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1975 July Council Proceedings 323 Regular Session, July 7, 1975 CITY COUNCIL OFFICIAL Regular Session, July 7, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Councilmen Brady, Lundh, Stackis, Thoms. City Man. ager Gilbert D. Chavenelle. Absent-Mayor Justmann. Due to the absence of Mayor Justmann, Councilman Stackis moved that Councilman Lundh be appointed Mayor Pro.Tem for this meeting. Seconded by Councilman Brady. Carried by the following vote: Yeas - Councilmen Brady, Lundh, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Mayor Pro-Tem Lundh read the call and stated that service there- of had been duly made and this Meeting is THE REGULAR MONTHLY MEETING of the Coun- cil called for the purpose of act- ing upon such business as may properly come before the meeting. July 1, 1975 Honorable Mayor and City Council 1 am returning the petition of John M. Ward for additional street lighting along newly developed sections of Westmore Drive. The area has been Investigated by the electrical inspector and it is recommended that two 175 watt mercury vapor fixtures on wood poles be installed at the following locations. 1. On easement at north side of turn-around on Westmore. 2. On easement between 3085 and 3095 Westmore. Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed and request be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann- June 30, 1975 Honorable Mayor and City Council On Friday afternoon, June 20, Mr. Louis Pfohl of the Fischer Companies phoned and made an offer that if Tower Street, be- tween East Sixth and Wall Street, were vacated and sold to Fischer Companies, then he would be agreeable that a wharfage fee would be paid as a condition of a 20 year lease with his tenant. The wharfage payment, however, would not be a condition which would run with the title of the land. On June 30, 1 called on Mr. Joseph Pickett of the Pickett Brewery, who had previously en- tered his objection to the vaca- tion of Tower Street. He reiterated his objection and stated that if Tower Street were to be closed, his property would be denied ac- cess to East Sixth Street Exten- sion. 1 pointed out that he would have access via Wall and Bell Streets. However, this was to no avail and he insisted with his ob- jection to the closing of Tower Street. There has been included in pre- vious discussions the vacation and disposal to the Fischer Companies of a 20 foot alley running between Bell and Tower Streets. This pro. position has been tied to the va- cation of Tower Street. 1 have stated the above so that you would be aware of the offer and the information that has come to me. 1 would request that you discuss the situation with me. Gilbert D. Chavenelle . City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmantl. Councilman Thoms moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. 324 Regular Session, July 7, 1975 Regular Session, July 7, 1975 325 Joseph Pickett addressed the Council objecting to the vacating and disposal of Tower Street but having no objections to the vaca- tion and disposal of the 20 foot alley between Bell and Tower Streets. July 3, 1975 Honorable Mayor and Members of the City Council 1 have approved the General Liability policy of Ken Schromen, dated and effective from July 1, 1975 to. July 1, 1976, Policy No. GA 778719 and desire to have your approvai of same. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Communication of Rev. Wm. G. Most in considering a poor qual- ity rebate, suggesting a further re- bate from the Cable TV because of the recent event on showing clips of a nude dancer, presented and head. Councilman Thoms moved that the communication be received and filed and referred to the Cable Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmimn. Communication of D. Fink ob- jecting to the treatment received when registering a complaint with the TV Company, presented and read. Councilman Thoms moved that the communication be re- ceived and filed and referred to the Cable Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor pro.Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. ' Absent-Mayor Justmann. Communication of B.J. Carpen- der objecting to the fact that he is unabie to get Chicago Stations on his television, presented and read. èouncilman Thoms moved that the I communication be received and filed and referred to the Cable . Commission. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Mr. William Mason of the Cable Company, addressed the Council expiaining the poor picture qual- ity at this time, on Channels 5 & 8, is due mainly to microwave inter- ference caused by ground fog, hu- midity and general weather atmos- phere. His crewS are now realign- ing or replacing disks on towers, The suggestion to bring the signals in on telephone lines is impossible. Councilman Brady moved that Mr. Mason be requested to furnish Council, via Cable Commission, records of tbeir correspondence relative to tbeir difficulties with the Chicago stations. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Communication of City Manager submitting a report of the Reha- bilitation Program proposed to be implemented under the Commun- ity Development Block Grant Pro- gram, presented and read. Coun- cilman Stackis moved that the communication and report be ta- bled to the Council meeting of next week. Seconded by Council- man Thoms. Carried by the fol. lowing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Communication of Regina Coop- er Gilmore expressing desire to donate property in Cooper Heights Addn., N'Iz of Lot 39, Lot 40, and Lot 41 to the City to make an easier approach in replacing the W. 5th Street Steps, hoping that the City would name the area Cooper Park, presented and read. Mr. Grubèr spoke to the Coun- cil relative to the communication. Councilman Thoms moved that the communication of Regina Coo. per Gilmore be received and filed; City Manager be directed to ex- press appreciation of this offer to donor; and refer the communica- tion to the City Solicitor and City Engineer for investigation and re- port. Seconded by Councilman Bra- dy. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Communication of Dock Commis- sion submitting minutes of their meeting of May 14, 1975, presented and read. Councilman Thoms moved that the minutes be re- ceived and filed. Seconded by Ma- yor Pro-Tem Lundh. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. June 24, 1975 Honorable Mayor and City Council On May 20, 1975, Frances M. Haupert, 3416 Foothill Road, Du- buque, filed claim against the City claiming damages in the amount of $50.00 to replace eye glasses broken on May 15, 1975, as the result of a fall on an alleged de- fect in the sidewalk in front of 285 N. Grandview. This matter was referred to the City Attorney who has made an investigation of same and has con- ferred with claimant, and based on said investigation, it is the rec- ommendation of the City Attor- ney's office that the claim of Frances M. Haupert be paid and that the City Auditor be instructed to draw warrant payable to Fran. ces M. Haupert in the amount of $50.00 and transmit same to the undersigned for delivery upon re- ceipt of duly executed releases. OrIginal claim is returned here. with. R. N. Russo City Attorney Councilman Thoms moved that the recommendation be approved and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Notice of Claim of Merle W. Puhrman et ux, in an undeter- mined amount, alleging the City is wrongfully diverting surface wa- ters on to their property at 2769 University Avenue, sincc May 1, 1974, presented and read. Coun- cilman Thoms moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. July 2, 1975 Honorable Mayor and City Council 1 return to you the petition re- questing the replacement of two hour parking meters by one hour meters on First Sireet between Locust and Main. It is recommended that one hour meters be installed. I attach for your consideration a copy of the amending ordinance, the petition and a letter of expla- nation from Chief O'Brien. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. ORDINANCE NO. 28-75 An Ordinance amending Ordi- nance No. 37.65 known a. the "Street Parking Meter Ordinanee of Dubuque, Iowa" by repealing Subsection 6.2.6 of Section 6.2 of Parking Meter District B thereof removing both sides of First Street between Main and Locust Streets from said Parking Meter District and enacting a New Subsection 6.1.12 to Section 6.1 of Parking Meter District A to limit parking to 60 minutes at anyone time on First Street, both sides between Main Street and Locust Street, Presented and re.ad. Councilman Thoms moved that the reading just had be considered tb.e first reading of the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor pro.Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Regular Session, July 7, 1975 326 Regular Session, July 7, 1975 327 onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Pro.Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Petition of Frank Licciardi re- questing to address the Council for the 11th Street Neighborhood Assn., on the Community Develop- ment Program, was presented for discussion. Frank Licciardi ad- dressed the Council making in- quiries of How and When the Block Grant Funds were to be spent, was referred to the next meeting without motion. Petition of Mary Zimmerman, 2455 Rockdale Road, requesting annexation of her property to the City, as their present water sup- ply has failed, presented and read. Councilman Thoms moved that the petition be received and filed and referred to the Planning & Zoning Commission for their consideration and report no later than July 14th, 1975; also to City Solicitor for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Petition of Beverly A. Glynn re- questing a refund of $422.50, on unexpired portion of Beer-Liquor License No. C.4756, discontinued business on April 26, 1975, present- ed and read. Councilman Thoms moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Ma- yor Pro-Tem Lundh. Carried by the following vote: Yeas - Mayor Pro.Tem Lundh, Councilmen Stackis, Thoms. Nays-Councilman Brady. Absent-Mayor Justmann. Petition of J & RC Inc., request- ing a refund of $211.25, on unex- pired portion of Beer-Liquor Li- cense No. C-6671, discontinued bus- iness on June 7, 1975, presented and read. Councilman Thoms moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Ma- yor Pro-Tem Lundh. Carried by the following vote: Yeas - Mayor Pro.Tem Lundh, Councilmen Stackis, Thoms. Nays-Counciiman Brady. Absent-Mayor Justmann. Councilman Thoms moved that the ruie requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. ORDINANCE NO. 28.75 AN ORDINANCE AMENDING OR- DINANCE NO. 37-6> KNOWN AS THE "STREET PARKING METER ORDINANCE OF DUBUQUE, IOWA, BY REPEALING SUBSECTION 6.2.6 OF SECTION 6.2 OF PARKING ME- TER DISTRICT B THEREOF RE. MOVING BOTH SIDES OF FIRST STREET BETWEEN MAIN AND LO- CUST STREETS FROM SAID PARK- ING METER DISTRICT AND EN- ACTING A NEW SUBSECTION 6.!.l2 TO SECTION 6.1 OF PARK- ING METER DISTRICT A TO LIMIT PARKING TO 60 MINUTES AT ANY ONE TIME ON FIRST STREET, BOTH SIDES BETWEEN MAIN STREET AND LOCUST STREET. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION I, Th" O,dimn" No. 37- 65 known" "The S",ot P"king Mot" O,din,n" of Dnbnqne, low," be ,nd the "me i, hmby ,mended by tOp"I- ing tOb""ion 6.2.6 of S"tion 6.2 of P"king M"" DI",kt B ,nd the "me be ,nd i, hmby "p"Ied 'nd of no futth" fo'" 0' ¿foct. SECTION 2, Th" O,din,n" No. 37- 65 known" "The S"'" P"king Mot" O,din,n" of Dubnqne, low," be ,nd the "me i, h",by ,mended by en",ing , new Sub""ion 6.1.12 of S"tion 6.1 P"king Di",kt A " follow", "6.1 P"king Mot" Di",kt A 6.1.12 P;"t S""', both ,id.. botwoen M,;n Stmt ,nd Loon" S"",. P""d, 'pp,oved ,nd ,doptOd ,hi, 7th d,yofJnIy, 1975. Alvin E. Lundh M,yo' Pm Tem Emil S"oki, J,m.. E. B"dy AI!.n T. Thom, Coundlmen 'Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans, specs., form of contract and cost of improvements for the construc- tion of University Avenue Pedes- trian Crosswalk, presented and read. Councilman Thoms moved that the proof of publication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Counciimen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. (Necessity For Improvement) RESOLUTION NO. 223-75 WHEREAS, proposed plans, spe- cifications, form of contract have been duiy prepared and approved by the City Council of the City of Dubuque and are now on fiie in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement for the University Avenue Pedestrian Crosswalk. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel. fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the proposed improvement, they shall be deemed to have waived all 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 fiie 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 fiie with the City Cierk this 16th 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 7th day of July, 1975. Alvin E. Lundh Mayor 'Pro-Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Counciiman Thoms moved final adoption of the resolution. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im. provements. RESOLUTION NO. 255-75 WHEREAS, proposed plans and specifications and form of con- tract for the construction of Uni- versity Avenue Pedestrian Cross- walk have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1975, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 7th day of July, 1975; and WHEREAS, the City Council met in reguiar session this 7th day of July, 1975, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been fiied to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, A""" Leo F. Fmmmeit City CI"k Pnbli,hed offid,lly in the Teieg"ph H",ld New,!",p" thi, 10th d,y of Juiy, 1975. Leo F. F,ommelt City CI"k It. 7-10. Councilman Thoms moved final adoption of the Ordinance. Sec- 328 Regular Session, July 7, 1975 that ali objections which have been made and fiied to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruied and such pians, 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 ali objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 7th day of Juiy, 1975. Alvin E. Lundh Mayor Pro-Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the foliowing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. (Ordering Construction) RESOLUTION NO. 256.7S BE IT RESOLVED by the City Council of the City of Dubuque, Iowa' that pursuant to a Resolu- tion of Necessity No. 223-75 which was duiy passed by this Council for the improvement of University Avenue Pedestrian Crosswalk. Be and same is hereby ordered constructed by this Council upon its own motion and with or with. out the petition of property own- ers. All work shali be constructed in accordance with the plans and specifications b.eretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day of Juiy, 1975. Alvin E. Lundh Mayor Pro-Tem Emil Stackis James E. Brady Alian T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the foliowlng vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Proof of Publication, certified to 'by the Publisher, of Notice of Levy of Special Assessment and Intention of the Council to issue Bonds to pay for cost of City of Dubuque 1974 Asphalt Paving Project No.1, presented and read. Counciiman Thoms moved that the proof of publication be received and filed. Seconded by Counciiman Stackis. Carried by the foiiowing vote: Yeas - Mayor Pro.Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail to prop- erty owners of record, subject to assessment to pay for cost of con- structing 1974 Asphalt Paving Project No.1, on June 11, 1975, presented and read. Councilman Thoms moved that the statement be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro.Tem Lundh, Counciimen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Statement of William Schlick- man certifying that notices of ievy were posted in the assessable area of 1974 Asphalt Paving Project No. 1, on June 18, 1975, presented and read. Councilman Thoms moved that the statement be received and fiied. Seconded by Councii- Regular Session, July 7, 1975 man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Pro.Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 257-75 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for construction of City of Dubuque 1974 Asphalt Paving Project No.1 by Mulgrew Black- top Inc., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate ali as named, situated and owned, and for the several amounts set oppo- site each lot or parcel of real es- tate, as set forth in the following schedule: CITY OF DUBUQUE 1974 ASPHALT PAVING PROJECT NO. I Construction Cost - Assessable Share $17,345.57; City Share, $156,766.66; Project Total $174,- 112.23. Engineering Expense - Assessable Share $1,734.55; City Share, $27,036.98; Project Total $28,- 771.53. 5% Interest/52 days-Assessable Share $125.28; City Share -0-; Project Total $125.28. TOTAL COST-Assessable Share $19,205.40; City Share $183,- 803.64; Project Total $203,009.04. For Blackhawk Dr.-from the S. P.L. of Fox Drive to the south end of the street. Robert D. & Velda G. Alt, Lot 8, Glenview Sub. .. .$452.92 Geraid J. & Doris J. Waliace, Lot 9, Glenview Sub. .... 380.72 Gerald H. & Sue A. Bastian, Lot 10, Glenview Sub. ... 379.45 Wm. F. & Patricia H. Hei- denreich, Lot 11, Glen- view Sub. .......,...... 91.68 Wm. J .& Jeanette M. Lynn, Lot 12, Glenview Sub. ... 539.15 Raymond C. & Martha C. De- veaux, Lot 13, Glenview Sub. ...................184.47 David Walsh, Lot 14, Glen- view Sub. .............494.91 C. W. & Helen 1. Edmonds, Lot 15, Glenview Sub. .. 543.09 Robert E. Klauer, Lot 17, Gi"nview.SuÞ. ........,.271.57 329 Warren W. & Dorothy K. Kipp, Lot 18, Glenview Sub. ...................271.57 Joseph S. & Margt. M. Smith, Smith, Lot 19, Gienview Sub. ...................271.57 Michael James & Kathryn Mary Coyle, Lot 20, Glen- view Sub. .............283.74 James C. & Betty L. Dunn, Lot 21, Glenview Sub. .. 