The URL can be used to link to this page

1974 January Council Proceedings 1974 INDEX - BOOK 104 SUBJECT P"ge y Mar. ll-Youth Services submitting application of Miss Sharon Love for appointment to the Board of Directors. .. 25-YMCA-YWCA, requesting to finalize position and de- tails on Youth in Government Program for April 22, 23 and 24th. ...................."...................................... April 8-YM-YWCA, parking requesting on one side of N. Booth May 13--YOu~ì, ~r~~~~t¡'~~~~\i,;g"ïiï..tii;"'p~iiëë"'Liäioo~ Project. ............................................................................ .. 23--Ya~~:'J~:,¡~~:~n ~~~~~iflth~olg~Pf~~, ~;N~g; Intersections. ","""""""""""""""""""""""""""""""'" July I-Youth Services System, Ass'.t. City Manager submitting resolution application for community based same. .. 22-YMCA-YWCA requesting to rezOne Northeast corner :¡~n~!Tst~cr~thm~!~~' fi::"n/~g ~~~~~."f~; non-revenue off-street parking use. ....................394, 485, 512 Sept. 23--Yiannias, N. J. and Christine, annexing "Waechter Place in Center Grove" to the City. ....................486,529, 552 Oct. 7-YMCA to sponsor Halloween Parade to be beld Octo- ber 30. .............................................................................. 508, 510 Dec. 16-Yount, Mrs. Viola, Objection to opening of Triple X Theatre. ............................................................................ 1102 Z Feb. IS-Zoning Ordinance, be revised to that sector relating to Clubs, Lodges, and Philanthropic Groups. 110,170, 460 " 25-Zahina, Richard, authorized to construct chain link fence at 2513 Windsor. """",""""""""""""""""""'" 115 June t7-Zayre Snack Bar, Granted Cigarette Permit. ................ 352 July 22-Zimmer, Mrs. Christine etal, objecting to proposed building on corner of Alpine St. & University Ave. 395, 404 .-.-- ".--- 121 165 193 277 298 366 }1I1II.l__.. Regular Session, January 7, 1974 CITY COUNCIL OFFICIAL Regul.. Session, JanlNlry 7, 1974. Council mat at 7:30 P.M. (C.T.D.) PreHnt - Mayor Sitter, Coun- cilman Justmann, Moldanhauar, Pregler, Thoms. City Mana- Gil- bert D. Chavenelle. Mayor Bitter called the meeting to order and stated that this is the REGULAR MONTHLV MEETING of the City Council, and also the FIRST MEETING OF TIlE FISCAL YEAR, for the purpose of acting upon such business as may prop- erly come hefore the meeting. Retiring Mayor BiUer and Coun- cilmen Wayne A. Moldenhauer and Walter A. Pregler, expressed sen- timents of appreciation before leaving the Council Chamber. City Clerk Frommelt adminis- tered the oath of office to the newly elected Councilmen James E. Brady, Alvin E. Lundh and EmU Stackis. Councilman Justmaun moved to piace himself in nomination for the office of Mayor for the en- suing year. Motion died for lack of a second At 7:50 P.M. Council- man Thoms moved that the Coun- cil retire into executive session to nominate a Mayor for the ensning year. Seconded by Councilman Lundh. Carried by the fallowing vote: Veas - Councilmen Justmann, I Lundh, Stackis. Thoms, NaYs--Councilman Brady. The Council reconvened in regn- I.. session at 8:17 P.M. Council- man Lundh moved that Council- man Allan T. Thoms be elected to serve as Mayor for the ensuing year. Seconded by Councilman Stackis. Carried by .the following vote: Veas - Councilmen Brady, Lundh, Stackis, Thoms. Nays-None. Abstained - Councilman Just- mann. City Clerk Frommelt adminis- tered the oath of office to Mayor Thoms. Councilman Brady moved that Councilman Justmann be elected to serve as Presiding Of- ficer Pro Tem for the ensuing year. Seconded by Councilman I Lundh. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 1-74 Providing for the Appointment of a City Manager, City Clerk, and City Solicitor for the City of Dubuque, Iowa: providing their salaries and fixing their bonds. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the following officers be appointed, subject however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with Or without cause, and to be paid the compen- sation provided in tbe budget ap- proved October 10, 1973, and that the City Manager provide a bond in the amount of $5,000, and the City Solicitor provide a bond in the amount of $1,000 at their own expense and that the City Clerk be covered under the Blanket Honesty Bond of the City. City Manager Gilbert D. Chave- nelle City Clerk Leo F. Frommelt City Solicitor R. N. Russo Passed, adopted and approved this 7th day of January 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms administered the oath of office to the Manager, Clerk and Solicitor. RESOLUTION NO. 2-74 A ResolutIon Designating the OHlclal Nowspaper of the City of DubuqlNl, Iowa. - 2 Regular Session, January 7, 1974 BE IT RESOLVED by the City of Dubuque, Iowa: That "TIlE TELEGRAPH HER.- ALD" a daily newspaper of gen- eral circulation, be appointed the official newspaper of the City. Passed, adopted and approved this 7th day of January 1974, Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution, Sec- onded by Councilman Brady. Car- ried by the following vote: Veas - Mayor Thoms, Council. men Brady, Justmanu, Lundh, Stackis. Nays--None. RESOLUTION NO. 3-74 BE IT RESOLVED by the City of Dubuque of Dubuque County, Iowa: That we do hereby designate the following named banks to be depositories of the City of Du- buque funds in amounts not to ex- ceed the amount named opposite eacb of said designated deposi- tories and the City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the Mgregate the amounts named for said banks as follows, to-wit: American Trust & Savings Bank, Dubuque, Iowa, Maximum De- posit in effect under prior reso- lution, $5,000,000; Maximum De- posit under this resolution, $5,000,000. Dubuque Bank & Trust Company, Dubuque, Iowa, Maximum De. posit in effect under prior reso- lution, $5,000,000; Maximum De- posit under this resolution, $5,000,000. First National Bank of Dubuque, Dubuque, Iowa, Maximum De- posit in effect under prior reso- lution, $5,000,000; Maximum De- posit under this resolution, $5,000,000. Key City Bank & Trust Company, Dubuque, Iowa, Maximum De- posit in effect under prior reso- lution, $5,000,000; Maximum De- ~ - - _l~ "A!II..","_.""""""",~" posit under this resolution, $5,000,000. The vote on the resolution is as follows: Veas--Allan T. Thoms, Mayor, James E. Brady, C. Robert Just- mann, Alvin E. Lundh, Emil Stack- is, Councilmen. Nays-None. Dated at Dubuque, Iowa, this 7th day of January, 1974. Leo F. Frommelt SEAL The amount authorized by this resolution is hereby approved. Isl Maurice E. Baringer 1/16/74 Treasurer of State. Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of General Driv- ers & Helpers Union, Dubuque Po- lice Protective Ass'n., Operating Engineers Local 758, Dubuque Pro- fessional Firefigbters Ass'n., re- questing a meeting with the City Council due to the information submitted by Mr. Bockes that an impasse has been reached in ne- gotiations, presented and read Councilman Stackis moved that a meeting be held on Friday, Jan- uary 11th at 4 P.M. Seconded by Councilman Brady. Carried by the following vote: Mayor Thoms, Counclmen Brady, ,Jus.mann. Lundh, Stackis. Nays-None. January 2, 1974 To the Honorable Mayor and City Council As City Manager I wish to ad- vise your Honorable Body that all offieers and employees who I have power to appoint and are under my supervision, direction and con- trol, and whose appointments con- tinue at the pleasure of the Man- ager and who are now serving in their respective capacities, shall be paid salaries in accordance with the detailed distribution of proposed expenditures for 1974 which the Council established at the time of budget hearing and adoption, and in accordance with the attached "City of Dubuque 1973 Wage and Salary Plan" and supplemental rate sheets modify- Regular Session, January 7, 1974 3 ;ng pages 31, 32, 33 and 34 of the 1973 plan. Since additional wages and bene- fits over the 1974 budget have been offered and are under con- sideration by employee groups, further wage proposals will be brought before the Council. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Siackis. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the comunication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 1-74 An Ordinance Allocating and Making Appropriations of Tax Levies and Other Sourc.. of Revenue to the Expenditures of City Government for 1974-1975, 18 Month Period from January I, 1974 to June 30, 1975, pre- sented and read. Councilman Brady moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Brady moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 2, 1974 To the Honorable Mayor and Members of the City Council An Ordinance has been prepared allocating and making appropria- tions of tax levies and other sources of revenue for expendi- tures of the City Government of the City of Dubuque, Iowa, for the 1974/75-18 months period begin, ning January I, 1974,and ending June 30, 1975, and authorizing cer- tain transfers of funds. This Ordinance is in accord with the budget expenditures adopted by the City Council on October 10, 1973. Gilbert D. Chavenelle City Manager ORDINANCE NO. 1.74 An O,dio,n" ,Ilowing ,nd m,king ,pp,op""iom of "X levi" ,nd o,b" ,oum, of ,mnu' '0 ,b, oxp,ndi,u", fo' Ci'y Gownm,n, in ,b, Ci,y of Dubuqu,. foe m, 1974-1975-18 momb, pe,iod, b,ginning J,nu"y I. 1974, "d onding Jun' 30. 1975, ,nd mbo,i,;ng "",in '"mfm of fund" B, i, o,d';n,d by ,b, Ci'y Coun,il of ,b, Ci,y of Dubuqu" Section I. Tb" ,b", i, b",by ,Ilow,d ,nd 'ppwp,i",d £Com ,b, ""m."d "vmu" £Com ,II 'ox levi" in ,b, Ci'y of Dubuqu,. ,og"b" wi,b ,b, ""m",d ,,- ,op" fwm ,ou"" o<b" ,b,n '","on, ,nd un,noumbmd b,l,n", fwm ,b, fi",1 y'" of 1973, ,II " b"on,f", '" fo"b, '° ,b, p'ym'n' of ,b, n""",'3' oxp,ndi,u", of ,b, d,y go","m,n' in ,b, following ,moun" 'nd fa, ,b, pU'PO'" '" fo"b in ,hi, o,din'n" ,nd '0 ,hot ,nd ,b, mn,fm of fund, " bmin,£C" '" fo"b He b",- by ,nebo""d, '0 wi" CITY OF DUBUQUE BUDGET ALLOCATION 1974-75 - 18 Months Period Fund Levy in Fwm Mi". Un,noumb, To,,1 Mill, Tn" Rmnu, B,lon", Approp. G,n",1 5.543 641.901 862.050+ 22,500 1,5Z6.451 5"", 2.Z69 Z62,759 28.19B 10,000 300,957 Publi, S,f"y . .15.757 1,824,723 797.698++ 120,500 2.742,921 S'ni,,"on 3.825 442.950 651,ZJ2 10,000 1,104,182 Munidp,1 En"'p,i,, 3,512 406.704 273,397 51.071 731,172 R"","on 6.717 777,855 210.895 24,000 1,0IZ.750 U,ili';" Z.454 284.183 1.777,987 6,000 Z,068,170 Rmnu' Sb"ing 1,487.563 147.000 1.634.'" Fun"ion,I-Sub To,,1 . 40.077 4,641,07' 6.089,020 391,071 11,121,166 D,b, Smi" .10.846 1,256,010 5,955 1,261,96' 4 Regular Session, January 7, 1974 T,." ,nd Ag,ncy 15.849 1,835,377 6,649 Z4,OOO 1,866,OZ6 Tote Li,billty ..43 51,301 194 51,4" S~ee Ren,,1 ......... 1,540,527 253,634 1,794,161 Ste"'t (Ro,d V" Tu) 1,415,641 1,415,641 P"king F,<iliti" ... 431,817 431,817 To,,1 ... ... .. . 67.215 7,783,763 9,529,803 668,705 17.982.271 + ¡nclud" $ 48,013 S"" R,plmment of Feonn Moni" ,nd C"di" T.. ++ ¡nclud" $375,000 T"..fee teom Liqnoe Peofit Fnnd $ 45,000 T"..fee feem Fi" S"tion Conmuctinn Fund 1974 CITY OF DUBUQUE BUDGET ALLOCATION Jonu"y I, 1974 theengh Dec,mbee 31, 1974 Levy in Feom Mi". Vcencwnb, Total Mill, Tu.. Royenue B,lon,," Approp. Gen",1 3.407 394,586 589,565+ 10,000 994,151 Ste"'t 1.503 173,999 18,858 192,857 Pnblic S,t"y 9.684 1,121,399 55J,S2Z++ 100,000 1,775,Z21 S,ni"tion 2.518 Z91,597 430,285 nl,882 Mnnidp,l En"epti" 2.310 Z67,532 18Z,766 34,674 484,9n R'm"ion 4.451 511,448 144,702 15,000 675,150 Vtiliti" ......... .. . 1.609 IS6,317 1.201,S53 4,000 1,392,170 Rovenue Shoeing .. ... 952,013 147,000 1,099.013 Functio..!-Sub To,,1 . Z5.48Z 2,950,87S 4,073,864 310,674 7,335,416 D,bt Smi" 7,383 815,017 3,948 S58.965 Tn'" ,nd Agency ..10.341 1,197,516 4,510 20,000 1,2ZZ,026 Ton Li,billty .294 34,090 105 34,195 S,wee R,n"! . . .. 