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1975 September Council Proceedings Regular Session, September 1, 1975 449 CITY COUNCIL OFFICIAL Regula,r Session, September 1, 1975. No members of the Council be, Ing present, the meeting was ad. iourned subiect to call. """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" ............................................................ ............................................................ """"""""'cöüii~iï;;;~~"""""""""'" Attest: """""""""""""""""""""""" City Clerk Adlourned Regular Session, Sep. tember 2, 1975. Council met at 7:30 P.M. (C.D.T.) Present-Mayo,r Justmann, Coun. cilmenBredy, Lundh, Meyers, Stacki.. City Menager Gilbert D. Chavenelle. Mayor Justmannread the can and stated that this meeting is an Adjourned Meeting of Special Meeting of August 25, 1975, end also en Adlourned Meeting of the Reguler Meeting of September 1, 1975, caned for the purpose of acting upon a Resolution Amend. ing the Current Budget for Fiscal Year Ending June 30, 1976, and acting upon such other business as m~ properly come before the meeting. A "Moment of Snence" in trib- ute to former Mayor Gaylord M. Couchman was held. Councilman Lundh moved to sus- pend the rules to let anyone pres- ent address the Conncil if they so desire. Seconded by Councilman Stackis. Carried by the foHowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Allan T. Thoms presented the proposed paint job for the Du- buque-East Dubuque Bridge. Coun- cilman Brady moved that apprecia- tion be sent to the Iowa DOT for their consideration on painting the bridge. Seconded by Councilman Stackis. Carried .by the foHowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. Communication of Board of Dock Commissioners requesting time for Dick Wert.berger to address the Council to submit a report on the visit of the tugboat "Sgt. Floyd", preseuted. Mr. Wertzberger ad- dressed the Council and submitted the report stating that 5,142 visit- ors toured the sgt. Floyd while moored iu Dubuque, and expressed "Thanks" to all concerned. Coun- cilman Stackis moved that the com. munication of the Dock Commis- sioners be received and filed. Sec- onded by Councilman Lundh. Car- ried by the foUowing vote: Yeas - Mayor Jnstmanu, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays -None. Hans Zurcher prese(lted a plat from the U.S.S. Dubuque to Mayor Justmann with the citation, "award- ed to the people of Dubuque, Iowa, in appreciation-the Officers and Crew of U.S$. Dubuque." Communication of Low-Rent Housing Commission submitting minutes of their meeting of Au- gust 19, 1975, presented and read. Councilman Stackis moved that the minutes be reeeived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Luudh, Meyers, StacMs. Nays None. Communication of Dock Commis- sioners submitting minutes of their meeting of August 13, 1975, also E. 4th Street Peninsula Program stag- ing format, also minutes of their meeting of August 20th, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, , Stackis. Nays-None. 450 Regular Session, September 1, 1975 Regular Session, September 1, 1975 451 Communication of Youth Serv- ices Board of Directors sub- mitting minutes of their meet. ing of July 29, 1975, presented meeting of July 29, 1975, presented and read. Councilman Stackis mOv, ed that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, I Stackis. Nays - None. i Communication of Fire Fighters Ass'n. advising to be certified as the bargaining representative of the Fire Fighter employees under the terms of Iowa Public Em- ployees Act, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the fo1lowing vote: Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. August 29, 1975 Honorable Mayor and City Council I have noted the letter of Local 353, Fire Fighters' Association, in the material gathered for Council meeting, September 2nd. In order to inform you about their request, I am enclosing a copy of a letter from Mr. Bockes which lists in chronological order the events which preceded the Fire Fighters' letter of August 16. I request that the entire matter be referred to the city manager. Gilbert D. Chavene1le City Manager Mayor Justmann moved that the communication ,be received and fil. ed and the City Manager's request be approved. Seconded by Council- man Lnndh. Vote on the motion was as fo1lows: Yeas - Mayor Justmann, Coun- cilman, Lundh. Nays - Councilmen Brady, Mey- ers, Stackis. MOTION FAilLED. Communication of Dubuque Air. port Commission submitting min. utes of their meeting of August 14, \' 1975,presented and, read. Council- man Stackis moved, that the min- utes be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmanu, Coun. cilmeu Brady, Luudh, Meyers, Stackis. Nays - Noue. Communication of Planning & Zoning Commission submitting minutes of their meetings of Aug- ust 20th and August 29th, present- ed and read. Councilman Stackis moved that the minutes be received and filed. Seconded hy Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Brady, Luudh, Meyers, Stackis. Nays-None. 'Communication of Building Of. ficial Bandy advising of a request for a demolition permit for build- ing at 332 Bluff street (forwarded from last meeting), also submitting a communication from Historic Preservation Advisory Board hav- ing no objection to the issuance of a demolition permit, presented and read. Councilman Brady moved that the permit be granted. Second- ed by Councilman Lundh. Carried by the following vote: Yeas~Councilmen Brady, Lundh, Meyers, Stackis. Nays -Mayor Justmann. Communication of Iowa Depart. ment of Environmental Quality concluding that satisfactory pro. gress is being made after review. ing Wastewater Treatment Plant Progress report, presented and read. Councilman Lundh moved that the communication be receiv- ed and filed. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque County Sanitarian Kuukel advis. iug that representatives of County Board of Health and residents of Old Mill Road and Manson Road will address the Council on the feasibility of obtaining sewer to the area, presented and read. Dr. White, Dave Kunkel, Sharon Barr, Dave Powers, Bay Mi1ler, Dr. Howell and John Unsell, all County Representatives, addressed the Council on the present sewer prob- lems. They stated 20 homes out of 28 are now deficient and showing defectiv'e septic tank systems in the South Dubuque Area. Mayor Justmann moved that the com- muuication of Sanitarian Kunkel be received and filed. Scconded by Councilman Lundh.Carried by the following vote: Yeas - Mayor Justmann, Counc- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Mayor Justmann moved to pro. ceed to hook up sewer for residents within the City limits and extend the helping hand urging County residents to annex on a voluntary basis. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Luudh, Meyers, Stackis. 'Nays - None. Communication of Arvid H. Saele, not a subscriber to cable television, however fo1lowing con- troversy over TV very closely sug- gesting the adoption of au ordin- ance that would provide perform- ance standards to protect nou- subscribers from interference, pre- sented and read. Mayor Justmann moved that the communication be received and filed and referred to the TV Advisory Commission. Sec- onded by Councilman Stackis. Car. ried by the following vote: Yeas - Mayor Justmann, Couu- milmen Brady, Luudh, Meyers, Stackis. Nays - None. Copy of communication of Cable TV Advisory Commission to Ernest Neumann, Assistant Director of Engiueering 'Transmitters, !ERN, expressing appreciation of his staff coming to Dubuque to observe per. formauce of TV Cable system and looking forward to their return with a spectrum analizer, presented and read. Mayor Justmann moved the communication he received and filed. Seconded ,by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. Public Notice of U.S.E.P.A. re- garding a proposed National Pollu- tant Discharge elimination system at Clinton, Iowa, authorization to discharge by Iuterstate Power Co. into the Mississippi River, objec- tions must be filed prior to 9-24-75, presented and read. Mayor Just. mann moved that the notice be reo ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. August 20, 1975 Honorable Mayor and City Council I herewith submit the reports of the Finauce Director, Treasurer, Water Superintendent, Health De- partmeut, as well as a list of claims paid, for the month of July 1975. Gilbert D. Chaveuelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councnman Meyers. Carried by the fo1lowing vote: Yeas - Mayor Justmanu, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. August 26, 1975 Honorable Mayor and City Council The League of Iowa Muuicipal- ities annual meeting is on Septem- ber 22 and 23. It is requested that no Council meeting be held ou Monday evening, September 22. I have been informed that the Legislative Iuterim Highway Com. mittee, commissioners and staff of the Department of Transportation will visit the city, October 6 and 7. It is planned that these people will be dinner guests of the city Mouday evening and, consequently, it is requested that the regular Council meeting scheduled for Oc- tober 6 be postponed to Tuesday evening, October 7. Gilbert D. Chavenclle City Manager Councilman Stackis moved that the request be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. 452 Regular Session, September 1, 1975 Regular Session, September 1, 1975 453 August 26, 1975 Honorable Mayor and City Council It is requested that arrangements be made for the annual City Boards and Commissioners dinner to be held in October or November. May I have your approval to proceed with this event. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the reqnest be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Luudh, Meyers, Stackis. Nays-None. August 25, 1975 Houorable 'Mayor and City Council I request your permission to at. tend the Aunual Convention of the League of Iowa Municipalities, Sep- tember 21-23, and the meeting of the International City Management Association, September 26-0ctober 2. Involved in the Management meeting is a two day training ses- sion on September 26-27 conducted by the National Training and De- velopment Service. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the request be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 28, 1975 Honorable Mayor and City Council I am returning to you the peti. tion of Frank and Delbert Miller concerning the vacation of a por- tiou of Daniels Street. I recommend that the petition be denied, and in support of this recommendation I have attached a copy of Chief O'Brien's letter stating the recommendation of the traffic committee. That portion of the petition re. questing the rezoning of Lot 2 and Lot 3 in Sylvan Place is under con- sideratiou by the Planning and zoningCommissiou. I have written to the petitioner informing them of my recom- mendatiou. and street system in that area does not serve the best interests of the area or of the community-at-Iarge. It is the Commission's view that there may bave been some misun. derstanding of the nature and ex. tent of proposed street system and zoning changes that were consid- ered in response to the Klauer peti- tiou in 1974, and that several inter. ested parties were not heard at the public hearing on that matter. The Commission therefore has directed its staff to arrange a public meet. ing with neighborhood residents and other interested parties to fur. ther consider development pro-b. lems and the proposed solutions in the Kehbie-Bies-Sylvan Drive area. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Conn. cilmen Brady, Luudh, Meyers, Stackis. Nays-None. Gilbert D. Chavenelle City Mauager Councilman ,Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 29, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered the petition of Frank and Delbert Miller of May 23, 1975, re- questing the vacation of portion of platted Daniels Street and asking consideration of .oning for mul- tiple dwellings on Lot 2 and Lot 3 of "Sylvan Place" iu the City of Dubuque, Iowa. In regard to the request for vacation of Daniels Street between Bies Drive and Sylvan Drive, the Commission reviewed its recent studies for land.use and traffic pattern changes iu this area, and has determined that Daniels Street should remain open to Sylvan Drive as a supplementary access to the Bies Drive-Westside Manor neighborhood. A City water main also traverses this platted roadway so that, even if vacated, the fu1l street width could not be used for building purposes. The Commission has recommended that the portion of the Miller's petition requesting that vacation be denied. The petitioner's intent in seeking zoning for multiple-residence pur- poses was clarified in discussions with the Commission. The Com- mission and petitioners bave ex. pressed a preference for imple- mentation of the land-use and traffic piau developed in 1974 in response to the Klauer petition for commercial zoning in that area. On advice that the City's present pol- icy provides for R-2 single family residence classification in the Syl- van.Bies Drive area, the Commis- sion has elected to table the Milier petition. The Commission is concerned that the present land-use policy August 28, 1975 Honorable Mayor and City Council I return the petition of Mr. Rick Donath requesting the purchase of Lot 130 on Missouri Street. I recommend that the city retain the lot because of the possibility of extending Ridgeway Avenue. In support of the recommenda. tion I have attached a copy of a letter from Mr. Koch and a plat of the area. I have written to the petitioner informing him of this recommenda- tion. Gilbert D. Chavenelle City Manager COuncilman Stackis moved that the recommendation of denial be approved. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Luudh, Meyers, Stackis. Nays-None. August 28, 1975 Honorable Mayor and City Council I am returning to you the peti- tion of Wayne Motor Sales for the purchase of a lot in Sears Roe- buck & Co. Subdivision. It is recommended that we do not sell the lot but continue to lease it ou a year-to-year basis. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be approved. Seconded by Mayor Justmann. Car- ried by the foIlowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Mayor Justmann further moved that the City Manager be instruct- ed to have leases indexed to reo fleet a cost of living increase. Sec- onded by Councilman Brady. Car- ried by the foIlowing vote: Yeas - Mayor Justmann, Conn. cilmen Brady, Luudh, Meyers, Stackis. Nays-None. August 28, 1975 Honorable Mayor and City Council I return to you the petition of Mr. Richard Avenarius who re- quested the vacation of a portion of an aIley south of Lot 1.Lot I-Lot 11 in Althauser Subdivision. I do not recommend this vaca- tiou and request that the petition be denied. I have informed the petitioner of this recommendation. Gilbert D. Chavene1le City Manager Richard Aveuarius, petitioner, addressed the Council relative to his request. Lynn Bechen voiced objections to the vacating of said aIley. Mayor Justmann moved the Manager's recommendation be sus- tained. Seconded by Councilman Lundh. Carried 'by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays ~ Councilman Stackis. August 28, 1975 Honorable Mayor and City Council I have approved the following sidewalk constructioubonds for filing approval; and desire to have your approval of same. Michael J. Chapman, Aetna Cas- ualty & Surety dated August 18, 1975, $1,000 454 Regular Session, September 1, 1975 Tri.State Paving Div. of Dubuque Stone Products Co., dated July 29, 1975, $1,000 Gilbert D. Chavenelle City Manager Mayor Justmann moved that fil. ing be approved. Seconded by Councilman Luudh. Carried by the following vote: Yeas - Mayor Justmaun, COUll. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. August 29, 1975 Honorable Mayor and City Council [ request permission to install twenty-one 2'50 watt mercury vapor lights along Central, between 22nd and Diamond street. The attached letter from Mr. Al- ber explains the pro.posal. The plan was reviewed and recommended ,by the traffic com. mittee. Gilbert I). Chavenelle City Mauager Conucilman Stackis moved that the reqnest be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmanu, Couu- cilmeu Brady, Luudh, Meyers, Stackis. Nays - Noue. August 29, 1975 Honorable Mayor and City Council Attached please find a request from Chief Robert N. Dunphy ask- ing that we go to bid ou a new Modular Type Ambulauce. I respectfully recommend that we approve his request and go to bid as soon as possible. Gilhert D. Chavenelle City Manager Councilman Stackis moved that the recommendation be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmanu, Coun. cilmeu Brady, Lundh, Meyers, Stackis. Nays - None. Notice of Claim of Deloris A. Diedericks, in the amount of $300., for damage incurred as the result of flooding 'basement of their home at 1870 Carter Court on August 9, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Suit of Mollie Branden. burg, iu the amount of $24,000., vs. City and Dubuque Motor Electric Service for injuries received iu a fall as the result of icy condition of sidewalk at 1250 Jackson St., presented and read. Mayor Just. manu moved that the notice of suit be referred to the City Soiicitor for investigation and report. Seconded by Councilman Stackis. Carried by the following vote. Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Attorney Leo A. McCarthy requesting prompt ac- tion to correct a water drainage situation affecting Merie W. & Luella 1. Puhrman at 2769 Uni. versity Avenue, presented and read.. Mayor Justmann moved that the communication be referred to the City Solicitor. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 18, 1975 Honorable Mayor and City Council An ordinance providing 2 hour parking ou the west side of Maple Street, between East 17th and East 18th Streets, is being ,brought to you for consideration. I have attached a copy of a let. ter from Chief O'Brien in which he explains the purpose of 'the 2 hour regulation. I recommend the ordinance. Gilbert D. Chavenelle City Manager Mayor Justmanu moved that the communication he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmeu Brady, Lundh, Meyers, Stackis. Nays -None. --- c.~~-- ..~ -,'~ ., Regular Session, September 1, 1975 455 ORDINANCE NO. 37.75 An Ordina,nce Amending Ordi. na,nce No. 33.49 known a.s the "Traffic Code of Dubuque, Iowa" as amended by ",pealing Subsec. tion 14 of Section A of Schedule IV theraof and enacting a new Subsection 14 of Section A of Schedule IV in lieu thereof to lim,it parkin,g of motor vehicles on st",ets heninalter designated, presented and read. Mayor Justmann moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann Couu- cilmen Lundh, Meyers, Stackis, Nays - Councilman Brady. Mayor Justmann moved that the rule requiring an Ordinance to bc 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 Justmanu, Coun- cilmeu Lundh, Meyers, Stackis. Nays - Councilman Brady. ORDINANCE NO'. 37.75 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE. IOWA" AS AMENDED BY RE- PEALING SUBSECTION 14 OF SEC- TION A OF SCHEDULE IV THERE. OF AND ENACTING A NEW SUB- SECTION I4 OF SECTION A 01' SCHEDULE IV IN LIEU THEREOF TO LIMIT PARKING OF MOTOR VEHICLES ON STREETS HEREIN. AFTER DESIGNATED NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" O,din,ncc No. 33-49 known" cl" "T"ffic Code of Dubuque, low,," " ,mended, be "d the "me ¡, hmby 'mended by "p"ling Sub"cdon 14 of Seedon A of Schedule IV thmof ond emcdng , new Sub""ion 14 of S,,- tion A to Schedule IV in lien thmof " follow", "Schedule IV" A. The following """" Ct po"io", '" d"ign"ed " two hom dme ",n", 14, W"t ,ide of M'ple S"", f"m E"t 17th St"" to E"t 18th S""t. p""d, ,dopted ,nd 'pp,oved thi, 2nd d,y of Septen,h", 1975. C. Rob", Ju",monn M,yoc Alvin E. Lundh Emil S"cki, Don,ld R. Mey'" Councilmen ATTEST, Leo F. Fmmmclt City CI"k Publi,hed offichUy in ,he Tcleg"ph Hmld New,p'p" thi, 5th d,y of Sep,,"u- b" 197" Leo F. F"mmclt City CI"k It 9.5 Mayor Ju~tmann moved final adoption of the Ordinance. Sec- ouded by Councilman Lundh. Car- ried 'by the fo1lowing vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays - Councilman Brady. ORDINANCE NO. 38.75 VACATING A CERTAIN ALLEY IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA, presented and read. Mayor Justmann moved that the reading just had ,be considered the first reading of the Ordinance, Sec- ondOid by Councilman Meyers. Cer. ried by the following vote: .... .... Yeas - Mayor Justmann, Couu- ciJmen Brady, Lundh, Meyers, Stackis. Nays - None. Mayor Justmaun moved that the rule requiring an Ordinance to be received and fiied at two meetings prior to the meeting when final action is taken, be dispcnsed with. Seconded by Councilman Meyers. Carried by the folio wing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ORDINANCE NO. 38.75 VACATING A CERTAIN ALLEY IN THE DOWNTOWN URBAN RENEWAL PROJECT AREA WHEREAS, und" d", of July 26. 1967. the City of Dubuque ,nd the United S,,'" of Ame"" entmd into' Loon ond C'pi,,1 G"nt Cont",t foe the un- d""king of th, Downtown U,hon Re- n,w,1 P"jcet, low, R-15: ond WHEREAS, the City of Dubuque, put. me"t to the U,b,n Renew,1 PI,n foe "id Pmicet, h" «qui"d ",I """. "I"""d ,ito ooeup,n". demoli,hed ond "moved "" impmvemen", ond h" oth"wi" p"- p"ed c""'n 1.nd foe "u" pmpo"" ,nd WHEREAS. in oed" to di,p'" of "id 1.nd fm' "development in «coed ond with "id Utb", Ron,w'! P1.n, it i, nce"- "'y thot , "",in ,11ey in the Utb,n Re- new,1 Ptojoet At" be """d; ond WHEREAS. the Phnning ,nd Zoning Commi"ion of the City of Dubuque. low" I", "commended the "",ion of the "id ,Uey in the City of Dubuque. " "id ,1ky i, no longer ncoded foe , public "ght-of-w,y putpo"; now thmfo" 456 Regular Session, September 1, 1975 BE IT ORDAINED BY THE CITY cOUNCIL OF THE CITY OF DUBU. QUE, IOWA, SECTION 1. Tlut thot poct of ,n odg- in,I public ,Uey in th, City of Dubuque, low" commencing" ,he no"he""dy com" of City Lot 96, bdng me point of beginning, mcnce Noeth 67 deg"" 52' E", 30 fe" ,long the .outh"",dy """ line of W'" Fifth Sue", thence South 22 dest'" 30' E," 257.975 foot ,long m, ,outhe""dy '¡ley line to the noethwe""- ly """ line of We" Foueth S"e", thence South 67 degt'" 50' WM 30 fe" ,long the no"hw""dy """ line of Wm Fou"h Sm", thence No". 22 deg"" 30' We" 258.0 fe" ,Ions the no"hw""dy ,Uey line to the point of beginning,., ,nd t'e "me i. hmby v"""d. SECTION 2. T." the City Clod, be and 'e i, h",by ,ut.od"d ,ud di"",d to file' copy of thi. Otdi",nce in the Office of the County Reeotd" in ,nd foe Du. buque Couuty, low,. P""d, ,ppmvod ,nd adopted ,hi, 2ud d,y of Septeml><,. 1975. C. Robe" Jootm,nn M,yoe Alvin E. Lundh Emil Sucki, J,m" E. B"dy Don,ld R. Mey'" Councilmen ATTEST, Leo F. Ftomm,)t City CI"k Publi.bcd offichUy in the Teleg"p' Hmld New,p'p" t.i. 5t. d,y of Sep- temb" 1975. Leo F. Fromm,)t City CI"k It 9-5 Mayor Justmann moved final adoption or'the Ordinance. Second. ed by Councilman Meyers. Carried by the fo1lowing vote: ' Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 318'75 APPROVING A PLAT OF A VA. CATED ALLEY IN THE DOWN. TOWN URBAN RENEWAL PRO. JECT AREA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal 'Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project has vacated a certain alley to prepare land for reuse purposes; and WHEREAS, a lot subdividing a vacated alley into City Lot 96 "A" in the City of Dubuque, Iowa has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zon. ing Commission of the City of Du- buque, governing the subdivision of real estate in the City of Du- buque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the plat dated July 22, 1975, subdividing a va. cated alley into City Lot 96 "A" in the City of Dubuque, Iowa, by Carl F. Bartels, a licensed Profes- sional Civil Engineer and Land Surveyor, be and the same is here- by approved. SECTION 2. That the Mayor and City Clerk 'be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Duhuque, Iowa. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in' the Office of' the County Recorder in and for Du- buque County, Iowa. Passed, approved and adopted this 2nd day of September, 1975. C. Robert Justmann Mayor Alviu E. Lundh Emil Stackis James E. Brady Donaid R. Meyers Councilmen ATTEST: Leo F, Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the fo1lowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. August 23, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lot 1 and Lot 2 of Block 15 in "Dubuqne Downtown Plaza" in the, City of Dubuqne, Iowa. The above describ. ed property lies within the' block Regular Session, September 1, 1975 457 bounded by Fourth Street, Fifth Street, Main Street and Locust Street. The City Planning and Zoning Commission has approved the .final plat, and recommends the approval of the City CounciL CITY PLANNJNG AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the fo1lowing vote: Yeas - Mayor Justmimn. Coun- cilmen Brady, Lundh, Meyers, Stack is. Nays - None. RESOLUTION NO. 319.75 APPROVING A PLAT IN DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and wHEREAS, the City of Dubuque, pursuant to the Urban Renewal Plan for said Project, has acq"ired real estate, relocated site occu. pants, demolished and removed site improvements, and has' other- wise prepared certain land for re- use purposes; and WHEREAS, a plat òf Lot 1 and Lot 2 each in Block 15 in Dubuque Downtown Plaza being comprised and made up of City Lot 65, City Lot 65a, City Lot 66, City Lot 67, City Lot 68, City Lot 96 "A", City Lot 93, City Lot 94, City Lot 95, and City Lot 96, each in the City of bubuque, Iowa, has been exam- ined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the ,Planning a"d Zon- ing Commission of the City of Du- buque, Iowa, and has its approval endorsed thereon: and WHEREAS, said plat conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, governing the suhdivi- siou of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED BY THE CITY COUNOIL OF THE CITY OF DUBUQUE, IOWA: SEm:ION 1. That the plat of Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, dated July 22, 1975, by Carl F. Bartels, a licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby approv- ed. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the County Recorder in and for Du- buque County, Iowa, and in the Office of the ,City Assessor in and for the City of Dubuque, Iowa. . Passed, approved and adopted this 2nd day of September, 1975. C. Rohert Justmann May¡¡r Alvi" E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmenBrady, Lundh, Meyers, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Legal Notice of Hearing for the purchase of Urban Renewal land to Dubuque Five Flags Center Funds, present- ed and read. Councilman Meyers moved that the proof of publica- tion ,be received and filed, Second. ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Ii I 458 Regular Session, September 1, 1975 RESOLUTION NO. 32()"75 AUTHORIZING TH'E EXECUTION OF A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVEL. OPMENT WITH DUBUQUE FIVE FLAGS CENTER FUND WHEmEAIS, pursuant to Resolu- tion No. 236-7'5 dated June 23, 1975, and a Notice of Public Hear- Ing published in the Telegraph Herald, a newspaper of general circulation in the City of Dubu- que, Iowa, on July 31, 1975, and August 7, 1975, City Councll met ou September 2, 197'5, at 7:30 I o'clock P.M., Central Daylight Time, in the City Council Cham- bers, City Hall, Dubuque, Iowa to consider the proposal to dispose' of the interest .of the City of Du- buque to Disposition Parcels 11.1, 11-2, 11-3 (includes 11-4), 11-5, 11.7 (includes 11.6) and 11-8 lu the Downtown Urban Renewal Project, Iowa R-15, legally described as Lot 1 and Lot 2 iu Block 15 in Du. buque Downtown Plaza, to Du. buque Five Flags Center Fund; and WHIDRJEA,S, pursuant to said resolution a co.py of the Redevel. oper's Statement for Public Dis. closure and a copy of the proposed form of Contract for Sale of Land for Private Redevelopment was placed' on flle in the office of the City Clerk for public inspection; and WHEREAS, the City .Council of Dubuque, Iowa, overruled ~nY and aU objections, oral and written, to the proposal to dispose of said interest of the City of Dubuque in the above described real estate to Dubwque Five Flags. Center Fund now therefore BE JiT RIDSOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA 'SEJCTION 1. That the Mayor and the City Clerk be and they are hereby auihorlzed to enter into a Contract for Sale of Land and PrIvate Redevelopment in accord. ance with the terms of the Disposi- tion Documents governing such sale with Dubuque Five Flags Cell. ter Fund for the real estate known as Disposition Parcels 11-1, 11-2, 11-3 (includes 11-4), 11.5, 11-7 (in- cludes 11,6) and 11.8 iu the Down. town Urban Renewal Project, Iowa R-15, legally described as Lot 1 and Lot 2 in Block 15 in Dubuque Downtown Plaza, to Dubuque Ftve Flags Center Fund. SEJCTION 2. That said parcels of real estate shall be sold on the foUowing basis subject to final sur- vey of the land to be sold. Dis. Date of Lot position Unit Delivery No. Parcel No. Pdce of Deed 1 11-1 $32,391.90 Immediately 11-2 19,531.90 11-3(11-4)50,230.01 Theater 4,379.24 $106,533.05 Tota.1 2 11-5 $ 17,605.28 Eighteen 11-7(11-6) 45,287.64 mos. after 11.8 29,129.70 delivery of deed to Lot 1 $ 92,085.62 Total Passed, approved, and adopted this 2nd day of September, 1975. C. Robert Justmann MayOr Alvin E. Lundh Emll Stackis James E. Brady Donald R. Meyers Councilmen ATTEJST: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councllman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Actual Use Re. port, General Revenue Sharing, showing actual expenditures from July 1, 1974 to June 30, 1975, pre. sented and read. Councilman Stack- is moved that the proof of publica. tion be received and filed. Secónd- ed 'by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Proof of Publication, eertified to by the ,Publisher, of Amendment of the Current Budget ending June 30, 197û, presented and read. Coun- cllman Stackis moved that the proof of publication be received and filed. 'Seconded by Councilman Regular Session, September 1, 1975 459 Brady. Carried by the following I RESOLUTION NO. 322.75 vote: WHEJREAS, tbere has been deliv- Yeas - Mayor Justmann, Conn. ered to the City Council of the cilmen Brady, Lundh, Meyers, City of Dubuque, Iowa, a Grant of Stackis. Easement, dated August 21, 1975, Nays - None. wherein Gus Papke, a/k/a August J. Papke, a/k/a August Papke RESOLUTION NO. 321-75 agrees to grant a perpetual right- A RESOLU'I'~ON AMENDING THE of-way and easement in over CURRENT BUDGET FOR THE across and under real estate de: FISCAL YEAR IDNDlN'G JUNE 30, scribed as: 1976 AS AMENDED LAST ON 1st Lot 1-1-1.1.1.1-1-2-1-4 of Min- amendment, 19' .) . eral Lot 501 in Towuship 88 Be It Resolved by the CouncIl North Range 2 East of tbe 5th of the City of'Dubuque, Iowa: P,M. in Table Mound Town. Section 1. Following notice pub- ship, Dubuque County, Iowa lished August 7, 1975 and the pub. for the City of Dnbuque, Iowa to lic hearing held September 2, 1975, construct and maintain a sanitary the current budget (as previously sewer line and that said Grant of amended) is amended as set out Easement is given for the sum of herein. $2200.00 of which amount $2000.00 Section 2. The cash balances and is for the easement for the twenty revenue estimates are amended as (20) foot sanitary sewer line and follows: $200.00 is for the estimated amount Fund-'General of damages to crops: New avallable balance $ 371,403 NOW THEREJJi10RE BE IT RE- New SOLVED BY THE arTY COUNCIL total revenue estimate $5,568,577 OF THE CJiTY OF DUBUQUE, Revenue Sho>ring IOWA: New available balance $ 50,774 Section 1. That delivery of Grant New of Easement, copy of which is at- total revenue estimate $1,080,274 tached hereto by Gus Papke, 5ection 3. The following changes a/k/a August J. Papke, a/k/a (transfers of appropriations be. August Papke granting to the City tween programs, and increases in of Dubuque, Iowa a perpetual total appropriations) are hereby twenty (20) foot wide easement, ill, authorized: over, across and under the above Change described real estate together with Appropria,tion right of ingrees thereto and egress Community Environ. therefrom to construct and main- tain a sanitary sewer line and to- gether with a temporary 50 feet construction easement during the period of construction of said san- itary sewer line, be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to file a certified copy of said Grant of Easement in the rec. ords of the Recorder of Dubuque County, Iowa. Passed, approved and adopted this 2nd day of September, 1975. C. Robert Justmann Mayor I Alviu E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councllmen Program Home and ment (or) from $8,607,311 to $8,731,134 Policy & Administration from$1,031,216 to $1,041,216 Passed this 2nd d'ay of Septem- ber, 1975. C. Robert Justmann Mayor James E. Brady Aivin E. Lundh Donald R. Meyers Emll Stackis Councihnen ATTEST: Leo F. Frommelt City Clerk Councihnan Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Jusimann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ATTEJST: Leo F. Frommelt City Clerk - - - 460 Regular Session, September 1, 1975 Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by , the following vote: Yeas - Mayor Justmann, Coun. cilmen, Brady, Lundh, Meyers, Stackis. Nays~None. August 29, 1975 Honorable Mayor and City Councilmen The City of Dubuque Planning audZoning Commission has re- viewed the final plat of Lots 1 through 12 of Block 6 in "Sunset Park Subdivision No.3" in the City of Dubuque, Iowa. The above de. scribed property lies ou the west- erly extension of Keystoue Drive and north of Hempstead High School. The Commission has determined that the plat ,conforms to the approved preliminary plat of this area and meets the requirements of the Subdivision Ordinance. It is the recommendation of the Com. mission that the plat be approved as submitted. CITY PLANNING AND ZONING COMMISSION Daniel DIttemore Development Planner Mayor Justmaun moved that the communication be recei\"ed and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Luudh, Meyers, Stackis. Nays - None. RESOLUTION NO. 323-75 RESOLUTION APPROVING THE PLAT OF LOTS 1 .12, INCLUSIVE, BLOCK NO.6; ALL IN SUNSET PARK SUBDIVISION NO.3, IN THE CITY OF 'DUBUQU'E, IOWA WHEREAS, there has been filed with the City Clerk a plat iu which: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the East One Half of the Southwest One Quarter, Sec- tion 21, Towuship 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, is platted as Lots '1 . 12, inclusive, Block No. 6, all iu Snnset Park Subdivision No.3 in the City of Dubuque, Iowa, - --- by Schill. Development Corpora. tion as Owner thereof; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and approved by said body; and WHEREAS, upon satd plat ap- pears streets to be known as Key. stone Drive, and also easements for public utilities which the Own- er upon said plat has dedicated to the public forever; and WREJREJAS, said plat has been found by the City Council to cOU- form to the Statutes and Ordiuan. ces relating thereto except that the streets have not been reduced to grade or paving, sewer, water, or sidewalks installed therein; NOW THEREORE, BE IT R~ SOLVED BY THE CITY COUNCIL OF THE OJ/rY ()IF DUBUQUE, IOWA: Section 1. That the dedication of Keystone Drive together with the easements for public utilities all as the same appears upon said plat; be and the same are hereby accepted and that said strects 'be and are hereby established as pub- lic streets in the City of Dubuque; Section 2. That the plat of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the East One Half of the South. west One Qnarter, Section 21, Towuship 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, and which will hereafter be known as Lots 1. 12 inclusive of Block No.6; aU in Sunset park Subdivision No.3 in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby author. ized and directed to endorse the approval of the City of Dubuque upon said plat providing the Owner of said property, hereinbefore named, executes written accept- ance hereto attached, agreeing: a. To reduce Keystone Drive to grade as shown by the profiles submitted with the plat. b. To surface Keystone Drive a width of 30 feet with asphaltic concrete pavement 8" stone base with integral curb and gutter. AU of the foregoing shall be constructed according to the lat- est City of Dubuque Specifica. tions. c. To install sidewalks on both sides of Keystone Drive in ac- Regular Session, September 1,,1975 461 cordance with the City of Du- buque Standard Specifications for Permanent Sidewalks. d. To instaU water mains in accord- ance with plans submitted with this plat. e. To install sanitary sewers in ac- cordance with plans submitted with this plat. f. To install storm sewers in ac. cordance with plans submitted witb this plat. g. To install the sanitary sewer and water house laterals for each lot to behind the property line. h. To construct tbe foregoing im- provements iu accordance with plans and specifications approv. ed by the City Manager and un- der the inspection of the City Engiueer. i. To maintain all street improve- ments and sewer and water mains for a period of four (4) years from the date of its ac- ceptance. j. To construct said improvements prior to November 30, 1976. k. To prove the foregoing construc- tion and maintenance at thc ex- pense of the Owner. and further provided tbat the Schiltz Development Corporation i as Owner of said Subdivision se. cure the performance of the fore- going conditions by providing security in such sums and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Schilt. Development Corporation shall fail to execute the acceptablc and provide security provided for in Section 2 hereof within forty. five (45) days from the date of this Resolution the provisions here- of shan be null and void and the acceptance of the dedication and approval of the plat shall not be effective. ' Passed, adopted and approved by recorded roll call vote this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk To: Leo F. Frommelt" City Clerk This is to certify that the secur- ity required f or the foregoing Resolution No. 323-75 - has been provided by the Owner. Dubuque, Iowa October 17, 1975 Isl Gilbert D. Chavenelle <City Manager ACCEPTANCE OF RESOLUTION NO. 323-75 Schnt. Development Corporation, having read the terms and condi- tions of the foregoing Resolution No. 323-75 and being familiar with the contents thereof, hereby ac- cepts the samc and agrees to per- form the conditions therein reo quired. Schiltz Devciopment Corporation L. J. Schiltz President Harriet M, Graham Secrclary Dated Oct. 14, 1975 Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Conn. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Steve Bardon et al (176 signers) stating that if Petrak- is Ball Park "Home of thc Pack- ers" be rebuilt on City island it would generate larger crowds and produce more revenue for the City, presented and read. Mayor Just- mann moved that the petition bc received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-<None. RESOLUTION NO. 324-75 WHEREAcS, applications for Beer permits bave beén 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 followiiIlg applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Emma Margaret Scherer, 1187 Iowa Street' CLASS"C" BEER PERMIT Ralph J. Grabow, Oky Doky #14, 1050 University Ave. Regular Session, September 1, 1975 CLASS "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE Topeka Inn Managemeut, Inc., Hol- iday Inu of Dubuque (also Sun- day Sales), 1111 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas, Sfikas Buffet, 926 Main Street Passed,adopted and approved this 2nd day of Septemher 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 Couneihuan Meyers. Carried by the followtng vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Luudh, Meyers, Stackis. Nays-None. There being no further business, Councilman Staekis moved to ad- journ. Seconded by Councnman Meyers. Carried ,by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Fromme)! (:ity Clerk Approved ....................................1975. Adopted ......................................1975. """""""""""""""""""""""""""""" ........................................................".. ............................................................ ............................................................ ............................................................ Councilmen Attest: ......................................."......... City Clerk 462 Regular Session, September 1, 1975 Passed, adopted and approved this 2nd day of September 1975. C. !Robert Justmaun Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen RESOLUTION NO. 326.75 WHœJREAS, applications for Liq. uor Liceuses have been suhmitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City council of the City of Dubuque, Iowa, that the following applications be approved and Liceuses issued upon the com. pliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "B" (HOTEL MOTEL) BEER AN'D LIQUOR LICENSE Topeka Inn Mauagement, Inc., Hol- iday Inu of Dubuque (also Suu- day Sales), 1111 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William N. Billikas, Sfikas Buffet, 926 Main Street Passed, adopted and approved this 2nd day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councihuen ATTEST: Leo F. Frommelt I' City Clerk Councilman Stackis moved adop. ¡ tion of the resolution. Seconded by Councilman Meyers. Carried by the foUowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Luudh, Meyers, Stackis. Nays~None. RESOLUTION NO. 325.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED ,by tbe City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Emma Margaret Scherer, 1187 Iowa Street CLASS "C" BEER PERMIT Ralph J. Grabow, Oky Doky #14, 1050 University Avenue Passed, adopted and approved this 2nd day of September 1975. ç. Robert Justmanu Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cihueu Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 327.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and 'they 'have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW 'I'HEREFORE 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 ap,plicants a Liquor License. ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried ,by the following vote: yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. 463 464 Special Session, September 8, .1975 CITY COUNCIL OFFICIAL Special Session, September 8, 1975. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Mayor Justmaun read the call and stated that service thereof had been duly made and this meeting is called for the pnrpose of CONDUCTING A PUBLIC HEARING ON THE FOURTH 5TREET PENIN5ULA GRUEN RE. PORT and acting upon such other business as may properly come be. fore a regular Meeting of the Council. Communication of Dubuque Dock Commission submitting resolution endorsing Victor Gruen proposal with modifications and take under advisement the passing of a Conn. cil resolution concnrring with the Commission's decision, presented and read. Mayor Justmann mOV- ed that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. .communication of Director of ~~:~~~~~na~~~':~~~n~o :~:':e~t~ I relative to Petrakis Park and Park arQund the Shot Tower, presented and read. Mayor Justmann moved that the communication be receiv. ed and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Luudh, Meyers, Stackis. Nays - None. Communication of Dock Board submitting minutes of their meet- ing of September 3, 1975 indicat. iug the presence of a substantial number of firms in the 4th Street Peninsula Area, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Council- man Stackis.Carried by the fol- lowing vote: Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays ~None. Communication of Dock Board submitting estimates of various costs as furnished hy the Planning Departmeut of the City, presented and read. Mayor Justmaun moved that the communication be receiv- ed and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Stackis, Mey- ers. Nays - None. Communications sent to Dock Commission opposing the Fourth Street peninsula Area for various reasons from Kretschmer Tredway, Mississippi Valley Truck Center, Inc., Morrison Bros., The Adams Company, E. J. Voggenthaler Co., and. Fischer Companies, presented and read. Mayor Justmann moved that the communications be receiv. ed and filed: Seconded by Council. man Stackis. Carried by the fol- lowing vote: Yeas -- Mayor Justmann, Coun'. cilmen Brady, Lundh, Meyers, Stackis. Nays -None. Mayor Justmann moved to sus- pend the rules to let anyone pres. ent address, th,\,'jèóuncil if they so desire. Seconded 'by Councilman Stackis. Carried by the following vote: ' ' ,- Yeas - Mayor Justmann, Co'Un- cilmen Brady, Lundh, Meyers, Staekis. ' Nays - None. AUan Carew, representing Ad- ams Company, Kretschmer Tred- way, and Morrison Bros., addressed the Council stating the following: They are concerned about the over- all piau by Victor Gruen and Dock Commission; Clients feel that two memberS of the Dock Commission do not seem to listen; Gruen's #1 problem is appearance; No detailed program of cost has been submit- ted and Area C has 200 acres of land that needs to be developed- MoneY could be better speut; Ad. amS Co. want and need 8 acres for themselves; Cost will not he justi. fied to have smaU parks and rela- tively small industrial area;'. A Special Session, September 8, 1975 committee should be appointed by the Council to work with property owners and the City; Proposal sub. mitted by Gruen does not repre- sent a fair plan, for the area; Request referral of Gruen Report and Dock Board Resolution. Fran. cis O'Connor stated as being con- fused to plan; For 15 acres Iudus. trial land would figure $100,000 per acre; See Page 11 of Gruen report; Property owners are not iu favor of proposals. Robert Bertsch, Attorney, representing Thruput and Pickett Bre,wery stated Con- cept with respect to 4th Street Area; Area' should be developed with private Capital; Would like to submit plans to the City. Dan Dittemore, City Planner, ad- dressed the Council as being iu favor of the proposals. Wm. Wood. ward, representative of the Dock Board, stated plan should be de- veloped and direction should be given; Phase 2 & Phase 3 for later consideration. Bob Dorothy read the foUowing statement into the record. Dubuque Area Industrial Devel- opment Corporation .(DAIDC) en- dorses the general concept of the Dock Commission's 4th Street Plan for the following reasons: 1. The increased need for indus. , trial sites within or near the City I of Dubuque is now beyond dis- pute. In. 1962 land available for industrial development at' Dubu- que's Industrial Park totaled 200 acres: Today, only 11 acres remain to be developed. The need for ad- ditional tax ,base and employment opportunities in Dubuque is great- er than it has been since 1955, the year Dubuque taxpayers gave ap- proval to the $2,000,000 bond issue to develop the Dubuque Industrial Park. Those ,bonds are now paid off. 2. The installation of the Dubu. que Flood Wall has sharply In- creased the potential for attracting industrial prospects. Failure to fur- ther improve the 4th Street Area would be losing an excellent oppor- tunity to make the best of what Dubuque has to offer in the nar- rowly limited industrial develop- ment sites now available or plan- ned. 3. Among Dubuque's urgent con- cerns for better transportation, the 465 streets in the 4th Street Area rate near the top iu priority of those needing improvement. With con. struction costs increasing each year at an average rate of 10%, an obvious case can be made for undertaking these street improve. ments soon. . The general street layout proposed by Victor Gruen for the 4th Street Program appears to be sound and consistent with medium to long range planning. 