283.83 City of Dubuque, Lot 22, Glenview Sub. """'" 41.00 Ivyl M. Adams, Lot 1-1-1-1 Shiptons Addition...... 993.88 5,483.55 1 no. of Manhole Raise or Lower @ $60.00......$ 60.00 165 tons Asphaltic Conc. Surf. Course @ $14.00 2,310.00 102.30 sq. yd. Conc. Re- move & Replace w/10" Concrete @ $22.75 ... 2,327.33 62 gaL Tack Coat RC 70 @ $0.60 ............. 37.20 5 tons Asphalt Hand Patch @$40.00 ...............200.00 Mudjacking *2.5 hrs. Pumper @ $30.00 75.00 *1.5 hrs. Air Compressor @ $18.00 ............ 27.00 *5 cu. yd. Concrete Grout Mix @ $32.00 ........ 160.00 10 cu. yd. Excavation @ $1.80 ................ 18.00 Total Construction Cost $5,214.53 *City Share """""" 262.00 Assessable. . . . . . . . . . . .. 4,952.53 10% Engineering....... 495.25 5% Interest 52 days. . . . . 35.77 Total AssessaÞle """ .$5,483.55 Ali of which is assessed in pro- portion to the special benefits con. ferred. For Fox Dr~from the E.P.L. of Rockdale Rd. to the east end of the street Robert E. & Helen T. Molo, Lot 1-1-1, Arduser Place. 253.59 Nels E. & Ruthann M. Turn- quist, Lot 2-1, Arduser Piace """"""""" 12.14 Lewis E. & Lorraine A. Mc- Keown, Lot 1, Glenview Sub. ...................450.10 Thomas A. & Marjorie Tuliy, Lot 2, Glenview Sub. ... 427.43 Anne R. MosIe, Lot 3, Glen- view Sub. .............429.99 Nels E. & Edna Mae Turn- quist, Lot 4, menyiew Sub. 488.70 330 Regular Session, July 7, 1975 Donald D. & Helen V. Der- by, Lot 5, Glenview Sub.. 644.45 Kathri Gehrig, Lot 6, Glen- view Sub. .............545.75 Wiibur R. & Janice M. Finch, Lot 1-7, Glenview Sub. ..................569.45 William F. & Patricia H. Heidenreich, Lot 2-7, Glen- view Sub. ..............184.03 Gerald H. & Sue A. Bastian, Lot 10, Glenview Sub. ., 34.25 Wm. F. & Patricia H. Hei- denreich, Lot 11, Glen- view Sub. .............541.85 Wm. J. & Jeanette M. Lynn, Lot 12, Glenview Sub. .. 86.62 Raymond C. & Martha C. Deveaux, Lot 13, Glenview Sub. ...................537.53 David Walsh, Lot 14, Glen- view Sub. .............395.05 C. W. & Helen 1. Edmonds, Lot 15, Glenview Sub. .. 365.64 Gary A. & Ellen J. Gukei- sen, Lot 16, Glenview Sub. 382.11 Robert E. Klauer, Lot 17, Glenview Sub. ......,.. 68.08 Warren W. & Dorothy K. Kipp, Lot 18, Glenview Sub. ................... 37.36 6,454.12 *49.65 tons 3/4" Stabilized Rolled stone base @ $3.55 ................$ 176.26 160 tons Asphaltic Surface Course @ $14.00 .,... 2,240.00 140.80 sq. yd. Conc. Re- move & Repiace w/10" Conc. @ $22.75 ......, 3,203.20 63 gai. Tack Coat RC 70 @ $0.60 ........"... 37.80 8.5 . tons Asphait Hand Patch @ $40. 00...... 340.00 3 cu. yd. Excavation @ $1.80 .."............ Julius P. & Margt. Jungk, Lot 2-28, Littleton & Saw- yer's Add. ............. 14.32 Julius P. & Margt. Jungk, Lot 27, Littleton & Saw- yer's Add. .......,..... 49.48 Julius P. & Margt. Jungk, Lot 2-26, Littleton & Saw- yer's Add. ............. 18.13 Whitney & Edna Leighty, Lot 1-26, Littleton & Saw- yer's Add. .."......... 43.32 Whitney & Edna Leighty, Lot 25, Littleton & Saw- yer's Add. ...........,. 95.45 Curtis J. & Yvonne 1. Leir- moe, Lot 24, Littleton & Sawyer's Add. ....,.... 170.77 Theodore R. & Agnes L. Erickson, Lot S. 125'-19, Littleton & Sawyer's Add. 587.36 Walter L. & Dorothy L. Les- ter, Lot S. 125'-18, Little- ton & Sawyer's Add. ..,. 246.91 Waiter L. & Dorothy L. Les- ter, Lot S. 125'-17, Little- ton & Sawyer's Add. ... 152.35 Frank W. & Ruth H. Elliott, Lot N. 42'.N. 126'6", 17, 18 & 19, Littleton & Saw- yer'sAdd. ..............331.49 James M. & Vicki A. How- ard, Lot. M. 42'-N. 126'6", 17, 18 & 19, Littleton & Sawyer's Add. ...,..... 331.49 Herbert Joseph & Adeline E. McAndrews, Lot S. 42'- N. 126'6", 17, 18 & 19, Littleton & Sawyer's Add. 331.49 *Walter L. & Dorothy L. Les- ter, Lot 16, Littleton & Sawyer's Add. ...,..... 145.47 Neii Lutes, Lot W. 'Iz-15, Lit- tleton & Sawyer's Add... 55.43 Neii Lutes, Lot E. 'Iz-15, Lit- tleton & Sawyer's Add... 40.67 Neii Lutes, Lot W. 'Iz-14, Lit- tleton & Sawyer's Add... 33.26 Neil T. & Alma Lutes, Lot E. %-14, Littleton & Saw- yer's Add. ......"..... 28.63 Neii T. & Alma Lutes, Lot 13, Littleton & Sawyer's Add. ...............-... 50.00 Neii T. & Aima Lutes, Lot 12, Littleton & Sawyer's Add. ................... 22.25 Allie C. Schuit, Lot 1, Buse- man & Eberl's Sub. .... 155.14 Carl J. & Erminie E. Groth, Lot 2, Buseman & Eberl's Sub. ...................246.91 C1etus J. & Anne Haupert, Lot 3, Buseman & Eberl's Sub. ..,................ 587.36 5.40 Total Construction Cost. .$6,002.66 *City Share ........,... 176.26 Assessable .............5,826.40 10% Engineering....... 582.64 5% Interest-52 days... 42.08 $6,451.12 All of which is assessed in pro- portion to the special benefits conferred. For Woodworth St. - from the N.P.L. of Clarke Dr. to the S.P.L. of Lowell Street David S. & Lorna V. Kirk, Lot 1-28, Littleton & Saw- yer's Add. ............. 7.71 -- Regular Session, July 7, 1975 331 Ralph H. & Esther M. Fel- derman, Lot 4, Buseman & Eberl's Sub. ......... 329.95 Raiph H. & Esther M. Fel- derman, Lot 2-5, Buseman & Eberl's Sub. ......... 63.14 Bruce L. & Constance L. Kerkenbush, Lot 1-5, Buse. man & Eberl's Sub. .... 268.35 Bruce L. & Constance L. Kerkenbush, Lot 6, Buse- man & Eberl's Sub. .... 331.49 Donaid J. & Deborah S. Sullivan, Lot 5, Buseman Sub. #1...............54.92 Richard J. & Barbara Doi- ter, Lot S. 100'-6, 7 & 8, Buseman Sub. #1 ...... 830.08 Dennis D. & Suzanne J. Ohnesorge, Lot N. 40'-6, 7& 8, Buseman Sub. #1. . 332.00 Frank Eugene & Dorothy L. Milier, Lot 1-9, Buseman Sub. #1................281.93 Robert C. & Carol S. Lehn- hardt, Lot 2-9, Buseman Sub. #1 ...............375.91 Frank Eugene & Dorothy L. Miller, Lot 1-10, Buseman Sub. #1...............118.49 Robert C. & Caroi S. Lehn- hardt, Lot 2-10, Buseman Sub. #1 ...............118.49 Robert J. & Joyce A. Thii- many, Lot 11, Buseman Sub. #1...............170.63 Robert J. & Joyce A. Thil- many, Lot 12, Buseman Sub. #1 """"""'" 95.59 Harvey & Mary Avery, Lot 13, Buseman Sub. #1 ... 53.45 Harvey & Mary Avery, Lot 14, Buseman Sub. #1 ... 34.43 Irvin W. & Eiieen M. Kra- mer, Lot 15, Buseman Sub. #1 """"""'" 26.43 Irvin W. & Eiieen M. Kra. mer, Lot 1-16, Buseman Sub. #1 ............... 13.66 7,244.33 'Deficiencies paid by City of Dubuque Walter L. & Dorothy L. Lester, Lot 16, Little- ton & Sawyer's Add. .. 26.40 7,270.73 2 no. of Manholes Raise or Lower @ $60.00......$ 120.00 *68.4 lin. ft. Rock Curb Or Curb & Gutter Remove & Replace @ $8.00 "'" 547.20 129 tons Asphaitic Conc. Surf. Course @ $14.00 1,806.00 146.6 sq. yds. Conc. Re- move & Repiace w/lO" Concrete @ $22.75 .... 3,325.14 75 gai. Tack Coat, RC-70 @ $0.60 ............. 45.00 11 ton Asphalt Hand Patch @ $40.00 ...... 440.00 47.5 ton Asphalt Machine laid Leveling or Wedg- ing @ $15.00 """'" 712.50 '2.5 hrs. Mudjacking: Pumper @ $30.00 .... 75.00 *1.5 hrs. Air Compressor @ $18.00 ............ 27.00 *5 cu. yd. Concrete Grout Mix @ $32.00 ........ 160.00 10 cu. yds. Excavation @ $1.80................ 18.00 *3.5 sq. yd. Sidewaik & 6" Drive Siab Removai @ $2.00................ 18 sq. ft. 4" Concrete Sidewalk @ $0.90 .... 1 no. of Manholes, Ring & Cover @ $100.00 ..... 100.00 Total Construction Costs.$7,399.04 "City Share............ 832.40 Assessable .............6,566.64 10% Engineering....... 656.66 5% Interest 52 days.... 47.43 7.00 16.20 $7,270.73 All of which is assessed in pro- portion to the special benefits conferred. Passed, adopted and approved this 7th day of July, 1975. Alvin E. Lundh Mayor Pro.Tem Emii Stackis James E. Brady Allan T. Thoms' Councilmen Attest: Leo F. Frommelt City Cierk Councilman Thoms moved adop- tion of the resoiution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Proof of Publication, certified to by the Publisher, of Notice of Proposal to authorize the issuance of $19,205.40 Street Improvement Bonds for the construction of 1974 Asphalt Paving Project No.1, pre- sented and read. Councilman 332 Regular Session, July 7, 1975 Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 258.75 Resolution providing for the is- suance of Street Improvement Bonds for the purpose of pro- viding for the payment of the assessed cost of City of Du. buque 1974 Asphalt Paving proj- eel No. I. WHEREAS the contract hereto- fore entered into by the City of Dubuque, Iowa, for the improve- ments hereinafter described has been completed and the City Man- ager has certified the completion thereof to the City Councii and the City Councii has ascertained the cost thereof and has deter- mined that $19,205.40 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor and: WHEREAS public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of provid. ing for the payment of thø as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost, of City of Dubuque 1974 Asphalt Paving Project No.1 there shall be is- sued street improvement bonds in the amount of $19,000.00 Dol- lars in anticipation .of the de- ferred payment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds: and shall bear the date of October 1, 1975; and shall be numbered con- secutively: and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series Bond Denom. Maturity No. No. 1 - 1-2, $1,000.00, Dec. 1, 1976 2 - 3-4, $1,000.00, Dec. 1, 1977 3 - 5.6, $1,000.00, Dec. 1, 1978 4 - 7-8, $1,000.00, Dec. 1, 1979 5 - 9-10, $1,000.00, Dec. 1, 1980 6 - 11-12, $1,000.00, Dec. 1, 1981 7 - 13-14, $1,000.00, Dec. 1, 1982 8 - 15-16, $1,000,00, Dec. 1, 1983 9 - 17-18, $1,000.00, Dec. 1, 1984 10 - 19, $1,000.00, Dec. 1, 1985 3. Said bonds shall bear interest at the rate of six per cent per an- num, payable annually in accord- ance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................... Series No. .................,... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa pro¡nises to pay as hereinafter mentioned to the bear- er hereof, the sum of one thou- sand dollars with interest there- on at thø rate of six per cent per annum, payable annually, on the presentation and surrender of the interest coupons hereto attached. Both principal ànd interest of this bond are payable at the office of the City Treasurer in the City of Dubuqùø, in the State of Iowa. This bond is issued by the City of Du- buqueunder and by virtue of Chapter 384 of the 1975 Code of Iowa, as amended, and the Reso- lution of said City duly passed on the 7th day of July, 1975, being Resolution No. 258-75. This Bond is one of a series of 19 bonds, all for $1,000.00 num- bered from 1 through 19, all of like tenor and date, and issued for the purpose of providing for the deferred payment of the assess. ments ievied. for the City of Du- buque 1974 Asphalt Paving Proj- ect No, 1 as described in said Res- olution, in said City, which cost -~._---_.,_.. ,-...".... _._-_._~-_.. --. Regular Session, July 7, 1975 is payable by the abutting and adjacent property along said im- provements and is made by law a lien on all of said property. It is payabie only out of the Special Assessment Fund 1304 ereated by the collection of said special tax, and said fund can be used for no other purpose. , It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said speciai tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Councii has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 7th day of July, 1975. (SEAL) ...,....................."'" Mayor ......................."..... City Clerk (Form of Coupon) On the ."... day of ........, the City of Dubuque, Iowa, prom. ises to pay to the bearer, as pro. vided in said bond, the sum of . . . . . . . .. Dollars, in the office of the City Treasurer in the City of Dubuque, being. . . . .. months' in. terest dne that date on its.. . . . . Bond No. ...... dated........... .............................. Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Clerk 6. That the Mayor and City Cierk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said saie to be placed in a special fund to be 333 known as Speciai Assessment Fund 1304 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimiie signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and re- tired in the same order as num. bered. 10. Passed, adopted and ap- proved this 7th day of July, 1975. Aivin E. Lundh Mayor Pro.Tem Emil Stackis James E. Brady Allan T. Thoms Counciiman Attest: Leo F. Frommelt City Cierk Counciiman Thoms moved adop- tion of the resoiution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Counciimen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 259-75 Resolution Approving Plat of Subdivision of Lot 1A in Town of Eagle Point in the City of Du- buque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot lA in the Town of Eagie Point in the City of Dubuque, Iowa is platted as Lot 1 of Lot 1A and Lot 2 of Lot 1A in the Town of Eagle Point in the City of Du. buque, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Councii and they find the same conforms to the Statutes and Ordinances relat- ing thereto: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the above de- scribed plat be and the same is 334 Regular Session, July 7, 1975 hereby approved and the Mayor and Cierk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 7th day of July A.D., 1975. Alvin E. Lundh Mayor Pro Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stac~is. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 260-75 WHEREAS, Dubuque Lumber Company has heretofore petitioned the City Council for the purchase of: Lot 1 of Lot 1A in Town of Eagie Point in the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has approved the disposal of said interest of the City of Dubuque in said iot and shouid be approved upon the terms and conditions hereinafter set forth. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the disposal of interest of the City of Dubuque, Iowa, to Dubuque Lumber Com- pany of the following described reai estate: Lot 1 of Lot 1A in Town of Eagle Point in the City of Du- buque, Iowa, For the sum of one dollar ($1.00) and the other good and valuable consideration, be and the same is hereby approved on the followIng terms and conditions, to-wit: 1. That the Dubuque Lumber Company shall grant to the City of Dubuque, Iowa, a twenty (20) foot wide easement in, over and across a portion of Lot 2 of Lot 337, part of 337A, part of Lot 337C, and part of Lot 1 of Lot 1 of Lot 368, in Ham's Addition, Dubuque, Iowa, and said easement shall be a construction easement twenty (20) feet in width and shan exist for the duration of the construc- tion work performed on the new Water Treatment Plant, said ease- ment is shown on the attached plat marked Exhibit "A". 2. City of Dubuque, Iowa, shan grant an easement to Dubuque Lumber Company in, over and across the easterly 43 feet of Lot 336, Ham's Addition, Dubuque, Iowa, said easement being twenty (20) feet in width and shan be for purposes of ingress and egress by Dubuque Lumber Company as ac- cess to its building by means of motor vehicles, said easement is shown on the attached plat marked Exhibit "A". 3. That the City of Dubuque, Iowa, grant to Dubuque Lumber Company a revocable permit for the limited purpose of storing iumber and iumber supplies on the westerly one-haif of Lot 25 in Mc- Craney's Eagle Point Addition and that portion of Kimban Street from the east property line of Rhomberg Avenue to the westerly most track of the Chicago, Milwau- kee, St. Paul and Pacific Railroad Company, and said revocable per- mit shall be for the storage of lum- ber and iumber supplies and shan exist contemporaneously with the construction easement heretofore specified to be granted to the City of Dubuque, Iowa, by Du- buque Lumber Company. 4. That the conveyance by the City of Dubuque, Iowa, shan be by Quit Claim Deed, no Abstract of Titie be furnished and that the purchaser pay an costs of platting and costs of publication. Section 2: That the City Cierk be and he is hereby ordered and directed to cause notice of intent to dispose of interest in real es- tate as hereinabove described in accordance with law and such pub- lication shall be made in the Teie. graph-Herald, Dubuque, Iowa. Passed, approved and adopted this 7th day of July, 1975. Alvin E. Lundh Mayor Pro Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, July 7, 1975 Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the fonowing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. July 2, 1975 Honorable Mayor and City Council Attached is a matching resoiu- tion stipulating that the City of Dubuque will provide City funds in the amount of $23.30 for the purpose of police training. The total cost of the training program will be $364.00 and the State will be contributing $327.60. The seminar (Criminal Interroga- tion) will be held in Minneapolis on July 22-23. Our plans are to send two of our officers to this seminar. You are requested to authorize the Mayor to sign this matching resolution in order that our Police Department can participate in this program. Francis A. Murray Assistant City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the fonowing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Matching Resolution RESOLUTION NO. 261-75 WHEREAS, the City of Dubuque of Iowa, by resolution duiy passed heretofore, has resolved that it wili provide during the approved project period cash funds for the following Iowa Crime Commission project: Titie of Project: Police Training (Out-of-State) "Interrogation Semi- nar"; Amount of Funds Being Pro- vided $23.30. We further resolve that we will provide in-kind match during the approved project period for the following projects: Titie of Project 0; Type of In- kind-(Saiary, Space, etc.) 0; Valu- ation of In-kind Provided O. 335 Passed this 7th day of July, 1975. Signature: Aivin E. Lundh Mayor Pro-Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommeit City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. June 25, 1975 Honorabie Mayor and City Council Attached is an application for a grant from the Iowa Department of Public Safety to continue our participation in its Mini.ASAP (AI. cohoi Safety Action Program) for the period July 1, 1975 through September 30, 1976. Under this grant the State will provide $35,686 for the payment of over- time to police officers, vehicular expenses and purchase of equip- ment. The City will not be reo quired to provide any in-kind match. The City has been participating in this program since the Fali of 1974. In tb.e period July 1, 1974- June 30, 1975 the State provided $28,765.28 to the City for the ex. penses incurred by the City in the implementation of the program. The objective of the program is to reduce the number of alco- hol related vehicuiar accidenis. The effectiveness of the program, as indicated in the grant applica- tion, has been favorable in its first year of adoption and the goal is to improve its effective- ness in the second year. The Du- buque Police Department's func- tion is in the area of detection, apprehension and processing of an OMVUI's. You are requested to adopt the attached resolution authorizing the Mayor to sign the grant applica- tion for State funding to the City for the period July 1, 1975 through September 30, 1976. Francis A. Murray Assistant City Manager 336 Regular Session, July 7, 1975 Councilman Thoms moved that tb.e communication be received and filed. Seconded by Mayor Pro- Tem Lundh. Carried by the fol. lowing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 262.75 WHEREAS, the City Council of the City of Dubuque desires to participate with the Iowa Depart- ment of Public Safety in imple- mentation of the Department's Mini.ASAP Program. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that the City Council authorizes the Mayor to sign application for grant with the Iowa Department of Public Safety for $35,686.00. Passed, approved and adopted this 7th day of July, 1975. Alvin E. Lundh Mayor Pro-Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen within the limits of the avaiiability of locai funds. The project cost is higher than originally projected. Originally in the budget we had projected that the total cost for 13 bnses, radios, shelters and bus stop signs would be $860,876. The local share predi- cated on this total project cost of $860,876 would have been $172,775. Under the revised estimate the t"tal cost will be $1,013,315 and the local share will be increased to $202,663, or a difference of $29,888. Presently we have not ap- propriated this additional money for the purchase of transit equip- ment. However, we believe the op- erating assistance from UMTA will be greater than anticipated and we should have adequate funds to fi- nance the increased local share. You are therefore requested to adopt the attached resolution au- thorizing the Mayor to execute the contract and authorizing the Du- buque Transit Authority to pro- ceed with acquisition of equipment. Francis A. Murray Assistant City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 263-75 Resolution Authorizing the City of Dubuque, Iowa To Execute a Capital Grant Contract with the United States Department of Transportation. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transporta- tion; and WHEREAS, the City of Dubuque, Iowa has heretofore adopted Reso- lution No. 384-74 authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Trans- portation Act of 1964, as amended; and WHEREAS, the contract for fi- nancial assistance will impose cer- tain obligations upon the appli- cant, including the provision by it of the local share of project costs; and Attest: Leo F. Frommelt City Clerk Counciiman Thoms moved adop- tion of the resolution. Seconded by Mayor Pro-Tem Lundh. Carried by the foilowing vote: Yeas ~ Mayor Pro-Tem Lundh, Counciimen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. July 2, 1975 Honorable Mayor and City Councii The Department of Transporta. tion has notified us that they have approved our capital grant application for a maximum amount of $1,013,315. They have forwarded to us a contract which stipulates that the totai project cost wiil not ~xceed $1,013,315 and that the Department will pay up to $310,652. They are asking that if tbis capital grant contract is ac- ceptable to the City that it be signed by the Mayor. Attached is a resoiution which authorizes the Mayor to execute the capitai grant contract and authorizes the Du- buque Transit Authority to pro- cee4 with acquisition of equipment --- Regular Session, July 7, 1975 337 WHEREAS, a public hearing was held on the 17th day of March, 1975 at 7:30 o'ciock p.m., Central Standard Time, in the City Coun. cil Chambers, City Hall, City of Dubuque, Iowa; and WHEREAS, Resoiution No. 66-75 was passed, approved and adopted on March 17, 1975 authorizing the City of Dubuque to finance their share of the mass transportation capital improvement grant. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the Mayor of the City of Dubuque, Iowa, be and is hereby authorized and directed to execute the capital grant contract with the United States of America (Department of Transportation) dated May 22, 1975 for a total proj- ect cost of $1,013,315.00 under which the Federal government will finance 80% of the project cost, but in no event will the Federal government finance more than $810,652. Section 2. That the Dubuque Transit Authority be and it is hereby authorized and directed on the execution of said contract to proceed with acquisition of the equipment within the limits of funds available for these expendi- tures as outlined in FY '76 and FY '77 Budgets as approved and/or amended. Passed, approved and adopted this 7th day of July, 1975. Alvin E. Lundh Mayor Pro.Tem Emii Stackis James E. Brady Ailan T. Thoms Councilmen Attest: Leo F. Frommelt City Cierk Counciiman Thoms moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the foilowing vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays~None. Absent-Mayor Justmann. RESOLUTION NO. 264.75 . BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the foilowing 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 s~ll Cigarettes and Cigarette Papers within said City. Alice Erschen, 2617 University Avenue Dubuque Yacht Basin, Inc., 1630 East 16th Street John Mihaiakis, 2095 Kerper Blvd. Ritz Lounge Incorporated, 2126 Central Avenue Passed, adopted and approved this 7th day of July 1975. Alvin E. Lundh Mayor Pro-Tem Emil Stackis James E. Brady Ailan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution Seconded by Mayor Pro-Tem Lundh. Carried by the following vote: Yeas - Mayor Pro.Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 265-75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the 'City Council of the City of Dubuque;'Iowa, that the foilowing applications be approved and licenses issued upon the com- pliance with the provisions .of Chapter 131, Acts of the First Reg~ ular Session, 64th General Assem- bly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ritz Lounge bicorporated, 2126 Central Avenue Passed, adopted and appr"ved this 7th day of July 1975. Alvin E. Lundh Mayor Pro-Tem Emil Stackis James E. Brady Ailan T.Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Pro-Tem Lundh. Carried by the foilowing vote: 338 Regular Session, July 7, 1975 Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. RESOLUTION NO. 266.75 the Proposed Ordinance on July 28, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall. Seconded by Mayor Pro-Tem Lundh. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. The matter of the American Le- gion Post #6 receiving a Ciass "C" Liquor License approval by the State of Iowa Departmental Hear- ing Board of the Iowa Beer and Liquor Control Department was presented for further considera. tion. After Council discussion, Ma- yor Pro-Tem Lundh moved that NO ACTION be taken to appeal the American Legion Liquor Li- cense. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Mayor Pro-Tem Lundh. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh, Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. Leo F. Frommelt City Clerk WHEREAS, appiications for Liq- uor Licenses were filed by the within named appiicants 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 reievant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ritz Lounge Incorporated, 2126 Central Avenue Passed, adopted and approved this 7th day of July 1975. Alvin E. Lundh Mayor Pro-Tem Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of tht> resolution. Seconded by Mayor Pro.Tem Lundh. Carried by the following vote: Yeas - Mayor Pro-Tem Lundh. Councilmen Brady, Stackis, Thoms. Nays-None. Absent-Mayor Justmann. AN ORDINANCE establishing Comprehensive Zoning for the City of Dubuque, Iowa, and providing for the Administration, Enforce- ment and Amendment thereof, in accordance with the provisions of Chapter 414, Code of Iowa 1975, and for the repeal of all Ordi- nances in conflict herewith, pre- sented to Council from the Plan- ning & Zoning Commission. Coun- cilman Brady moved that the Pro- posed Zoning Ordinance and Zon- ing Map be received and filed in the Cierk's Office and the City Cierk be directed to publish notice of a public hearing to be held on Approved ....................................1975. Adopted ......................................1975. ..........................................................,. ..............",........................................... ............................................................ ..m........""""""""""""""""""""""'" ............................................................ Councilmen Attest: """ciï;"ëï;;¡;:""""""""""" ~- -_..~- ~~>-~~._~""...._.~~~~~.. - Special Session, July 14, 1975 339 CITY COUNCIL Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Playground & Recreation Commission submitting minutes of their meeting of June 11, 1975, presented and read. Ma- yor Justmann moved that the min- utes be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of July 1, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Dubuque Hu. man Rights Commission submit. ting minutes of their meeting of June 5, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Dubuque Hu. man Rights Commission stating that an officiai from HUD made an inspection of the office of Human Rights in trying to decide if the office could function as a down- ward deferral agency for federal housing compiaints, decision was positive, presented and read. Ma- yor Justmann moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Citizens Ad- visory Commission submitting min- utes of their meeting of July 8, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. OFFICIAL Special Session, July 14, 1975. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF CONSIDERING AWARD OF CON- TRACT FOR CONSTRUCTION OF UNIVERSITY AVENUE PEDES. TRIAN CROSSWALK and acting upon such other business as may properly come before a regular meeting of the Council. Communication of U. S. Coast Guard requesting Mayor Justmann to declare August 4, 1975, as Coast Guard Day, presented and read. Mayor Justmann moved that the communication be received and filed and so declared. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Peoples Nat- ural Gas announcing an increase in gas rates, small commercial vol- ume 14.8%, small volume interrup- tible customer 9.32%, presented and read. Mayor Justmann moved that the communication be reo ceived and filed and referred to the City Solicitor for investigation. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Teleprompter cable TV submitting a quarter re- port on service calls made from 3-29-75 to 6-27-75, presented and read. Mayor Justmann moved that the communication be received and filed and referred to the Cabie TV Commission. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: 340 Special Session, July 14, 1975 on one side for 300 ft. would mere- ly move the congestion problem north to street number 2222. 1 am attaching a copy of a let- ter from Chief O'Brien which ex. piains the situation. 1 have also sent a ietter to Mr. Fred Sinhold, the first signer on the petition, teliing him that a deniai of the petition is being presented to the City Councii. Giibert D. Chaveneiie City Manager Mayor Justmann moved that the communication be received and fiied and recommendation of de- nial be approved. Seconded by Counciiman Stackis. Carried by the foiiowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. July 9, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1974 Code of Iowa, as amended, the Civii Service Commission con- ducted a written entrance exami- nation on Aprii 1, 1975 and a be- lated agiiity test on June 13, 1975 to the following appiicant for the POLICE DEPARTMENT. McTague, Kevin L. ..........72% The reason for delay in conduct- ing the agility test was due to the fact that the appiicant had a minor foot injury at the time he took the agiiity test the first time and was advised to discontinue the test at that time. Louis F. Fautsch Chairman Sr. Carolyn Farreii Commissioners Civii Service Attest: Leo F. Frommeit Clerk Subscribed and sworn to before me this 14th day of July 1975. Z. D. Hantelmann Notary Pubiic Mayor Justmann moved that the communication be received and filed and made a matter of record. Seconded by Counciiman Stackis. Carried by the foiiowing vote: Yeas-Mayor Justmann, Council- men Brady, Luhdh, Stackis"Thoms. Nays~None. Communication of Dubuque Board of Dock Commissioners sub- mitting minutes of their meeting of June 25, 1975, presented and read. Mayor Justmann moved that the minutes be received and fiied. Seconded by Counciiman Stackis. Carried by the foiiowing vote: Yeas-Mayor Justmann, Councii- men Brady, Lundh, Stackis, Thoms. Nays-None. Juiy 10, 1975 Honorable Mayor and Members of the City Councii 1 have approved the foiiowing sidewaik construction bond: Fischer Inc. of Dubuque, Iowa, from July 26, 1975 to Juiy 26, 1976 North River Insurance Co. Bond No. 798646 and desire to have your approval of same for filing. Giibert D. Chaveneiie City Manager Mayor Justmann moved that the communication be received and filed and filing approved. Second- ed by Counciiman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Merger of City.County Health Departments, as previously dis- cussed at Council meeting of Aprii 28th, presented for further discus- sion and final consideration. The City Manager presented a verbal report and submitted Councii with 5 different options. After Councii discussion, Counciiman Brady pre- sented the foiiowing resolution. July 10, 1975 Honorabie Mayor and City Council 1 am returning to you the peti- RESOLUTION NO. 267-7S tion requesting that parking be moved on one side of Woodlawn, WHEREAS, the City of Dubuque, from Asbury 300 ft. northeriy. The Iowa, has an extremely efficient proposai has been reviewed by the Health Department which has per- traffic committee and it is recom- formed admirably to meet the mended that the petition be de- necds of the City of Dubuque in nied. aii areas; and Woodlawn Street is approxi- \ WHEREAS, the City Board of mately' 1,000 ft. long, and it is be- Health and the Health Director iieved that the removal of parking are under the direct and necessary ------ .- Special Session, July 14, 1975 341 control of the Citizens of the City of Dubuque; and WHEREAS, the economic feas- ibility of a County-City combina- tion is neither feasible or benefi- cial to the City. NOW, THEREFORE Be It Re. solved by the City Councii of the City of Dubuque, Iowa: That the City of Dubuque, Iowa, goes on record supporting the con- cept of separate City of Dubuque Health Department from the Du- buque County Health Department, and that it retain its present struc- ture. Passed, adopted and approved this 14th day of Juiy, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Counciimen Attest: Leo F. Frommelt City Cierk Counciiman Brady moved adop- tion of the resolution. Seconded by Counciiman Lundh. Carried by the following vote: Yeas - Councilmen Brady, Lundh, Stackis. Nays-Mayor Justmann, Coun- cilman Thoms. Merger of Park and Recreation Departments, presented for dis- cussion. The City Manager submit- ted a summary of areas, buiidings, and faciiities maintained and du- ties performed individuaiiy by the Park & Recreation Departments. After considerable discussion, Councilman Brady moved that the Park Board.Park Department and Playground & Recreation Commis. sion-Recreation Department main. tain their present separate Boards & Departments. MOTION DIED FOR LACK OF A SECOND. Councilman Thoms moved that the City SoJicitor be directed to draft proper proceedings as to pos. sibly combining elected Park Board and appointed Piayground & Recreation Commission into one board and governing respective Park and Recreation Departments as Separate. Seconded by Mayor Justmann. Carried by the foiiowing vote: Yeas-Mayor Justmann, Council. mn Lundh, Stackis, Thoms. Nays-Counciiman Brady, Communication of Mayor Just- mann requesting updating of Council agenda and procedures and ruies, forward from meeting of June 23, 1975, presented. Council. man Stackis moved that the re- quest be tabled and brought back iater at Council's request. Second- ed by Counciiman Thoms. Carried by the foiiowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Iowa Depart- ment of Environmental Quaiity ap- proving the sanitary and function- al features for Notice 76-3W, Wa- ter Main Extension, Table Mound Mobile Home Park Project, pre- sented and read. Counciiman Thoms moved that the communi- cation be received and fiied. Sec- onded by Councilman Lundh. Car- ried by the foiiowing vote: Yeas-Mayor Justmann, Councii- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Pianning & Zoning Commission submitting minutes of their meeting of July 9, 1975, presented and read. Coun. ciiman Thoms moved that the min- utes be received and filed. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. July 10, 1975 Honorabie Mayor and Counciimen The City of Dubuque Pianning and Zoning Commission has re- viewed the Zimmerman petition for voluntary annexation of prop- erty fronting on Rockdale Road south of Tower Drive. Because of previous annexations and service extensions to this vi- cinity, the Commission views the Rockdale Road area as a develop- ment sector for the City of Du- buque, and finds that the proposed annexation is appropriate. We have enclosed a sketch map showing the approximate location of the Zim- merman property. Because of our inexperience with the new provisions regard- ing voluntary annexations as set forth in the Iowa Home Ruie laws we ask that the City Solicitor ad: 342 Special Session, July 14, 1975 vise you on the procedures for se- curing this annexation. CITY PLANNING AND ZONING COMMSSION Daniei Dittemore Development Planner Counciiman Thoms moved that the communication be referred to the City Solicitor for proper pro. ceedings. Seconded by Mayor Just- mann. Carried by the following vote: Yeas-Mayor Justmann, Councii- men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Lundh. Carried by the foliowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Suit of Roger & Carol Ann Nebel, for property damage incurred in the amount of $12,000, as the result of flushing a sewer on Parkway on January 1, 1974, presented and read. Counciiman Thoms moved that the notice of suit be referred to the City So- licitor for proper proceedings. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Councii- men Brady, Lundh, Stackis, Thoms. Nays-None. Juiy 11, 1975 Honorable Mayor and City Council At your June 30th meeting, Mr. Delos Dorweiler appeared before you and objected to a charge for weed cutting which had been levied against his lot at Carter and John F. Kennedy Road in 1974. Mr. Dorweiler presented several cancelled checks as evidence that he had paid to have the iot graded and mowed. Consequentiy, the work performed by the city em- ployees was unnecessary and the charge should be cancelled. 1 have taiked to Lavern Goerdt, City Sanitarian, about the matter and he reported the following: On September 27, 1974 two city employees, Lorain Schuster and Chris Anderson, spent one and a half hours cutting weeds from the graded portion of the lot down to the lot line on both the Carter and J.F.K. sides of the property. Mr. Goerdt had previously in- spected the location, sent notice to Mr. Dorweiler, reinspected the lot and then requested that the street crew cut the weeds. Last Monday, July 7, I again asked Mr. Goerdt to check the sit- uation. He and Mr. Schuster went out and iooked at the iot and Mr. Schuster said that he remembered mowing it and that on the occa- sion he had picked up rocks and cans. 1 believe that the city work was done and was necessary. 1 recom- mend that the petition to cancel the charges be denied. Gilbert D. Chavenelle City Manager Counciiman Stackis moved that the communication be received and fiied and recommendation of denial approved. Seconded by July 11, 1975 Honorable Mayor and City Council 1 submit to you for your con- sideration an ordinance requiring traffic traveliing east and west on 24th Street to stop on Jackson Street. This is a companion ordi- nance to one which you passed several weeks ago making Jackson Street a stop at 24th Street. The effect of this ordinance and the one previously adopted is to make 24th and Jackson a 4 way stop intersection. Gilbert D. Chavenelle City Manager Counciiman Thoms moved that the communication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas-Mayor Justman, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Counciiman Thoms moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Coun- cilman Stackis- Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Richard Vorwald, representing residents of the Comiskey Park area, addressed the Council as be- ing in favor of the 4 way stop at that intersection. ORDINANCE NO. 29.7S An Ordinance Amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Special Session, July 14, 1975 343 Subsection 28 to Section A of Schedule III thereof and by add. ing a new Subsection 23 to Sec- tion B of Schedule III thereof to provide that Eastbound and Westbound Vehicles on East Twenty.fourth Street must stop before entering the Intersection of Jackson Street and that Northbound and Southbound Ve. hicles on Jackson Streat must stop before entering the Inter. section of East Twenty.Fourth Street, respectively, Presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councii- man Brady. Carried by the follow. ing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. ORDINANCE NO. 29.7S AN ORDINANCE AMENDING ORDI. NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 28 TO SECTION A OF SCHEDULE III THEREOF AND BY ADDING A NEW SUBSECTION 23 TO SECTION B OF SCHEDULE III THEREOF TO FROVIDE THAT EASTBOUND AND WESTBOUND VE- HICLES ON EAST TWENTY-FOURTH STREET MUST STOF BEFORE EN- TERING THE INTERSECTION OF JACKSON STREET AND THAT NORTHBOUND AND SOUTHBOUND VEHICLES ON JACKSON STREET MUST STOP BEFORE ENTERING THE INTERSECTION OF EAST TWENTY-POURTH STREET, RE- SPECTIVELY. NOW THEREPORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, SECTION 1. Th" O,dinan" No. 33- 49 known" th, "T"ffio Cod, of Dn- buqu,. Iowa" " amtnd,d be and th, ..me i, hmby amend,d by enatting a new ,ub"ction 28 to Section A of Sch,d. nle III thmof " follow", SCHEDULE III. A. Em bound and w",bound "hie!" mu" ,top b,fo" ente"ng the intmec"on of, 28. Jock,on Street ,nd E"t Twenty- Fou"h S",et. SECTION 2. Th" Otdin,n" No. 33- 49 known" th, "T"ffic Codt of Du- buque, low," " amended b, and th, ..m, i, hmby amend,d by ",acting a new ..b"ction 23 to Section B of Sched- ul, III thmof " follow", SCHEDULE III. B. No"hbound and ,outhbound yehi- e!" mu" "op befor, tn""'ng th, inte,- "ction of, 23. Ea" Tw'nty-foutth S",et and Jack,on Stteet. P""d, app,oyed and adopted thi, 14th day of July, 1971. c. Robett Ju"mann Mayor Alvin E. Lundh Emil S"cki, Jam" E. B"dy Alhn T. Thom. Councilmen A""" Loo F. F,ommelt City Cletk Pobli,h,d officially in th, T'¡'g"ph H",ld N,wtpap" thi, 23,d day of Joly, 1973. Lto F. F<nmm,lt City Cl"k It. 7-23. Councilman Thoms moved finai adoption of the Ordinance. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Petition of George W. Pohlen, re- questing a refund of $225, on the unexpired portion of Ciass "B" Beer Permit, discontinued business on June 30, 1975, presented and read. Counciiman Thoms moved that the refund be granted and City Auditor directed to issue pro- per warrant. Seconded by Council- man Stackis. Carried by the fol. iowing vote: Yeas-Councilmen Lundh, Stack- is, Thoms. Nays-Mayor Justmann, Coun- cilman Brady. Petition of Louis Kartman re- questing peTmission to relocate small neon sign cioser to the street for the Wink Inn Motei, presented and read. Mayor Justmann moved that the petition be referred to the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. ¡3M Special Session, July 14, 1975 Proof of Publication, certified to by the Publisher, of Notice of Contractors of Receipt of Propos- als for construction of University Avenue Pedestrian Crosswalk, pre- sented and read. Councilman Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays-None. mentioned improvement be award- ed to Moldt Electric Service, Inc. and the Managcr be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con. tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- fui bidders. Passed and adopted this 14th day of July, 1975. C. Robert Justmann Mayor Aivin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen July 11, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 A.M.' D.s.T., Thursday July 10, 1975 for the University Avenue Pedestrian Crosswaik. The iowbid was entered by Moldt Electric Service, Inc. of Du- buque, Iowa, with a bid of $3,039.85. This is 11.91%, under the Engineer's Estimate. I 1 recommend that the contract for the improvement be awarded to Moldt Electric Service, Inc. Gilbert D. Chavenelle City Manager Councilman Thoms moved that the communication be received and £iied. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. (Awarding Contract) RESOLUTION NO. 268-75 WHEREAS, seaied proposals have been submitted by contrac- tors for the University Avenue Pe- destrian Crosswalk pursuant to Resolution No. 224-75 and notice to bidders published in a newspa- per pUblished in said City on June 19, 1975 and June 26, 1975; and WHEREAS, said sealed propos- als were opened and read on July 10, 1975, and it has been deter- mined that the bid of Moldt Eiec- tric Service, Inc. of Dubuque, Iowa inthè amount of $3,039.85 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; noW therefore, BE IT RESOLVED by the City Council of the City of Dubuque tb.at the contract for the above Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays~None. A Resolution authorizing the City Council of the City of Du- buque, Iowa, to hold a public hear- ing on purchasing of the Medical Associates Property and considera- tion of a Special City Election for funding the project, presented and read. At this time it was announced by Councilman Lundh, that Medical Associates had withdrawn their of- fer to sell their property to the City. Petition of Frank Licciardi (For- ward from last meeting), as to be- ing a spokesman for the 11th Street Neighborhood Assn. on Com- munity Development, presented and read. .Frank Licciardi of 11th Street Neighborhood and John "Hank" Waltz of Washington Street Neighborhood addressed the Council. They presented the following verbal report and reo quests. The four neighborhoods have formed a Council of Neigh- borhoods Board; Request the neigh- borhoods be acknowledged; equal imput be allowed by having each neighborb.ood appoint 2 members to the Rehabilitation Commission. Special Session, July 14, 1975 345 Mayor Justmann moved that the petition of Frank Licciardi be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Communication of City Manager submitting a report on the Reha- bilitation Program to be imple- mented under the Community De- velopment Block Grant Program, presented and read. Councilman Thoms moved that the communi. cation be referred to a Work Ses- sion to be held on July 23, 1975, at 7:30 o'clock P.M. in the Coun- cil Chambers at City Hail. Second- ed by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. A Resolution providing for the establishment of a Rehabilitation Commission with a Board of Com- missioners for the City of Du- buque, Iowa,' presented and read. Mayor Justmann moved to amend No.9 of Section C of Part n pertaining to Membership of Rehabilitation Commission to read: One member of each neighborhood be selected to serve on the Com- mission. Seconded by Councilman, Brady; Vote' on the motion was as follows: 'Yeas-Mayor Justmann, Council- man Brady. ' Nays, - Councilmen Lundh, Stackis, Thoms. MOTION FAILED. Councilman Thoms moved that the resolution .be referred. to .the Work Session to be held on July 23, 1975, at 7:30 o'clock P.M. in the Council Chambers at City Hall. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 269.75 WHEREAS, the City of Dubuque, Iowa is the owner of real estate described as: The North % and South % of the East 33 feet of Lot 1 of the Subdivision of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa; and WHEREAS, .Leo J. Kringle has made an offer to purchase said real estate; and WHEREAS, the City Council of the City of Dubuque, 10wa.has ex- amined said offer to purchase real estate and finds that the sale of said real estate should be ap- proved; NOW THEREFORE BE IT RE- SOLVED by the 'City Council of the City of Dubuque, Iowa: Section I. That the saie 'of the hereinabove described real estate owned by the City of Dubuque, Iowa to Leo J. Kringle,be and the same is hereby approved. Section 2.. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in Nal estate as pro, vided by iaw and in accor<!ance with this Resolution to Leo J. Kringle for the sum of Nine Hun- dred Fifty and no/1O0 ($950.00) Dollars and costs of publication and any platting costs, that no ab- stract of title wili be furnished, conveyance will be by. Quit Claw Deed Ílndthatthe City of Dubuque will reserve unto itself 'all ease- ments for utilities. . " Passed, approved and adopted this 14 day of July, 1975. C. Robert. Justmann Mayor Alvin E. .Lundh Emil Stackis c" James E. Brady Allan T. Thoms , Co,!ncilmen, ATTEST: Leo F. l'rommelt ,City Clerk . ' Councilman Thomsmoved adop- tion of the.resolution and a public hearing to be set, .for August 4, 1975. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor JIIstmann, Coun- cilmen Brady,' Lundh, Stackis, Thoms. . Nays-None. RESOLUTION, NO. 270.75, BE IT RESOLVED by the City Council (}f the City of Dubuque, Iowa, that the' following' having complied with the provisions of law relating to the' sale of; Cigar- ettes within the City of Dubuque, Iowa, be granted a ,permit to sell 346 Special Session, July 14, 1975 Cigarettes and Cigarette Papers within said City. John F. Hall, 2616 Windsor Avenue Passed, adopted and approved this 14th day of July 1975. C. Robert Jus,tmann 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- cihnen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 271.75 WHEREAS, applications for SUNDAY SALES PERMITS have been submitted to this Council for approval and the same have ,been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the Iowa Beer and Liquor Control Act -CHAPTER 123óf the 1973 Code of 10wa'as amended by the 65th GeneralAssembly. M. Ja'dt'DeCl1ristopher & Donald P. Shanley, 1630 E. 16th Street Passed, adopted and approved thiß 14th day of July 1975. , C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councihnen Attest: Leo F. Frommelt -City Clerk Conncilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, 'Coun- cil)llen Brady, Lnndh, Stackis, Tboms. Nays ~ None. RESOLUTION NO. 272-75 WHEREAS, applications for Sun- day Sales Permits were filed by the within named applicants and they have received the approvai of this Council, and, WHEJR'IDAB, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ÛIl'dinances relvant thereto and they have filed proper bonds, NOW THEREFORE BE IT HE- SOLVEJD by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a SUNDAY SALES PER- MIT. M. Jack DeChristopher & Donald p" Shanley, 1630 E. 16th Street Passed, adopted and approved this 14th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms -Councilmen Attest: Leo F. Frommelt City Clerk -Conncilman Thoms moved adop- tion of the resoiution. Seconded by Councihnan Stackis. Carried ,by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lnndh, Stackis, Thoms. Nays - None. At '10:34 P.M. Mayor Justmann moved to go into Executive Session to discuss possibie replacement for Councitman Thoms, and appoint- ments to various Boards and Com- missions. Seconded by Councilman Lnndh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Thoms. Nay~Councilmen Brady, Stack- is. -Council reconvened in regular session at 10:45 P.M. Mayor Just- mann announced Council attempt- ed to consider candidates for Conncilman Thoms position, pre- ferably someone with past Council experience. Special Session, July 14, 1975 347 Mayor Justmann moved the ap- pointment of Mary Headington to the Advisory Commission for un- expired term ending June 1, 1977. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays - None. There being no further busi. ness, Councilman Stackis moved to adjourn. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. """""""""""""""""""""""""""""" -"."..".................................................. ................................................................................" .................................................................. """""""""""""""""""""""""'ëöüñCiïiïi.ñ"'" Attest: """'ëirÿ"ëï."rk""""""""""" ----- 348 Special Sessiou, July 21, 1975 Special Session, July 21, 1975 349 CITY COUNCIL OFFICIAL Special Session, July 21, 1975. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Justmann, Council- men Brady, Lun<lh, Stackis. City Manager Gilbert D. Chavenelle. Absent-Counoilman Thoms. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is called for the purpose of actiug upon such business as may proper- iycome before the Meeting. July 21, 1975 Honorabie Mayor and City Councii I As you are undoubtedly aware the Attorney General for the State of Iowa has Issued an opinion that in eSsence says that my term on the Dubuque City Council must end immediately, 1 have consulted with the City Soiicitor in this mat- ter and although we 'both agree that the issuance from the At- torney General's Office is only an opinion, it would not be in the best interests of the City of Dubuque to at this time challenge that opinion. 1, therefore, extend to you my immediate resignation from the Dubuque City Councii effective July 19, 1975. It has been an honor for me to have served the City of Dubuque and to have served with you gen- tlemen. 