1,043.527 189,234 I,Z32,761 Sm" (Rood V" Tu) 970,241 970.241 P"king F,ciliti"... 287,917 287,917 Tn"l .. . .. . ..... . A3.500 5,037,501 6,384,I1Z 519.908 11,941,521 + ¡nclud" $ 3Z,013 S"" R'p¡'"m,nt of Feonn Mnni" oed C"din Tu ++ ¡nclud" $250,000 T"..fee fenm Liquoe Peotit Fund $ 45,000 T"",fee feom Fi" S"tion Conmuction Fund 197~ MONTHS CITY OF DUBUQUE BUDGET ALLOCATION Jonu"y I, 1975 thenugh June 30, 1975 L,vy in Feom Mi". Vnencwnb, To,,1 Mil, T"" Rovenu, B,lonc" Approp. G,n",! Z.136 247,311 2n,485+ lZ,500 532,300 St""t .766 88,760 9,340 10,000 108,100 Public S,t"y 6,073 703,324 243,876++ ZO,500 967,700 S,nit"ion 1,307 151,353 Z20,947 10,000 3S2,300 Munidp,l Enmpei" 1.202 139,ln 90,631 16,397 Z46,200 R,m"ion Z.Z66 Z62,407 66,193 9,000 337,600 Vti!iti" . ." .845 97,866 576,134 2,000 676,000 Rovenu, Shoeing . .. 535,510 531,510 Function,I.Sub To,,1 14.595 1,690,197 Z.015,156 80,397 3,785,750 D,bt Seevi" 3.463 400,993 2,007 403,000 T,." oed Agency 5.50S 637,861 Z.139 4,000 644,000 Tote Li,bility .149 17,211 89 17,300 S,wee Ren,,1 ... .. .... 497,000 64,400 561,400 S,,"'t (Ro,d V" Tu) 485,400 485,400 P"king F"iliti" . . 143,900 143,900 To,,1 .... ... .. ......23.715 2,746,Z62 3,145,691 148,797 6,040,750 + ¡nclud" $ 16,000 S"" R'pl"""ent of Feonn Moni" ,nd C"din Tu ++ ¡nclnd" $125,000 T"n,fee feom Liquoe Peefit Fund Section 2. Genersl Miscellaneous Revenues. G'n",l mi",ll'neou, "v- 'nu" which ,eo collec"d dueing th, fi",1 peeiod ,h,ll be .llow,d to the fund, and poe- " peovid,d foe heeein ,nd ,h,ll be ",ed foe th, p'ym,nt of th, expe.." of ,uch fund, and poe""", in th, ""'" hee"" ,hown. Section 3. Surplus. Any ,uepl", not ,pecific'¡ly .llow,d foe, ddini" pue"",' in the budget ,h,ll b, ..d th, "m, i, heechy .pproptined ..d '" 'p'" to be ,ppli,d " conting,nd" "m ne m,y b, u"d foe ,uch peopee pue""", " th, Coundl m'y d",emine upon. Nothing hee"" con"iced ,hall ,uthonn the "'..- fee of fund, e"lind feom tu" to , fund 0< puepo" foe which "y tu levy h" not been m,d" m"Pt only with th, 'ppeoval of th, Sue, Compteollee. Section 4. Delinquent Tax Collections. D,linquent peioe yeu', tu col- ¡ectio", ,h,ll be ,lloc"ed to the e"pective fund, mœt logicolly including the pu"""e foe which the tu w" levied when ..d " the ..me '" received by the City Tm,um. Fund Fund Regular Session, January 7, 1974 Section 5. TIu. oedi..nce ,h,ll be in fo"e ..d effect feem 'nd ,f"e in £Jøal p.."ge, adoption ,nd 'ppeev.! by the City Council ,nd pnbli",ion .. peovided b1 low, ..d the 'Preopti,tio", hee"" peovided ,h,ll be mil,ble when t"",femd to th", ",pective fund.. Section 6. Thi, oedi..nce peevid" foe th, "I"y of "ch Counciim,n to be "bliohed, fixed ..d p'¡d in the 'mount of $2,000.00 pee ye" fo< "ch Coundlmon ::'pectively, in moed..ce with ..d pnnu..t to R..olntion No. 39Z-71 of th, City Council p",ed and ,dop"d on the 20th d,y of Dec""bee, 1971. p",ed npon fi"t mding th¡, 7th d,y of J"U"1, 1974. P"",d, ,dop"d ..d 'ppeoved upon fin,1 mding thi, 7th d,y of J..u"y, 1974. All.. T. Thoms Mayor Alvin E. Lundh Emil Stackis Jama E. Beady C. Robete Jwtm= Councilmen ATTEST, Leo F. Feomen,l" City Cleek Pnbli,hed offici,fiy in th, Tel'g"ph He"ld n'w'papee dm lOth d,y of J"U"1, 1974. Leo F. Feemenelt City Cleek It. I-1O Councilman Brady moved final adoption of the Ordinance. Sec- onded by Mayor Thoms. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. December 28, 1973 To the Honorable Mayor and Members of the City Council We hereby submit personal bonds for the City Manager and City Treasurer and desire to have your approval on same. Gilbert D. Chavenelle, City Man. ager, Midwestern Casualty & Surety Co. Bond No. FO-55380 .............................................. $5,000 Gerald Hird, City Treasurer, The Ohio Casualty Insurance Co. Bond No. 1653565 ............$50,000 Gilbert D. Chavenelle I City Manager Councilman Justmann moved ap- proval for filing. Seconded by Councilman Stackis. Carried by the fallowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackia. Nays-None. December 21, 1973 To the Honorable Mayor and City Council I herewith submit the reporta of the City Auditor, City Treasur- er, Water Superintendent, Health Department, as well as a list of claims paid, for the month of No- vember 1973. Gilbert D. Chavenelle City Manager Councilman Juslmann moved that the reporta be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements and list of claims for November 1973, presented and read. Councilman Justmann moved that the proof of publication be received and filed. Seconded by Councilman Stackia. Carried by the following vote: Veas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. December 27, 1973 Honorable Mayor and City Council An improvement of the street lighting at the intersection of North Grandview and North Grand- view Avenue has been requested, off Kaufmann Ave. The area has been observed, and it is recommended that three 4,000 lumen incandescent fixtures be re- placed with 175 watt mercury va- por fixtures and that one new 175 watt light be added Gilbert D. Chavenelle City Manager Councilman Justmann moved ap- proval of the recommendation. Sec. onded by Councilman Stackia. Car. ried by the following vote: Veas - Mayor Thoms, Council. 5 -- . - - . '-J ",. ...........-...--- - ~ Regular Session, January 7, 1974 6 Regular Session, January 7, 1974 7 Code of Iowa, as amended, the Civil Service Commission conduct- ed entrance examinations on Sep- tember 19, 1973, for applicants seeking positions on the Fire De- partment. The following named applicants have passed both the written and physical examinations and are hereby certified for appointment to the Fire Department. Burris, Ben F. ........................80% Kutsch, Patrick L. ................79% Schiesl, Roger J. ....................77% Gerard B. Noonan Chairman Lonis F. Fautscb Civil Service Commission men Brady, Justmann, Lundh, Stackis. Nays-None. Printed Council proceedings for the months of Augnst and Septem- ber 1973 presented for approval. Councilman Justmann moved that the Council Proceedings for Au- gnst and September 1973 be ap- proved as printed. Seconded by Councilman Stackis. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ,Councilman Justmann moved tlrat the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman þkls. Carried by the following vote: Veaa - Mayor Tboms, Council- - Brady, Justmann, Lundh, Slackis. Nays-None. Communication of Dubuque Life Insurance Co. submitting a pro- poaaIto purchase only that part of the city-owned property adja. cent to Brammer's store property at University & Delhi, which has baeD improved as a parking lot, presented and read. Councilman Brady moved that I the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Lundh. Carried by the following vote: . Yeas - Mayor Thoms, Councll- men Brady, Justmann, Lundh, Stackis. Nays-None. Mr. Joseph Rauch voiced objec. tion to the occupancy of the Bram- mer property by tbe American Le- gion to be used as an open bar. Mr. Tom Walsh stated that any licensed bar would change the character of the neighborhood. Councilman Brady moved that the communication of the Dubuque Life Insurance Co. be referred to the City Manager. Seconded by Mayor Thoms. Carried by the fol. lowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Low-Rent Housing Commission submitting minutes of their meeting of De- cember 18, 1973, presented and read. Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Playground & ~creation Commission submitting nunutes of their meeting of De- cember 3, 1973, presented and read. Councilman Justmann moved that the communication be re- ceived and filed Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Communication of Robert J. Paisley objecting to a proposed land fill at the Dubuque County Home site, presented and read. Ma- yor Thoms moved that the com- munication be received and filed and referred to the Engineering Department. Seconded by Council- man Brady. Carried by the follow- ing vote: Veaa - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of James Lex oJ>. jecting to the proposed land-fill at the Dubuque County Home area, presented and read. Mayor Thoms moved that the communication be received and filed and referred to the Engineering Department. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Donald Pae- per of R. R. #2 stating that if you want to make Dubuque a really smelly place to live then put the land fill on County Home prop- erty, presented and read. Mayor Thoms moved that the communi. cation be received and filed, and referred to the Engineering De- partment. Seconded by Councilman Brady. Carried by the fallowing vote: Veas - Mayor Thoms, Cnoncil- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Warren Hum- ke objecting to the proposed land fill at the County Home and re- questing rejection of any further consideration of the site as a land fill, presented and read. Mayor Thoms moved that the communica- tion be received and filed, and re- ferred to the Engineering Deport- ment. Seconded by Councilman Brady. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 2, 1974 Honorable Mayor and City Council I return to you the petition of Mr. F. P. Raymond requesting the vacation of a walk off Cherokee Drive and the letter from the Pian- oing and Zoning Commission rec- ommending the vacation. You re- ferred the maher to me tD contact Mr. Raymond and find out the ar. rangements for disposing of the vacated walk. I recommend to you that the walk be vacated which abuts the length of Mr. Raymond's lot and that city interest in the property be conveyed to Mr. Raymond suJ>. ject to the following conditions: 1. That the owner of Lot 1 of 6 (which also abuts the walk) dis- claims in writing any interest in obtaining the vacated property. 2. That a plat of the vacated walk property be made by the City Engineer and that this cost be paid by Mr. Raymond. 3. That Mr. Raymond pay all costs of notices, recording fees or other costs of this transaction. U you approve this transaction the matter should be referred to the City Solicitor for proper pro- ceedings. Gilbert D. Chavenelle City Manager Councilman Justmann moved ap- proval of the recommendation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Juatmann, Lundh, Stackis. Nays-None. December 27, 1973 To the Honorable Mayor and Members of the City Council In accordance with the provi- siDna of Chapter 365 of the 1973 Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 27th day of December 1973. Violet Savary Notary Public Councilman Justmann moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. December 27, 1973 To the Honorable Mayor and Members of the City Council In accordánce with the provi- sions of Chapter 365 of the 1973 Code of Iowa, as amended, the Civil Service Commission conduct- ed entrance examinations on Sep- tember 26, 1973, for applicants seeking positions on the Police De- partment. The following named applicant has passed both the written and physical examinations and is here- by certified for appointment to the Police Department. Driscoll, Terrence L. ............77% Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission AUest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 27th day of December 1973. Violet Savary Notary Public 11111111. J1.lLjU.l!&"..""-"I'"..""..",.~.'d~... 