opment'on behalf of the City of Dubuque.- , rllassed,ado¡jted 'and approved, this 9th day of, June, 1975. I r.b' , C. Robert Justmann Mayor Alvin E, Lundh EmU 'Síackis James E. Brady Allan T. Thoms Attest: (Jounéilmen Leo F. Frommelt ' City'CJérk , _!I1ayQr Jl!atmann moved adoption 'ur the - resolutl'On. Seconded by Cou!\cilwall StackJs. Carried by the foIi<iWing vote: , Yeas ~ Mayor Justmann, Col!n- cilman Brady, Lu)1dh, Stac)ds, Thoma. Nays'~ None. - May 27, 1975 H'Onorable Mayor ani! 'City CounclJ. 'rhis is t'Oadvise you that the City of' Dubuque 1974 Asphalt P<lving Project, Na. 1 has been completed in accordance with the City of Dubuque plans an,d specifi- cations. . I, therefore, recommend, the ac. ceptance 'Of the above named prO- ject Gilbert D. Chavenelle Citý Manager Mayor Justmann moved that the communication be received and filed.SeC'Onded by" Councilman Sotackis: Carried, by the f'Ollowing ""teL Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays :-'- N'One. FiMI Estlmat. RESOLUTION NO. 207-75 WHEJREAcS, the contr.act for the ,City, of Dubuque 1974 Asphalt Pav- ing Pr'Oject No.1 1. Algona st - from the S.P.L. of Grace-St.lo' theN.P.L. of St. JosephSt. ' 2. Asbury Road - J'Ohn F, Ken- -n'édy:Rd. intersection, reconstruc- tion and signalization. ' , 3:' Bicyê¡'epaih ~ from Termi. nal- Street to th,e south etjd of the flaodwalI. ' , "4: j3Iuff St. - fr'Om the S:P.L. <if ,EigJ¡th St.,to the S.P.L.of Jones ,S,tree!.. - ':'" , , 6. Blackhawk Dr. - from. the S.P.L. ,of Fox Dr. to the south end of the, street - 6. F'Ox Dr. - from theE.P.L. of Rockdale Rd. to the east end of the street. . : 7. Loras Blvd. - Nawata, Street intersection reconstructi'On. ' 6. Meggan Dr. - from the E.P.L. of Bonson Rd. to the W.P.L. of Dove Street. 9. Parking lot at the southeast corner of Tenth and Bluff Streets. 10. Princeton Placè - from the E.P.L. of Devan Dr. to the S.P.L. of Mineral st. 11. Stoneman, Rd. - from.' the W.P.L. of JohnF. Kennedy ,Rd. to the W.P.L. of Lot 1-1-1-1 of Hawk- 'eye'Stock Farm, ' ' 1i.Ea&! Twenty-f'Ourth St. - from KP.L.af Jackson St. t'O the C.G.W. Railroad tracks. 13. East Twenty-ninth St. and Lawther Street from the E.P.L. of Pinard St. to the S.P.L. of Bruns. wick Street. 14. Woodworth St. - from the N.P.L. of Clarke Dr. to the S.P.L. of LoweIl Street. - has been completed and the City Engineer has submitted his final estimate showing the cost therof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the, City Council of the City of Dubuque, That the cost of said improve. ment is hereby determined to be $20~,OQ9.j)4. ,,' ' Special Session, June 9, 1975 267 That $19,205.40 'Of the cost there- of shan be assessable upon private property and $183,803.64 shan be paid from the Raad Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil'StÌ\ckls James ,E. Brady' AnanT. Thoms Councilmen Attest: Leo F. Frommelt , City Clerk , , Mayor Justmann moved adoPtiôn of the resolution., Seconded ;by Councilman Stackis. Carrièd by the fonowing'vote: ' . Yeas,- Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. iA - Resoiutlon Accepting Improve- m.n~ and Directing ,he Clerk to 'P~blish Notlc..), ~ESOI,.UTION NO. 208.75 WHEREAS, the contract for the City of Dubuque 1974 Asphalt Pav- ing Project No 1 l. Algona S!. - from the S.P.L. of Grace St. to the N.P.L. of St. Joseph St. . , 2., Asbury Road - John F. Ken- nedy Rd; intersection, reconstruc- tion and signalization. 3. Bicycle Path - from Terminal Street to the south end 'Of the floodwaJI, 4. Bluff St. - from the S.P.L. of Eighth St. to the -S.P.L. of Jones Street. 5. Blackhawk Dr. - from the S.P.L. 'Of Fox Dr. to the south end of the street. 6. Fax Dr. - from the E.P.L. of 'I Ðockdale Rd. to the éast end of the street. 7. Laras Blvd. - Nowata Street intersection reconstruction. '8. Meggan Dr. - from the E.P;L. of Bonson Rd. to the W.P.L. of Dove Street. 9. Parking lot at the southeast corner 'Of Tenth and Bluff Streets. 10. PrincetonPlace - from the E.P.L. of Devon Dr. to the S.P.L. of Mineral Street. 11. Stoneman Rd. - from the W.P.L. of John F. Kennedy Rd. .to the W.P.L. of Lot 1-1-1.1 of Hawk- eye Stock Farm. 12. East Twenty.fourth St. - from E.P.L. 'Of Jackson St. to the C.G.W. Railroad tracks. 13. East Twenty-ninth' St. and Lawther Street - from the E.P.L. of Pinard St. to thé S.P.L. of Bruns- wick Street. 14. 'Woodworth St, -from the N.P.L. of 'Clarke Dr. to the S.P.t. of Lowen Street. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed' aé' cording to the terms of the con. tract,plans, and spScifications and recommends its acceptance, now therefore, ,BE ,IT RESOLVED, by the City CoullciJ of the City of Dubuque, that the recommendation of the City Manager be approved and tl¡at said improvement be and the s'sme is" hereby accepted and the City Engineer be 'and is hereby directed to prepare a plat and schedule showing the lots, or parcels of real estate subject to assessment for Mid improvement and file the same in the office of the City Clerk subject to public inspectian and said Clerk shaH upon receipt of such plat al)d schedule publish the notice of the CounciJ's inten- tion to levy special assessments tÞerefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he ;s hereby directed to pay to the contractor from the funds to be realized from the sale of street ;mprovement bonds issued upon the above de,scribed improvement in amount 'equal to the, amount of his co,ntract, less any retail)ed per, centage provided for therein. Passed.. adopted and approved this 9th' day of June, 1975. C. Robert Justmann Mayor ,: AlvinE Lundh Emil -Stackis James E. Brady AHan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis, -Carried hy the foIIowingvote: ' " , 268 Special Session, June 9, 1975 Yèas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOLUTION NO. 209.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Ronald Adams, 2195 Central Ave. Daniel W. and Marilyn K. Bauer, 315 Dodge 'Street Robert L. Becker, 2418 Central Ave. Birch Oil Co., Inc., Jones and Lo- cust Streets Dubuque Municipal Airport, Muni- cipal Airport Design Center Inc. Julien Motor Inn, 200 Main street Fischer Realty Co. Office Grill, 9tb 'and Main Street Fischer Bowling Lanes, 880 Locust Street Theodore J. Ferring, 1306 Elm St. Grandview Drug Store, 486 North Grandview Avenue John J. Heiderscheit, 1278 Central Avenue Imperial Bowling Lanes, 3505 Stoneman Road Karigan's Restaurant, 401 Central Avenue A. Y. McDonald Mfg. Co., 12th and Pine Streets National Tea Company, 2013 Cen- tral Avenue Raymond Ney, 2186 Central Ave. Palmer Drug, 2600 Dodge Street Joseph roHer, 2612 Dodge Street Douglas Schlickman, 90 South Lo- cust Street Paul W. Schollmeyer, 176 Locust SI. Albert J. Schulte, 1875 University Avenue Lawrence and Ethel Schwartz, 500 Rhomberg Avenue Earl Tegeler, 2311 Windsor Ave. Raymond, Tschiggfrie, 1190 Dodge Street Eileen Wunder, 1046 Central Ave. Kenneth J. Love, 802 ,Central Ave. Passed, 'adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. .ßrady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vole: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOLUTION NO. 210.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFOHE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the com- ,pUance with the terms 'of the Or- dinances of the City. CLASS "C" BEER PERMIT Riobert L. Becker, Geo. C. Kruse Co., 2418 Central Avenue Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor AlvIn E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOLUTION NO. 211.75 WHEREAS, applications for Beer >ermits were filed by the within named applicants and they have reeeived'the approval of this Coun- c¡¡:and Special Sessi(}n, June 9, 1975 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C"BEER PERMIT Robert L. Becker, Geo. C. Kruse Co., 2418 Central Avenue Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 212.75 WHEREAS, applications fo1" Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLV'ED by the City Council of the City of Dubuque, Iowa, that the following applications, be approveil and licenses issued upon the com- pliance with the provisions of Chapter 131, Acts of the First Reg- ular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eileen Wunder, Central Tap, 1046 Central Avenue Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F. Frommelt City Clerk 269 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms, Nays - None. RESOLUTION N'O. 213.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHElREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and aIL City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eileen Wunder, Central Tap, 1046 Central Avenue Passed, adopted and approved this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Attest: Councilmen Leo F. FrommeLt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Application for -Beer - Liquor Transfer requested by the B.P.O. Elks Lodge #297 from 7th and Lo- cust Sts. to 2699 J. F. K. Road, pre- sented and read. Mayor Justmann moved that the request be ap' proved. Seconded by Councilman Thoms. Carried by the following vote: Yeas - MayOr Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays ~ None. 270 Special Session, June 9, 1975 Councilman Thoms moved that the City Solicitor be directed to begin investiture proceedings against R. Hampton and Company, Inc., due to failure to commence and complete construction of im- provements upon Block 14 inDu- buqueDowntown Plaza during ex- tension of time allowed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays - None. RESOLUTION NO. 214-75 JOINT RESOLUTION By Between and Among Board of Supervisors, Dubuque County, Iowa and City Council, Dubuque, Iowa WHEREAS, the City Council of the City of Dubuque, Dubuque County, Iowa and the Board of Supervisors of Dubuque County, [owa are the local governing bod- ies operating under the statutes of the State of Iowa and are respon- sible for the health, safety, and welfare of the citizens residing therein; and WHEREAS, the said Board of Supervisors and City Council have determined that the flood bazards of the Little Maquoketa River and the Catfish Creek endanger the citi- zens of the metropolitan area, threatened life and/or property and that'uncontrolled development undertaken without full realization of the dangers of floods affecting the public interest therein; and WHEREAS, the said Board of Supervisors and City Council de- sire, in cooperation with their designated planning agencies, to have the flood hazard appraised to guide further metropolitan devel. opment of flood plain lands along the Little Maquoketa River and the Catfish Creek and to control the uses of land therein; NOW THEREFORE, be it re- soived that the Board of Supervis- ors of Dubuque Countý, Iowa and the City Council of the City of Du- buque, Dubuque County, Iowa; re- quest that tbe Iowa Natural Re- sources, Council, the coordinated state agency in Iowa, approve the joint application of Dubuque County and the City, of Dubuque adopted this date, for flood plain i,nformation study to be provided by the Corp. of Engineers, U. S. Army under the provisions of Sec- tion 206, Public Law 86-645 (Flood Control Act of 1960), and submits that application to the District En. gineer, U.s. Army Corp. of En. gineers, Rock Island, Illinois at the earliest possible date; and BElT FURTHER RESOLVED that the Board of Supervisors and City Council agree to provide assurance of local cooperation specified by the Corps of Englneersas follows: 1. Available information and data wiJI be furnished for the study. 2. The applicants wiJI publicize the information report in the com- munity and area concerned, and wiJI make copies available for use or inspection by responsible par- ties and individuals. ' 3. Zoning and other regulatory, development and planning agen. cies and publie information media, wiIJ be provided with flood plain information through their guidance and aþpropriate action. , 4. Survey markers, monumònts, etc. established in any federal sllt- veys undertaken for Section 206 Studies, or in regular surveys in the area' concerned, wiIJ be pre. served and safeguarded. Passed and adopted this 9th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Adopted by the Dubuque Board of Supervisors this 18th day of August, 1975. Donald C. Meyers Chairman Attest: Harold P. Meloy County Auditor Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays - None. j!7J: Special' S"ssion. June 9, 1975 There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Leo F. Frommelt City Clerk Approved ....................,............... 1975 Adopted """""""""""""""""" 1975 """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" ............................................................ ................................,........................... """"""""'c~~~~iï;;;~;;""""""""""" Attest: "èitŸ'éi;rk""""""""" ~7!2 Special Session; June 16, 1975 CITY COUNCIL mann. Carried by the following vote: Yeas - Mayor Justlnann, Conn. cilmen Lundh, Staclds. Nays-None. Absent - Councilmen Brady, Thoms. The following seaied bids were received: Investment Rating: Moody's Investors Service, Inc.- Aaa OFFICIAL Special 'Session, June 16, 1975. Cou'ncil met at 1:00 P.M. (C.D.T,) Presen,t~Mayor Justma'nn, Coun. cilmen Lundh, Stackis. City Mana- ger Gilbert D. Chavenelle. Absent - Councilmen Brady, Thoms. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is ca,lled for the purpose of PRO- I VIDING FOR THE SALE AND AWARD OF $125,000, AIRPORT BONDS and acting upon such other business as may properly come before a regular meeting of the Council. !Proof of Publication, certified to by the Publisher, of Notice of Meeting for the issuance of Airport Bonds in the amount of $125,000" presented and read. Councilman Staclds moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, StackJs. Nays - None. Absent - Councilman Brady, Thoms. Proof of Publication, certified to by the Publisher, of Notice of Sale of Airport Bonds in amount of $125,000., presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays - None. Absent - Councilmen Brady, Thoms. Mayor Justmann called for open or oral bids and receiving none, moved that oral bidding be closed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays - None. Absent - Councilmen Brady, Thoms. Councilman Stackis moved that the sealed bids received be opened and read. Seconded by Mayor Just- $125,000 CITY O'F DUBUQUE, IOWA Gen,era' Obligation Airport Bonds Date of 'Sale: June 16, 1975 Bld<lers: Carleton D. Beh Co., Des Moines, Price 100.4330: Coupon 1977-79; Rates 4.40%: Net Interest 4.2453%, $14;859. The Merchants National Bank of Cedar Rapids, Iowa, Price 100.2600; Coupon 1977-79: Rates 4.40%: In- terest 4.30714%, $15,075. First Mid America, Inc., Omaha, Price 100.0140: Coupon 1977.79: Rates 4.40%; Net Interest 4.395%, $15,383. Dain, Kalman & Quail, Inc., Davenport, Price 100.1320; Coupon 1977-79; Rates 4.60%, Net Interest 4.55286%, $15,935. Iowa-Des Moines National Bank, Des Moines, Price 100.0300: Cou- pon 1977-79: Rates 4.60%: Net In- terest 4.589¡\%, $16,oa3. The First National Bank of Chi- cago, Chicago, Price 100.0718; Cou- pon 1977-79: Rates 4.70%; Net In- terest 4.674357%, $16,360. Councilman Stackis moved that the bid of Carlton D. Beh Co. be accepted. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays - None. Absent - Couneilmen Brady, Thoms. Councilman Stackis moved that all bidding be closed. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Staclds. Nays-None. Absent ~ Councilmen Brady, Thoms. Councilman Stackis moved that all bid checks of deposit be re- turned to the unsuccessful bidders. Special Session, June 16, 1915 Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis. Nays-None. Absent - Councilmen Brady, Thoms. RESOLUTION NO. 215.75 RESOLUTION providing for the $ille and award of $125,000 Air. port Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $125,000 Airport Bonds of the City of Dubùque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provis- ions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of gen- eral circulation in Dubuque Coun. ty: and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by None, con- sisting of par and accrued interest plus a premium of $ 0, with the bonds to bear interest at the rate of 0 per cent ( 0 %) p"r annum: and thereafter such sealed bids were opened, the substance of the best sealed bid being as fol- lows: the bid submitted by Carle- ton D. B"h Co. (Des Moines, Ia.) consisting of par and accrued in- terest plus a premium of $541.25, with the bonds to bear interest at the rate of Four & Forty Hund- reths per cent (4.40%) per annum: NOW, THEREFORE, Be It R~ solved by the City Council of the City of Dubuque, Iowa, as follows: Section, I. That upon being ad- vised in the premises it is hereby determined that the bid of Carle- ton D. Beh Co. for the purcbase of $125,000 Airport Bonds, as adver- tised, bearing interest at the rate of Four & Forty Hundredths per cent (4.40%) per annum, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Carle- ton D. Beh Co. Section 2. That the form of agreement of sale of said bonds to Carleton D;' Beh Co. be and the Same is hereby approved, and the ,273 'Mayor, City Clerk and City Trea~- urer are hereby 'authorized to exe- cute said agreement for and on be- half of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto, Sectio,n 3. That all resolutions or parts of resolutions in conflict herewith be and the same are here. by repealed. Passed and approved June 16, 1975. C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded June 16, 1975. Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Stackis. Nays - Nune. Absent - Councilmen Brady, Thums. RESOLUTION NO. 216.75 A RESOLUTION providing for the issuanca of $125,000 Airport Bon<ls and providing for the levy of taxes to pay the same. WHEREAS the City of Dubuque, Iowa, has heretofore established a municipal airport pursuant to the law as now contained in Chap- ter 330 of the Code of Iowa, 1973, as amended, and said airport Is now owned by said City under the management and control of its Airport Commission: and WHEREAS, under the prOvisions of Section 330.16 of the Code of Iowa, 1973, as amended, the City of Dubuque, Iowa, is authorized to issue its airport bonds for the purpose of improving said airport and in accordance with the request of the Airport Commission and as ordered by this City Council, no- tice of a meeting of the City Coun. cil for the purpose of instituting proceedings and taking action for the, issuance of $125,000 Airport Bonds of said City to pay the cost of improving said airport has here. tofore been given in the' manner, time and form as required by law; and WHEREAS no petitions or ob. jections have bßenfiled or m.adé 274 Special Session; June 16, 1975 protesting, the issuance of said bonds and no petition has been filed' with the City Clerk under the proviSions of ,either Section 330.16 or Section 408A.2 of the Code of Iowa, 1973, as amended, asldng ,'!haUhequestion of issuing said bonds be submitted to the voters 'of said City: , NOW" THEREFO~E, Be It Re- sdIve,fby'the City Council' of the CiW,,~f:B~buque, Io)';a, as followS: Section !. ~"tT,pllrsuant to and as authorized b~'Section 330.16.of the Code of Iow~,19.73, as åmêìli1' ed, there shall be, and there is i hereby o~dered, issued,theJ)ego- I' tiable, ðÏ1'Mrt Bojlds of Said City i of Dubúqu.,-in the,pfincipal amount; of, $12p,OÖO, sai,d bónds to, be tW,en- : Wfive"(25)Ïn'number, 'nul!'bered ' 'cQnseclltively 'fr"m 1 to 25, incJú- I' 'siVe, oftÍìë denomination of $5000 : each, and dated June 1,1975. That i all'of the bol\ds, of said issue shall 'I bear interest,from the date' there- ; of at the rate of Four & Forty: Hundreths, percent (4.40%) per an- II num, such interest being payable I December 1, 1975.. and semiannual- , Iy thereafter on the first days of : June and'necemberlil'each year i until tIieprincipaI' thereof is paid. , Said bonds shall be signed by the: Mayor arid~ttested by the City; Clerk '.and ,the seal of said City! ~ffixed, and be registered as to :1 issuance by the' City Treasurer !I and a~ertificate of such registra- I tion endorsed thereon. Interest on ! s~id bonds shall be evidenced by , coupons thereto attached and ma- , turing on the several days when: such interest matures, which cou- ' pons shall be -executed witb the facsimile signatures of said offi- cials, ~nd said Mayor and City Clerk, by the execution of said bònds, shall adopt as and for their proper signatures their respective facsimile signatures appearing on said coupons. Both principal and interest of said bonds shall be pay- able in lawful money of the United States of America at the office of !be City Treasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and payable in ,I their numerical order $50,000 on June 1 of each of the year 1977 and 1.978, and $25,000 ,on June 1, 1979. , Section ','2. ,That eâch,of' said bonds bs subject to, registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so regis- tered, and after such registration payment of the principal thereof shall be made only to the regis- tered holder. Any, bond so regis- tered,upon the request inwfiting of, sllch holder "personally or by attorney-in-fact, may be trans- ferred either to a designated trans- feree' or' to bearer, and the princi- pal of any bond so transferred and registered! to bearer' shall there- upon. be and, bec,ome: payable to bearer in Hke manner asjf such bond, had 'neve,,' beenregistere<i. Registrat,ion of, any, bonds as to principal shall, no,t' restrain the negotiability of, the coupons there- to attached bydeHvery merely. ' Section,3. That said bonds;, cou- pons, and provisions, for registra- tiòn be in substantially the follow. ing form: , '(Form'of,Bond) " UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE AffiPORT BOND, No. ......".. $5000 , KNOW ALL MEN BY THESE PRESENTS: That the City of Dt¡- buque in the County of DubUque and State of Iowa, for value ,re- ceived, promises to pay to bear- er, or if this bond ,be registered .os tJ principal, to the registere<¡ holder hereof, the sum of Five Thousimd Dollars ($5000) on the first day,of'June,19....,'witll interest on said sum from the date hereof until paid at the rate of ..:..... percent(........%) per annum, payable December 1, 1975, and 'Semiannually thereafter on the first days of June and Decem- ber in each year, such interest as may accrue on and prior to the maturity hereof to be payable on- Iyon presentation and surrender of the interest coupons hereto at. tached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of an author- ized series, of bonds ,numbered from 1 to 25, ,inclusive; issued by the City of. Duhuqt¡è:'putsuanLto Special Session, June 16, 1975 and in strict compliance with the provisions of Section 330.16 and Chapter 76 of the Code of Iowa, 1973, and all laws amendatory thereof and supplementary there- to, and in conformity with a reso- lution of the City Council of said City duly passed, approved and recorded, for the purpose of im- proving the municipal airport in and for said City. And'it'is hereby certified and recited that all acts, conditions and' things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed prece- dent to and in the issue of this bond, were and have been prop- erly existent, had, done and per- formed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same wiIJ respectively become due; that the faith, credit, reve- nues and resources and all the real and personal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of said City, including this bond, does not exceed any constitutional or statu- tory limitations. This bond is subject to registra. tion as to principal in the name of the holder on the books of the City Tre¡¡surer of said City, such regis- tration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall I not affect the negotiability of the coupons hereto attached, which Shall continue negotiable by de- livery merely. IN TEStIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed and the coupons hereto at- tached to be executed with the fac- simile signatures of said Mayor and City Clerk, which officials by the execution of this bònddò adopt as 275 and for their proper signatures their respective facsimile signa. tures appearing on said coupons, all the first day of June, 1975. .............................................................. Mayor of the City of Dubuque, la. Attest: .............................................................. City Clerk of the City of Dubuque, Iowa (Form of Coupon) No. """"""" $.............. On """................................,19........, the Treasurer of the City of Du- buque, in Dubuque County, Iowa, wiIJ pay to bearer ........................,... DoHars ($...................,............) at the office of the City Treasurer" Du- buque, Iowa, for interest due that date on its Airport Bol\d, dated June 1, 1975, No. ..................... """"""""""'M~Ÿ;;~"""""""""""""'" Attest: .............................................................. City Clerk (Form of Registration of Ownership) Date of Registration .............................................................. .............................................................. .............................................................. Name of Registered Owner ...........................................,.............,.... Signature of City Treasurer ...............................................,.............. .............................................................. On the back of each bond there shall be endorBed a certificate of the City Treasurer in the following form: City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of June, 1975. .............................................................. Treasurer of the City of Dubuque, Iowa. S..,tion, 4. That said bonds be ex- ecuted as herein provided as soon after the adoption of this resolu- tion 'as may be and thereupon they shall be delivered to the Treasurer of said City, who shall register the fact of the issuance of same in a book provided for that purpose and shan deliver said 276 Special'Session, 'Ju'n6'16;1975 bonds to the purchaSer, as deter. mined by this Council, upon reo celptof the purcbase, price, the same to be not less than the par value of said bonds with accrued interest tbereon, and 'all action heretofore taken in connection with the sale and ,award of said bonds Is hereby ratifJedand con- firmed in all respects. The princi- pal proceeds of the sale of said bonds shulPb.. de~otet! to and used with due diligence for the completion"of"the fac¡¡¡ties"~or which said bonds"'ure hèrehy aU' tMrlzed to be issued. The Council represents and certlfit!s that: (1) 'the said City ,has heretofore incurred it substantial binding oJ>. ligàtion with resPect to said facili- tieS; said binding oblig,atióu COm" prising architects" fees and con. struction 'contracts' in' the amount of not less than 214% of the esti- mated total cost of said facilities; (2) the City Council expects that over 85% of the spendable pro- ceeds of said bonds (including in- vestment proceeds) wiII be ex- pended on or before July 1, 1977, for the purpose of paying the cost of 'said faéiIit!és, said date being within three years following the date of issue of said bonds; -(3) work on the said faéiIities has proceeded 'and is expected to proceed with due diligence to com- pletion; (4) ilaid facilities have not been and are not expected to be sold or otherwise disposed of in whole or in part prior to the last, maturity of sáid I\onds; (5)al! 'Of thE! principal proceeds of thE! bonds' are needed for the purpose stated in the form of bond above set out, Including expenses incidental to such purpose and to the Issuance of the bonds; and (6) to the best of the knowledge and belief of the Council there are no facts, estimates or circum- stances ~ that would materially change the conclusions and repre- sentations set out In this section. Said Council, also certifies and further covenants with the pur- chasers and holders of said bonds from' time to' '. time outstanding that:, SO long 'as any of said bonds remainoutstandtng,moneys on de. pO;9lt in any fund or acconnt in êonneotion with'said bonds, wheth- eror not such moneys were de. rived from the proceeds of the sale of said bonds or from any other sources, will not be used in a manner which wiJI cause such bonds to be "arbitrage bonds" within the meaning of Section 103 (d) of the Internal Revenue Code of 1954, as 'amended, and any law- ful regulations ptomuigated òr prO'- posed thereunder, iMluding Sw, tions 1.103,13 and 1.103-14 of the Inoome Tax Regulations,{26,CFR Part I), as' the same presently exist, ot may Jrom time ,to time hereafter be 'amended, supplement. edor revised. The Council ,reo serveS the right, however, to make any Investment of such moneys permitted by state law If, when ,and to the extent tbat said Section 103(d) or regulatiOns promulgateB tMreunder shall be repealed or re. laxed or shall be held ;roid by-fInal decision of a court of cempetent jurisdiction, but only If àny invest- ment made by virtue of such re' peal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, 'result In making the In- terest on said bonds subjeet to federal income taxation. Section 5. That 'as requited by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a di. rect annual tax sufficient to pay the interest on said borids as it falls due, ,and also to' pay and dis'- cha1'ge the principal thereof at mattùity, th~re be and there Is hereby otdeted levIed on all the ta,,-.ble property In 'said City in each of the yeaJ."S while said bonds or any of them are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, hut not in limitation thereof, there be and there is hereby levied on all the taxable property In said City the following direct annual tax, to-wit: ,In the year .1976 for collection in the fiscal year ending June 30, 1917, a tax sufficient to pro- duce the sum of $61,ö00 for prin- cipal and interest; In, the year ,1977 for' collection in the fiscal year ending June 30, 1978, a tax sufficient to pro- duce the sum of $53,300 tor prln, cipal and,interest; Special Session, Jim" 16, 1975 277 In the year 1978 for collection ,in the fiscal year ending June 30, 1979, a tax sUfficient to pro- dnce the sum of $26,100 for prin- cipal and interest. ,That the principal or interest coming due at any time when there are Insufficient funds on hand to pay the sam. be, promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus 'advanced when the taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque Coun- ty and that said Auditor be and he is hereby instructed in and for ellchof the years 1976 to 1978, in- clusive, to enter for collection and asses" the, tax hereby anthorized. When annl>ally entering said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said tax- es shall be converted into the, debt service fund of said City and set aside therein as a special account to, be used solely and only for the payment of principal and interest of the bonds hereby authorized and for no other purpose whatso- ever. Section 7. That all resolutions or parts thereof in conflict herewith be and the same, are hereby re- pealed to the extent of such con- flict. Bassed .19,75. and approved June 16, C. Robert Justmann Mayor Attest: Leo F. Frommelt City Clerk Recorded June 16, 1975.1 Leo F. Frommelt City Clerk Councilman ¡¡tackis, moved adop. tlono! the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen ,Lundh, Staclds. Nays - None. Absent - Councilmen BradY, Thoms. There being no further businesS, Councilman Stackismovedto, ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Luttdh, Stackis. Nays - None. Absent -" Counéilmen BradY, Tboms. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted .....................................,1975. """""""""""""""""""""""""""""" ............................................................ ............................................................ ............................................................ """""""""""""""'c;¡~-;;cii;;;;¡:;""'" Attest: "'ciïÿ"ëïërk"""""""""""""""""'" 278 Special Session, June 16, 1975 CITY COUNCIL Communication of New Melleray Abbey offering their facilities for meetings, offering an opportunity for peace and quiet reflection, more particularly during July and August weekends, presented and read. Councilman Thoms moved that the communication be re- ceived and filed and referred to Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. OFFICIAL Sp<lcial Session, June 16, 1975. Council mel at 7:30 P.M. (C.D.T.) Present-Mayor Juslmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING AN AWARD O'F CON- TRACT, FOR THE CONSTRUC- TION OF WASHINGTON STREET DIVERTERS and acting upon such other business as may properly come before a regular meeting of the Council. Communication of Dubuque County Auditor sbmitting a com- promise settlement of sale of pro- perty, located 'at 850 Montcrest, in the amount of $200., which must be approved by the City and School Board before finalization ,of sale, presented and read. Councilman Staekis moved that the communica- tion be received and filed and re- ferred ,to the City Solicitor for recommendation. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 12, 1975 Honorable Mayor and City Council I submit to you the 1974 year end report of the Dubuque MU- nicipal Airport. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Mayor Just- mann proposing the Council com- pliment the Dubuque delegation of the Iowa House of Representa- tives and urging adoption of a resolution urging the Iowa Senate to defeat legislation relative to the operation of 65' rubber-tired higbway freight trains, presented and read. Councilman Thoms moved that the communication be received and filed and referred to the next meeting. Seconded by Councilman Stackiis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-Councilman Brady. June 5, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1973 the Civil Service Commission conducted Promotion- al examinations on April 22, 1975 for members of the FIRE DE- PARTMENT. The following members of the Fire Department have passed the Communication of Department of Transportation submitting Pri- mary Road Extension Maintenance and Operation Agreement for the period of July 1, 1975, to June 30, 1976, in the amount of $4,788.00 for Highways #20 - Fremont to Locust; #52 - Grandview Avenue to Dodge St.; #52 & Ia. 3 - Dodge St. to North Corporation Line (was $3583.50 last year), presented and read. Councilman Staclds moved that the Agreement be approved and City Manager be 'authorized to sign said agreement. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Stackis, Thoms. Nays - None. Spøcial Session, Jun.e 16,' 1975 279 ~~~.- ,--, p- ..-.'~'~" ,-.-, ,---- " written examinations with an av- erage of seventy per cent or better. ASSISTANT CHIEF-DIVISION Ruden, Ricbard W. ..... ..93% Winter, Carl J. ....:..... .88% Cherrier, William E. "'" .82% Miller, James C. ....... ..80'h% Badger, William P. .......79% ASSISTANT CHIEF- TRAINING OFFICER Pregler, John ............70% FIRE MARSHALL- CAPTAIN INSPECTOR Jochum, Wayne F. .......82'h% Boland, Robert C. ........79'h% CAPTAINS Miller, William T. .........87% Udelhofen, Gerald L. ..... .85'h% Andresen, Paul V. ........82% Link, Lyle R. ..-..........81% Andresen, James P. ......77% Deckert, John............ 74'h % McCoy, John B. .......... 74% EQUIPMENT OPERATORS- , DRIVER-ENGINEER Schuster, David W. .......81% Tigges, Richard S. .........79% Theis, Terrance L. ........ 77'h % Fitschen, Michael J. .......75% Voss, Roger A. ...........75% Peter, GeraldA. ..........73% Steil, Norman ............72% LIEUTENANTS Coleman, Edward A. ..... .82'h% Link, Kenneth J. ....... ..82% Stephan, Raymond G. "" .81% Lampers, John Michael.. .80% Hammel, William K. ...... 78'h % Roepsch, Richard F. .......77% Voss, Kenneth A. .........74% Stone, Robert C. ........ .73'h% Waddick, Robert M. .......73% Flick, Robert J. ...........70% All promotions on the Fire De- partment should be made from this list. Marvin A. VanSickle Chairman 'Louis F. Fautsch Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 5th day of June 1975. Violet Savary Notary Public Councilman Lundh moved that the communication be received and filed and made a matter of r,ecord. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 12, 1975 Honorable Mayor and City Council Re: General Revenue Sharing- Planned Use Report for the Period July 1, 1975-June 30, 1976 The Office of Revenue Sharing requires each governmental recip- ient of Revenue Sharing funds to submit a Planned Use Report of how the recipient intends to use the funds. The Office of Revenue Sharing has notified us that our allocation of funds for the period July 1, 1975 to June 30, 1976 will be $933,975. This Planned Use Re- port must be published so that the citizens of the City of Dubuque will have an awareness of how the City plans to use the Revenue Sharing funds. The publication of the Report and the subsequent sub- mittal of the report must be made to the Office of Revenue Sharing by June 24, 1975. Attached is a completed copy of the Planned Use Report and below is a more detailed tabula- tion of how we anticipate using these funds. Public Safety-Police Departlnent Salaries $284,504: Fire Depart- ment Salaries $287,508; Airport Security $15,728: Supplies & Ser- vices-Police Dept. $75,000; Po- lice Automobiles $31,500. Total $694,240. Environmental Protection - Street Lighting - Electrical Costs $70,000; Storm Sewer Improve- ments $10,000. Total $80,000. Public Transportation - Transit System $40,000. Heallh - Ambulance Drivers' Wages $31,735. Recreation-Park Department Im- provements $10,000. Library-Library Books $37,000. Social Services for Aged or Poor- $21,000. Multipurpose & General Govt.- City Hall Renovation Program $20,000. TOTAL-$933,975. You are requested to authorize the City Manager to sign the .C"-~~_&~~_.c- ._--,- -~ 'c_c... '.~-~, '280 Special Session, Juno "16, 11}75 SpøcialSession, 1111\1",16,,;1975 281 planned Use Report and to direct the City Clerk to publish this re- port in our local newspaper. Francis A. Murray Assistant City Manager CO11llcilman Thoms moved that the report lJe approved aJld City Manager authorized to sign said report. Seconded by Councilman Stackis. Carried hy the following vote: Yeas-Councilmen Lunqh, Stack- is, Thoms. Nays -Mayor Justmann, Coun- oilman I¡rady. Verbal reque.tof Councilman Lundh calling for a report from the CouJlcil's Cemmittee on study of existing' lI!:edical Associates property, presel\ted for discussion. Ass't., City Manager Murray ad- viØed thatpurcbase e~ the prop, erty' would not lJe a viable item for use bY the County & City. Councilman Thoms moved that Council appoint 3 members of Coullcil, Councilmen I¡rady; Stack- is and Lundh; 2 members of Ad- visory Commission, appointed by Cbairn¡an; 2 members of Low-Rent Housing Authority, appointed by Chairman, to further evaluate; Re- ~arch souree of funds; and Ex- plere acceptability o~ price with MedicaL Aaseciates. Seconded by Councilman Jnstmann. Carried lJy the following vote: Xeas, - Mayer JuStmalln, Coun- oUmeJl I¡rady, ¡;'pndh, Staclds, TlJoms. Nays-No,Jle. Notice of Claim of Dennis J. Driscoll, in estimated amount of $323.42, for car damage incurred as the result, of paiJlt spray by youngstElFs, involved in the clean- uP program at 673 Jefferson St. on May,3,19~5, presented and read. CouncilmAn Thoms muved that the noticeo! claim be re- ferred, to the city Solicitor for proper proceedings. Se..cunqed by M,ayor Justmann. Carried by th,e following vote: Yeas - Maydr Justmann, Coun- cilmen ,'I¡rady, Lundh, Stackis, Thuma. Nays-None. Notice of Suit of MIlton L. Wie- ser; vs. City and I¡, &G Automo- tive Parts, in the amount of $11,000, on three counts as the re- sult 0..1 a fall on an icy sidewalk at the,. interseçtioJl . of Iuwa alld W. 11th Street 011' March 8,1975, presented and read. Councilman Tl\OmS IMved thattbe notice of suit be referred to the City Solici- tor for proper proceedings. Sec- onded by Mayor JustmanJl. 'carried hy the following vote: Yeas -Mayor Juatmann", COUII- cilmen ,l1rady, LI1J1qb, Stackis, Thoms. Nays,-None. Notice Elf. Blue cross.I¡lue Shield advising of. subrogatioll rights in the personal injury case of Mary Spielman wbich occurred on Marc\! 5, 1975, presented and read. Coun. cilman Thoms moved that the no- tice be referred to the City So- Iicitor ,for proper proceedinga. secended, by Mayor Justmann. Carried by, the following vote: Yeas - Mayer Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays...,Nene. ORDINANCE NO. 20.75 An Ordinance EstabUshing Air' pori Commission of the City of Duþuque, ,Iowa. fixi,ng th. pow. erS and duties of said çommis. sion, Presented and read. Councilman Thoms moved that the reading juat had be considered tbe first reading of the Ordinance, Sec,oud- ed by Councilman Lunqh. Carried by tbe following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lunq\!, Staclds, Thoms. Nays-None. CuuncilmanThoms muved' tl1at the rule requiring aJl Ordillance to be read on three separate daya be waived.. Seconded by Councilman Lundh. Carried by" the following vote: Yeas - Mayor Justmann, Coun. cilmen I¡1"àdY, Lundh, Stackis, Thoms. Nays-NoJle. ORD.lNANC¡; NO. 20.75 ORDINANCE ESTABLISHING AIR- PORT COMMISsiON 01' THE. ciTY OF DUBUQUE, IOWA, FI1!\NG, THE POWERS AN]) VUTI);S OF SbID COMMISSION. WH);REAS, ,on Augu" 14, 1950, th, ,1"'0"" of .h~ City of Duhuqu" low', vo"d i~ a Sp",ial );I,"ion iu favo' of th, p,opo,ai that ,h, City 01 Pqbuqu" Iowa, plat, th, ",anag"u,ut ',nd ,ou"ol of i" .<\i'po" in an Ai!pq" Gom",i"ion: and WHEREAS, pu".,nn" ,h""o ' and ,in a"«dan,, h",with au Aitpo" Commi,- ,;on ,hould b, 'ppoincod¡ aud WHEREAS, th, following na""d haY< h""ofo" b"n ,ppoincod to ."yo " """,b", uf "id Comn""ion fot ,hoi, "sp",i.. "rt" of y"" " hmin,fto, '" fo"h. NOW THEREFORE BE 11' OR. DAINED ,BY THE CITY COUNCIL OF THS CITY O~ DUBUQUE, IOWA, SEGTION ]¡ That th, .0Ilo"'ing nam,d ho and th,y ato, h"ohy appoiutod to th, Ai,po" Gommi"ion, of th,~City of Du" buqq" 10"", foi tho "'pooti., toml of y"" " h",in,ft" d"iguatod, Rach,¡ M.""halk foi . t"m of 6 y"'" ",ding9"lS,gO; D,. J.m". Chi< fo,. to"" of'~ y'",'ndingg"W7S, G,.dd Kop!",hk., 10' , to,m ..f ,<too" ending 9-14-77, S,,".y, Mutdo.k fo, '. t"m of. 6y'"s endins 9-14-76, John Higley fo, , t"m of 6 y"" ,nding 9-14-79: and,qch' .ppointm,ut of "id "sp",i.. m'mb"s of nh, Ai,po" Cdm- mi..ion be and the"m, .;, h",hy ap- p'oved, ",Hied and ",ufi"",d. SECTION 2, Th" ",hof th, foi,- going ..med 'hall qualify by "kihg hi, oath of oHio, and filing Su"'y Com- p,",y hqnd Inth, pdhdpa! amouht of $1000."0' in fa.or, of th,' City of Dq' huon,. Iowa. SECTION', Th" th, Ai,po" Co",- mi"ion of the City of Duhuqu" low,. .h,Il h,v, and "",i.. th,. pow", to ",'nage aud oou"ol th, Munkip,1 Ai,- po" of th, City of Dubuqq" low,,'" "pt that 'hid Commi"i.. ,h,II not ha., the pow" to "n ,,¡d Airpo". SECTION"., That the AirporrCom- m",ion of th, City of Dubqque, lo"'a, ,h,ll 'Mu,ny wdfy th, ,mount of t.x withi..th, limitation! of law to b, J"i,d fo, Airpo" pu'p"" and upon ..,h "'- tilk,clon. th, City eoundl may indud, "idaMount in it, budget. SE'CTION ¡,All fund,deriv,d "°M t",dOb or oth"wi" for ,irpo" purp'"" ,h,ll b, uud" th, oonttol of ¡,id Air- po"Commi"ion fo, th, pu<p"" of th, m""'gom'nt and opo",ion .nd ,ontwi of , ..id ,Ai,po" ,nd .h,ll b, depo,i"d with- th, City T""um to th, ",dit of th, Ai,po" Comm;,siou ,nd ,h,ll h, di,' bursed only on th, wtimn w,mnt or o,d", of th, Ai,po" Com",i"iou i"dud" in. the p,ym,ut of ,¡¡ ind,h"du'" ,d,- ing from th, '.,qui,itiou and comttu"ion of "'po," and th, m.in"nau" and up- mtion and ,,"m;ou th"",f. SECTION 6, Th, Ai'pO!t Co",mi"io" ,h,¡¡ immtdiatcly, aftOrth,do" of ",h ",uni,ip,1 f;",1 ye", fil, with th, City Clock, d".il,d .nd ,uditod wdtt,n ,,- po" of all th, mon,y ""iv,d ,nd di,- bu",d hy ..id Ai,po" Commi"ion du,- ;ug the fi"ai ym ,nd <oid repo" dwuld h, k'pt on fil, i" th, ollke of th, City Clack fo' publi, in'p",;on, SECTION 7, That th'"Aitpo" Com- mi"ion of th, City of Dubuqu" Io"'a, ,hall haY< th, pow" tomak,..¿. >n- f"" 'u'h ruI.., 'nd, "gubtio., .. in, i" dim"iün '" d"Med h"""'y ,nd 'V" prop"'" to. the "d,dy op"atiou, m'h- "g""'nt .nd tonttoI' and, lup"...io. of "id Aitpott ¡"mty. P"..d"pp,o.,d and adop"dthl, 16th d.y of Jun', 1971- C.Roh"t Ju!tm'n" M.yo, AI"ih E. Lti"dh Eiliil S".ki, J.m" E. Briay All,. T. Tho",,- Ço"uoihb,n At<"" L,o F. F'omm,lt City CI"k Publi,h,d oHidoily H",id n'w,p'p" thi, 197'. in th, Telêgtaph, 19thd,yofJu". L.. F. Fm....'!t City CUr. It. 6-19 Councilman ,Thoms, movedfillîll adoption of the Ordinance. Sec- onded by Councilman Lundh. 'Car- ried by the following vote: Yeas -MãyorJustmann, Coun. cilmen Brady, Lundh, St~ckig, Thoms. Nays-N6ne. ORDINANCE NO. 21.75' A" Ordl"""oe ,Amending Ordi-' nance No. 25 by Repealing Sec- tion I Thereof and Enacting a New Section I in Lieu Thereof, to Provide for the" Ap!>oinlnlent of the Board Members of tho Car"egle-Stout Free Public Li. brary and Establishing the Eli, glble Age of Said Board Melfi. bers, Presented and read, Concilman Thoms moved that the reading just had be considered the fitst read" ing of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote¡ Yeas - Mayor Justmann, Coun- cilmen Brady,' Lundh, Stackis, Thoms. Nays~None. Councilman Thoms moved that the ruie requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None, ORDINANCE NO. 21-75 AN ORDINANCE AMENDING ORDI' NANCS NO, "BY REPEALING SEt> TION I THEREOF AND ENACTING 282 Special Session, June 16, 1975 A NEW SECTION 1 IN LIEU THERE- OF TO FROVIDE FOR THE AFFOiNT- MENT OF THE BOARD MEMBERS OF THE CARNEGIE-STOUT FREE FUB- LIC LIBRARY AND ESTABLISHING THE ELIGIBLE AGE OF SAID BOARD MEMBERS. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION ¡, Th" O,din,n" No. 25 b, ,nd,h, "m' i, hmby ,m,nd,d by "p,,¡¡ng 'S",ion I thmof ,nd ,"",ing , n,w S"don 1 in ¡¡'u th,,'of " foI' low", ,"LIBRARY BOARD. S"don I. Th, Ò"n,gi,-Stout F", Fublic Lib",y of ¡h, City of Dubuqu, ,h,ll b, und", th, ,on"ol "nd di,,"ion of th, Bo"d of Lib"", T,u""'. S,id Bwd ,h,ll 'on- .." of ,ev'n m'mb", who ,h,ll b, ,p- pointed by th, M,yo, with th, ,pp,ov'¡ of . ,h, City Coundl. A, ,h, t"m' of offi" of ,h, p""nt ,n,umb,n" of th, Bo"d oxpi", ,h, Coun,il ,h,ll 'ppoiut ,h,i, 'u"",ott. Th", m'mb", ,h,ll b, 'ppointed hdo" July I, 1929, two m'm- b", sh,ll b, ,ppoiuted b,fo" Jnly 1, 1931, ,nd two m'mb", ,h,ll h, 'ppoin"d bolo" July 1, 1933, ",h of whom ,h,ll hold oHi" fo, ,ix y"" ,nd until hi, '"'- ""O, i, 'ppointed ,nd qu,¡¡Ii,d. Th, "'m of oHi" of ,ny m,mb" ,h,ll ,omm,n" on th, lot d,y of July in th, ytOt in which h, i, ,ppointed. V",nd" o"ut- âng on th, Bo"d thwugh d"th, "..g- notion °' p"m,n,nt "mov,l foom th, City ,h'¡l b, fill,d by ,h, M,JO' with th, ,pp,ov,1 of th, Coundl, but ,",h ,ppointm,n" ,h,ll b, m,d, to fill out th, unoxpi"d t"m fo' whi,h th, 'p- pointm,n, i, m,d,. Cidz,", ,nd ",id,nt' of Dubuqu" m,l, °' f,m,lt, om th, 'g' of dght"n (18) y"", '" ,Iou, ,¡¡gibl, to m,mbmhip on ,",h Bo"d. M,mb", of "id Bo"d ,h,ll ",dv, no tOmp,n",ion fo' thd, "tVi",." P""d, ,pp,ov,d ,nd ,dopted thi, 16th d,y of Jun', 1975. C. Rob", Ju"m'nn M,yo, Alvin E. Lundh Emil Stocki, J,m" E. B"dy All,n T. Thom' Coun,ilm,n Att"" L,o F. F,omm,It City CI"k Publi,h,d offid,lly in th, Ttl'g"ph H",ld n,w'p'p" thi, 19th d,y of Jun' 1975. Lt<> F. ",ommtlt City Cl"k It. 6-IS Councilman Thoms moved final adoption .of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: , Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-N.one. June 12, 1975 H.onorable Mayor and City C.ouncil I am returning. to you the Peti- tion of the Dubuque Packing Com- pany and tbe pr.oposed ordinance. restricting parking .on both sides .of East 15th Street from Sycamore east. I recommend favorable consid- eration of the ordinance and in support .of the recommendation, I " have attached a copy of a letter 'from Chief, O'Brien. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received' and filed. Seconded by Counçilman Lundh. Carried by the foll.owing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. ORDINANCE NO. 22-75 An Ordinaltce Amending Ordl. nance No. 33-49 known as "The Traffic Code of Dubuque, Iowa" as Amended by Repealing Sec- tiolt 85 of Schedule VI and En. acting a New Section, 85 to Schedule VI in Lieu Thereof to Prohibit the Parking of Motor Vehicles on Both Sides of East Fifteeltth Street from Sycemore Street to a Point 950 Feet Eest. wardly, Presented and read. MayòrJust- mann moved that the reading just had be considered the first read- iltg of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lultdh, Stackis, Thoms. Nays-None. Mayor Justmann moved that the rule requiring an Ordinance t.o be read .on three separate days be waived. Seconded by Councilman Stackis. Carried by the followiltg vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays~None. ! 283 $pøciaL Session, June 16, 1975 ORDINANCE NO. 22-75 Mayor Justmann moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilmalt Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Thpms. Car- ried by the following vote: Yeas - Mayor Jqstmann, Coùn- cilmelt Brady, Lundh, Staclds, Thoms. ' Nays~None. ORDINANCE 'NOT EFFECTIVE AND NOT PUBLISHED DUE TO N'ON,ACCEPTA,NCE OF CONDI- TION'S BY PROPERTY OWNERS. June 13, 1975 AN ORDINANCE AMENDING ORDI- NANCE NO., 33-49 KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, IOWA"'ÁS AMENDED BY REFEALING SECTION" OF SCHEDULE VI AND ENACTING A NEW SECTION" TO SCHEDULE VI IN LIEU THEREOF TO PROHIBIT THE PARKING OF MO- TOR VEHICI.ES ON BOTH SIDES OF EAsT FIFTEENTH STREET FROM SYCAMORE 'STREET TO A POINT 950 FEET EASTWARDLY. NOW .'1'HEREFORE BE IT OR- DAINED BY THE CITY COUNCIL O~ THE CITY OF DUBUQUE, IOWA, "SECTION 1, Th" O,di",n" No. 33. 49 known" "Th, T"ffic Cod, of Du- buque, ,Iuw," " am",d,d h, ,nd th, "m' i, h",by am'nd,d by "p,,¡¡ng SOt- tion " of ,S,hedul, VI thmof ,nd ,n- ,oting ""w SOttion " 0/ Sch,dul, VI In ¡¡", the"of " follow", "S,h,dul, VI 85. On both ,id" of E"t ,Fif"'nth Sm" ftOm, SY""'o" 8m" io ,a point 950 f", ",tw"dly." P,,¡,d, ,pptOVtd ,nd ,dopted thi, 16th d,y of Jun', 1971. C. Roh", Ju"";,n. M,yor Alvin E. Lundh Emil S,,<ki, J,m" E. B"dy All,n T. Tho"" Councilm'n Honorable Mayor and City Council I am returning to you the peti- tion of Mrs. Warren Conrad for traffic contrpl at' the intersection of 24th and Jackson Streets. The traffic committee has in- vestigated the situation and an or- dinance is submitted for your con- sideration which would regulate traffic so that travel east and west on Jackson would stop at 24th Street. It is recommended that 4 way stop signs be Installed for a trial period. I also .submit a cOpy of a letter from Chief O'Brien in explanatl.on of the recommendation. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh; Stackis, Thoms. Nays-None. ORDINANCE NO. 24.75 Am", Loo F. P,ommclt City CI"k PubI;,h,d offid,lly in th, T,l'g"ph H",id N,w,p'p" thl, 19th d,y of Jun' 1975. L,o F. Fromm,lt City Cl"k It. 6-19 Mayor Justmann moved' final adoption of the Ordiltance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. ORDINANCE NO. 23.75 An Ordinance authorizing Mr. & Mrs. Edward Mazurek to con- struct a picket fence, presented and read. Mayor Justmann moved that the readlltg just had be con- sidered the first reading of the Ordinance. Secoltded by Council- man Thoms. Carried by the follow- Ing vote: Yeas ~ Mayor Jqstmann; Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. An Ordinance Amending Ordi. nonce No. 33.49' known as the "Traffic Code of Dubuque, Iowa" as Amend.,d by Repealing Sec- tion A of Schedule II Thereof and Enacting a New Section A of Schedule II in Lieu Th.reof to Provide That Drivers of Ve. hicl.s Shall Stop at Every In. tersecticm Before Ent.ring Jack. 284 Special Session, Jùne 16, 1975 son Street Which is Designated as a Through Street from the North Property Line of East 12th Street to the South Prop. erty Line of East 24th Street and from the North Property Line of East 24th Street to the North Property Line of East 32nd Street, Presented and read. Mayor Just- mann moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-Councilman Brady. Môyor Justmann moved thôt the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-Councilman Brady. ORDINANCE NO. 24.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REFEALING SECTION A OF SCHEDULE II THERE- OF AND ENACTING A NEW SEC- TION A OF SCHEDULE II IN LIEU THEREOF TO PROVIDE THAT DRIV- ERS OF VEIDCLES SHALL STOP AT EVERY INTERSECTION BEFORE EN- TERING JACKSON STREET WHICH IS DESIGNATED AS A THROUGH STREET FROM THE NORTH PROP- ERTY LINE OF EAST 12TH STREET TO THE SOUTH PROPERTY LINE OF EAST 24TH STREET AND FROM THE NORTH FROPERTY LINE OF EAST 24TH STREET TO THE NORTH PROPERTY LINE OF EAST 32ND STREET. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SEcTION 1, Tho< O,din,n« No. 33- 49 known" ,h, "Tmffic Cod, of Du- buqu" low," " 'm'nded b, ,nd the "me i, h",by ,m,nd,d by "p"ling Soc- "on A of Sehedul, II ,hmof ,nd ,n- ,cting , n'w S,ction A to Sch,dul, IT in li,u th""of " follow, to wi" "A. Jock,on S,"'t !tom th, Notth pmpmy line of E"t 12th Sm" to the Sou,h ptOpetty line of Em 24,h S"m ,nd !tom th, Notth ptopetty lio, of E", 24th St"" to the' Nonh ptopmy lin, of E"t 32nd Stte"." P""d, ,pptoyed ,nd ,dop"d thi, 16th doy of June, 1975. C. Rob"t Ju"rn'nn M'yot Alvin E. Lundh Em;! Stocki, AII,n T. Thorn, At"'" 1.'0 F. Fmmmelt City Cl"k Publi,hed o¡¡ici,lIy in the Te1egmph H",ld n,w'p'p" thi, 19th d,y of June 1975. Leo F. Ftommolt City CI"k It. 6-19 Mayor Justmann moved filial adoption of the Ordinance. Sec- onded by Councilman Thoms. Car- ried by tbe following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-Councilman Brady. Petition of Dave Clemens, on behalf of Five Flags Corp., re- questing time on the agenda to discuss the architectural study of the Civic Center, presented for dis- cussion. Councilman Lundh moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Dave Clemens addressed the Council stating the Five Flags Cor- poration would like to purchase the total block of Urban Renewal Land next to the Orpheum Thea- tre; east half now and the west half within 18 months. Councilman Thoms moved that the City Man- ager and Development Director be directed to proceed with neces- sary papers. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Donna M. Ginter requesting refund of $211.25 on unexpired portion of Beer.Liquor License No. C38-37, as she discon- tinued business on May 18, 1975, presented and read. Councilman Lundh moved that the refund be granted and City Auditor directed to issl'e proper warrant. Seconded Special Session, June 16, 1975 285 by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of proposals for con- struction of Washington Street Di- verters, presented and read. Mayor Justmann moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays-None. Abstain-Councilman Lundh. June 12, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00a.m., Thursday June 12, 1975 for the City of Dubuque Washing- ton Street Diverters. The lowest btd entered was entered by Fiynn Company, Inc. of Dubuque, Iowa. The alternate bid of $15,352.40 includes refurbishing and install- ing the old standards as per your Indicated desire. To build the di- verters and use new steel posts the project would cost $13,252.40. The bid with the new steel posts is 4.8% over the estimate. The bid with the alternate is 7.8% over the estimate. I recommend the contract for the Improvement be awarded to the low bidder, Flynn Company, Inc. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Stackis, Thoms. Nays-None. Abstain-Councilman Lundh. (Awarding Contract) RESOLUTION NO. 217.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of Wash- ington Street Traffic Diverters pursuant to Resolution No. 155-75 and notice to bidders published in a newspaper published in said City on May 22, 1975 and May 29, 1975; and WHEREAS, said sealed propos- als were opened and read on June 12, 1975, and it has been deter- mined that the bid of Flynn Com- pany, Inc. of Dubuque, Iowa in the amount of $15,352.40 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Flynn Company, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 16th day of June, 1975. C. Robert Justmann Mayor Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Staclds, Thoms. Nays-None. Abstain-Councilmam Lundh. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity and hearing on proposed plans, etc., for construction of Repiace- ment of City Hall Electric Service and Associated Equipment, pre- sented and read. No written objec- tions were filed and no oral ob- jectors were present in tbe Coun- cil Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publica- """..~,^,,"-~-c".,,~. ..,",- '," 286 Special Session, June 16,' 1975 tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. (Necessity For Improvement) RESOLUTION NO. 186-75 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among oth- er things the following: , 1. An estimate of the cost of' the proposed improvement for Replacement of City Hall Elec- tric Service and Associated Equipment. BE IT THEREFORE RESOLVED tbat the City Council on it& ',own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvements, and unless prop- erty owners or any interested per- son at the time of the final con- sideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shaU be con, structed and done in accordance with the plans and specifications, which have been prepared there- fore by the City Engineer, which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the City Building Maintenance Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 2nd day of June, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Staclds, Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im. provements. RESOLUTION NO. 218-75 WHEREAS, proposed plans and specifications and form of contract for the Replacement of City Hall Electric Service and Associated Equipment have been approved by the City Council of' the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 16th day of June, 1975; and WHEREAS, the City Coímcil met in special session this 16th day of June, 1975, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed pians, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and aU objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that aU objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution eontaining the decision of this Council upon all objections which have been filed to the plans, specifications and SpecialSessiQn, June 16;' 1975 28'7 form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the foUowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, 'Stackis, Thoms. Nays-None. (Ordering Construction) RESOLUTION NO. 219-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa That pursuant to a Resolution of Necessity No. 186-75, which was duly passed by this Councii for the Replacement of the City HaU Electric Service and Associated Equipment. Be and the same is hereby or- dered constructed by this Council upon its own motion and with or without the petition of property owners. All work shaU be constructed in accordance with plans and specifi- cations heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from City Buiiding Maintenance Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE-. CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Counciiman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity and hearing upon proposed plans, specs., etc. for construction of Grandview Ave. and Highway #20 Traffic Signals, presented and read. No written objections were filed and no oral objectors were present in the Councii Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Stackis, Thoms. Nays-None. (Necessity for Improvement) RESOLUTION NO. 189-75 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Councii of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the Grandview Avenue and Highway #20 Traffic Signals. BE IT THEREFORE RESOLVED that the City Councii on its own motion or upon petition of prop- erty owners, deems itadvisabie 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 aU objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications 288 Special Session, June 16, 1975 which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and e"pense of making said improve- ment will be paid from the Road Use Tax Funds. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 2nd day of June, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Stackis Allan T- Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Second- ed by Councilman Thoms. Carried by the following vote: Nays-None. Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Decision of Council upon objec- tions to pians, specifications, form of contract and cost 01 im; provements. RESOLUTION NO. 220.75 WHEREAS, proposed plans and specifications and form of contract for the construetion of: Grandview Avenue and Highway #20 Traffic Signals have been approved by the City Council of the City of Du- buqueand public notice given as provided by Chapter 23 of the Code of Iowa, 1973, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 16th day of June, 1975; and WHEREAS, the City Council !!let in special session this 16th day of June, 1975, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all intereated parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 16th day of June, 1975. C. Robert Justmann Mayor James E. Brady Alvin E. Lundh Emil Staekis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Slackis moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. (Ordering Construction) RESOLUTION NO. 221-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 189-75 which was duly passed by this Couneil for the Grandview Avenue and Highway #20 Traffic Signals. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. Special Session, June 16, 1975 All work shall be constructed in I accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 16th day of June, 1975. C. Robert Justmann lIIayor James E. Brady Alvin E. Lundb Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackls moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 222-75 Preliminary approval of plans, specifications, form of contract, and all other documents for the construction of University Avenue Pedestrian Crosswalk in the esti- mated amount of $8,024.87, pre- sented and read. Councilman Thoms moved adoption of the res- olution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. (Necessity For Improvement) RESOLUTION NO. 223.75 WHEREAS, proposed plans, specifications, form of eontract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement 289 for the University Avenue Pedestrian Crosswalk. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the proposed improvement, they sball be deemed to have waived all objections thereto. SaUd improvement shall be con- structed and done in aecordance with the plans and specifications which have been prepared there' fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be paid from the Road Use Tax Funds. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 16th day of June, 1975. Approved and placed on file for final action. C. Robert Justlnann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved ap- proval of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 224.75 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file In the office of the City Clerk for public inspection for the University Avenue Pedestrian Crosswalk. 290 Special Sessj()n, Jùne16,,1975 BE IT THEREFORE RESOLVED WHEREAS, upon, said plat ap- that on the 7th day of July, 1975 Pears streets to be known as West- a public hearing will be held at more Drive, and also easements 7:30 p.m. in the Council Chamber .for public utilities which the Own- of the City of Dubuque at which er upon said plat has dedicated to time the objectors for the pro- public forever; and posed improvement may appear WHEREAS said plat has been and make objection to the pro- found by the City Council to con- posed plans and specifications and form to the statutes and ordi- proposed form of contract, to the nances relating thereto except that cost of the improvement and the the streets have not been reduced C~ty Clerk be alld he .is j¡ereby to grade or paving, sewer, water or dlfected, to cause a notICe of the sidewalks instalIed therein' time and place of such hearing to ' ' be ,puþlisj¡ed in some newspaper NOW, THEREFOR;E, BE IT. RE' published in the "Citÿ of Dubuque SOLV,E:Dby the ClIy Council of which shalI be not les~ than ,t,en the ClIy of Dubuque, Iowa: (10) days prior to the day fixed S~ctlon I. That the dedication of for its' consideration, and said Westmore Drive together with the Clerk is further instructed to ad- easements for public utilities alI yerlise, for proposals for the con: as th(same, appears upon said ~trucÍion of the aforementione4 plat; be and the same are hereby improvement. established as public, streets in the : "Passed, adopted and approved City of pubuque; , this 16th day of June" 1975. Section 2. That the plat of, the C- Robert ~ustlnann Subdivision of Lot B of Lot 2 of Mayor 2 of 2 of 1 of 1 of 1 of 10ff of Alvin E. Lundb Clarence ,Arlen's Place in the city Emil'Stackis of Dubuque, Iowa, and which will James E. Brady hereafter be known as Lots g3 AllanT: Thoms inClusive, of Block 1 in west Ridge Councilmen Addition in the City of Dubuque, Attest: Iowa; is hereby approved and the Leo F. Frommelt MayOr and City Clerk are hereþy City Clerk authorized and directed to'en- Councilman Thoms moved adop- dorse the approval of the City tion of the resolution. Seconded by of Dubuque upon said plat pro- Councilman Stackis. Carried by the viding the Owner, of said property, folIowing vote: hereinbefore named, executes writ- Yeas - Mayor Justmann, Coun- ten ~cceptance hereto attached, cilmen ,Brady, Lundh, Stackis, agreemg: Thoms. a. To reduce Westmore Drive Nays-None. and to gráde as shown by the pro- RESOLUTION NO. 225.75 files submitted with the plat. A Correction Resolution to Cor- b. To surface Westmore Drive a reel Resolution No. 363-74 Aþ- width of 30 feet with 6" Portland proving the Plat of Lots l' 13 ~ement Concrete Pavement, wit~ Inclusive All in West Ridge Ad- integral curb and g~tter o~ 8. dition in the City of Dubuque, RolI~d ,Stone Base wIth 2'6 BI- Iowa tummous Concrete Surface. AlI of . . the foregoing shall be constructed .WHEREAS, there has been fll~d according to the latest City of Du- ~~~h:t~ot <it~f ~~~r~ 0; 2 P~;t2 ~~ buque sp."cificati?ns. 1 of 1 of 1 of 1 of 1 of Clarence. c. To mstalI Sidewal~s o~ both Arlen's Place in the City of Du- sIdes of Westmore. DrIve m ac- 'buque, Iowa, is platted as Lot 1-13 cordance with t~e <:Ity of Dubuque inclusive of Block 1 of West Ridge Standa~d SpecifICatIOns for Perma- Addition in the City of Dubuque nent Sidewalks. Iowa, ,by Delbert Miller as Owne; d. To instalI water mains in ac' thereof; and cordance with plans submitted WHEREAS, said plat has been with this plat. examined by the City Planning and e. To install sanitary sewers in Zoning Commission and approved accordance with plans submitted by said body; and¡ with tbis plat. Special Session, June 16, 1975 f. To install the sanitary sewer and water house laterals for each lot to behind the property lines. g. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engineer. h.' To maintain all street im- provements and sewer and water mains for a period of four (4) years'fl!om the date of its accept- ance; , i. "To' construct said improve- ments prior to November 30, 1976. j. To provide the foregoing con- struction and maintenance as the expense" of ,the Owner. And further provided that Dei- bert Miller, as Owner of said Sub- division"secured the performance of' the foregoing conditions by providing security in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event DeI- bert Miller shall fail to execute the acceptance and provide secur- ity provided for in Section 2 here- of within forty-five (45) days from the date of this, Resolution, the provisions hereof shall be null and void and tbe acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded rol!.call vote this 16th day of June, 1975. C"Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk This is to certify that the se- curity required for the foregoing Resolution 225-75 has been' pro- vided by the Owner. Dubuque, Iowa, June 17, 1975 Isl Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 225.75 Delbert Miller, having read the terms and conditions of the fore- going Resolution 225-75, and being familiar with the contents there- of, hereby accept the'" same and 291 agree to perform the conditions therein required. Isl Delbert Miller Dated: June 17, 1975 Councilman Staekis moved adop- tion of the resolution. Seconded by Councilman ThomsiCarried by the following vote: , Yeas - Mayor Justmann, Coun- cilmen Brady,Lundh,Staclds, Thoms. Nays-,-None. June 12, 1975 Honorable Mayor and City Council For, continued funding of our telecommunications equipment for the Dubuque CitylCounty Law En- forcement Center, the City of Du- buque Police Departlnent and tbe Sheriff's Department, the Iowa Crime Commission il1fòtms us that a modified 28E Agreement must be executed. ' Funding from the Iowa Crime Commission is predicated on the principle that all law enforcement agencies in Dubuque County will conform to the long range State Telecommunications, System. Our origiual 28E Agreement, dated June 6, 1974, which covered Phase I of our telecommunications sys- tem in the Law Enforcement Cen- ter, only included Dubuque Coun- ty and the City of Dubuque. The Crime Commission informs us that in order for us to secure funding for Phase II, which will include a new base station, new mobile and portable radios for the City and additional radios for the County, it will be'necessary for us to i1l' elude the towns of Asbury, Cas- cade, Dyersville,Epworth and Far- ley in a 28E Agreement. The program will be for Du- buque County and the Citý of Du' buque to complete in 1975 Phase II of the telecommunicationssys- tem both for the City of Dubuque and Dubuque County law enforce- ment equipment and then in 1976 to allocate State funds for the modernization of police communi. cations equipment for the outlying towns. In order for us to proceed with our program you are requested to adopt the attached Resolution which:' 1) authorizes the City of Dubuque to become a party to the 28E Agreement: 2) authorizes the City Manager and Chief of Police to be members of the Governing 292 Special Session, June 16, 1975 Board, identified in the Agree- ment; and 3) authorizes the Mayor to execute the Agreement in the name of the City of Dubuque. Francis A. Murray As¡;istant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas ~ Mayor JuslIrtann, Coun- eilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 226.75 Resolution Authorizing the City of Dubuque to Become a Mem- ber of the Dubuque County Law Enforcement Telecommuni- cations Plan Under a 28E Agree- ment. WHEREAS, it is desirous to par- ticipate in the Dubuque County Law Enforcement Telecommunica- tions Plan as prescribed by the Iowa Crime Commission, and WHEREAS. it is necessary to en- ter into a 28E Agreement with par- ticipating members of Dubuque County to be eligible for Iowa Crime Commission funds, and WHEREAS, it will enable the Police Departlnent of the City of Dubuque to secure funding for ac- quisition of UHF radios and appur- tenances. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That tbe City of Dubuque be- ome a party to a 28E Agreement for a Law Enforcement Telecom- munications System for Dubuque County. 2. That the City Manager and Chief of Police be designated mem- bers of the Governing Board as stipulated in this Agreement. 3. That the Mayor be authorized and directed to exeeute this Agree- ment for the City of Dubuque, Iowa. Passed, approved and adopted tbis 16th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 12, 1975 Honorable Mayor and City Council You are being requested to au- ,thorize the Mayor to execute a matching resolution with the Iowa Crime Commission stipulating that the City of Dubuque will provide $13,550. This money will be used as matching funds for the purchase and iustallatiou of communica- tions equipment under Phase II of the City/County Law Enforce- ment Center Communications Plan. Phase II of the project will en- compass tbe conversion of all ra- dios of the City of Dubuque Po- lice Department from VHF to UHF. Plans under Phase II are to replace all existing outmoded VHF mobile and portable radios used by our Police Department and to construct a new UHF base station. Correspondingly, the Coun- ty will be participating in Phase II of the communications plan with the acquisition of additional VHF mobile and portable radios and modification of their base station. Total project cost under Phase II will be $124,074. The City's con- tribution will be $13,550, the Coun- ty's $5,524 and the Iowa Crime Commission's $105,000. For this expenditure the City will be add- ing $88,143' to its communications system and the County will be add- ing $35,931 to its system. In order for us to proceed with the project it is necessary for the Mayor to sign the attached non- supplanting certificate and a match- ing resolution. We would then ask that you authorize him to proceed with the signing of these docu- ments. Francis A. Murray Assistant City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. 