1 thank you for the under- standing you have shown and thank all of you for your coopera- tion and assistance. Allan T. Thoms Mayor Justmann moved that the communication be received and fii- ed and made a matter of record. Seconded by Counciiman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent - Counciiman Thoms. RESOLUTION NO. 273.75 WHEREAS, Allan T. Thoms was duly elected to the high office of Counciiman of the City of Du- buque, Iowa, and he took office on January 3, 1972; and -- WlIE[1:EAJS, since that time as City Counciiman, he displayed a rare administrative ability, a keen insight into the taxing problems of governmental operation on the municipal level and has displayed a tremendous sense of vision and fair play; and WIJ]EREAS, the unusual and highly vaiued talents of the said Allan T. Thoms was recognized on the state level to the end that Governor Robert D. Ray seiected him to serve on the Department of Transportation of the State of Iowa, and thereafter, he was con- firmed by legisiative action for an appointment to an additional term; and WHEREAS, it now develops that the Attorney General of the State of Iowa has ruled that a conflict arises between the occupancy of the office of City Councilman of the City of Dubuque, Iowa, and the office of member of the Depart- ment of Transportation of the State of Iowa; and WHEREAS, Allan T. Thoms did submit his resignation pursuant to the AttorneY General's opinion ef. fective the 19th day of July, 1975; and WHEREAS, the departure of Al- lan T. Thoms from the City Hall Chambers as a City Councilman shoÌ11dùe . markèdwitb. an ap- propriate administrative gesture to mark well the high.caiiber,of serv- ice that Allan T. Thoms has ren- dered the inhabitants of this com- munity, and to eJ<press the official thanks of the City of 'Dubuque, Iowa, for his valued and treasured services. NOW THEREFORE BE IT ThE. SOLVED BY THE OITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I: That the resignation of Allan T. Thoms, effective July 19, 1975 from the high office of Counciiman of the City of Du- buque, Iowa, be and the same is hereby accpted with regrets, and that the said Allan T. Thoms should go forward henceforth, con- fident in the knowledge that he has gained the love and affection and respect of the Inhabitants of this community and those of his co-workers who were priviieged to work with him during his term of office. S..ction, 2: That the City Councii of the City of Dubuque, Iowa, for and on behalf of the inhabitants of this community officially goes on record expressing the officiai grati- tude and thanks of this community to Allan T. Thoms for his services so selflessiy and diligentiy render- ed to tbis community during his term of office, and that the prayers of the inhabitants of this commun- ity and the members of the City Councii go with Allan T. Thoms on his new venture upon a state level and the hopes and prayers of the community and this City Councii go with him in the expectation that he will render the same treasured and valued services to the State of Iowa as he has so magnificentiy rendered to the City of Dæbuque, Iowa. Section 3: That the City Clerk be and he is hereby ordered to trans- mit a certified copy hereof to Al- lan T. Thoms, and that the copy hereof be spread upon the officiai records of the City of Dubuque, Iowa. Passed, adopted and approved this 21st day of July, 1975. C. Robert Justmann Mayor Aivin E. Lundh Emil Stackis James E. Brady Councilman Attest: Leo F. Frommelt City Cierk Counciiman Lundh moved adop. tion of the resoiution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Stackis. Nays - None. Absent - Counciiman Thoms. Mayor Justmann moved that Donald R. Meyers ,be elected to serve the unexpired Councii term of Allan T. Thoms until the next regular general election. Seconded by Counciiman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays - None. Donald R. Meyers was given the oath of office ,by City Clerk, Leo F. Frommelt. Communication of Airport com' mission submitting minutes of their meeting of July 10, 1975, presented and read. Councilman Stackis moved that the minutes be re- ceived and fiied. Seconded by Ma- yor Justmann. Carried by thc fol- iowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Planning & Zoning Commission submitting minutes of their meeting of July 15, 1975, presented and read. Coun- ciiman Stackis moved that the min- utes be received and filed. Sec- onded by Mayor Justmann. Car- ried by the follo'wing vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Youth Serv- ices Board of Directors submitting minutes of their meeting of June 24, 197'5, presented and read. Coun- cilman Stackis moved that the min- utes be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Dubuque Low- Rent Housing Commission submitt- ing minutes of their meeting of Juiy 15, 197'5, presented and read. Councilman Stackis moved that the minutes be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication from Donald Bandy, City Buiiding Official, sub- mitting request from Attorneys Kintzinger, Kintzinger, VanEtten, Setter and King, for a Demolition Permit for building at 110-112-114 W. 12th Street, presented and read. Mayor Justmann moved that the communication be received and fil- ed and request be granted subject to coordination of Historicai Pres- ervation Advisory Board. Seconded by Counciiman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Meyers, Stackis. Nays.- None. Special Session, July 21, 1975 Special Sessiou, July 21, 1975 351 350 a, New Section 16.9 in l'ieu there. of, prohibiting the parking of motor vehi~les in Bus Stops, presented and read. Counciiman Brady moved that the reading just had be considered the first reading o~ the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Councilman Brady moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Jnstmann, Coun- ciimen Brady, Lundh, Meyers, Stackis. Nays - None. ORDINANCE NO. 30.75 of Dubuque, Iowa, Was acknowl- edged. Counciiman Lundh moved to sus- pend the rules to let anyone pres- ent address the Councii if they so desire. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen, Brady, Lundh, Meyers, Stackis. Nays - None. Bon Day and John Grau address. ed theCooncii and made the fol. lowing requests: 'Provide a light for Jefferson Park to shine on mur- al wall; Appropriate funds to pick up $60.00 bill for Tom Liebold for dama,ged lawn mower; Give recog- nition to Harry Neustadt of Pitts- burgh Paint for painting of fire hydrants; Similar basketball court for Allison-Henderson Park as Madison Park; Token payment of $100.00 toward bank account to Beautification account; and recom- mending award funds be returned to Beautification Account. Communication of Mayor Just- mann commending Robert L. Day and Mr. John Grau as being co- ordinators of the project for the beautification of the City of Du- buque presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councihnan Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Staekis. Nays - None. Notice of Claim of Donald J. and Erma P. Burke, 1530 Dodge St., in undetermined amount for car dam- ages caused by running over brok- en water pipe on City Property at 1'562 Dodge Street, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 30.75 An Ondinance Amending Ordl. nance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as Amended by Repealing Sec. tion 16.9 thereof and by enacting Councilman Brady moved final adoption of the Ordinance. Sec- onded ,by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Commnnication of Audrey Ham- mer, submitting copy of ietter sent to Teleprompter Cable TV, request- ing their return address be printed on payment coupons, presented and read. Couneilman Stackis mov- ed that the communication be re- ceived and filed and referred to the TV Cable Commission. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Ronald Kirch of 1775 Avoca Stret, still not satis- fied with reasons given for poor Cable TV Service, presented and read. Councilman Stackis moved that the communication be receiv. ed and filed and referred .to the TV Cable Commission. Seconded by Mayor Justmann. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Teieprompter Cable TV notifying Councii and Commission that a crew began checking the microwave on July 15th, presented and read. Council- man Stackis moved that the com- munication be received and filed and referred to the TV Cabie Com- mission. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Judy McCoy, Chairperson of Dubuque Women's Political Caucus, questioning why Councii was not provided with the first annual report of the City of Dubuque's Affirmative Action Pro- gram on July 1st, presented and read. Mayor Justmann moved that the communication be referred to the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - 'None. Orai Communication of John Grau and Bon Day, Members of Dubuque Beautification Commit- tee, requesting to address Couneil, regarding beautification in the City July 17, 1975 Honorabie Mayor and City Council The City Council, on January 20, 197'5, adopted Ordinance No. 3- 75 which revised and re-establish- ed a new Building Code for the City of Dubuque. The new Building Code does not incorporate any provisions regulat- ing the construction of swimming poois. There. was such a provision in the repealed 1961 Building Code. In order that we may have an Ordinance controlling the construc- tion of swimming pools, we are submitting the attached Ordioance for your adoption. In substance the Ordinance will cover all pools 18" or greater in depth. It stipulates that all pools covered by the Ordi- nance shall be enclosed by a five foot high fence. It also establishes a fee seheduie for issuance of per- mits for swimming pools. This fee schedule is identicai to that in our repealed Building Code. We would, therefore, request your adoption of this Ordinance. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Counciiman Meyers, Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays - None. ORDINANCE NO, 31.75 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA," AS AMENDED BY REPEAL- ING SECTION 16.9 THEREOF AND BY ENACTING A NEW SECTION 16.9 IN LIEU THEREOF, PROHIBITING THE PARKING OF MOTOR VEHICLES IN BUS STOPS. SECTION 1. Th" O,din,n" No. 33- 49 known" the "T"ffk Code of Du- buque, low," " ,mended be ,nd the "me i, hmby ,mended by "p"ling Section 16.9 thmof ,nd en"ting , new Seotion 16.9 in lien thmof " follow" "S"tion 16.9' Wh"e 'p,." hove been '" 'P'" by ,igno n' mocking' fo, bu, "'OP', or p""ng" zon", it ,h,ll be nn- lawful fo, the opmtor of 'ny vehide, oth" dun, bu" to ""nd °' puk in any ouch offid'!ly d"ign"ed bu, ",op, ""pt that the oper"or of any p",wg" "hide may "mpomily "op in ,ny ouch bu, 'p'" or ",op for the pu'pooe of and while "tu,lly eng'ged in the lo,ding °' unloading of p""ng",'" P""d, 'pp,"v,d and ,dop"d ,hi, 2", d,y of July, 1975. C. Rob", Jnotm,nn M,yor Alvin E. Lundh Emil S"cki, J,m" E. B"dy Donald R. M,y'" Conncilm,n An Ordinance providing for the Installation, Loeatlon and Pro- tection of Swimming Pools in tho City of Dubuque, Iowa, an~ Requiring. PI.n, Permit and ProvIding for Pormit Feo., and Providing for Penalties for Vlo. lations thereof, Presented aNd read. Councilman Staekis moved that the reading just had be eonsidered the first reading of the Ordinlìnce. Second- Atteot, Leo F. Frommel, City Cle& publi,hed o££ici,lly in the T,leg"ph Heraid New'pap" thi, 24th d,y of July, 197>. Leo F. Frommelt Ci,y Clerk It. 7-24. --~- 352 Special Session,' July 21, 1975 ed by Co~nciiman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stack- is. Nays-None. Councilman Stackis moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 31.75 AN ORDINANCE PROVIDING FOR THE INSTALLATION, LOCATION AND PROTECTION OF SWIMMING POOLS IN 'j'HE CITY OF DUBUQUE, IOWA, AND REQUIRING A PLAN, PERMIT AND PROVIDING FOR PER- MIT FEES, AND PROVIDING POR PENALTIES FOR VIOLATIONS THEREOP. NOW, THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. A ,wimming pool i, d,- finod " ony co.."uc"d or p"fobric",d pool u"d fot ,wimming, b"bing ot wod. ing, "" ,igh"'n inoh.. (18") in d'pth. SECTION 2. Swimming pooh, public or privo", ,holl r'qui" 0 building p"- mit pbn...d 'p,dficotio.. concrming ram, ,l"ll b, ,"bmit"d to th, Building D'p"tm,n' ..d raid pool sholl b, d,- ,ign,d ..d con"mctrd in "'otdoncr wirh g,n,mlly "crp"d "..d"d, ..d p"cticr" " outliurd in th, I"", ,dition of "Roc- ommond,d P"ctic, for Dosign, Equipm,nt ..d Op",tion of Swimming. Pooh ..d Oth,r Public B"hing Pbc..," of th, Am"i"n Public H,.!th A"ocbtion. A) Prot"tion Around Pool. Ev"y per- oon in po"",ion of l..d upon which i, sit.."d 0 ,wimming pool ,h,ll " oll tim.. m,in"in on th, lot ot p"mi", npon which ,uch pool i, loc",d ..d com- pl"ely ..rmunding ouch pool. lot or p"mi"" 0 foncr or oth" structu" nor i.., th.. 5 f", in heigbt with no open- ings thoroin, oth" th.. doo," Ot g"", brg" thou 6 inch.. in "y dim,..ion; pmvid,d, howmr, th" if 0 pick" ot ,im- il" frncr i, ""tod or moin"in,d th, horizon,,1 dimen,ion of th, op,ning" oth- " th.. th, g"" ot doo,", sholl not ,"c"d 4 inch... B) Openings in B",i",. All gms or don," op,ning thmugh ,uch oncl"u" ,holl b, 'quipp,d with "If-closing ..d "If-btching devic.. d..ignod to k"p, ..d ..p,bi, of k"ping, ,uch got, or doot "curdy clo"d ,nd btch,d " ,ll tim.. whon not in ",..1 n". Such "If-I"eh- ing devic, sholl b, loe",d not Ie" th.. 4 f"t ,bov, th, nnd,dying g"nnd 'ur- focr '" otherwi" mad, in"""ibi, from th, ou"id, to sm,ll child"n. Any dw,ll- ing ot oth" building un th, p"mi", m,y be ineorpo""d in and co..id",d " con- "ituting , pottion of thc "qni"d b,,- rier. Doo," or other op,ning' horn any oeenpi,d dw,lling (" di"ingni,h,d from 0 gmg') into th, "qui"d ,nclosu" n"d not b, ,quipp,d with "H-cl"ing ot "If- btching d,vic... C) Lo..tion. As govem,d by Zoning Ordi..ncr of th, City of Dubuqu" low,. D) Pool Filling. All fondng must b, in pbcr with g"" whon th, pool is fill,d with w"er. E) Viobtio... A p",on who sh,ll vio- l", any provi,ion of this Ordinonc, or fsils to comply thorowith ot with "y of th, "qui"m,n" theronf, sholl b, guilty of , mi,d,mranor puni,habl, by 0 fin, of not I.., thon $10.00 nor mo" th.. $100.00, or by imprioonm,nt not ,"c"d- ing thi"y (30) days. SECTION 3. Permit f,.. shall b, b",d on voluation of ""rk to b, dono. o. 500, ...$ 5.00 501- 600. 5.50 601- 700. 6.00 701- SOO, 6.50 SOl- 900, 7.00 901- 1000 . 7.50 1001- 1100 . 8.00 1101- 1200 , 8.50 1201- 1500 . 9.00 1501- 1400 , . 9.50 1401- 1500 . . 10.00 1501-1600. .10.40 1601- 1700 , . 10.80 1701- !SOO , . 11.20 !SOI-I900. .11.60 1901- 2000 , ' 12.00 2001-3000. .16.00 3001. 4000 . . 20.00 4001- 5000 , . 24.00 5001- 6000 . . 28.00 6001- 7000 . . 32.00 7001- SOOO , ....,... 36.00 SOOI- 9000 . ' 40.00 9001-10000 , ' 44.00 10001-11000 . ' 48.00 11001-12000 . . 52.00 12001-15000 . ' 56.00 15001-14000, .60.00 14001-15000 . . 64.00 15001-16000 , ' 68.00 16001-17000 , ' 72.00 17001-ISOoo . . 76.00 lSOOI-I9000. ,SO.OO 19001-20000 ............................,....... 84.00 SECTION 4. Thi, Ordinon" ,holl b, in full fotcr and ,ff"t imm,di",ly upon i" finol p,,"g'. ,pprov,l ..d pnblication " r,<!ui"d by bw. In"odncrd this 21" day of July, 1975. RuI, "quiring "oding on thr" S'p'- "" day, ,"sp,nd,dby uusnimons vo" thi, 2ht doy of Jnly, 1975. Special Session, July 21, 1975 P""d by "eord,d roll "ll voto, ,dopt- ,d ..d ,pprov,d thi, 21" day of July, 1975. C. Rob", Juotm..n Moyot Alvin E. Lnndh Emil S"ckis Jom.. E. B"dy Donsld R. M,y", Councilm,n At"", L,o F. F"mmolt City Clerk Publish,d officiolly in th, T,I'g"ph H",Id N,w,p'p" thi, 24th doy of July 1975. L,o F. Fromm,lt City CI"k It. 7-24. Councilman Stackis moved final adoption of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate on North Aigona St., to repair a customer's service line, presented and read. Mayor Justmann moved that the request be approved. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. . , Petition of Patricia Weig, et al (174 signers), submitting a petition being AGAINST any proposal to barricade Key Way Drive for the purpose of impeding the fiow of automobile traffic, presented and read. Mayor Justmann moved that the petition be referred to the Traffic Committee. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Attorney Jo. seph J. Bitter, submitting Correc- tion Resolution for Resoiution No. 128-73, due to two signatures be- ing missed on original Resolution, presented and read. Counciiman Stackis moved that the communica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: 353 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION OF THE CITY OF DUBUQUE NO. 274-7S Resolution Approving the Plat of Lots 1.29 inclusive and Lot A, all in Hawkeye Estates in the City of Dubuque, Iowa WHEREAS, there has been fiied with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324 in Dubuque Township, Dubuque County, Iowa, is platted as Lots 1-29 inclusive, and Lot A in "Hawkeye Estates" in the City of Dubuque, Iowa, by Lawrence and Bernard Hefel as Owners thereof; and WHEREAS, said piathas been examined by the City Planning and Zoning Commission and approved by said body; and WHEREAS, upon said Plat ap. pears streets to be known as Hawk- eye Drive, Inwood Avenue and also easements for public utilities, which the Owners upon said plat have dedicated to the public for- ever; and WHEREAS, said plat has been found by the City Council to con- form to the Statutes and Ordi. nances relating thereto ëxcept that the streets have not been reduced to grade or paving, sewer, water or sidewalks installed therein; and WHEREAS, Section 409. 