8 Regular Session, January 7, 1974 Mr. Andrew Grevas, Mayor of Asbury, voiced his objection to the proposed land fill site at the Coun- ty Home. Mr. Ken Siegert of R. R. #2 also voiced his objection to the proposed County Home land fill site. Mr. William Stamp, a resident living within one-half mile north of the proposed land fill site pre- sented a map showing prevailing winds in the area which should be considered as a prime factor in the selection of any land fUl site. The proposed area would be but one and one-half miles from Hemp- stead School and also would be close to the proposed annexation now being considered by the City. Communication of Planning & Zoning Commission submitting minutes of their meeting of De- cember 19, 1973, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Veas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Starns. Nays-None. January 2, 1974 Honorable Mayor and City Council At your meeting of November 28, 1973, you referred to the Plan- ning and Zoning Commission the petition of Mike McCarthy of Du- buque Realty requesting commer- cial use on property described as Lot I of the Sub. of Lot 229 Union Addition; Lots 3, 4, and 5 of Stout's Dubuque Addition of Min- erai Lot 54 in the City of Dubuque, Iowa, which property is located at 289 South Locust Street. The Commission has determined that the commercial use requested in the petition can be obtained only through the extension of the Heavy Industrial District located on the east side of South Locust Street. Because of the topographi- cal lImitations of this property, and because of the extent of ad- joining residential uses, the Com- mission has determined that the expansion of the Heavy Industrial zoning district to include this prop- erty and others on the west side of South Locust Street is not ap- propriate at this time. Therefore, the Planning and Zoning Commis- -- It.lli.]» lilJIIJ"'_.._411tAUt'U¡'-""""""""~"""",~,,,", sian has elected not to conduct a public hearing on this petition and has recommended that it be de- nied CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved ap- proval of the recommendation. Sec. onded by Councilman Stackis. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. Nays-None. January 2, 1974 Honorable Mayor and City Council At your regular meeting of De- cember 17, 1973, the City Council adopted a Resolution approving the Articles of Agreement of the pro- posed East-Central Intergovern- mental Association. At that time, and on behalf of the Planning and Zoning Commission, I addressed the Council urging your participa- tion in the multi-county regional planning organization, and stress- ing its importance to our Commis- sion and to the work of other agen- cies of City government. It was also noted that the pres- ent Dubuque County Metropolitan Area Planning Commission would continue to function during the formative period of the proposed multi.county regional planning or- ganization, and would perhaps be retained as an adjunct to that larg- er body in the future. We reported that the Articles of Agreement of the present Du- buque County Metropolitan Area Planning Commission had speci- fied that a memher of the Plan- ning and Zoning Commission, and one other person from the City of Dubuque, were to be appointed as our representatives to that orga- nization, and that we are current- ly lacking in this representation. Recent federal and state initia. tives point to a growing role for regional planning and develop- ment. The City of Dubuque, as the principal urban center for both the county-wide and multi-county re- gions, has a vital interest in the work of the two regional planning organizations. In this regard, I had urged your inunediate consideration of a pro- Regular Session, January 7, 1974 posal for appointment of City rep- resentation on both bodies. That proposal was that the Mayor of the City of Dubuque and the Chair- man of the Planning and Zoning Commission be designated as rep- resentatives to the Dubuque Coun- ty Metropolitan Area Planning Commission for 1974. While the Articles of Agreement IDr the East-Central Intergovern- mental Association fail to specify representative apportionment to member units of government, I had also urged that the Council go on record with a request for the same appointments to the multi-county planning organization. This propos- al. also included a suggestion that the City Manager and the City De- velopment Planner be formally designated as alternates in the ab- sence of the Mayor or Commission Chairman, respectively. Recause of the pending meetings of both the county-wide and multi- county planning organizations, I hereby request your favorable con- sideration of this proposal at this time. Respectfully submitted, Richard Friedman, ChID. Dubuque Planning and Zoning Commission Councilman Brady moved that the Mayor and Chairman of the Planning & Zoning Commission be appointed to the Metro Area Plan. ning Commission and the City Man- ager and City Planner be appoint- ed as alternates. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Brady moved that the same people be appointed to the Multi County Planning Ass'n. Seconded by Mayor Thoms. Mayor Thoms moved to table the second motion. Seconded by Councilman Justmann. Carried by the follow- ing vote: Veas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. December 17, 1973 Honorable Mayor and City Council On December 13, 1973, Robert Vag! of 670 Kane Street filed claim against the City of Dubuque in the amount of $192.55 alleging said damages occurred on Nbvem- ber 28, 1973 on Foye Street as the result of his striking a wire fence in the said street at 10:00 P.M. and causing personal injuries to him and damages to his cycle. This matter was referred to the City Attorney's office who has de- termined that there appears no actionable negligence on the part of the City and in view thereof, it is the recommendation of the City Attorney that said claim be de- nied Original claim is returned here. with. R. N. Russo City Attorney Councilman Justmann moved ap- proval of the recommendation. Sec- onded by Councilman Lundh. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. December 27, 1973 Honorable Mayor and City Council On June 11, 1971, Leonard D. Clark of 1293 Curtis Street this city, filed claim against the City of Dubuque in the amount of $424.77 alleging damages to his mo- tor vehicle on June 10, 1971 as the result of striking a loose man- hole cover at the intersection of State and Curtis Streets in Du- buque, Iowa. This matter was referred to the City Attorney, who, after investi- gation of said claim, denied same. Subsequently, claimant filed an action in the District Court in and for Dubuque County, Iowa, being Law No. 39278, wherein said claim- ant is plaintiff and the City of Dubuque, Iowa is named defend- ant, and wherein plaintiff prayed for judgment for damages in the amount of $424.77 together with interest and costs and claiming his cause of action damages to his mo- tor vehicle arising out of the in. cident for which claim was filed on June 11, 1971. Said matter was referred to the City Attorney's of- fice who filed the appropriate de- fenses and plaintiff, through his attorney, has made an offer of set- tlement of said claim in the amount of $212.36. 9 10 Regular Session, January 7, 1974 Therefore, it is the recommen- dation of the City Attorney that said offer of settlement be accept- ed, and that the City Auditor be instructed to draw warrant pay- able to Leonard D. Clark in the amount of $212.38 and forward same to the City Attorney for de- livery upon receipt of duly exe- cuted release and dismissal of said action. Original claim together with Original Notice with petition at- tached are returned herewith. R. N. Russo City Attorney Councilman Justmann moved ap- proval of the recommendation. Sec- onded bv couneilman Lundh. Car. ried by the foIlowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of claim of Mary L. Rum- den, in the amount of $68.83, for car damage incurred as the result of being struck by a city-owned vehicle at 17th & White Street on December 27, 1973, presented and read Councilman Justmann moved that the notice of claim be re- ferred to the City Attorney for in. vestigation and report. Seconded by Councilman Lundh. Carried by the foIlowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 2, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a proposed amendment to Article X of Ordi- nance No. 3-34, providing for a new definition of the term "Drive- In Restaurant," as herewith at- tached. The Commission has de- termined that the proposed defi- nition is a proper reflection of the intent of the original Ordi. nance and has voted unanimously to recommend your adoption of it. City Planning and Zoning Commission Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman - - - --- ._-~-.. - -- -----",--...............","!i"',,"""""'.~'" Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE Amending Or- dinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, by amending Article X thereof by re- pealing the definition of Drive-In Restaurant and enacting a new def- inition of a Drive-In Restaurant, presented and read Mayor Thoma moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the fallowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the rule reqniring an Ordinance to be read on three separate days be waived, Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on February 4, 1974, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law, Seconded by Councilman Stackis. Carried by the fallowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Manternach Develop- ment Co. requesting a zoning change from Multiple Residence District Ciassification to Local Bus- iness "B" classification on a cer- tain portion of Terrace Heights Mobile Home Park, presented and read Mayor Thoms moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Lundh. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Regular Session, January 7, 1974 Petition of Ramona Fettgather requesting a refund of $422.50 on the unexpired portion of Beer-liq- uor Combination License No. Co 3985 as she has discontinued bus- iness on December 5, 1973, pre- sented and read. Councilman Just- mann moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Kayar Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Dubuque Motor Ho- tels Inc. requesting a refund of $633.75 on the unexpired portion of Beer-Liquor Combination Li. cense No. s.B-1OBO, as they have diacontinued business on October 4, 1973, presented and read. Coun- cilman Justmann moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Thoms. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Robert C. Barker re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 161, as he has discon- tinued business on December 8, 1973, presented and read Council- man Justmann moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Thoms. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Lew Gore requesting a refund of $211.25 on the unex- pired portion of beer-liquor Ii. cense No. 5020, as he has diacon- tinued business on December I 1973, presented and read, Council: man Justmann moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Thoms. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh Stackis. ' Nays-None. Petition of Eugene L. Kopp, re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 243, as he bas discon- tinued business on December 31, 1973, presented and read. Council- man Justmann moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Thoms. Car- ried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 2, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered a proposal to amend the Urban Renewal Plan for the Down- town Urban Renewal Project, Iowa R-I5, to allow multiple-fam- ily residential use as an additional land use over and above first floor permitted uses in structures in Block 12, Block 13, Block 17 and Block 18 in Redevelopment Area U. The Commission has determined that such additional permitted land use is in accordance with the intent of tbe general plan for the development of City of Dubuque and would conform to present and proposed zoning ordinances as they may apply to the project area. The findings and determination of the City of Dubuque Planning and Zoning Commission are set- forth in its attached Resolution No. 1-73. The