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1975 December Council Proceedings "" 10 IJJIIJI'...A"""""'.",."c"""""",,~~" Regular Session, December 1, 1975 603 CITY COUNCIL OFFICIAL ,Regular Session, December 1, 1975. Council met at 7:30 P.M. (C.S.T.) present-Mayor Justmann, Coun- cilmen 'Brady, Lundh, Tully. City Manager Gilbert D. Chavenall&. Absent - Councilman Stacki.. Inv""ation was given by Mrs. Audl'ey Mortenson. Mayor Justmann read the call and stated that service thereof had been duiy made and this is THE REGULAR MONTHLY MEETING OF THE CITY COUNCIL called for the purpose of acting upon such business as may properiy come before the Meeting. Communication of Dubuque Hu- man ,Rights Commission submitting minutes of their meeting of No- vember 13, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. Communication of Dubuque Air- port Commission submitting min- utes of their meeting of November 13, 1975, presented and read. Coun- cilman Lundh moved that the min- utes be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Slackis. Communication of Citizens Ad- visory Commission submitting min- wtes of their meeting of November 25, 1975; and, 1) recommending ad-I option of an Ordinance whereby labeling of all packaged items for sale in all retail establishments have a price visibly placed upon them, also, 2) that the Council con- sider publication of Council ageñda in the preceding Sunday's newspa- per to encourage increased public participation, presented and read. Councilman Brady moved that the minutes of the Advisory Commis- sion be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. Councilman Brady moved that Item #1 be referred to the City Solicitor to draw up an Ordinance in rough form for Council consid- eration and also refer to Advisory Commission to consider holding public hearings. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. Mayor Justmann moved that It- em #2, in reference to publication of agenda matter, be referred to the City Clerk for investigation and report. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. Communication of Mrs. Terry Ka- na voicing disapproval of zoning any areas in the City as "Adult Entertainment," presented and read. Councilman Lundh moved that the communic~tion be receiv- ed and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Slackis. November 26, 1975 Honorable Mayor and City Council Please be advised that I have approved a Certificate of Insur- ance issued by St. Paul Fire & Marine Insurance Co. issued in be- hall of Dubuque Area Chamber of Commerce and Downtown Merch- ants Bureau for Christmas decora- tions located in Town Clock Plaza from December 1, 1975 to January 15, 1976. May I have your approval of same also. I 11111 Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and filing be approved. Sec- 604 Regular Session, December 1, 1975 onded by Councilman Tully. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. Communication of Blue Cross- Blue Shield subrogation notice of their rights in the personal injuries sustained by Delores Schuller on July 1, 1975, presented and read. Councilman Lundh moved that the communication be referred to the City Attorney for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of levy of Special Assessment and inten- tion to issue bonds for the con- strnction of 1975 Asphalt Paving Project No.1, presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. Statement of City Clerk that Not- ices of Levy were mailed by certi- fied mail on November 20, 1975, to property owners of record subject to assessment to pay for cost of constructing 1975 Asphalt Paving Project No.1, presented and read. Councilman Lundh moved that the statement be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. Communication of Nels Turn- quist being pleased with the im- provement of Bockdaie Road, how- ever objecting to failure by the City in erecting truck traffic signs, also protruding manhole in the yard, presented and read. Council- man Lundh moved that the com- munication be received and filed and referred to the City Manager and Traffic Dept. for investigation and report. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. Communication of Robert E. Molo objecting to the protruding manhole and failure to erect truck traffic signs, presented and read. Councilman Lundh moved that the communication be received and fil- ed and referred to the City Man- ager and Traffic Dept. for investi- g~tion and report. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. RESOLUTION NO. 430-75 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of CITY OF DUBUQUE 1975 ASPHALT PAV- ING PROJECT NO.1. by Tri-State Paving Div. of Dubuque Stone Pro- ducts Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situted and owned, and.for the sev- eral amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. Section I THE CITY OF DUBUQUE 1975 ASPHALT PAVING PROJECT NO.1 Assessable Share City Share Slate Share Total Construction Cost 0 $ 85,939.01 $ 85,939.02 $171,878.03 Engineering Expense 0 15,367.14 0 15,367.14 Subtotal 0 101,306.-15 85,939.02 187,245.17 Section II Construction Cost 0 18,488.68 18,488.67 36,977.35 Engineering Expense 0 5,683.64 0 5,683.64 - - - Subtotal 0 24,172.32 18,488.67 42,660.99 "_. . , (].".I$..I11'.'.."""""""'--'~'~"4'-'-- Regular Session, December 1, 1975 Section III Construction Cost 68,706.43 Engineering Expense 6,048.91 5% Interest - 52 days 496.21 Subtotal 75,251.55 PROJECT TOTAL Construction Cost 88,706.43 Engineering Expense 6,048.91 5% Interest - days 496.21 Total $75,251.55 SCHEDULE OF ASSESSMENTS For Paul Street from the N.P.L, of Clarke Drive to the S,P.L. of Lowell St. Wayne W. and Betty L. Wohlers, Lot 27, C. A. Voelkers Addition ............ 29.80 Estella Marian & Eleanor Helling, Lot 28, C. A. Voel- kers Addition """""""""" 61.02 Mildred Schuster, Lot 29, C. A. Voelkers Addition ......130.77 Leonard Schuster Est., Lot 30, C. A. Voelkers Addi- tion ......................................239.74 Eliz. Leute ,and Dorothy Fet- tkether, Lot 31, C. A. Voelkers Addition ............ 632.03 Patrick G. and Lois A. Gross, Lot 32, C. A. Voel- kers Addition """""""""" 632.03 Melvin Carl and Jean Ann Griesinger, Lot 33, C. A. Voelkers Addition """""" 239.74 Harold A. & Lois Kamm cont: Clement H. & Rita M. Welsh, Lot 1-34, C. A. Voelkers Addition ............ 121.89 Raymond P. & Virginia M. & Margaret H. Grimes, Lot 2-34, C. A. Voelkers Ad- dition .................................... 2.22 Raymond P. & Virginia M. & Margaret H. Grimes, Lot 1-3-10, G. D. Woods Subdivision .......................... 74.74 Harold A. & Lois Kamm cant: Clement H. & Rita M. Welsh, Lot 2-3-10, G. D. Woods Subdivision ...."" 9.27 Duane M. & Carolyn Goed- ken, Lot 3-9, G. D. Woods Subdivision ........................ 40.00 Donald W. and Clara Ibach, Lot 3-8, G. D. Woods Sub- division ...."""""""""""""" 31.70 Frank F. & Dolores Stoewer, Lot 101, Cox Addition .... 33.21 Frank F. & Dolores Stoewer, Lot 102, Cox Addition .... 41.69 Edmund J. & Mary Haas, Lot 103, Cox Addition .... 71.49 605 227,934.99 25,059.42 0 253,044.41 0 0 0 296,691.42 31,108.33 496.21 328,295.96 332,412.68 46,110.20 0 104,427.69 0 0 505,548.80 52,159.11 496.21 $378,522.88 $104,427.69 $558,202.12 James A. & Nyra Baker, Lot 104, Cox Addition ............ 151.37 Roy L. and Marguerite N. Ayers, Lot 105, Cox Addi- tion ........................................ 274.92 Gerald L. Flores, Lot 106, Cox Addition ...................... 717.68 Leonard P. & P~tricia Zel- inskas, Lot 1-108, Cox Ad- dition ....................................499.92 Robert E. & Sharon L. Rich- ter, Lot 2-108, Cox Addi- tion ........................................ 206.85 Patricia Zelinskas, Lot 109, Cox Addition ......................264.39 Dewain H. & Lila L. Man- they, Lot 110, Cox Addi- tion """"""""""""""""""" 142.81 Donald A. & Sylvia J. West- hoff, Lot 111, Cox Addition 66.02 Gladys Mildred Goetzinger, Lot 112, Cox Addition .... 27.98 $4,743.23 370 cu. yd. Excavation @ 2.35 = $ 869.50 73.9 tons A. C. binder course @ 15.35 = 1,134.37 63.9 tons A. C. surface course @ 15.35 = 300 gaBon Prime coat @ 0.51 = 309:3 tons %" stabilized rolled stone base @ 3.65 980.87 153.00 1,128.94 1 no. of Manhole - raise or lower @ 64.00 = 64.00 446.6 lin. it. Combination curb & gutter type "A" @ 4.35 = 1,942.71 3.4 line ft. Combination curb & gutter type "B" @ 4.45 = 83.83 sq. yd. Sodding @ 1.95 = 1 no. of Manhole ring and cover @ 130.00 = 26 sq. ft. 4" concrete side- walk @ 0.95 = 201.2 sq. ft. 6" concrete.... sidewalk @ 1.05 = 211.26 64.00 15.13 163.47 130.00 24.70 606 Regular Session, December 1, 1975 36.63 sq. yd. 6" concrete driveway slab @ 14.00 = 512.82 TaW Construction Cost $7,330.77 City Share 3,000.09 Assessable 4,330.68 Engineering 381.27 5% Interest - 52 days 31.28 Tatal Assessable $4,743.23 All of which is assessed in pro- portion to the special benefits con- ferred. For Rockdale Road from the S.P.L. of A. H. Ooeth Subdivision No.4 to the city limits, a distance of 2,121.27 feet. Hobert J. & Ruth Ann Kehl, Lot 4, A. H. Oeth Sub No.4........................ 80.20 Robert J. & Ruth Ann Kehl, Lot 5, A. H. Oeth Sub. No.4.................... 148.40 Hobert J. & Ruth Ann Kehl, Lot 6, A. H. Oeth Sub. No.4........................ 42.34 John Loes, Lot 2-1-1-1-1-1- 2, Mineral Lot 12 ............ 901.67 Greek Orthodox Church of St. Elias the Prophet, ~t¿:-t~-I:::::~:..~~~~~: 920.48 Cecelia Muenster, Lot 1-1- ~tft.l.-.1.~I.-.~:...~i.~~~~~ 910.63 J. W. & S. H. Richardson, Lot 1-2-1-2-1-1-1-1-1-1-1-2, Mineral Lot 12 ................ 1,896.25 Leo F. and Irene Dolan, Lot 2-2-1-2-1-1-1-1-1-1-1-2, Mineral Lot 12 .............. 1,021.46 Greek Orthodox Church of St. Elias the Prophet, ~¿eraI2¡;~-~t1.~~~~~~:~: 1,012.65 Greek Orthodox Church of St. Elias the Prophet, Lot 2-1-1-1-1-1-1-1-1-1-2, Minerai Lot 12 .........-...... 1,095.44 Louis and Ramona Kart- ~~-i, ~e:;~-~;Nt~: 1,718.52 Louis and Ramona Kart- man, Lot 1-2-1, Mineral Lot 10 ............"................ 926.67 Greek Orthodox Church of St. Elias the Prophet, Lot 2-2-1, Mineral Lot 10 .............-............".......... 221.52 Greek Orthodox Church of St. Elias the Prophet, Lot 1, Dave Barry Place 440.43 Charles E. and Barbara A. -- --~-- ,- ~..!I,-II"","iW-.."",......-"........-"",*,.~~~. Callahan, Lot 1, Indian Park Sub. ........................ 1,102.81 Charles E. and Barbara A. Callahan, Lot 2, Indian Park Sub. ........................ 1,011.49 John W. and Ardis L. Kas- per, Lot 3, Indian Park Sub. .................................. 321.08 Donald W. Jr. and Linda A. Oliver, Lot 4, Indian Park Sub. ........................ 102.74 Leroy W- and Nancy L. Doering, Lot 5, Indian Park Sub. ........................ 67.91 Pe,ter L. and SolveigM. Kjeseth, Lot 19, Indian Park Sub. ........................ 11.27 Robert H. and Evelynn F. Barr, Lot 20, Indian Park ................................ 104.91 Donald J. & Marylee T. Herkes, Lot 21, Indian Park Sub. ........................ 148.38 Patrick R. & Judith A. Sul- livan, Lot 22, Indian Park Sub. ........................ 383.50 James D. and Shirley A. Briggs, Lot 23, Indian Park Sub. ........................ 1,325.05 'Donald J. & Marylee T. Herkes, Lot 1-24, Indian Park Sub. ........................ 581.31 Robert H. and Evelynn F. Barr, Lot 2-24, Indian Park Sub. ........................ 4.05 'Donald J. and Marylee T. Herkes, Lot 1-25, Indian Park Sub. ............"""""" 565.07 Gary L. and Jean A. War- ner, Lat 2-25, Indian Park Sub. ......."............... 67.91 Homer L. and Janet Ont- man, Lot 26, Indian Park Sub. ........................ 1,993.93 Peter L. and Solveig M. Kjeseth, Lot 2-1, Indian Park Sub. NO.2............ 8.09 Peter L. and Solveig M. Kjeseth, Lot 1-2, Indian Park Sub. NO.2 ........m. 106.78 Robert H. & Evelynn F. Barr, Lot 2-2, Indian Park Sub. NO.2............ 8.09 Glen J. & Constance J. Walters, Lot 1-1-1-1-1-1- 1-1-1, Mineral Lot 4 ........ 1,300.34 Michael J. & Mary Lou Arthofer, Lot 2-1-1-1-1- 1-1-1, ,Mineral Lot 4 .... 1,195.29 Walter J. and F1orence Anglin, Lot 2-1-1-1-1-1-1, Mineral Lot 4 ................ 1,307.42 Hobert J. and Joyce M. ~~=:~~,¿;~t42-~:~:~:~:~: 1,307.42 104.91 4.05 8.09 8.09 Regular Session, December 1, 1975 607 John P. and Marlene A. Boland, Lot 2-1-1-1-1, Mineral Lot 4 ................ 1,307.42 Daniel J. and Susan J. Nu- gent, Lot 2-1-1-1, Miner- al Lot 4 ............................ 1,307.42 Frank W. and Norma No- thaft, Lot 2-1-1, Mineral Lot 4 ................................ 373.~ Agnes Pillard (1O.5/18th int.) , and Irene Koppes Fay (7:51l8th int), Lot 1-1-1-1, Mineral Lot 5 .... 