8 re- quires the signature and' acknowl- edgement of all owners and their spouses; and WHEREAS, said plat was signed and acknowiedged by Lawrence Hefei and Bernard Hefel, but through inadvertance, the spouses of Lawrence Hefel and Bernard Hefel did not sign; and WHEREAS, the fact that the spouses of Lawrence Hefel and Bernard Hefei did not sign and acknowledge saidpiat prior to the date on which said plat was re- corded in the. Office of the Du. buque County Recorder, might cause some doubt as to the valid- ity of the said plat; NOW THEREFORE, Be It Re- soived By The City Council Of The City Of Dubuque, Iowa: 354 Special Session, July 21, 1975 Section I, That the dedication of Hawkeye Drive and Inwood Ave- nue together with the easements for public utilities ali as the same appears upon said piat; be and the same are hereby accepted and that said streets be and are here- by established as public streets in the City of Dubuque; Section 2: That the plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 324, in Dubuque Township, Dubuque County, Iowa, and which will here- after be known as Lots 1-29 inclu. sive, and Lot A in "Hawkeye Es. tates" in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approvai of the City of Du- buque upon said piat providing the Owner of said property, hereIn- before named, executes written ac- ceptance hereto attaching, agree- ing to perform each and everyone of the provisions required in para- graphs a through j of Section 2 of Resolution, No. 128-73 passed by this City Council on April 16, 1973. Section 3: The security having been provided as required by Sec- tion 3 of Ordinance No. 128-73 passed by this Council on April 16, 11)73, no new security is hereby re- quired of the Owners of said prop- erty. . Section 4: Said plat as originally filed having complied with all of the requirements of law with the exception. of the signatures and acknowledgements of the spouses of Lawrence Hefel and Bernard Hefel, which omission has now been corrected, Resolution Ordi- nance #128-73 is hereby approved, confirmed, ratified, and re-adopted in its entirety. Passed, Adopted and Approved by recorded roli cali vote this 21st day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 128.73 Alice & Lawrence Hefel and Bernard & Adelene C. Hefel, hav- ing read the terms and conditions of the foregoing Resolution No. 128-73, and being familiar with the contents thereof, hereby accept the same and agree to perform the conditions therein r"quired. Bernard F. Hefel Adelene C. Hefel Lawrence Hefel Alice Hefel CERTIf'ICATE The undersigned, Leo F. From- melt, Clerk of the City of Du- buque, Iowa, hereby states the hereto attached Resolution No. 274-75, is a correct copy of the original Resoiution No. 274-75, ap- proved and adopted by the City Council of the City of Dubuque, Iowa, at a regular session held by said Council on July 21, 1975. Leo F. Frommelt Councilman Stackis moved adop- tion of the resolution subject to ap- proval. Seconded by Councilman Lundh. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 275.75 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 seli Cigarettes and Cigarette Papers within said City. Joseph P. Kiefer, 2300 University Avenue Passed, adopted and approved this 21st day of Juiy 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donaid R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk - Special Session, July 21, 1975 355 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 276-75 WHEREAS, applications for Beer Permits have been submittcd to this Council for approvai and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT cause to be issued to the foiiow- ing named applicants a Beer Per- mit. CLASS "C" BEER PERMIT Vivian M. Heinz, Oky Doky #7, 3301 Pennsylvania Ave. Passed, adopted and approved this 21st day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Vivian M. Heinz, Oky Doky #7, 3301 Pennsylvania Ave. Passed, adopted and approved this 21st day of Juiy 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donaid R. Meyers Councilmen Attest: Leo F. Frommelt City Cierk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. There being no further business, Councilman Lundh moved to ad. journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman Stackismoved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lúndh, Meyers, Stackis. Nays-None. Leo F. Frommeit City Cierk Approved ....................................1975. Adopted ......................................1975. RESOLUTION NO. 277.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to compiy 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 .................................................................................. ..................."............................................................. """"""""""""""""""""""ëöüi1ëïiitïëiï"'" Attest: """"ë¡ïÿ"'ëï;;;'"k""""""""""" 356 Special Session, July 28, 1975 CITY COUNCIL Communication of State Depart- ment of Heaith submitting reports on the maintenance and operation and making recommendations, af. ter proper inspection, on Munici- pal Pool, Flora Pool, YMCA & YWCA Pool and Loras College Pool, presented and read. Mayor Justmann moved that the com- munication be received and filed and referred to the City Manager and Recreation Department. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Printed Council proceedings for the month of April, 1975, present- ed for Council approval. Council- man Lundh moved that the pro- ceedings be approved as printed. Seconded by Mayor Justmann. Car- ried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. OFFICIAL Special Session, July 28, 1975. Council met at 7:30 P.M.( C.D.T.) Present - Mayor Justmann, Councilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Mayor Justmann read the cail and stated that service thercof had been duiy made and this meeting is called to CONDUCT A PUBLIC HEARING ON A PROPOSED ZON- ING ORDINANCE AND ZONING MAP and acting upon such other business as may properiy come be. fore a reguiar meeting of the Council. Communication of Citizens Ad. visory Commission submitting min- utes of their meeting on July 22, 1975, presented and read. Council- man Stackis moved that the min. utes be received and filed. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque Ca- ble TV Commission submitting minutes of their meetings on June 23rd and July 7th, 1975, presented and read. Councilman Stackis moved that the minutes be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady,. Lundh, Meyers, Stackis. Nays-None. Communication of Iowa Depart. ment of Transportation submitting grant approval for Teleprompter of Dubuque to instail underground conduit system on Wacker Drive, must be approved by the Council, presented and read. Councilman Stackis moved that the communi- cation be tabled to the next Coun- cil meeting. Seconded by Council- man Brady. Carried by the foilow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. July 18, 1975 Honorable Mayor and City Council 1 herewith submit the reports of the City Treasurer, Water Sup't., Finance Director, Heaith Depart- ment, as well as a list of claims paid, for the month of June 1975. Gilbert D. ClJaveneile City Manager Councilman Lundh moved that the communication be received and fiied. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. July 24, 1975 Honorable Mayor and City Council The Affirmative Action Program for the City af Dubuque, Iowa dated July 1, 1974 stipulates that my office submit to the City Coun- cil, annuaily, a written report on the activities of the Equal Employ- ment Opportunity Officer. Attached is a report for the peri. od July I, 1974 through June 30, 1975, submitted by Walter K. Bockes, Equal Employment Oppor- tunity Officer for the City ofDu. buque, outlining results of the Special Session, July 28, 1975 357 1974 program and projecting em- ployment goals for the period July 1, 1975 through June 30, 1976. Gilbert D. Chaveneile City Manager Councilman Lundh moved that the communication be received and filed and copies of the Af- firmative Action Program report be placed in the City Clerk's of- fice for public inspection. Second- ed by Mayor Justmann. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dock Commis. sion submitting minutes of their meeting of June 25, 1975, pre- sented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Mayor Justmann. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmcn Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Donald R. Meyers, submitting his resignation as a member of the Low.Rent Housing Commission, due to ap- pointment to the City Council on July 21, 1975, presented and read. Councilman Stackis moved that the rcsignation be accepted with reo gret. Seconded by Mayor Justmann. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Paul J. Hen- kei, in the approx. amount of $2400, for property damage in- curred as the resuit of a city- owned truck running into garage at 351 Winona Street, presented and read. Mayor Justmann moved that the notice of ciaim be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Jean M. Bruce, in an undetermined amount, for personal injuries received in a fall on the staircase in Flora Park Barn on Juiy 17, 1975, presented and read. Mayor Justmann moved that the notice of claim be re- ferred to the City Attorney for investigation and report. Seconded by Counciiman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider a pro- posed Zoning Ordinance and Zon- ing Map of the City of Dubuque, Iowa, presented and read. Mayor Justmann moved that the proof of publication be received and filed. Secondcd by Councilman Lundh. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Juiy 18, 1975 Honorable Mayor and Councihnen This communication represents the final report and recommenda- tion of the City of Dubuque Plan- ning and Zoning Commission to the City Council of the City of Du- buque, relative to the proposed new comprehensive Zoning Ordin- ce and Zoning Map for the City of Dubuque, Iowa. The City Planning and Zoning Commission was charged by the City Councii with the responsibil- ity of preparing a new Zoning Ordinance and Zoning Map to re- place the present Ordinance No.3- 34. Because of the demands on Commission and staff time caused by the regular work load and spec- ial projects, little progress was made on the preparation of a new Zoning Ordinance until April of 1974, when a new staff member was assigned to this task on a sub- stantially fuil-time basis. It can be fairly said that the Commission and staff began work with a clean slate at that time, Æormulating a new Ordinance from scratch, so to speak, and the completed Ordinan- ce which we recommend for your passage now, ,bears only a minor and incidentai relationship to the Ordinance presented to the City Council in 1972. The Commission and staff time devoted to the study and formula- tion of this Ordinance since Aprii, 1974 has been prodigious, particu- 358 ' Special Session, July 28, 1975 lady when viewed in light {)f the I Commission's on-going duties and ' responsibilities. The enclosed chart lists the many work sessions and public hearings heid by the Com. mission on various provisions of the new Ordinance. Also listed are the in-depth reports and studies made by the staff to aid the Com. mission's deliberations on topics found to be of particular interest or complexity, such as group homes, nursery schools and day- care centers; proper zoning regula. tions of funeral homes; recreation. al vehicle storage in residential areas, etc. In some cases the pre- paration of these ad hoc reports in- volved several weeks of staff time devoted to research, study and sur- veys. In addition to the formal work products outlined above, the Com- mission members and staff have spent countless hours deliberating on the Ordinance and discussing its various provisions with interest- ed groups and individuals through- out the City. Not only has the Com- mission takcn special measures at every stage of its formulations to search out and invoive those per- sons who might be affected by or interested in the provisions under consideration, but the staff has aiso attended many speciai meet- ings of community organizations to expiain and discuss tentative Or. dinance provisions, including the Zoning Committee of the Dubuque County Board of Realtors, the Du- buque Homebuilders Asosciation, the League of Women Voters, var- ious organized neighborhood meet- ings, inciuding the NDIA and Fourth Street Neighborhood Asso- ciation, the Chamber of Commerce, the Council of West End Business- men, representatives of the sign industry and the Environmentai Coordinating Organization, the Ki- wanis Club, and others. The foliowing separate public hearings were held by the Commis- sion as various portions of the Ord. inance were completed: 1) a hear- ing on residentiai districts and reguiations,. inciuding group home provisions, home occupations, and recreational vehicie storage reguia- tions; 2) a hearing on office and commercial districts and regula- tions; and 3) a hearing on indus- trial and institutional districts and regulations and the Zoning Map. The attendance of interested par- ties was actively solicited by the Commission for these hearings and for the various work sessions held before and after the hearings, and a number of changes to the Ordi- nance were made as a result of the comments of those present. In ad- dition, an omnibus public hearing was held .by the Commission on July "5, 1975 covering all provi- sions of the draft Ordinance and Map. In short, all provisions of the proposed Ordinance were present- ed in at least two public hearings, except the Administrative and En- forcement provisions (Articles VII through XI), which were presented oniy once at the Juiy 15th hearing. The point of the foregoing re- view is to emphasize that the Com- mission and staff in the prepara- tion of this Ordinance have made every effort to secure the meaning- fui participation of interested citi. zens and groups in the formulation of these reguiations. We strongiy believe that no one can reasonably complain at this date about a lack of opportunity for input, and we also believe that all of those who have chósen to express their views on the provisions of this Ordinance have received a full and fair con- sideration by the Commission and staff. To that extent, we feel that this Ordinance may represent as close a consensus of commuuity opinion and e"pert judgement as one is likely to achieve in a sub- ject as compiex and controversial as zoning. The time and energy devoted by the Commission and staff to pre- paration of this Ordinance is not, however, the only, or even the most important reason we recom- mend it for your passage. Certainly no oue familiar with the facts can deny that the City badly needs a new Zoning Ordinance. Our pres- ent Ordinance dates from 1934, a time when planning and zoning was in its infancy. Its provisions are out-dated and often confusing. The districts it established are un- accompanied by any meaningful policy or pianning statements to heip guide the Commission and Council in their application, which Council in their application, which has too 'Often resulted in incon- sistent or haphazard patterns of zoning and urban development. A long series of ad hoc amendments Special Session, July 28, 1975 359 to correct the deficiencies and omissions of Ordinance No. 3~34 have proven unable to adapt it to the needs of our modern and grow. ing community, and have some. times further complicated an al- ready ambiguous document. The Commission believes strong- iy that this proposed Ordinance is the most desirable and appropriate replacement for .ordinance No.3- 34. There are several reasons for this belief. First, the proposed Or- dinauce is not merely a copy of one of the many "model" ordinances which have been developed, but rather has been written to address the peculiar problems and char- acteristics of Dubuque. In short, the Ordinance gives due considera. tion to the patterns and character- isticsof land-use in Dubuque as they presently exist, as well as the most desirable future ,patterns of develo¡>ment. A second and perhaps more im- portant feature of the Ordinance is reflected in the statements of in- tent for the various districts and other provisions. These statements of policy are very important, for they not only aid in the under- standing of the Ordinance, but they are also intended to guide the actual application of districts to the Zoning Map. In sum, they rep- resent a vital part of the compre- hensive plan for the City, and shouid greatly facilitate future decision-making by the Council and Commission. In conclusion, the Commission unanimously recommends the im. mediate repeai of Ordinance No. 3-34 as amended, and the adoption by Council of the Zoning Ordi- nance and Zoning Map enclosed herewith. The Commission and staff also stand ready to iend whatever participation or assist- ance may be deemed desirable by Council in its own deliberations on the subject. CITY PLANNING AND ZONING COMMISSION Richard P. Friedman Chairman William A. Knapp Vice-Chairman Donald E. Sanders Secretary Allan A. Carew Duane R. Giesier Jean Hartness Lester J. Pihart Councilman Lundh moved that the communication of Planning & Zoning Commission be received and fiied. Seconded by Councilman Stackis. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Caroi D. Rusch et ai (36 signers), objecting to commer- ciai zoning recommended on the N. J. Yiannias Property bordered by JFK Road and Catfish Creek, presented and read. Counciiman Lundh 'moved that the petition be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Digman Realty Asso- ciates Inc., requesting rejection of the proposed Zoning Map as re- lates to the property on corner of Loras & Adair, because it is pres- cntly offered for sale under the present Multi¡>le Classification, Lots 1 & 2 in Woodlawn Park Addn., presented and read. Coun- cilman Lundh moved that the pe- tition be received and fiied. Sec- onded by Counciiman Stackis. Car- ried by the foiiowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Stackis moved to suspend the rules to iet anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Meyers, Stackis. Nays-None. The foliowing peopie addressed the Councii and voiced their opin- ions and suggestions concerning the new proposed Zoning Ordi- nance. Eldon Digman, regarding the District Regulations: Question- ing inclusion of Agricultural Dis- trict in a City Zoning Ordinance; Possibly an oversight; That any owner bc aliowed by right to do what he wants to; Any annexed land shouid come in as Singie 360 Special Session, July 28, 1975 Family Classification. Herb Dil- worth suggesting Classification R-3 for property across from football field at Senior High Schooi in Edna Ferris Subd. would be best use of land. Objections to the Rec- reational Vehicie section of the Zoning Ordinance made by the following: W. L. Haught stating back yards are scarce-Vioiation of personal constitutionai right; Adolph Woif, owner of trailer 27' long, questioning why be limited to 20' under the ordinance; Ed Turnquist not agreeing on 20' lim- itation; W. Phiilips being against trailer section; Bob Lehmann ob- jecting to 20' trailer section; Eari Marihart objecting to proposed section of trailer ordinance. Petition of Deios Dorweiler re- questing relief in the new Zoning Ordinance from the flashing mo- tion lights in his area at 2105 Ken- nedy Road, presented and read. Mayor Justmann moved that the petition be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque Board of Realtors objecting to the inclusion of an agricultural zone within the City Limits in the pro- posed new Zoning Ordinance, pre- sented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque Board of Realtors, Study Commit- tee, objecting to the inclusion of an Agriculturai Zone within the City Limits in the proposed new Zoning Ordinance, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Dubuqueland Camp- er Club, et al (65 signers), object- ing to the vehicuiar storage sec- tion of the Zoning Ordinance, pre- sented and read. Councilman Lundh moved that the petition be received and filed. Seconded by Councilman Stackis. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Herbert E. Dilworth requesting to address the Council on the proposed Zoning Ordinance and presenting plat of "Edna Fer- ris Subdivision" and results of traffic count in the area; N. Grand- view Ave. between Auburn St. & N. Aigona St., behind Senior High School, presented and read. Coun- cilman Lundh moved that the piat be received and filed. Scconded by Councilman Stackis. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. The following addressed the Council regarding the Institution- al District section of proposed Zon- ing Ordinance. Robert Bertsch, representing Loras Coilege, Uni- versity of Dubuque, and others, all institutions, stating boundary lines arc inflexible to Loras Coilege and University of Dubuque; Does in- hibit growth of institutions; Mt. Carmel should be ciassified R-4. Msgr. Friedl of Loras College, stat- ing various terms need some defi- nitions; Would like work session regarding Parking Regulations. Dr. Peterson of University of Dubuque wouid like clarification of defini. tions. Dr. Giroux of Ciarke Col. iege stated institutions by nature have different problems. Thomas Reid of Finley Hospital stated In- stitutional District is in confiict with Federal regulations: Hillcrest Property in R-3 Classification and plans are to construct homes, wouid like to be in Institutional District. The foilowing spoke as being in favor of the proposed Zon- ing Ordinance. Janet Jones; Betty Sacco, League of Women Voters, requesting in residential area to reduce density requirements and support Preservation of historical Special Session, July 28, 1975 361 landmarks; and Dr. Weiblen of Wartburg Seminary, supporting proposed Ordinance. Councilman Brady moved to overruie recommendation of Plan- ning & Zoning Commission with respect to Yiannias Property Clas- sification from C-3 to R-5 as first proposed by the Commission. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays-Councilman Stackis. AN ORDINANCE establishing comprehensive Zoning for the City of Dubuque, Iowa, and providing for the administration, enforce- ment and amendment thereof in accordance with the provisions of Chapter 414, Code of Iowa 1975, and for the repeal of all ordinances in confiict herewith, presented and read. Mayor Justmann moved that the reading just had be considered the first reading of the 'Ordinance. Seconded by Councilman Lundh. Vote on the motion was as follows: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh. Nays - Councilmen Meyers, Stackis. MOTION FAILED TO RECEIVE '!4 VOTE OF APPROVAL BY COUNCIL. Mayor Justmann moved that the rule requiring an Ord.inance to be read .on three separate days. be waived. Seconded by Councilman Lundh. Vote on the motion was as foilows: Yeas ,- Mayor Justmann, Coun- cilmen Brady, Lundh. Nays - Councilmen Meyers, Stackis. MOTION FAILED TO RECEIVE '!4 VOTE OF APPROVAL BY COUNCIL. Mayor Justmann moved finai adoption of the Ordinance as amended with the enforcement that the Recreational Vehicie pro- vision be heid in abeyance for one year. Seconded by Councilman Lundh. Vote on the motion was as foilows: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh. Nays - Councilmen Meyers, Stackis. MOTION FAILED TO RECEIVE '!4 VOTE OF APPROVAL BY COUNCIL. Mayor Justmann moved that the Ordinance be piaced on file for the next Council meeting. Sec' onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays~None. COUNCIL RECESSED AT 11:25 P.M. RECONVENED AT 11:40 P.M. Petition of Peoples Natural Gas requesting permission to excavate at 1501 Rhomberg Ave. to repair leak, presented and read. Council- man Stackis moved that the re- quest be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Dubuque Human Rights Commission requesting time to address the Council to respond to Mayor Justmann's request to explain recent letter of commen- dation and to describe some of their activities, presented. Tom Tully, Jr., of the Human Rights Commission, addressed the Council stating performance of Human Rights staff has been ex- cellent. Matt Lorenz advised the Human Rights situation is good in City of Dubuque. Mayor Justmann moved tI;1at the petition of Dubuque Human Rights Commission be received and flied. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of St. Anthony Messen- ger requesting permission to solicit magazine subscriptions, as in past years, presented and read. Council- man Stackis moved that the peti- tion be approved subject to the ap" proval of the City Manager. Sec- onded by Councilman Lundh. Car- ried by the following vote: 362 Special Session, July 28, 1975 Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Bike-A-Thon request- ing sanction and support in pro- moting a Bike-A-Thon on October 5th to raise funds for Diabetes suf- ferers, presented and read. Coun- ciiman Stackis moved that the pe- tition be approved subject to the approval of the City Manager. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays~None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing, to consider pro- posai to dispose of City owned real estate to Dubuque Lumber Co., presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following votc: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 278-75 WHE;REAS, pursuant to Resolu- tion ,and published notice of time and piace of hearing, published in the Teiegraph-Hera1d, a newspaper of general circulation published in the City of Dubuque, Iowa, on July 14, 1975, the City Council of the City of Dubuque, Iowa met on the 28th day of July, 1975, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Cham- bers, City Hall, Dubuque, Iowa, to consider proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter de- scribed, to Dubuque Lumber Com- pany; and . WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or writ- ten, to the proposal to dispose of interest of City of Dubuque,lowa in the hereinafter. described real estate to Dubuque Lumber Com- pany; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the disposal of interest of City of Dubuque, Iowa in the following described real estate, to-wit: Lot 1 of Lot 1A in Town of Eagle Point in the City of Du. buque, Iowa to DUBUQUE LUMBER COMPA- NY for the sum of One Dollar ($1.00) and other good and valu- able consideration subject to the following terms and conditions: 1. That the Dubuque Lumber Company shall grant to the City of Dubuque, Iowa, a twenty (20) foot wide easement in, over and across a portion of Lot 2 of Lot 337, part of 337A, part of Lot 337C and part of Lot 1 of Lot 1 of Lot 368 in Ham's Addition, Du- buque, Iowa, and said easement shall be a construction easement twenty (20) feet in width and shall exist for the duration of the con- struction work performed on the new Water Treatment Plant, said easement is shown on the at- tached Plat marked Exhibit "A". 2. City of Dubuque, Iowa shall grant an easement to Dubuque Lumber Company, in, over and across the easterly 43 feet of Lot 336 Ham's Addition, Dubuque, Iowa, said easement being twenty (20) feet in width and shall be for purposes of ingress and egress by Dubuque Lumber Company as ac- cess to its building by means of motor vehicles, said easement is shown on the attached plat marked Exhibit "A". 3. That the City of Dubuque, Iowa grant to Dubuque Lumber Company a' revocable permit for the limited purpose of storing lumber and lumber supplies on the westeriy one-half of Lot 25 in McCraney's Eagle Point Addition and that portion of Kimball Street from the east property line of Rhomberg Avenue to the west- erlymost tract of the Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company, and said revocable permit shall be for the storage of lumber and lumber supplies and shall exist contemporaneousiy with the construction easement hereto- fore specified to be granted to the City of Dubuque, Iowa by Dubuque Lumber Company. 4. That the conveyance by the City of Dubuque, Iowa shall be by Quit Claim Deed, no Abstract of í Title shall be furnished and that Special Session, July 28, 1975 363 the purchaser pay all costs of plat- ting and costs of publication. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver decd of con- veyance conveying the above de- scribed real estate to Dubuque Lumber Company upon receipt of the purchase price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 28th day of Juiy, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen housing and a suitable living en- vironment and expanding economic opportunities, principally for per- sons of low and moderate income, and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to establish a Commun- ity Development Commission to dc- veiop, recommend and evaluate Community Development Pro- grams responsive to the needs of neighborhoods and the city at large; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the City Council of the City of Dubuque hereby de- clares its intent to establish a Community Dcvelopment Commis- sion composed of a membership that represents all eiements of the community to assure full and fair participation in the Community Deveiopment Block Grant Program. Section 2. That the City Man- ager and appropriate members of the city staff are hereby authorized and directed in full consultation with neighborhood rcpresentatives to prepare a draft outiine estab- lishing such a commission for early submission to the City Council for its consideration and adoption. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmaun Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resoiution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of City Manager submitting report of the Rehabita- tion Program to be implemented under the Community Develop. ment Block Grant program, pre- sented and read. Councilman Lundh moved that the communi- cation be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Ycas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 279-75 Attest: Leo F. Frommelt City Cierk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 280.75 Declaring Intent To Establish A Community Development Commission WHEREAS, the City of Dubuque is a recipient of Community De- velopment Block Grant funds through Title 1 of the Housing and Community Development Act of 1974, and WHEREAS, the primary objec. tive for the use of these funds is for the development of viable ur- ban communities including decent Establishment of a Rehabilita- tiQn Commission for the City of Dubuque, Iowa WHEREAS, the City of Dubuque is undertaking a program of reo habilitation to improve the qual- -~- 364 Special Session, July 28, 1975 ity of individuai properties and the ijving conditions in various areas of the city; and WHEREAS, there exists in the City of Dubuque persons and or- ganizations who possess technicai knowledge and skills in the fields of finance, construction, remodel- ing and other related fieids, all of which are essential for the on- going success of rehabilitation pro- gramS; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to create a Rehabilitation Commission to exercise such au- thority which may be granted by the Council of the City of Du- buque; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That there is hereby created in the City of Dubuque, Iowa a Rehabiliiation Commission to be governed by the City Coun- cil of the City of Dubuque. Section 2. That the Rehabilita- tion Commission shail have and exercise that authority as set forth in Exhibit "A"which is attached hereto and made a part hereof. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk REHABILITATION COMMISSION OF THE CITY OF DUBUQUE, IOWA 1. Purpose and Charge A. The purpose of. the Reha- bilitation Commission of the City of Dubuque is to perform and provide cer- tain services in the field of community development as it relates to the conser- vation, preservation and re- habilitation of the housing stock of the City of Du- buque. B. The Rehabilitation Com- mission is charged with the development and operation of residential rehabilitation and home improvement lending programs through- out the City of Dubuque through the invoivement of neighborhood residents, the private sector and local government. II. Membership A. The Rehabilitation Com- mission shail have a mem- bership of not less than nineteen persons, and they shall be appointed by the City Council of the City of Dubuque for terms of three years. Six of the initial ap- pointments shall be for a one-year term, six of such appointments shail be for a term of two years, and the balance of such appoint- ments shall be for a term of three years. Upon com- pletion of their term of of- fice, members shall con- tinue to serve in their full capacity until a successor has been duly appointed and qualified as provided herein. B. Membership on the Reha- bilitation Commission shail be limited to residents of or to persons who are em- pioyed in the City of Du- buque. C. The membership of the Rehabilitation Commission shall at ail times to the ex- te1\t practicable include the following representation. 1. One each from each bank and each savings and loan association maintaining an office for the transaction of business in the City of Dubuque. 2. A reai estate broker en- gaged in residential real estate. 3. A general contractor en- gaged in the production of residential structures. 4. A remodeling contrac- tor engaged primarily in the rehabilitation, re- pair and/or renovation of residential structures. 5. A building materials supplier. .-- 365 Special Sessiou, July 28, 1975 6. A representative of a building trades iabor organization. 7. An architect or an en- gineer. 8. A representative of the Dubuque Low - Rent Housing Commission. 9. A representative from each of two separately identifiable neighbor- hood organizations. 10. Citizens at large select- ed as closely as possible from each of the four quadrants of the City of Dubuque. D. A vacancy caused by res- ignation or otherwise on the Rehabilitation Commis- sion shail be promptly filled by the City Council for the unexpired term of office in the manner pre- scribed in Section II A. hereof. E. Members of the Rehabili- tation Commission shall at. tend at ieast 66% % of all regulariy scheduied and held meetings within any twelve month period. If any member does not at- tend the prescribed num- ber of meetings, it shail constitute grounds, after hearing by the Rehabilita- tion Commission, for the said Commission to recom- mend to the City Council that said member be re- placed. F. No member of the Reha- bilitation Commission may be an empioyee of thc City of Dubuque. G. All members of the Reha- bilitation Commission shan serve without compensation except for reimbursement of necessary expenses, in. ciuding traveling expenses, incurred in the discharge of their duties. ffi. Organization A. The Rehabilitation Com- mission shall maintain the fonowing Standing Commit- tees, each of which shan be responsible for but not limited to the areas here- inafter described. 1. Financial Resources Committee Development of local and other resources to finance rehabilitation loans and grants through the use of Community Development B I 0 c k Grant Funds; generai and other forms of rev- enue sharing; private, public and non-profit foundations; Iowa Hous- ing Finance Authority; and other public and private sources. Development of a spe- cial revolving fund for persons considered to be high-risk borrowers. Development of a man- agement system to as- sure the maximum and efficient use of funds. 2. Public Information Com. mittee Deveiopment of a pub- lic informationai pro- gram to interpret the rehabilitation program to secure the support of the total community including but not lim- ited to neighborhood meetings, public media presentations, mainte- nance of a speaker's bu- reau and the issuance of timely news rcleases. The development of Community 1 m pro v e- ment Bunetins and oth- er means to secure par- ticipation by homeown- ers in the rehabilitation program. 3. Loan and Counseling Committee Development of the terms and conditions under which loans and grants are to be made including but not lim- ited to determination of income and asset limita- tions, periods of repay- ment, interest subsidies and eligibie costs. Review Board for the approvai or disapproval of applieants for reha- bilitation loans and grants. 