4. The inadequate street lighting in the 4th Street Area can best be recognized by comparison with the modern lighting along Kerper Boulevard in Dnbuque's Industrial Park. For reasons of safety and attractiveness, and quite possibly, lower insurance rates, Dubuque in. dustries iu the 4th Street peninsula should draw benefit from the pro- posed lighting plan. ' 5. Other amenities recommended by the Gruen Plan include the plantings of trees and shrubs, all of which will further enhance the area's attractiveness, at a very low proportionate cost. Finally, DAIDC recognizes the importance of the 4th Street Pen. insula redevelopment and also the need for a good plan to bring about the goals stated herein. On one hand the DAIDC receives al. most weekly requests for industrial sites of the type found in the 4th Street Area; on the other hand we recognize the land use rights of private property owners. So we urge all parties involved to exercise discretion and coopera- tion in the phasing of this plan to the best interests of the total com- munity. Wayne Moldenhauer, member of the Dock Board, stated Mainten. ance Costs should be considered; Drainage, sanitary sewers, etc.; First Phase should be 7th Street. DOCK COMMISSION RESOLUTION NO. 9.3.75 A RESOLUTION RECOMMÈNDING CERTAIN IMPROVEMENTS AS PHASE I OF A COMPREHENSIVE DEVELOPMENT PROGRAM FOR THE EAST FOURTH STREET PENINSULA AREA WHEREAS, the City of Dubuque Board of Dock Commission.ers has viewed the final report of Victor Gruen Associates for an East Fourth Street Development Study; and -- --- Special Session, September 8, 1975 467 Special Session, September 8, 1975 466 made a matter of record and the property owners in the 4th Street Area be given a 60 day period iu which to prepare alternative pro- posals to the Victor Gruen 4th Street Peninsula study including goals, remedies and plans that will result in the improvement of the area and fuller utilization of the area; and that the City Staff assist the study group; and further moved that the Dock Commission recom. mendations, and the Victor Grueu study be delayed by the Council for that period of 60 days, and that final decision to implement those plans made by the Council after the analysis of the property own. ers study revisions, but that the Council go on record as being in agreement with B-C-D-E steps of Dock Board Resolution 9-3.75 and that the City Staff take all neces- sary and immediate action to en. force all applicable building codes and health situations in the area. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmeu Brady, Lundh, Meyers, Stackis. Nays - None. COUNCIL RECESSED AT 9:25 P.M. RECONVENED AT 9:35 P.M. Communication of Wayne Nor. man in support of the 4th Street Peninsula Plan, especially a new harbor front park at the end of Second Street to include au ex- cursiou boat dock, park and walk. way, possibly acquire the Sgt. Floyd, presented and read. Mayor Justmann moved that the cOm- munication be referred to the Dock Commission. Seconded by Council. man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmeu Brady, Luudh, Meyers, Stackis. Nays - None. Verbal request submitted by the Mayor for Donna Sue Peck to sub. mit a report and request for the Benefit of the Summer Symphony, presented for consideration. Douna Sue Peck madc an appeal to the Council for funds, to pay participants in the Orchcstra to provide a more definite commit- ment on the part of the perform- ing Arts to enable them to main. taiu a balanced instrumentation and also presented slides of the Summer Orchestra activities. Coun- cilmau Stackis moved that the re- port be referred to the City Man- ager for recommendation and re- port. Seconded by Mayor Just- mann. Carried by the following vote: Yeas -Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque Ad- visory Commission submitting recommendations urging the City & County to take appropriate ac- tion to remedy river pollution and shigellosis, presented and read. Mayor Justmann moved that the communication be referred to the City Manager for investigation and report; also refer to Council, and also prepare enabling legislation and status reports. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmanu, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Commission attempt to secure the $100,000.00 contribution tendered the City privately for park development in the area. C. Second priority of the Commis- sion development changes be devoted to the. lighting and pianning a park area around the Shot Tower and that the Commission work with the Pills- bury Company to develop a park area around Dove Harbor and that the promentory look out be restored with possibly Pillsbury Company's help to defray expenses. D. The question of the relocation of Petrakis Park be deferred until further study of the Fourth Street Peninsular area is completed but that further capital improvements to the ball park be deferred also. E. The remaining recreational por- tion of the Fourth Street Study be evaluated periodicaUy for updating and change. F. Vacate streets where street easements are occupied by pri- vate industry. Direct in vaca. tion that monetary return be given for street vacations and screening by logging companies be required. G. Affirm the beautification pro. gram of the Victor Gruen Plan devoting priority to the beauti. fication of the Seventh Street area, develop and pave Seventh Street, Initiate a lighting pro- gram in the area; provide for storm sewers to serve the area. Section 2. That the City of Du- buque Board of Dock Commission. ers hereby request the City Coun- cil of the City of Dubuque adopt a concurring resolution and that implementation of the proposals agreed hereto by the said Board of Dock Commissioners begin immedi. ately. Passed, approved, adopted this 3rd day of September 1975, by City of Dubuque Board of Dock Com- missioners. WIJERE]AS, the intent of the City of Dubuque Board of Dock Commtssioncrs in undertaking said study was to acknowledge that thc area has not achieved its highest and best use, commensurate with improved conditions iu its vicinity mainly, the new floodwall; and WHEREAS, change is a constant process affecting all parts of a growing community, and it has been the intent of the study to an- I ticipate beneficial changes that could occur iu the area and to create a framework for hastening the pace of those changes and im- provemeuts toward desirable objec. tives; and WHEREAS, the Board of Dock Commissioners recognizes the ob- jections and oppositions of area property owners to certain features of the study recommendations, but that it must also recognize that initiation of au improvement pro- cess is appropriate at this time; NOW THEREFORE BE IT RE. SOLVED BY THE CITY OF DU- BUQUE BOARD OF DOCK COM- MISSIONERS, Section 1. That a Phase I Pro- gram of Improvement pursuant to the East Fourth Street Study is hereby adopted, except as follows: A. The park area in the Ice Harbor frontage area as proposed in the Gruen report have as the eastern boundary 6' east of the freight house running easterly to the freight house, westerly boundary including, if possible, the consolidation or elimination of the B. N. track area, acquisi- tion of the freight house, ac. quisition, if possible, of the B. N. Termiual Bnilding, extend- ing the lip of the harbor around 75' into the harbor water through use of fill. The bound. aries ou the north shall be Third Street, west side the pre- ent rail tracks, B. N. and I. C., southern houndary, the harbor perimeter. The requirement of additional pumping abilities that might be required through changes in harbor dimensions and capacity must be noted. B. Commit the remainder of rev- enue sharing allocated to the Dock Commission for the devel- opment. of a park on Fourth Street Peninsular area, tbe Ice Harbor frontage area and the Communication of Playground & Recreation Commission submitting minutes of their meeting of August 11, 1975, presented and read. Mayor Justmann moved that the minutes be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. Printed Council Proceedings for the months of May and Juue, 1975, presented for Council approval. Mayor Justmann moved that the proceedings be approved as print- ed. Seconded by Councilman Stack- Communication of Dock Commis- sion submitting minutes of their meeting of August 27, 1975, pre- sented and read. Mayor Justmann moved that the minutes he receiv- ed and filed. Seconded by Council- mall Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. William Woodward, Chairman Dr. Wayne A. Moldenhauer, Secretary ATl'EST: Wayne A. Moldenhauer Secretary Councilman Brady moved that the resolution be received and - - 468 Special Session, September 8, 1975 is. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. September 4, 1975 Honorable Mayor and City Council Please be advised that I have approved the foUowing sidewalk construction bonds for filing and desire to have your approval of same. Robert John Schulte, Merchants Mutual Bonding Co., Bond No. 220671, $1000. dated 9-22'75 Guideline Inc., United Fire & Cas- ualty Co., Bond No. 55.54835, $1000. dated 6-24-75 Gilbert D. ChaveneUe City Manager Mayor Justmann moved that the communication be received and fil- ed and filing be approved. Secoud- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Conn. cilmeu Brady, Lundh, Meyers, Stackis. Nays - None. Proof of Publication, certified to by the Publisher, of Lists of Ciaims, Receipts and Expenditures for month of July, 1975, presented and read. Mayor Justmann moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. September 5, 197,5 Honorable Mayor and City Council Attached hereto is the agricul- tural land tax credit list for 1975 as submitted by the City Assessor. This list contains all the proper- ties in the City containing ten acres or more. Those names that are checked in red have not filed and evidently are not eligible for the tax credit. The remainder on the list have fil. ed for their exemption and their names must be filed in the office of the County Auditor prior to September 15th of each year. This is a credit against the tax on each tract of agricultural lands within the school districts in which the levy for the general fund ex- ceeds $5.40 per thousand doUars of assessed value. We request approval of the list on those properties not checked in red. Proper applications have been made by these people indicating their good faith that the taxation exempt properties are being used for what they are intended namely agricultural or horticultural pur- poses. Gilbert D. Chaveuelle City Manager Mayor Justmann moved that the list be approved and forwarded to the County Auditor. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilman Brady, Lundh, Meyers, Stackis. Nays - None. Mayor Justmann moved that the Matter of Agricultural Laud Tax Credits be referred to the City At- torney for report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ORDINANCE NO. 39.75 AN ORDINANCE VACATING A PORTION OF WINDSOR EX. TENSION, presented and read. Mayor Just. maun 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 - Noue. Mayor Justmann moved that the rule requiring au Ordinance to be received and filed at two meetingS prior to the meeting when final action is taken, be dispensed with. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ORDINANCE NO. 39.75 WHEREAS, on cl" 28th d,y of Octo- bet, 1949, tho Si"", of St. Fund" Du- buqut. low, dtdbttd to tho City of Dubuqut, low, , ponion of "'oot known " tho Ex"n,ion of Wind.o, Avtnue Special Session, September 8, 1975 469 which extend, nonhedy fwm tho wid",. ed Iimi" of D"i. Avenue" ,hown on th, "'"hedpI", m"k,d Exhibit "A" ,nd by "fmn" m,d, , P'" hmof; ond WHEREAS, the dedi"tion of "id p'o. po<od "'cot w" ""pttd by tho City Coun,il, ,nd WHEREAS, it i. pwpo"d th" "id WindOM Avonu, " ""ndod will bo to. loc'ttd w conf"m to "i"ing phn, fo' th, dovelopment of tho ",,' ,nd WHEREAS, .,¡d Wind", Avonut, " "ttnd,d " .hown on tho pI" doted thc 28th d,y of Ocmb", 1949 ,hould b, v"",d " it no long" ,"vo. ony public pu'po", 'nd WHEREAS, tho Phuning ,nd Zoning Commi"ion of the City of Dubuqut, low, h" 'ppwv,d tho ""tion of "id Wind,o, Avonut, " "'end,d. nonh of D"i, Settot, " wid,ntd. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE, IOWA, SECTION 1. Th" tho "ttot known" Wind,", Av,nut, ""ndtd " ,hown on th, "t"htd plot, m"k,d Exhibit "A" 'nd by "fmnco m,dt , pm hmof, which pht i, d"cd tho 28th d,y of OCto- b", 1949 wht"in tho Si"", of St. Fun. d, of Dubuqut, low, dedio.ttd to tho I' City of Dubuqut. low, by w'y of E",. mtnt "id pwp"ty fo, "ttot pU'po." bt ,nd tho "mt i, htttby v,,"ttd " it no long" """ ,ny public pU'po" ,nd "id v""tion i, m,de upon m,"ti,} "p""n"- tio", th" , "loc",d ""ot will b, dtdi- c",d to th, public to ,<tV, the "" in li,u of th, ""ttd ,,"n';on of Wind,o, Av. enut. SECTION 2. Th" th, City CI"k bt 'nd h, i, I",eby o,dmd m "u" , ",ti. H,d copy of thi, O,din,nco to be "",dtd ,nd fil,d in th, offico of the Rco"d" in 'nd £", Dubuqut County, 10WOo P""d, 'ppwvcd ond ,dopt<d th;, 8th d,y of S,pt<mb", 1975. C. Rob", Ju"m'nn M,yo, Alvin E. Lundh Emil S"ck;' Don,!d R. Moy", J,m" E. B"dy Councilm,n ATTEST, L,o F. FtOmme!t City Clttk Publi,h,d offid,lIy in the Toltguph H",!d new.p,p" thi, 2nd d,y of Octo. bet 1975. L,o F. Fwmme!t City CI"k It 10-2 Mayor Justmann moved final ad- option of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 328.75 WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore passed, adopted and ap- proved Ordinance No. 39-75 vacat. ing Windsor Avenue, as extended, from the northerlymost boundary of Davis Avenue, as widened, as it is no longer needed for public purposes; and WHEREAS, the City Council of the City of Dubuque, Iowa deter. mines that tbe City should dispose of its interest in said real estate by conveying the same to the Sis- ters of Saint Francis of Dubuque, Iowa; and WHEREAS, a time and place of hearing should be fixed and notice thereof published in accordanee with Section 362.3 of the 1975 Code of Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest by the City of Dubuque, Iowa in and to Windsor Avenue, as extended, as shown on a plat, dated October 23, 1949, a copy of which marked Exhibit "A" is here. to attached and by reference made a part hereof, to the Sisters of Saint Francis of Dubuque County, Iowa be and the same is hereby approved and that a public hear- ing thereon be fixed and set for the 29th day of September, 1975 at 7:30 o'clock P.M. in the City Coun- cil Chambers, City Hall, Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby directed to pub- lish notice of intent to dispose of said vacated Windsor Avenue, as extended, to the Sisters of Saint Fraucis of Dubuque County, Iowa for the sum of One ($1.00) Dollar and costs of publication and that no abstract of title be furnished and eonveyance shall be by] Qúlt Claim Deed, Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Emil Stacki~'"?'"T 'Pc Donald R:"~'Yß'S! James E. ßr"!lY:-J ATTEST: Councilmen Leo F. Frommelt 'IT!IbmlOl, City Clerk 01 sri.! b nod Special Session, September 8, 1975 Special Session, September 8, 1975 471 41D September 5, 1975 Honorable Mayor and City Council On July 28, 1975 the City Coun- cil authorized the Mayor to sign a letter with the Office of Planning and Programming, State of Iowa, to participate in a CETA, Title II Pro. gram. At that time we notified the Council that we would be review- ing the needs of the various gov- ernmental and nonprofit agencies in the community and would re- turn to the Council requesting authorization to sign a contract with the Office of Planning and Programming. We have contacted a number of governmental and nonprofit agen- cies in the community and have determined that there is an inter. est in the employment of 16 people in the period October 1, 1975-Juue 30, 1976. A list of the agencies involved, the respective positions and salaries is attached. The City of Dubuque is not par. ticipating in the application for funds for personnel to be employ. ed by the CUy under this program. We have ,been informed that there will be considerable more money available to us under CETA, Title VI. As you know we now have eight (8) employees on the City program funded under CETA, Title VI. We would propose presenting I to the Council, within the next month, a program whereby the City can assist, the community in productive utilization of' Federal funds available and to álIeviate the unemployment situation. At this time we would ask you to authorize the Mayor to sign a contract with the Office of Plan- ning and Programming so that we can proceed with the implementa- tion of the employment of the at. tached list of employees under Title II. Francis A. Murray Assistant City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Mayor Justmann. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Petition of Louis J. Jaeger, own- er of Cherry ValIey Sub., request- ing the instaUation of two street lights on the extension of Lori Street, presented and read. Coun- cilman Stackis moved that the peti- tion be referred to the City Man- ager and Electrtcal Inspector for investigation and report. Seeonded by Councilman Meyers. Carried by the £olIowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, stackis. Nays-None. Petition of Dubuque Sertoma Club requesting permission to con. duct their tenth annual light bulb sale for the retarded on September 19th & 20th, presented and read. Councilman Stackis moved that the request be approved and referred to the Manager for implementa. tion. Seconded by Councilman Mey. <>rs. Carried hy the folIowing vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Petition cf Peoples Natural Gas requesting permission to excavate on W. 5th Street, presented and read, Mayor Justmaun moved that the request be granted. Seconded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Justmanu, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. Petition of Dubuque Sports Un. limited, Inc., requesting a refund of $150., ou unexpired portion of Class "B" Beer Permit No. B-0895, discontinued business on Septem- ber 4, 1975, presented and read, Councilman Stackis moved that the refund be granted and City Audit- or be directed to issue proper war- rant. S'econded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays - Councilman Brady. RESOLUTION NO. 329-75 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CON- TRACT FOR PUBLIC EMPLOY. MENT WITH THE IOWA STATE OFFICE FOR PLANNING AND PROGRAMMING. WHEREAS, the Federal Govern- ment has enacted the Comprehen. sive Employment and Training Act Title II and has made funds available to hire unemployed peo- ple; and WHEJR.EAS, the Governor of the State of fowa, through the Office for Planning and Programming, has designated the City of Dubu- que as a Program Agent, and has aUocated funds in the amount of $78,602.00 to serve unemployed residents of this city; and WHEREAS, it is required of the City, as Program Agent, to submit an employment plan and contract with the Iowa State Offtce for Planning and Programming: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNC'IL OF THE GrTY OF DUBUQUE, IOWA that the Mayor is authorized to sign the Contract for Public Em- ployment with the Iowa State Of- fice for Planning and Program- ming. Passed, approved and adopted this 8th day of Septemher, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Conncilmen Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the foliowing vote: Yeas - Mayor Justmanu, coun- cilmeu Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 335.75 R E SO LUT ION SUPPORTING RENOVATION OF LOCKS AND DAM #26 ON THE MISSISSIPPI RIVER AT ALTON, ILLINOIS WHEREAS, tbe Corps of Eugi- neers has pres<>uted evidence dem- onstrating the necessity for reno- vation of Locks and Dam #26 on the Mississippi River at Alton, mi- nois; and WHEREAS, the City of Duhuque encourages the optimum use of the Mississippi River for recreational, aesthetic and commercial purposes; and WHEREAS, the City of Dubuque dues not believe that the renova. tion of the facility will have an adverse environmental impact pro. Viding a 9' channel is maintained on the upper Mississippi River; and WHEREAS, commercial water transportation is vital to the indus. trial, commercial and agricultural development of the Upper Missis- I sippi Region. NOW,THEREIFORiE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That they support and promote the plan for renovation of Locks and Dam #26 on the Mississippi River at Alton, Illinois. 2. That th<>y approve and eud'orse the project on the premise that a maximum 9' channel be main- tainedon the upper Mississippi River. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundt! Donald R. Meyers Emil Stackis James E. Brady Councilmen 1\.TTES(J': Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried .by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. September 5, 1975 Honorable Mayor and City Council The use of our downtown park- ing facilities has increased consist. entlY since 1970. As periOds of fun. capacity use became mQre frequent we began to plan System ~"p~n- 'I sions in line witb the pac~ Qf downtown development. ATTEJs,T: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by 472 Special Session, September 8, 1975 Special Session; September 8, 1975 473 Our principal objective has been to complete the three additional decks on the Iowa Street Ramp, and these plans will be forthcom- iug later in the year. We have found that some adjustments in our parking rates will be necessary to accomplish this, and we hope to briefly review these with you at your meeting. There is one element of our parking improvement program that may be acted upon immediately. Because expansion space in the Iowa Street Ramp cannot be made available for approximately two years, we are recommending your favorable consideration of con- struction of an interim 80.car park. 'ing lot on Urban Renewal property at Fifth Street adjoining the Ped- estrianway. We are submitting the appropriate Resolutions to initiate this project. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following \'ote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 330.75 Preliminary,app~oval of plans, specifications, fo~m of contract, plat and ,all othe~ßocuments, in- cluding all items of material and work ~equired for the improvement of the 5th Street Parking Lot, at an estimated eost of $27,918.96, presented and read. Counel1man Stackis moved adoption of the reso- lution. Seconded by Councilman Lundh. Car,ried by the following vote: YèaS - Mayor Justmann, coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. {Nechsity for Improvement) RESOLUTION NO. 331.75 WHEREAS, p~oposed plans, spec. ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show. ing among other things the follow- ing: 1. Au estimate of the cost of the proposed impovement for the 5th Street Parking Lot BE IT, THEREFORE, RESOLV- ED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentloned improvement, and unless property owners at the time of the final con. sideration of this proposed resolu- tion have on file with the City Clerk objections to the proposed improvement, they shall be deemed to have waived all objections there- to. Said improvement shall be cou- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Eugineer which have been approved by the City Council and are now on ftle with the City Clerk. That the cost and expense of making said improve. ment will be paid from the Park. ing Fund. The above resolution was intro. duced, approved, and ordered plac- ed on file with the City Clerk this 8th day of September, 1975. Approved and placed on file for final action. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen 1975, a pu.blic hearing wtll be held at 7:30 p.m. in the Council Cham. ber of the City of Dubuque at which time the .objectors for the proposed improvement may appear and make objection to the propos- ed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published iu the City of Dubuque which shall 'be not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for proposals for ihe construction of the aforementioned improvement. Passed, adopted and approved this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Con,ncilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the :£allowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved ap. proval of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Stackis. Nays - None. (Fixing Date of Hearing) RESOLUTION NO. 332.75 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval ou the proposed plans, specifications, and form of contact and placed same on file in the office of the City Clerk for public inspection for the 5th Street Parking Lot. BE IT THEREFORE RESOLVED that on the 29th day of Septémber RESOLUTION NO. 333.75 WHEREAS, Gaylord M. Couch- man, former Mayor of Dubuque and former President of Unviersity of Dubuque, departed this life on August 30, 1975; and WHEREAS, Dr. Gaylord M. Couchman was a man of humble and simple outlook; and WHEREAS, Dr. Gaylord M. Couchman was a loyal and con- scientious laborer in the interests of the public good and whose achievements stand as towering monuments to his energy, skill and devotion to the tasks assigned him: and WHEREAS, Dr. Gaylord M. Couchman was an extremely pleas. ant and friendly type of person who quickly made friends and un- obstrusively commanded the high. est respect from those who worked with him and those who had ally contact with him and that his passing is a deep and profound loss to the community and the sorrow of his passing should ,be publicly acknowledged; NOW THEREFORE. BE IT RE- SOLVED BY THE ŒTY COUNCIL OF THE OITY OF DUBUQUE, IOWA: Section 1. That the death of Gaylord M. Couchman has cast the sbado,w of deep and profound sor- row upon the inhabitants of this community and that the City Coun. cil of the City of Dubuque, Iowa publicly goes on record that by reason of his death it has lost an outstanding and devoted public servant. Section 2. That the City Clerk be, and he is, hereby directed to transmit a certified copy hereof to the family of Dr. Gaylord M. Couchman. Section 3. That a copy of this Resolution be spread upon the pub- lic record by the City Clerk. Passed, approved and adopted this 8th day of September, 1975. C. Robert. Justmaun Mayor Alvin E. Lundh Emil Stac1i:is James E. Brady Donald R. Meyers Councilmen 'ATTEST: Leo' F. Frommelt City 'Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas.,- Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESO'LUTION NO. 334.75 AUTHORIZING THE USE OF URBAN RENEWAL PROJECT LAND FOR TEMPORARY OFF. STREET PARKING PURPOSES WHEREAS. the demand for off. street parking in the Central Busi. ness District of the City of Dubu- que exceeds on numerous occasions tbe supply, available for such use by parking patrons; and WHEREAS, it is proposed to utilize certain cleared land within the Downtown Urban Renewal Project for temporary off.streèt parking purpoSes until such time 474 Special Session, September 8, 1975 as additional permanent parking facilities are developed and made available; and WHEREAS, it is deemed to be in the best interest. of the Dowu- town Urban Renewal Project to provide such temporary parking within the Project Area to accom- modate the present demand and to further facilitate the redevelop- meut of cleared land within the Project Area; now therefore BE IT REJSOiLVED BY THE CITY COUNCIL OF THE ü1TY OF I DUBUQUE, 10WA: SECTION 1. That It is hereby' found and determined that the provision of off.street parking on Reuse Parcels 8-4 and 8.5 in the Dowutown Urban Renewal Project as a temporary use of such parcels is iu the best interest of the City of Dubuque. SECTION 2. That all proceeds received from the operation of such a parking facility over and above the expenses of maintaining such a temporary parking facil. ity be applied to the reimburse. ment of the City of Dubuque for the cost of iustalliug such a facil. ity. SECTION 8. That at the time the City of DubuqUe has been repaid for the instaUation cost of such parking facility, the proceeds over and above the costs of operations shall inure to the benefit of the Downtown Urban Renewal Project Expenditures accollnt. Passed, approved and adopted this 8th day of September, 1975. C. Robert Justmann Mayor Alvin E. Luudh Emil Stackis James E. Brady Donald R. Meyers Councilmen Luudh. Carried by the following vote: Yeas - Mayor Justmann, Conn. cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: .................................................. City Clerk ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Couucilman Special Session, September 15, 1975 CITY COUNCIL OFFICIAL Specia,1 Se..ion, Se'Ptember 15, 1975. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Justmann, Coun. cilmen Br'ady, Lundh, Meyers, Stacki.. City Manager Gilbert D. ChaveneUe. Mayor Justmann read the cali and stated that service thereof had been duly made and this meeting is called for the purpose of AD- OPTING A RESOLUTION AUTH. ORIZING THE ISSUANCE OF $1,750,000., of the CITY'S HEALTH CARE FACILITIES FIRST MORT- GAGE REVENUE BONDS (BETH- ANY HOME PROJECT) SERIES 1975 AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT AND OTH. , ER MATTERS IN CONNECTION I THEREWITH, and acting upon such othcr business as may properiy come before a regular meeting of the Council. Communication of Dubuque County Ass'n. for Retarded Citi. zens, care of Al Lundh, expressing thanks for contributions made to the building and programs of Al- brecht Acres for the benefit of the retarded, presented and read. Coun- cilman Lundh moved that the com. muuication be received and filed. Seconded by Councilman Stackis. Carried by the foUowing vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of U.S. Senator Dick Clark advising of planning a Federal Orientation worksbop at Mt. Vernon on November 21 and Indianola November 22 to acquaint public officials with a basic un- derstanding of programs available from the Federal Government pre- sented and read. Councilman Stackis moved that the communica- tion be received and filed. Second. ed 'by Councilman 'Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. 475 Communication of Transit Man- ager advising that arrangements have been made to provide one AM. and one P.M. bus trip on school days beginning Sept. 15, on Shiras Avenue in response to peti- tion of Walter Pregler etal, pre. sented and read. Councilman Stack- is moved that the communication be received and filed, Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Dubuque Tran- sit Board submitting minutes of their meeting of August 6, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Justmann. Carried by the foliowiug vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis, Nays-None. Communication of Mary E. Keas of Alexandria, Va" submitting a check in the amount of $100" to the Dubuque Girls Club in memory of her brother, presented and read. Mayor Justmann moved that the communication be received and filed and the City Clerk be auth- orized to deliver the check to the Girls Club. Seconded by Couucil- man Meyers. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady. Luudh, Meyers, Stackis. Nays-None. Communication of Mayor of City of North Touawanda, New York, complimenting the Colt .45 Drum & Bugle Corps wonderful ambassadors of I and their behavior was , presented and read. Councilman Lundh mov. ed tbat tbe communication be re- ceived and filed and copy sent to the Editor of local newspaper. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Mayor Just- mann, relative to the accessibility of City Hali offices and Council 476 Special Session, September 15, 1975 Chambers to the physically handi. capped, presented and read. Mayor Justmann moved that Councn at- tempt to improve accessibility of City Hall to aU Citizens by in- stallation of an elevator, improv- ing access at this point. MOTION DIED FOR LkCK OF A SECOND. Councihnan Meyers moved that the communication be received and filed. Seconded hy Councilman Stackis. Carried by the following vote: Yeas-"Councilmen Brady, Lundh, Meyers, Stackis. Nays - Mayor Justmann. September 11, 1975 Honorable Mayor and City Council I am returning to you the peti. tion for street lights on Lori Street. The proposal has been reviewed by the City Electrical Inspector and it is recommended that two 175 watt mercury vapor lights be installed. Gilbert D. ChaveneUe City Manager Councilman Lundh moved that the communication be received and filed and recommendation be approved. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. Communication of Airport Com. mission submitting minutes of their meeting of September 11, 1975, presented and read. Councilman Lundh moved thai the minutes be received and filed. Seconded by Couuciiman IStackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Mayor Just- mann requesting an up-date on Metropolitan Solid Waste Agency actions: Landfill bonds for issu- ance Sept. 15, 1975, set date of completion to return phased por. tions of Area "c" for recreational use; estimated date to bond for energy/resource recovery plant, presented and read. Councilman Lundh moved that the commuuica- tion be received and filed. Secoud- ed by Councilman Stackis. Carried by the foUowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Dubuque Beautification Committee request. ing committee support on cash awards; Light iu Jefferson Park; Construction of asphalt pad in Al- lison.Hendersou Park; Cash grant of $60. to repair lawn mower: Cash grant of $100. to Beautification Committee for ongoing efforts, presented and read. Councilman Brady moved that the communica. tiou be referred to Council and re- quest representatives be on the agenda Sept. 9, 1975, with financial audit if available. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmaun, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Dubuque Met- ropolitan Solid Waste Agency sub- mittiug minutes of their meetings of June 4, 19, 26, July 9 and 30th; also agenda for meeting of Septem- ber 16, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. September 5, 1975 Honorable 'Mayor and City Council Donald J. and Erma P. Burke of 1530 Dodge St., filed claim against the City of Dubuque in the total amount of $415.00 for costs of re- pair to water service line done at the direction of the City Water De- partment. Said claimant claims the leak in the line was on City owned property and resulted from a motor vehicle accident which oc. curred in 1973. This matter was referred to the appropriate City Agency who made an investigation thereof and has reported by letter to the City At. torney of no liability or negligence on the part of the City. In view of the foregoing, it is the recom- Special Session, September 15, 1975 mendatiou of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of denial 'be approved. Seèonded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. September 10, 1975 Honorable Mayor and City Council On April 30, 1975, the City of Dubuque was served with Original Notice in the Iowa District Court, Dubuque County, Small Claim No. 2058, naming the City of Dubuque, Iowa as defendant and Joseph J. Rupp as plaintiff. Plaintiff claimed damages in the amount of $96.82 allegedly arising out of plaintiff's automobile striking a sidewalk drainage cover lying in the street on Loras Boulevard. 'Said action was referred to the City Attorney who asserted said claim against Loras College who has settled with the plaintiff and said action has been dismissed by the plaintiff at plaintiff's costs, all of which was at no cost to the City of Dubuque. Original Notice is returned herewith. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of denial ,be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. September 12, 1975 Honorable Mayor and City Council Claim was filed against the City of Dubuque on August 15, 1975 by Matthew Gansemer for his min- or son, David, claiming personal injuries suffered by his' son at 477 Flora Park Barn on August 11, 1975 as the result of his son's fall- ing and'striking his teeth on a metal chair and injuring same and claiming damages in the amount of $200.00., Said claim was referred to the appropriate City Age(lcy who has made an investigation thereof and has reported no liability or negli. gence on the part of the city. In view of the foregoing, it is the recommendation of the City At. torney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays- None. September 10, 1975 Honorable Mayor and City Council Claim was filed against the City of Dubuque on August 7, 1975 in the amount of $163.05 by Clean Ehlinger for Vanguard Countertop Iuc. claiming that on said doté, said damages occurred to his vehicle as the result of striking a dip in the street and thereby a high curb at 11th and Iowa Streets by the Maid.Rite Restaurant and breaking the bumper of his vehicle. This matter was referred to the City Attorney who has made an iu- vestigation thereof and has confer. red with the claimant who has made an offer of settlement in the amount of $90.00. It is the recom- mendation that the offer of settle ment by claimant be accepted and that the City Auditer be instructed to draw warrant payable to Van- guard Countertop, , .Inc. in the amount of $90.00 and transmit same to the City Attoruey for delivery upon receipt of duly exe. cuted releases. Original claim.. is returned here- with. R. N. Russo City'Attorneý'- 478 Special Session, September 15, 1975 Councilman Meyers moved that the communication be received and filed and recommendation of settlement 'be approved and City Auditor directed to issue proper warrant. Seconded by Councilman Lundh. Carried by the foUowing vote: Yeas -Mayor Justmaun, Coun- cilmen Brady, Luudh, MeyerS, Stackis. Nays - Noue. Notice of Claim of Joan KeUy, in the amount of $26.92, for personal inJlJjries received as the result of bee sting iu the Library Build. I ing on August 20, 1975, presented and read. Councilman Lundh mOv- ed that the Notice of Claim be reo ferred to the City Solicitor for investigation and report. Second. I ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Notice of Claim of Mrs. Ken- ueth R. Caldwell, in the amount of $223.30, for personal injuries re- ceived iu a fall at McAleece Park on July 22, 1'975, presented and read. Councilman Lundh moved that the Notice of Claim be reo ferred to the City Solicitor for in. vestigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmanu, Conn- cilmeu Brady, Lundh, Meyers, Stackis. Nays - None. September 8, 1975 Honorable Mayor and City Council I submit for your consideration a traffic ordinance requiring vehic. les on Bradley Street to stop at the intersection of Rider Street. In e"planation of this ordinance, I attach a copy of a letter from Chief O'Brien. Gilbert D. Chaveuelle City Manager Councilmau 'Meyers moved that the commnnication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas ~ Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ORDINANCE NO. 40-75 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMEND. ED, BY ADDING A NEW SUB. SECTION 29 OF SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES ON BRADLEY MU5T STOP BE. FORE ENTERING THE INTER. SECTION OF RIDER STREET AND BRADLEY STREET, pre. sented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Lundh. Carried 'by the following vote: Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Coucilman Meyers moved that the rule requiring an Ordinance to be received and filed at two meet. ings prior to the meeting when final action is taken, be dispensed with, Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmaun, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. ORDINANCE NO. 40.75 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE. IOWA". AS AMENDED. BY ADDING A NEW SUBSECTION 29 OF SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES ON BRADLEY MUST sTOP BEFORE ENTERING THE IN. TERSECTION OF RIDER STREET AND BRADLEY STREET NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Tbt Otdi",nee No. H-49 known" the "T"ffie Code of Duhuque, lown", " ,mended, be nnd the "me i. borcby nmended by enneting , new ..b- ,"edon 29 to Soction A of Sehednle III thereof " follow", "SCHEDULE III A. E"tbound ,nd W",bouud vehid" muSt "op befo" "nteting the inte",etion of, 29. Rider Sneer ..d B"dley Stmt." Special Session, September 15, 1975 P""d, 'pproved ..d ndoptcd tbi. 15th d,y of Septcmb", 1975. C. Rob", Ju"m'nn M,yo, Alvin E. Lundh Emil Stoekis Jam.. E. B"dy Donald R. Mey", Councilmen ATTEST, Len F. Frommelt City CI"k Pnblished nffiei,lly in the Telegtoph Herold Newsp'p" thi. 18th day of Sep. tcmb" 1975. Len F. Frommelt City CI"k It 9-18 Councilman Meyers moved final adoption of the Ordinance. Secoud- ed by Councihnan Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Petition of Merwyn R. Ellis reo questing repair of an alley between Asbury to Finley Street, aUey was ruined last year when University was widened and repaved being used for a detour, presented and read. Councilman Lundh moved that the petition be referred to the City Manager for recommendation and report. lSecondedby Council. man Stackis. earried by the fol- lowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Petition of Dubuque Senior High School requesting permission to hold a homecoming parade on Fri. day, Octo'ber 3, 1975, presented and read. Councilman Lundh moved that the request he approved sub- ject to approval by the City Man- ager. Seconded by Councilman Brady. Carried by the foUowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lnndh, Meyers, Stackis. Nays - None. Petition of Dubuque Women's Club requesting permission to block off Alpine Street from W. 3rd to ,Melrose to conduct their annual Picket Fence Art Show ou Sunday, September 21, 1975, pre- sented and read. Councilman Lundh moved that the request be approved subject to approval of 479 the City Manager. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Rosemary Cronin et ai, requesting the installation of a street light at the intersection of Foye Street, Gold Street & Merch- ants Lane, presented and read. Councilman Lundh moved that the petition be referred to the City Manager for recommendation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas -Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Petition of Dorothy Haigh et al (46 signers) requesting the instal- lation of two stop signs at south- west and northeast corners of 15th & Maple Street (presently only two way stop), presented and read. Councilman Lundh moved that the petition ,be referred to the City Manager for investigation and reo port. Seconded by Councilman Stackis. Carried 'by the following vote: Yeas - Mayor Justmann, COnn. cilmen Brady, Lundh, Meyers, Staekis. Nays - None. Petition of Sirloin Stockade re- questing a refund of $75. on unex. pired portion of Cigarette License No. 757, discontinued sales on Sept. 3, ~975, presented and read. Councilman Lundh moved that the refund be granted and City Aud. itor be directed to Issue proper warrant. Seconded by Councilman Stackis. Carried by tbe following vote: Yeas - Mayor Justmann, Conn. cilmen Brady, Lundh, Meyers, Stack;'. Nays - None. Petition of George Sorensen re- questing a refund of $75 on un- expired portion of Cigarette Li- cense No. 758, discontinued busi. ness on Sept. 6, 1975, presented and read. Councilman Lundh moved that the refund be granted and City Auditor be directed to issue proper warrant. Seconded by - - IIIIII!II 11'1 ',I" I, ATTEsrr: LeoF. Frommelt City Clerk :480 Special Session, September 15, 1975 Special Session, September 15, 1975 481 Councilman Stackis. Carried by the fOllowing vote: Yeas - Mayor Justmann, Coun. cilmen ;6rady, Lundh, Meyers, Stackis. Nays-None. petition of Hearth Lounge reo questing a refund of $75. ou unex- pited"portion,of Cigarette License No. 722, discontinued bosiness on Sept. 5, 1975, presented and read. Councijman Lundh moved that the refund, be granted and City ,Aud. itor he directed to' issue proper warrant. Seconded by Councilman Stackis; CarriedhY: the following vote: , . Yeas - ,Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of City Engineer Whitesubmittil)gSan Jose Pool Parking Lot and access Sidewalk Project, presented and read. Coun- ,eilmlln Stackis moved to defer the Project until after 'the 1st of the ;fear. Seconded by Councilman Brady. Vote on ,the motion was as follows: Yeas--'Councilmen Brady,. Stack- is. 'Nays-Mayor Justmann,'Coun- cilmen Lundh, Meyers. MOTION FAILED. 'Couiicilnian 'Lundh".íhoved ,tÎì,at the communication, (J,f, Cit:f Engi- neer be received áiJd filed 'and to proceed'with tbe iProjecL Seconded by Mayor Justmann. Carried 1:>y the foUowing'vote: ¡C',Yeas,-,- l\iayor,Just!lann,:Coun, cilmen 'Lundh, Meyers. ' , iNays-'Gouncilmen Brady, Stack- is. RESO,LU~ION NO. 336.75 Approval ,of Preliminary, estl, mate proposed plans; speCifica. tions, form ,of Contract, plat and all other docllments tor construc- tion of San "Jose Swimming Pool Parking Lot and Access Sidewàlk in estimated amount of $22,572.50, presentedan!Lread. Councilman Lundh moved'adoption of thereso. lution. Seconded by: l\iayot, Just- manu. Carried by the following vote: Ÿells -, 'Mayor Jostmann, Conn. cilmenLullljh, Meyers. ' . Nays:-Councilmen,Brady, Stack. ts: ' '(Necessity forhrtprovemènt) RESO'LUTION NO. 337-75 WHERiEAS, proposed plans, spec- ifications, form, of contract, plat and schedule ,have been duly pre- pared and ,approved by the City Council of the City of Dubuque and are' now on file in the office of thc City Clerk showing among other things the following: 1. The parking lot and sidewalks to be improved 2,. The width of such improve. ment, and the size and kind of sewers. 3. An estimate of the, cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. For the San Jose Swimming Pool parking lot and access sidewalk. BE IT THEREFORE RESOLVED that the CitY Council on its, own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement,and unless .property owners at the time of the final con- sideration of this proposed resolu, tion have, on file' with' the City ClerJç i objections, to the, project, they shall De deemed to ,have waive ed all objections ,ti)ereto. 'Said' improveI'nentshall be cin)' structed and done in acco,.!Uiliie with the plans and' specifications which l1ave been,prepared,therefor by the 'CityE:ngineer which have been approved by the City,Counci) and are now on file with the City Clerk. That the cost and expense of mÐking,said ,improvement will be paid out of the Community Development Fund. The above resolution was intro- duced, approved and ordered plàc- ed on file with tlîè'City Clerk this 15th day of September, 1975. Approved and placed on file for final action. , C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers Councilmen Councilmau Lundh moved ap. proval of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas ~ Mayor Justmann, Coun- cilmeu Lundh, Meyers. Nays~Councilmen Brady, Stack- is. (Fixing dale of hearing) RESOLUTION NO. 338.