293 Special SessiQn, June 16, 1975 MATCHING RESOLUTION RESOLUTION NO. 227-75 WHEREAS, the City of Dubuque of Iowa, by resolution duly passed heretofore, has resolved that it will provide during the approved project period cash funds for the following Iowa Crime Commission project: Title of Project, County-Wide Communications;, Amount of Funds Being Provided, $13,550.00. We further resolve that we will provide in-kind match during the approved project period for the following projects,: Title of Project 0; Type of In-ldnd (Salary, Space, etc.) 0; Valuation of In-kind Pro- vided O. Passed this 16th day of June, 1975. Signature: C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady AI1an T. Thoms Councilmen C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None, RESOLUTION NO. 229.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Dubuque Packing Company, 16th and Sycamore Street Thompson's Food Markets, Inc., Oky Doky #8, 2850 Burlington Street Passed, adopted and approved this 16th day of June 1975. C. Robert Justlnann 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 hy the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 228-75 WHEREAS, applÏcations 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 tbe City of Duhuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with tbe terms of the Ordinances of the City. C'LASS "C" BEER PERMIT Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, C<JUn- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. IJu¡buque Packing Company, 16th and Sycamor" Street Thompson's Food Markets, Inc., Oky Doky #8; 2850 Burlington Street Passed, adopted and approved this 16th day of June 1975. "",",,"~'~"~-- ---~-""~--"-h-or","'-'^' '~.""'-^'" " 294 Special Session, Jì.U1e 16, 1975 RESOLUTION NO. 230.75 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- SOLVE!) by the City Council of the City of Dubuque, Iowa, that the foliowing applications be ap- proved and licenses issued upon the compliauce with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Creslanes Bowling Inc, 255 South Main Street (Also Sunday Sales) Riverside Bowl, Inc., 1860 Haw- thorne Street (Also Sunday, Sales) Fischer Bowling Lanes, 880 Locust Street (Also Sunday Sales) , Joseph Edward Reisdorf, 601 Rhomberg Avenue , Phillip R. Love, 1701 Central Ave- nue Passed, adopted and approv.ed this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackiis. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 231.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were' iuspected and fouud to comply, with the State Law and ali the City Ordiuances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVE!) by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the foliowing named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Creslanes Bowling, Inc., 255 South Main Street (Also Sunday Sales) Riverside Bowl, Inc., 1860 Haw- thorne Street (Also Sunday Sales) Fischer Bowling Lanes, 880 Locust Street (Also Sunday Saies) Joseph Edward Reisdorf, 601 Rhomberg A"enue Phillip R. Love, 1701 Central Ave- nue Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Alian T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the foliowing vote: Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. RESOLUTION NO. 232.75 WHEREAS, applications for Liquor Licenses have been sub- mitted to this Council for approv- al and the same have been ex- amined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the foliowing applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular .session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Hazel E. Koeller, Copper Kettle, 2987 Jackson Street (also Sun- day Sales) Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Alian T. Thoms Councilmen Special Session, June 16, 1975 Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, , Staclds, Tboms. Nays-None. RESOLUTION NO. 233-75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with tbe State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVE!) by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the foliowing named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Hazel E. Koelier, Copper Kettle, 2987 Jackson Street (also Sun- day Sales) Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the foliowing vote: , Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 234-75 BE IT RESOLVED by the City' Council of the City of Dubuque, Iowa, that the foliowing 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 seli 295 Cigarettes and Cigarette Papers within said City. Thomas Astgen, 1101 Rhomberg Avenue Ronald J. Fens, 1121 University Avenue Beecher Co., Inc., 2399 White Street Beecher Co., Inc., 1691 Asbury Road Bishop Suburban Buffet of Du- buque, Iowa, Kennedy Mali Blue Moon, Inc., 1097 Jackson Street Ralph J. Cremer, 731 Rhomberg Avenue Creslanes Bowling Inc., 255 South Main Street Dubuque Golf and Country Club, Randali Place Dubuque Packing Company, 16th and Sycamore Street Victoria Ellis, 120 West Fourth Street Robert C. Ender, 2098 Central Ave- nue Frank and John George, 1481 Dodge Street John F. Glynn, 760 East 16th Street Lorraine Gordon, 2327 Central Avenue Vivian Heinz, 3301 Pennsylvania Avenue Carl Hirsch, 532 East 22nd Street Mary A. Miller, 700 East 16th Street Montgomery Ward Retail Store, 555 John F. Kennedy Road Kay J. Nemmers, 250 West 1st Street James L. Norton, 902 Main Street David Parochetti, 2600 Dodge Street Joseph E. Reisdorf, 601 Rhomberg Avenue Riverside Bowl, Inc., 1860 Haw- thorne Street John L. Savary, 827 Dodge Street Mathias Schnelier, 2372 Central Avenue Earl E. Schumacher, 2204 Central Avenue Joseph A. Schumacher, 2400 Cen- tral Avenue W. S. Sheppley & Co., Town Clock Plaza Alien C. Tressel, 2528 Central Ave- nue Thompson's Food Markets, Inc., Oky Doky'#6, 1256 Iowa Street Thompson's Food Markets, Inc., Oky Doky #8, 2850 Burlington Street 296 Special Session, June' 16, 1915 Thompson's Food Markets, Inc., Oky Doky #9, 51 West 32nd Street Car! VanDuelman, 590 Clarke Drive Will-Co. Inc., Oky Doky #10, 805 West 5th Street Bernard Willenborg, 1301 Rbom- berg Avenue' Douglas Zickuhr, 1701 Asbury Road George K. Arvauitis, 1958 Central Avenue Passed, adopted and approved this 16th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Couneilmen Attest: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Councilman Brady moved that Dan Dittemore be instructed to at- tend American Legion hearing on Liquor License in Des Moines on June 17, 1975. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas, - Mayor Justmann, Coun- cilmen Brady, Lundh. Nays - Councilmen Stackis, Thoms. Councilman Thoms further moved that the City Solicitor also be directed to attend this meet- ing. Seconded by Councilman Stackis. Carried' by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, '¡'homs. Nays-None. '¡'ker. being no further business, Mayor Justmann moved to adjourn. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Leo F: Frommelt City Clerk Approved ......,........ 1975 Adopted.. .... .. . .. .. '" 1975 """""""""""""""""""""""""""""" ......."................................................... """"""'-""""""""""""""""""""""" ..............................."........................... """"""""'C;;üiíëiï;;;ëñ"""""""""'" Attest: ................................................ City Clerk Special Session, June 23, 1975 CITY COUNCIL OFFICIAL Special Session, June 23, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. ChaveneJle. Mayor Justmann read tbe call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON THE REZONING OF LOT 10, BLOCK 3 OF METTEL.LINK SUB. DIVISION and acting upon such other business as may properly come before a regular meeting of the Council. A Bicentennial Flag was present- ed to the Council on behalf of Frommelt Industries. Communication of Mayor Just- mann (forwarded from last meet- ing) relative to the proposed op- eration of 65' trucks was WITH- DRAWN, No Action taken at this meeting. Communication of Dubuque County Conservation Society, in resolution form, being opposed to the Dubuque Industria) Bureau's plan to fill ina portion of the Mississippi River north of the Du- buque Lock & Dam to provide in- dustrial areas, presented and read. Councilman Stackis moved that the communication b. received and filed. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cíJmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Youth Ser- vices Board of Directors submit- ting minutes of their meeting of May 27, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cíJmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Playground & Recreation Commission being in favor of merging the Park and Recreation Departments with one 297 Director over both, presented and read. Councilman Stackis moved that the communication be reo ceived and filed and an Informal Session be held on July 9, 1975 at 7:30 P.M. in the Council Cham- bers with the Commissions and Council. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Dubuque Park Board encouragiug the Council to leave the preseut Recreation Com- mission and Park Boards as sepa- rate entities and each board re- quire the attendance of its depart- ment head at regular meetings of both Commissions, presented and read. Councilman Stackis moved that the communication be re- ceived and filed and an Informal Session be held on July 9, 1975 at 7:30 P.M. in the Council Cham- bers with the Commissions and council. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- ilmeu Brady, Lundh, Staclds, Thoms. Nays-None. Communication of Planning & Zouing Commission submitting minutes of their meeting of June 4, 1975, preseuted and read. Coun- cilman Thoms moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. Communication of Mayor Just- manu submitting a list of pro- posed Council Work Items: Mer- ger of City/County Health Depart- ment, Updating Council Agenda procedures and rules, Reconstruc- tion of Madison Park stairs as a Dùbuque Bicentennial Project, Propose withdrawal of City from Nstional Resources Council, Inves- tigate feasibility of acquiring small battery-powered cars to be used by City officials in place of large in- ternal combustion vehicles pres- ently assigned, presented and read. Councilman Brady moved that the reconstruction of the Madison Park 298 Special Session, JUne 23, 1915 steps be included in the 1976 Street Program. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays---None. 'Councilman Thoms moved to c?ntinuemembership in theNa- tional Water Resources Council. Seconded bY Councilman Stackis. Carried by the following vote: ,Yeas - Councilmen Brady, r;undh, Staclds,'Thoms. 'Nays---Mayor Justmann. ;'urther discussions on Updating Coul\ci!" Agenda Procedures & Rules and Merger of City/County Uealth Department' were set for the Council Meeting of JulY 14, ;975. ' June 18, 1975 Honorable Mayor '¡I\d City Council submitted' herewith are the re. ports of the Finance Director, Treasurer, Water Superintendent, Health Department, as well as a list of claims paid, for the month o£ May 1975. Gilbert D. Cbavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen 'Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Corps of Engineers ad- vising that applieations, perroits and comments are on 'file relative to performance of maintenance dredging at the John Deere Du- buque Tractor Works, presented and read. Councilman Stackis moved that the notice be received and filed. Seconded by Councilman Brady. Carried by the ~ollowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays---None: Communication of Collector of Accounts for the County submit- ting eleven petitions for the sus- pension o£ real estate taxes for Otis & Rosella Bersley, Louise Bieberman, Donald G. & Eleanor E.' Boettcher, Helen M. Bradley, Blanche Donovan, Buron A. & Inez F. Glab, Elsie E. r;ange, Bernard W. Mihm, Robert G. & Gertrude S. Ogaard, Elma B. Rembold, and Leona G. Rieken, presented and read. Councilman Thoms moved that the suspensions be approved and the City Clerk authorized to sign the petitions. Seconded by Councilman 'Stackis. Carried by the following vote: ' , -Yeas ~,Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis; Thoms, Nays-None. , Communication of Councilman Thoms requesting referral of the conservation of energy to theMan- ager and Transit. Board described as VanpoO,ling to make the SyS- tem o~ carpooling' more effective, presented and, read. Councilman Thoms ,moved that the communi- cation be referred to the City Man- ager and Transit Authority. See' ond~d by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Councilman Thoms suggesting that the Council direct the City AttorneY to pre- pare proper resolution expressing gratitude for effort done, on be- half of OUr legislators for' the re' ceipt of matching funds to com- plete our sewage treatment sys- tem, Presented and read. Council- man Stackis moved that the com- munication be referred to the City Solicitor to prepare proper resolutions to legislators. Second- ed by Mayor Justma¡m. Carried by the following vote: Yeas - Mayor Justmann, Coun' cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 16, 1975 Honorable MaYor and City Council Claim was filed on May 14, 1975 against the City of Dub\>que])y Virgil Lee Hutchinson, 357'", East 19th Street" Dubuque. Damages in the estimated amounts of $86.52 and $125.14 were claimed as the result of an alleged coJlision oc- curring on May 9, 1975 at the in- tersection of 13th and Iowa Streets with a City owned vehicle being driven by a -City empl<>yee. - ' Special Session, June 23, 1975 This matter was referred to the appropriate City agency who has made an investigation thereof and reports to this office that tbis claim has been amicably disposed of. It is therefore tbe recommen- dation of the City Attorney that the foregoing claim be denied, Original claim is returned here- with. R. N. Russo City Attorney ,Councilman Brady moved that the communication be received and filed., Seconded by Council- mal\ Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen : Brady, Lundh, Staclds, Thoms. ' "Nays---None. Notice of Claim of Sandra Bow- man, in the amount of $340.50, for personal injuries received in a fall on a defective sidewalk at 504 Bluff Street on April 29, 1975, pre- sented and read. Mayor Justmann moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, S\lickis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, Of Notice of Public Hearing to amend the Zon- ing Ordinance No. 3-34, by amend- ing Article IV Section 2 (h),pro- fessional use for Lot 10 Block 3 Mettel-Link Subd., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Ma- yorJustmann moved that the proof of publication be received and filed. Seconded by Council- man Thoms. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays---None. Mayor Justmann moved to sus- pend the rules to let anyone pres- ent address the Council if they so, desire. Seconded by Coul\cil- 299 man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays~None. Herb Bisping addressed the Council statil\g, the neighbors agreed the rezoning is an accept- able solution. ORDINANCE NO. 25-75 An Ordinance Amending and Changing, Ordinance NQ. 3.34, known a., ,"The Zoning Ordi' nance and Zoning Map of Ihe Cilýof Dubuque, Iowa," by Amending Article IV, Section 2 (h) Thereof to Include Certain Described Real Estate in Which Profes.lonal Offices or Studios of a Þhysician, Dentist, Archi. tect, Engineer, Lawyer, Realtor, Insurance, Musician, or Similar Professions May Be Permitted, Said Ordinance having been pre. viously presented and read at the Council Meeting of May 27, 1975, presented for final adoption. ORDINANCE NO. 25.75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZONING ORDI. NANCE AND ZONING MAP OP THE CITy OP DUBUQUE, IOWA", BY AMENDING ARTICLE IV, SECTION 2 (h) THEREOF TO INCLUDE CER- TAIN DESCRIBED REAL ESTATE IN WHICH PROFESSIONAL OFFICES OR STUDIOS OF A PHYSICIAN,' DEN. TIST, ARCHITECT, ENGINEER, LAW- YER, REALTOR, INSURANCE, MUSI- CIAN, OR SIMILAR PROFESSIONS MAY BE PERMITTED. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE, IOWA, SECTION I. Th" O,din,n" No. 3- 34, known" "the Zoning O,din,n" ,nd Zoning M,p 01 the City 01 Dubuque, low,," be ,nd the "me i, h"eby .mended by ,mending Atitde IV,' S",ion 2 (h) ,h",ol " lo!low", "A,tide IV. Section 2. h) Peol",ion,! oHk" °' "udio, 01 , physici.., denti", .rebitoct, eugin"t, lowYOt, ",ltoe, imuton", mu,ki,n °' ,imil" ptol",iun, whhin the lollowing d"ctibed "e" Lot 10 01 Block 3 01 Mmd-Link Subdivi,ion in the City 01 Dubuque, low.." SECTION 2. Th,t the lo"going Amendment h.. hemolo" boon .pptoved by the PIsnnin. ,nd Zoning Commission 01 the City of Dubuque, Ion" 300 Special Sessiøn, June 23, 1975 P""d, ,doptod ,nd ,pp,"vod th;, 23td d,y of Jun', 1975. C. Rob", Ju"rn'nn M,yor Alvin E. Lundh J'on" E. Bmdy Eon;! Stock;' AI!.n T. Thorn' Coundlon,n Atl"" L,o F. F,"onondt City CI"k Publiih,d offid,lly in ,h, Tel,.mph Umld Now,p'p" ,hi, ht d,'y of Au- '"'" 1975. L,o F. Flom-I, City CI"k It. '-I. Mayor Justmann moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - M~yor Justmann, Conn- cilmen Brady, Lundb, Staclds, Thoms. Nays-None. Petition of Gerald Udelhofen re- questing permission to excavate at 2965 Pennsylvania Ave., pre- sented and read. Councilman Thoms moved that the request be approved. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Petition of St. Patrick's Cath- olic Church requesting refund of $225 on unexpired portion of Class "B" Beer Permit, discontinued business on June 16, 1975, present- ed and read. Councilman Thoms moved that the refund be granted and city Auditor directed to issue proper warrant. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-Councilman Brady. Petition of Inns of Iowa, Ltd., requesting permission to block off Mercer Drive on June 28, 1975 from 5:00 P.M. to Midnight to con- duct a street party, presented and read. Mayor Justmann moved that the request be approved subject to the approval of the City Man- ager and City Engineer. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to I>Y the Publisher, of Notice to Contractors of æceipt of propos- als for the construction of 1975 Paving Project No.1; Dodge St., alley west end of Cherry, Althaus- er, Edison, E. 14th St., Fengler, Grandview, Loras, Mt.Carmel Road, ,Paul, Pennsylvania,Rock- dale, 9th St. & University Ave., presented and read. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor ;Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 19, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10:00 a.m. Thursday, ;June 19, 1975 for the City of Dubuque 1975 As- phalt Paving Project No.1 Sections I, nand Ill. The lowe.ibid entered was by Tri-State Paving Division of Du- buque Stone Products Company of Dubuque, Iowa. Their bid was 20.28% under the estimate. I recommend that the contract for the improvement be awarded to Tri,State Paving Division of Dubuque Stone Products Company. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Douncilman Stackis. Carried by ,the following vole: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh,. Staclds. Thoms. Nays-None. (Awardi~9 Co~tracl) RESOLUTION NO. 235-75 WHEREAS, sealed proposalS have been submitted by contrac- tors for the City of Dubuque 197(1 Asphalt Paving Project No. 1. SECTION I Dodge Street from the east eurb 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 Special Session, June 23, 1975 east curb line of Grandview Ave- nue. SECTION In 1. Alley from the west end of CheJlfY 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 eurb line of White Street to the west curb line of Elm Street. 5. Fengler Street from a point 50 feet west of the Overpass to a point 50 feet east of the Over- pass. 6. Grandview Avenue from the north curb line of Kaufmann Ave- nue to the north curb line of Kane Street. 7. Loras Blvd. and tJniverslty Avenue Intersection-Island. 8. Mc>unt Carmel Road from the north property line of South Grandview Avenue north 517 feet to the end of the existing con- crete pavement. 9. Paul Street from the north property line of Clarke Drive to the sollth property line of Lowell Street. 10. Pennsylvania Avenue from the west curl> line of John F. Ken- nedy Road to the west property line of Key Knolls S"bdivision. 11. Rockdale Road from the south property line of A. H. Oeth Subdivision No.4 to the old City limits, a distance of 2,121.27 feet. 12. Ninth Street and University Avenlle Intersection - widening at the southeast corner. Pursuant to Resolution No. 166- 75- and notice to bidders published In a newspaper published in said City on May 30, 1975 and June 6, 19~5; and WHEREAS, said sealed propos- al. were opened and read on June 19, 1975, and it has been deter- mined that the bid of Tri-State Paving Division of Dubuque Stone Products Co-. of Dubuque, Iowa in the amount of $461,646.67 was the lowest bid for the furnishing of all lahor and materials and per- forming the work as provided for in the plans and specifications; now therefore, 301 BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Division of Dubuque Stone Products Company subject to approval of the State Highway Commission, and the Man, ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City' Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- eessful bidders. Passed and adopted this 23rd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen, Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication submitted by Mayor Justmann and Councilman Lundh concerning the formation of a rehabilitation housing task force for the City, presented and read. Councilman Thoms moved that the communication be received and filed and referred to Council and City Manager. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 236.75 Approving the Fixed-p.ice Com- petition Method Fe. OUering Certain Land in the Downtown Urban Renewal Proj,ecl, Iowa R-15, Fe. Redevelopment by Pri. vate Developers. WHEREAS, under date of July 26, 1967, the City of Dubuque and 302 Special Session, June 23, 1975 tbe United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of May 18, 1967, the Council of the City of Dubuque, after a Public Hear- ing, duly adopted an Urban Re- newal Plan for said Project and which Urban Renewal Plan is on file in the Office of the City Clerk and is recorded in the Office of the Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 to 259; and WHEREAS, pursuant to said Ur- ban Renewal Plan and said Loan and Capital Grant Contract, the City of Dubuque has and is acquir- ing land, relocating site occupants, removing structures and other im- provements, and constructing and reconstructing site improvements and public facilities; and WHEREAS, the Urban Renewal Plan provides for the sale of cer- tain land for redevelopment by private developers; and WHEREAS, the Fixed-Price Com- petition method permits the sale of land on criteria and factors oth- er than price and in the best in- terests of the Urban Renewal Project and the City of Dubuque, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the documents pertaining to a proposed Fixed- Price Competition offering of a certain parcel of real estate set forth in such documents, a copy of which documents are made a part hereof and filed of record in the Office of the City Clerk and as they may be revised as necessary to comply with the requirements of the Department of Housing and Urban Development, are hereby approved. Section 2. That the Fixed-Price Competition method of offering certain land for sale forredevel- opment by private developers is the appropriate method of making the land available for redevelop- ment. Section 3. That the price for the disposal of said parcel included in the proposed offering has been determined to be not less than the fair price for the land for uses in accordance with the Ur- ban Renewal Plan and said prices are hereby approved. Section 4. That the City Manag- er and the Director of Housing and Redevelopment be and are hereby authorized and directed to pro- ceed with the proposed disposal of the parcel set forth in the at- tached documents in accordance with the proposed disposal pro- cedure and all other applicable requirements. Section 5. That the City Clerk be and he is hereby authorized and directed to publish "Invitation for Proposals" for the sale of cer- tain parcels of real estate, in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 23rd day of June, 1975. C. Robert Justmann Mayor Alvin E.Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. EXHIBIT "A" INVITATION FOR PROPOSALS The City of Dubuque, Iowa, in- vites proposals for the purchase, redevelopment and rehabilitation! renovation of certain property in the Downtown Urban Renewal Project Iowa R-15. The parcels of land available for sale are loeated in that block bounded by Main Street, Fourth Street, Locust Street and Fifth Street. The par- cels are identified as follows: Parcel No. Approximate Sq. Ft. 11-1 9,997.5 11-2 6,643.5 11-8 14,577 11-5 6,643.5 11-7 14,577 11-8 9,997.5 The permitted use for redevelop- ment of the property is limited to a facility which may be a combina- tion of an auditorium, theater, ex- 303 Special Sessipn, June 23, 1975 hibition center and other similar and compatible uses. Parcel 11-3 includes 'the Orpheum Theatre which is subject to rehabilitation! renovation. Each proposai must in- clude- the purchase of all parcels. Full information, instructions and bid documents needed to pre- p.re proposals may be obtained by depositing $10.00 with the Depart- ment of Community Development, Suite 10-B, Fischer Building, Du- buque, Iowa, for each set of Doc- uments. Each such deposit shall be refunded if the Documents are re- turned in good condition within 30 days after bid opening. All proposals must be received at the office of the City Clerk, City Hall, 13th Street and 'Central AVenue, Dubuque, Iowa, no later than 10:00 AM. CDST on July 25, 1975, at which time all bids will be, publicly opened and read in Council Chambers. Each proposal must be accom- panied by a good faith deposit in the form of a certified check or bank draft payable to the City of Dubuque, ora satisfactory bid bond, in an amount equal to 10% of the amount of the offer. Additional information concern- ing the City of Dubuque's Land Marketing Program for the Urban Renewal Project may be obtained from Gent M' Wittenberg, Director of Community Development. Leo F. Frommelt City Clerk tion for a temporary solid waste disposal project permit with the Iowa Department of Environmental Quality, a copy of which applica- tion is attached. Passed, approved, and adopted this 23rd day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds James Eo-Brady Allan T. Thoms Councilmen 2t. 6-26, 7-3 Communication of Iowa Depart- ment of Environmental Quality submitting a temporary permit ap- plication for the use of a sanitary disposal project by July 1, 1975, presented and read. Councilman Thoms moved that the communi- cation be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Jùstmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 237.75 Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-'None. RESOLUTION NO. 238-75 BE IT RESOLVED ,by the City Council of the City of Dubuque, Iowa" that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John C. Andresen - Andresen's United, 229 8th Street John C. Andresen ~ Pipe Inn, Kennedy Mall Country Kitchen, 3187 University Avenue M' L. Donovan, 1876 Central Ave- nue Jack Dunbar, 504 Central Avenue Lorraine A. Fransen, '1100 Lincoln Avenue Anthony A. and Bette O. Helling, 701 Dodge Street Hardee's of Dubuque, Inc., 703 Dodge Street JFK Fast Foods, 'Inc., 2075 John F. Kennedy Road J & RC, Inc., 431 Rhomberg Ave- nue Robert J. Karr, 31 Locust Street Donald Kies, 2620 University Ave- nue Gerald Kirchberg, 3203 Jackson Street ' Hazel' E. Koeller, 2987 Jackson Street Harry Kopple, 1098 University AvenUe Resolution Authorizing The Sub. mission Of An Application For A Temporary Solid' Waste Dis- posal Project Permit. That the Mayor and City Clerk be and they are hereby authorized and directed to execute an applica- :ID4 Special Session, June 23, 19:ì5 Elizabeth Krajnovich, 481 Locust Street Michael J. Lucas, Jr., 1064 Univer- sity Avenne Thomas Joseph Manternach, 4001 Peru Road Vincent W. Mescber, 1233 Rhom- berg Avenue Shirley Mihalakis, 574 East 16th Street Merlin Morett, 3198 Central Ave- nue Mr. Steak, 2660 Dodge Street Albert J. Ney-Dolores Roeth, 600 Central Avenue OSCO Drug, Inc. #849, 703 Main Street Patricia Revelle, 2776 Jackson Street Kenneth Stecklein, 2480 Univer- sity Avenue Josephine Burke, 1445 Central Avenue Florence Ec Chalder, 103'"' Main Street Catherine M. Meyer, 530 East 22nd Street Groves Kelco, Inc.-Nabors Drug #4, 1920 Elm Street Regal "8" Inn, 2680 Dodge Street Helen Weiner, 709 University Ave- nue WHiiam J. B. White, lW3 Asbury Street Lonas' Inc., 620 East 16th Street Charles Adams, 20th and Jackson Streets Aquinas Institute School of The- ology, 2570 Asbury Road Edward Bailey, 1298 Main Street Richard Barton, 1450 Loras Blvd. Robert Beidler, 2622 Dodge Street Big "G" Steak House, Inc., Plaza 20 Birch Oil Co., Inc., 1281 Dodge Street Bunker Hill Pro Shop, Bunker Hill Road Burger King #1100, 1350 John F. Kennedy Road Leonard H. Crane, 2245 John F. Kennedy Road William F. Dunne, Jones, & Locust Streets Elk's Ci>lb Lodge #297, 2699 John F. Kennedy Road Ray Fleekenstern, 3275 Central Avenue William Hancock, 2205 Carter Road James Kachevas, 665 Dodge Street Knights of Columbus, 781 Locust Street James Lange, 2600 Dodge Street Naohtman Tire Co., 7th and Bluff Streets Charles Nesteby, 3200 Central Avenue Don Plumley, 5th and Locust Streets Ponderosa Steak House, 2035 John F. Kennedy Road Michael F. Pusateri, 2560 Dodge Street Jake Bender, 2600 Dodge Street Charles Spielman, 2401 Windsor Avenue Stampfer Dept. Store, Town Clock Plaza Joseph Sutter, 3195 Jackson Street Thelma Lenstra, 410 West 8th Street Village' Inn Restaurant, 1940 John F. Kennedy Road Brian Vincent, 3305 Asbury Road Zayre Snack Bar, 255 John F. Ken- nedy Road Passed" adopted and approved this 23rd day of June 1975. C. Robert Justmann Mayor Alvin E. L>lndh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by tile following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh" Stackis, Thoms. Nays--None. ' RESOLUTION NOe 239.75 WHEREAS, applications for Beer Permits have been sllbmitted to this, Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Couneil of the Cily of Dubuque, Iawa, that the following applications be granted aNd permits issued upon the compliance with the term. of th" Ordinances of the City. CLASS "B" BEER PERMIT Catherine M' Meyer, 530 East 22nd Scree! ,..', -- """-..,-.-- ~~~-~", Special 'Session, June 23, '19'1'5 Passed, adopted and approved this 23rd day of June 1975. C. Rabert 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 following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. ,240.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and theY have received the approval of this Council; and WHEREAS, ihepremises 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 Man \ger be authorized to cause to be issued to tbe following named appticants a Beer Permit. CLASS "B" BEER PERMIT Catherine M. Meyer,530 East 22nd Street Passed, adopted ,and approved this 23rddaY of June 1975. C. Robert Justlnann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. 'Thoms Councilmen Attest: Leo F. Frommelt eity Cierk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays~None. 305 RESOLUTIO,N NO. 241.7.5 WHEREAS, applications for Liq- uor Licenses .have be"n submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the Ci\y Council of the City of Dub.uque, Iawa, that the following .applications be ap- proved and licenses issued upon thecoU!lpliance with the proviSions of Chapter 131, Acts of the First Regular ,Session, 64th General As- sembly. C'LASS' "C" 1CONIMERCIAL) 'BE.ER AND LIQUOR UCENSE - Elizabeth Kr1\jnovich, ,481 Locust Street ' Eugene A. Otting, 1689 Elm Street Albert Mey & Dolores Roeth, 600 Central Avenue Donald T. Sand, 2364 Washington Street John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Melvin A. Spiegelhalter, 1029'"' Main Street Barney Willenborg, 1301 Rhom- berg Avenue Edward A. Bailey, 1298 Main Street Passed, adopted and approved this 23rd day of June 1975. C.Rohert Justmann Mayor Alvin E: Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 242'7'5 WHEREAS" applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the, premises tob" occupied by auch applicants were 306 Special Session, June 23, 1975 inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have flied proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City ,Council of IJubuque, Iowa, that the Manager be authorized to cause to be is- sued to the fòiiowing named appli- ëants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Elizabeth KrajnovJch, 481 Locust Street Eugene A: Otting, 1689 Elm Street Albert Ney & Dolores Roeth, 600 Central Avenue Donald T. Sand, 2364 Washington ; Street, John L. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust " Street ' Melvin A. Spiegelhalter, 1029% Main Street Barney Willenborg, 1301 Rhom- berg Avenue Edward A. Bailey, 1298 Main "Street Passed, this 23rd adopted and approved day of June 1975. C. Robert Justmann Mayor, Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved ,adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: , Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. RESOLUTION NO. 243-75 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 Couneil 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 Generai As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Thelma Paradiso & Gary Buss, 3050 Asbury Road Passed, adopted and approved this 23rd day of June 1975. C. Robert Justmann Mayor Alvin E. Lundb Emil Stackis James E. ßrady Allau T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms movedadop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmànn, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None. RESOLUTION' NO. 244-75 WHEREAS, applications for Liq- uor Licenses were flied by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to b,e occupied ,by such ,applicants, were inspected and found to comply with the State ,Law and all City Ordinances relevant thereto and they Iiàve flied proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council ot Dubuque, Iowa, that the Manager be authOrized to cause to be issued to the following named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEER AND LIQUOR LICENSE Thelma Paradiso & Gary Buss, 3050 Asbury Road Passed, adopted, and approved this 23rd day of June 1975. C. Robert Justmann Mayor AlvinE. Lundh, Emil Staclds James E. Brady Allan T. Thoms Councilmen Attest: , Leo F. Frommelt City Clerk Special Session, June 23, 1975 3!11 Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Thoms, Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Staclds, Thoms. Nays-None, Approved ....................................19711. Adopte'd ............:.........................1975. ....................................................."..... "",""""""""""""""""""""""""""'" """""""""""""""""""""""""""""" ............................................................ ............................................................ Councilmen Attest: """"ciïÿ'ci~;k""""""""""'" :m8 Special Session, JU1Ye 30, 19175 CITY COUNCIL OFFICIAL Special Session, June 30, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen Brady, Lundh, Stack. is. Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- DUCTING A PUBLIC HEARING ON ORDINANCES DESIGNATED ALTERNATE llAll AND llB~ TO AMEND THE ZONING ORDI- NANCE IN THE llHOSPITAL MEDICAL DISTRICTll AS AN AC- CESSORY USE OR A PERMITTED USE BY SPECIAL EXCEPTION, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Communication of Chamber of Commerce requesting time to pre- sent new organizational structure; also the 1975-76 Chamber Program of Work, presented and read. Councilman Lundh moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. J. Bruce Meriwether, President of Dubuque Area Chamber of Commerce, presented to the Coun- cil the 1975-76 Chamber Program of Work outlining the specific areas of involvement for their or- ganization during its fiscal year and gave an oral report on the new organizational structure and how this new design can provide broader public service to the City of Dubuque. Councilman Stackis moved that the communication of Chamber of Commerce be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Citizens Ad- visory Commission submitting min- utes of their meeting of June 24, 1975,presentod and read. Coun- cilman Stackis moved that the min- utes be received and filed. Second- ed by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays--"None. Communication of Dubuque Ca- ble TV Commission submitting minutes of their meeting of May 27, 1975, presented and read. Councilman Stackis moved that the minutes be received and 'filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Councilmen Brady, Stack- is, Thoms. Nays~Mayor Justmann. Abstain-Councilman Lundh. Councilman Brady moved that tbe poor reception of TV, espe- cially on Chicago Stations, should be referred to the TV Commission to study possible involdng the rate-rebate rule. Seconded by Ma- yor Justmann. Vote on the motion was as follows: Yeas-Councilmen Brady, Stack- is. Nays - Mayor Justmann, Coun- cilman Thoms. Abstain - Councilman Lundh. Councilman Thoms moved the Council recommend Cable Com- mission investigate the quality of picture on Channels 5, 44, and 9, particular emphasis on Chicago Stations, and report findings to the Council. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Thoms. Nays-Councilman Stackis. Abstain-Councilman Lundb. Communication of Peoples Nat- ' ural Gas advising that they have submitted its First Revised GT Tariff Book to the Iowa State Com- merce Commission for filing, copies are available, presented and read. Councilman Stackis moved that the communication be re- ceived and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Special SessiOn, June 30, 1975 Communication of ßubuque Area Industrial Development Corpora- tion urging a plan to investigate the feasibiiity of constructing a riverfront industrial park immedi- ately north of Lock & Dam No. 11, presented and read. Bob Dorothy addressed the, Council and pre- sentod a, map, of North Dubuque IndustTial River Front Concept. Couneilman Lundh moved that the communication of Dubuque Area Industrial Development Corp. be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays~None. Communication of Chamber of Commerce Board of Directors urg- ing the Council to give careful consideration to investigate the feasibiiity of constructing a river front Industrial Park immediately north of Lock & Dam No. 11, pre- sented and read. Councilman Thoms moved that the Army Corps of Engineers be requested to in- vestigate feasibiiity of this type of development. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Richard A. Fuerst objecting to the unjust and unpopular swimming pool rate in- crease, presented and read. Coun- cilman Stackis moved that the communication be received and filed and referred to Recreation Department for investigation and repo.rt. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Airport Com- mission submitting minutes of their meeting of June 5, 1975, pre- sented and read. Councilman Stackis moved that the minutes be receiv,ed and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor, Justlnann, Coun- cilmen Brady, Lundh, Stackis,. Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Receipts and Expenditures and list of claims paid for the month of May, 1976, presented' and read. Councilman Stackis, moved that the proof of publication be received and filed. Seconded by, Councilman Thoms. Carriod by the following vole: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-Nono. Communication of Planning & Zoning Commission submitting minutes of their meeting of June 26, 1975, presented' and read. Coun- cilman Stackis moved that the mtnutes be received and filed. Sec- onded by Councilman Thoms. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Juno 20, 1975 Honorable Mayor and City Council At tho City Council meeting of June 16, 1975, the quostion was raised about changing the Five Flags concept to a Veterans Me- morial Hall Complex. Chapter 37 of the 1975 Code of Iowa deals specifically with Me- morial Halls and Monuments. At Section 37.6 thereof, the pro- vision relating to the issuance of bonds is specifically covered and applies to the county by express language. Said section exprossly provides as follows: "Bonds issued by City must be issued in accordance with provi- sions of law relating to general corporate purpose bonds of the City." Section 37.5 specifically relates to the acquisition of site and re- cites the fact that when the propo- sition to, erect any such building or monument has been carried by a majority vote of all voters vot- ing thereon, any such county shall have the power to purchase grounds suitable for a site for any such huilding or monument. In reading and construing Chap- ter, 37, of the 1975 Code of Iowa, one must bear in mind that the Home Rule Statute goes into ef- fact July 1, 1975. It would appear from a reading of Chapter 384 that the Five Flags Civic Center would come under a ---~~~,~~ 309 310 Special Session, June 30, 1975 "City Enterprise Classification" and as such would be designated within a category of "General Cor- porate Purposes." Section 384.26 speaks specificaUy to general obli- gation bonds for general purposes and provides that a vote in favor of the proposition shan be equal to sixty percent of the total vote cast. Accordingly, it would appear that Chapter 384 of the 1975 Code of Iowa would predominate in this instance and the availability of Chapter 37 is eliminated. R. N. Russo City Attorney Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Thoms. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 27, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered the petition of Leo Kringle requesting vacation of City owned property described as the North 'h and South 'h of the East 33 feet of Lot 1 of the Sub. of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa. The Planning and Zoning Com- mission has no opposition to the vacation and sale of this property. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be referred to the City Manager and City Attor- ney for proper proceedings. Sec- onded by Councilman Stackis. Car- ried by the foUowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on Ordinances designated Alternate "A" and Al- ternate "B" to amend the Zoning Ordinance in the "Hospital Medi- cal District" as an accessory use or a permitted use by Special Ex- ception, presented and read. David Strohm, Administrator of Medical Associates, Francis O'Con- nor, Ron Jaeger and Dave Hammer for Finley Hospital, and Frank Richardson of Mercy Medical Cen- ter, addressed the Council being in favor of hospitals being permit- ted to seU optical goods and sup- plies as being an integral part of eye doctors in servicing their pa- tients, and being in the best in- terest and treatment of those who need their professional care. Wil- son McCallister, on bebalf of Gib- son Eyewear, Mike Slade and Don Klauer voiced objections to the proposed amendments to the zon- ing ordinance that would aUow op- tical dispensaries to be located within the Hospital Medical Zone. Councilman Thoms moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Stackis, Thoms. Nays-None. June 27, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed ordi- nance amending the Hospital-Med- ical District to permit the sale of optical goods as a Special Excep- tion in the zoning district. This ordinance is presently before you and is identified as Alternate "B". Commission action on the other al- ternative proposal for the sale of optical goods in the District, known as Alternate "A", was set forth in our communication to you dated June 5, 1975, and stands as a recommendation against your adoption of such Alternate "A". At its public hearing of June 26th, the Planning and Zoning Commission has again considered its position regarding the estab- lishment of commercial uses in the Hospital-Institutional zone of the proposed Comprehensive Zon- ing Ordinance, and has found the approach set forth in that propos- al to be a more appropriate regu- lation for this type of use. There- fore, tbe Planning and Zoning Commission has elected to take no action on the proposed Alter- nate "B", and to defer this mat- Special Session, June 30, 1975 ter to further consideration as part of the new Comprehensive Zoning Ordinance. This action was taken on a motion with four in favor, one abstention and two ab- Sent. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the foUowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. ORDINANCE NO. "Alternate A" -An Ordinance amending Ordi- nance 3-34, as amended by Ordi- nance No. 10-73, and known as "The Zoning 'Ordinance of the City of Dubuque, Iowa," by amending Section 2 of Article IV-A thereof, known as the "Hospital-Medical District," so as to include the dis- pensing of Optical Goods by pre- scription as an accessory use with- in Office Buildings in said Dis- trict, said Ordinance having been previously presented and read at the Council meeting of June 9, 1975 presented for final adoption. Councilman Thoms moved final adoption of the ordinance. Sec- onded by Councilman Lundh. Vote on the motion was as foUows: Yeas - Councilmen Lundh, Stackis, Thoms. Nays--Mayor Justmann, Coun- cilman Brady. ADOPTION OF ORDINANCE FAILED DUE TO LACK OF THREE-QUARTER VOTE OF COUNCIL. ORDINANCE NO. 26.75 An Ordinance amending Ordi- nance No. 3-34, as amended by Ordinance No. 10-73, and known as "The Zoning Ordinance 01 the City 01 Dubuque, Iowa," by repealing Section 2 01 Articla IV-A thereol, and by adopting a new Section 2 01 Article IV-A so 8S to Include the sale 01 op- tical goods as a use permitted by special exception within the "Hospital-Medical District," Said Ordinance having been pre- viously presented and read at the Council Meeting of June 9, 1975, presented for final adoption. 311 ORDINANCE NO. 26.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 3-34, AS AMENDED BY ORDINANCE NO. 10-73, AND KNOWN AS "THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA," BY REFEALING SECTION 2 OF ARTICLE IV-A THEREOF, AND BY ADOPTING A NEW SECTION 2 OF ARTICLE IV-A SO AS TO IN- CLUDE THE SALE OF OPTICAL GOODS AS A USE PERMITTED BY SPECIAL EXCEPTION WITHIN THE "HOSPITAL-MEDICAL DISTRICT". NOW THEREFORE BE IT OR- DAINED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Tint Otdln,n" No. 3- 34, known" "th, Zoning Otdimn" of th, City of Dubuquo, low,," b, ,nd th, "m' i, h",by 'm'nclod by "p"ling S"tio. 2 of Attid, IV-A, thmof, 'Dd by ,dopdog ,.,w S",ion 2 of Attido IV-A in Li,u th","f " follow", "Attid, IV-A Ho,pi"I-Modi,,1 Di"d" S"don 2. P"mitt,d Ute, (,) All p"mitt,d u", in th, Two F,mily R,'¡don« Dimict (b) Multipl, dwolling', induding tow hou"" ,,""CO dw,lling" town hou"" 'p"'""u" ond ,ffid"",y unitt. (,) Ho,pi"", ""pt "im,l ho,pi"" (d) Convol,,«nt ,nd nutting horn" (,) Rooming ,nd-ot bo"ding hou"" nu",,' do'mitoti", ,nd 'onven" (f) Offi«, of phy,id,n;, "'g'o"" den,,1 '"tgoon' ,nd Fhy,i,,1 thon- pi", Ii"..od 'nd "",di"d by th, S"'o of low, (g) Off """ F"king fot 'ny of th, .." Ii",d ,bov, (h) A"",oty u", ot "to"Ut" "'- tom,dIy iu,id,", to 'ny of th, p"mitt,d u", ,ubj", to futth" "qui"m,n" " follow", 1. R,munnt ""d food ""ic", hund"", fioul ,nd gift ,hop" ,nd Fmon.! ""vic, ""bli,h- men" ,to p"mitt,d only with- in th, F"ndF,I ho,pi,,] i..d- tudon of ",h HOtFit,I-M,di- ,,1 Di""". 2. M,di"l hbomo"", d,n,,1 hb- omo"", ,nd ph"m,d" fot tho ,ompounding, cli'Fon,ing ot "I, of F"""Fdon modidn" "ny oxi" within offico build- ing; p"mit"d in thi, dimi". Su,h """"'y .." ,h,ll not b, ,dmti"d Ot oth"wi" in- d"",d ftOm th, oxtoti", of th, F"ndF,1 offic, mu"u". (i) M,di,,1 hbouto"", d,n,,1 I,b- Ot"O"", ,nd cli'pon""" fot th, ,ompounding ,nd "I, of dtug', m,didn" 'nd "I",d it,m" in- duding modic,I ,nd ,utgbi ,"p- pli", ,oFtic,¡ good" ,nd oth" ~'-- ---h~~--~~ 312 Special SessiQll, June, 30, 1915 h"lth-"la"d equipment" , Sp,- d,1 E",ption in ti" zoning di,- td,t, ,uþjeet to th, i..u,n" 01 , p",,>it th",jor" by th, ao"d 01 Adju"ment. The Bo'r'! of Adju"- mont ,h,!! not grent ,u,h Sp"hl Exc<pdon P"mit unl", in ",h 'p',ili' 0'" it ,h,U m,ke, aI"r , pùÞIi, he,,¡ng, Hndin" 01 10" ¡"',d on th, p,rti,ubr oviden" .""n"d to it th" ..pport tho oonclu,io", th,,: 1. Th" the pmpo"d Sp"i,1 Ex- "ption u" will ,omply with ,)I 'ppli"Þk "gul,tio", 01 the ordjn,n", including lot ,ize ,,- qui"n"n", ,nd u" Ii",it,,;on,. 2. Moou", entr'n" 'nd "it <lriv" will b, provid,<I ,nd wi!! b, <I"ign,d '0 " to prmnt tr,(I;, h",r,<I. ,.d to mi.imi" ",Ilk ,onlli", ,nd oonge";o.. 3. AU ne"""y lit,n". ,n<l p"- mi" lor the u" ,nd op""ion 01, .u,h Sped" Ex"ption u" have been ob"ined, nr ,vid,n" h" been ..bmirte<l th't .u,h p"m;" ,to ob"i.,bl, lor th, propo"d u" on the ,ubjeot proP"'y, 4. J\JI medor lighdng i. ,h,<le<l ",h",ver .ee,..'" to ,voi<l ""ing <li",t light upon 'ny ",OP""y ,u",d 10; ""id,nthl pu,po"" 5., The lo,..io. ,.d ,izo 01 the Sped,I Ex"ption u", th, ." ture ,.d into",ity 01 the op- ",tion i.volved or ,pn<lu",d in ,on.e"ion with i" the ,ize 01 the ,i" in rel"io. to it, the Io",io. 01 the ,i" with r"pe" to ""'" giving 'ow, to it, ,h,U b, ,u,h that it will be in h"mony with th, 'p- pmpd,te <levelopment 01 th, <li",i" in whith it i, lo",ed. 6. The loc"ion, nature ,n<l height 01 bpil<lipg" ""CtU"', w,U, ,n<l Iou", on the ,i" ,n<l th, ."ure ,nd extent 01 bn<l",p- ing ,n<l ""ening on the ,ite ,h,U be ..ch that the u" will not unre"on,bly hin<l" or <li,- ,our'ge th, 'ppropri.., <lmlop- m'nt, u" ,nd enjoyment 01 ,<1- j",nt bn<l, building' ,nd ",""ure'. 7. Th" pmpo"d Spedol EXtOption u" wiII not ",U" ..b",",i,1 iujury to the v,lut 01 och" pr""",y in the neighborhood in whith it i, lo"ted ,n<l will contdbu" to 'nd, pmmoto the ,onvonien" ..d- w,""e 01 the gen",1 public. (i) Si.." including CU",on"" name- pI", or "mppr,ry 'ig." ,dverti,- ing, th, ,0..trUttion, "Ie or I"" 01 . buildj.g nr p"m..", '" p"- mitted "~ording tn the 10Uowi.g rule" 1,. Am - the gro" "" 01 ,ign' on .ny, p""ni", ,h.1I not ex- ,oed thitty-twn 'quare loet (32 'q. It.). The Board 01 Adju't- ment m,y pormi, gre"or "" In,r ,ign, i<lentilying the pdn- tip,1 ho,pi"¡ in, ,ny Ho'pi,,¡- Medi,,1 Di"ri". by finding, ,I"r , publi, he"ing that ",h .dditiou,I ,ign "" .nd ph,,- m'nt i. 'pp,op,i", to th, gen- e,,1 neighborhood ,n<l n"""ry lor th, ,onvenient identilk,- tion 01 ",h hoopi,,!. 2. Type - lre,-",nding ground ,ig.., w,U ,ign" dire"ory bo"d, ,nd "mpomy .ign. ,h,U be permitted, ..bje" to o,h" requiremen" h",in pre- ..<ined. 3. Motion - no meeh,ni,,1 mo- tion or ..im,tion ,hall be pot, mi",d. 4. H,ight - wall ,ign, ,h.U not p,oj," ,bove 'ny tOeniee 0' p"'pet 01 the building to whi,h they "e "",hed; ,U other, ,ign' ,h,U have, m"i- mum hejght 01 ,ix lett. 5. ~ighti.. - no lighting by ex- po,,<1 bolb, or tubing ,h,U b, permitted. No ,ign iUumin"ion ,h,U be permitt,d to "" di- re" gl"e off th, p"mi"" 6. Con"nt - ,on tent 01 ,ig.. .h.U be !imi"d to the nome 01 the premi", or ""bli.hment, type 01 e",bli,hment hou" 01 operation, ,dd"", or n'me 01 the proprietor. 7. Dir"tio.,¡ .ig.. n"e""y lor the "Ir ,nd o,<ledy /low pi ped""i,n ,nd vehieul" tr.l- lie on the premi", ,h,U be mmp"d from the maximum gco.. at" lor ,igu. " h",in pre",ib,d, pmvided th" no ..,h ,ign ,h.U exc«d ,ix 'qu".I", (6,q./t,) in.."." P"'ed, 'pprond ,u<l ,dop"d tnio 30th d.y 01 June, 1975. C. Robert Ju"m.nn M,yo, Alvin E. ~undh Emil St"ki, AU,n T. Tbom. A""" ~eo F. Fromm,lt City Glerk Publi,hed offid,Uy in th" Teleg"ph He"ld N,w,p.p" thi. 3,d d,y oj July 1975. Leo F. F,ommelt City CI"k It. 7-3 Councilman Thoms moved final adoption of the, Ordinance as amended. Seconded by Councilman Sipecial Session, ju!1e30, 197$ 313 Staclds. Carried by the following vote: Yeas - Councilmen Lundb, Stackis, Thoms. Nays - Mayor Justmann, Coun- cilman Brady. tOONclLRlicESSED At I'O:TO P.M, RECONveNED AT 10:1'5 P.M. Proof of Publication, certified to bylhe Publisher, ol Notice lOr Amendment to the Current Bud- get, presented and read. No writ- ten objections wereliled and no ()1'~1 objectðrs were present in the Council Chamber at the time set for the hearing. Councilman Stack- ismovM that the proof off Iltjbli- Cà'tioh be "eceived and liIed.Sec- ðnded by Cðnncilman Lnndh. Car- ried by the following vote: Yetts - IVlayor Jnstmann, Coun- cilmen Brady, Lundh, Stàckis, Thoms. Nays-None, ORDINANCE NO. 27.75 An Ordinance amending the Bud- gat <IS a,pproved by Ordinance No. 1-74 and 38.74, Said Ordinance having been pre- viously presented and read at the Council Meeting of June 9, 1975, presented for final adoption. ORDINANCE NO. 27-75 AN 'ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDI- NANCE 1-74 ,ud 38-74. WHEREAS, 1T IS NECESSARY TO AMEND THE CURRENT BUDGET TO PROVIDE APPROPRIATIONS 1'0 COMPLETE CURRENT EXPEND!- TURES,PkÙJEèTS AND IMpROVE- MENTS. NOW, THEREFORE, BE IT OR- !YAINED 'BY 'tHE CITY èÖU'N'C!L OF THE CITY OF DUBUQUE, IOWA, Th" the un"pend.d ",h b,hn", On haud" the d"'e of the precodiug ii",1 y"t ..d rev""u,, not .pptuprimd in the odgino! budg" ,pptovod by Ordin,n", 1-74 .ud 38.74, '" hereby allo",ed and 'ppropd",d 10' p'yme", 01 neo"..ry ex. penditu,," 01 oilY gov...ment in the 101- lowing lund, ,nd amoun,,: .nd to that end the 'ppropd,tiou, 01 fund. .,ehe,,- by ,uthodzed to wit; FUND Gen",1 Street"" """" Ro,<I U.. T.. Puh¡ic :¡'¡ety Sanitarion """"'" Ril... Di.po,,1 INCREASED APPROPRIATION 53,050.00 4,050.00 i'~6,042.00 H6,889.00 ',5O0.0b ~5,f25.ab R.I"" "CoUeetion Airport , Do,k '" Lib",y"""""""""""" W"" Work,-G'nero¡ """,," Stre" and T"ffi, Lighting Recreation Gol! P"k ,"" P"king ", "'" "" ", Tru" .nd Agency""",,., , Fede,,¡ Revenue Sh"ing 5,200;00 42,438.00 21,438.00 2,800.00 29,400.00 J;680;bO 21,090.00 1,700.00 56,689.00 14;080,00 , 60,00°'°0 , 181,076.00 TOTAL "" ,""""""".""""""",,~m,647,bO This Req"""'d Sûppl"",ntal Ap""," prii,ion, 00 'h< 1'974 ,þi,..1 ¥.., Bud- ",. P"..<I, ,aop..d and "'t't""'d this ,alh d.y 01 June, 1975- C. Rob." Jum.'.n Mayor Alvin E. Lundh J,m" E. nrodY EmlI S"cik¡, :t\iiI,n T. Thoms Councilmen Att"" Leo P. Frommelt City Ci',k Publ"hed olfici,Uy In the ToIegtaph H"aldNeW,pap" ,bi. ',d day 01 ,July i975. Leo F. Frommelt City CI"k It. 7-' Councilman Stackis moved final adoption of the Ordinance. Sec- onded by Councilman Lundb. Car- ried by the following vote: Yeas - COuncilmen 'IIrady. Luhdh, Stackis, Thoms. N'ays-Mayðr Justmann. Proof of Publication, certified to by the Publisher, of General Revenue Sharrng ì'lanned Vse &- port in the 'ttmountof $988,975, en. titlement period July -1, 1975 thru June 30, 1976, ,presented and read. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Councilman Staekis. Carried by the fOII'dwing vote: Ye~s - Màyor Justl11antt, Coun- cilmen Brady, LuMh, Stacki., Thoms. Nays-None. Communication of Planning & Zoning Commission, by Chaitmàn Richard Friedmàn, ,transmitting preliminary dralt of comprehen. sive Zoning Ordinance, presented and read. Chairman Friedman pre- sented to the Council their copies of the preliminary draft of Com. prehensive Zoning OrdlnJmc-e. 314 Special Session, June 30, 1975 Councilman Thoms moved that the communication be received and filed and referred to Staff and Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, 'Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. 