2,660.61 William J. and Beverly Fay, Lot 2-1-1-1, Mineral Lot 5 ................................ 1,786.87 Irene M. Fay, Lot 2-1, Min- eral Lot 5 ........................ 1,099.06 Lewis E. and Lorraine A. McKeowin, Lot 1, Glen- view Sub. """""""""""" 1,847.56 Thomas A. and Marjorie Tully, Lot 2, Glenview Sub. ...............................-.. 576.84 Anne RHosle, Dot 3, Glenview Sub. ................ 202.30 Nels E. and Edna Mae Turnquist, Lot 4, Glen- view Sub. ........................ 98.84 Gary A. and Ellen J. Gu- keisen, Lot 16, Glenview Sub. """"""""""""""""" 1,684.13 Robert E. Klauer, Lot 17, Glenview Sub. ................ 957.Ql Warren W. and Dorothy K. Klpp, Lot 18, Glen- view Sub. ........................ 956.87 Joseph S. and Margaret M. Smith, Lot 19, Glenview Sub. .................................. 959.76 Michael James & Kathryn Mary Coyle, Lot 20, Glenview Sub. ................ 954.12 James C. and Betty L. Dunn, Lot 21, Glenview Sub. .................................. 1,747.56 Robert E. and Helen T. Molo, Lot. Bal. 1-1-1, Ar- duser Place """""""""" 2,478.44 Nels E. and Ruth Ann M. Turnquist, Lot 2-1, Ar- duser Place .................... 1,821.40 Antonio and Beatrice Man- gino, Lot 2" Arduser Place """"""""""'""""", 1,615.20 Antonio and Beatrice Man- gino, Bal. Lot 2-1-1, Ar- duser Place .................... 24.13 I' Alma & Lawrence H. Sanders, Lot 2-1-2, Min- eral Lot 10 """""""""" 1,161.62 Alma & Lawrence H. Sanders, Lot 2-1-1-2, Mineral Lot 10 ................ 180.62 373.53 Alma & Lawrence H. Sanders, Lot 1-2-1-3, Mineral Lot 3 """""""" 104.76 Aima & Lawrence H. Sanders, Lot 2-1-1-3, Mineral Lot 3 """""""" 4.62 Mary E. Scully, Lot 1, Rockdale Place """"""" 2,447.08 A. E. Realty Company, Lot 2, R""kdale Place ........ 2,851.39 Mary E. Scully, Lot 2-1-13, J. C. Scully's Sub No.2 451.70 James H. & Marjorie S. Lee, Lot 2-1-1-13, J. C. Scully's Sub No.2........ 1,350.34 Callista Ryan, Lot 1-1-H3, J. C. Scully's Sub No.2 1,397.30 Elmer E. & Phyllis J. Steffen, cont: Joseph P. & Catherine A. Wagner, Lot 1, Diamond Sub. .... 3,661.74 Heinrich O. & Ilse Half cant: Lawrence B. & Dorothy J. Kemp, Lot 2, Diamond Sub. ................ 1,013.95 Ivyl M. Adams, Lot 1-1-1-1, Shipton's Sub. """""""" 1,154.69 Frank W. and Norma No- thaft, Lot 2-1, Mineral Lot 4 ................................ 1,119.00 65,717.36 'Deficiencies Paid by City of Du- buque Donald J. and MaryIee Herkes, Lot 1-24, Indian Park Sub """"""""""'", 723.94 Donald J.and Marylee Herkes, Lot 1-25, Indian Park Sub """""""""""" 715.19 Agnes 'Pillard and Irene Koppes Fay, Lot 1-1-1-1, Mineral Lot 5 ................ 3,351.83 70,508.32 AI! of which is assessed in pro-- portion to the special benefits con- ferred. 4,147.90 !in. ft. Combina- tion curb and gntter type "A" @ 4.35 = $18,043.37 110.5 !in ft. Combination curb and gntter type "B" @ 4.45 = 491.73 526.6 tons A. C. binder course @ 15.35 = 8,083.31 789.35 tons A. C. surface COurse @ 15.35 = 12,116.52 350 gallons Prime coat or tack coat @ 0.51 = 178.50 6,671.85 tons Asphalt treat- ed base @ 12.65 = 84,398.90 6 no. of Manhole - raise or lower @ 64.00 -= 384.00 491.73 608 67.5 lin ft. 24" R.C.C.P. incl. flared end section @ 24.00 == 1,620.00 2 no. of Catch basin 101 "A" @ 700.00 == 1,400.00 1,923.45 tons "14" stabil- ized rolled stone base @ 3.65 == 7,020.59 , 6,543.38 sq. yd. Sodding I @ 1.95 == 12,759.59 1,063 cq. yd. Seeding @ 0.55 == 584.65 8,165.3 cu. yd. Excavation '<unclassified) @ 2.35 == 19,188.45 9.88 sq. yd. Concrete re- move & replace w/IO" cone. @ 23.00 == 128.2 line ft. Concrete saw- ing @ 1.25 == 288.8 lin. ft. Asphalt saw- ing @ 0.75 == 1 no. of Manhole ring and cover @ 130.00 == 298.01 sq. yd. Sidewalk and driveway removal @ 2.00 == 596.02 256 sq. ft. 4" concrete side- walk @ 0.95 == 243.20 936.9 sq. ft. 6" concrete sidewalk @ $1.05 == 883.74 4,409 sq. yd. Concrete pavement removal @ 1.55 == 6,833.95 1 no. of Steps remove and replace @ $40.00 == 40.00 282.68 sq. ft. 6" concrete driveway slab @ 14.00 == 3,957.52 12 no. of Tree removal: 3" - 6" @ 22.00 == 1 no. of Tree removal: 12" - 15" @ 110.00 == Extra Work @ 448.82 Total Construction Cost City Share Assessable 64,375.75 Engineering Expense 5,687.64 5% Interest - 52 days 464.93 Total Assessable $70,508.32 Passed, adopted and approved this 1st day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk "-~~~. -~~-""'<!o.'.""""'-""""_"'",,4"'~' '. Regular Session, December 1, 1975 009 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1975 Asphalt Paving Project No.1 there shall be is- sued street improvement bonds in the amount of $75,000.00 Dollars in anticipation of the deferred pay- ment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of April 1, 1976; and shall be numbered consecutively; and they shall be numbered, divid- ed into series, and be in such de- nominations and for such maturity dates as are shown in the follow- ing table: S...i... No. Denomination Maturity 1, Bond No. 1-8, $1,000.00, Decem- ber 1, 1976 2, Bond No. 9-16, $1,000.00 Decem- ber 1, 1977 3, Bond No. 17-24, $1,000.00, De- cember 1, 1978 4, Bond No. 25-32, $1,000.00, De- cember 1, 1979 5, Bond No. 33-40, $1,000.00, De- cember 1, 1980 6, Bond No. 41-47, $1,000.00, De- cember 1, 1881 7, Bond No. 48-54, $1,000.00, De- cember 1, 1982 8, Bond No. 55-61, $1,000.00, De- cember 1, 1983 9, Bond No. 62-68, $1,000.00, De- cember 1, 1984 10, Bond No. 69-75, $1,000.00, De- cember 1, 1985 3. Said bonds shall bear interest at (he rate of six per cent per an- num, payable annually in accord- ance with coupons thereto attach- ed: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior (0 the maturity date stated therein at the option of the City of Dubuque and shall be in substan- 'tially the following form: No. ....-..... Series No. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er thereof, the sum of one thou- sand dollars with interest thereon at the rate of six per cent per annum, payable annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond issued by the City of Dubu- que under and by virtue of Chapter 384.68 of the 1975 Code of Iowa, as amended, and the Resolation of said City duly passed on the 1st day of December, 1975, being Res<>- lution No. 431-75. This Bond is one of a series of 75 bonds, all for $1,000.00 number- ed from 1 through 75, all of like tenor and date,and issued for the purpose of providing for the de- ferred payment of the assessments levied for the City of Dubuque 1975 Asphalt Paving Project No.1 as described in said Resolution, in said City which cost is payable by the abutting and adjacent property along said Improvements and is made by law a lien on all of said property. It is payable only out of the Special Assesment Fund 1305 created by the collection of said special tax, and said fund can .be used for no other purpose. It is hereby certüied and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- ment, collecotion and payment here- on of said special tax, the full faith and diligence of said City of Dubu- que are hereby irrevocably pledg- ed. IN TESTIMONY WlHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and eountersigned by its City Clerk and the Seal of said City to be thereto affixed, this 1st day of December, 1975. """""""""""""................................ Mayor """"""""""'..................................... (SEAL) City Clerk Regular Session, December 1, 1975 Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of proposal to authorize issuance of bonds in the amount of $75,251.55 to pay for construction of 1975 Aß- phalt Paving ProjectNo . 1, pre- sented and read. No written objec- 227 24 tions were filed and no oral ob- . jectors were present in the Coun- 160 25 cil Chamber at the time set for tbe . hearing. Councilman Lundh moved 200 10 that the proof of publication be . received and ÍÙed. Seconded by 13000 Councilman Brady. Carried by the . following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. RESOLUTION NO. 431.75 883.74 I RESOLUTION PROVIDING FOR THE ISSUANCE OF STREET IMPROVEMENT BONDS FOR THE PURPOSE OF 'PROVIDING FOR THE PAYMENT OF THE ASSESSED COST OF CITY OF DUBUQUE 1975 ASPHALT PAV- ING PROJECT NO.!. 264.00 \ Whereas the contract heretofore entered into by the City of Dubu- 110.00 que, Iowa, for the improvements 448.82 hereinafter described has been completed and the City Manager has certified the completion there- $180464 45 I of to the City Council and the City. 116:088:70 ~:.~ ~:d ~~~e"cl:'t~~~~~~ ,~:~ $75,251.55 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the 'assessed cost of said improvement and a public hearing has been held, pur- suant to such n<>tice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: (Form of Coupon On the ........ day of -....................... the Ciily of Dubuque, Iowa, promis- es to pay to the bearer, as provid- ed in said bond, the sum of ............ 610 Regular Session, December 1, 1975 Dollars, in the office of the City Treasurer in the City of Dubuque, being ........ months' interest due that date on its ....................".......... Bond No. .........."........ dated.............. ............................,........................-.... Mayor .......................................................... City Clerk 6. That the Mayor and City Clerk be and theY are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- 1iver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to 'be placed in a special fund to be known as Special Assessment Fund 1305 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of ,the May- or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, these bonds shall be called and re- tired- in the same order as num- bered. . . 10. Passed, adopted and approv- ed.this 1st day of December, 1975. C- Robert Justmann Mayor - Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen 'ATTEST: LeoF. Frommelt City Clerk - Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Tully. carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nàys - None. Absent - Councilman Stackis. Proof of Publication, certified to by the publisher, of Notice of Receipt of sealed bids for the con- struction of South Dubuque Inter- ceptor Sanitary Sewer Contract No. 3, HUD, WS-IOWA-1J9, presented and read. Councilman Lundh mov- ed that the proof of publication be ..- .. ""'_.""""""""""""""~'4-~~~<... received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None- Absent - Councilman Stackis. November 26, 1975 Honorable Mayor and City Council Pursuant to your instructions, sealed proposals were received un- til 10:00 a.m., Wednesday, Novem- ber 26, 1975 for the Contract 3 South Dubuque Interceptor San- itary Sewer HUD Project Number WS.IOW A-99. The lowest bid was entered by Tschiggfrie Excavating of Dubu- que, Iowa. Their bid was 3.5% over the Engineer's Estim~te. I recommend that the contract for the improvement be awarded to the Tschiggfrie Excavating of Du- buque, Iowa- Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - Non~. Absent - Councilman Stackis. (Awarding Contrad) RESOLUTION NO. 432-7S . WHEREAS, sealed proposals have been submitted by contractors for -the Contract 3 South Dubuque Interceptor Sanitary Sewer HUD Project Number WS-IOW A-99 pur- suant to Resolution No. 414-75 and notice to bidders published in a newspaper published in said City on November 14, 1975 and Novem- ber 21, 1975; and WHEREAS, said sealed propos- als were opened and read on No- vember 26, 1975, and it has been determined that the bid of Tschigg- frie Excavating of Dubuque, Iowa 52001 in the amount of $213,648.60 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- Regular Session, December 1, 1975 611 ed to Tschiggfrie Excavating of Dubuque, Iowa subject to concur- rence of Department of Housing Urban Development and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 1st day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. RESOLUTION NO. 433-7S 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- pliance with the provisions of Chapter 131, Acts of the First Reg- ular Session, 64th General AS- SEMBLY. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE' Coletta A. Oyen, Also Sunday' Sales, 1103 Iowa Street Passed, adopted and approved this 1st day of December, 1975. C. Hobert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. RESOLUTION NO. 434-75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and .... WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Coletta A. Oyen (Also Sunday Sales), 1103 Iowa Street Passed, adopted and approved this ,1st day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by tbe following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. Petition of H. K. Hager et al (56 signers) objecting to fumes and noise from diesels being serviced in a building between 1st and 2nd Sts. and Locust and Bluff sts., pre- sented and read. Councilman Brady moved to sus- pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. 