366 Special Session, July 28, 1975 Special Session, July 28, 1975 367 Development of special counseiing services for persons who arc consid- ered high-risk borrow- ers. 4. Rehabilitation Standards and Technique Commit. I tee Development of proper. , ty rehabilitation stand- ards which are consist- ent with residential quaiities, physical char- acteristics and other evidences of vitaiity to assure that rehabiiita- tion activities will re- store neighborhoods to a iong-term sound con- dition. Review of neighborhood plans to ascertain that biighting and deteriorat- ing infiuences which ad- versely affect housing conditions are identified and appropriateiy ad- dressed. Development of tech- niques and the use of new materials to accom- piish rehabilitation at the least cost. Development of "sweat- equity" programs. Development of a con- tinuing program to maintain rehabilitated individual properties. B. Each of the Standing Com- mittees shall be composed of not less than four mem- bers to be appointed by the Chairman of the Reha- bilitation Commission from the membership of the Commission. The Chairman of each Standing Commit- tee shall be named by the Chairman of the Commis- sion. C. There shall be an Execu. tive Committee composed of the Officers and the Chairmen of the Standing Committees to develop gen- erai program guidanee and coordination among the Standing Committees. Meet- ings of the Executive Com- mittee shall be at the call of the Chairman of thc Re- habilitation Commission. D. Each Standing Committee may appoint Task Forces as necessary for the purpose of carrying out one-time specific, speciaiized assign- ments of short duration. The Chairman of such a Task Force shall be a mem- ber of that Standing Com- mittee. Appointments to such Task Forces are not iimited to members of the Rehabilitation Commission but may be made from the community at large. E. The Rehabilitation Commis- sion may adopt rules, by. iaws and regulation govern- ing its organization and procedures as may he deemed necessary and which are not in confiict with this document or any other resolutions or ordi. nances of the City of Du- buque. F. All programs, projects and the services to be per- formed by members of the Rehabilitation Commission either singulariy or as a Commission, must conform to the poiicies of the City of Dubuque and to appiica- ble locai, state and Fed- eral laws, rules and regu- lations. IV. Meetings A. The Rehabilitation Com. mission shall hold an organizational meeting on a date selected by the Ma- yor of the City of Dubuque and a reorganizational meeting annually thereaf- ter. B. The Rehabilitation Com- mission shall meet not less than monthly on a regular day. C. Each Standing Committee shall be appointed in not more than fourteen days after the organization and! or reorganization of the Rehabilitation Commission. Each Standing Committee shall meet not less than monthiy on a regular day. D. The Rehabilitation Com- mission shall file with the City Council a copy of the minutes of each regular and speciai meeting of the Com- mission within ten working days after each such meet- ing. E. The Rehabilitation Com- mission shall also file with the City Council from time to time but not less than quarterly, a narrative re- port of their activities in- cluding financial and sta- tistical data which may be necessary for the City Councii to understand all of the undertakings of the Commission. F. A majority of the Commis- sioners shall constitute a quorum for the purpose of conducting business and exercising such powers as delegated to them by the City Councii. Action may be taken by the Rehabilitation Commission upon a major- ity vote of the Commission- ers present, unless in any case the by-laws of the Commission shall require a larger number. V. Staff A. The Rehabilitation Super- visor of the Department of Community Development for the City of Dubuque shall act as Secretary of the regular and special meet- ings of the Rehabilitation Commission and shall re- cord all votes, keep a rec- ord of all proceedings of the Commission and per- form such other duties in- cident to the office of Sec- retary. B. The Director of the Depart- ment of Community Devei- opment shan have general supervision of the adminis- tration and affairs of the Rehabilitation Commission, subject to the direction of the Commission. The Di- rector shall maintain the records of the Commission and shall be charged with the overall maJ¡agement, administration and opera- tion of all rehabilitation programs. Councilman Lundh moved adop- tion of the resoiution as amended in Articles, Page 5, Section 5A. Seconded by Counciiman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of Pubiication, certified to by the Pubiisher, of Invitation for proposals for the purchase and redevelopment of certain parcels of real estate in the Urban Re- newai area, presented and read. Mayor Justmann moved that the proof of pubiication be received and filed. Seconded by Councii- man Meyers. Carried by the foi- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Five Flags Civic Center Fund, advising of im- mediate purchase of easterly one- half of block bounded by Main, 5th, Locust & 4th Streets on staged takedown basis and westerly one- half of block within 18 months, presented and read. Mayor Just- mann moved that the communica- tion be received and filed. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 281.75 Declaring Intent To Sell a Por- tion of the Downtown Urban Re. newal Project, Iowa R-IS, to Du. buque Five Flags Center Fund. WHEREAS, under date of June 23, 1975, the Council of the City of Dubuque adopted Resolution No. 236.75 which approved and authorized the rcceipt of propos- ais for the sale and redeveiopment of a certain parcel of real estate in the Downtown Urban Renewal Project, Iowa R-I5; and WHEREAS, pursuant to said res- oiution, a notice of Invitation for Proposais was published in the Telegraph Herald, a newspaper of general circulation in the City of Dubuque, Iowa, June 26, 1975, and July 3, 1975; and WHEREAS, in response to said offering, a proposal for the pur- chase and redevelopment of the 368 Special Session, July 28; 1975 real estate was received from Du- buque Five Flags Center Fund; and WHEREAS, pursuant to Chapter 403 of the Code of Iowa, as amend- ed to date, and certain reguiations of the United States Department of Housing and Urban Deveiop- ment, certain documents must be made available for public inspec- tion and a public hearing conduct- ed; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Block 15 in Dubuque Downtown Plaza also known as Disposition Parcels 11-1, 11-2, 11-3, 11-5, 11-7, 11-8, in the Downtown Urban Re. newal Project, Iowa R-15, to Du- buque Five Flags Center Fund in accordance with the terms and con- ditions of the Land Marketing Doc- uments governing such sale on file in the office of the Department of Community Development. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of pub- lic hearing to be heid on Septem- ber 2, 1975, and to make certain documents available for public in. spection. Such notice shall be sub- stantially in the form of "Exhibit A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donaid R. Meyers Councilmen Attest: Leo F. Frommeit City Clerk EXHIBIT "A" LEGAL NOTICE OF HEARING Pursuant to Chapter 403 of the Code of Iowa, as amended, the City Council of the City of Du. buque will hold a public hearing for the purpose of considering the authorization of the execution of proposed agreement/s after the completion of the public hearing by and between the City of Du- buque and the developer/s herein- after listed for the purchase and redevelopment of certain parcels of real estate located in the Down- town Urban Renewai Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth Street on the north, and Locust Street on the west. Name of Developer - Dubuque Five Flags Center Fund, 622 Du- buque Building, Dubuque, Iowa 52001. Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 P.M. on the 2nd day of September, 1975, and any person or organization desiring to be heard will be given an opportun- ity to be heard on the question of the proposed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form pre- scribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said de- velopers are on file and available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays, and holidays. Said documents shall aiso be available at the time of the public hearing. The "Redeveioper's Statement for Public Disclosure" discloses among other things, the name of the redeveloper, and as the case may be, the names of its officers and principal members, sharehold- ers and investors, and other par- ties having an interest of 10 per. cent or more in the redeveloper. Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. July 24, 1975 Honorable Mayor and City Council The Iowa Office of Planning and Programming has informed us that $7,602 has been made available 369 Special Session, July 28, 1975 under Comprehensive Empioy- ment and Training Act, Title II for unemployed residents of the City of Dubuque for FY '76. The Office of Planning and Pro- gramming has notified us that we are eligible to function as an agent for administration of these funds for the City of Dubuque. We believe that it is advisable that we assume this responsibility as a service to the community. The Title II funds are available to the community when unemployment exceeds 8'12 % for three consecutive months be- tween September and May. Our lat- est unemployment figures (month of May) indicate that the unem- ployment rate for Dubuque Coun. ty was 8% and there were 3,400 peopie unemployed. Even though the City would function as Program Agent a per- centage of these funds would be available to other governmental units and nonprofit agencies with- in the City. For administration of the Program the City would be eli- gible for 10% of the total funds to defray costs incurred by the City. We believe this is a service that shouid be performed by the City. We would recommend your adop- tion of the attached Resolution au- tb.orizing the Mayor to sign a let- ter committing the City to the re- sponsibility of Program Agent. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by' the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 282.75 able to employ unemployed peo- ple; and WHEREAS, funds in the amount of $78,602 have been made avail- able for the unempioyed residents of the City of Dubuque for FY '76; and WHEREAS, the Governor of the State of Iowa, through the Office for Planning and Programming, has identified the City of Dubuque as eligible to be Program Agent; and WHEREAS, it wouid be a bene- ficial service for the community if the city would assume the re- sponsibiiity as Program Agent for the Comprehensive Empioyment and Training Act of 1973, Title.1I Program for the City of Dubuque for FY '76. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that the Mayor be authorized to sign a letter stating that the City of Dubuque will assume the respon- sibiiity of Program Agent for the administration of the Comprehen- sive Employment and Training Act of 1973, Title II, for the City of Dubuque for Fiscal Year 1976. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justinann Mayor Alvin E. Lundh Emil Stackis' James E. Brady . Donald R. Meýers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution..Seconded by Councilman Stackis. Carded by the following vot: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays~None. Resolution Authorizing the Ma. yor of the City of Dubuque, Iowa to Sign a Letter stating that the City of Dubuque will be Program Agent for the Comprehensive Employment and Training Act, Title 1\ Funds for the City of Dubuque, Fiscal Year 1976. WHEREAS, the Federai govern- ment has enacted the Comprehen- sive Employment and Training Act, Title II, and has made funds avail- July 24, 1975 Honorable Mayor and City Council The Dubuque Transit Authority will, within the next 30 days, be fiiing an application witb.'the State of Iowa Department of Transpor- tation for transit system operating funds. This application wiil re- quest assistance under Section 5 of the Urban Mass Transportation Act of 1964 in the amount of $209,807, 370 Special Session, July 28, 1975 The attached Resolution author. izes the Chairman of the Transit Authority to file an application with Iowa DOT for operating as- sistance. Additionally the Resoiu- tion authorizes the Chairman of the Transit Board and members of the Transit Authority to make avail- able whatever information neces- sary to the Department of Trans- portation relative to information requested in the grant application. At a later date, after the ap. plication has been filed and reo viewed for completeness, you wili be requested to schedule a Public Hearing. Certification of the Pub- Hearing must be submitted before final approval will be granted. Your adoption of the Resolution is recommended. Francis A. Murray Assistant City Manager Counciiman Lundh moved that the communication be received and filed. Seconded by Counciiman Stackis. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 283.75 Resolution Authorizing the Fil- ing of an Application with the Department' of Transportation, State of Iowa, for a Grant under the Urban Mass Transportation Act of 1964, as amended. WHEREAS, the Secretary of Transportation, U. S. Department of Transportation, is authorized to make grants for mass transporta. tionprojects; and WHEREAS, the Governor of the State of Iowa has been designated as the recipient of Section 5 Op- erating (transit) Funds for ur- banized areas under 200,000 popu- lation; and WHEREAS, the contract for fi- nancial assistance will impose cer. tain obligations upon the appli. cant, including the provision by it of the local share of the project costs; and WHEREAS, it is required by the U. S. Department of Transporta. tion in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for as- sistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civii Rights Act of 1964, and the U.S. Department of Transportation requirements thereunder; NOW, THEREFORE, BE IT RE- SOLVED by the City Councii of the City of Dubuque, Iowa as fol- lows: Section I. That the Chairman of the Dubuque Transit Authority is authorized to execute and file an application with the Iowa Depart- ment of Transportation, to aid in financial assistance under the Ur- ban Mass Transportation Act of 1964, as amended. Section 2. That the Chairman of the Dubuque Transit Authority is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transpor- tation effectuating the purpose of Title VI of the Civii Rights Act of 1964. Section 3. That William Kohier, Manager of the Dubuque Transit Authority, is authorized to furnish such additional information as the Iowa Department of Transporta- tion or the U. S. Department of Transportation may require in con- nection with the application for the project. Passed, approved and adopted this 28th day of July, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donaid R. Meyers Counciimen Attest: Leo F. Frommeit City Clerk Counciiman Lundh moved adop- tion of the resoiution. Seconded by Councilman Stackis. Carried bY the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Application for transfer of Class "B" Beer Permit of Dubuque Jay- cees from 1023Vz Main Street to McAieece Fieid from July 30, 1975 to August 18, 1975, presented and Special Session, July 28, 1975 read. Counciiman Stackis moved that the transfer be granted. Sec- onded by Counciiman Lundh. Car- ried by the foilowing vote: Yeas - Mayor Justmaan, Coun- cilmen Lundh, Meyers, Stackis. Nays-Counciiman Brady. RESOLUTION NO. 284.75 WHEREAS, appiications for Liq- uor Licenses have been submitted to this Councii 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 foliowing 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 Imperial Lanes,. Inc., 3505 Stone- man Road (also Sunday Sales) Passed, adopted and approved this 28th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Counciiman Lundh.Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 285.7S WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Councii, 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 foilowing named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUÒR LICENSE Imperial Lanes, Inc., 3505 Stone- man Road (aiso Sunday Sales) Passed, adopted and approved this 28th day of Juiy 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommeit City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Counciiman Lulldh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 286-75 Wf!EREAS, applications for Beer Permits have been submitted to this Councii for approval and the same have been examined; NOW Tf!EREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Thompson's Food Markets, Inc., dba Iron Kettle Deli, 1236 Iowa Street (Also Sunday Sales) Passed, adopted and approved this 28th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donaid R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by 371 372 Special Session, July 28, 1975 Counciiman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 287.75 WHEREAS, appiications for Beer Permits were filed by the within named appiicants and they have received the approval of this Coun- cii; and WHEREAS, the premises to be occupied by such appiicants 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 appiicants a Beer Permit. CLASS "B" BEER PERMIT Thompson's Food Markets, Inc., dba Iron Kettle Deii, 1236 Iowa Street (also Sunday Sales) Passed, adopted and approved this 28th day of July 19.75. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 288.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiied 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. Herbert Bisping, 1401 Elm Street Phiilip Langas, 1105 Loras Blvd. Clark Oil Co., 1005 Dodge Street Passed, adopted and approved this 28th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Counciiman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. ...............,............................................ ............................................................ ............................................................ ............................................................ """"""""'Cöüiiëïi¡;;ëñ"""""""""'" Attest: """ëiiiy"ëïérk"""""""""""