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1975 August Council Proceedings 372 Special Session, July 28, 1975 Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lnndh, Meyers, Stackis. Nays-None. RESOLUTION NO. 281.15 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Thompson's Food Markets, Inc., dba Iron Kettle Deli, 1236 Iowa Street (also Sunday Sales) Passed, adopted and approved this 28th day of July 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 288.15 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Herbert Bisping, 1401 Elm Street Phillip Langas, 1105 Loras Bivd. 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 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. 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. ............................................................ ............................................................ ............................................................ ............................................................ """"""""'Cöüiicïi;;¡ëñ"""""""""'" Attest: """ëiity"ëìë~k""""""""""" Regular Session, August 4, 1975 373 CITY COUNCIL OFFICIAL Regular Session, August 4, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann. Councilmen Brady. Lundh. Meyers. Stack is. City Manager Gilbert D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING OF THE COUNCIL called for the purpose of acting upon such busi- ness as may properly come before the meeting. Communication of Knights of Columbus requesting Mayor to de- clare the week of August 18th, 1975, as Mental Handicapped Week in support of their "Tootsie Roll" Project, presented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Members of the KC's addressed the Council relative to the com- munication and urged support of the project from the Council. Councilman Lundh moved that the communication of the Knights of Columbus be received and filed and the week ,so proclaimed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque Bi- centennial Committee requesting time for the Citizens Committee formed to honor U. S. Corps of Engineers, also to explain the planned days of August 9, 10 and 11 for the visit of the Tugboat "Sergeant Floyd," presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Report by Thomas E. Rawson on the Dubuque Tri-State Bridge Proj- ect, submitting a list of Federal Highway Administration require- ments which have been met for a Dubuque-Wisconsin Bridge Proj- ect, presented and read. Council- man Lundh moved that the report be received and filed and referred to the Bridge Committee. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 32-75 AN ORDINANCE establishing Comprehensive Zoning and official Zoning Map for the City of Du- buque, Iowa, and providing for the Administration, Enforcement and Amendment thereof, in accord- ance with the provisions of Chap- ter 414, Code of Iowa 1975, and for the repeal of all Ordinances in conflict herewith, said Ordinance having been previously presented and read at the Council meeting of July 28, 1975, presented for further discussion and considera- tion. Communication of West Side Business & Professional Associa- tion of Dubuque, Inc., requesting referral of action on the proposed Zoning Ordinance until Council has had an opportunity to meet with them, presented and read. Coun- cilman Meyers moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Key City In- vestment Co., requesting C-3 Zon- ingClassification on approx. 14 acres of land on J.F.K. Road, pre- sented and read. Mr. N. J. Yiannias addressed the Council relative to the request, stating Key City In- vestment Co. spent significant sums of money to have area zoned as Business Classification; Reclas- sification is arbitrary and unrea- sonable. Councilman Meyers moved that the communication of Key City Investment Co. be received and filed. Seconded by Councilman Brady. Carried by the following vote: 374 Regular Session, August 4, 1975 mending the change of the Zoning Map accordingly be overruled and that it be further moved that the said above described real estate be classified and designated as an R-5 District Classification and the official Zoning Map of the City of Dubuque, Iowa, so classify and designate said real estate accord- ingly as R-5 District Classification. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays-Councilman Stackis. Councilman Meyers moved that the rule requiring that an Ordi- nance must be received and filed at two (2) meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays-Councilman Stackis. COUNCIL RECESSED AT 9:30 P.M. RECONVENED AT 9:40 P.M. Councilman Brady moved that the Zoning Ordinance and Official Map of the City of Dubuque, Iowa, being Ordinance No. 32-75, to- gether with the official Zoning Map of the City of Dubuque, Iowa, dated August 4, 1975, be adopted; subject that the property abutting Kebbie and Bies Drive described as Lots 2 through 7 inclusive of Block 2; Lots 2 through Lot 13 in- clusive of Block 3; and Lots 2 through 12 inclusive of Block 6, all in C. J. Bies Subdivision in Section 28 Towj1ship 89 N. R2E of 5th P.M. be zoned and classified R-2 in lieu of the C-3 classification, and the Zoning Map is hereby or- dered changed accordingly and the clerical changes be hereby adopted, as shown on attached "Exhibit A." Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Dave Setter of the Washington Street area, addressed the Council, objecting to the rezoning from 17th, 18th, 19th and Washington Streets; 12 properties remain Light Industrial Area. Councilman Brady moved that the recommendation of the Plan- ning & Zoning Commission relating to Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Rudolph's Farm in Section 27, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa, owned by James Yiannias, where- in said recommendation recom- mends changing the classification of said real estate from R-5 Dis- trict Classification to C-3 District Classification and further recom- mending the change of the Zoning Map accordingly be overruled and that it be further moved that the said above described real estate be classified and designated as an R-5 District Classification and the official Zoning Map of the City of Dubuque, Iowa, so classify and designate said real estate accord- ingly as R-5 District Classification. Seconded by Councilman Meyers. Vote on the motion was as fol- lows: Yeas - Councilmen Brady, Lundh, Meyers. Nays-Mayor Justmann, Coun- cilman Stackis. MOTION FAILED TO RECEIVE % VOTE OF APPROVAL BY COUNCIL. Councilman Lundh moved to re- consider vote just taken. Seconded by Councilman Meyers. Carried by the following vote: . Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays-Councilman Stackis. Councilman Brady moved that the recommendation of the Plan- ning and Zoning Commission re- lating to Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Rudolph's Farm in Section 27, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa, owned by James Yiannias where- in said recommendation recom- mends changing the classification of said real estate from R-5 Dis- trict Classification to C-3 District Classification and further recom- Regular Session, August 4, 1975 375 ----~--,"~~--~~~..._-_.._-_..._...-~- ..,.,.. ...'..,.,....._.._- "~-""".'- buO". Iowa 10 eoad a 'oolog o'dlna"e aM 10 p,oulde '" lis admlolsl'alloo. eofommeof, aod ameodmeol; aM WHEREAS, Ihe CIIV Cou,," deems II T~e~::~~.',;,o:~~ ~';'.';r.:rs o:,,"J~~~~~oo~ wella,e 01 Ihe ,IIV 10 eoa,1 su<h 00 me",....,--..,---..-.....,,"eeo NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ARTICLE 1.- DISTRICTS, FICIAL ZONI PRETATION SECTION 1- Within Ihlsoo< .. n - - --- "'" be odopled Ihe'e e,'sl 1.lols; ',sl,udu,es; 3, uses of laod ood "'udu'es; S. <ha'a,le,""" of use, whl,h we,e lowlul befo'e Ihlso,"oa"e but whl,h led, °' 'e. I Ihls O",. I. If " Ihe ""omge Moofo'ml. 10 ,equl,e y ¿? --.,¡ ~ '\. " -1Ç/ :mm~ n~!:~.~~~:~i ~~c~~. g".,..5Ë2~~h8~ 8¡;O-~j; Ë¡;~,:.~.'ë8.E~ë~~ ..Õ~,¿~;: 2~.~~~~~~~~gE :~~~~~ h~iE~~~H~~~~~ ~Jt~~ ~¡Wïign~ì';;~ ¡¡=õ~~:- .~;~;mmHi :e ~ ,J if!!i!!;¡ jf~!lfii;il:!~il~!;!!~;ì >.~U C'" .D. ~--c. 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E' ~~; !;~~ . ~ž~ ~~~~ ! ~~.~ ~ :h~ w ~ > ~ ~ . 0 :;; ffi;; ~ uo - ~¡¡; ~ l~ ~ ~f ~ - ~ ~ Ii ¡¡ ~ I; ~ ~ 3~> . ~ :h:~ ~ .~ :ß ., ,,£ [J) m! ~~ 1 !;;;~ if ; ~i~; ~ ~ õ~§;;¡ .\ ~rl .~ ~~ ~~ . ~E õ~ i\~1~ Jml ~§~~§~ i1:ij~l ~~~Ë. ml ~.H ~'¡~m~ ~/~~~~~~~ u; ..>_z,¡~~ 1> ~H~-¡¡ž~~. ~<~ ~~i~¡~!i! ~ -o~>o<o~- , 0 ~ , Æ , ;: j ~ I ~ g ~ _00 ~ -.. ¡¡ . ->- < ~: "0 Uh ~- .- n u .- u " " Q 0 , , . ~ . . c; ..,. m¡¡~\~¡ " 10 og......--~. o. b; ~ -=õ~~~.~~ ~8 :; i~i~m~il~Hi ~ .~.~U~,;1:õ~.r;¡ I'. ~ ¡j~ilhmiij~ -< õ t¡¡¡iilil,¡ õ1i~'~E~ ~~;;m~ , H~¡j i.i;m !!iiii ~. ~ ~.E . o. -0. ¡ìm¡!¡II~~¡~ .~- ~ .. @ ~ :3 E "" ~ " 0 ~ 8 ¡m !i!i i~i!j~ 10 b; "" Iii !\\I\! !~g !3"~;" ~:" ~~{:H ;¡n ;¡¡,!¡,¡ .,,¡ ~ ~ "" ~ J ¡:H:¡,;~",HÌ'~h.õ'!.~h;:,"õH .~ ~ 00 @ :3 "" " ::>:: - ~ ~ ~ ~ ~ i 11¡¡¡i ::;nHl: H ! 0 0 ..,. ! I t~ m ~~~g ~~~ ! ¡!í~Jüm co 0 ..", ~~ . ~ ~ ~ ~ ~t ., - g-~~~~! .. ..- .0 "" -OH '-" t- O> ..., ~ ~ blJ .ê .~ i(j [f) ... " ~ '" ~ ~il~~ ¡!..io¡~¡1¡ Eoo '"CO-- ~>.~. C :~ mi!Jm~¡~ ~ ~ 0 " ~, . ~ 0 ~ . ! . 0 . " 0 0 ~ ~?: ~~~: ~~! ';15 .. .. ~?! O!U UL = ¡~~~ ~m !~ ~.i !~~; <,. 0 < 0 0- II H , . " " ..; .. dil ~.~~~ nm E ~~~ im '-" t- ~ .~ i(j [f) ;:; "3 blJ '" ~ m~ ~ .~ n .8d œ o~ -~ E ~ :" hf~i m ~~ u ~- 1!c "'. n ¡~ l õ. :. . :~=õ ~~ ~ iË~~ "" 0 ..", L~ 0 ..". ." t-- ~ ..,< ~ ~ 1OJ) " -< ,f .~ .O~ ~ ~il ; ~~8 ~ ~~~ . ~ ~~§ 61 .~~~ ~ ¡iiI .~ ¡ I.¡~f~ ~ ~~ÜK~~!~ ~ r~m~¡ ~ .. ¡~~ ~ f~~i ~ ~i~~ ~ .:c' t ~lil i!U ~~~~~ é ~~~h ~ !!li ~i; ,,~~~ cos mi¡U g;~~ Ë~ :¡l!EE¿~¡¡: ~~~~~~ ~ QQ""Q !if!! ~~~~~~~ ." §¡ ..,< ~ !Itt~¡ .'!;~". 1!~E ¡[i~~ .~^ i ! Ij~\t I c'E~. .Et;:~~ 0 ~ ¡¡s;¡;Zi ¡:8:ï:::~~H . ; ~ ~ ~ 1 i ~ i 0 ~ i 1 i '" . ~ .i - 'í~ ~ ..i '1- -. :r 8. . :~ 1J ~" ~f .. ~ i~ ~ i ~~ ~~ ::~ .. :: ~ :~:~ ;5 :~ ~ ~ . . .. .. .~ . z ~ ~ ~~ ] ~ . . x .. - :~ ~ ~ 0 z ~ ! ¡ ~ . ~ - 0- 0 . I~~ ~¡;H ~ ~ < £ ~ ~ i , :: ! 3 = : . " ,!= ;¡ - N .. '" '" .; .;, ~ . . ¡IU ~~c~~OEC mm!t 406 Ii Regular Session, August _4, 197,,---__._~-- C~~;:~~T I,i:¡i:i':,,:'i::, R-1 R-2 R-J R-' R-5 Table 5-105.2 SCHEDULE OF COMPREHENSIVE SIGN REGULATIONS REGULATEOSIG" AAXlMUM , CD<T"T I AAXlMUM AREA NUMBER I $T 1',o,."",If,lo, ,do,"'o",' O"'- 11,100,1",""- c'o", "". fc. .00",doob,lId 'og IMUM JEWOI'INflGHTILIGHTIHG!MOTIONICDNDlTIO"LUIE 0 R.O.W. 0 :,'o~:J 00°' ."mp,~1 "". fc. 2 f",-",odlo, ~ooC,doobolid ,,, f,...",odlo, ~2,::¡:~'p~~ ~";~:"dl:::;"'d 00 bolld lIo'o,oolc, .hl,h,o" I. ,,.. f",->c"dlo, 0 0 ¡;o om """R-, cheo R-5,dI""lo'" "'"' "c ",..d- 'o"".',."'h. ::~:':.::V,:;~,~::C ","CIfV'O'!' "hp" 1001 2 ¡"O"'d O" bo"d I1ow of "",'0'" p"f",'oo. ',.fe. of flooo 10' ood "d.."I.. , ho""of "" d,o",d" ",ffl, 00 ch, 00 fo' offl"offl" "". bo' p,..I", ;¡¡m':i...r::~ I If""",odlo, ",., " OR-', 000- ,,.. " R,,","cl,' J ,I.., 110,,11 "'0'" "oo"d 00 boll' '~V" m,d, """". OR-I 01,- f.., of f,," ",h 100 log ","' "oo"d 0° "'" ", of 'h, '0 f," of '!" ,h..8',"o, "IO'of", f""",. "dow,!,..doo, 'vwp"."""ofCh,oof",- ","d,""".f<. ""'og bolldlog"- 'ooCh". ",h¡ ".pomV odo"', °' "d" wh I ,h- f. '" C' W,"".",", mll,bI, ,.., '""" ",..dJ ch, pm,I..." 1¡¡'~1¡'" OR-I C-' c-2 ".. .. '-I C-' ',.,..C-I C-' b,'ow 1'"dI"" I '°00 ,m O"O'V. °° p"'p" 'owml'- "O, I----- 0 10' 0 b'~OW 10dl,,"1 ""' ,m","',. °° p",p" "",ml,- 1O,""~ 0 ::;',;; :,::::;~"I'" R 01"""101::,:,,1 ,.. R Dlw'" II::;,: OI'-I:;:t~ I 0;:;,:,,1 :;:t~ ""O, lo"leu- "°""0,1, ".. .. C-I "....C-I CO""", Dff-O"ml.. "gos """'h'I""""]""""'OObOIl' ""'" ",' of ",h 100 '°, f","" of f", of °' 'h. '°, f"o"". f,..-",odlo, r,'o:':h';, " 'oof "'"' lòf,oo,,' .."" , "'"'P" p"ml", , "m" IIO"~' "" pO' f"t of f,o" ,..h 100 ",of Ch. ",f", of f"o"". ,o,f,..- ~~:o::'~: """5 1""' p" ""ml'.. oov 1200 ".f,. O'\Off-P","-1 750 ".ft, to, I.. a".~ , boo'-,o-boo" ""og d,' o,V-cypow'thv'", I oot mo'o thoo ,holl b, ~ 2 "c'og, """, °° clo'" Choo 100' '° aooCh- " o'w- ::::o~::-I log 1o 1 tho "mo """'°°1 °° .lth., ,i'. of th. ,o,d- w'v oov 0 b,'ow ~'Odl""1 °°", ""O, O'V. °° p",p" "wml'- "" I----- 0 10' "" ",owl,odl",,1 '°"' "o,o'oo'V.oo :p",O" '"wmle- "" "" 25' IdI"" " I "°", ,"" .."dI"'" .leh'o coob 00 ,"", 10' of '"'et", O'bllc lI,h,I" ",ht- wlehl, o..."V 10' of pobll, ",h,-of- ..".'° ,,"°'" bolb"'" ,boo, 5" '0,","' 0 )s' I';~" I';:;" 0 so' I" ,." °'1 nooo 10"000'. °° 101.,- mitt'" °' fla,h- 10,II,h" 00' 00 OK 0°'" b,II ..." .bovo 5801 lumoos "'"' o,C-1 NOT APPC!cABLI °°"' "'"' so.. .. C-1 NOT Al'PLiCABLI COod. U.. "',. Off-p"ml.. ,'. ,o,'og"p", O" ",oodI" m', m,v ,Coo'lel, P"""" f,...","dI" off ",o,"lIb,"" f,om ,ho p,bll' , wö, ," ,... Ch.. ,hall oo,b"'" h,l,ht , "'"' II"" ..,mp'" "'"' , th, OR-' Of- oo-R..",""" ml,t less Ihoo '"' must be ,uo". '" Um Pe'. TABLE 5-105.2 Ir Oo-o,.m'.. "goo ..m. 0' C-1 Off-O,.m'.. "g", ,amo .. C-3 "ma a' C-I "a Coo,. U,. Regular Session, August 4, 1975 REGULATEO SI GNS SCHEDULE OF COHPREHENSIVE SIGN REGULATIONS - -~-~ 1 "'00' "'m"IIO"'~"h'OO' f.., of f"ot- of f,ool- o"of'h,'ot",.thm o'IO'ofbullof,oott. log f"",. m.." whlch""I. Ig"p" "..,., p"ml'.. Soma .. C-, 2 "m~ Ii O", foot of f,ool "a of th. 'ot '.0 Cood. U.. 0o °' off-o'.ml'.' Soma .. c-4 "'" ..mo .. Co, "W'et "'¡"et Mou".' 00 b'li'lo, f".."o"og 'omo .. I Mooo,,' 0O C-, bull"og f...-...o'lo, , w.lI-mo",.d LIGHTING I MOTION ICONOITIONAL USE OAOVISIONS! ,:~:, :::;:'"1 ::;mlt-I I eov, .. Ch't 00 I I.."p" "00'" I bv'b so' ::::'5;;' ,,'"'"' 60" 60" 18" 1:£~J'o'I~;~:o;:m-1 000.1 pmp,'; ,.. "," -1oC-, SO' 51", """,,1°' "",1001 1°""0-1" "vm f."12 p" lmooo'" 0O bull'- "0",1 boll"o". pH bo'idlo, bull"og 1o, Mh .. '"ml,o"., ',m,. h,"'. ,,- "wlv,"'. ao' .'m- Ii.. boll"o,' a 18" O" I" "" °'1 0000 b "dI ".., 0 00' 000 -I 'W eov a °, "" et 00 , . P"'O"wl'hoo ..po..' "Ib"" " thoo 80 Iv,"oo f""',,,o"o, 10COOjvO",OOWIChI.,omfoo'I'po, Imooo",oobviid ,lIol"o,o'h" o"'00'q,mbull"o,log p"f...'ooa' offl" foo, of flo.. 0", .1,", "00"- "". bv' O" fVlogCh,oamo. 'om.., 100 pcof... 100, o..u- .,um foot P'"". °' ho"" of oe' b,l1d1og '°0""'°0 15I,os "ootlfy'o, \100 .,o",f.. 