612 Regular Session, December 1, 1975 Special Session, December 8, 1975 613 CITY COUNCIL H. K. Hager, Roy Pfohl and Rob- ert Henkes, all neighborhood citi- \ zens, spoke in behalf of the peti- Approved................ ..1976 tion. Mayor Justmann moved that the petition be received and filed and Adopted.................. .1976 relief be granted as a result of Zoning Violation, if it so exists, meanwhile refer to Staff for study and report. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. Absent - Councilman Stackis. At 8:30 P.M. Mayor Justmann moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - None. ~~~~~il --;e~~~~~~~a~nSt~~~ar I Session at 8:49 P.M. Councilman Tully moved the following reap- pointments to the Dubuque Human Rights Commission: David Davis, Susan Soley and Dean Miller, all for 3 year terms expiring 1-1-79. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Staokis. There being no further business, Mayor Justmann moved to adjourn. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays-None. Absent - Councilman Stackis. Leo F. Frommelt City Clerk OFFICIAL Special Session, December 8, 1975- Council met at 7:30 P.M. (C.S.T.) Presem-Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly- City Manager Gilbert D. Chav- enelle. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is called for the PURPOSE OF CON- DUCTING A PUBLIC HEARING TO CONSIDER A PROPOSAL TO DISPOSE OF INTEREST IN REAL ESTATE LOCATED IN WICK'S ADDN. and acting upon such other business as may properly come be- fore a Regular Meeting of the CounciL Communication of Fourth Street Peninsula Area residents request- ing to be heard and to present a plan for the development and up- dating of the area, presented and read. Mayor Justmann moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. John Henry and Fred Kretsch- mer, property owners of the area, addressed the Council and present.. ed a General Development Plan, General Land Use Plan, Sewer Service-Storm & Sanitary, Streets and Lighting Plans for the Fourth Street Peninsula Area. Councilman Lundh moved that the communication be referred to Council, Dock Commission and Planning & Zoning Commission for a work session within 10 days. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of Playground & Recreation Commission submitting minutes of their meeting of No- vember 10, 1975, presented and read. Councilman Stackis moved that the minutes be received and Councilmen ,\ttest: City Clerk - - . ~ - ~ 11.'l!t.¡""'IIJ."""""'~""""""""~~~""""- filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of Iowa D.E.Q. submitting copy of a report en- titled "Wastewater Treatment Plant Sludge Disposal" and thank- ing City representatives for assist- ance provided to Stanley Consult- ants, presented and read. Council- man Stackis moved that the com- munication be received and filed. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of East Central Intergovernmental Ass'n. address- ed to the Mayor, relative to a pro- posal which was submitted to Ass'n. in the development of the Stone Hill Development Corpora- tion, presented and read. Council- man Lundh moved that the COm- munication be received and filed and approve letter of notification to Ass'n. as signed by the Mayor. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. December 5, 1975 Honorable Mayor and City Council Attached is a copy of the first progress report on the public serv- ice employment program (CETA- Title VI) recently conducted by the Clty of Dubuque for unem- ployed and underemployed resi- dents of our city. Mr. David Noonan, CETA Co- ordinator and Mr. Gerald Koppes, are available to answer any ques- tions you might have about the re- port on the program in general. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed, Staff commended for work well done, and copies of report be forwarded to all applicable agen- cies. Seconded by Councilman Tul- ly. Carried by the following vote: 614 Special Session, December 8, 1975 Special Session, December 8, 1975 615 Yeas - Mayor Justmann, Coun- ¡ cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Councilman Brady moved that the City Manager be directed to communicate with County Super- visors and A.C.O.G. to share serv- ices of Economics Opportunity Of- ficer and include study of County Human Rights Commission. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. December 1, 1975 Honorable Mayor and City Council 1 herewith submit the reports of the Finance Director, Treasurer, Water Superintendent, Health De- partment, as well as a list of claims paid, for the month of October, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Proof of publication, certified to by the publisher, of Statement of Receipts and Disbursements for October, 1975, presented and read. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman ~::;,~h. Carried by the following I Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Communication of City Manager Gilbert Chavenelle, submitting a letter from the Building Commis- sioner as a report on the Wenzel garage property at 124 Bluff Street and; Communication from Alfred E. Hughes, Attorney, representing ,the owner of the building at 124 Bluff Street praying for time to see if the m~tter can be amicable resolved, presented and read. Building Commissioner Bandy, spoke relative to the communica- tion submitted by him to the Man- ager. AI Hughes for the Packing ,~==...~- ,~'~I;LJ,1...""",II"I!!>""-"""ò!J!""""".."" Company prayed for relief in time to explore the situation. Attorney Howard Hagen, repre- senting property owners in the area, stated a violation does exist; Actions have continued as of last night; No permit has been issued for oil tank in building; and Fumes and Noise are issue on order right now. Councilman Brady moved that Formal Notice of the violation and an immediate desist order be is- sued; Notification of the City's in- tent to bring legal action; Charges be waived if Packing Company will agree to vacate neighborhood and City does not favor the moving of service from one side of Alley to other. MOTION DIED FOR LACK OF SECOND. Councilman Brady moved that the communications of City Man- ager and Allred E. Hughes, At- toruey, be received and filed and Mr. Bandy directed to communi- cate and consult with City Solicitor for study and report of any viola- tion. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Communication of Five Fiags Civic Center Fund submitting a proposed agreement between Bow- en Kanazawa Partnersmp and Five Flags Civic Center Fund for pro- fessional services, presented and read. Councilman Stackis moved that the communication be receiv- ed and filed. Seconded by Council- man Tully. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilman Brady, Lundh, Stackis, Tul- ly. Nays-None. Mayor Justmann moved to grant request to enter Agreement as Amended, with Five Flags and City of Dubuque, to sign contract joint- ly with Bowen & Kanazawa. Sec.- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul, lYe Nays - None. December 5, 1975 Honorable Mayor and City Council You have before you for consid- eration an ordinance modifying the traffic code so ,that it conforms to the State regulations in regard to windshield visibility. Attached is a letter from Chief O'Brien explain- ing the ordinance. I recommend your favorable consideration. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully, Stack- is. Nays - None. ORDINANCE NO. 46-75 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "TRAFFIC COÐE OF DUBUQUE, IOWA," AS AMEND- ED BY ,REPEALING SECTION 19.6 THEREOF AND ENACTING A NEW SECTION 19.6 IN LIEU THEREOF TO PROIDBIT THE DRIVING OF A MOTOR VE- IDCLE WITHOUT CLEAR WIN- DOW VISION, presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Councilman Stackis moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Tully. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None- ORDIN,ANCE NO. 46-75 AN ORDINANCE AMENDING OR- INANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBU- QUE, IOWA," AS AMENDED BY RE- PEALING SECTION 19.6 THEREOF AND ENACTING A NEW SECTION 19.6 IN LIEU THEREOF TO PRO- HIBIT THE DRIVING OF A MOTOR VEHICLE WITHOUT CLEAR WIN- DOW VISION. NOW THEREOFRE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION I. Th" O,din,n" No. 33-49 known" the "T"ffic Code of Dubuq"'. low," " ,mended be ",d the "me ~ hmby ,mended by "pe,ling Scotion 19.6 th"oof ,nd enocting , new Se"ion 19.6 in lieu thmof " follow" "19.6 Wind,hicld, ,nd window,. No pmon ,h,ll dtive 'ny moto, vehide eqnip- ped with, wind,hidd, ,idewing', ,ide 0' :::i:n~fndow, wh"h do not p"mit clm P""d, 'pp<oved ,nd ,doptcd thi, 8th d,y of D"emb". 197>. C. Rob", Juttm'nn M,yn, Alvin E. Lnndh Thorn" A. Tnlly J', J,m" E- B"dy Emil Sucki, Co=cilmen ATTEST, Leo F. F<ommelt City Cl"k PubIi,hed offici,lly in th, Tcleg"ph Hmld New,p'pe' thi, IIth d,y of De- ccmb" 1975. Leo F. F<ommclt City CI"k It. 12-11. Councilman Stackis moved final adoption of ,the Ordinance. Second- ed by Councilman Tully. Carried by the following vate: Yeas - Mayor Justmann, Coun- cIlmen Brady, Lundh, Stackis, Tul- ly. Nays - None. November 28, 1975 Honorable Mayor and City Councilmen On July 25, 1975, claim was filed against the City of Dubuque in the estimated amount of $2,400.00 by Paul J. Henkel, 351 Winona, Du- buque. Said claimant made claim for alleged damages to his garage at said address occurring on June 7, 1975 as the result of a City ref- use truck allegedly running into his garage and damaging same. This matter was referred to the appropriate City Agency which re- ports to this office by letter, dated November 24, 1975, that said m~t- ter has been amicably disposed of. Accordingly, it is the recommenda- tion of the City Attorney that the claim of Paul J. Henkel be denied. Original claim is returned here- with. R. N. Russo City Attorney Councilman Brady moved that the communication be received and filed and recommendation of denial be approved. Seconded by Co,uncil- man Stackis. Carried by the fol' lowing vote: 616 Special Session, December 8, 1975 Special Session, December 8, 1975 617 Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Tully, Stack- is. Nays - None. COUNCIL RECESSED AT 8:55 P.M. RECONVENED AT 9:05 P.M. Petition of First Baptist Church requesting rezoning of Lot 2 of 1 of 1 of 1 of 1 of 2 of Mineral Lot 263 from "R-2 Residential Zoning District" to "O--R Office 'Residential District", presented and read. Councilman Brady moved the peti- tion be referred to Planning & Zoning Commission. Seconded by Mayor Justmann. Carried by the following vote: Yeas - .Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Washington Neigh- borhood, by Hank Waltz, advising oil Œ'roblenu; bei'ng enoountered with the Planning & Zoning Staff and requesting permission .to ap- pear before Council, presented and read. Hank Waltz and Attorney James Reynolds addressed the Council relative to the petition. They stated that being expressway moved out of 14th ,to 12th Street area, the new Zoning Ordinance classified area to OR-l District and they are requesting relief of possible costs. Mayor Justmann moved that the petition be received and filed and the alleged error as to a free charge on zoning matter south of 14th Street be referred to Planning & Zoning Commission. Seconded by Councilman Brady. Carried by the following vote: " Yeas - Mayor Justmann, Coun- cilmen Brady, Stackis, Tully. Nays - Councilman Lundh. Petition of Candle Light Com- mittee of Piymouth Court, Victoria Place and Diane Court requesting permission to conduct a candle light tradition, presented and read. Wm Kasek from the Plymouth Street area, spoke relative to the petition. Mayor Justmann moved that the petition of the Committee be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. .,. l 01 u Ijj.JIL 1.1fIfIl'_._._...,...."-^,,,~,,-=..~_.._-_.,- Communication of Interstate Power Co. advising that they will cooper~te in turning off street lights in any areas of the City, the request however must come from the City, costs to be depend- ent on work being done, presented and read. Mayor Justmann moved that the communication be rceiv- ed and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Verbal petition of Mayor Just- mann requesting Staff's recommen- dation on proposed Water Rates, presented for discussion. Mayor Justmann moved that the request be ,tabled. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Suggested Proposal by Mayor Justmann to strengthen the City Government in directing and pro- moting Dubuque Economic Devel- opment and recommending to re- designate the preseTht Mayor's In- dustrial Committee to The Mayor's Economic Development Committee, presented for discussion. Council- man Stackis moved that the propos- al be tabled. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Dubuque Dock Com- mission requesting the reappoint- ment of William McEllhiney, pre- sented and read. Councilman Stack- is moved that the petition be refer- red to Council. Seconded by Coun- cilman Tully. Carried 'by the foll- owing vote: Yeas-cMayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Frank Hardie Adver- tising Inc., requesting a refund of $6.00 for a building permit issued in duplicate at 3385 Asbury Rd., presented and read. Councilman Brady moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Petition of Eska Co. requesting a refund of $50. on the unexpired portion of Cigarette License No. 733, discontinued business on Nov. 26, 1975, presented and read. Councilman Brady moved that the I refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Stackis. Carried ,by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of hear- ing to dispose of interest in Lot 1, except the southeasterly 48 feet thereof. of the Subdivision of "E.7 ft. 10 in. of Lot 9, and of Lot 11 and of N. 48 ft. 9 in. of Lot 13 Wick's Addition to the City of Du- buque, Iowa" according to the re- I corded plat thereof, to Joyce A. & Roger Voss, presented and read. No written objections were filed and no oral objectors were present at tbe time set for the public hear- ing. Mayor Justmann moved that the proof of publication be received and filed. Seconded ,by Councilman Tully. Carried by tbe following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundb, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 435-75 I WHEREAS, pursuant to Resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on No- vember 28, 1975 the City Council of the City of Dubuque, Iowa met on December 8, 1975, at 7:30 o'clock P.M. (C.S.T.) in the City Council Cbambers. City Hall, Du- buque, Iowa to consider the propos- al to dispose of con,tingent inter- est of the City of Dubuque, Iowa in real estate, hereinafter describ- ed to Roger A. Voss and Joyce Ann Voss. husband and wife; 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 Roger A. Voss and Joyce Ann Voss, husband and wife. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S&ction 1. That the disposal of contingent interest of the City of Dubuque, Iowa, in the fOllowing described real estate, to-wit: Lot 1, except the southeasterly 48 feet thereof, of the Subdi- vision of "E. 7 ft. 10 in. of Lot 9, and of Lot 11 and of N. 48 ft. 9 in. of Lot 13, Wick's Addition to the City of Dubuque, Iowa," according to the recorded plat thereof to Roger A. Voss and Joyce Ann Voss, husband and wife, for the sum of One ($UJO) Dollar and costs of publication and recording, that no abstract of title will be furnish- ed, and conveyance of said contin- gent interest will be by Quit Claim Deed to perfect title, be and the same is hereby approved. That the Mayor and the City Clerk be and they are hereby authorized to exe- cute said deed of conveyance. Section 2. That the City Clerk be and he is hereby directed and auth- orized to deliver deed of convey- ance conveying the above describ- ed real estate to Roger A. Voss and Joyce Ann Vos, husband and wife, upon receipt of the purchase price in full. S&ction 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 8th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Sec'1ßded by 618 Special Session, December 8, 1975 Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 436-75 ~WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications 'be granted and permits issued upon the com- pliance with ,the terms of the Ordi- nances of this City. CLASS "C" BEER PERMIT OSCO DRUG, INC., 703 N. Main Street Earl John Tegeler, 2311 Windsor Avenue CLASS "B" BEER PERMIT William Baum, Also Sunday Sales, 2995 Central Avenue Passed, adopted and approved this 8th day of December 1975. C. Hober! Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATl'EJST: Leo F. Frommelt City Clerk Councilman Lundh moved adop-, 'tion of the resolution. Seconded by: Counc.ilman Tully. Carried by the following vc>te: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul-' ~' ' N<l.ys - None. RESOLUTION NO. 437.7S WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NQW 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 .~ ".-. l'IUUIlJiJUII."'!f!I."II"."""'.1!O"""""""'~'" CLASS "C" BEER PERMIT OSCO DRUG, INC., 703 N. Main Street Earl John Tegeler, 2311 Windsor Avenue CLASS "B" BEER PERMIT William Baum, Also Sunday Sales, 2995 Central Avenue Passed, adopted and approved this 8th day of December 1975. C. Robert Justmann Mayor . Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of .the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 438.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval. and the same hav.ebeen examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, tbat the following applications be ap- proved and Licenses issued upon the compliance with the provisions of Chapter 131, Acts of the' First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gary Joseph Hanson, The Market Pub, 1322 Central Avenue Shirley Mihalakis, Also Sunday Sales, 574 East 16th Street James Kachevas. Also Sunday Sal- es, 885 Dodge Street Passed, adopted and approved this 8th day of December, 1975. C. Hobert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- Special Session, December 8, 1975 619 tion of the resolution. Seconded by I Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. RESOLUTION NO. 439-75 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 Or- dinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT 'RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause ,to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Gary Joseph Hanson, The Market Pub, 1322 Central Avenue Shirley Mihalakis. Also Sunday Sal- es, 574 East 16th Street James Kachevas, Also Sunday Sal- es, 655 Dodge Street Passed, adopted and approved this 8th day of December 1975. C. Robert Justmann Mayor Aivin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. At 10:20 P.M. Mayor Justmann moved to go into Executive Ses- sionto discuss appointments to Boards and Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Council reconvened in Regular Session at 10:59 P.M. The following appointments were made: Rev. Robert Odden to Citizens Advisory Commission; William McEilhiney reappointed to the Dock Board for 3 year term expiring 11-26-78; Wil- liam Herrig, Gerald Guy and Don- ald Schroeder all reappointed to Board of Appeals (Buildiing Code) for 2 year term expiring 12-31-77. Mayor Justmann moved ratifica- tion of the appointments; Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. The following appointments were made to the newly formed Community Development Commis- sion: For One (1) Year Term expir- ing 12-8-76: Richard F. Aibert, North Dubuque Improvement As- s""iation, Robert F. Fisch, 11th Street Association, Willis R. Gru- well, Elderly Person, H. Spencer Smith, Business Community, David E. Bisenius, Low-Rent Housing Commission, Charles W. Hilgert, Dubuque Advisory Commission and Rhodes J. Isenhart, Jr., No Particu- lar Category; For Two (2) Year Term expiring 12-8-77: Helen M. Vorwald, North Dubuque Improve- ment Association, Mary J. Schiesl, 4th Street Association, Honald ,L. Hixon, lIth Street Association, Sue Huff, Housewife, Ted J. Gorman, Handicapped, William MacNider, Industry, Thomas D. Shea, Advis- ory Committee to Social Services, and Lorrayne A. Koerperick, His- torical Society; For Three (3) Year Term expiring 12-8-78: John J. Waltz, Washington Neighborhood Council, Mary Ellen Billington, 4th Street Association, Daniel L. Ludo- witz, Youth, Floyd G. Rundle, Arts, James D. Goetzinger, Human Rights Commission, Donald E. San- ders, Planning '" Zoning Commis- sion, Hobbe J. Ames, League of Women Voters, David J. Willough- by, Park Board and Betty Nugent, Playground & Recreation Commis- sion. Mayor Justmann moved rat- ification of the appointments. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. I 620 Special Session, December 8, 1975 Special Session, December 15, 1975 621 Nays - Councilman Lundh on the appointment of John J. Waltz to the Community Development Commission. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Special Session, December 15, 1975 Council met 01 7:30 P.M. (C.S.T.) Presenl-Mayor Jumnann, Coun- cilmen Brady, Lundh, Stackis, Tul. Iy. Cily Manager Gilbert D. Chav- en..lle. Mayor Justmann read the cail and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF CONDUCTING A PUBLIC HEAR. ING TO AMEND ZONING O,RDI. NANCE NO. 32-75 TO REPEAL AN'D SUBSTITUTE NEW LAN- GUAGE IN LIEU THEREOF OR SHALL ADD NEW LANGUAGE, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Communication of Department of Environmental Quality advising of a public hearing to be held on the proposed Water Quality Man- agement Plan for the Northeastern Iowa Basin on December 30, 1975, at Fire Headquarters, presented and read. Councilman Stackis mov- ed that the communication be re- ceived and filed. Seconded by May- or Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly- Nays - None. Notice of the U.S. Corps of Engi- neers advising of application for a Department of the Army permit to reconstruct existing docking facilities at Thrn-Put, presented and read. Mayor Justmann moved that the Notice 'be received and filed.. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of Joseph S. Pickett & Sons Inc. n<>tifying the City of the closing of the private road east of the Brewery from De- cember 28, 1975 thru January 2, 1976, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Stackis. Approved.. . .. .. .. . .. .. .. ..1976 Adopted ...................1976 """"""""""""'-"""""""""""'-""""" ............................................................ Councilmen Attest: """""""""""""""""""""""" City Clerk -~ . ~~..~. .4:-4.IUI."'~"'."..,.",..~.""...~.. Carried by the following v()te: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Councilman Stackis submitted a verbal report on the meeting of the National League of Cities which was held at Miami Beach. He ex- pressed his thanks to the Council for the opportunity, and acting as a representative of the City. He touched on various subjects of interest that were discussed, such as Revenue Sharing being in trou- ble, Post Card Voter Registration, Gas line through Canada, Hand Gun control, Fare Tennis and Dial- A-Ride. Councilman Lundh moved that a resolution be prepared endorsing Revenue Sharing to be considered at some future time. Seconded by Councilman Tolly. Carried by the the following vote: Yeas--Councilmen Brady, Lundh, Stackis, Tully. Nays - Mayor Justmann. Communication of Operation New View submitting the second annual repor,t of the Governing Board, presented and read. Mayor Justmann moved that the report be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of Dock Commis- sion submitting minutes of their meetings of October 29th and De- cem<her 3, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded ,by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Communication of Dock Commis- sion submitting a proposed five year lease with the Dubuque Coun- ty Conservation Society, 35.24 acres, at $1.00 per year, presented and read. Mayor Justmann moved that the lease be referred to the City Solicitor and tabled until the next Council meeting. Seconded by Councilman Stackis. Carried by the following vote: 622 Special Session, December 15, 1975 Special Session, December 15, 1975 623 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Communication of Airport Com- mission submitting minutes of their meeting of December 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, Stackis, Tul- ly. Nays-None. December 10, 1975 Honorable Mayor and City Council The following bond and policy has been submitted for filing ap- proval and I desire to have your approval of same. PUBLIC OFFICIAL BOND David J. Willoughby, St. Paul Fire & Marine Insurance Co. to De- cember 31, 1977 Park Commis- sioner Bond No. 400DZ9343 CASUALTY INSURANCE POUCY Fondell & Sons Inc., Hartford In- surance Group, to 11-1-76 Policy No. 85 C 505059 Gilbert D. Chavenelie City Manager Mayor Justmann moved that the communication be received and filed and filing be approved. Sec- ondedby Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of Councilman Lundh relative to new Section 8 Housing for Elderly and Housing Assistance Plan suggesting refer- ral to the Low-Rent Housing Com- mission for elderly for study and report, presented and read. Coun- cilman Lundh moved that the com- munication be referred to the Low- Rent Housing Commission for in- vestigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann,Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. December 8, 1975 Honorable Mayor and City Council The letter of Mr. and Mrs. Ben ~- ----- --JlIII&..