'Petition of Deibert Miller <it aI, requesting additional street light- ingfor Westmore DriveSubdivi- sion, presented and read. Council. man Thoms moved that the peti- tion be received and filed and re- ferred to the City Manager and Electrioal Inspector. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmenBrady, Lundh, Stackis, Thoms. Nays-None. Verbal request of Mrs. Elsa Adams requesting permission to address the Council was permitted. Mrs. Adams addressed the Coun- cil in reference to the Noise Ordi- nance, Continuum on Main Street, and Street Lighting in various parts of town. Petition of Peoples Natural Gas requesting permission to excavate on Wbite Street between Seventh and Tenth Streets to repair leak. ing mains, presented and read. Councilmàn Thoms moved that the petition be received and filed and referred to the City Manager. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Verbal request of Delos Dorwei- ler to address the Council about a weed problem was presented for discussion. Delos Dorweiler ad- dressed the Council requesting a refund of $15.03 for mowing of weeds. Councilman Thoms moved that the request be referred to the City Manager for investigation and report. Seconded, by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justlnann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the Receipt of Propos- als for the Replacement of the City Hall Electric-Service and Associat- ed Equipment, presented and read. Councilman Thoms moved that the proof of publicatibn be received and filed. Seconded by Councilman Stackis. Carried by the following vote: YeaS ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 26, 1975 Honorable Mayor and City Councilmen Pursuant to your instructions, sealed proposals were received un. til 10:00 A.M., Thursday, June 26, 1975, for the Replacement of City Hall Electric Service and Associ- ated Equipment. The low acceptable Bid was en- tered by Paulson Electric Compa- ny of Dubuque, Iowa. Their bid was .127% under estimate. I recommend that the contract for the improvement be awarded to the Paulson Electric Company. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. (Awarding Contract) RESOLUTION NO. 245.75 WHEREAS, sealed proposals have been submitted by contrac- tors for the Replacement of City Hall Electric Service and Associat- ed Equipment; pursuant to Reso- lution No. 187-75, and notice to bidders published in a newspaper published in said City on June 5, 1975 and June 12, 1975; and WHEREAS, said sealed propos- als were opened and read on June 26, 1975, and it has been deter- mined that the bid of Paulson Elec. tric Company of Dubuque, Iowa ill the amount of $5,900.00 was the lowest bid for the furnishing of all i labor and materials and perform. i ing the work as provided',for.in Special Session, June 30, 1975 the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Paulson Electric Company of Dubuque, Iowaand,the Manager be and lie, is hereby directed to execute a contract on behalf of the City of Dubuque,for the complete performance of said work., BE IT FURTHER RESOLVED, that upon the signing of said con- trsct, and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return tJ¡ebid deposits of the unsuccess- ful bidderS: Passed and adopted this 30th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds Jamés E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by counGilman Stackis. Carried by the following vote: Yeas.,.... Mayor Justmann, Coun- cihnen Brady,', Lundh, Staclds, Thoms. , Nays-None. Proof of Publicatioll, certified to by the Publisher, of Notice to Col\tractors of the Receipt of Pro- posals for the Construction of Grandview Ave. & HighwsY NO. 20 Traffic Signals, presented and read. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Ú:ouncilman Stackis. Carried by the following vote: Yeas - Mayor Justniann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 26, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a m. D.S.T., Thursday, June 26, 1975 for the Grandview Avenue and, Highway No. 20 Traf- fi" Signals ImprovementProjecL - : 315 The lowest bid was entered by Moldt Electric Service, Inc., of Du- buque, Iowa. Their bid was $11,819.65 which is 18.19% under the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Moldt Electric'Service, Inc. Gilbert D. Chaveneile City Manager Councilman Thoms moved that the "communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: ' Yeas - Mayor Justmann, Coun- 'cilmen Brady, Lundh, Stackis, Thoms. Nays-None. (Awarding Contract) RESOLUTION NO. 246.75 WHEREAS, sealed proposals have been' submitted by contrac- tors for the Grandview Avenue and Highway #20 Traffic Signals pursuant to Resolution No. 190-75 and notice to bidders published in a newspaper published in said City on June 5, 1975 and June 12, 1975; and ' WHEREAS, said sealed propos- als were opened and read on June 26, 1975, and it has been deter- mined that the bid of Moldt Elec- tricService, Inc. of Dubuque, Iowa in the amount of $11,819.65 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award' ed to Moldt Electric Service, Inc., subject to Iowa State Highway Commission concurrence, and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for 'the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con. tract and the approval of the con- ,tractors bond the City Treasurer is : authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. 316 Special Session, June 30, 1975 Passed and adopted this 30th day of June, 1975. C. Robert Jnstmann Mayor Alvin E. Lnndh Emil, Stackis James E. Brady Allan T. Thoms Conncilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. June 27, 1975 Honorable Mayor and City Council This is to advise you that Phase II-Contract II Treatment Plant Improvements Contract II B has been substantially completed in accordance with plans and specifi- cations prepared by Henningson, Durham and Richardson. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun, cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Final Estimate RESOLUTION NO. 247.75 WHEREAS, the contract for the Phase II-Contract II Treatment Plant Improvements Contract II B has been completed and the City Engineer has submitted his final estimate showing the cost thereof, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve' ment is hereby determined to be $957,835.77. That $957,835.77 of the cost thereof shall' be paid from the Sanitation Sewage Rental Fund of the City of Dubuque and a Federal- State Grant. Passed, adopted and approved this 30th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justlnann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 248.75 WHEREAS, the contract for the Phase Il-Contract Il Treatment Plant Improvements Contract Il B has been completed and the City Manager has examined the work and filed his certIficate stating that the same has been completed according to the terms of the eon- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. . BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Sewage Rental Fund and a Federal- State Grant. Passed, adopted and approved this 30th day of June, 1975. Approved: C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F.Frommelt City Clerk Councilman Thoms moved adop- tiono! the resolution. Seeònded' Special Session, Jtme 30, 1975 317 by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. Resolution of Preliminary Esti- mate; - Resolution of Necessity; - Resolution Fixing Date of Hear- ing; - Resolution Ordering Con, struction; for Construction of Cooper Place Steps, presented and read for consideration. Councilman Thoms moved that the resolutions be tabled pending Executive Ses- sion. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 249.75 Resolution acknowledging debt of gratItude by the City Council of the City of, Dubuque, Iowa, to Robert M. Carr, Richard J. Norpel, Sr., Thomas J. Gilloon, Tom Jochum and Tom Tauke, being State Senators and State Representatives, respectively, for the realization of the State Ap. propriation Bill providing for the sum of $1,753,343, as an ap. propriation to the Sewage Works Construction Fund of the City of Dubuque, Iowa, in its Dubuque Waste Water Treatment Plant Facility. WHEREAS, the City of Dubuque, Iowa, found itself in a critical fi- nancial position in requiring an additional sum of $1,753,343, in order to complete the construction program of the Dubuque Waste Water Treatment Plant; and WHEREAS, the Governor's bud- get message contained a proposed budget item in the amount of $1,753,343, as a state grant to the City of Dubuque, Iowa, to complete its Dubuque Waste Water Treat- ment Plant Facility; and WHEREAS, Robert Carr and Richard J. Norpel, Sr., as Senators and Thomas J. GiIJoon, Tom Jo- chum and Tom Tauke, as mem- bers of the House of Representa- tives performed, each in his own right, and collectively his duty, ir- respective of party lines, thereby acting and responding on behalf of the citizens of Dubuque Coun- ty, Iowa, in the best and highest traditions of representative gov- ernment; and WHEREAS, the City of Dubuque, Iowa, and its inhabitants wish to formally go on record acknowledg- ing the statesmanlike efforts of the above mentioned Senators and State Representatives on behalf of the inhabitants of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED by the City Council, City of Dubuque, Iowa: Section 1: That the City Coun- cil of the City of Dubuqe, Iowa, does formally and officially go on record in publicly expressing the deep and profound thanks of this governmental body to Robert Carr and Richard J. Norpel, Sr., as State Senators of the State of Iowa, and Thomas J. GiIJoon, Tom Jochum and Tom Tauke, as State Representatives of the State of Iowa, for their loyal, diligent and conscientious efforts on behalf of the City of Dubuque, Iowa, and its inhabitants in realizing !be ap- propriation by the State of Iowa, the sum of $1,753,343, for the com" pletion of the Dubuque Waste Wa- ter Treatment Plant, and that the City Council for and on behalf of the inhabitants of this eommunity, goes on record expressing its of- ficial thanks and gratitude to said respective members of the State Senate and the State House of Representatives, and officially commends each, and all of them, for their splendid and valued ef- forts on behalf of this community which have been fruitful and pro- ductive. Section 2: That the City Clerk be and he is hereby ordered and directed to transmit forthwith a certified copy of this Resolution to each of the aforementioned members of the State Senate and members of the State House of Representatives. Passed, approved and adopted this 30th day of June, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk ,~'~=c,'-" Holiday Oil Distributors, Inc., 1685 Kennedy Road Holiday Oil Distributors, Inc., 980 Dodge Street Holiday Oil Distributors, Inc., 14th and Central Avenue Holiday Oil Distributors, Inc., 605 Dodge Street Holiday Oil Distributors, Inc., 400 Rhomberg Avenue Cyril N. MeitJ, 1555 Central Ave- nue RusseIl E. Myers, 1618 Central Avenue Richard O'Hara, 70 South Locust Street Coletta A. Oyen, 1103 Iowa Street R & S. Enterprises, Inc., 485 Cen- tral Avenue Roger W. Rommel, 2260 John F. Kennedy Road SaIly Jo Roy, 400 Central Avenue Emma Scherer, 1175 Iowa Street Richard Schurbon, 1091 Main Street Lowrie Smith, 521 East 22nd Street David Schmitz, 504 Bluff Street Richard N. Stecklein, M. B. Mc- Sperrin, 450 West Locust Street Kathleen Wedig, 1399 Jackson Street Donald E. Wertz, 1545 S. Grand- view Avenue Chuck N. Wong, 378 Main Street American Legion, Dubuque Post #6, 1306 Delhi Street Ring's Fine Food Restaurant, Inc., 1185 Dodge Street Apartment 5-A, Kennedy MaIl Ivan Cosic, 342 Main Street Carousel Snack Bar, 555 John F. Kennedy Road Clarke College, 1550 Clarke Drive Donut Hut Ltd., 1555 John F. Kennedy Road Dubuque County Nursing Home, 2375 Roosevelt Dubuque Marina, Inc., New City Harbor Fraternal Order of Eagles, 1175 Century Drive Thomas Ehlinger, 2417 Rhomberg Avenue Eska Co., Inc., 2400 Kerper Blvd. Marco Giunta, 2022 Central Ave- nue Anthony Habeger and Gary G. Stewart, 9th and Central Bert HiiIary, 1413 Rockdale Road Holiday Inn Motel, 1111 Dodge Street The K-Mart, 2600 Dodge Street KWIK Foods Texaco Station, 1075 Dodge Street 319 318 Special Session, June 30, 1975 Mayor Justmann moved 'adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the foIlowing vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. June 27, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered the petition of Dubuque Lumber Company requesting va- cation of property described as Lot 1 of Lot lAin the Town of Eagle Point in the City of Dubuque, Iowa. The Commission has no opposi- tion to the vacation and sale of this property. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the foIlowing vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Staclds, Tboms. Nays-None. RESOLUTION NO. 250.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the foIlowing having complied with the provisions of Jaw 'relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to seIl Cigarettes and Cigarette Papers within said City. William J. Baum, 2995 Central Avenue Marian Bridge, 139 Locust Street Robert Broughton, 205 Locust Street Earl G. Corbett, 408 West Locust Street DBQ, Inc., ,4th and Locust Streets Dudolph W. Dittmar, 1646 Asbury Road Delores Elliott, 2093 Washington Street Mary K. Ford, 1027 Rhomberg Ave- nue Merlin ,F. Heiar, 1900 Washington Street LaVern Hennen, 3300 Asbury Road Dorothy Hentges, 2412 Central Avenue Special Session, June 30, 1975 Robert E. Klauer, 3rd and Locust Streets Loras CoIlege, 1450 Alta Vista Mississippi VaIley Truck Center, 380 East 4th Street Joyce L. MoeIler, 1604 Central Avenue John P. O'Hara (Happy Joe's Pizza & Ice Cream Parlor), 855 Cen- tury Drive Joseph Paradiso, 3050 Asbury Street Richard J. Ring, 115 West 11th Street Roshek's Dept. Store, Kennedy MaIl Donald Sand, 2364 Washington Street Rita SchueIler, Town Clock Plaza Sears' Roebuck & Co., 300 South Locust Street Francis J. Shanahan, 2501 Rhom- berg Avenue Sirloin Stockade Restaurant, 1895 John F. Kennedy Road George Sorensen, 1105 University Avenue Trausch Baking Co., 25 Main Street University of Dubuque, 2050 Uni- versityAven)1e University SheIl Service, 1081 Uni- versity Avenue Woolworth's, Kennedy MaIl Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lúndh Emil Stackis AIlan T. Thoms James E. Brady Councilmen ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Ralph J. Cremer, 731 Rhomberg Avenue Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resoiution. Seconded by Councilman Stackis. Carried by the foIlowing vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 252.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the foIlow- ing named applicants a Beer Per- mit. Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the foIlowing vote: , Yeas -- Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 251-75 WHÈREAS, applications for Beer Permits have been submitted 1<" this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council' o£ the City of Dubuque, Iowa, that the foIlowing applications be grant- CLASS "C" BEER PERMIT Ralph J. Cremer, 731 Rhomberg Avenue Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundb Emil Stackis AIlan T. Thoms James E. Brady Councilmen Attest: LeoF. Frommelt City Clerk Councilman Thoms moved adop- tion of' the resolution, ' Seconded 32Q Special Session, June 30, 1975 by Councilman Staclds. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 253-75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64tb General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kenneth Jerome Love, 802 Central Avenue Cyril N. MeitI, 1555 Central Ave- nue Russell E. Myers, 1618 Central Avenue (also Sunday Sales) Michael F. Pusateri, 2560 Dodge Street Patricia Revelle, 2776 Jackson Street Helen Weiner, 709 University Ave- nue Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman'Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by tbe following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Staclds, Thoms. Nays-None. RESOLUTION NO. 254.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to' the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kenneth Jerome Love, 802 Cen- tral Avenue Cyril N. MeitI, 1555 Central Ave- nue Russell E. Myers, 1618 Central Avenue (also Sunday Sales) Michael F. Pusateri, 2560 Dodge Street Patricia Revelle, 2776 Jackson Street Helen Weiner, 709 University Ave- nue Passed, adopted and approved this 30th day of June 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Staclds Allan T. Thoms James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. At 11:00 P.M. Mayor Justmann moved to go into Executive Ses- sion to discuss Personalities, Real Estate and possible acquisition of Medical Associates. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. Council RECONVENED in Regu- lar Session at 11:46 P.M. Mayor Justmann let it be known that Medical Associates agreed to a proposal; -Council must refine; -Wish to keep proposal secret for the present in interest of Med. ical Associates. 321 Special Session, June 30, 1975 Mayor Justmann made the fol- lowing appointments: Janet Jones and Carl Davis reappointed to the Advisory Commission for 3 year term expiring July 1, 1978; Don Deich, Terry O'Neil and Robert Dehl, new appointments to Advis- ory Commission; Norman McMullin to Library Board for 6 year term expiring July 1, 1981; Robert P. Bisanz, reappointed to Playground & Recreation Commission for 3 year term expiring July 5, 1978; Dorothy Blum and Peggy Veteto, new appointments to Youth Serv- ices Board of Directors; and James Schwers appointed to the Board of Appeal - Building Code for un- expired 2 year term expiring De- cember 31, 1976. Councilman Lundh moved ratification of the appointments. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. There being no further business, Councilman Thoms moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Stackis, Thoms. Nays-None. Leo F. Frommelt City Clerk Approved ..................1975 Adopted ...................1975 """""""""""""""""""""""""""""" """""""""'................................."...... """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" """"""""'cöü;¡ëiï;;;ëñ"""""""""'" Attest. """""""""""""""""""""""" City Clerk