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 336-7'5 given its pre. limiuary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of: San Jose swimming pool parking lot and access sidewalk and, WHEREAS, the proposed Resolu- tion of Necessity for said improve. ment has heen introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED thàt on the 29th day of September 1915,' a public heal'ing will be held at'7:30 o'clock P.M. C:D.T. in the Council Chamber in the City of Dubuque at which time the owners o{'property may appear and make objection to. the proposed plans Ilnd specifications and proposed form ofcontra,ct, and at the same tillie, to the .'boundal'ies of the pro. posed district, to the cost of the iliiprove¡nent". an'd to the passage of the proposed Resolution of Necessity ,and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper pwblished in the city of Dubuque, the first publica- tion shaUbe not less than ten days before the hearing prior to the day fixed for its consideration and un. less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the project, they shaH have been deemed tò have waived aU objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon; Passed, adopted" and approved this 15th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers A'ITEJST: Councilmen Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the foUowing vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers. Nays-Councilmeu Brady, Stack- is. (Ordering Construction) RESOLUTION NO. 339-75 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQ'UE that pursuant to a reso- lution of necessity No. 337-75 which was duly passed by this Council, for the San Jose swim- ming pool parking lot and access sidewalk be and the same are here'by ordered and constructed by this Council upon its' own motion and with or without the petition of property owners. All the work shall ,be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHE!R RESOLVED that the cost and expense of said improvements ,be paid for out of the community development fund after the work has been completed and accepted by the City Council. BE IT, FURTHER RESOLVED that the City Clerk be..and he is hereby ordered and direoted to ad- vertise for proposals for the con- struction of the various improve. ments ,herein provided forin..the manner provided by law, the said improvements shaH be completed on or 'before 45 days after notice to proceed has ,been issoed. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shan be in force and effect from and àfter its passage and adoption by the City Council. Passed, adopted and approved this 15th day of September,1975, C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers ATTEST: Councilmen Leo F. Frommelt City Clerk - Special Session, September 15,1975 482 Councilman Lundh moved adop- tiou of the resolution. Seconded ,by Mayor Justmanu. Carried by the foUowing vote: Yeas - Mayor Justmaun, Coun- cilmen Lundh, Meyers. Nays-Couucilmen Brady, Stack. is. RESO'LUTION NO. 340.75 AUTHORIZING PUBLICATION OF NOTICE OF AN ENVIRONMENT. AL REVIEW FINDING FOR THE SAN JOSE SIMMING POOL AN'D ACCESS WALK WHEREAS, the City of Dubuque under date of May 5, 1975, entered into a Grant Agreement with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City un. der Title I of the Housing and Community Development Act of 1974; and WHEiRiEJAS, pursuant to such Agreement, the City proposes to undertake certain projects which require environmental review; and WHEREAS, an environmental review has been processed in ac- cordauce with the rules and regula- tions as promulgated hy the U.s. Department of Housing and Urban Development for a project ideuti- fied as the parking lot and access walk for the San Jose Pool at Lor- as College in the City of Dubuque; I and WHEHElAS, an Environmental Review Committee has after due consideration made a determina- tion that the above identified proj- ect is not a major Federal action significantly affecting the quality of human life; and WHEREAS, the Enviroumental Review Record for the Project must be made available for public inspection for a specified period of time; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, ]OWA: SECTION 1. That the City Clerk be and he is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the Project identified as the San Jose Swim- ming Pool Parking Lot and Access Walk, and to make the Environ- mental Review Record for the Project available for public inspec- tiou. Such notice shall be in the form of Exhibit "A" attached here- to and made a part hereof. SECTION 2. That the City of Dubuque hereby declares its in- tent to adopt a resolution ou Octo- ber 13, 1975, authorizing the sub- mission of a request to the U.S. Departmeut of Housing and Urban Developmeut for the release of funds authorized under Title I of the Housing and Community De. velopment Act of 1974, to under. take the Project. Passed. approved and adopted this 15th day of September, 1975. C. Robert Justmaun Mayor Alvin E. Lundh Douald RMeyers Councilman ATTEST: Leo F. Frommelt City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental procedures for the Community De. velopment Block Graut Program, the City of Dubuque has prepared a Notice of Finding of No Siguifi- cant Effect on the Environment for a Project identified as the San Jose Swimming Pool Parking Lot and Access Walk to be undertaken under Title I of the Housing and Community Development Act of 1974. The City of Dubuque has found that the Project has no significant effect on the environment based on the following facts and reasons. 1. Assessment of the nature, magnitude, and duration of any adverse and positive im- pacts; 2. Consideration of alternatives to the Project, commitment of resources, known views of local groups, measures which call be instituted to lessen po- tential adverse impacts and to enhance the environment; 3. No loss of unique euvironment- al resources; 4. No irreversible development trends; 5. A minimum occurrence of ad- verse effects that cannot be avoided; and 6. No impacts ou properties pos- sessing historical, archaeoiogi- cal, architectural, or cultural significance. Special Session, September 15, 1975 483 The City of Dubuque has made an Euvironmental Review Record for the Project, and has placed this record on file in the office of the City Clerk iu City BaU, 13th and Iowa Streets, Dubuque, Iowa, The EnviroumentalRecord is avail- able for examination and may be copied between 8:00 A.M. and 5:00 P.M. daily except Saturdays, Suu- days and holidays. No further environmental review of the project is proposed to be conducted, and the City of Dubu. que intends to request the U.s. De- partment of Housing and Urban Development Act of 1974 for the project. Comments may be submitted to the City of Dubuque until 12:00 noon, Friday, .october 10, 1975, ad- dressed to C. Ro,bert Justmann, Mayor of the City of Dubuque, City HaU, 13th and Iowa Streets, Dubu- que, Iowa 52001. Dated and Published September 16, 1975. Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers. Nays-Councilmeu Brady, Stack- is. CITY OF DUBUQUE, IOWA RESOLUTION NO. 341-75 WHEREAS, pursuant to Resolu- tion No. 371-68 adopted August 19, 1968 and Resolution No. 401-68 ad- opted September 16, 1968, the City of Dubuque, Iowa, did, on Septcm- ber 16, 1'968, convey by quit claim deed the foUowing described prop- erty, to-wit: Lot 2 of Lot 1 of Lot 1 in Block 6, River Front Subdivision No.3 in the City of Dubuque, Iowa, containing approximately one. half acre: subject to easements of record and existing easements, together with perpetual ease- ment in, over and across the 30 foot wide strip of Lot 2 of Lot 1 of Block 6 abutting the real es- tate herein conveyed for purpose of ingress and egress, which easement shall not extend be. yond the easterly edge of the railroad right of way easement, to Berwanger Boiler Shop, Inc. for an agreed upon purchase price of $5,274.20, which sum was paid to the City of Dubuque, Iowa; and WHEREAS, ou September 16, 1963 a corporation having the name "Frank Berwauger Boiler Shop, Inc." was in existence and through inadvertence of said corporation, the conveyance of said property by the City of Dubuque, Iowa was made to "Berwanger Boiler Shop, Iuc." rather than to "Frank Ber- wanger Boiler Shop, Inc.", the in- tended gurautee: and WHEREAS, the corporate exis- tence of Frank Berwanger Boiler Shop, Iuc. expired and terminated effective September 23, 1972 and that upon filing of Articles of Iu- corporation with the State of Iowa a new corporation having the name "Berwanger Boiler Shop, Iuc." was duly formed and organized on the 23rd day of September, 1972; and WHEREAS, at the time of said conveyance of September 16, 1958, uo such corporation having the name "Berwanger Boiler Shop, Inc." was in existence; and WHEREAS, Berwanger Boiler Shop, Inc. has now requested that the City of Dubuque, Iowa recon- vey said property to quit claim deed to said corporation in order to remedy any title problems aris- ing from the conveyance of Sep. tember 16, 1968: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Duhuque, Iowa, as follows: Section 1. That the application of Berwang,er Boiler Shop, Inc., an Iowa corporation, to have the City of Dubuque, Iowa reconvey to said corporation the following describ- ed property, to.wit: Lot 2 of Lot 1 of Lot 1 in Block 6, River Frout Subdivision No.3 in the City of <Dubuque, Iowa, containing approximately one- halfacre; subject to easements of record and existing easements, together with perpetual ease- ment in, over and across the 30 foot wide strip of Lot 2 of Lot 1 of Block 6 abutting the real es- tate herein conveyed for pur- pose of ingress and egress, which easement shall not extend beyond the easterly edge of the railroad right of way easement is hereby approved subject to the fOllowing terms and conditions: 484 Special Session, September 15, 1975 A. That the consideration for said reconveyance to Berwauger Boiler Shop, Inc. shall be the sum of $5,27'4.20 previously paid to the City of Dubuque, Iowa, ou or abeut September 1<6, 1<968 and no addi- tional eompensation shan be reo quired for said recouveyauee. B. That the City of Dubuque grant unto the purehaser a per- petual easement over a portion of the adjoining real estate abutting the property herein deseribed for the purpose of ingress and egress by Berwanger Boiler Shop. Inc. C. That the City of Dubuque re- taiu a perpetual easement for exist. ing water lines, ,existing sanitary sewer and storm lines, and for util- ities, together with the right of ingress and egress to repair, in- spect and maintain the same. D. That all costs of publication I of notice incidental to said couvey- ance be paid by Berwanger Boiler Shop, Iuc. Seclio,n 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as requir- ed and in accordance with law. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolutiou in the office of the Dubuque County Recorder. passed, adopted and approved this 15th day of September, 1975. C. Robert Justmann Mayor Alvin E. Luudh Emil Stackis James E. Brady Douald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Luudh mov,ed adop- tion of the resolution. Seconded by Councilman Staekis. Carried by the following vote: Yeas - Mayor Justmanu, coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. COUNCIL RECESSED AT 9:05 P.M. RECONVENED AT 9:20 p.M. Communication of State of Iowa Pub I i c Employmeut Relations Boa r d submitting Stipulation Agreement of Bargaiuing Unit in- cluding Fire Fighters, Fire Equip- ment Operators, Fire Lieutenants, Fire Captains and Fire Marshal, Excluding Civilian Fire Dispatcher, Stenographer, Assistaut Fire Chief, Fire Chief and aU other persons excluded by Seetion 4 of the Pub- lic Employment Relations Act, pre- seuted and read. Councilman Brady moved that the Bargaiuiug Unit be approved and Mayor be authorized to sign the agreement. Seconded by Councilman Meyers. Carried hy the following vote: yeas - councilmen Brady, Mey. ers, Stackis. Nays - Mayor Justmann, Coun. cilman Lundh. September 11, 1975 City of Dubuque Attention: Mr. Gilbert D. Chavenelle City Manager Re: Bethauy Home Project We have been provided copies of the final bond resolution, together with the documents referred to therein, proposed for adoption at the City Council meeting ou Sep- tember 15, 1975. Over the past sev. eral months we have made recom. mendations concerning financial aspects of the basic legal docu- ments and have met with represen- tatives of Bethauy, the purchasers and the co-bond counsels. Our sug. gestions have been satisfactorily incorporated into those documents. We have also reviewed the in- terim financing agreement between Bethany Home and the Dubuque Bank & Trnst Company which agreement, and provision for same in the basic legal documents, sat- isfies our concern expressed prior to the adoption on May 27, 1975 of the "Resolution Approviug Pro- ceeding With the Issuance and Sale. . . ". We have received a draft of the preliminary Official Statement reo ferred to in Section 6 of the bond resolution. We have made tele- phone suggestions to the co-bond counsels regarding clarification of certain portions thereof and upon receipt of the next draft will re- view same. At our snggestion a disclaimer by the City of the ac. curacy or completeness has been incorporated into the Official Statement. In our opinion this financing will not affect the City's futur,e fiuanc. Special Session, September 15, 1975 485 ing abilities or credit rating. We recommend that the bond ordi- nance be adopted. Paul D. Speer & Associates, Inc. Ronald V. Norene Vice President Councilman Stackis moved that the communication be received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Conn. cilmen Brady, Luudh, Meyers, Stackis. Nays-None. RESOLUTION NO. 342.75 RESOLUTION authorizing the is. suance of $1,750,000 iu aggregate principal amount of the City of Dubuque, Iowa Health Care Facil- ities First Mortgage Reveuue Bonds (Bethany Home Project) Series 1<975, for the purpose of defraying a portion of the cost of acquiring, constructing, improving and equip- ping an addition to certain existing facilities and the partial renova- tion of said existing facilities, all to consist of land, buiidings or im- provements which shall be suitable for the use of any voluntary non. profit health care enterprise: the execution and delivery of an In. denture of Trust to secure said Bouds; the execution and delivery of real estate mortgage with the City as mortgagee thereunder as additional security for said Bonds and the assignment by the City to the trustee of the rights and inter- est of the City in and to said real estate mortgage; the execution and delivery of a Loan Agreement be- tween the City and Bethany Home: the sale of said Bonds; and related matters. WHEREAS, the City of Dubuque, Iowa (the "City") proposes to issue its Health Care facilities First Mortgage Revenue Bonds (Bethany Home Project) Series 1975 in the aggregate principal amount of $1,750,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loauedby the City to Bethany Home, an Iowa nonprofit corporation ("Bethany"), for the purpose of defraying a portion of the cost of acquiring, constructing, equipping and improving a project consisting of an addition to certain existing facilities and the. partial renovation of said existing facilit- ies (the "Project"), the Project to be owned hy Bethany Home and to consist of land,buiidings or im- provements which shall be suitable for the use of any voluntary non- profit health care enterprise un- der the Act (as hereinafter defiu. ed), with the financing of the proj. ect to be undertaken in accord. ance with the provisions of Chap- ter 419 of the Code of Iowa, 1975, as amended (the "Act"); and WHEREAS, pnrsuaut to publish. ed notice of intention this City Councii has conducted a puhlic hearing, as required by Section 419.9 of the Act, and this City Councii has deemed it to be iu the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arrang. ed for the sale of the Bonds to Dain, Kalman & Quail, Incorporat- ed and Shaw, McDermott & Co. (the "Underwriters"); and WHEREAS, there has been pre. sented to this meeting the follow. ing documents, which the City pro- poses to enter into: 1. The form of Loan Agreement, dated as of September I, 1975 (the "Loan Agreement"), between the City and Bethany: 2. The form of Indenture of Trust dated as of September 1, 1975 (the "Indenture"), between the City and Dubuque Bank & Trust Company, as trustee there- under (the "Trustee"), setting forth the terms of the Bonds (including, without limitation, the maturity dates, rates of interest and re- demption provisions) and the con. ditions and security for the Bonds; 3. A letter dated Aprii 15, 1975 (the "Letter") from the Underwrit- ers to Bethany relating to tbe issu. ance and purchase of the Bonds: 4. The form of Real Estate Mort. gage (the "Mortgage") dated as of September 1, 1975 between Beth- any, as Mortgagor, and the City, as Mortgagee, and the Assignment of Real Estate Mortgage dated as of September 1, 1975 (the "Assign- ment") pursuant to which the City assigns its rights and interest iu the Mortgage (which Mortgage COIl- veys to the City a mortgage lien in the existing facilities of Beth- any and the Project) to the Trustee for additional security for the Bonds; and '5. The form of the Bonds, as set forth in the Indenture. 486 Special Session, September 15, 1975 WHEREAS, it appears that each of the instruments above referred to, which are now before each of the councilmen of the City Council, is in appropriate form and is an appropriate instrument for the pur- poses intended; NOW, THEREFORE, BE IT RE- SOLVED BY THE ŒTY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLDOWlS: Section 1. That the City defray a portion of the cost of acquiring, constructing, improving and equip- ping the project by Issuing the Bonds and loaning the proceeds of the sale of the Bonds to Bethany. Section 2. That in order to de- fray a portion of the cost of ac- qutring, constructing, equipping and improving the Project, the is- suance of the Bonds in the princi- pal amount of $1,750,000, matur- ing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substan- tially the form and content set forth in the Indenture now before this meeting, subject to appropri- ate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby is in all respects authorized, ap- proved and confirmed, and the form and content of tbe Bonds set forth in the Indenture now before this meeting be and the same here- by is in all respects authorized, ap- proved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, em. powered and directed to execute, whether by manual or facsimile signatures, Impress the official seal of the City (or cause to have printed a facsimile thereof) there. on and deliver for and ou behalf of the City the Bonds and ally coupons attached thereto to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the fnden- ture with respect to the Bonds (in- cludiug without limitation the ma. turlty dates, rates of interest and redemption provisions) be and the same hereby are authorized, ap. proved and confirmed and are in. corporated herein by reference. Section' 3. That the City loan to Bethauy the proceeds from the sale of the Bonds pursuant to the Loau Agreement, which provides for repayment by Bethauy of such loan in an amount equal to prin- cipal of and premium, if any, and interest ou the Bonds when and as due, and the form and content of the Loan Agreement, the provi. sions of which are incorporated herein by reference, 'be and the same hereby is in all respects auth- orized, approved and confirmed and the Mayor and the City Clerk be and they herehy are authorIzed, empowered and directed to exe. cute, attest, seal and deliver the Loau Agreement prior to or simul- taneously with the issuance of the Bouds for and on behalf of the City, including necessary counter- parts iu substantiaUy the form and content now before this meeting but with such changes, modifica- tions, additions or deletions there- in as shall to them seem necessary, desirable or appropriate, their exe. cution thereof to constitute con. clnsive evidence of their approval of any and all changes, modifica- tions, additions or deletions there. iu from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and deltvery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and direct- ed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. See/ion 4. That the form and con- tent of the Indenture, the provi- sions of which are incorporated herein by reference, and the as. signment of the City's rights and interest in and to the Loau Agree- ment (with certain exceptions as stated in the Indenture) and in the Gross Receipts, as term is defined in Article ¡of the Loan Agreement, pursuant thereto, and the torm and content of the Mortgage and the Assignment, and the assignment of the City's rights and interest in the Mortgage pursuant to the In- denture and the Assignmeut,be and the same here'by are in aU respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and direct- ,ed to execute, attest, seal and de- liver the Indenture, the Mortgage and the Assignment for and on be- half of the City to the Trustee for Special Session, September 15, 1975 487 the security of the Bonds and the interest thereon, including neces- sary counterparts in substantially the form and content now before this meeting but with such chang. es, mOdifications, additions and de. letions therein as shall to them seem necessary, desirable or ap- propriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture, the Mortgage and the Assignment now before this meeting, and that from and after the execution and deliv- ery of the Indenture, the Mort. gage and the Assignment, the May- or and the City Clerk are hereby authorized, empOwered and direct. ed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture, the Mortgage and the Assignment as executed. Section 5. That the sale of the Bonds to the Underwriters at the purchase price ,of 100% of the par value thereof plus accrued interest to date of delivery, subject to the terms and conditions set forth in the Letter, is hereby authorized, approved and confirmed, and the form and content of the Letter be and the same hereby is in an reo spects authorized, approved and confirmed. Section 6. That the use by the Underwriters of a preliminary of. I ficial statement and a ftnal offic- ial statement in connection with the sale of the Bonds Is hereby au- thortzed and approved; provided, such authorization and approval shall not be deemed to include au. thorization and approval of infor- mation contained in the prelim. inary official statement or final official statement, but nothing con. tained in this Resolution shaIl be construed as prohibiting or limit- ing the Underwriters from includ. ing any such information as they deem appropriate. Section 7. That the Mayor and the City Clerk of the City be and they hereby are authorized to exe- cute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing state. ments or other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the In- denture and the Assignment and the execution of all closing docu- menta as maybe required by Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smith and Messrs. Kutak, Rock, Cohen, CampbeU, Garfinkle & Woodward, as Co-Bond Counsel, and the acceptance of any docu. mentation evidencing indemnifica. tion of the City by Bethauy In con. uection with the transactions con- templated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 8. That the Loan Agree- ment requires Bethany in each year to pay amounts as loan pay. ments sufficient to pay the princi. pal of and premium, if any, and interest on the Bonds when and as due, and the payment ,of such amounts hy Bethany to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. It is hereby deemed advisable to establish in connection with the retirement of the Bonds the Debt Service Reserve Fund pursuant to and in accordance with provisions of the Indenture. Section 9. That the Bonds are limited obligations of the City, payable solely out of the loan pay. ments required to be paid by Beth- any pursuant to and In accordance with provisions <Yf the Loan Agree- ment and as provided in the Inden- ture, and are secured pursuant to and in accordance with provisions of the Mortgage, the Assignment and the Indenture. The Bonds and interest thereon shall never con- stitute an indebtedness of the City, within the meaning of any state constitutional provisions or statu. tory limitation, and shall not give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section lQ. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to he invaltd, sucb declaration shan not affect the validity of the remainder of the sections, phrases or provisions, 488 Special Session; September 15, 1975 Special Session, September 15, 1975 489 Section 11. That this Resolution shaH ,become effective immediately ,upon its passage and approval. Passed and approved this 15th day of September, 1975. [SEAL] THE CITY OF DUBUQUE, !OW A By C. Robert Justmann Mayor ATTEST: Leo F:' Frommelt City Clerk 1, Leo F. Frommelt, being first duly sworn do hereby depose and certify that I am the duly appoint- ed, qualified and actiJ)g City Clerk of the City of Dubuque, iu the County of Dubuque, State of Iowa; that as such I have In my posses. sion, or have access to, the com- plete corporate records of said City and of its Council and officers; that 1. hsve carefuHy compared the transcript høreto attached with the aforesaid corporate records; and that said trap.scripthereto attach. ed is a truè,correct and complete 'copy of aU of the corporate rec. ords showiI\g the 'action t~ken bY ,the CityCoûp.cil of said City a,t a ~egula~ 'mee¡fp.g open to the public 'op. ,septe¡ribØr, 1-5, ,.1975, for the purpose' ,o¡:"cd,ì¡sidering, a Resolu- ,¡Ion, auti)orizjng",the issuance of $f,7.5P,OQO,il' a~gr¡Jgate princi,pal 'áiÌ1ounLofthe CltyO! Dubuque, Iowa He'althCare Facilitiøs First 1\!:òrtMg!i'Re'¡ØnùeBorids (Bethany HoÎi1e 'projèct) søries' 1975, ~oi: the pütpose'of'Mfraylng a portion Of the cost of.acqliiring; constructing, lfuproíílng and 'øquipping an addi. tion !to!'èøÎ'talÌ1e~istingfacilÎties ánd'the,'pattlaJ'renovatio'¡, of . said existiJig 'facilities, 'aH to' consist of Ìan(!;'bl1liding's orimptovments whié'lí'shaH be suitahle for the use of anJ,c' voluntary nonprofit health èare enterprise; the executIon and delivery of an Indentnre of Trust saidI¡()uds, tJÌeexecu- de1ivery of a real " "gage with the City as mortgagee thereünderas 'addition- afsecùrity for said Bonds and the assignment' 'by the City of the dghts ,and interests of the City in and to said ,real estate mortgage, andexect¡tion and delivery of a Loan Agreement between the City andßethany,Home¡ the sale of said Bouds, and related matters. , wITNESS my hand and the Cor- porateSeal of the 'City hereto ai. ~C~~'. '^ -~_. .'., " ~~~,~'C~.~" fixed at Dubuque, Iowa, this 15th day of September, 1975. [SEAL] Leo F. Frommelt City Clerk STATE OF IOWA) ) 88. COUNTY OF DUBUQUE) Subscribed and sworn to before me this day, the date last above written. of the City of Dubuque, Iowa," as foHows: Thomas Voelker-term to expire September 19, 1976 Theresa Cicciarelli-term to ex- pire September 19, 1977 David Setter-term to expire September 19, 1978 James F. ConneHy-term to ex. pire September 19, 1979 James Richard-term to expire September 19, 1980 Passed, adopted and approved this 15th day of September, 1975. C. Robert Justmaun Mayor Alvin E. Lundh Emil Stackis James E, Brady Douald R. Meyers Councilmen Z. D. Hantelmann Notary Public in and for the state of Iowa [SEJAL] My Commission expires: 9-30-77 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the foHowing votø: yeas - Mayor Jùstmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. RESOLUTION NO. 343.75 A Resolution Appointing AZon- ing Board of Adiustment Pursu- ant To Ordinance 1010.,,32.75 WHEREAS, ,the City Council of the, City of Dubuque,Iowa,' has on August '4, 1975 passed, 'adopted' and approved Ordinance No.' 32-7B. known, as the "Zoning Ordinance and Zoning Map of the City of Du' buque, Iowa"; and ' WHEREAS, the àdoptlon of said Ordinanæ NO. 32-75 has repealed Ordinance No. 3-34 and has 'there- by dissolved the ,Zontp.g Board of Adjustment"as ,haej ,been estaJ>. lishê.d, pursllaut to the,' terms of said OrdiIiarice, No. 3:34; and WHEREAS, Ordinar1cØ No; 32.75 shaH henceforth he known as ti1e "Zoning Ordinancø and Zoning Map of the City of Dubuque, Iowa" and shaH be fuHy effective on Sep. tember 19, 1975: and ' .- WHEREAS, Article VI' of said Ordinance No. 32-75 provides for the estahlishment of a Zoning Board of' AdjriStment in accord' ànce with 'provisions' of Chapter 414, Code of Iowa 1975: ' NOW THEREFÓRE'BE IT'RE~ SOLVED by the City Council of the City of Dubuque, IOwa: ' Section 1. That a Zoning'Board of Adjustment is herebýappOinted in conformance with and sq1'>ject to the provisions <if Article VI of OrdinancøNo. 32.75, known as the' "Zoning Orditi.ttice' and'ZOIiing Map Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 344.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following application be granted and permits issued upon the com- pliance with, the terms of. the Or- dinances of the City. CLASS "C" BEER PERMIT Kopplé's Market Inc., 1098 Univer- sity Avenue CLASS "B" BEER PERMIT Theodore Ferring, 35 East 13th St. Passed, adopted and approved this 15th day of September 1975. C. Robert Justmann . Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 345.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have reo ceived the approval of this Couu- cil; and WHEREAS, the. premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Kopple's Market Inc., 1098 Uni- versity Avenue CLASS "B" BEER PERMIT Theodore Ferring, 385 East 13th St. Passed, adopted and approved this 15th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Counéilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 346-75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for .approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be approved and licenses Issued upon the com. pliauce with the provisions of Chapter 131, Acts of the First Reg. ular Session, 64th General Assem. bly. 490 Special Session, September 15, 1975 CLASS "c" (COMMERCIAL) cilmen Brady, Lundh, Meyers, BEER AND LIQUOR L CEN5E Stackis. William O'Neill, 55 Locust Street Nays-None. ~assed, adopted and approved Councilman Brady moved that thIS 15th day of September 1975. Curb cuts for the handicapped be C. Robert Justmann referred to the City Manager for Mayor report back to the Council. Sec- Alv~n E. Lt~ndh onded by Councilman Lundh. Car- EmIl Stackls ried by the following vote: ~ao~=fd ERB:r~%rs . Yeas - Mayor Justmanu, Coun- Councilmen c¡Jme~ Brady, Lundh, Meyers, Stackls. Nays-None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Frommelt City Clerk Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resotution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 347.75 WHEREAS, applications for Liq- uor Liceuses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by s)1ch applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW. THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLAS5 "c" (COMME'RCIAL) BEER AND LIQUOR LICENSE William O'Neill, 55 Locust Street Passed, adopted and approved this 15th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Luudh. Carried by the following vote: Yeas - Mayor Justmann, Coun- Approved ....................................1975, Adopted ......................................1975. ......................................".................... ................,........................................... ............................................................ ................."......................................... """""""""""""""'C;;~~~ii;;;-~~""'" Attest: "'ciïÿ"ëï~~k"""""""""""""""""'" Special Session, September 29, 1975 CITY COUNCIL (OFFICIAL) Special Session, September 29, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen Lundh, Meyers, Stack. is. Absent - Councilman Brady, City Manager Gilbert D. Chave. nelle. Invocation was given by Rev. Peterson of the University of Du- buque. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is called for the PURPOSE OF DIS- POSING OF INTEREST IN VARI- OUS CITY OWNED PROPERTIES and acting upon such other busi. ness as may properly come before a Regular Meeting of the Council, Communication of Council of Neighborhoods submitting candi- date nominations for the Housing Rehabilitation Commission, pre- seuted and read. Councilman Lundh moved that the communica. tion be received and filed and re- ferred to Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Dock Commis- sion submitting minutes of their meetings of September 10th and 18th, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed and referred to the Mayor and City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Planning & Zoning Commission submitting minutes of their meeting of Sep- tember 17, 1975, presented and read. Councilman Lundh moved that the minutes be'received and filed. Seconded by Councilman Stackis. Carried by the following vote: 491 Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Iowa Depart. ment of Environmental Quality ap- proving sanitary and functional features, water main extension, Keystone Drive, Sunset Park III, Block 6, presented and read. Coun- cilmau Lundh moved that the com- munication be received and filed. Seconded by Councilman Stackis, Carried by the following vote: Yeas - Mayor Justmann, Coun- cilman Luudh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Iowa Depart- ment of Environmental Quality ap- proving sanitary and functional features, water main extension, Sunrise Heights, Block 15, Water Main Extension, also permit for sanitary sewer extension, pre. sented and read. Councilman Lundh moved that the communi- cation be received and filed. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Iowa Depart- ment of Environmental Quality submitting reports of chemical analyses of water samples collected from wells 1, 2, 3 and 4 and the plant effluent as submitted by the Water Department, presented and read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Water Plant Sup't Hail submitting a procedure of testing wells and the depart. ment has been able to meet all D.E,Q. requirements to date, pre- sented and read. Councilman Lundh moved that the communica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Special Session, September 29, 1975 492 Special Session, September 29, 1975 493 Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of Sep- tember 11, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmanu, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Abseut-Councilman Brady. Communication of George E. Deininger submitting his resigua- tion from the Transit Board of Trustees, presented and read. Councilman Stackis moved that the resignation be accepted with regret and a letter of appreciation be sent. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmaun, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 18, 1975 Honorable Mayor and City Council I request authority for Mr. Leo Frommelt to sign city papers iu my behalf during my absence from the city September 25 to October 5. The papers will be mainly purchase orders and vouchers. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and request be approved. Sec- onded by Councilman Luudh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Iowa Depart- meut of Trausportation advising that they intend to let a bridge painting project for over the Mis- sissippi River on Novcmber 12, 1975, cost to be paid from the Pri- mary Road Fund of the State, pre. seuted and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Luudh, Meyers, Stackis. Nays-None. Abseut-Councilmau Brady. Communication of John Graves stating that the painting of the bridge Red, White and Blue would be OK for one year, but as the years go by it could become au eyesore, presented and read. Couu- cilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Abseut-Councilmau Brady. Communication of Gerald House- log et ux, addressed to the Mayor, relative to the inaction as to the repair of the property located next to theirs at 744 W. 8th Avenue, presented and read. Mayor Just- manu moved that the communica- tion be referred to the City Man- ager, Housing Department and Re. habilitation Commission for inves- tigation and report back within 2 weeks. Seconded by Councilman Stackis. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Mcyers, Stackis. Nays-None. Absent-Councilman Brady. Councilman Lundh moved that the communication be received and filed and recommendation be ap. proved. Seconded by Councilman Meyers. Carried by the. foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 19, 1975 Honorable Mayor and Members of the City Council I have. approved the foilowing policies issued to Curtis Straub Co. and request your approval of same for filing purposes. Said policies have been approved by the City Attorney. Policy No. WC61-185530-State Automobile and Casualty lJn- derwriters to 9-16.76 Policy No. GA 28-168351-State Automobile and Casualty Un- derwriters to 9-16-76 Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and filing be approved. Seconded by Councilman Lundh. Caried by the following vote: Yeas-Mayor Justmann, Council- men Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Proof of Publication, certified to by the Publisher" of List of Claims, Receipts and Expenditures for the month of August, 1975, pre- sented and read. Councilman Stack. is moved that the proof of publica- tion be received and filed. Second. edby Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 19; 1975 Honorable Mayor and City Council I herewith submit the reports of the Water Superintendent, Fi- rihnce Director, Treasurer, Health Department, as well as a list of claims paid for the month of Au. gust 1975. man Lundh. Carried by the fol. lowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 22, 1975 To tbe Honorable Mayor and City Council 1 submit to you the audit reo port for the Youth Services Pro- gram for the period October 12, 1972 through June 30, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun. cilmenLundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 25, 1975 Honorable Mayor and City Council Tbe annual Boards andCom:nis- sions banquet will be held Octo- ber 31st at the Julien Motor Inn. Guest speaker will be the Honor. able John C. Culver, U. S. Sena. tor. Will you please reserve this date. Gilbert D. ChaveneUe City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Council. man Lundh. Carried by the follow. ing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 23, 1975 Honorable Mayor and City Council On August 25, 1975, claim was filed against the City of Dubuque by Leonard P. and Deloris A. Died. erichs and alleging damages in the amount of $300.00 occurred to the basement of their home at 1870 Carter Court on August 9, 1975 as the result of a sewer back up. This màtter was referred to the appropriate City Agency who has madean investigation thereof and has made written report to the City Attorney of no liability or ac. tionable negligence on the part of September 17, 1975 Honorable Mayor and City Council I am returning to you the peti- tion for a street light at the inter. section of Gold Street and Mer. chants Lane. The area has been investigated by the electrical inspector and it is recommended that a 175 watt mercury vapor fixture on the ex- isting wood pole located at the southeast corner of the intersec- tion be instaUed. Gilbert D. Chavenelle City Manager Communication of Low-Rent Housing Commission submitting minutes of their meeting of Sep. tember 16, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Luudh, Meyers, Stackis. Nays-None. Absent-Couucilman Brady. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and. filed. Seconded by Council- Special Session, September 29, 1975 495 494 Special Session, September 29, 1975 the City. In view of the foregoing, right ankle while in the Dubuque it is the recommendation of the Carnegie-Stout Library. City Attorney that said claim be This matter was referred to the denied. City Attorney who has made an Original claim is returned here. investIgation of said matter and with. finds that actionable negligence or R. N. Russo liability on the part of the City, City Attorney and in view of the same, it is the Councilman Meyers moved that recommend~tion of the Citr Attor. the communication be received and ney ~h~t saId clal'.'! be defiled. filed and recommendation of denial .Orlgmal Claim IS returned here. he approved. Seconded by Mayor w>th. Justmann. Carried by the follow, Ing vote: Yeas - Mayor Justmanu, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Abseut-Councllman Brady. September 17, 1975 Honorable Mayor and City Council On July 21, 1975, Jean M. Bruce, 857 Wilson Avenue, Dubuque, Iowa filed claim against the City of Du' buque In an unstated amount claiming personal injuries suffered by her on July 17, 1975 as the reo suit of a fall on the staircase at Flora Park Barn. This matter was referred to the appropriate City Agency who has made au Investigation thereof and has advised the City Attorney that they find no actionable negligence on the part of the City. In view of the foregoing, It is the recom. meudation of the City Attorney that the claim of Jean M. Bruce be denied. Original claim is returned here- with. 1974 by Lorraine M. Jenkins claim" ing personal injuries suffered by her on October 23, 1974 and arls- iug out of an alleged fall at the northwest corner of Maplewood Court and Timberline Street and further alleging said fall was due to the rough, dangerous and un. even area where the concrete gut- ter ends and the blacktop street surface begins. This matter was referred to the City Attorney who has conferred with claimant's attorney and ftnds that the claimant suffered a broken right foot and abrasions and cut to her left knee, and claims loss of wages in the amount of $154.00 and medical expenses of $167.00. Claimant, through her attorney, has made an offer of settlement in the amount of $600.00 and it is the recommendation of the City At- torney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw war- rant payable to Lorraine M. Jen- kins in said amount and to trans. mit said check to the City Attorney for delivery upon receipt of duly executed releases. Original Notice of Claim Is reo turned herewith, R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed, recommendation of settle- ment be approved and City Audi- tor directed to issue proper war- rant. Seconded by Mayor Just- mann. Carried hy the following \rote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councllman Brady. Notice of Claim of Jeffrey J. Ntcks, in an undetermined amount, for personal injuries received as the result of using a self-propelled lawn mower at Ski Htll on W. 32nd Street on September 19, 1975, pre- seuted and read. Councilman Mey. ers moved that the Nottce of Claim be referred to the City At- torney for investigation and report. Seconded by Mayor Justmann. Car. rted by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Staekis. Nays-None. Absent-Councilman Brady. Notice of Claim of Gerarda La- hey, in the amount of $74.31, for car expense incurred as the result of driving on a defective street on September 6, 1975 at 1100 Walnut St., presented and read. Council. man Meyers moved that the no- tice of claim be referred to the City Attorney for investigation and report. Seconded by Mayor Just. mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Notice of Suit of Mary Shivley, in the amount of $12,000, for per- sonal injuries received in a fall on a defective sidewalk along the east side of Elm Street north of 16th Street on July 20, 1974, pre- sented and read. Councilman Mey- ers moved that the Notice of Suit be referred to the City Attorney for investigation and report. Sec. onded by Mayor Justmanu. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Communication of Dubuque Beautification Committee (Forward from meeting of 9/15/75) request- ing Council support on the follow- ing: Cash awards won by the Am- bassadors be given to them; In. stallation of light in. Jefferson Park; Construction of asphalt pad in Allison.Henderson Park: Cash Grant of $60 for lawnmower reo pair; Cash Graut of $100 for on. going efforts, presented and read. R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Ma. yor Justmaun. Carried by the fol. lowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackls. Nays-None. Absent-Councilman Brady. September 17, 1975 Honorable Mayor & City Council Claim was filed on June 9, 1975, by Denuis J. Driscoll, 673 Jeffer- son Street, Dubuque, Iowa in the estimated amount of $323.42 and $353.29 claiming damages to his automobile on May 3, 1975 as the result of paint flecks being depos. ited on same by persons painting a fence during the City of Du- buque's Clean-Up Program. This matter was referred to the appropriate City Agency who has made an investIgation of said claim and reports that said mat. ter has been amicably disposed of. In view of the foregoing, it is the recommendation of the City At- torney that said claim be denied. Original claim is returned here. with. R. N. Rnsso City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of denial be approved. Seconded by Mayor Justmaun. Carried by the following vote: Yeas - Mayor Justmann, Coun. cllmen Luudh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 17, 1975 Honorable Mayor & City Council Joan Kelly of 854 Clarke Drive, this city, filed claim against the City of Dubuque, Iowa on Septem- her 12, 1975, in the amount of $26.92 and claiming injuries suf- fered by her on August 20, 1975 as the result of a bee sting on her R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and recommendation of denial be approved. Seconded by Mayor Justmaun. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackls. Nays-None. Absent-Councilman Brady. September 19, 1975 Honorable Mayor & City Council Notice of claim for personal in. juries was filed on November 13, Notice of Claim of Joyce Ann Miller & Carol Ann Miller, in the approximate amount of $850, for car damage plus $50,000 personal injuries to Joyce Anu Miller and $25,000 personal injuries to Carol Ann Miller, incurred as the result of driving on to railroad tracks on E. 7th Street, presented and read. Councilman Meyers moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Mayor Just- mann. Carried by the following vote: ~~... ""_.,~... -~ - "~~"'.. ,-'...' 496 Special Session, September 29, 1975 Special Session, September 29, 1975 497 Councilman Stackis moved that the communication be referred to Council. Seconded by Mayor Just- mann. Carried by the following vote: , Yeas - Mayor Justmann, Coun. cilmen Lundh,Meyers, Stackis. Nays-None. Absent-COllncilman Brady. Communication of Beautification Project submitting statement as of September ¡5, 1975, suggesting de- letion of asphalt pad in Allisou. Henderson: Cash Grant of $60 for mower repair; and Cash grant of $100, presented and read. Mayor Juslmanu moved to suspend the rules to let anyone present ad- dress the Council if they so desire. Secon,ded ,by, Councilman Stackis. carried by the following vote: Ye,as -Mayor Juslmann, Coun. cilmen Lllndh, Meyers, Stackis. Nays-None. Absent_Councilman Brady. Harry Neustadt of the Beautifi- cation Committee addressed the Côuncil relative to the communi- cation. Councilman Stackis moved that the communication be reo ferred to the Council. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. A-bsent-C9uncilman, Brady. Petition' of Iowa Northwestern ;Development Corp. requesting the iI)stallation of seven street lights 'in Arbor Oaks Subd., presented and read. Councilman Meyers moved that the petition be referred to .the City Manager and, Electrical Inspector for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Juslmann, Coun. cilmen Lundh, Meyers, Stack!s. Nays-None. Absent-Councilman Brady. Petition of Loras College Home. coming Group requesting a parade permit for Saturday, October 11, 1975, presented and read. Mayor Justmann moved that the request be granted and referred to the City Mauager for implementation. Sec- onded by Councilman Stackis. Car. ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-Noue. , Absent-Collncilman Brady. Petition of Loras-Glarke Colleges requesting the Mayor to ride in their Homecoming Parade on Sat- urday, October 11th, presented and read. Councilman Stackis moved that the request be approved sub. ject to approval of the City Man- ager. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Petition of Dubuque Sports Un. limited Inc., requesting an imme' diate solution to parking difficul- ties at Petrakis Ball Park, pre. sented and read. Steve Greenberg, General Manager of Dubuque Packers, addressed the Council and stated they are anxious to make the ballpark area a good looking place. Councilman Stackis moved that the petition of Du- buque Sports Unlimited Inc. be reo ceived and filed and referred to the City Manager with a report in conjunction with the overall 4th to 6th Street area report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Petition of Wahlert High Schôol Sophomore Class requesting pe¡:. mission to conduct their al!nua'! Homecoming Parade on October 9, 1975, presented .and read. Council' mall Stackis, moved that the' re. quest be approved subject to final approval of the City Manager. Sec. onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann,Côun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Petition of Optimist Club re- questing a proclamation from the Mayor on "Youth Appreciation Week," presented and read. Coun- cilman Stackis moved that the pe- tition be received and filed and the week of November 9 through 15 so proclaimed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councihnan Brady. Petition of Dubuque Y's Men's Cluh requesting permission to con- duct the annual Halloween Parade on Thursday evening, October 30, 1975, presented and read. Council- man Stackis moved that the re- quest be approved subject to final approval of the City Manager, and that October 29th from 6:00 P.M. to 8:00 P.M. be declared "Trick or Treat Night." Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Petition of St. Columbkille's Church requesting a refund of $225 on the unexpired portion of Beer License No. B-2308, discon- tinued business on September 1, 1975, presented and read. Council- man Stackis moved that the re- fund be granted and the City Audi- tor be directed to issue proper war. rant. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to dispose of interest in Lot 2 ,of 1 of 1 of Block 6 in River Front, Subd. No.3 to Ber- wanger Boiler Shop Inc., presented and read. No written objections were filed and no oral objectors were present in the Council Cham- ber at the time set for the hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Abseut-Councilman Brady. RESOLUTION NO. 348.75 WHEREAS, by Resolution No. 341.75 adopted on the 15th day of September, 1975, the City Council of Dubuque, Iowa, approved the application of Berwauger Boiler Shop, Inc. to have the City of Du- buque reconvey certain property to said applicant for the purpose of correcting a titie problem aris- ing out of a conveyance of Sep- tember 16, 1968; and WHEREAS, pursuant to said Res- olution, the City Clerk published notice of intent to dispose of in- terest in real estate in the Tele- graph-Herald, a newspaper of gen. eral circulation published in the City of Dubuque, Iowa, on the ¡8th day of September, 1975; and WHEREAS, pursuant to the aforesaid Resolution and publica- tion of notice, the City Council of Dubuque, Iowa, met on the 29th day of September, 1975, at 7:30 p.m. in the City Council Chambers, City Hall, Dubuque, Iowa, to con- sider the proposal to reconvey to Berwanger Boiler Shop, Inc. any and all interest of the City of Du. buque, Iowa, in the follOwing de- scribed real estate, to-wit: Lot 2 of Lot 1 of Lot 1 in Block 6, River Front Subdivi- sion No.3 in the City of Du- buque, Iowa, containing ap- proximately one-half acre; subject to easements of rec- ord and existing easements, to. gether with perpetual ease- meut, in, over and across the 30 foot wide strip of Lot 2 of Lot 1 of Block 6 abutting the real estate herein con. veyed for purpose of ingress and egress, which easement shall not extend beyond the easterly edge of the railroad right of way easement; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the in- terest of the City of Dubuque, Iowa, in the above described real estate by reconveyance thereof to Berwauger Boiler Shop, Inc. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That the disposal ,of any interest of the City of Du- buque, Iowa, iu the following de- scribed real estate, to-wit: Lot 2 of Lot 1 of Lot 1 in Block 6, River Front Subdivi- sion No.3 in the City of Du. huque, Iowa, containing ap- proximately one-half acre; subject to easements of record and existing easements, togeth- 498 Special Session, September 29, 1975 Special Session, September 29, 1975 this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen er with perpetual easement in, over and across the 30 foot wide strip of Lot 2 of Lot 1 of Block 6 abutting the real estate herein conveyed for pur- pose of ingress and egress, which easement shall not ex- tend beyond the easterly edge Attest: of the railroad right of way Leo F. Frommelt easement City Clerk by means of conveyanc~ of said Councilman Meyers moved adop. property to Berwanger B~iler Shop, tiou of the resolution. Seconded by Inc. be and ~he same is her~bY Councilman Stackis. Carried by the approved, subJe~~ to the followmg following vote: terms and coudItlOns:.. Yeas - Mayor Justmann, Coun- A. That the conSlderatlOn for cilmen Lundh, Meyers, Stackis. said reconveyance to Berwanger Nays-None. Boiler Shop, Inc. shall be the sum Absent-Councilman Brady. of $5,274.20 previously paid to the City of Dubuque, Iowa, on or about Proof of Publication, certified to September 16, 1968 and no addi- by the Publisher, ?f Notice of Pen. tional compensation shall be reo dency on ResolutlOn of Necessity quiredfor said conveyance. for Construuction of the 5th Street . Parking Lot in the Urban Renewal B. That the CIty of Dubuque Area, presented and read. No writ- grant unto the purchaser a per- ten objections were filed and no petual e~s~ment over a portion. of oral objectors were present in the the adJommg real. estate ~buttmg Council Chamber at the time set the property he~em described for for the hearing. Councilman Stack- the purpose of ,~gress and egress is moved that the proof of publi. by Berwanger BOller Shop, Iuc. cation be received and filed. Sec. C. That the City of Dubuque re- onded by Councilman Meyers. Car- taln a perpetual easement for ex- ried by the following vote: isting water lines, existing sanl- Yeas - Mayor Justmann, Coun. tary sewer and storm lines, and for cilmeu Lundh, Meyers, Stackis. utilities, together with the right of Nays-None. ingress and egress to repair, in. Absent-Councilman Brady. spect and maintain the same. (Necessity for Improvement) D. That all costs of publication RESOLUTION NO 331.75 and costs incid~ntal to said con. WHEREAS, propo;ed plans, veyance be paid by Berwanger specifications form of contract Boiler Shop, Inc., the grantee. have been d~IY prepared and ap. Section 2. That said conveyance p~oved by the City Council of the be by quit claim deed from the CIty. of Dubu<!ue and are. now on City of Dubuque, Iowa, as gran- file '!' the offiCe of the C~ty Clerk tor, to Berwanger Boiler Shop, ShOWi~g among other thmgs the Inc., an Iowa corporation, as gran. followmg:. tee 1. An estImate of the cost of the . proposed improvement for the 5th Section 3. That the City Clerk be Street Parking Lot. and he is hereby authorized and BE IT THEREFORE RESOLVED directed to deliver the said quit that the City Council on its own claim deed of conveyance to Ber- motion or upon petition of prop- wanger Boiler Shop, Inc. upon re- erty owners, deems it advisable ceipt of payment covering the and necessary for the public wel. costs of publication and other fare to make the hereinmentioned costs incidental to said conveyance. improvement, and unless property . . owners at the time of the final Section 4. That the Ci~y Clerk consideration of this proposed res- b~ and he 18 hereby auth~r~zed and olution have on file with the City directed to rec?rd ~ certIf¡e~ copy Cierk objections to the proposed of thiS ResolutlOn m the offiCe of improvement, they shall be deemed the Dubuque County Recorder. to have waived all objections there. Passed, adopted and approved to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there. fore by the City Eugineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Park. ing Fund. The above resolution was iutro- duced, approved, and ordered placed on file with the City Clerk this 8th day of September, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved final adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. l5ecision of Council upon objec. tions to plans, specifications, form of contract and cost of improve. ments. RESOLUTION NO. 349-75 WHEREAS, proposed plans and specifications and form of contract for the construction of the 5th Street Parking Lot have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1975, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of aU objections to said plans, specifications or con- tract for or cost of such improve. meuts, said time being this 29th day of September, 1975; and WHEREAS, the City Council met in special session this 29th day of September, 1975, at 7:30 o'clock P.M. at the Council Cham. bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all 499 objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con. sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said Improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald RMeyers Councilmen Attest: Leo F.Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Couucilman Brady. (Ordering Construction) RESOLUTION NO. 350.75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 331-75 which was duly passed by this Council for the construction of the 5th Street Parking Lot. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own. ers. - - 500 Special Session, September 29, 1975 Special Session, September 29, 1975 All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Parking Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECES- SITY shan be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tiou of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilmau Brady. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency on Resolution of Necessity for the Construction of the San Jose Swimming Pool parking lot and access sidewalk, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Coun- cilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. (Necessity for Improvement) RESOLUTION NO. 337.75 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The parking lot and sidewalks to be improved. 2. The width of such improve. ment, and the size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. For the San Jose Swimming Pool parking lot and access sidewalk. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections; they shall be deemed to have waived all objec. tions thereto. Said improvement shall he con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Community Devel- opment Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of September, 1975. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Contractors for Construction of San Jose Pool Parking Lot and Ac- cess Sidewalk, presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Council. man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilmau Brady. Proof of Publication, certiiied to by the Publisher, of Public Notice pursuant to environmental proced- ures for the Community Block Grant Program, indicating no sig- nificant effect on the environment for a project identified as the San Jose Swimming Pool, presented and read. Councilman Lundh moved that the proof of publica- tion be received and filed. Second. I ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 29, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed bids were received until 10 a.m., Monday, September 29, 1975 for the San Jose Swimming Pool Parking Lot and access walk. The lowest bid was entered by Tri State Paving, Division of Dubuque Stone Products Company of Du- buque, Iowa. Their bid was $19,924.75 which is 2.90% under the estimate. I recommend that the contract for the improvement be awarded to the Tri State Paving, Division of Dubuque Stone Products Com- pany subject to the environmental review comments which may be submitted until October 10, 1975. The contract will not be executed I until the U. S. Department of Housing and Redevelopment has released the funds for the project. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Attest: Leo F. Frommelt City Clerk Councilman Lundh moved final adoption of the resolution. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Conn. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice to (Awarding Contract) RESOLUTION NO. 351.75 WHEREAS, sealed proposals have been submitted by contrac. tors for the construction of San Jose Parking Lot and Access Side- walk pursuant to Resolution No. 339-75 and notice to bidders pub. lished in a newspaper published in said City on September 17, 1975 and September 24, 1975; and WHEREAS, said sealed proposals were opened and read on Septem- ber 29, 1975, and it has been de- termined that the bid of Tri-State Paving Company, Division of Du. buque Stone Products Company of Dubuque, Iowa in the amount of $19,924.75 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company, Division of Dubuque Stone Prod- ucts Company and the Manager be and he is hereby directed to exe. cute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to reo turn the bid deposits of the unsuc- cessful bidders. Approved and placed on file un. til October 10, 1975 pursuant to funds released from HUD and re- sponse to published notice. Passed and adopted this 29th day of Sep- tember, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councihnan Brady. 501 502 Special Session, September 29, 1975 Proof of Publication, certified to by the publisher, of Notice of time and place to dispose of interest in and to Windsor Avenue, as extend- ed from northerlymost houndary of Davis Avenue to Sisters of St. Fraucis of Dubuque County, Iowa, presented and read. No written ob- jections were filed and no oral ob- jectors were present in the Conn. cil Chamber at the time set for the hearing. Councilman Meyers moved that the proof of publica- tion be received and filed. Second. ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Abseut-Councilman Brady. RESOLUTION NO. 352.75 WHEREAS, pursuant to Resolu. tion of published notice of time aud place of hearing, published in the Telegraph.Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on Sep. tember 12, 1975, the City Coun- cil of the City of Dubuque, Iowa met on the 29th day of September, 1975, at 7:30 o'clock P.M. (Central Daylight Time) in the City Coun- cil Chambers, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque, Iowa, in real estate, here- i1after described, to the Sisters of Saint Francis of Dubuque Coun. ty, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa over- ruled any and all objections, oral or written, to the proposal to dis- pose of interest of the City of Du- buque, Iowa, in the hereinafter de- scribed real estate to the Sisters of Saint Francis of Dubuque Coun- ty, Iowa: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of interest of the City of Dubuque, Iowa in the following described real estate, to-wit: Windsor Avenue, as extended, from the northerlymost bound- ary of Davis Avenue, as wid- ened, in the City of Dubuque, Iowa to the Sisters of Saint Francis of Dubuque County, Iowa for the sum of One ($1.00) Dollar and costs of publication and that no abstract of title will be furnished and that conveyance shall be by Quit Claim Deed, be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of con- veyance conveying the above de- scribed real estate to the Sisters of Saint Francis of Dubuque Coun. ty, Iowa upon receipt of payment price in full. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop. tiou of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. August 29, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has reo viewed the final plat of "Stone Hill Community Subdivision No.1" in the City of Dubuque, Iowa. The property abuts the extension of Windsor Avenue north of Davis Avenue. The Commission has determined that the plat conforms to the ap- proved preliminary plat of this area and meets the requirements of the Subdivision Ordinance. The Commission has approved the final plat, and recommends the approval of the City Council. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Stackis moved that the communication be received and filed. Seconded by Councilman ~- - .. -- Special Session, September 29, 1975 503 Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. September 25, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of "Twin Ridge Subdivision No.2." This subdivision is located outside of the Dubuque city limits hut within the jurtsdictioual area prescribed in the platting statute, Chapter 409.14, Code of Iowa, 1975. Tbe Commission has expressed a concern, since 1973, that subdivi- sion activity beyond our corporate limits created certain burdens up- on the City of Dubuque as those subdivisions had failed to provide improvements equal to require- ments enforced with the city. The Commission is now considering possible amendment to our Subdi. vision Ordinance No. 65.57, to clarify those development stand- ards that had heretofore been en- forced only through administrative policy. You should note that the pres- ent "Twin Ridge" Subdivision had complied with full improvement requirements beginning in 1971, even though it was not, at that time, within the official jurisdic- tion of the City. The second phase of development, now before you as "Twin Ridge Subdivision No. 2" also conforms with preliminary plats and improvement agreements made in 1971, and the plat Resolu- tion, attached, provides for the fun improvement of streets, storm drainage, sanitary sewage collec- tion and treatment, and water sup- ply systems according to city and state specifications. On this basis, the Planning and Zoning Commis. siou has endorsed the plat, and thereby recommends your approv- al of it. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Attorney Michael King appeared before Council, on behalf of the Subdivision owners. Councilman Stackis moved that the commuunication be received and filed. Seconded by Council. man Meyers. Carried by the fol. lowing vote: Yeas - Councilmen Lundh, Meyers, Stackis. Nays-Mayor Justmann. Absent-Councilman Brady. RESOLUTION NO. 353.75 Resolution Approving The Plat Of "Stone Hill Community Sub- division No.1" WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Stone Hill Community Subdiviston No. I" iu the City of Dubuque, Iowa, by The Sisters of St. Francis of Du. buque, Iowa, the owner, and by Stone Hill Development Corpora- tiou, au Iowa corporation, herein- after referred to as the "Develop- er"; and WHEREAS, upon satd plat ap- pears a street to be known as Windsor Avenue which the owner by said plat has dedicated to the public; and WHEREAS, upon said plat ap- pears an area encompassing a por- tion of Lots 2 and 3 of said Sub- division varying in width from 60 to 61.71 feet which is an easement area for a future roadway and is intended to replace and be a sub- stitute for the street dedication and easement received by the City from The Sisters of St. Francis by instrument dated October 28, 1949, filed in Book 18 of Plals, pages 92 and 93, Records of the County Recorder, Dubuque County, Iowa, with respect to tile area lying north of Davis Avenue; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had ils approvai endorsed thereon, and WHEREAS, The Sisters of St. Francis of Dubuque, Iowa, have contracted to sell Lot 2 of said Sub- division to Stone Hill Development Corporation; and WHEREAS, Stone Hill Develop- ment Corporation will be the de- veloper of said Lot 2, pursuant to a Planned Unit Development plan heretofore approved for said Lot 2, which development, together with the plans and specificatIons therefore have been approved by the City of Dubuque; and WHEREAS, the said plat has been examined by the City Council 504 Special Session,September 29, 1975 and they find that the same con. forms to statutues and ordinances relating thereto, except that street grades have not been established, the street brought to grade, or pav- ing, sewer, water or sidewalk in- stalled; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Windsor Avenue, together with the easements for public utilities as the same appear ou said plat, be and the same are hereby accepted; Section 2. The City of Dubuque, Iowa hereby vacates the easement for roadway granted to it by The Sisters of St. Francis of Dubuque, Iowa, by instrument dated October 28, 1949, and filed in Book of Plats 18, pages 92 and 93, Records of the County Recorder, Dubuque County, Iowa, except the South 30 feet of the West 20 acres of Lot 2 of the SW '\14 of the SE '/4 of Sec- tion 12, T 89 N, R 2 E of the 5th P.M.,Dubuque, Iowa (see Resolu. tion No. 313-49 of the City of Du- buque, Iowa); and the Mayor and Clerk of the City of Dubuque are authorized and directed to execute such hlstrument of vacation of said easement and quit claim deed to said Sisters as will accomplish the purpose of this section of this Resolution; Section ~. That the plat of "Stone Hill Community Subdivision No. 1" in the City of Dubuque, Iowa, be and the same Is hereby ap- proved and the Mayor and City Clerk are hereby auuthorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat, provided the aforesaid Developer, Stone Hill Development Corporation, executes its written acceptance hereto attached, agree- ing as follows: a. To reduce to grade Windsor Ave- nue as shown on said plat from North line of Davis Avenue and to construct concrete curb and gutter and to hard surface said Windsor Avenue with hitumi. nons concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque Standards Specifications. b. To install water mains from Da. vis Avenue northerly to Lot 2 of said Subdivision in. accordance with plans and specifications filed by the Developer in the Office of the City Engineer, City of Dubuque, Iowa. c. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans and speci- fications filed by the Developer in the Office of the City Eugi- neer. d. To install storm sewers and catch basins in accordance with plans and specifications filed by the Developer in the Office of the City Engineer. e. To install concrete sidewalks in accordance with plans and speci- fications filed by the Developer in the Office of the City Engi. neer. f. To construct the foregoing 1m. provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager. g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance. by the City of Du- buque, Iowa. h. To provide the foregoing con. struction and maintenance at the sole expense of the Devel- oper, Stone Hill Development Corporation. i. To construct said improvements according to the following sched. ule. 1. Sanitary sewer mains described in Section 4, hereof, shall be constructed prior to Septem. ber 29, 1977; , 2. Windsor Avenue and water mains, both lying between points 1,200 feet and 1,925 feet north of the north line of Davis Avenue shall be con- structed prior to September 29, 1977: 3. The balance of Windsor Ave- nue and water mains, both ly- ing north of the north line of Davis Avenue, and all side. walks shown upon plans filed by the Developer in the Office of the City Engineer, shall be constructed prior to Septem. ber 29, 1981, and provided further that no Buuilding Per- mit shall be issued for either Special Session, September 29, 1975 505 a thirty-first (31st) dwelling upon Lot 2 of the plat or for any .other principal building upon Lot 3 or Lot 4 of the plat, until the installation of said Windsor Avenue and wa- ter main shall have been se- cured, according to a schedule of completion and a perform. ance bond or other surety ac- ceptable to the City Manager. Section 4. Owner and Developer covenant and agree the sanitary sewer from the manhole near the westerly boundary of Lot 2 of said Subdivision (as shown on plans on file in the Office of the City En- gineer, City of Dubuque, Iowa) and continuing westerly to the sanitary sewer along Peru Road, will be dedicated to the City of Dubuque, Iowa, upon installation and there- upon same will become a public sanitary sewer- Section 5. That the Developer shall secure the performance of the foregoing conditions with such corporate surety as may be ap. proved by the City Manager of the City of Dubuque,Iowa. Section 6. That if the Developer, Stone Hill Development Corpora- tion, shall fail to execute the ac- ceptance and furnish the security provided for in Section 5 hereof within forty-five (45) days after the date of this Resolution, the provi- sions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shan not be effective. Passed, adopted and approved this 29th day of September, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk We, the undersigned, Sisters of Saint Francis of Dubuque, Iowa, having read the terms and condi- tions of the foregoing Resolution No. 353-75, and being familiar with its contents, and being a duly au- thorized office of said corporation, do hereby accept the same and agree to perform the conditions re- quired therein. Dated at Dubuque, Iowa this 20th day of October, 1975. Sister Jordan Dahm Vice President, Sisters of Saint Francis of Dubuque, Iowa, as Owner We, the undersigned, James H. Richard, "Stone Hill Development Corporation," having read the terms and conditions of the fore- going Resolution No. 353-75, and being familiar with its contents, and being a duly authorized officer of said corporation, do hereby ac. cept the same and agree to per- form the conditions required there. in. Dated at Dubuque, Iowa this 3rd day of October, 1975. isl James H. Richard President, Stone Hill Development Corporation, as Developer To: Leo F. Frommelt City Clerk Dubuque, Iowa This is to certify that the se- curity provided for by the fore- going Resolution No. 353-75 has been furnished by the Developer and is approved. Dated at Dubuque, Iowa, this 20th day of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent-Councilman Brady. RESOLUTION NO. 354.75 RESOLUTION Approving Plat of "TWIN RIDGE SUBDIVISION NO. 2" in Section 12, Table Mound Township, Dubuque County, Iowa. WHEREkS, there has been filed with the City Clerk a plat of the Subdivision to be known as TWIN RIDGE SUBDIVISION NO.2; and WHEREAS, upon said plat ap- pear streets to be known as St. Joseph Drive (temporarily), Tim- othy Street and Shane Street, to- gether with certain public utility easements which the owners. by said plat have dedicated to the public forever; and WHEREAS, said piat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and 506 Special Session, September 29, 1975 WHEREAS, said plat has been examined by the City Council and they find that said subdivision lies within the jurisdictionai area of I the City of Dubuque pursuant to Section ~O9.14 of the 1975 Code of Iowa; and also that same cou- forms to statutes and ordinances relating thereto, except that street grades have not heeu established, the streets brought to grade, or paving, sewer or water instailed; NOW THEREFO'RE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE ŒTY OF DUBUQUE, IOWA: Section 1. That the plat of "TWIN RIDGE 'SUBDMSION NO. 2",Dubuque County, Iowa, he and the same is hereby approved and the Mayor and City Cierk are hereby authorized and directed to endorse the approval of the City Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached agreeing: a. To reduce ail streets to grade and to construct concrete curb and gutter and to hard surface St. Jo- seph Street, Timothy Street and Shane Street with bituminous con- I crete, or with concrete paving with integral curb, ail in accordance I with City of Dubuque standard specifications; b. To instail sanitary sewer mains, sewer service laterals and sewage plumbing facility in ac. cordance with plans submitted with the plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To construct the foregoing improvements iu accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; e. To install storm sewers and catchbasius in accordance with plans submitted with the plat. £. To provide the foregoing con- struction and maintenance at the sole expense of the Subdividers, Raymond M. MueUer and Grace M. Mueiler, as owners; g. To construct said improve. ments prior to October 1, 19'76 and further provided that said Ray- mondM. Mueiler and Grace M. Muciler, as owners of said Sub. division, secure the performance of the foregoing condition in a manner acceptable to the City Mauager. Section 2. That in the event Raymond M, Mueiler and Grace M. Mueiler shail fail to execute the acceptance and furnish the secur- ity provided for in Section 1 here. of within 45 days after the date of this Resolution, the provisions hereof shail be nuil and void. Passed, adopted and approved this 29th day of September, A,D., 1975. C. Robert Justmann Mayor Emil Stackis Donald R. Meyers Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt ,City Clerk State of Iowa ) ) so. County of Dubuque) I, Leo F. Frommelt, do hereby certify that I am the duly appoint- ed, qualified City Clerk of the City of Dubuque in tbe county aforesaid, and as such Clerk attest to the above Resolution. Leo F. Frommelt City Clerk of the City of Dubuqne ACCEPTANCE O'F RESOLUTION NO. 354.75 We, the undersigned, Raymond M. Mueiler and Grace M. Mueiler, havtng read the terms and condi- tions of the foregoing Resolution No. 354-75 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there. in. Dated at Dubuque, Iowa, this 8th day of October, 1975. Raymond M. Mueller Grace 'M. Mueiler Councilman Stackis moved adop- tion of the resolution. Seconded by CouucilmauMeyers. Carried by the foilowing vote: Yeas - Councilmen Lundh,Mey- erg, Stackis. Nays - Mayor Justmann. Abseut - Councilman Brady. Special Session, September 29, 1975 507 RESOLUTION NO. 355.75 AUTHORIZING THE EXECUTION AND DELIVERY OF DEED TO DUBUQUE FIVE FLAGS CENTER FUND FOR SALE OF LAND IN THE ,DOWNTOWN URBAN RE. NEWAL PROJECT, IOWA R-15 WHEREkS, under date of Sep. tember 17, 1975, the City of Du- buque and Dubuque Five Flags Center Fund entered into a Con- tract for the Sale of Land iu the Downtown Urban Renewal Project, Iowa R-15, for private redevelop- ment: and WHEmAJS, Dubuque Five Flags Center Fuud has compiled with the conditions of said Contract and has requested the City of Dubuque to execute and deliver to them a Deed for that segment of the total property scheduled to be conveyed as of this date; now therefore BE IT RESOLVED BY THE CITY COUNCIL O'F THE Cny OF DUBUQUE, ,]OWA: SECTION 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Deed to Dubuque Five Flags Center Fuud for the sale of Disposition Parcels 11-1, 11-2, 11-3, and 11-4 in the Downtown Urban Renewal Project, Iowa 'R-15, legaily described as Lot 1 of Black 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, containing 33,273.4533 square feet. SECTION 2. That the Director of the Department of Housing and Redevelopment is hereby authoriz- ed and directed to deliver said Deed to Dubuque Five Flags Cen- ter Fund, upon receipt of the pur- chase price of $106,533.05. Passed, approved and adopted this 29th day of September, 1975. C. Robert Justmaun Mayor Alvin E. Lundh . Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the foUowing vote: Yeas - Mayor Justmann, Couu- cilmeu Lundh, Meyers, Stackis. 'Nays-None. Absent - Councilman Brady. September 24, 1975 Honorable Mayor and City Council The City .of Dubuque Planning and Zoning Commission has re- viewed the final plat of "Asbury Springs Subdivision No.1" in the City of 'Dubuque, Iowa. The Commission has determined that the final plat is in substantial conformance with the conceptual development pIau for the Powers Farm as considered in association with zoning reclassifications made in 197,3. It is the recommendation of the Planning and Zoning C.om. mission that the final plat be ap- proved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Attorney Leo 'McCarthy appear. ed before the Council on behalf of the owners of the Subdivision. Councilman Stackis moved that the communication be received and fil- ed. Seconded by Councilman Luudh. Carried by the foilowing vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 356.75 RESOLUTION APPROVING THE PLAT OF "ASBURY SPRINGS SUBDIVISION NO.1" IN THE CITY OF DUBUQUE, IOWA. WHER'EJAJS, there has been filed with the City Clerk a plat of the Subdivision to be known as Asbury 5prings Subdivision No.1 iu the City of Dubuque, Iowa, by Asbury Springs, Ltd., a Limited Partner- ship, and Donald J. Kaiser and Jo Ann C. Kaiser, Husband and Wife, and WHEREAS, upon said plat ap- pear streets to be known as NOT APPLICABLE together with cer- tain public utility easements which the Owners by said plat have dedi. cated to the public forever: and WHEJREJAS, said plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Douald R. Meyers ,Councilmen TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 356-75 hasbCen furnished by the owners. Dated at Dubuque, Iowa, this 9th day of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Sccondedby Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays - None. Absent - Councilmau Brady. Councilman Stackis further mOv- ed that the resolution be sub- ject to recommendation of City Solicitor that when demand is made, that Hillcrest Road wili be dedicated. Seconded by Mayol' Just- maun. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmeu Lundh, Meyers, Stackis, Nays - None. Abseut - Councilman Brady. Communication of West Side Business and Professional Associa- tion of Dubuque Inc., informing the Council of its .organization con- sisting of various businesses and professional persons in the west end of the community offering their assistance 'relating to matters of zoning, traffic, annexation, city 508 Special Session, September 29, .1975 Special Session, September 29, 1975 509 have not been established, the f. To construct all improvements streets brought to grade, or paving, iu compliance with any and all or water installed; applicable City of Dubuque Spec- NOW THEREJFORE, BE IT RE- ificati?ns and as approved by SOLVEID BY THE CITY COUNCIL the CIty Eugmeer. OF THE ClTYOF DUBUQUE, g. To maintain the for~going im- IOWA- provemeuts for a perIOd of four Section 1. That the dedications (4) years from the da~e of their of Asbury Springs Subdivision No,. acceptance by the CIty of Du- 1, together with the easements for buque, I~wa, . public utilities as the same appear h. To p~oV1de the. foregomg con- upon said plat, be and the same ~~~~c~~~e~~~ ~r"'~~:n~~~~i~\J~; are he.reby accepted; Asbury Springs, LM., a Limited SectIon, 2. That the plat of As- Partnership and Donald J Kais- bury springs Subdivision No.1 in er and Jo Ann C. Kaiser: Hus- the CIty of Dubuque, Iowa, be and band and Wife as owners' the same is her~bY approved and i. To construct s~id improv~ments, the Mayor. and CIty Clerk are here- except sidewalks, prior to Sep. by authorIzed and dIrected to en- tember 1, 1976, and to construct dorse the approval of the CIty of the sidewalks prior to NOT AP' Dubuque, Iowa, upon said plat, PLICABLE' provided the owners of said pro~- j. To install' in accordance with ertf' herein named, execute their C i t y specification, boulevard wrItt~n acceptance hereto attached street lighting within thirty (30) agreemg: days after the completion of the a. To reduce aU streets to grade adjacent curb and gutter within and to construct concrete curb any particular section of the and gutter and to hard surface proposed subdivision. NOT APPLICABLE with bitnm. and further provided that said inous concrete, or with concrete Asbury Springs, Ltd., a Limited paving with integral curb, all iu Partnership and Donald J. Kaiser accordance with City of Dubuque and Jo Ann C. Kaiser, Husband standard specifications; Provid. and Wife, as owners of said Sub. ed, however, this provision shan division, secure the performance of be applicable and operative upon the foregoing conditions by pro- Resoiutiou of City Council of viding security in such form and City of Dubuquc to dedicate Hili- with such sureties as may be ac- crest Road as platted and owners ceptable to the City Manager. and developers agree to dedicate Section 3. That iu the event As. Same and who shaH secure the bury Springs, LTD., a Limited improvement of said roadway hy Pa,rtnership, and Don,ald J. Kaiser appropriate surety, etc.; and Jo An,n C. Kaiser, Husband b. To dedicate previously installed and Wife, shall fail to execute the sanitary sewer mains and sewer acceptance and furnish the secur. service laterals in accordance ity provided for in Section 2 here. with plans previously snbmitted; of within 45 days after the date of c. To install water mains and water this Resolution, the provisions service laterals within the fie' hereof shall be null and void and utility easement to connect an the acceptance of the dedication existing main at the intersection and approval of the plat shall not of Hilicrest Road and 'Pasadena be effective. Drive with an existing main Passed, adopted and approved terminated at the Northwest by unanimous recorded roB can (NW) corner of Lot 2 of Lot 1-1-1 this 29th day of September, A.D., of powers Farm; 1975. d. To iustaH storm sewers and catchbasins iu accordance with plans submitted with the piat: NOT APPLICABLE e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; NOT APPLICABLE ATTEST: Leo F. From¡nelt City Clerk - ACCEPTANC,E OF RESOLUTION NO. 356-75 We, the undersigned David J. Powers and Paul W. Powers, Gen- eral Partners of Asbury Springs Ltd., a limited Partnership, and Donald J. Kaiser and Jo Ann C. Kaiser having read the terms and conditions of the foregoing Resolu- tion No. 356-75 and being familiar with the conditions thereof, hereby accept the same and agree to per- form the conditions required there- ill. Dated at Dubuque, Iowa, this 3rd day of October, 1975. Donald J. Kaiser Jo Anu C. Kaiser ASBURY SPRINGS LTD. a limited partnership By David J. Powers General Partner and Paul W. Powers General Partner services to facilitate orderly growth, presented and read. Councilman Lundb moved that the communica. tion be received and filed and re- ferred to Council and City Man- ager. Seconded by Councilman StackIs. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays - None. Absent - Councilman Brady. September 25, 1975 Honorable Mayor and City Councn The City of Dubuque Planning and Zoning Commission has reo viewed the final plat of Block 15 in "Sunrise Heights" Subdivision in the City of Dubuque, Iowa. The subject property lies on an exten. sion of Berkley Place north of Kane Street. The Commission has determined that the plat conforms to the ap- proved preliminary plat of this area and meets the requirements of the Subdivision Ordinance. The Commission has approved the final plat. and recommends the approval of the City Council. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Developmeut Planne.r Councilman Stackis moved 'that the commuuiction be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - May,or Justmaun, Coun- cilmen Lundh, Meyers, Stackis. Nays-None. Abseut - Councilman Brady. RESOLUTION NO. 357.75 RESO'LUTION APPROVING THE PLAT OF BLOCK 15 IN "SUN. RISE HEIGHTS" IN THE CITY OF DUBUQUE, IOWA WHEJREAS, there has been filed with the City Clerk a plat of the Subdivision to bc known as B1ock 15 in "Sunrise Heights" in the City of Dubuque, Iowa, by James H. Richard and Darlene H. Richard; and WHEREAS, upon said plat ap- pear streets to be known as Mea- dow Wood Drive, Berkley Place and Boyer Street,. together with certain public utility easements which the Owners by said plat have dedicated to the public for- ever: and 510 Special Session, September 29, ¡975 WHiEJREAS, said plat has been examined by the City Planning and Zoning 'com, mission and had its ap'l proval endorsed thereon; and WHERiEAS, said plat has been examined -by the City Council and they find that the same con- forms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW 1)HElREJFORE, BE IT RE- SOLVED BY THE CITY GOUNOllL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Meadow Wood Drive, Berkley Piace, and Boyer Street, together with the easements for public util- ities as the same appear upon said plat, he and the same are hereby accepted: Section 2. That the plat of Block IS iu "Sunrise Heights" in the City of nubuque, 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 nubuque, Iowa, upon said plat, provided the owners of said pmperty herein named, execute their written ac- ceptauce hereto attached agreeing: a. To reduce ail streets to grade and to construct concrete curb and gutter and to hard snrface Meadow Wood Drive, Berkley Place and Boyer Street with hi- tuminous concrete, or with cou- crete paving with integral curb. all in accordance with City of Dubuque standard specifications; b. To instail sanitary sewer mains and sewer service laterals in ac. cordance with plans submitted with the plat: c. To instail water mains and water service laterals iu accordance with plans submitted with the plat; d. To install storm sewers and catchbasins iu 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 Mauager; f. To construct the foregoing im. provemeuts in accordance with plans and specifications approv. ed by the City Manager, under the Inspection of the City Engi- neer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, James H. Richard and Darlene H. Richards, as owner; i. To construct said improvements, except sidewalks, prior to Aug. 1, 1977, and to construct the side. walks prior to August 1, 1979; and further provided that said James H. Richard and Darlene H. Richard, as owner of said Subdivi- sion, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may he ac- ceptable to the City Manager. 5eciton 3. That iu the event James H. Richard and Darlene H. Richard, shall fail to execute the acceptance and furnish the secur. ity provided for in Section 2 hereof within 45 days after the date of this Resolutiou, the provisions hereof shail be nun and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roB call this 29th day of September, A.D., 1975. C. Robert Justmann Mayor Alvin E. Luudh EmU Stackis Donald 'R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 357.75 We, the undersigned James H. Richand and Darlene H. Richard having rcal the terms and condi- tious of the foregoing Resolution No. :>57.75 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there- in. Dated at Dubuque, Iowa this 29th day of October, 1975. James H. Richard nariene H. Richard TO: Leo F. Frommelt City Clerk Special Session, September 29, 1975 511 This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 357-75 has been furnished by the owners. Dated at Dubuque, Iowa this 29th day of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Lundh, Meyers, Staekis. Nays - Noue. Absent - Councilman Brady. RESOLUTION NO. 358.75 WHERE-,"S, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW l1HEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applieations be granted and permits issued upon the compliance with the terms of the Ordinauees of the City. CLASS "C" BEER PERMIT National Tea Company, Del Farm Food Store, 2013 Central Avenue Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald oR. Meyers Couneilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Couneilman Meyers. Carried by the following vote; Yeas - Mayor Justmann, Coun. cilmen Lundh, Meyers, Stackis. Nays - None. Absent - Councilman Brady. RESO'LUTION NO. 359.75 WHEREAS, applieations for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREJFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named applicants a Beer Per. mit. CLASS "C" BEER PERMIT National Tea Company, Del Farm Food Store, 201:> Central Avenue Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis nonald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Luudh. Carried 'by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Lundb, Meyers, Stackis. Nays-None. Absent - Councnman Brady. RESOLUTION NO. 360-75 WHEREAS, applications for Beer Permits have been submitted to tbis Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Duhuque, IoWa, that the following applicaiions be granted and permits issued upon the com. pliance with the terms of the Ordi- nances of the City. CLASS "B" BEER PERMIT Holy Trinity Catholic Church (Also Sunday Sales), 1700 Rhomberg Avenue Passed, adopted and approved this 29th day of September 1975. C. Rohert Justmann 'Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmeu Lundh, Meyers, Stackis. Nays - None. Absent - Councilman Brady. 512 Special Session, September 29, 1975 RESOLUTJON NO. 361-75 WHEREAS. applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and .found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Couucli of thc City of - Dubuque, Io,wa, that the Manager be authorized to cause to be issued to the foUowing named applicants a Beer Permit. CLASS uB" BEER PERMIT Holy Trinity Catholic Church (Also Sunday Sales), 1700 Rhomberg Ave. Passed, adopted and approved this 29th day of September 1975. C. Robert Justmann Mayor Alvin E. Luudh Emli Stackis Donald R. Meyers Counclimen ATTEST: , Leo F. Frommelt , City Clerk Councilman. Stackis moved adop- tion -of the resolution. Seconded by ~CO1¡ncilmau;Lundh. Carried 4Y the foilowing vote: Y~as -' Mayor Justmann, Coun- climiin, Lundh, lIieyers, Stackis. I. rays".,. None, Absent - Councliman Brady. RESOLUTION NO. 362-75 'WHEJREJl\.S, applications for Liq- uor, Licenses havc been su4mitted to this Councli for approval and 'the same have heen examined, NOW THEREFORE BE IT RE- 'SOLVED by the City councli of the City of Dùhuque, Iowa, that the following, applications be ap- proved and licenses issued upon the'compliauce with the provisions of Chapter 131; Acts of the First Regular Session, 64th General As- sembly. CLA5S uBu (HOTEL OR MOTEL) BEER AND LIQUOR LICENSE Iuns of Iowa, Ltd.--'Duhuque, Ra- madalnn - West (Also Sunday Sales), U.s. 20 and Mercer Drive ,CLASS, '~Cu (COMMERC'IAL) BEER AND LIQUOR LICENSE John P. Mihalakis (Also Sunday Sales), 2095 Kerper ,Blvd. ' Dorothy R. Hentges (Sunday Sales Only), 2412 Central Ave. Coletta A. Oyen (Sunday Sales Only), 1103 Iowa Street Passed, adopted and approved this 29th day of September, 1975. C. Robert Justmanu Mayor Alvin E. Luudh Emli Stackis Donald R. Meyers Councihuen 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 Justmanu, - Coun. climeu Luudh, Meyers, Stackis. Nays-None. Absent - Councliman Brady. RE50LUTION NO. 363.75 WHEREAS, applications for Liq. uor Licenses were filed by the within named applicants and they have received the approval of this Councli, 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 thcy have filed proper bonds, NOW TH!E)REFORE BE IT RE- SOLVED by the City Couucli of Dubuque, Iowa, that the Manager be authorized to eause to be is. sued to the, following named ap- plicants a Liquor License."" ' '/ CLASS uBu (HOTEL'OR 'MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Ltd., D1!buque" Ra- mada Inn - West (Also 'Sunday Sales), U.S. 20 and Mercer Drive CLAS5 uCu (COMMERCIAL) BEER , AND LIQUOR LICENSE John P. Mihalakis (Also Sunday Sales), 2005 Kerper Blvd., ., Dorothy U. Hentges (Suuday Sales Only), 2412 Central Ave. Coletta A. Oyen (Suhday Sales Only), 1103 Iowa Street' 'Passed, adopted and approved this 29th day of September 1975. C. Ròbert Justmann Mayor' , Alvin .Eo Lundh Emil Stackis Donald R. Meyers Councilmen ATTEJST: Leo F. Frommelt City Clerk 513 Special Session, September 29, 1975 Councilman Stackis moved adop- tion of the resolution, Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Couu- cilmen Lundh, Meyers, Stackis. Nays-None. Absent - Councilman Brady. Mr. James Gregory, Johu F. Gaushirt and Mr. Fred Valentine addressed the Counch relative to the tax structure and revaluations of properties in the City. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- climen Lundh, Meyers, Stackis. Nays-None. Absent - Councilman Brady. Leo F. Frommelt City Clerk Approved ..................1975 Adopted ........,..........1975 """""""""""""""""""""""""""""" ............................................................ """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" """"""""'cöüii~ï¡;;;ë~"""""""""'" Attest' .........................................'...... City Clerk