'h. O,'oclp.' 10- 0.' "'O 00' tltutloo oot to moo' '00 ",m f,o fo, <h. 00"'. dI"",t ',ma .. I '.me a' C-4 ",j 'oma .. HI '.ma .'1 Soma a' c,4 "iet I OI",let c-4 c-4 3 milled.. Co""I..., U,e, 1o AoV Olst"" Wlfhlo aov dlsl"d estobll'he' bV Ih" o'dloan<e, . pe,mllled °"'00". goue, CoMlllooa' U,e .. .. -- ..1j~ Issu,"<e 01 bul 001, pco. F,......o"og F..""t.' 0O bUII'-1 "g IF,......odlo, 0 b"ow Nooo Nooo ~7;::;,,;::;;;"";II:::::~:;¡':¡::;' " polle'oo' "~,"' "," of p"m'... """"d.."" '".. ""," p'" ",h",o","o- "",.."'",, -h"hch",pp'v, .., "~,,dwlth- '0 ",d",of 'o,h"",I,", "'"' ,d...cl,lo, $I,", """'vlo, ,o,"co""do,,,d ",'-u"",...,- " "co'"'"d ",- °p'," " "'dlv'- ". r.."""." '00 ""9'°0"","1- "'¡ '"" or.. "'0"""0," "",..lIb,... "",d..'chl,", d.",f",mh '"'",. ""' " 10"'0" 0 6' No", No," 0 b"ow l'Odl"Ce! No," ,,",oo oo'V O"'pet 0 10' I No "'.'1 N"" ml",ot 0 10' Ilo'lme! N"o "Iv. °° lot.'ml<- It." ,Ide' Ih" "ch of th. tollowlog "odl. lion' a,e p,e,eol¡ lITheu'el,"a,I"cflvllmlfedo", lompo,",v du,olloo, which 1o °° "" ::""~r, t~C;¡~I:~X O~6J'h~O£¿~~I¡'~~af'l\;~ Pe'mll; aod 21 The u,e will ,...e 0 public oe" °' will "ol,lbule to Ine public coo. 407 - AI""" 10'-601"".. m,O'" of... ,ff",I" 'oc, of 0""'°" ,h,11 b" a' "",,' °° opp,,",d A"a O""lop",, PI,". 51 9" I ° a ° V C - 6 01 '" , , t exl,tlo, °° ,ff",I,. ",. of 0,""",. "," be 'ub- jm,o"g,'ocloosofC-,. 01 '" I cc I NOT AOOLI CABLE NOT APPLICABLE NOT AOOLl,CASLE ueoleoce aM welt.,e; a", 31 The u,e be... ,ome tu"lIoo" °' olhe, beoellclal ,elolloo,hlp to ape' mille' u,e wllhlo Ihe dI,I"cf; ,"d " The u,e Is of a "tu,e oM scale ,uch that It wll' 001 be lIkely 10 'ole"... ::;~~I ~~e,"':f..~~o~~~a,::"r..: t::::,d m;.°Nó I allededbVIt,ope,alloo(,). I ~ 10~."CC~ GI!'. E~O~D ~ ~~~~! ~ ~~E:~ ",^ .O~D~ :~~~~ u;~~ iPH :;,~~H ~H8I ~!m:~ ~¡;¡;="E~ ]~!m~ 1 ~~h; ~ ~~~;I ~ ~>oou ~ ~ CD " < ,,^ .~ ~ :~~ '3 ... ~ .~ ~ "iI' i:~ m !¡I¡,¡~ !! <~§'ï8~ U;~:i !~ ~¡~!jl~J¡r' 1!~.¿1:m~1~~~~1 ~U~lii~~~itm~ ~t!:i~~!m!j~ ~: ." 0.,00- O. i!¡ ¡¡~¡~i ¡il! ~ a~ ~ i~~ ",^ Ë ~ ~. CD " .ê .~ ~ <J] ~ ], '" ~ ~~i; !Z ~~~g~~;;¡~ ~ ~~¡¡ ;~1!:;~;:¡;!!: ~u g; ~~~ ~~~~m~ ~€ ß ~ ~ ^,I- . 0 O~l'!::::;;~6~' g"z;;I-QE~~ <3~~~~~1~r r~;;~~g:¡~" >~~I-~~õ::õ "i..~ ¡¡..~~~ U~w ~~~~8 š~~ ~ :i~ õ ~i ~~ 0'0 'i~ ~ ;j~1 ;1 II j 0 ~" E f~ ~~ : I~h ~~ ~~w~ 'õ o'~~= "'. ¡~r : ;1 !¡¡¡~¡ ¡¡¡ ~ ~~~~~E.§~~ ~~~ h~1;~tH1' ~~i . ¡~ ~;.~;§= h~ ~ ~Å ~~~~ð~~~~~~ ~~s~ l~ï~~~~~l~. ~~~g :¡g~t~~ð:¡~ ~ :;;: >D t-- ;:; ",^ -;;;1 5'01 .ê I' s" .~ H~. Ji ';;5EE ~O !m~ " ~~".E " !!¡~¡ tiJ!UmUif ~.;~~~.~~~g¡¡ ~ !¡¡~ffi~~~ >D t-- ;:; ",' ¡!~!;!;I ¡III l;!i !t " ~~i"¡¡ ~~ ¡m'~ oÆ~.!. M ~~~~ Ú~~ ! l!¡¡~ -. 'O¡¡~o" ~t~!ilii ~ ; 01) " «: .~ iJ V'J ;, '3 01) " ~ .~ ~ H.. 0. ~ :"~ ;'~~ 51;. m ;i~¡ ~i¡ jl¡~¡\¡¡¡ 0 zo ~ !;!:ø >--w Õ ~¡¡~ ~ :;;:¡ ~ z..¡: ~ ~~~ ~ ~:Eu - ~~~ ~ >g~ Ii ~~;¡ ~~§ U..~:. ~:~ ..ot; Ii- ~d n "": ~H,<1;" ~~ 0 :;:;: 1 '" ~ ~"" m in ~õ' l!) sg §¡ ~~ "'" g~ ~ ~; go H < m .~~~;.;~~ L!~~g'¡:~~ õ. ~!~~~:i~ ~¡¡ &1~¡¡;~~; Ui ~m~~:! >.~ x"~~u:;1i. .~ dl;i!;H . . H:~ ih :~ ~r;; d~ n!ä~ E H .0 o. .. o~ 0"0 ~ Õò ~-o >0 ~. oou 0 . . . . . ~ u 0 0 . . ~ ~ 0 . 'd J : . 0 0 z z . ~ ~ ~ .~ ~ u:J U: !~! fll!i i~¡ !~; a ~ ~ 0 . ~ , ~ . :<i ~ 15 ¡: § ~ . 0 , ~ ~'!: ~ ~ j*~ H~L. ~~¡j~: n~a. ~ H~H ~HHH ~ ¡~ !~L ~H~; . .,; ~ ò ..; ~ ..; - N > .:¡ l!) ..... '" ,..; "'" u~ irJ l1~~E. U!it ~ ~ bO " < .~ ~ u:J ~[~ ~~Hm~ ~ c'. -_U.E oE . !¡!~¡!¡¡¡¡! I. iE" h~~~ 1 ¡¡¡¡1M ~ Ii!Ui :s~'ë .s..~. ~E~."~ :j;uj. !um ;~h.N~ '" ,..; "'" a ,; bO '" ~ -~-- ~!:f ~E§e im I!:; IU!J ~H '.0->' ~!E u:~ g.~õ m~ 2 .. :;,;~".. I~¡¡¡ ;H~!i ~~'§.'" õ~22g 2".õë ~ Ilii :r1jE~ J~j ~ l~iE~ ¡Ii !I~b m~ 2..8"- h26 ~¡!¡ '" t:- ~ ",f ~ ?o '" < I~ ~~! ~vo ;~~ ~~~ .§" iß '" ¡¡¡ '3 "" " r:<: '" 1;; ,..., "' '" .. 0 "! ~ . ~ 0 z ~ ~ .. ~ .. 0 . ij! ¡~~L, m v02 ð ¡I: E t~: E !~; ~n ~,g; ~~Ji g '" N ~ 'm~m 00<;0 -o~ :¡iU~~ n.~~g: !i.<§~~ 10- o..~!i ,,;.°.8£~. ~§h~H ~0~0.2N "" ~ ð bl) '" < 8 ~,~ co' - "~ ,,":;: ~ ~ l!"ë :> ,g ~"ë ~ l! P c ~~:¡¡,~ 0 0 ~ u ~ ~~'õ;;:: ~ ~j¡c'õ ~ ~ 0 - .,-. 0. o.'~ ~ > 0. 0." "- .- ct ctctU~ ~ g .~ iß '" ¡¡¡ '3 "" " r:<: ~ H E-< U Š .. ~ " .3 ~ Zw:o.UI n o.'~. o~ - Ë:; ~g ~~ i~ .n iUt ,.; ,..:. Jmm- ;.~õo~~ ~2&~~~:: 6~."0. o~~~::::iiz I&EE~;::~ ~G~ñ e:;~"E'õ.,;", .~1!...~§p m:~~~;~ -:'l..~~~~~ mm~ ¡¡Eo~š=~ X d ~ Ii" .~ ... c o~ "Z 'ë ,~ ~ ã.. ~~ ~I oÖ ---=~~--~,~..-~~~~~- 416 Regular Session, August 4, 1975 10 Ihe d"."m, I. A-wo" 101, delloe' a' a lot locate' 01 the lote"e,tloo of Iwo " mo'e ~¡;::¡'o, 'i,i::",a~~:\',"ge o;OO:Id¡~:iíe~ "0 f,om 101 lIoe' ao lól"'o'ao.re~ at less iliao "!:~',~' g,ee,. Seelo"'ma,ked A (1) 10 the "ag"m. 2. B-Iolo,'" 101, detloed a' a 101 olhe, Ihooa,oooe' '"with oolV ooe "ootage oo,,',ee'. 3.C-lhooughlol,delloe'a,oI010the, Ihao a ,oooe, 101 wllh f,"ofoge 00 mo'e Ihao 000 ,',ee'. Th,ough '°'" obuttlog Iwo ""e'" m,v be ,efeooed to a, do"ble f,oolage '°"'. ,. o-,euened p,,"og 'p"e ,hall '°0"" of a 'pm ade,uote to, p,,"og ao ,ulomoblle with ,"om to' opeolog doo" 00 both "'e" logethe, with p,ope,ly ,elaled mess 10 a publIc ,t,eel °' alley Md maooumlog ,nom 0,...1". .ff. ,'m' pa,"og aulomoblle, ;;;"" -"oIe"o, aogle 1m moo '" oe. g,ee') 10 the geoml p'ftem 10 Ihe mo. A ,evened "oofoge 101 olav al,o be , wOO' 101 (A.O 10 the"ag,am),M Iote,'o"ol(B.D) o,a th,ough 101 (C.D). Mobile Home-, detached 'Iogle.lam. "V uolt with all 01 Ihe followlog ,hm'. le,IsII", 1. De"goed to, I 2. Óe,igoed 10 be ~I,,~",po,tea 'fIe, fob,',ot,oooolt,owowheel"o"'at. bed °' olhe, ',alle" °' defo,hable wheels. 3.A..lulogetlhe ,ltewhe'e It Is lobe muple' a' a dwell log ,omplele, 1"lu"og 0101°' appllaom eod fuml. tu,e, aM . ,hili be ,o",i"ed to allow maoufa'. lu,'og, 'ale, of mmheo",e to be 'e IIve'ed 00 the p,emlm, °' aov ofhe, u,e which Is 001 mlom"lIv '°",1 de,ed 00 "of",e" u,e. Rea' y,,'-See Ya", Rm Relu,e Dump-aov p,ope,tv u,ed to, the ,0Ile,lIoo, ,t...ge, °' ",p"ltloo ot waste, iuok °' ,mp Item, ot aov - "e ~v a,e' a' ao "ill mete oo",um. ff~v'1'¿;'[,,~~U$~;;;1~ :~I~hd\~~ p~¡~~~ pal actIvIty " the p,ov"'oo to p,l,oos b,Mage' ~~~~gf 5/',,~~e'0~J~~::-~:"-:;~0' oW~t~~:i ~- 417 Regular Session, August 4, 1975 01 humoo ,e,,"e, °' skill' of ape,. '°001, 1100""', edu,allooal, ,'en'al, admlol"""ve, " bu,'oess oatu'e, ~a~~~~r~;:h:? :~~~b:~e J;~i~~'~~Is".i. Se,,',e u,e, 1"lude u,e, defloed a, P,"le,"ooal Dffi,e U,e, 10 Ih!' °",. tó Ihi -,lioda,ds -aid p,""d~';ie' 01 A""'e VI of Ihl' °"'"'000. Ya,'-a ,equl,ed Opeq ,pa" olhe, thao a oou" which " uo","pled ao' uoob,l,u,te' bV aov ",u,tu,e °' po, 1100 the,eof f,om the oalu,al ",ouM Iml 10 the sky, except a' ofhe,w"e p,ovlded 10 Se,lIoo 3.1OS 01 thl, "" ~aao,~:' "ool-a va" "teq"og be. tweeq "'e lot lIoe",,"ss the f,oot of a lot adlololog a publIc "'eet. 10 Ihe ,a,e ot Ih,"ugh '°"', f,"01 va,', shall be 'equl,e' '" all f,oolage, 01 the lot. The depth of "qul,e' f,"ol ¡~~1:, ¡~a~ '~~alg,;;;a~,%e'io'~¡o..'r~i fo,emo,t polol, of the ,Ide lot lIoe,. The fo,emo" pololof the ,Ide lot 1100, 10 the me 01 ,"uMe' p,ope"v ,om e" at ,t,eet lol"'e,t",." shall be a",med to be the polot at which the "de aM "°01 lot lIoe' would have met without ,u,h ,"uo"og. ",o.t ood 'eo' ~?d; 101, ya,", but poly f,"01 aM ,Ide va',",!'.'. Depth of a ,equl'ed 'eo' va" ,hall be mea,u,ed 10 'u,h , 01000" that the Wd e,tabll,hed ',a ""pot the mlolm"m width ,equl,ed bV d"t"" ",""'alloos with "" looe' edge pmllel with the ,eo, lot lIoe. r.~'~é"S:1~;-~f t¡:'~eq::::~'fi~~t f;~;:: tothe,ea,'o'lloe,o",'he,b,e"eof ~rol":~'\~e'j~'"i~,~~:~t'1¡¿~e,:~ ',hoe te,,"dloo ot the lot lovolve' with the ro~~~I;,J:'~;:;d:"::¡' ¡:¡:03tf'::":;0~~: 'eo' lIoe, of t,"ot Y"d' ,equl,ed. 10 the ,m of come' 10"', va," ,emalo log ,fIe, lull aod hall.'epth "oot va,d, have beeo e,lahll,he' 'hall be ,ooslde,ed "de wds. Width of a ,equl,ed ,Ide va" 'hall be ~ea'u'ed 10 ,u,h a 010000' Ihal the va'd e,labll'hed " a ""p 01 the 01101. ~um width 'equloed bV ",t",t "'"u, lallooswlthlt",o"e'gepa,allelwlth Ihe "de lot lloe. Ya,d, 5p"I,I-a Wd behlo' aov ,e qul,e' W' adimol to , publIc "'eel. ,e,u"ed to pe"o,m th, $$me ,""lIoos a""deo","y"d.huladia,,oltoa 101 lIoe '° pla,e' °' o,'eqte' that oellh ~¡:?t ;~::;~]~~'~;k~~¡¡,:¡; ~~~ ,e,"lte a V"d with mlolm"m dlmeo "oosa",oe'ally,equl"dfo,a'lde va" °' , ,eo' ya'd 10 the """", ~:,t:r,:;,¿o~~g th'eh'~~,¡,~~" 01pr~: ~Ót ,~~ which the ya" " to be lo,at" to the a'iololog lot °' '°", with doe 'ega'd to the o"eolalloo '00 10,,1100 of ,t,u,. '"'" aod bull'able a,ea' the'eoo. ARTICLE XII-ADOPTION AND RE. PEAL 0' CONFLICTING ORDI. of 0",. 5""°" 12.101 - -- - oa"e P"",'oos Thl, ""oem ,hall be 10 fom ood el foot too (101 'av, f"m aod ,fie, It, 11001 pa"age, adoplloo, aM publIca. U,~70~; Pcit°š~~i10~v5'1O't,:~\er~l:h:,g\g 0000 ,egulollog Ihe pa,"og ao' ,to, ,ge of vehicle, with" "'ldeoll,1 ",. t",Is, which p,ov"'oos shall be 10 too,e aM effed beglool"g 00 JulV 1, 1976. Se,lIoo 12.1O2-Repeal of Co""""" O,dloeom Upoo the effedlve dale aM publl"lI," 01 this o"'",ooe, O,"oaooo No.3" ao' all ameodmeot, Ihe,eto ,hall be, ~~'!"e~h"", ',~mt~e h;~~~r t~~i rhi~e~~~~. oa"e,hall foil 1o be,ome efte,lIvefo, aoV ,eesoo wha"oev", O,"oaooo No. 3" and all am,"dmeot, the'efo ,",II "malo 10 full to"e aM effed. Passed, adopted ood 'pp"ve' thl, 4th dev 01 A"gu" 1975. t. Robe" J"tmaoo, May" Alvlo E. Luodh Emil Sfa,", Jame, E. 6'0", Dooa" R. Meye", Cou"ilmeo ATTE5T, Leo F. F,"mmelt, CIty Cle" H,,",.~~~"~:~"~,':~~;'¡~IN~edOT:':P't"'ph lembe,,1975. Leo F. Foommell, CIty Cle". It.9.9. Councilman Brady moved final adoption of the Ordinance. Sec- onded by Councilman Meyers. Carried by the following vote: Yea...--Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque County Democratic Central Com- mittee submitting a resolution wishing to go on record in ex- pressing thanks for the unselfish efforts of Representative Dyrland in helping to obtain 1.7 million dollars for Dubuque Waste Water Treatment Plant, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Brady. Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque Hu- man Rights Commission submitting minutes of their meeting of July 10, 1975, presented and read. Coun- cilman Stackis moved that the min- utes be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: 418 Regular Session, August 4, 1975 Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Youth Ser- vices Board of Directors advising of dismissal of a Board member due to illness and also presenting a name as a renewal of his posi- tion on the Board, presented and read. Councilman Stackis moved that the communication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Paul From- melt of 2525 St. Anne Drive rela- tive to the use of one block, street to Flora Park, is being used as a race track from St. Anne to Wil- bricht Lane by park patrons which is becoming extremely hazardous, presented and read. Councilman Stackis moved that the communi- cation be referred to the City Man- ager and the Traffic Department. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Jackson Rand Corporation, relative to an amount due from M. F. Goerdt Construc- tion Co., being $18,138.15, for work done on Cedar Street Lift Station, during November, 1974, presented and read. Councilman Stackis moved that the communication be referred to the City Manager and City Attorney. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Board of Dock Commissioners recommending the vacation of Tower Street contin- gent on wharfage fees being paid by Fischer Industries, and wharf- age agreement would be required for twenty-five years, presented and read. Joseph S. Pickett & Sons, Inc., sub- mitted a petition stating objections to the vacation of Tower Street. Councilman Lundh moved that the communication of the Dock Com- missioners be received and filed. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Teleprompter Cable TV, as an explanation for the request submitted to DOT for the construction of an underground conduit to service the Ramada Inn West, presented and read. Council- man Stackis moved that the com- munication be received and filed and City Clerk authorized to sign permit. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. Communication of DOT advising of the letting of a Safety Enhance- ment Project on U.S. 21, 61 and 151, from near Delaware east to Dubuque on July 22nd, part of which lies in Dubuque at Catfish Creek, being bridge approach guardrails, presented and read. Ma- yor Justmann moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Meyers, Stackis. Nays-None. July 29, 1975 Honorable Mayor and City Council A request has been received by the Electrical Department from A. H. Oeth for street lighting on Kehl Court. The area has been investigated by the Electrical Inspector and it is recommended that one 175 watt mercury vapor fixture be installed on Kehl Court (A. H. Oeth Subdi- vision), ten feet north of the prop- erty line between Lots 3 and 4. The standard and wiring are to be installed by the developer. Your approval of this installa- tion is requested. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the request be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ~~... July 31, 1975 Regular Session, August 4, 1975 419 Honorable Mayor and City Council Incorporating a personnel capa- bility within my office contem- plated personnel recruitment and referral assistance to operating de- partment heads as a major and integral part of the overall duties and responsibilities of that func- tion. It has proven to be so. As an ex- ample, over 1,300 employment ap- plications were processed in the last twelve months. Much valuable operating management time has been utilized to better advantage by having a central city employ- ment office. Present city employ- ment office personnel have famil- iarized themselves with the many city job requirements in order to better match needs with applicants. We accept employment applica- tions from all who visit our office for future openings. All of our job opening notices identify the City of Dubuque as the employer and are given wide distribution by many non-fee referral agencies, or- ganizations and news media. Addi- tionally, much special attention and knowledge is required on vari- ous federal or state funded posi- tions. Listing job openings with a fee payment requirement agency would obligate either the city or an ap- plicant to pay a sum of money for assistance in acquiring a public service job. With all due respect for the val- uable service that such an agency can and does render to smaller employers and professional busi- ness persons, it is my considered judgment that our present pro- cedure best serves the city's needs. In the event special job require- ments were considered beyond the expertise of my staff, we would consider this additional recruit- ment assistance and expense. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the present procedure be sustained by Council support. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 1, 1975 Honorable Mayor and Councilmen You may recall that the firm of Kintzinger, Kintzinger, Van Etten, Setter and King had made applica- tion for a permit to demolish the structure at 110-114 West 12 Street adjoining their law offices. The ap- plication was referred to the His- toric Preservation Advisory Com- mittee and a delegation of the Committee inspected those prem- ises on July 31st, and has reviewed the findings of the Comprehensive Historical Resources Survey of 1973. The Committee has found the structure at 110-114 West 12th Street is of no particular signifi- cance historically or architecturally and therefore has no objection to the issuance of a demolition per- mit. The Committee has also dis- cussed plans for a new building at that location and has requested an opportunity to meet with the own- er and his architect to review those plans as they are completed. The Committee is assured of the intentions of the owner to erect a replacement structure in har- mony with the significant architec- tural character of the adjoining building persently occupied by the law firm. Thank you for the opportunity to consider this matter. Dubuque Historic Preservation Advisory Committee C. George Biasi Chairman Mayor Justmann moved that the communication be received and filed and concur with findings by the Committee. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 33-75 An Ordinance Authorizing Louis Kortman to Construct One Motel Sign on a Single Post, Presented and read. Councilman Brady moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: 420 Regular Session, August 4, 1975 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken be dis- pensed with. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 33.75 AN ORDINANCE AUTHORIZING Lolli, Ka"m,n TO CONSTRUCT one Mo,,1 Sigo on , Single Po". NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" Loni, & Ramona Kmman " own'" of the p"ml", known " I-I-I-I-!-I-I-!-!-I-2 of Min",l Lot 12 In the City of Dnhnqne, low, he, and they "e hmby gtented the mac,ble p"mit and anthodty to ",n,"n" and main"ln one motel ,Ign on , ,Ingle po" °' pole und" the t"m, and ,ondidon' "t fo"h In thi, O,dlnan,e. SECTION 2. Th" ,u,h ,o"'t,""ion ,h,n be done in 'DCo,d,n,e with phn, h"eoofo" ,"bmitted by p"mit"", and 'ppmved by City Ma",ge" und" the ,"pml,ion ,nd dl",tion of the City Manag", ,nd In 'DCo,d,n" with an 'p- pli"ble "", ,nd fed",l l,w' and "gu- lotion" ,nd the O,dl",n", of the City of Dubuque. SECTION J. Th" the p"mi"ion hm- in gten"d I, exp""!, ",ndidoned on p"mi"", 'g"ement to, ,) A,,"me ,ny ,nd ,n li,bility for d,m'g" to pe"o", °' property whieh m,y ",ult from the "i"'n", lo"tion, i"",n,tion, ,0",ttu"lon oe main"",n" of "id ,Ign. b) To p'y on heh,lf of the City of Dubuque ,n ,rum whieh the City of Dubuque ,h,n heoome ohlig"ed to p'y hy ""on of the Ihbility Impo"d upon the City of Dubuque for damage, of any kind ,,"ulting fmm fhe 10"- tion, in",n"ion, "i,"n", ,on"ru,- tion oe m,lnton,nœ of "id ,ign, '"'- "ined by 'ny p",on 0' p",o"" "u"d by ",ident oe oth"wi", to defend" i" own "pen" and on beh,lf of ,old City any d,im 'gain" the City of Dubnque ,d,ing out of the lo,"ion, i"",n"ion, exi"en", ,onmu,don 0' m,in"n,n" of "id ,ign ,nd to pay ""on,ble mo,"ey fee, therefo" 'J To indemnify ,n" hold City of Du- buque free and !mmIe., from any and an dolm" 10", li,bility and expen" foe injud" to thi,d p",on, 0' dam- ag" 00 p,ope"y of third p",on" or fo, d,m'ge 00 any pmp"ty of City of Dubuque whkh m,y occur " a ro- ,ult of oe in ,onne,tion with rho 10- ",ion, in",n"ion, ,onmn,don, main- "n,n" and "polr of the fadlity, work or improvement p"mitted hmin. SECTION 4. Th" the p"mi"ion hm- In gtentod i, exp,e"Iy ,ondidoned npon p"mitt'" fntth" ag",ment th" ,hould the dght and pdvilege heroin gten"d be ,,"elnded or revoked by the City Conn- cil, p"mltt"" or their '"""""" in in- to"'t, " own'" of the abntting prope"y, ,h,n within ton (10) day, af"r re,eipt of wri",n noti" from the City Manager, '0 to do, " their own "pe",e, "move ,old ,ign, ,nd in the event of their foll- nro '0 to do, the City of Dnbnqne ,han be ,uthodzed to "move ,old ,ign, " p"- mitt'" expen" and dl,po" of the "me, and the permitto" ,han have no daim 'goln" the City oe i" agen" for d,m'g" ,emlting fmm the "mov,l of "id ,Ign. SECTION 5. Permit"" ,oven,nt and 'gree th" the "vo"b!e p"mit herein ,ten"d do" not """titute an 'pproval of the d"lgn, erection, lo",ion, ,on,"u,- tion, "p,i, or m,into",noe of "id fa- ,ility ,nd "id permit"e h"eby ,ownan" and ag"" not to ""rt ,u,h dolm or defe",e agah," the City of Dubuque in the event of d,im ""md for pe"onal injud" and-o, pmp"ty damage again" the p"mitt" ad,;ng out of or in any w,y ,onn""d with the loe"ion, in"an"ion, ,o"",,u,tion, de,ign, "pair and main"- nan" of the f"ility heroin permi",d. SECTION 6. Thi, Ordin,noe ,han be. come df"cive ,nd the righ" horounder a"'ue to Lolli, Kartm,n when thi, Or- din,nce h" b"n adopted by the City Coun,il ,nd the term, and condition, the"of ,ccepted by permitto" by ac"pt- ,n" endo",d on thi, Ordinan". P""d, 'ppmved and ,dopted thi, 4th d,y of Augu", 1975. C. Robert Jmtmann Mayor Alvin E, Lundh Emil S",Jri. Jam" E. Brady Do",!d R. Mey", Councilmen ATTEST, Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 33-75 The und",isned having ",d and heing familiar with ,he term, and ,onditio,," of Ordi",n" No. 33-75 hereby, fo, him- "If, hi, ,ucce,"o" or ",is"" " own" of the abutting property, ""pta the "me and ag"" to be bound by the 'on- dition' and ag"ementa thcrein ron"ined to be pedomed by pcrmitt"'. Dated S-I-75 Lolli, E, Kartman PropcrfY Owner Regular Session, August 4, 1975 421 Publi,hed offioi,ny in the Telegraph Herald New'p'per thl, 7th day of Augu" 1975. Leo F, Frommelt City Clerk It. 8-7 Councilman Brady moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Frank E. Miller and Delbert G. Miller requesting vaca- tion of a portion of Daniels Street from west line of Bies Drive to east line of Sylvan Drive, present- ed and read. Mayor Justmann moved that the petition be re- ferred to the Planning & Zoning Commission and the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Northwestern Bell requesting permission to excavate at 21st Street & Central Avenue to repair cable, presented and read. Mayor Justmann moved that the request be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. May 30, 1975 Honorable Mayor and City Council The construction of the City of Dubuque '1974 Concrete Paving with Integral Curb Project No.1, Tenth Street from Locust Street to Bluff Street and the Intersection of Ninth and Bluff Streets-Con- tract No.1, Traffic Signals and Signing has been substantially completed in accordance with plans and specifications by Moldt Electric Service, Inc. of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. FINAL ESTIMATE RESOLUTION NO. 289.75 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No.1 Tenth Street from Locust Street to Bluff Street and Intersec- tion of Ninth and Bluff Streets Contract No.1 Traffic Signals and Signing has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $36,462.92. That None of the cost thereof shall be assessable upon private property and $36,462.92 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop. tion of the resolution. Seconded by Councilman Stackiis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. (A Resolution Accepting Improvement) RESOLUTION NO. 290.75 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No.1 Tenth Street from Locust Street to Bluff Street and Inter- section of Ninth and Bluff Streets Contract No.1 Traffic Signals and Signing has been completed and the City Manager has examined the work and filed his certificate stat- 422 Regular Session, August 4, 1975 ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund upon the above described im- provement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following .vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. July 31, 1975 Honorable Mayor and City Council There are items appropriated in the budget period January 1, 1974- June 30, 1975 that were notac- quired. Certain of these appropriations we would propose reserving for ex- penditure in FY '76. An attached form gives a detailed breakdown by fund and item. We would, therefore, request your adoption of a resolution au- thorizing the use of these funds in FY '76. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-Noue. RESOLUTION NO, 291-75 A RESOLUTION transferring ap- propriated unexpended items from the budget period of January 1, 1974-June 30, 1975 to the FY '76 budget. WHEREAS, there were appro- priated amounts in the budget peri- od of January 1, 1974-June 30, 1975 which were not spent. WHEREAS, it is proposed that these amounts be carried forward into the FY '76 Budget Year. NOW, THEREFORE, Be IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the following appropriated but unspent amounts from the period January 1, 1974 - June 30, 1975 be carried forward into the FY '76 Budget Year. FUND General..................$13,200 Street ...................14,820 Road Use .......,........ 49,664 Public Safety............ 16,375 Sanitation ...............26,972 Sewage Rental........... 11,026 Dock ....................17,680 Library.... ............. 1,000 Recreation' . .. .. .. .. .. .... 9,OÓO Golf ..................". 5,340 Park ....................10,000 Parking.. ....;...,...... 4,500 Revenue Sharing .........176,531 Total.;.............$356,108 Passed, adopted and approved this 4th day of August, 1975. C, Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. July 31, 1975 Regular Session, August 4, 1975 423 Honorable Mayor and City Council Attached is a resolution amend- ing our Fiscal Year 1976 budget. This amendment is necessary to reflect commitments for purchase of Airport Crash Units for $123,823 and funds for Bicentennial of $10,000. Both of these items have been previously approved by Council but have not been official- ly appropriated. State Code stipu- lates that proposed amendments must be published and a public hearing held. Therefore, you are requested to set a date for a public hearing and to adopt a resolution authorizing the City Clerk to publish proposed amendments and date of public hearing. Francis A. Murray Assistant City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO, 292-15 A Resolution Authorizing the City Clerk to publi,h proposed amendments to the Fiscal Year 1976 Budget and Date of Public Hearing. WHEREAS, amendments are proposed to the FY '76 Budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that public hear- ing must be held on budget amend- ments. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of Dubuque, Iowa: That they hereby authorize the City Clerk to publish proposed amendments to the FY '76 Budget and date of public hearing. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution and setting Au- gust 25, 1975, at 7:30 o'clock P.M. in the Council Chamber at the City Hall as the date for public hearing. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to dispose of interest in real estate to-wit: North 'h and South '12 of the East 33 feet of Lot 1 of the Subdivision of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa, to Leo J. Kringle, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Just- mann moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO, 293-75 WHEREAS, pursuant to Resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on July 23, 1975, the City Council of the City of Dubuque, Iowa, met on the 4th day of August, 1975, at 7:30 o'clock P.M. (Central Daylight Time) in the City Council Cham- bers, City Hall, Dubuque, Iowa, to consider proposal to dispose of in- terest of the City of Dubuque, Iowa, in real estate, hereinafter described, to Leo J. Kringle; and WHEREAS, City Council of the City of Dubuque, Iowa, overruled and all objections, oral or written, to the proposal to dispose of in- terest of the City of Dubuque, Iowa, in the hereinafter described real estate to Leo J. Kringle: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the disposal of interest of the City of Dubuque, Iowa, in the following described real estate, to-wit: 424 Regular Session, August 4, 1975 The North 'h and South Yz of the East 33 feet of Lot 1 of the Subdivision of Lot 809 in A. McDaniel's Subdivision in the City of Dubuque, Iowa, to Leo J. Kringle, for the sum of nine hundred and fifty dollars ($950.00) and costs of publication and any platting costs, that no abstract of title will be furnished, conveyance will be by Quit Claim Deed and that the City of Du- buque, Iowa, will reserve unto it- self all easements for utilities, Section 2: That the City Clerk be and he is hereby directed and authorized to deliver deed of con- veyance conveying the above de- scribed real estate to Leo J. Krin- gle upon receipt of the purchase price in full. Section 3: That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOLUTION NO. 294.15 A resolution annexing certain property to the City of Dubuque, Iowa. Whereas, Mary R. Zimmerman, Dubuque County, Iowa, is the own- er of the following described proP- erty adjoining the City of Dubuque, Iowa to-wit: Lot 2 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 2 of lot 2 of Mineral Lot 483 in Table Mound Township, Dubuque Coun- ty, Iowa, subject to highway, as shown on Plat thereof, in Book of Plats #35, page 255, records of Dubuque County, Iowa. Whereas, said owner of the hereinabove described property has made written application to the City Council of Dubuque, Iowa to annex the hereinabove described property; and Whereas, said property is built on and the owners thereof will be enabled to secure the benefit of the City Government by way of Police and Fire Protection, water service and in addition thereto other benefits if said property is incorporated within the City Lim- its of the City of Dubuque, Iowa; and Whereas, 368.7 of the 1975 Code of Iowa authorizes the extension of City Limits in situations of this character by the adoption of a res- olution. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa are hereby extended by an- nexing to the City of Dubuque the following described property. Lot 2 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 2 of lot 2 of Mineral Lot 483 in Table Mound Township, Dubuque County, Iowa, subject to highway, as shown on Plat thereof, in Book of Plats #35, page 255, records of Dubuque County, Iowa. Section 2, That the City Clerk be and he is hereby directed to file in the office of the Dubuque County Recorder a certified copy of this resolution. Passed, adopted and approved this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO, 295-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of Regular Session, August 4, 1975 425 law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City, Ronald T. Amundson.Richard D. Winsor, Carnival Lounge, 253 Main Street Ced-Jo Wholesale Dist., Inc., Jun- nie's Sport Center, 2095 Kerper Blvd. Rita Clancy, Clancy's Silver Tap, 201 East 22nd St. Steven T. Schnee-Gene Sullivan, King of Clubs, 1902 Central Ave. Phillip R. Love, Finale Lounge, 1701 Central Avenue Denny Manahl, 3201 Central Ave- nue Karl P. Ricketts, Beanies, 1400 Central Avenue Gene Kopp, The Downtowner, 951 Main Street Max Rettenberger, 960 Dodge Street Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 296,75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT St. Columbkille's Church, 1240 Rush Street (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 297.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE, SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to canse to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT St. Columbkille's Church, 1240 Rush Street (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh 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. 298.75 WHEREAS, applications for Beer Permits have been submitted to Regular Session, August 4, 1975 Regular Session, August 4, 1975 426 427 Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution, Seconded by Councilman Lundh. Carried by the following vote: Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 300,15 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Sally Josephine Roy, 400 Central Avenue Pete S. Sfikas, 401-405 Central Ave- nue (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Donald R, Meyers Councilmen this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City, CLASS "B" BEER PERMIT Dubuque Jaycees, 3rd Street Ex- tension, City Harbor (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E, Brady Donald R. Meyers Councilmen . . NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Sally Josephine Roy, 400 Central Avenue Pete S. Sfikas, 401-405 Central Ave- nue (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen piring 7-30-81, replacing Doris Rie- kena; and Paul Healey reappointed to the Youth Services Board of Directors. Councilman Meyers moved ratification of the appoint- ments and recommended a letter of recognition be sent to Doris Rie- kena. Secònded by. Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 302-75 Confirming the Appointment of Members of the Low-Rent Hous- ing Commission of the City of Dubuque, Iowa WHEREAS, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 244-70, electing to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board ]¡y said City Councl1; and WHEREAS, on the 1st day of February, 1971, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 36-71 amending said Resolution No. 244- 70 increasing said Board of Com- missioners from five to seven mem- bers; and WHEREAS, the Mayor of the City of Dubuque, pursuant to said Resolution No. 244.70 and to Res- olution No. 36-71 has appointed members to the Low-Rent Housing Commission of the City of Du- buque; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the action of the Mayor of the City of Dubuque, Iowa in appointing: David R. Bisenius, 1203 Grove Ter- race, Dubuque, Iowa Doris M. Hingtgen, 1292 Curtis Street, Dubuque, Iowa Joan Sheldon, 1072% Locust St., Dubuque,. Iowa William J. Watters, 3078 Kane Court, Dubuque, Iowa as Commissioners of the Low-Rent Housing Commission of the City of Dubuque, Iowa, isher~by ap- Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. At 10:40 P.M., Mayor Justmann moved to go into Executive Session to discuss appointments to various Boards and Commissions and per- sonnel. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Council reconvened in Regular Session at 11:14 P.M. Mayor Just- mann announced the following ap- pointments: Advisory Commission -Helen Spielman, Merlyn C. Pierce, James Esmoil and Kerin Moldenhauer; Playground & Rec- reation Commission-William Fol- ger, for a 3 year term expiring 7- 5-78, replacing Mrs. O'Brien; Li- brary Board-Wesley Schlotzhauer for the unexpired term of Dr. Sam Calian, expiring 7-1.79; Low-Rent Housing Commission-David R. Bi- senius, Chairman, Doris M. Hing- ten, and Joan Sheldon, all for 2 year term expiring 8-17-77, and William J. Watters for the unex- pired term of Donald R. Meyers, expiring 8-17-76; Transit Board- Janet Jones, for a 6 year term ex- Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays-None. RESOLUTION NO. 299-15 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Jaycees, 3rd Street Extension, City Harbor (also Sunday Sales) Passed, adopted and approved this 4th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E, Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 301-75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, 428 Regular Session, August 4, 1975 Special Session, August 11, 1975 429 CITY COUNCIL proved and the appointment of said Commissioners is hereby con- firmed by this City Council for the period designated in the Cer- tificate of Appointment of Com- missioners now on file in the of- fice of the City Clerk. Passed, approved and adopted this 4th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen OFFICIAL Special Session, August 11, 1975. Council met at 7:30 P,M, (C.D,T.) Present - Mayor Justmann, Councilmen Brady, Lundh, Myers, Stackis. City Manager Gilbert 0, Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is called for the PURPOSE OF ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THIS MEETING. Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. There being no further business, Councilman Lundh moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None, Leo F. Frommelt City Clerk Verbal report from Coast Guard Commander Campbell relative to proposed canoe trip honoring Jean Marie Cardinal was presented. Commander Campbell explained some of the difficulties involved for the proposed trip and also stat- ed an application must be made with State and Coast Guard for consideration prior to planned ac- tivities. Councilman Lundh moved that the information be referred to the Bicentennial Committee for official sanction and proper coordi- nation. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Playground & Recreation Commission submitting minutes of their meeting of July 14, 1975, presented and read. Coun- cilman Lundh moved that the min- utes be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communications of City Assessor submitting stipulations agreed up- on in the protest of assessments of real estate for N. W. Mutual Life (Penney's Store), Asbury Square Inc., and Pillsbury Company, as ordered by District Court, pre- sented and read. Councilman Stack- is moved that the communications be received and filed. Seconded by Approved ......,......................,......1975. Adopted ..............,....,...,...........,..1975. ............................................................ ................".......................................... ............................................................ ................."......................................... """""""""""""""'c;;-~'~~ii;;;-~-;;""'" Attest: ...............................,...-....................... City Clerk Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Joe Helling expressing thanks and credit to the Engineering Department for the construction of Paul Street which is part of the City's 1975 As- phalt Paving Program, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None, Communication of Dubuque County Bicentennial Commission extending an invitation to attend the City of Asbury Bicentennial Flag presentation ceremony on August 21, 1975, at 7:30 P.M., pre- sented and read. Councilman Stack- is moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque County Department of Social Ser- vices inviting Council to the third in a series of public hearings de- voted to the establishment of a social service system as provided by the Federal Government on August 15, 1975, at 9:30 A.M. at Central Fire Headquarters, pre- sented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of East Central Intergovernmental Ass'n. advising of an Iowa DOT hearing at 6:00 P.M. August 20, 1975, as Maquo- keta, to submit a review of cur- rent projects planned for our area, presented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- 430 Special Session, August 11, 1975 onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Mayor Just- mann submitting the following items for Council consideration: (1) determine position of Council reo presenting fractional mill bond ref- erendum levy for support of Du- buque symphony orchestra (2) Re- quest drawings be prepared for re- construction of Madison street steps (3) Request Council exempt from sign painting requirements outlined in city ordinance, resi- dents who paint walls (outside) with non-advertising visual art (4) Request that the Julien Du- buque bridge be painted red, white and blue, presented and read. Councilman Meyers moved to suspend the rules in order to let anyone present respond to Coun- cilman Justmann's suggestions. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Mr. Dave Gilchrist, Donna Sue Peck and JoAnn Smith addressed the Council in behalf of the needs of the Dubuque Symphony. They have been able to pay their players however the inflationary trends in the country at the present time do effect contributions. The group also made it clear that the Du- buque Symphony and summer groups from the area are two sep- arate groups. It was explained to the symphony representatives what they could do in the line of getting up a petition in the event they would wish to be placed on the bal- lot at the upcoming election. Mayor Justmann moved that the matter of reconstructing the Madi- son Park steps be referred to the City Manager's office for recom- mendation and report and how to accomplish the task, Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen ¡:¡rady, Lundh, Meyers, Stackis. Nays-None. Councilman Brady moved that on the subject of painting the Julien Dubuque bridge a resolution be drawn up indicating that the bridge is in bad need of paint and recommend it be painted red, white and blue. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-Councilman Meyers. Communication of Neil O. Han- son pertaining to storage of rec- reational vehicles on private drive- ways, how it would affect his par- ticular case at corner of St. John Drive & Hillcrest Road, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays~None. Proof of Publication, certified to by the Publisher, of receipts and expenditures, also list of claims paid for the month of June, 1975, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers; Stackis. Nays-None. August 4, 1975 Honorable Mayor and City Council The Office of Revenue Sharing each year requires the recipient governmental unit of revenue shar- ing funds to submit a report iden- tifying how revenue sharing funds were expended. By September 1 of this year the Office of Revenue Sharing requires that we report to them use of revenue sharing for the period July 1, 1974 to June 30, 1975. Attached is a copy of the report that we will be submitting to the Office of Revenue Sharing. This report must be published in the local newspaper for the benefit of the citizens of the community. The expenses reflected in the re- port are funds obligated by appro- priation in the period July 1, 1974 to June 30, 1975. Revenue Sharing funds appropriated prior to July Special Session, August 11, 1975 431 1, 1974 but spent in the last half of 1974 or first half of 1975 are not reflected in this report. There- fore the report does not account for total revenue sharing expenses of $1,475,719 in the period July 1, ~974-June 30, 1975. You are requested to authorize the City Manager to sign this re- port and to direct the City Clerk to publish in the local newspaper. After publication, the report will be forwarded to the Office of Rev- enue Sharing. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed and request be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. July 30, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of BUS OPERATORS on July 29, 1975. The following named applicants passed the written examination and are hereby certified for ap- pointment. Hendricks, Terry P. ....... .92% Rieckens, James R. ........ .92% Birkbeck, Gerald W. .......90% Pauley, Charles M. ........ .90% Nicol, Gary A. .............86%' Carpenter, Richard L. ..... .84% Specht, Francis L. ........ ..84% Egelhof, Robert J. ..........82% Ruh, John C. ..............82% Kraus, DonaldJ. ............80% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of BUILDING INSPECTOR I on July 29, 1975. The following named applicants passed the written examination and are hereby certified for ap- pointment. Zenner, Edward C. .........79% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Justmann, Car- ried by the following vote: Yeas - Mayor Justmann, Coun- ilmen Brady, Lundh, Meyers, Stackis. Nays-None. Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of HEATING INSPECTOR I, (Heating, Ventilating, Refrigeration) on July 29, 1975. The following named applicants passed the written examination and are hereby certified for appoint- ment. NONE Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk 432 Special Session, August 11, 1975 Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Públic Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas -- Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, StacJds. Nays-None. Communication of traffic Com- mittee submitting a petition from the residents of KeyWay Drive, which has been taken under ad- visement and expectation of a re- port shortly, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 7, 1975 Honorable Mayor and Members of the City Council: I have approved the General Lia- bility Policy No. ICC 887022 issued to Louis Buechel, Heating & Plumbing Contractor, for the peri- od from August 25, 1975 to August 25, 1976, which has been approved for filing by the City Solicitor. We wish to have your approval of same. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Cleon Ehlin- ger, in the amount of $163.05, for car damage incurred as the result of driving into a dip in the street at 11th & Iowa Street on August 7, 1975, presented and read. Coun- cilman Lundh moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- ilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Human Rights Director Lorenz, requesting adop- tion of an amendment repealing Section 303 of the Human Rights Ordinance to include judicial re- view, presented and read. Council- man Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 34.75 An Ordinance Repealing Section 303 of Ordinance No. 61-71 known as "Dubuque Human Right, Ordinance" and Enacting a new Section 303 in lieu there- of to provide for judicial reo view-enforcement, Presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Second. ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Meyers moved that the rule requiring an ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council. man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO, 34-15 AN ORDINANCE REPEALING SECTION 303 OF ORDINANCE NO. 61-71 KNOWN AS "DU. BUQUE HUMAN RIGHTS ORDI. NANCE" AND ENACTING A NEW SECTION 303 IN LIEU THEREOF TO PROVIDE FOR JU- DICIAL REVIEW-ENFORCEMENT NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1, Tb" Ordin,nee No, 61. 71 known" rbe Dubuque Hun"n Rigb.. Special Session, August 11, 1975 429 CITY COUNCIL OFFICIAL Special Session, August 11, 1975. Council met at 7:30 P,M, (C.D.T,) Present - Mayor Justmann, Councilmen Brady, Lundh, Myers, Stackis. City Manager Gilbert 0, Chavenelle, Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is called for the PURPOSE OF ACTING UPON SUCH BUSI- NESS AS MAY PROPERLY COME BEFORE THIS MEETING. Verbal report from Coast Guard Commander Campbell relative to proposed canoe trip honoring Jean Marie Cardinal was presented. Commander Campbell explained some of the difficulties involved for the proposed trip and also stat. ed an application must be made with State and Coast Guard for consideration prior to planned ac- tivities. Councilman Lundh moved that the information be referred to the Bicentennial Committee for official sanction and proper coordi- nation. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Playground & Recreation Commission submitting minutes of their meeting of July 14, 1975, presented and read. Coun- cilman Lundh moved that the min- utes be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communications of City Assessor submitting stipulations agreed up- on in the protest of assessments of real estate for N. W. Mutual Life (Penney's Store), Asbury Square Inc., and Pillsbury Company, as ordered by District Court, pre- sented and read. Councilman Stack- is moved that the communications be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Joe Helling expressing thanks and credit to the Engineering Department for the construction of Paul Street which is part of the City's 1975 As- phalt Paving Program, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque County Bicentennial Commission extending an invitation to attend the City of Asbury Bicentennial Flag presentation ceremony on August 21, 1975, at 7:30 P.M., pre- sented and read. Councilman Stack- is moved that the communication be received and filed. Seconded by Councilman Lundh. Carried .by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque County Department of Social Ser- vices inviting Council to the third in a series of public hearings de- voted to the establishment of a social service system as provided by the Federal Government on August 15, 1975, at 9:30 A.M. at Central Fire Headquarters, pre- sented and read. Councilman Stackis moved that the communi. cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of East Central Intergovernmental Ass'n. advising of an Iowa DOT hearing at 6:00 P.M. August 20, 1975, as Maquo- keta, to submit a review of cur- rent projects planned for our area, presented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- 430 Special Session, August 11, 197:) onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Mayor Just- mann submitting the following items for Council consideration: (1) determine position of Council reo presenting fractional mill bond ref- erendum levy for support of Du- buque symphony orchestra (2) Re- quest drawings be prepared for re- construction of Madison street steps (3) Request Council exempt from sign painting requirements outlined in city ordinance, resi- dents who paint walls (outside) with non-advertising visual art (4) Request that the Julien Du- buque bridge be painted red, white and blue, presented and read. Councilman Meyers moved to suspend the rules in order to let anyone present respond to Coun- cilman Justmann's suggestions. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Mr. Dave Gilchrist, Donna Sue Peck and JoAnn Smith addressed the Council in behalf of the needs of the Dubuque Symphony. They have been able to pay their players ~~:~~~~t~e a~n~~a:i~~:::n;r~:: á~ I effect contributions. The group also made it clear that the Du- buque Symphony and summer groups from the area are two sep- arate groups. II was explained to the symphony representatives what they could do in the line of getting up a petition in the event they would wish to be placed on the bal- lot at the upcoming election. Mayor Justmann moved that the matter of reconstructing the Madi- son Park steps be referred to the City Manager's office for recom- mendation and report and how to accomplish the task. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Brady moved that on the subject of painting the Julien Dubuque bridge a resolution be drawn up indicating that the bridge is in bad need of paint and recommend it be painted red, white and blue. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-Councilman Meyers. Communication of Neil O. Han- son pertaining to storage of rec- reational vehicles on private drive- ways, how it would affect his par- ticular case at corner of St. John Drive & Hillcrest Road, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of publication, certified to by the Publisher, of receipts and expenditures, also list of claims paid for the month of June, 1975, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 4, 1975 Honorable Mayor and City Council The Office of Revenue Sharing each year requires the recipient governmental unit of revenue shar- ing funds to submit a report iden- tifying how revenue sharing funds were expended. By September 1 of this year the Office of Revenue Sharing requires that we report to them use of revenue sharing for the period July 1, 1974 to June 30, 1975, Attached is a copy of the report that we will be submitting to the Office of Revenue Sharing. This report must be published in the local newspaper for the benefit of the citizens of the community. The expenses reflected in the re- port are funds obligated by appro- priation in the period July 1, 1974 to June 30, 1975. Revenue Sharing funds appropriated prior to July >-'" ,_. c' ~_._."._.~ ~_. " M Special Session, August 11, 1975 431 record. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays-None. Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of BUILDING INSPECTOR I on July 2Q, 1975. The following named applicants passed the written examination and are hereby certified for ap- pointment. Zenner, Edward C. .........79% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission 1, 1974 but spent in the last half of 1974 or first half of 1975 are not reflected in this report. There- fore the report does not account for total revenue sharing expenses of $1,475,719 in the pcriod July 1, 1974.June 30, 1975. You are requested to authorize the City Manager to sign this re- port and to direct the City Clerk to publish in the local newspaper. After publication, the report will be forwarded to the Office of Rev- enue Sharing. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed and request be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. July 30, 1975 Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of BUS OPERATORS on July 29, 1975. The following named applicants passed the written examination and are hereby certified for ap- pointment. Hendricks, Terry P. ....... .92% Rieckens, James R. ""'" ..92% Birkbeck, Gerald W. ...... .90% Pauley, Charles M. .........90% Nicol, Gary A, .............86%- Carpenter, Richard L. ..... .84% Specht, Francis L. ..........84%- Egelhof, Robert J. ........ ..82%- Ruh, John C. ..............82% Kraus, DonaldJ. ............80% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- ilmen Brady, Lundh, Meyers, Stackis. Nays-None. Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 400 of the 1975 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of HEATING INSPECTOR I, (Heating, Ventilating, Refrigeration) on July 29, 1975. The following named applicants passed the written examination and are hereby certified for appoint- ment. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of NONE Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission Attest: Leo F. Frommelt Clerk ,,"._"~'_-_._"_.,.._."- ...".,. ," ..'"-- ,_.«, Special Session, August 11, 1975 433 Special Session, August 11, 1975 432 O,dinonce be ,nd the "me is h"eby 'mended by ,ep"ling Se"ion 303 the"of ond en"ting , new Section 303 thmof .. follow" "SECTION 303, JUDICIAL REVIEW- ENFORCEMENT. 1. Judici,1 miew of the "tion, of the ODmmi"ion may be sought io ,cco,d,nce with the t"ms of the low, ,dmini""tivc pmced",e A". Notwith",nding the te'ms of "id A", petition fo, judici,l miew may be filed in the Di"dct Cou" in which an enfo'tement pmcteding und" I ..b"cdon 2 may be bmught. 2. The commi"ion m,y obuio ,n o,d" I of Cou" fo, the eufomment of com. mi"ion o,d", in , p,octeding .. p,ovided in ti>is "ction. Such an enfomment pm. ceeding '¡"ll be b,ought in the Di"ti" Cou" of the dimi" in the county in which the ,lleged di,cdmin"o,y 0' un. f",e p"'tice which is the ,ubject of ,he comm..,iou's o,d" w.. committed, oe in which any "spondent "qui"d iu the or. d" ro ce", or d"i" from a d;,ctimina- tory or unfair prattico or to uke orh" affi'm,tive "tion, r"id", or tran"", bu,in"s, 3. Such an enfo'temeut pmceeding shall be initi"od by the filing of a pe- rition in ,uch ,Cou" ,nd the service of a copy thmof npon the "spondent. Th"e- npon the commi"ion shall file with the Cou" , enn"dpr of the "ODrd of the hming btf",e it. The cou" shall hm pow" to granr such tempomy rdief or ""raining o,dcr .. it dtem' jute ond pmp", ,nd to make and ent" upon the pl"ding', te"imony, ,nd proctediug, oct for in such tran"dpt an ord" enfming, modifying, and enforcing.. '0 modified, 0' "tring ..ide the ord" of the commis. sion, in whole oe in part. 4, An objection th" h.. not bten urged before the commi"ion shall not be con. ,idmd by the Co",t in an enfo'temenr pmcteding unl", the. failu" or neglect to u'ge such objection shall be <xcu"d be. cau" of cxcraordinary circum",nces. 5. Any parry to the enfo'tement pro-- cteding m'y move the Court to remit the ca" to the commi"ion iu the intm,ts of ju"ice for the purpo" of adducing addi- tional specified and m"edal evidence and "eking findings the"of, p,oviding such patty shall show re..onoble geounds for the f",lu" to ,dduOt such evidence be. Íúre the commi"ion. 6. In the enfo'temeur proOteding the Cou" sh,ll dcc"mine its oed" on the ..me b..is as it would in a procteding ,,- viewing commi..ion "tion undcc "ction 17A.19, snb"ction 8,1975 Code of Iowa. 7. The commi"ion', copy of the te,ti- mony shall be avai¡'ble to all patti" fo, examinarion " all e"son,ble times, with- ont co", ,nd fo, the p"'po" of jndicial miew of the commi"ion's o,d",. 8. The commi"ion may app'" in Conrt by its own ateoeney. 9. Petitions filed nnd" this "ction ahall be hmd expedition'¡y and dete,- mined upon the tran"tipt filed without "qui"ment f", pdnting. I 10. If no pmcteding to obtain judicial I ",iew is in"itu"d within thirty daya £Com the smice of an o,de, of the com- mi"ion und" section 301 hmof the commi"ion may obuin an oed" of the Court fo, the enfmement of such ",de' upon showing th" "spondent is subject to the judsdiction of the comm;"ion and ",ides '" t"ns"ts bu,ine" within the county in which the petition foe enfom- ment is bmught." "",ed, app,ovcd and adopted this 11 th day of Augmt, 1975. C. Rob", Ju"mann Mayo, Alviu E. Lundh Emil Suckis Jam" E Brady Donold R. Mcy", Councilmen Yeas - Mayor Justmann, Coun- ilmen Brady, Lundh, Meyers, Stackis. Nays-None, Communication of Human Rights Director Lorenz, requesting adop- tion of an amendment repealing Section 303 of the Human Rights Ordinance to include judicial re- view, presented and read. Council- man Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays-None. ORDINANCE NO. 34-75 Subscribed and sworn to before me this 4th day of August, 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Mayor Justmann. Car. ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of traffic Com- mittee submitting a petition from the residents of KeyWay Drive, which has been taken under ad- visement and expectation of a re- port shortly, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. I ATTEST, Loo F, Fmmmdt City Cleek Published offici,lly in the Telegraph H"ald Newsp'p" thi, 14th day of Au- gu" 1974. An Ordinance Repealing Section 303 of Ordinance No, 61.11 known as "Dubuque Human Rights Ordinance" and Enacting a new Section 303 in lieu there- of to provide for judicial re, view-enforcement, Presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Meyers moved that the rule requiring an ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 34.15 AN ORDINANCE REPEALING SECTION 303 OF ORDINANCE NO. 61-71 KNOWN AS "DU- BUQUE HUMAN RIGHTS ORDI- NANCE" AND ENACTING A NEW SECTION 303 IN LIEU THEREOF TO PROVIDE FOR JU- DICIAL REVIEW -ENFORCEMENT NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION ¡, That O,dinance No. 61. 71 known" the Dubuque Human Rights Loo F. Fmmmelt City CI"k It. 8-14 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO, 35.75 An Ordinance Amending Ordi, nance No. 37.65 known as the "Street Parking Meter Ordi- nance of Dubuque, Iowa," by repealing Subsection 6.2,9 of Section 6.2 Parking Meter Dis- trict B thereof and enacting a new Subsection 6.2.9 to Section 6,2 of Parking Meter District B in lieu thereof to limit parking to 120 minutes at anyone time on Fourth Street, both sides, be- tween White Street and Central Avenue and South Side between Central Avenue and Iowa Street and both sides between Iowa Street and Locust Street, pre. sented and read. Mayor Justmann moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 7, 1975 Honorable Mayor and Members of the City Council: I have approved the General Lia- bility Policy No. ICC 887022 issued to Louis Buechel, Heating & Plumbing Contractor, for the peri- od from August 25, 1975 to August 25, 1976, which has been approved for filing by the City Solicitor. We wish to have your approval of same. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Cleon Ehlin- ger, in the amount of $163.05, for car damage incurred as the result of driving into a dip in the street at 11th & Iowa Street on August 7, 1975, presented and read. Coun- cilman Lundh moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Just- mann. Carried by the following vote: 434 Special Session, August 11, 1975 Mayor Justmann. moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 35.75 AN ORDINANCE AMENDING ORDINANCE NO, 37-65 KNOWN AS THE "STREET PARKING ME- TER ORDINANCE OF DUBUQUE, IOWA", BY REPEALING SUBSEC- TION 6.2.9 OF SECTION 6.2 PARKING METER DISTRICT B THEREOF AND ENACTING A NEW SUBSECTION 6,2.9 TO SEC- TION 6.2 OF PARKING METER DISTRICT B .IN LIEU THEREOF TO LIMIT PARKING TO 120 MIN- UTES AT ANY ONE TIME ON FOURTH STREET, BOTH SIDES, BETWEEN WHITE STREET AND CENTRAL A VENUE AND SOUTH SIDE BETWEEN CENTRAL AVE- NUE AND IOWA STREET AND BOTH SIDES BETWEEN IOWA STREET AND LOCUST STREET, NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 10 Tho< Ordinonc, No. 37- 65 known" th, "Sm" P"king M"., Ordin,nce of Dubuqu" Iowa" b, and th, ..me ¡, hmby ameud,d by otp,,¡¡ng Sub- ,oetion 6.2,9 of s,ctiou 6.2 P"king M"., Dimict B in ¡¡,u th",of " fnllom: "6.2 P"king M"., Di",;ct B 6.2.9 Fou"h Smet, both ,ideo, b,- tw"n White Stmt and C,n",l Aveuue and ",uth .ide b"w"n Cenotal Av,nue and Iowa Sm" and both ,ideo b"""n Iowa Sot", and Locust Stot"." Pa",d, ,doptod and approved thi, urh day of Augu", 1975. C. Robe" Ju,rmann Maynr Alvin E. Lundh En.,l Stacki, Jame, E. Brady Don,ld R, M,yers Coundlmen ATTEST, L,o F. Frommolr City Cl.,k Pub¡¡.h,d o!fic¡'lly in th, T,l'graph Herold N,w'p'p" thi, 14rh day uf Au- gu" 1975. Leo F. Frommolr Ciry Clerk It, 8-14 Mayor Justmann moved final adoption of the Ordinance, Sec- onded by Councilman Lundh, Car. ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Rick Donath request- ing an opportunity to purchase Lot 130 in Lennox Subdivision, located on Missouri Street, presented and read. Mayor Justmann moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Walter Pregler et al (76 signers) requesting the rein- statement of bus service on Shiras Avenue, presented and read. Coun- cilman Meyers moved that the pe- tition be referred to the Transit Authority. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Meyers further moved that the City Solicitor be directed to draw up a resolution for the Transit Authority stating their meetings be called on a monthly basis with fixed day, time and place. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Kopper-Powers Ford Inc., requesting to hook up to the City sewer system as the result of inadequate operation of their pres- ent septic tank, presented and read. Councilman Lundh moved that the petition be referred to the City Manager for investigation and reo port. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Sister Kenney Insti- tute requesting permission to con- duct their annual door to door Special Session, August 11, 1975 435 drive in November to solicit funds, presented and read. Mayor Just- mann moved that the petition be approved subject to coordination of the City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Dubuque Commuuity School District requesting permis- sion to use an aerial display of fireworks for September 19, 1975, presented and read. Mayor Just- mann moved that the petition be referred to the City Manager. Sec. onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Dubuque TV Advis- ory Commission, requesting clarifi- cation of Ordinance No. 8-75, whether or not a Commercial Rate can be properly charged although not specifically authorized, pre- sented and read. Councilman Lundh moved that the petition be referred to the City Manager and City Solicitor for amendment to the Ordinance for a specific com. mercial rate. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas -Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-Councilman Brady. August 7, 1975 Honorable Mayor and City Council Enclosed find our 1974 and first six months of 1975 Street Finance Report which includes all income and expenditures for street pur- poses. The first column contains the en- tire Road Use Tax accounting which includes construction, road maintenance, snow removal and street cleaning. The second column consists of street fund accounts derived main- ly from property taxes and assess- ments paid by residents within thirty days of the levy for street paving projects. The third column accounts for all other funds contributing to street related expenditures, such as street lighting, street storm sewer clean. ing and traffie signal lighting and maintenance. The total expenditure for street related purposes this year is $2,924,774. The report also includes a park- ing report showing all parking in- come and expenses. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays-None. RESOLUTION NO. 303-75 Resolution Approving Official Report of Municipality for Mu- nicipal Streets and Parking for 1974 and the first six months of 1975. WHEREAS, an official report of municipality expenditures and re- ceipts in 1974 "and the first six months of 1975 for municipal Streets and parking. facilities in the City of Dubuque, Iowa has been duly prepared as required by Chapter 312 Road Use Tax Ac- count, Code of Iowa, and submitted to the City Council for approval; and WHEREAS, the City Council has examined the official report of the City of Dubuque, Iowa for its streets and parking facilities from January 1, 1974 to June 30, 1975, wherein receipts and expen. ditures are shown for 1974 and the first six months of 1975, along with a street bond listing supple- ment. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the official report of the City of Dubuque, Iowa for its streets and parking facilities from January 1, 1974 to June 30, 1975 be and the same is hereby ap- proved. --- 436 Attest: Leo F. Frommelt City Clerk Special Session, August 11, 1975 Special Session, August 11, 1975 433 Passed, adopted and approved this 11th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 304.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John R. Hirsch, 206 West Third Street Melvin A. Spiegelhalter, 1029'" Main Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 305.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT John Peter Frangos, The Iron Ket- tle Deli, 1236 Iowa Street (also Sunday Sales) Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen O"ün,neo b, ,nd th, "m, I, hmby ,mend,d by "'p"Hng S"don 303 thmof I Md ,n"dng 0 n,w S'cdon 303 thmof " I follow", "SECTION 303, JUDICIAL REVIEW- ENFORCEMENT. I 1. Judklol œvlew of d" "tio", of th, comml"lou m,y b, ,ought lu motdonce wIth th, te"m of th, low, ,dmlnl"',dve ptocodu" A". Notwlth",ndlng the t"m, of ,,;d Act, p,ddon fot indldol œvi,w m,y b, fil,d In the Di",kt Con" in which 'n ,nfoteom,nt p,"coeding und" ,"b"cdon 2 m,y b, btonght. 2. The commi"ion m,y obtoin ,n otd" of Con" fot th, ,nfomment of com- mi"lon otd", in , p,"mding " ptovid,d In thl, secdon. Such ,n enfotCement ptO- ccedlng ,h,ll b, btought in th, Di"d" Con" of the dl",kt in th, couuty in whkh th, ,ll'ged di"dmin"oty ,>< nn- f,;t pmd" whkh I, th, ,ub¡"t of th, comml"lon', otd" w" commlt"d, Ot In whkh MY "'pondent tequi"d in the ot- dOt to "'" Ot d"l" !tom, dioedmin,- tOty Ot nnf,;t pmtic, Ot to tok, oth" ofH".odve "don, t"ld", Ot """", bu,ine", 3. Such ,u ,ufomment proco,ding ,h,ll b, luitb"d by the HHng of , pe- tition In 'uch Cou" ,nd th, ,mice of , copy thmof upon th, te'pondont. Thm- upon th, commi"lon ,h,ll m, with the Con" , t"noedpt of the "cotd of the he,dng befo" it. The Cou" ,h,ll hm pow" to g"ut ,uch "mpo",y "Htf Ot """Iuing otdet " It de'm, iu" ,nd ptOpet, 'nd to m,k, ,nd ont" UpOn th, pleodlng" te"lmony, ",d ptoccedlng, set fot In ouch t,,",cdpt '" otd" ,nfotdng, modifyIng, ,nd enfotdng " '0 modiH,d, Ot setting "id, th, otd" of th, commi,- ,ion, In whole Ot In pm. 4. An objtedon th" h" not been utg,d befo" th, commi"lon ,holl not b, con- ,Id",d by the Cou" In ,n ,nfotcom,nt ptoce,dlng unIe" the foilute Ot n'gltet to ntg, ,uch objtedon ,h,ll b, "cu"d be- co.., of "",otdln,,y dtCum"onc". ,. Any p",y to th, ,nfomm,nt pro- ceeding moy move th, Cou" to temit th, cose to the comml"lon in th, intm", of ju"ice fot th, pUtpO" of ,dducing ,ddl- dou,l 'pteiH,d ,nd m",dol ,videuco oud "ekiug findIng, thmof, ptovldlng ,uch potty ,holl ,how ""ou,bl, gtOuud, fot th, foilute to ,ddueo ,uch ,videnco be- fote th, comml"lou. 6. Iu the eufotC,m,nt ptoccediug the Cou" ,h,ll detetmlu, I" otd" on th, "m, b,,¡, " It wonld in , ptocceding te- vIewing comml"lon "don und" secdon 17A.19, ,"b"cdon 8,1971 Cod, of low,. 7. Th, commi"ion', copy of th, te"i- mony ,holl be ov,;bbl, to ,ll p",ie, fot "'min"lon " ,ll "',on,ble dm", with- out coot, ",d fot the putpo'e of jndid,l tevl,w of th, comml"ion', otd",. 8. Th, commi"lon m,y '1'1"" In Cou" by I" own "tom,y. 9. Petition, m,d undet tbi, "cdon ,boll b, b"td exp,dldou'¡y ,nd de"t- Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 306.15 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John Peter Frangos, The Iron Ket.. tle Deli, 1236 Iowa Street (Also Sunday Sales) Passed, adopted and approved this 11th day of August 1975. O. Robert Justmann Mayor Alvin E. Lundh Emil Stackis JameS E. Brady Donald R. Meyers Councilmen mIned upon the t"noedpt fil,d without "qui"m,nt fot pdndng. IO. If no ptocoedlng to obt,;n iudidol ""Icw I, In"ltu"d within thi"y d,y, ftOm tbe ",vk, of '" otd" of the com, mi"ion und" secdon 301 b",of th, commi"lon m,y obtoln 'n otd" of tb, cou" foe th, ,nfotC,m,nt of 'uch otdet npon ,howing th" "'pond,nt I, ,"bi"t to th, ¡nd,dkdon of the comml"ion ,nd t"ld" Ot ",n"", b..ln", wIthin the county in whkh the petidon fot enfom- m'nt i, btought." p"sed, 'pptOv,d 'nd ,dop"d th;, 11 th d,y of Augn", 197'. C. Rob", In''m'nn M'yot Alvin E, Lundh Emil Stocki, J,m" E B"dy Do.,ld R. Mey", Coundlmen ATTEST, Leo F. FtOmm'!t City Cletk PubH,h,d offkblly in the Tel'."ph Hmld New,p'p" thi, 14th d,y of Au- gu" 1974. L,o F, Ftomm,lt City Cletk it. 8-14 , Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO, 35-75 An Ordinance Amending Ordi. nance No. 37-65 known as the "Street Parking Meter Ordi- nance 01 Dubuque, Iowa," by repealing Subsection 6,2,9 01 Section 6.2 Parking Meter Dis- trict B thereol and enacting a new Subsoction 6.2.9 to Section 6,2 of Parking Meter District B in lieu thereol to limit parking to 120 minute. at anyone time on Fourth Street, both sides, be- tween White Street and Centra' Avenue and South Side between Central Avenue and Iowa Street and both sid.s b.tween Iowa Street and Locust Street, pre- sented and read. Mayor Justmann moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Meyers, Stackis. Nays-None. 434 Special Session, August 11, 1975 Mayor Justmann moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 35.15 AN ORDINANCE AMENDING ORDINANCE NO. 37-6' KNOWN AS THE "STREET PARKING ME- TER ORDINANCE OF DUBUQUE, IOWA", BY REPEALING SUBSEC- TION 6,2.9 OF SECTION 6.2 PARKING METER DISTRICT B THEREOF AND ENACTING A NEW SUBSECTION 6,2.9 TO SEC- TION 6.2 OF PARKING METER DISTRiCT B IN LIEU THEREOF TO LIMIT PARKING TO 120 MIN- UTES AT ANY ONE TIME ON FOURTH STREET, BOTH SIDES, BETWEEN WHtTE STREET AND CENTRAL AVENUE AND SOUTH SIDE BETWEEN CENTRAL A VE- NUE AND IOWA STREET AND BOTH SIDES BETWEEN IOWA STREET AND LOCUST STREET. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE; IOWA: SECTION I: Tho< Ordin,nc< No. 37- 6' known" the "St"" Parking M"" Ordin,nce of Dubuque- low," be ""d the "me i. hmby ,mended by "pooling Sub- r"tiou 6.2,9 of Section 6.2 porkiug Meter Dimict B iu lieu thmof " follows: "6.2 Parking Meter D!,tri" B 6.2.9 Fourth Street, both rid.., be- tween White Street ""d Coo",l Avenue end ..uth ride between Cen",l Avooue ,nd low, St"et end both,id.. between lowe Smet ,nd Locu" Street." P""d, edopted ,nd epproved rbi, 11rh dey of Augu", 1975. C. Rob"r lu"m,un M,yor Alvin E. Lundh En.'l Srock!' 1,m.. E. B"dy Don,ld R. Meyen Councilmen ATTEST: Leo F. Frommelt City Clerk Published o£fici,lly in the Teleg"ph Herold Newsp'p" this 14th dey of Au- gu" 1971. Leo F. Frommelt City Clerk It. S-14 Mayor Justmann moved final adoption of the Ordinance. Sec- oJ:lded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Rick Donath request- ing an opportunity to purchase Lot 130 iJ:l Lennox Subdivision, located on Missouri Street, presented and read. Mayor Justmann moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None, Petition of Walter Pregler et al (76 signers) requesting the rein- statement of bus service on Shiras Avenue, presented and read. Coun- cilman Meyers moved that the pe- tition be referred to the Transit Authority. Seconded by Mayor .Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Meyers further moved that the City Solicitor be directed to draw up a resolution for the Transit Authority stating their meetings be called on a monthly basis with fixed day, time and place. Seconded by Mayor Just- mann. Carried by the followiJ:lg vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Kopper-Powers Ford Inc., requesting to hook up to the City sewer system as the result of inadequate operation of their pres- ent septic tank, presented and read, Councilman Lundh moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Stackis. Carried by' the following vóte: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Sister Kenney Insti- tute requesting permission to con- duct their annual door to door Special Session, August 11, 1975 435 drive in November to solicit funds, presented and read. Mayor Just- mann moved that the petition be approved subject to coordination of the City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Dubuque Community School District requesting permis- sion to use an aerial display of fireworks for September 19, 1975, presented and read. Mayor Just- mann moved that the petition be referred to the City Manager. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Dubuque TV Advis- ory Commission, requesting clarifi- cation of Ordinance No. 8-75, whether or not a Commercial Rate can be properly charged although not specifically authorized, pre- sented and read. Councilman Lundh moved that the petition be referred to the City Mauager and City Solicitor for amendment to the Ordinance for a specific com- mercial rate. Seconded by Coun- cilman Stackis, Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-CouJ:lcilman Brady. August 7, 1975 Honorable Mayor and City Council Enclosed find our 1974 and first six months of 1975 Street Finance Report which includes all income and expeJ:lditures for street pur- poses. The first column contains the en- tire Road Use Tax accounting which includes construction, road maintenance, snow removal and street cleaning. The second column consists of street fund accounts derived main- ly from .property taxes and assess- ments paid by residents within thirty days of the levy for street paving projects. The third column accounts for all other funds contributing to street related expenditures, such as street lightiug, street storm sewer clean- ing and traffic signal lighting and maintenance. The total expenditure for street related purposes this year is $2,924,774. The report also includes a park- ing report showing all parking in- come and expeJ:lses. Gilbert D. ChaveJ:lelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Council. man Lundh. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays~None. RESOLUTION NO. 303,15 Resolution Approving Official Report of Municipality for Mu, nicipal Streets and Parking for 1974 and the first six months of 1975. WHEREAS, an official report of municipality expenditures' and re- ceipts in 1974 and the first six months of 1975 for municipal Streets and parking facilities in the City of Dubuque, Iowa has been duly prepared as . required by Chapter 312 Road Use Tax Ac- count, Code of Iowa, and submitted to the City Council for approval; and WHEREAS, the. City Council has examined the official report of the City of Dubuque, Iowa .for its streets and parking facilities from January 1, 1974 to June 30, 1975, wherein receipts and expen- ditures are shown for 1974 and the first six months of 1975, alóng with a street bond listing supple- ment. NOW, THEREFORE, BE; 11' RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the official report of the City of Dubuque, Iowa for its streets and parkiug facilities from January 1, 1974 to June 30, 1975 be and the same is hereby ap- proved. ,.'_"'~'---"-" -'--~_""~_"'~..~'-"'~~..,~~,",.~,~.".d_~...__~-~.._.__...-~~ 436 Special Session, August 11, 1975 Passed, adopted and approved this 11th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: ;Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO, 304-15 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John R. Hirsch, 206 West Third Street Melvin A, Spiegelhalter, 1029";' Main Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt Clty Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 305-15 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT John Peter Frangos, The Iron Ket- tle Deli, 1236 Iowa Street (also Sunday Sales) Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Dónald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 306.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT John Peter Frangos, The Iron Ket- tle Deli, 1236 Iowa Street (Also' Sunday Sales) Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E, Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Special Session, August 11, 1975 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 307-75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolutio!1. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO, 308-75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., Inc., 3333 Asbury Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 309-75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City CoUl!cil of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the com- pliance with the provisions of Chap- ter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James R. Bainbridge, 1375 Locust Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by 437 438 Special Session, August 11, 1975 Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 310.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James R. Bainbridge, 1375 Locust Street Passed, adopted and approved this 11th day of August 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Clarence Wernimont addressed the Council complaining about the reception he is receiving on his television via cable. Mayor Justmann moved to schedule a work session for the Council with the Cable TV Advis- ory Commission on August 14, 1975, at 7:30 P.M. in the Council Chambers at City Hall. Seconded by Councilman Brady, Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. At 9:35 P.M. Councilman Stackis moved to go into Executive Ses- sion to discuss appointments to various Boards and Commissions. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Council Reconvened at 10:06 P.M. Mayor Justmann made the following appointments: Electrical Board of Appeal, James A. Cosley, replacing Richard Henschel, and Wm. Grothe, replacing Donald Eh- lers, four year term expiring 7-12-79; Board of Appeal-Building Code, Koa Gatrel for unexpired two year term expiring 12-31-76; Electrical Board of Examiners, George Klinge replacing John Shif- flett, and James B. Hutton, replac- ing Donald Ehlers, four year term expiring 7-12-79; and Library Board, Catherine Seitz, replacing Merlin Hantelmann, for. six year term expiring 7-1-81. Mayor Just- mann moved ratification of the ap- pointments. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady ,Lundh, Meyers, Stackis. Nays-None. Councilman Brady further moved to extend terms of office of Citi- zens Transportation Committee members indefinitely. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. There being no further business, Councilman Lundh moved to ad- journ. Seconded by Councilman Stackis. Carrted by the following vote: Special Session, August 11, 1975 439 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved 1975 Adopted 1975 """""...,...............,..".......................... ......,............",............",...................,.., ...............,........................................".. ..........................,................................. """""""""""""""""""""""""""""" Councilmen Attest: "6Ìty"¿ie~k""""""""" ,,~._, '-"~'-='".'._--'/-' ,," -... 440 Special Session, August 18, 1975 CITY COUNCIL OFFICIAL Special Session, August 18, 1975. Council met at 7:30 P,M, (C,D.T.) Pre,ent - Mayor Justmann, Councilmen Brady, Lundh, Meyers, Stackis, City Manager Gilber't D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of SET. TING .A DATE OF HEARING TO DISCONTINUE EXISTENCE OF THE PRESENT RECREATION COMMISSION AND PARK BOARD and acting upon such other busi- ness as may properly come before a Regular Meeting of the Council. Communication of Teleprompter Cable TV advising that Council meetings which are aired, will not begin being broadcast until Sep- tember 8, 1975, due to moving to" new location, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Mr. & Mrs. Mike Elliott and Mr. & Mrs. Phan Van Do, expressing thanks, cour- tesies and effort extended aboard the River Rogue, presented and read. Councilman Stackis moved that the communication be re- ceived and filed, Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Paulson Elec- tric Co. requesting payment in settlement of account of Waste Water Treatment Facilities proj- ect, in the amount of $5,435.73, presented and read. Councilman Stackis moved that the communi- cation be received and filed and referred to the City Manager. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Mr. & Mrs. A. J. Rooney, submitting copy of letter sent to Telegraph-Herald Editor, objecting to the poor re- ception on TV, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilman Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Board of Dock Commissioners submitting minutes of their meeting of August 6, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Board of Dock Commissioners' minutes on Page 4 Par. 2 were discussed as to development of the Fourth Street area. Mayor Just- mann moved that the Dock Com- missioners be requested to forward to the Council, on an expedited basis, their improvement plans of the Fourth Street area. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Building Commissioner Bandy, advising of a request submitted to him for de- molition of a building at 332 Bluff St., through the attorneys for the estate of Theodore J. Klein, located in St. Raphael's neighborhood, pre- sented and read. Councilman Stack- is moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None, Speeial Session, August 18, 1975 441 Attorney Dennis Naughton, rep- resenting the Klein' Estate, ad- dressed the Council relative to the request. Councilman Brady moved that the communication of the Building Commissioner be referred to the meeting of September 2, 1975. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Meyers, Stackis. Nays-Councilman Lundh. Communication of Dubuque His- toric Preservation Advisory Board advising of no particular signifi- cance historically or architectur- ally in the property at 332 Bluff St., presented and read. Council- man Brady moved that the com- munication be referred to the meeting of September 2, 1975. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Meyers, Stackis. Nays-Councilman Lundh. Communication of MTC Appli- ance Co. indicating displeasure that no one of the Council or man- agement presented themselves on the day of promotion August 2, 1975, in which Key Line was sub- sidized in the amount of $507, pre- sented and read. Councilman Stack- is moved that the communication be received and filed and Council send "Thanks" to MTC Appliance Co. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of U. S. Corps of Engineers and State of Iowa sub- mitting a joint Public Notice that the Dubuque County Conservation Board has applied for a permit to perform maintenance dredging of the boat channel leading from Mud Lake boat ramp to the main chan- nel of the Mississippi River, pre- sented and read. Councilman Stackis moved that the communi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of County Audi- tor Meloy submitting an official call for a convention of Boards of Directors of school Districts and Mayors of cities for the purpose of complying with H. F. 802 66th G.A., to prepare and recommend a pay schedule for elective County Offi- cers, meeting set for August 19, 1975 North Court Room, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 14, 1975 Honorable Mayor and Members of the City Council I have approved the following bonds and desire to have your approval of same for ifling. IOWA OFFICIAL BOND Janet Jones, Trustees of Dubuque Transit $1000. Midwestern Cas- ualty & Surety Bond No. FO- 54753 SIDEWALK CONSTRUCTION BOND Carl Blosch, $1000. Dated June 14, 1975. United Fire & Casualty Co. Bond #55-54451 Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Stackis moved that the Mayor and Dock Commission work together, to permanently moor the "Sergeant Floyd" in the Dubuque Harbor. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of N. W. Bell Telephone, in the amount of $115.26, for truck damage incurred on August 6, 1975, as the result of a city truck backing up on E. 4th St., presented and read. Coun. cilman Meyers moved that the No. 442 Special Session, August 18, 1975 tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of personal injury claim of Matthew J. Gansemer for minor son David Gansemer, for injuries received in a fall at Flora Barn on August 11, 1975, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays-None, Communication of City Attor- ney confirming conversation with George Deininger, Chairman of Dubuque Transit Authority, set- ting date of monthly meetings for the Transit Board being second Thursday of each month at 1:00 P.M. in the Council Chambers, pre- sented and read. Councilman Mey- ers moved that the communication be received and filed. Seconded by , C. ouncilman Lundh. Carried by the II following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 36.75 An Ordinance Amending Ordi- nance No. 19-75 by Enacting a New Section 11 Thereto to Pro- vide That The Transit Authority Shall Be Required To Have At Least One Official Meeting Each Month, presented and read. Councilman Lundh moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Lundh moved that the rule requiring an Ordinance to be received and filed at two meet- ings prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCE NO. 36-15 AN ORDINANCE AMENDING ORDINANCE NO. 19-75 BY EN. ACTING A NEW SECTION 11 THERETO TO PROVIDE THAT THE TRANSIT AUTHORITY SHALL BE REQUIRED TO HAVE AT LEAST ONE OFFICIAL MEET- ING EACH MONTH NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1, Th" Ordin.nce No. 19-71 p""d, .dopted .nd .pproved by the City Council on the 9th d.y of June, 1975, .nd published in the Telegnph Hor.ld on the 12th d.y of June, 1975, be .nd the ..me i. horeby .mended by .dd!ng . new Section 11 thoreto " fol- low", "SECTION 11. The Tnn.it Authotity .h.ll hold .t Ie." one oWci.1 mooting pot month .nd ..me .h.ll be held" City H.ll, City Council Ch.mb"" City of Dubuque, low., The design.red monthly mooting d.y .h.ll be on the "cond ThutSd.y of ..ch month com- mencing Septembor 11, 1975." P""d, .dopted .nd 'PFroved this 18th d.y of Aug..r, 1971. Co Robort Ju"m.nn M.vor Alvin E, Lundh Emil S"ck~ J.mes E. Bndy Don.ld R, Mey'" Councilmen ATTEST, Leo F. Frommelt City Clork Publi.hed oWci.lly in the Telegnph H",ld New.p.por this 21" d.y of Au- Leo F. Frommelr City Clork It. 8-21 Councilman Lundh moved final adoption of the Ordinance. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Richard Avenarius re- questing consideration for the pur- chase of a portion of an alley abutting Lot 1 of 1 of Lot 11 in Althauser Sub., presented and read. Councilman Stackis moved Special Session, August 18, 1975 443 that the petition be referred to the City Manager and Staff. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Kennedy Mall Mer- chants requesting permission to conduct a parade in connection wiih a Corvette Show on September 13, 1975, presented and read. Dave Gantz addressed the Council rela- tive to the petition. Councilman Lundh moved that the petition be approved subject to coordination of the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None, Petition of Dubuque Jaycee Jaynes requesting permission to park the Wisconsin Breast Cancer Detection Mobile Unit between the Osco Store and the first Mall Build- ing on September 5th, presented and read. Councilman Lundh moved that the request be ap- 'I proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Dubuque Jaycees re- questing refund of $225, on the unexpired portion of Class "B" Beer Permit, discontinued business on August 11, 1975, presented and read. Councilman Lundh moved that the refund be approved and City Auditor directed to issue prop- er warrant. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays-None. Prior to the presentation ofa resolution setting date of public hearing to discontinue the exist- ence of the present Recreation Commission and Park Board and to enact an Ordinance creating one Board discharging the duties of two (2) boards, Councilman Stackis moved that the concept of Merg- ing the Park Board and Recreation Commission be abandoned. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Councilmen Brady, Mey- ers, Stackis. Nays - Mayor Justmann, Coun- cilman Lundh. RESOLUTION NO. 311.75 WHEREAS, the City of Dubuque, together with the rest of this na. tion, is on the threshold of cele- brating the Bicentennial; and WHEREAS, it appearing to the City Council, City of Dubnque, Iowa, that the Dubuque-East Du- buque Bridge is in apparent need of repainting; and WHEREAS, the City Council of the City of Dubuque, Iowa, de- sires to be in the vanguard of commemorating and celebrating the Bicentennial of this nation and deems it fitting and proper that said Dubuque-East Dubuque Bridge should be repainted in the national colors. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the City Council of the City of Dubuque, Iowa, does hereby formally go on record pe- titioning the Department of Trans- portation of the State of Iowa to repaint the Dubuque-East Dubuque Bridge in the national colors of the United States of America in commemoration and celebration of the Bicentennial of this nation. Section 2, That the City Man- ager be and he is hereby directed to forthwith transmit a certified copy of this Resolution to the Of- fice of the Department of Trans- portation of the State of Iowa, forthwith after adoption and ap- proval hereof. Passed, adopted and approved this 18th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved. adop- tion of the resolution. Seconded ------ 444 Special Session, August 18, 1975 by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-Councilman Meyers. Councilman Lundh further moved that Mayor Justmann submit a certified copy of Resolution No. 311-75 to the East Dubuque, Illi- nois, Council urging them to seek concurrence with their Illinois DOT. Seconded by Councilman Stackis- Carried by the following vote: ! Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-Councilman Meyers. RESOLUTION NO. 312.15 WHEREAS, there has been de- livered to the City Council of the City of Dubuque, Quit Claim Deed, dated July 10, 1975, of Jackson M. Marshall conveying to the City of Dubuque, subject to certain terms of said conveyance, the fol- lowing described real estate, to- wit: NW '!4 of the SE \I. of the SW '!4 of Section 10, Township 89 North, Range 2 East of the 5th PM., according to the United States Government Survey there- of, and SW '!4 of the SW '!4 of Section 10, Township 89 North, Range 2 East. of the 5th PM., according to the United States Government Survey thereof, subject to ease- ments of record, also right of way over the Westerly 20 feet of Lot 1 of the Subdivision of: ."Lot 1 of 1 of 1 of Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386, and Lot 2 of Mineral Lot 380" according to the recorded plats thereof, together with and subject toea$ements of record, and said delivery of deed should be approved and accepted. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the delivery of Quit Claim" Deed of Jackson M. Marshall conveying to the City of Dubuque, Iowa, the hereinabove described real estate be and the same is hereby approved and ac- cepted and the City agrees to abide by the terms of said conveyance. Section 2, That the City Clerk be and he is hereby authorized and directed to record said Quit Claim Deed in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 18th day of August, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO, 313-75 Being a correction of Resolution No. 386-74 and of Subsequent Resolution No. 100-75. Resolution approving the plat of Block 1, Block 2 and Block 3, each in Tim- br Ridge Addition in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 1, Block 2 and Block 3, each in Timber Ridge Addition in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as June Drive and Richard's Road, togeth- er with certain public utility ease- ments which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of June Drive and Richard's Road Special Session, August 18, 1975 445 together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 1, Block 2 and Block 3, each in Timber Ridge Addition in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface June Drive and Richard's Road with bi- tuminous concrete, or with con- crete paving with integral curb, all in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewr service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, as owner; 1. To construct said improve- ments, except sidewalks, prior to October 1, 1976, and to construct the sidewalks prior to October 1, 1978; And further provided that said Richard C. Henschel and Mildred L. Henschel, as owner of said Sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event Rich- ard C. Henschel and Mildred L. Henschel, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 18th day of August, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Acceptance of Resolution No. 313-75 being a correction of Reso- lution No. 386-74 and of subse- quent Resolution No. 100-75. We, the undersigned Mildred L. Henschel & Richard C. Henschel having read the terms and condi- tions of the foregoing Resolution No. 313-75 and being familiar with theconilitions thereof, hereby aè. cept the same and agree to per- form the conditions required there- in, Dated at Dubuque, Iowa, this 15th day of August, 1975. Isl Mildred L. Henschel 151 Richard C. Henschel TO: LEO F. FROMMELT CITY CLERK This is to certify that the se- urity provided by the foregoing RESOLUTION NO. 313-75 has been furnished by the owners. Dated at Dubuque, Iowa, this 19th day of August 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. 446 Special Session, August 18, 1975 RESOLUTION NO. 314-15 WHEJREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; N,oW THEJRffiF,oThE BE IT ThE- SOLVED .by the City Council of tile City of Dubuque, Iowa, that tile following applications be grant- ed and permits issued upon the compliance with the terms of the ,ordinances of the City, CLASS "C" BEER PERMIT Randall's International. Inc" 2600 Dodge Street Passed, adopted and approved this 18th day of August 1975. C. Robert Justmann 'Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of theresolution. Seconded by Councilman Lundh, Carried by the following vote: Yeas- Mayor Justmann, Coun- cilmen Brady, Lundh, ,Meyers, Stackis. Nays ~ 'None. ~ESOLUTION NO. 31S-15 WHEREAS, applications for Beer Permits weri> filed by ,the' within named ,applicants and they have :¡f;ei:~g the approval of this Coun- I WHEREAS, the' premises to 'be occupied by such applicants. were inspected" and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE" IT RE- SOLVEID by the City Council of the City of Dubuque, Iowa, tllat the Manager be authorized to cause to .be issued to the following named applicants a Beer Permit, CLASS "C" BEER PERMIT Randall's International, Inc., 2600 -Dodge Street Passed, adopted and approved tbiJ; 18th day of AUgust 1975, >Co 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 tile resolution. Seconded by Councilman Lundh, Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None, RESO'LUTION NO. 316-15 WHEREAS, applications for Liquor Licenses have been submit- ted to this Council for approval and the same have 'been examined, NOW THEJREFORE BE IT HE- SOLVEID by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses issued upon the com- pliance with the provisions of Chapter 181, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMM¡;RCIAL) BEER AND LIQUOR LICENSE American Veterans WWlI-Korea- Vietnam, AmVets Post #3, 86 East 4th Street James J. Klauer, Doghouse Lounge, 1646 Asbury Road Passed, adopted and approved this 18th day of August 1975, C, Robert Justmann Mayor A:lvin 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, Co\ln. cilmen BEady, Lundh, Meyers, Stackis. 'Nays - None RESOLUTION NO, 311-15 WHEREAS, applications for Liquor 'Licenses were filed .by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City OTdinances relevant thereto and they have filed proper bonds, -,-----' - Special Session, August 18, 1975 447 NOW THEREíF'O~E BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authori>ed to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE American VeteransofWWn,Korea- Vietnam, AmVets Post #3, 36 E. 4th Street James J. Klauer, Doghouse Lounge, '1646 Asbury Road Passed, adopted and approved this ~8th day of August 1975. C, Ro'bert 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 hy the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Council discussed portion of TV Advisory Commission minutes of 8-4-75 meeting reo "In new business, it was moved that F.C,C. Regula, tion 76.605 ,be adopted immediately as a minimum standard for all subscribers as set forth in Section 11 of Ordinance No. 25-63, and ex. panded in Section 3 of Ordinance No. 8-75, and that Teleprompter must show proof of performance data meeting these standards at any subscriber TV receiver antenna terminal point where complaints have not been satisfactorily dealt with", Mayor Justmann moved that portion of the minutes 'be referred to the City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas -;Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. State Representative Tom Gil. loon addressed the Council present- ing 'the idea of a City Lottery to finance a new 'bridge. Councilman Stackis moved that the idea be referred to the Bridge Committee for research and to work with Mr. Gilloon and Dubuque Metropolitan Area Study Committee. Seconded by Councilman Lundh. Carried "by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Ed McCullough was introduced as the new manager of Telepromp- ter Cable TV, Councilman Stackis moved to re- fer to the Recreation Department the possible use of Fairgrounds in- field or track for recreational facil. ities. Seconded by Councilman Brady". Garriedby the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays - None. There being no further business, Councilman Meyers 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. """""""""""""""""""""""""""""" """"""""""""""""""""""""""""" """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" Councilmen Attest: City Clerk