¡...JO""""""""""~"""~~""" Lammer and Mrs. Helen Pfalzgraf concerning the rezoning of the property in the 1600 block on As- bury from its present commercial classification was referred to the City Attorney. I have made an investigation of this matter, and have consuited with Mr. Dittemore of the Planning and Zoning office and it is my opinion that such rezoning appears to be within the discretion of the City Council and the Planning and Zoning Commission and that such rezoning is not tantamount to a "taking." AN ORDINANCE amending and changing Ordinance No. 32-75, known as the "Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa," which amendments shall repeal and substitute new language in lieu thereof, or shall add new language to the Ordinance as hereina£ter described, said Ord- inance having been previously pre- sented and read at the Council meeting of November 24, 1975, pre- sented for final adoption. Council- man Brady moved that the public hearing on the Ordinance be re- cessed until next week. Seconded by Councilman Tully. Carried by the following vote: Yeas---{;ouncilmen Brady, Lundh, Stackis, Tully. Nays - Mayor Justmann. Petition of Rose Marie Montgom- ery requesting consideration for appointment to the Community De- velopment Commission as a mem- ber of the Washington Neighbor- hood Group, presented and read. Councilman Lundh moved that the I petition be referred to Council. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, TuL ly. Nays - None. Petition of TV-FM Advisory Commission requesting the ap- pointment of an additional mem- ber to their Commission, with more .technical expertise, present- ed and read. Councilman Lundh moved that the petition be refer- red to CounciL Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Petition of Lions Club request- ing permission to conduct a par- ade on June 5, 1976, in line wi.th their convention to be held on June 4, 5, and 6th, presented and read. Councilman Lundh moved that the petition be received and filed and approved and referred to City Manager for implementation. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. R. N. Russo City Attorney Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Mr. & Mrs. Lammer and Mrs. Pfalzgraf spoke to the Council rela- tive to rezoning matter. Council- man Lundh moved that the com- munic~tion of the City Attorney be received and filed and recommen- dation of Planning & Zoning Com- mission and City Attorney be ap- proved in this matter. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Tully. Nays-Councilmen Brady, Stack- is. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zon- ing Ordinance No. 32-75, which amendments shall repeal and sub- stitute new language in lieu there- of or shall add new langnage, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Stackis moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of the National Founda- tion March of Dimes requesting permission to conduct its annual Mother's Day March during the month of January, 1976, presented and read. Councilman Lundh mov- ed that the petition be approved and referred to City Manager for implementation. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Petition of Anton Zwack Inc. ob- jecting to any proposed rezoning of his property located on the north- east corner of 13th & White Streets, presented and read. Councilman Lundh moved .that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilben Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Klauer Optical re- questing that the sale of optical goods be determined a suitable use in a C-l Zone, or the property located at the corner of North Grandview and Delhi be rezoned C-2 to allow the operation of an optical store, presented and read. Councilman Lundh moved that the petition be referred to the City Attorney and Planning & Zoning Commission. Seconded by Council- man Tully. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Petition of Sharon Lee Dull re- questing to address the Council in regards to McAleece Recreation Proposal and the flood wall monu- ment proposed recreational sight, presented and read. Sharon Dull spoke to Council relative to peti. tion and presented movie slldes re- garding the area. Mayor Justmann moved that the petition be received and filed and' referred to Council to a future meeting. Seconded by Councilman Tully. Carried by the following vote: 624 Special Session, December 15, 1975 Special Session, December 15, 1975 625 Yeas - Mayor Justmann, coun- I cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition 01 Thomas W. Ehlinger requesting a refund of $50., on un- expired portion of Cigarette License No. 737, discontinued busi- ness on 12-1-75, presented and read. Councilman Lundh moved that the request be approved and C1ty Auditor directed to issue prop- er warrant. Seconded by Council. man Stackis. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Dubuque Electric Motor Service Inc. objecting to the proposed Zoning of the area locat- ed between 14th and 12th Street which was discussed at last Coun- cil meeting, presented and read. Councilman Lundh moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas -Mayor Justmann. Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Donald R. Legan et ai, requesting annexation of 1.5 ~res south of the City Limits de- scribed as Lot 2 of 1 of 1 of Bever- ly Pines in Section 2 Table Md. Twp., presented and read. Coun- cilman Lundh moved that the peti- tion be received and filed and re- ferred to the Planning & Zoning Commission. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - 'Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Petition of Creston Street & Glenwood Court Residents request- ing approval to turn out street lights on Christmas Eve and Christ- mas Day, presented and read. May- or Justmann moved that the re- quest be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. '..._~""'....",."'.,,"',,' RESOLUTION NO. 440-75 RESOLUTION APPROVING DEDI- CATION OF DRAINAGE AND GREEN AREA IN LOT 1 OF 2 OF 1 OF 1 OF 1 OF THE EAST ONE HALF OF THE SOUTHWEST ONE QUARTIJR OF SECTION 21, TOWNSIDP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN IN THE CITY OF DU- BUQUE, lOW A Whereas, there has been filed with the City Clerk a plat which shows said dedication by the Du- buque Community School district; and Whereas, said plat has been found by the City Council to con- form to the statutes and Ordinan- ces relating thereto. Now therefore, be it resolved by the City Council of the City of Du- buque, Iowa: Section 1. That the dedication of the drainage and green area as the same appears upon said plat be and the same are hereby accepted, Section 2. That the plat of Lot 1 of 2 of 1 of 1 of 1 of the East One Half of the Southwest One Quarter of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que upon said piat. Passed, adopted and approved by recorded roll call vote this 15th day of December, 1975. C.Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen O'Brien. Chief O'Brien outlines in his letter that he has requested funds from the North East Iowa Area Crime Commission to send Officer Leo Joseph Kennedy to a Juvenile Justice Institute in New Orleans in early March. Officer Leo J. Kennedy is now a liaison officer in our public school system. The total estimated expenses for the trip are $542.00. The City share would be $54.20. You are requested to adopt the matching resolution stipulating that the City will pro- vide $54.20 for this project. Francis A. Murray Assistant City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. MATCHING RESOLUTION NO. 441-75 Whereas, the City of Dubuque of Iowa, by resolution duly passed heretofore, 'has resolved that it will provide during the approved proj- ect period cash funds for the fol- lowing Iowa Crime Commission project: Title of Project Juvenile Justice Conference Training $54.20 'Passed this 15th day of Decem- ber, 1975. Amount of Funds BIting Provided C. Hobert Justmann Mayor Aivin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. December 12, 1975 Honorable Mayor and City Council Attached is a letter and a match- ing resolution from Chief Robert J. ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. December 1, 1975 Honorable 'Mayor and City Councilmen You have heretofore adopted a Resolution authorizing the City to enter into an Intergovernmental Agreement with the County con- cerning the Metropolitan Area Solid Waste Agency. Subsequent to the execution of said Agreement, bonding Counsel examined same as has suggested that changes be made in the Orig- inal Agreement in order to affect the bondability of the enterprise. The original Agreement coI>tains the following provision: "Any special or budgetary ap- propriation adopted by the Ag- ency shall be approved by the City and County." which has been corrected to elim- inate such provision and the final draft of said Agreement is hereto attached and 1t is recommended that you execute the same in ac- cordance with the attached Resolu- tion. R. N. Russo City Attorney Mayor Justmann moved that the communication be received and fil- ed. Seconded by Councilman Stack- is. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. RESOLUTION NO. 442-15 WHEREAS, The City and County of Dubuque have heretofore enter- ed into an Agreement 'known as the Intergovernmental Agreement creating the Dubuque Metropoli.tan Area Solid Waste Agency; and WHEJREAS, it has been consider- ed necessary and essential that said Agreement be amended in or- der to serve the interests of all of the parties in interest to this Agreement with particular refer- ence to the proposal for said Agen- cy to issue Revenue Bonds; and WHEREAS, said Agreement, as amended, should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY OF DU- BUQUE: Section 1. That the Intergovern- mental Agreement creating the Dubuque Metropolitan Area Solid I I I 626 Special Session, December 15, 1975 Special Session, December 15, 1975 627 Waste Agency as amended be and the same is hereby approved. Section 2. That the Mayor of the City Council of the City of Dubu- que, Iowa be and he is hereby au- thorized and directed and empow- ered to execute the said amended Intergovernmental Agreement cre- ating the Dubuque Metropolitan Area Solid Waste Agency on behalf of the City Council of the City of Dubuque, Iowa. Section 3. That an executed copy of said Agreement, together with copy of this Resolution be trans- mitted to said Dubuque Metropol- itan Area Solid Waste Agency, in care of R. N. Russo, City Attorney, 288 Fischer Building, Dubuque, Iowa 52001. This Resolution is declared adop- ted this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilme", Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 443-75 WHEREAS, an informed citizen- ry is basic to the proper function-: ing of the democratic form of government, and WHEREAS, "The Telegraph Her- : old" has undertaken to publish the Dubuque City Council agenda as a public service, and WHEREAS, this step will pro- mote public understanding and awareness of City activities as well ås ,encourage citizen participation in the local governmental process. NOW THEREFORE BE IT RE- SOLVED that the Dubuque City Council publicly thank and com- mend "The Telegraph Herald" for its public-spirited action in pub- lishing the City Council agenda. . ,--"w...w~., ""~_....-""'M'!r'-_.o~"'.,'ì.-",""-,,.,,... Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen CLASS "B" BEER PERMIT Clarke College of Dubuque, Iowa 1550 Clarke Drive Passed, adopted and approved this 15th day of December, 1975. C. Hobert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 444-75 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said city. Shirley L. Chidester, 2417 Rhom- berg Avenue Passed, adopted and approvèd this 15th day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Ttilly, Jr. Ja",es E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded hy Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 446-75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEJREAS, the premises to be occupied by such applicants were inspected and found to comply with ,the Ordinances of this City llnd they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED BY the City Council of . the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PE,RMIT Clarke College of Dubuque, Iowa 1550 Clarke Drive Passed, adopted and approved this 15th day of December, 1975. C. Hobert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor JUstmann, Coun- cilmen .Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 44$075 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED ,by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 447-75 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- pliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center Inc. (also Sunday Sales), 200 Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bert Hillary, 1413 Rockdale Road Benevolent and Proteotive Order of Elks #297, 2699 John F. Ken- nedyHoad Lorraine Gordon, 2327 Central Av- enue Eugene L. Kopp, 951 Main street Passed, adopted and approved this 15th day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 448-75 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, 628 NO'W THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, .that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center Inc. (Also Sunday Sales), 200 Main Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bert Hillary, 1413 Rockdale Road Benevolent and Protective Order of Elks #297, 2699 John F. Ken- nedy Road Lorraine Gordon, 2327 Central Av- enue Eugene L. Kopp, 951 Main Street Passed, adopted and approved this 15th day of December, 1975. C. Bobert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. FrommeLt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tolly. Carried ,by the following vote: Yeas - ,Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - Nolie. RESOLUTION NO. 449-75 WHFJREJAS, 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 Ctty of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLA:SS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Steven T. Schnee, 1902 Central Av- enue Special Session, December 15, 1975 Special Session, December 15, 1975 629 Passed, this 15th adopted and approved day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen RESOLUTION NO. 451.75 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- pliance with the provisions of Chapter 131, Acts of the First Reg- ular Session 64th General Assem- bly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph A. Schumacher, 2400 Cen- .tral Avenue Passed, adopted and approved this 15th day of December. 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. FrommeLt City Clerk Councilman Stackis moved adop- tion of .the resolution. Seconded by Councilman Tolly. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 450-75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with .the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council <>f Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. ATTEST: Leo F. FrommeLt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. RESOLUTION NO. 452.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, .the premises to be occupied by such applicants were inspected and found to comply with the state Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the Ctty Council of Dubuque, Iowa, that the Manager be authorized ,to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "C" (COMMERCIAL) II'E1!R Aim LIQUOR LICENSE Steven T. Schnee, 1900 Central Avenue Passed, adopted and approved this 15th day of December, 1975. C. Bobert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. FrommeLt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, 'Lundh, Stackis, Tul- ly. Nays - None. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph A. Schumacher, 2400 Cen- tral Avenue Passed, adopted and approved this 15th day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. FrommeLt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. At 9:55 P.M. Mayor Justmann moved to go into Executive Ses- sion to discuss appointments to Boards and Commission and re- quested the City Solicitor to join them to give Council direction to a subsequent legal matter. Second- ed ,by Councilman Stackis. Carried by the following v<>te: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Council Reconvened in Regolar Session at 10:15 P.M. Mayor Justmannannounced the fallowing appointments: To the Community Development Commis- sion: Bose Marie Montgomery from Washington Neighborhood, expir- ing December 8, 1976; Walter A. Pregler from Point Neighborhood, expiring December 8, 1978; Russel Neuwoehner for Legal Counsel, ex- piring December 8, 1978; Rev. Bob- ert Odden for Clergy, expiring De- cember 8, 1976 (Revoking appoint- ment made ~t last week's meeting to the Advisory Commission); and Don Abitz appointed to the TV- F1M Cable Advisory Commission. Mayor Justmann moved radifica- tion of the appointments. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. There being no further busi- ness, Mayor Justmann moved to adjourn. Seconded by Councilman Tully. Carried by the following vote: I lili,! 630 Special Session, December 15, 1975 Special Session, December 19, 1975 631 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Special Session, December 19, 1975. Council met at 4:30 P.M. (C.S.T.) Present-Mayor Justmann, Coun. cilmen Brody, Lunclh, Stackis, Tul- ly. City Manager Gilbert D. Chav- enelle. Mayor Justmann read the call and stated that service thereof had been duly made and this Meeting is caned to RECONSIDER PRE- VIOUS ACTION TAKEN ON THE ISSUANCE OF A CLASS "C" BEER & UQUOR UCENSE and acting upon such other business as may properly come before a Regn- lar Meeting of the Council. Couþcilman Stackis moved to reconsider action taken on Resolu- tions No. 451-75 and No. 452-75, which were passed and adopted at I Council Meeting of December 15, 1975. Seconded ,by Councilman Brady. Vote on the motion was as follows. Yeas - None. Nays - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. MOTION FAILED. There being no further business, Mayor Justmann moved to ad- journ. Seconded 'by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Leo F. Frommelt City Clerk Approved. .. .. .. . .. .. .. .. . .1976 Adopted ...................1976 .....................................................-...... """""""""""""""".""""""""""""'" .""""'-"""""""""""."""""""""""",. ."""""'-""""""""""""""""""""""". """"""""'cöüii~ïi;;;ëñ"""""""""." Attest: """"""""""""".""""""-."'.."" City Clerk .11 lJIJIII8II.1IIIHlI_....."""",.""". Approved .-.........-...._.1976 Adopted ...................1976 .......................-........................................ Councilmen Attest: .................................................. City Clerk 632 Special Session, December 22, 1975 Special Session, December 22, 1975 633 CITY COUNCil OFFICIAL Special Session, OKember 22, 1975. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Tul. Iy. City Manager Gilbert D. Chav- onelle. Invocation was given by Rev. Robert Odden. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERJNG AN ORDINANCE ON WHICH FINAL ACTION WAS DE- FERRED FROM THE MEETING OF DECEMBER 15, 1975, and act- ing upon such other business as may properly come before a Regu- lar Meeting of the Council. Communication of Iowa Depart- ment of Environmental Quality ap- proving sanitary and functional features for the water main on Kelly's Bluff properties, presented and read. Councilman Stackis mov- ed that the communication be re- ceived and filed. Seconded by Counciiman Brady. Carried by the following vote: Yeas - 'Mayor Justmann, Coun- cilmen Brady, Lundh, stackis, Tui- ly. Nays-None. Communication of Iowa Depart- merJt of Environmental Quality advising of sending a construction perm;t to Francis Kelly for a sani- tary sewer extension in St. George Subdivision, ,presented and read. Councilman Stackis moved that the communication be received and fil- ed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Communication of Peoples Na- tural Gas advising of a rate in- crease of $3.08 ,per thousand cubic foot to all residential and small volume firm customers and all rural customers served by them ef- fective with gas bills issued on or after January 19, 1976, presented and read. Councilman Stackis mov- ed that the communication be re- ~"'t+1H'-,!,"""."",...""WW,, , ceived and filed. Seconded by Conncilman Brady. Carried 'by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of Attorney Ai- fred E. Hughes, as a representa- tive of the Dulmque Packing Co., advising that equipment used in the servicing of trucks at 148 Bluff Street is being removed and the oniy use to which the premises are put is for vehicle storage, present- ed and read. Councilman Stackis moved that the communication be received and flied. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Jastmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. December 17, 1975 Honorable Mayor and City Council In accordance with the provi- sions of Chapter 400 of the Code of Iowa, 1975, the Civil Service Commission conducted Civil Serv- ice examinations for the position of WATER PLANT OPERATOR, on December 9, 1975. The following named persons have passed the written examina- tion with an average of 70% or better. Kau"e, James P. 84% Robey, Stanley 75% Schm;tt, Paul R. 75% Felton, Michael J. 73% H<>ffmann, David J. 70% Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission ATTEST: Leo F. Frommelt City Cierk Subscribed and sworn to before me this 18th day of December, 1975. December 17, 1975 Honorable Mayor and City Council In accordance with the provi- sions of Chapter 400 of the Code of Iowa, 1975, the Civil Service Commission, conducted Civil Serv- ice examinations for the position of Heating Inspector I, on Decem- ber 9, 1975. Three persons took the examina- tion but failed to reacb a passing grade of 70%. Louis F. Fautsch Chairman Sr. Carolyn Farrell Civil Service Commission ATTEST: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 18th day of Decemher 1975. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Z. D. Hantelmann Notary Public Councilman Stackis moved that the communication be received and filed and made a matter of record. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None- Communication of Playground & Recreation Commission requesting I . meeting with the Council to dis- CUiIS' views and clarification of som" matters retative t.. the Or- pl\01Im TIuIatre, presented and read. CollDcilJman Stackis moved that the communication be receiv- ed and filed. .Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nay. - None. Communic,ation of Dubuque Ad- vi30ry Commission submitting min- ntes of their meeting of Decem- ber 16, 1971;, presented and read. Councilman Stackis moved that the minutes be received and filed. Sec- onded ,by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Communication of Board of Dock Commi3sioners submitting lease with the Dubuque County Conser- vation Society for property on Area "C" along with a proposed addendum in rel~tion to well fields (forward from last week), present- ed and read. Councilman Brady moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Wayne A. Moldenhauer mem- ber of Board of Dock Com{,,¡ssion- ers, spoke to Council relative to the communication. Councilman Stackis moved that the communica- tion of Board of Dock Commission- ers be referred to the City Solicit- or. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Communication of U.s. Deport- ment of Justice requesting the Mayor to issue a proclamation nam- ing January as "Alien Address Re- port Month," presented and read. Councilman Lundh mDved that the communication be received and filed and proclamation approved. Seconded by Councilman Tully. Carried by the following vote: Yeas - May...- Justmanll, Coun- cilmen Brady, Lundh, Staekis, Tul- ly. Nays - None. Awlication fa< Annexation snb- milled by Iowa Department of Transportation for annexation of the Kopper-Powers Ford property, presented and read. Couneilman Stackis moved that the annexmon he apporoved. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. RESOLUTION NO. 453-75 WHEREAS, the owners of an area approximately 21.311 acres in size lying immediately westerly of the city J:imits of the City of Du- buque, Iowa, have now voluntarily petitioned the City Council for an- nexation of their property to tbe City of Dubuque, Iowa; anct 634 Special Session, December 22, 1975 Special Session, December 22, 1975 635 WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if incorp- orated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the exten- sion of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the Ci,ty of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa, NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQU~ IOWA: Section 1: That the territorial limits of the City of Dubuque, Iow~ be and they are hereby extended to include the area comprising the following described real estate: That parcel of real estate de- "scribed as Iowa Department of Transportation property and the Kopper-Powers Ford, Inc. prop- erty in Exhibit "A", hereto at- tached and by reference made a part hereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being out- lined in red thereon. S&etlon 2: The territory hereby annexed. shall become and be part of the Thirteenth Voting Precinct to the City of Dubuque, Iowa. Section 3. That Resolution No. 395-75, passed and adopted on the 27th day of October, 1975, be and the same is hereby repealed. 'Passed, approved and adopted this 22nd day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Councilman Lundh moved to sus- pend the Council Meeting of De- cember 29, 1975. Seconded by Councilman Brady. c.arried by the following vote: Yeas-Councilmen Brady, Lundh, Stackis, Tully. Nays - Mayor Justmann. Councilman Brady moved that the City Council go on record as being opposed to the concept of utilization of Rehabilitation Funds in target blocks, and that the Coun- cil reasserts its earlier opposition to that proposal and the City Clerk directed to communicate this rec- ord to the iRe'habilitation Commis- sion at their organizational meet- ing of December 23, 1975. Second- ed by Councilman Stackis. VOTE ON THE MOTION WAS AS FOL- LOWS: Yeag-Councilmen Brady, Stack- is. Nays - Mayor Justmann, Coun- cilmen Lundh, Tully. MOTION FAILED. Mayor Justmann moved that the City Manager be directed to in- vestigate the feasibility of utilizing available Federal Funding to estab- lish the position of a River/Stream Pollution Technician OR to utillze such monies to supplement existing city water anti-pollution programs. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Tully. Nays - Councilman Stackis. Communication of Low-Rent Housing Commission submitting minutes of their meeting of De- cember 16, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, .Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. Communication of Planning & Zoning Commission submitting minutes of their meeting of Decem- ber 17, 1975, presented and read. Councilman Stackis moved ,that the minutes be received and filed. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays - None. December 16, 1975 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Di- rector, Water Superintendent, Health Department, as well as a list of claims paid, for the month of November, 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved the communication be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tul- ly. Nays-None. Notice of Claim of Ardina M. Pickel, in at least the amount of $10,000., for personal injuries re- ceived in a fall on an icy side- walk along north side of Ruegnitz Drug Store building on November 28, 1975, presented and read. Councilman Brady moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Tully. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tui- ly. Nays - None. ORDINANCE NO. 47.7S AN ORDiNANCE AMENDING AND CHANGING ORDINANCE NO. 32-75, KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA," wmCH AMENDMENTS SHALL RE- PEAL, SHALL REPEAL AND SUBSTITUTE NEW LANGUAGE IN LIEU THEREOF, OR SHALL ADD NEW LANGUAGE TO THE ORDINANCE AS HEREINAFT- ER D ESCRJBED, said Ordinance having been prev- iously presented and read at the Council meetings of November 24 and December 15, 1975, presented for final adoption. IJUJJL~!..lU- Ii:..Uft....~.!H!lf--.....""...""",",""""",,-," ORDINANCE NO. 47.75 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. ,,- 75. KOWN AS THE "ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE. IOWA," WHICH AMENDMENTS SHALL RE- PEAL, SHALL REPEAL AND SUB- STITUTE NEW LANGUAGE IN LIEU THEREOF, OR SHALL ADD NEW LANGUAGE TO THE ORDIN- ANCE AS HEREINAFTER DESCRIB- ED NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE, IOWA, SECTION 1. Th" O,din,n" No. ,,- 75, known" ,h, "Zoning M,p ,nd Zoning O,din,n" of ,h, Ci,y of Duhuqu" low,," h, ,nd th, urn, i, hmhy ,m,nd,d by indu,ion of ,h, hmi""f", d""ibod ,m,ndm,nu, to wi<, "In T,bl, 4-105.6 ",;tI,d "R-2 S,h,d- ul, of Di",i" R'gul,';o",." und" Singl, F,mily Dwdling" del", th, Minimum R'qui"d Sid, Y"d S"b"k (in f"5) of "8" ,nd ,ub"i,"" , Minimum R'qui"d Sid, Y"d S"b"k (in ft,,) of "6", in li,u ,hmof. In T,bl, 4-107.6. ,ntitl,d "R-4 S,h,d- ulo of Dimi" R'gul"io",," und" Mul- ';pl, F,mily Dwdling" dd", ,h, Mini- mum R'qui"d F",n"g' (in foetI "90" "d ",b"i,"" , Minimum R'qni"d F",nt- 'g' (in foetI of "60," in Ii"" thmof. In T,bl, 4-1OS.6, ,n,;tI,d "R-5 S,h,dul, of Dimi" R'gu¡";o",," und" Mu¡'ipl, F,m- ily Dw,lIing', dd", ,h, Minimum R,qui,- ,d F"'n"g' (in foetI "90," ,nd ,ub"i,u" ,Minimum R,qui"d F",n"g' (in foe,) of "60", in li,u ,h",of. In S",ion 6-107.3 dd", th, "ption "No';" 'nd H",ing on Appli",ion fOt V,d,n"," ,nd ,ub"itu" in Ii"" thmof, th, following "p';on "H",ing on Appli- ",ion fo, V"i..tt." In S,,';on 6-107.3 ,tpd th, following, "Following ""ipt of , ,ompl",d 'ppl"'- ';on fOt , wi,not, ..d 'ny ,ddition,1 in- fotm,don "qui"d by th, Bo"d pU""'"' '0 S"don 6-107.2, , publi, h",ing ,h,1I b, h,'d wi,h du, dilig,ntt by ,h, Bo"d '" ,o",id" ""h 'ppli"don. Nodtt of th, time ,nd pi", of ,h, pubIi, h",ing ,h,1I b, publ¡'hod in , n,w'p'p" of g,nml ';"u¡'don" I"" fift"n (15) d,y, p,io, to ""h h",ing. A, th, pubIi, h",ing ,II in'm",d p"';" ,h,1I b, ,ffo,d,d , "'- ,on,bl, oppo"uni,y 50 'pp'" 'nd "P"" ,h,i, vi,w, on th, 'ppli"'ion, ,i,h" in p'"on 0' by 'g,n<," ,nd 'ub,d,"" ,h, fn'lowing in li,u ,h"oof, "Following ""ip' of , ,ompl",d ,ppli",ion fo, , w;,ntt. ..d 'ny ,ddi,ion,J info'm"ion "qui"d by ,h, Bo"d puuu,n, '0 S",ion 6-107.2, , h",ing ,h,1I b, hdd with du, diIig,ntt by ,h, Bo"d '0 ,o",id" ""h 'ppli",ion. Nodtt of th, ,im, 'nd pi", of ,h, h",ing ,h,1I b, m,d, known by ,h, Bo"d by ""ifi,d m,il nodfi",ion to ,II ,but';ng p"'p"'y own", ,nd o,h", 636 Special Session, December 22, 1975 Special Session, December 22, 1975 w"hin ,wo h=d"d f", (200') of thc p<opmy fo, whi,h ",i"", i, ,ough,. A, ,hc hming ,11 in""",d pmi" ,h,ll bc ,ffo,dcd , ""on,blc opponuni,y to 'ppm ,nd <xp"', ,hdt vicw, on ,hc 'p- plimion, ci,h" in ","on Ot by ,gcnt." In Sc"ion r-IOJ.6.J.I, "dd<XI "P"k- ing Lo, S"nd"d'" dcl", ,he following' "All p"king 1°" ,h,ll confo'm ro ilic following ",nd"d,,", 'nd ,.b"i,"" in licu ,h",of, "All p"king 1°" ,h,ll con- fo'm to ,hc following ",nd"d, mev' 1°" lo""d wholly wi,hin ,n H-I H"vy In- du",i,1 Di"""," In S",ion r-IOJ.6.J.I, und" ,ub","on (I) dd", ,hc following, "App<op,i"c vi...1 ""cniog in 'onfo'm"'" wi,h ,hc ""cning "'nd"d, of S"don 5-IOJ.6.2 ,h,ll bc p<ovided on .II poniom of ,hc p"king 1°' pc"mcw "" which m vi,- iblc horn ,ny ",idenei,1 di",i" lo""d wi,hin 'wo hund"d f", (200') of ,nch p"king 1o" ""pt in exi, °' """ d"vc- w',"," ,nd ,.b,d,"" in licu ,hmof, ,hc following' "App<op""e vi,.,1 "",ning in co.fo'm,n" w"h thc ""cning ,"nd"d, of S",ion r-!OJ.6.2 ,h'¡l bc p<ovidcd on ,11 po<dom of ,hc p"king 1°' ""imcw mcp' in exi, 0< """ d,ivcw,y'," In Sc"ion '-IOJ.6.2.I, und" ,ub",don (4) dd", ,he fulluwing' "All p"king 'p"" ,h,ll bc dmly "",kcd. App<op"- "dy ph"d ,igm ",d/o, pmmene dim- don' ,h,ll bc cmploycd '0 guide in",..l ,i«ul"ion 'nd ",£fi, """ ,nd exi,. No e""n" 0< cxi, d"vc m,y be d°'" ,h", fiÜ"n (H) fc" f<om ,hc n""" ",idc.,i,1 dimi"," ,nd ,ub""u" in licu ,h"oof ,hc following' "All p"king 'p"" ,h,ll bc dmly m"kcd. App,op,i"dy ph"d ,ign, ,ndlo, pmmcn' dimdon, ,h,lI be cmploycd ro guidc inwn,1 ci«uh- don ,nd ",ffie """ ,nd cxi<," In S",ion 4-114.2, en,idcd "P"neip,1 P"mi",d u",," und" ,ub"edon (2), dc- l"c ,hc following' "R""u"n,,. d,ivc-in "dng ""bli,hmcn", ,nd b", °' tm,",," ,nd ,ub"i,." in lieu ,hmuf ,hc follow- ing; "Indoo, ""'u,,n" °' d"vc-in "'- "unn", b", "' '.."m." In S"don 4-II 5.2, c.,itlcd "P,ineip'! P"mi"cd u",," und" ,ub""ion (5) dd"e ,he following, "R"t,""n", b"" 0< 'm,.,," ,nd ,nb"i,"" in lim ,h",of <hc following' "Indoo, ""'u"n" °' d,in-in ,,"'nnn": Ii", °' tm,",." In Se"ion 4-1I6.2, enddcd "P,ioeip,1 P"mimd u",," nnd" ,ub""ion (7) dd", ,hc following' "E"ing ""bl¡'h- mcn", bn' no' '° indudc d,ivc-in ""',or- ,n"," ,nd ,ub,dtn" in licn <h"oof ilie :ll~c::~::'n::~,doo, ,,"'unn" 0< d,in- In Sc"ion 4-117.2, eneitlcd "P,indp,1 P"mi"cd u",," nnd" ,.b""ion (5) de- l", ,hc following' "E"ing ""bli,hmcn", bnt no' indnding d,ivc-in "",unn"," ,nd ,ub"i,"" in lim ,h",of ,hc follow- ing' "Indoo' ,""u"n" 0< d,ivc-in "'- "nnn"." ......-.------~"~---~-- ~ , . .. I In Se,don 4-10'.', endtlcd "P,indp,1 P"mimd u",," nnd" 'nb",don (16), dole" ,hc following' "Andi'",ium" ""m- bly h,ll" ,nd ,imil" phe" of publi, ,,- "mbly." In Smion 4-1I5.2, endtled "P"n,ip,1 P"mimd U"'," und" ,ub""ion (J) dd"c ,hc following' "Audi,o"um" ""m- bly h,ll" dub, ,nd phe" of pub'ie ,,- "mbly." In S",ion 4-1I4.2, cntidcd "P,ineip,1 P"mi"cd U",," , ncw 'ub""i= (14) " follow" "(14) Bowling ,1l"Y' 0< oili" eomm"e;,l """don ""bli,hmcn"." In S"don 4-116.2, entitled "P,ineip'¡ P"mi"cd u",,'. ,dd , ncw ,.b",don (II) " follow" "(II) Ho,,!, ,nd mo- ,01,." In Seedon '-106, cndtlcd "R"idcnd,1 Dwclling P"mi"cd in Commmi,1 Di,- t"""" dd", ,he following' "W"hin ,ny Col. C-2, C-J. C-4 "' C-r Di",i". ",i- dcnd,1 dwclling ,h,ll bc p"mi"ed ,bove ,hc fim floo, of my building p<ovidcd howcvc<, ,Ii" , 1°' "" of " I"" 600 'qu"c fc" "" dwclling uni, Flu, '00 'qum f"t fo' e"h bcd'nom con"i~d ,h",in ,h,ll bc "qui"d. In ,ddidon, no< Ic" ,h,n 1.0 off-m'" p"king 'p"" mu" be p<ovidcd fo, ",Ii dwclling uni'," ,nd ,.b,,"u" in licu ,h"oof ,hc fuHowing, "Wi,hin my C.I, C-2, C-J, C-4, °' C-, Di",i", ",iden,i,1 dwdling ,h,1l be p"- mined ,bove ,hc fin< floo, of 'ny build- ing, p<Dvid,d howtve" ,h" , 10' "" of " Ic", 600 'qum f", "" dwelling unit Flu, roo 'qu"e fc" fa< "eh bcd,oom ,"n"ined ,hmiu ,h,1l bc «qui"d. In ,d- d"ion, nno, Ie" ,h,n 1.0 off-"", p"king 'p"" mu" b, p,ovidcd fo< c"h dwclling uni" mev, in ,hc Co, Dimi"." SECTION 2. Th" ,hc fo«going 'mcnd- men" hm h",'ofo" bcen 'pp<ovcd by ,hc Phnning ,nd Zoning Commi"ion of thc Ci'y of Dubuquc, low,. P""d. 'pp<Dved ,nd ,dop<cd ,hi, 22nd d,y of D",mb", 1975. C. Robe" Ju"m'nn M,yo, Alvin E. Lundh Thorn" A. Tully J', J'm" E. B"dy Emil S"eki, Couneilmcn Petition of Jack Jones Excavat- ing requesting permission to exca- vate at 2200 Rhomberg Ave., pre- sented and read. Counciiman Stack- is moved that the petition be re- ceived and filed and request ap- proved. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Petition of George H. Weitzel re- questing vacation of a 20' wide al- ley located between Bradley and Grandview, presented and read. Councilman Lundh moved that the petition be received and filed and referred to ,the City Manager. Sec- onded by Councilman Stackis. Car- ried ,by the follnwing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Petition of St. John's Lutheran Cemetery Ass'n. et ai, requesting the installation of a street light on Davis Avenue (10 signers), pre- sented and read. Councilman Lundh moved that the petition be referred to the City Manager. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Petition of Earl Bisanz et ux ob- jecting to the installation of a street light on their lot line as petitioned for by St. John's Ceme- tery Ass'n., presented and read. Councilman Lundh moved that the petition be referred to the City Manager. Second 'by Councilman Stackis. Carried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Aully. Nays-None. ¡- ,Petition of North Dubuque Im- provement Ass'n. Inc. requesting a public hearing on the proposed extension of Central-White one-way couple, also on the proposed re- paving of Jackson Street, present- ed and read. Councilman Lundh moved that the petition be refer- red to the City Manger to prepare information to Council and invite North Dubuque group to attend meetings. Seconded by Councilman Stackis. Carried by the following vote: ATTEST, Loo F. F'ommd, Ci'y CI"k Publi,hcd offici'¡ly in ilie Telcg"ph Hmld New,p'",' thi, 26,h d,y of Dc- "mb" 1'7'- 1, 12/26. Lco F. F<Dmmc], G", CI"k Councilman Stackis moved final adoption cf the Ordinance. Second- ed by Councilman Brady. Carried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays - None. Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. Councilman Brady moved that the Council NOT meet on January 19, 1976, due to Political Caucusus being held. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. December 18, 1975 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Lots 1 through 24 of Block 16 and Lot 1 of Block 17 in Mettel-Byrne Addi- tion in the City of Dubuque, Iowa. The Commission has found that the plat conforms to the prelimin- ary plat for the area. It is the recommendation of the Commis- sion that the plat be approved. CITY PLANNING AND ZONrnG COMMISSION Daniel Dittemore Development Planner Mayor Justmann moved that the communication be received and fil- ed. Seconded by Councilman Stack- is. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully. Nays-None. RESOLUTION NO. 454.7S RESOLUTION APPROVING THE PLAT OF BLOCK 16 AND BLOCK 17 iN METTEL-BYRNE ADDITION IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 16 and Block 17, in Mettel-Byrne addition in the City of Dubuque, Iowa, by Mettel Realty & Invest- ment Co.; and WHEREAS, upon said plat ap- pear streets to be known as Ad- miral Street, together with certain public utility easements which the OWners by said plat have dedicated to the public forever; and WHEREAS said plat has been examined by 'the City Planning and Zoning Commission and had its ap- proval endorsed ,thereon; and WHEREAS, said plat has 'been examined by the City Council and they find that the same conforms 637 638 Special Session, December 22, 1975 639 to statutes and ordimm. ces relating I thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; . NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF D'UBUQUE, IOWA: Section 1. That the dedication of Admiral Street, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accept- ed; Section 2. That the plat of Block 16 and Bl""k 17, in Mettel-Byrne Addition in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade i and to construct concrete curb I and gutter to hard surface Ad- , miral Street with bituminous. concrete, or with concrete pav- ing with integral curb, all in ac- cordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted I with the plat; , c. To install water mains and water' service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications 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 Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at Special Session, December 22, 1975 the sole expense of the Subdivid- er, Mettel Realty & Investment Co., as owner; i. To construct said improvements, except sidewalks, prior to De- cember 20, .1977, and to con- struct the sidewalks prior to December 20, 1979; and further provided that said Met- tel Realty & Investment Co., as owner of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Met- tel Realty & Investment Co., shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 22nd day of Decem- ber, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. Emil Stackis Councilmen RESOLUTION NO. 454-75 has been furnished by the owners. Dated at Dubuque, Iowa this ...... day of """"""""""""""""""" 19...... Gilbert D. Chavenelle City Manager Mayor Justruann moved adop- tion of the resolution and approval subject to verbal understanding with the Engineering's office to 'be reduced in writing. Seconded by Councilman Stackis. Carried by the following vote: Yeas.--Mayor Justmann, Council- men Lundh, Stackis, Tully. Nays--Councilman Brady. STATE OF IOWA PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: City of Dubuque, Public Employer and Dubuque Association of Professional Fire Fighters, Local #353, Petitioner Fire Chief, Fire Chief and all other persons excluded by Sec- tion 4 of the Act. DONE by the Public Employ- ment Relations Board. John R. Loibl, Board Member Councllman Stackis moved that the Order of Certification be re- ceived and filed and made a matter of record. Seconded by Councilman ~~:~Y. Carried by the following Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tnlly. Nays-None. December 19, 1975 Honorable Mayor and City Council The Fair Labor Standards Act of 1938 was amended by P. L. 93-259, 88 Stat. 55, May 1, 1974. According to regulations on Po- lice and Firefighters, promulgated by the Department of Labor on No- vember 1, 1974, the City of Du- buque must make a positive decla- ration of what constitutes a "work period" for Police and Fire De- partments. These regulations fur- CASE NO. 520 ther. stat~ tha~ if the practice of ORDER OF CERTIFICATION tra~g time IS to be continued, Now on this 10th day of Decem- the cIty must ':'lake a positive dec- ber, 1975, the Board being advised laratlOn tha! time traded must be that an eiection was conducted paId .back w,thin the calendar year. pursuant to Order of the Board Fallure to comply with these reg- and that Dubuque Association of ulations could result in the pay- Professional Fire Fighters, Local ment of unnecessary overtime. #353, an employee organization, I submit for .your approval the received an affirmative vote of the attached resolutions to comply with majority of employees in the bar- these directives. These are identi- gaining unit, and the Board having cal to the resolutions which were further found that the employee passed for the year 1975. organization ha. fully complied Gilbert D. Chavenelle with all regulations of the Act and City Manager the rules and regulations there- Mayor Justmann moved that the under, communication be received and IT IS HEREBY ORDERED BY filed. Seconded by Councilman THE BOARD that Dubuque Asso- Tully. Carried by the following ciation of Professional Fire Fight- vote: ers, Local #353 should be, and I Yeas-Mayor Justmann, Council- hereby is, designated and certified men Brady, Lundh, Stackis, Tully. by this Board to be the exclusive Nays-None. bargaining repr~sentative for the RESOLUTION NO 455.75 employees of City of Dubuque a . .' public employer, in the following Res?lutoon estabhshing end d. bargaining unit. clarong the work period for em- '.. . ploy..s engaged in law enforc. INCL1!DED: Fire Fighter, Fire ment activities and establishing EquiPmen.t Operat~r, Fi,re Lieu- and declaring shift trading pol. tenant, Fire Captam, Fire Mar- Icy shal, and Ambulance Driver At- wHEREAS, the Fair Labor tendant. Standards Act of 1938 as amended EXCLUDED: Civilian Fire Dis- by the Fair Labor Standards patcher, Stenographer, Assistant Amendments of 1974 (pUB L. 93- ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 454-75 We, the undersigned Mettel Real- ty & Investment Co., having read the terms and conditions of the foregoing Resolution No. 454-75 and being familiar with ,the COIl- ditions thereof, hereby accept the same and agree to perform the condHions required therein. Dated at Dubuque, Iowa, this 14th day of January, 1976. C. E. Mettel President Lorraine Klumpp Vice Pres. TO: LEJOF. FROMMELT CITY CLERK This is to certify that the secur- ity provided by the foregoing 640 Special Session, December 22, 1975 Special Session, December 22, 1975 641 - -- -- - 'I.L[_I"__"""_*""-~""~' adopted and approved I Yeas-Mayor Justmann, Council- day of December 1975. men Brady, Lundh, Stackis, Tully. Nays-None. C. Robert Justmann Mayor RESOLUTION NO. 459-75 Alvin E. Lundl.t WHEREAS, applications for Liq- Thomas A. Tully, Jr. uor Ucenses have been submitted James E. Brady to this Council for approval and Emil Stackis the same have been examined, Councilmen NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David A. Parochetti, 2600 Dodge Street Passed, adopted and approved this 22nd day of December 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis 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, Council- men Brady, Lundh, Stackis, Tully. Nays-None. RESOLUTION NO. 460-75 WHEREAS, applications for Uq- CLASS "C" BEER PERMIT uor Ucenses were filed by the Donald E. Wertz 1545 S. Grand- within named applicants and they view Ave.' have received the approval of this Passed adopted and approved Council, and this 22ß(i day of December 1975. WHEREAS, the premises to be occupied by such applicants were C. Robert Justmann inspected and found to comply Mayor with the State Law and all City Alvin E. Lundh Ordinances relevant thereto and Thomas A. Tully, Jr. they have filed proper bonds, James E. Brady NOW THEREFORE BE IT RE- Emil Stackis SOLVED by the City Council of Councilmen Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Uquor Ucense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David A. Parochetti, 2600 Dodge Street Fire Protection Activities, as de- fined in said Fair Labor Standards Amendments. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That the declared work period for employees en- gaged in Fire Protection Activities as defined in the Fair Labor Standards Amendments be twenty- one days commencing December 22, 1975. Section 2. That the past practice of voluntary shift trading be al- lowed to continue with the de- clared policy that all shift time traded be paid back during the same calendar year in which the shift trading occurs. Section 3. That this declaration of work period and shift trading be effective January 1, 1976 through December 31, 1976. Passed, adopted and approved this 22nd day of December, 1975. C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis Councilmen Passed, this 22nd 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, Council- men Brady, Lundh, Stackis, Tully. Nays-None. RESOLUTION NO. 458.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. 259, 88 Stat. 55) requires the dec- larations of a work period and a declaration of a policy for shift trading for employees engaged in Law Enforcement Activities, as de- fined in said Fair Labor Standards Amendments. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That the declared work period for employees en- gaged in Law Enforcement Activ- ities as defined in the Fair Labor Standards Amendments be twenty- one days commencing December 22, 1975. Section 2. That the past practice of voluntary shift trading be al- lowed to continue with the de- clared policy that all shift tIme traded be paid back during the same calendar year in which the shift trading occurs. Section 3. That this declaration of work period and shift trading be effective January 1, 1976 through December 31, 1976. Passed, adopted and approved this 22nd day of December, 1975. C. Robert Justruann Mayor Alvin E. Lundh Attest: Thomas A. Tully, Jr. Leo F. Frommelt James E. Brady City Clerk Emil S~ckis Mayor Justmann moved adop- CouncIlmen tion of the resolution. Seconded by Attest: Councilman Tully. Carried by the Leo F. Frommelt following vote: City Clerk Yeas-Mayor Justmann, Council- Mayor Justmann moved adop- men Brady, Lundh, Stackis, Tully. tion of the resolution. Seconded by Nays-None. Counc!lman ~llY. Carried by the RESOLUTION NO. 457-75 fO~~~~:~~ Justmann, Council- ~S, applications. for men Brady Lundh Stackis Tully Beer Permlls have been sublßltted Nays-N¿ne.' , . to this Council for appr?val and the same have been exammed; RESOLUTION NO. 456-75 NOW THEREFORE BE IT RE- Resolution establishing and de- SOLVED by the City Council of claring the work period for em- the City of Dubuque, Iowa, that ploye.. engaged in fire protec- the following applications be grant- tion activities and establishing ed and permits issued upon the and declaring shift trading pol- compliance with the terms of the icy. Ordinances of the City. WHEREAS, the Fair Labor CLASS "B" BEER PERMIT Standards Act of 1938 as amended JFK Fast Foods, Inc., 2075 JFK by the Fair Labor Standards Drive (Also Sunday Sales) Amendments of 1974 (pub. L. 93- Loras College, Alta Vista St. & 259, 88 Stat. 55) requires the dec- Loras Blvd. larations of a work period and a CLASS "C" BEER PERMIT declaration of a policy for shift Donald E. Wertz, 1545 S. Grand- trading for employees engaged in: view Ave. CLASS "B" BEER PERMIT JFK Fast Foods, Inc., 2075 JFK Drive (Also Sunday Sales) Loras College, Alta Vista St. and Loras Blvd. Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: 642 Special Session, December 22, 1975 Passed, this 22nd adopted and approved day of December 1975- C. Robert Justmann Mayor Alvin E. Lundh Thomas A. Tully, Jr. James E. Brady Emil Stackis 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, Council- men Brady, Lundh, Stackis, Tully. Nays-None. At 9:35 P.M. Councilman Brady moved to go into Executive Session to discuss personnel. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Tully- Nays-None. Council reconvened in Regular Session at 10:09 P.M. Ne results of the Executive ses- sion were announced. There being no further business, Councilman Lundh moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis,. Tully. Nàys-Noné. Leo F. Frommelt City Clerk Approved ..................1976 Adopted ...................1976 .............................. .............................. ..........-................... .............................. .............................. Councilmen Attest: .............................. City Clerk