Commission has rec- ommended your approval of this proposed amendment to the Urban Renewal Plan. City Plauning and Zoning Commission Daniel Dittemore Development Planner RESOLUTION NO. 1-73 WHEREAS, pursuant to Section 403.5 (2) of the Code of Iowa, as amended to date, the Dubuque Planning and Zoning Commission on the 16th day of February, 1967, adopted their Resolution No.2, which found and determined that the Urban Renewal Plan for the Downtown Urban Renewal Proj- ect, Iowa R-15, conformed to the general plan for the development of the City of Dubuque, Iowa, as a whole; and WHEREAS, it is proposed that the Said Urban Renewal Plan be Il 12 Regular Session, January 7, 1974 amended to permit multiple fam- ily residence as an additional land use for that portion of the said Project identified as Redevelop- ment Area 5; now therefore BE IT RESOLVED BY TIlE DU- BUQUE PLANNING AND ZON- ING COMMISSION: SECTION 1. That it is hereby found and determined that the Urban Renewal Plan, as amended, for the Downtown Urban Renewal Project, Iowa R-15, permitting mul- tiple family residence as an addi- tional land use over and above first floor permitted uses in struc- tures for Redevelopment Area 5, does conform to the general plan for the development of the City of Dubuque, Iowa as a whole. SECTION 2. That it is hereby found and determined that multi- ple family residence as an addi- tional land use in Redevelopment Area 5 does conform to the pres- ent and proposed zoning ordi- nances for the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of Decemher, 1973. Frank J. Giab Secretary Councilman Justmann moved that the communication be re- ceived and filed and the resolu- tion be made a matter of record. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. January 2, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has con- sidered a proposal to vacate a por- tion of platted West Sixth Street now known as Lot 'An of Block 16 in Dubuque Downtown Plæza, according to the attached plat thereof, The Commission has determined that this portion of platted West Sixth Street is no longer neces- sary for public right-of-way pur- poses, and has instructed its Sec- retary to endorse the Planning and Zoning Commission approval on the plat vacating said prop- erty. The City of Dubuque Plan- ning and Zoning Commission has also recommended your approval of this plat, City Planning and Zoning Commission Daniel Dittemore Development Planner Councilman Stackis moved ap- proval of the recommendation. Sec- onded by Mayor Thoms. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmaon, Lundh, Stackis. Nays-None. ORDINANCE NO. 2-74 An Ordinance vacating a por. tion of West Sixth Street In the Downtown Urbsn Renewsl Pro. act Area, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that the rule reqnirlng an Ordi. nance to be read on three separate days be waived Seconded by Ma- yor Tboms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 2.74 VACATING A PORTION OF WEST SIXTH STREET IN THE DOWN- TOWN URBAN RENEWAL PROJ- ECT AREA WHEREAS, und" dot, of Joly 26, 1967, .h, Ci.y of Dubnq", ..d th, Uni.N St"" of Am"i" ,nm,d into . Lo.. .nd C.pi,,1 G"nt Cunmct fo' th, =d"'Wng of tb, Downtown Urb.. Ren,w.l Pcojoc., low. R-B: .nd WHEREAS, .h, City of Dubuqu,. pur- Mn. to .h, U,b.n R,n,w.1 Pl.n fo' ,,¡d Pro;"'. h" "quicod ml ""CO, co- low,d ,ico occup.n". dtmoli,b,d ..d ,tmov,d ,ico improv,m'n". .nd h" o.h- "wi" pcop",d comin l.nd for r,u" purpo"" .nd WHEREAS, in o,d" to di,P"" of ..id l.nd fo, codmlopm,n. iu .ccord.nco with ..id U,b.n Renow.! Phn, it i, noc. ","y th" . po"ion of . "",in "CO" in th, P,ol'" Am be V".cedi ..d WHEREAS. .b, Phnning .nd Zoning Cummi"iun of .h, City of Dubuq"" low.. h" ",omm'nd,d .h, "wion of Regular Session, January 7, 1974 . po,tion of W'" Six<h S,co" in th, City of Dubuqu" " ..id """ i, no lung" n"d,d fo, public right-of-w.y pu;r;~T n~;,~~'{;{;; BY THE CITy COUNCIL OF THE CITY OF DU- BUQUE. IOWA, SECTION 1. Th" .h" pm of W". Si.th Scr""t comm,ncing " .h, no"h- w"co'¡y COcD" of 1.0. 2 of Block 16 in Dubuq", Down.own PI"" bting th, poin. of b,ginning. th'nco NOtth 67 d,- S,... ". E." + - 113,97 ft<t .Iong .h, ,"uth,'¡y ",," liD' of w". Si..h Scr""t, thenco No"h 22 d'g"" 30' W'" + -, 12.00 f"., th,nco South 67 d'g",. 30' W"t + -, I I 3,97 f"" th'nco South 2Z d'gr... 30' Em + -, 12.04 f""t to th, point of b,ginning; .u in th, Ci.y of Dubuqu" low., b, .nd th, """ i, hor,- by "c",d. SECTION 2. Th" th, City aork be ",d h, ¡, b",by .u.hotiZtd .nd dittCted .. fil, . copy of .hi. Otdin.nco in th, Offico of .h, Cuu",y Roco,d" in .nd fo' Dubuqu, Coun.y. Ion P""d, .pp,ov,d .nd .dopcod thi, 7th d.y of J.nu"y, 1974. AI!.n T. Thom, M.yot Alvin E. Lundb Emil S"ck;, J.m" E. Bndy C. Rob", Ju"m.= Councilmen ATTEST, Lou F. Fcommol. City Clork Publi.h,d offici.Uy in .h, Tol'gnph H",ld N,w'p'p't .hi, 11th d.y of J.n- u"y, 1974, Lou F. F,ommol, City Cl"k It. 1-11. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmaon, Lundh, Stackis. Nays-None. RESOLUTION NO. 4-74 Approving a Plat of Portions of Vacated Streets and Alleys In the Downtown Urban Renewar Pro ¡act Area WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City of Dubuque, Pursuant to the Urban Renewal Plan for said Project, has vacated POrtions of certain streets and aI. leys to prepare land for reuse purposes; and WHEREAS, a plat subdividing a vacated portion of West Sixth Street into a city lot in the City of Dubuque, Iowa, has been ex. amined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, governing the subdivi- sion of real estate in the City of Dubuque, Iowa, now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the plat dated December 12, 1973 subdividing a vacated portion of West Sixth Street Into Lot A of Block 16 in Dubuque Downtown Plæza in the City of Dubuque, Iowa, by Carl F. Bartels, a licensed Professional Civil Engineer and Land Surveyor, be and the same is hereby ap- proved. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. SECTION 3. That the City Clerk be and be is hereby authorized and directed to file a copy of this Reso- lution in the Office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of January, 1974- Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen ATTEST: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Justmann. Carried by the fallowing vote: Veas - Mayor Thoms. Council. men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 5-74 Fixing the Date of Public Hea... Ing for an Urban Renewal Plan Change for the Downtown U... ban Renewal Proact, Iowa R.15 13 14 Regular Session, January 7, 1974 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en. tered into a Loan and Capital Grant Contract, Contract No. Iowa R-I5 (LG), as amended to date, for the undertaking of the Downtown Urban Renewal Project, Project No. Iowa R-I5 (herein called the "Project"); and WHEREAS, pursuant to said con- tract, as amended, the City of Du- buque is carrying out the Project in conformance with the approved Urban Renewal Plan for the Proj- eet; and WHEREAS, It is deemed to be in the best interest of both the Project and the City of Dubuque to effectuate a plan change to the approved Urban Renewal Plan for the Project; and WHEREAS, the proposed plan change is of the nature which re- quires a public hearing as set forth in Section 40~ of the 11166, Code of Iowa, as amended to date, and in conformance with the ap- propriate policies and regulations of the United States Departmeni of Housing and Urban Develop- ment: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That a public hear- ing on a proposed plan change to the approved Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, will be held at 7:30 P.M. on 'March. 4, 1974 in City Council Chambers, City Hall, 13th andcJowa, Dubuque, Iowa. SECTION 2. That the City Clerk be and -.be is bereby authorized and dirécted to publish notice of public hearing in the form and atyle of "Exhibit A" attacbed hereto and made a part hereof. Passed, approved, and adopted this 7th day of January, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Rohert Justmann Councilmen Attest: Leo F. Frommelt City Clerk LEGAL NOTICE OF HEARING Proposed Urban Renewal Plan -. ~.. ~-" ----.."'-.........«-*'...*" Change - Downtown Urban Renewal Project. Notice is hereby given that a public hearing will be conducted by the City of Dubuque on a pro- posed Urban Renewal Plan change. Said hearing will be held in City Council Chambers, City Hall, Du- buque, Iowa, at 7:30 P.M. on the 4th day of March, 1974- All property owners within the Project Area as hereinafter set forth shall take notice that the proposed plan change is in con- nection with the Downtown Urban Renewal Project, Iowa R-15, which includes that area bounded as fol- lows: 4th Street on the south, Locust Street on the west, 9th Street on the north, and Central Ave- nue on the east. The purpose of this hearing is to consider a proposal to amend the approved Urban Renewal Plan to permit multiple family residen- tial use as an additional use for Blocks 12, 13, 17 and 18 in Du- buque Downtown Plaza in Rede- velopment Area 2. Said Develop- ment Area 2 is bounded in general by Fifth Street, the service road ruuning north and south lo- cated between Locust and Main Streets, Town Clock Plaza (for- merly designated as Seventh Street), the service road running north and south located between Main Street and Iowa Street, Sixth Street and Iowa Street. Any person or organization de- siring to be heard will he so given the opportunity at the hearing. Materials and further informa- tion is available for inspection at the office of Housing and Redevel- opment, Suite I(}.B Fiseber Build- ing, Dubuque, Iowa, between 8;00 A.M. and 5:00 P.M. except Satur- days, Sundays and Holidays. Tele- phone inqniries may be made at the Housing and Redevelopment Office, 588-0017. Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackts. Nays-None. Regular Session, January 7, 1974 15 RESOLUTION NO. 6-74 Accaptlng Delivery of a Dead for the Downtown Urban Renew- al Project, Iowa R.t5 WHEREAS, under date of July 28, 1967, the City of Dubuque and the United Stat.. of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re-.. IIOWai Project, Iowa R-I5: and WHEREAS, the City of Dnbuque pursuant to authorization and ell- erction of said Loan and Capital Grant Contract, baI acquired for tile public purpose of 1mplemeBt- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcela of real estate by purchase; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, _a: SECTION 1. That delivery of a deed to the City of Dnbuque for the following described parcel of real estate in the Downtown Ur. ban Renewal Project, Iowa R-15. is hereby ratified and accepted by the City of Dubuque. GRANTOR: Jannetta A. McQuil- len and Howard McQuillen. Deed dated November 30, 1973. Record. ed 9981-73. PROPERTY DESCRIPTION: North 10 feet 6 inches of Lot 18, and the South 11 feet 6 inches of Lot 19, in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of. (parcel No. 11-5) SECTION 2. That the ..,cording of the deed of conyeyance of tiUe m the Office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved and adopted this 7th day of January, 1974- Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Conn- cilman Lundh. Carried by tbe fol- lowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Naya-None. December 26, 1973 Honorable Mayor and City Council Ordinance Number 66-70 re- quires that the City Manager an- nually prepa.., a clelinquent list of Garbage and Refwre Collection accounts aDd 10 prepare a resolu- tion asseaing the delinquent charges to the properties invohed. Said resolutioD is submitted herewith. G. D. Chavene1Ie City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stacki8. Nays-None. RESOLUTION NO. 7"14 Pursuant to Section 5 of Ordi. nance No. 66-70. WHEREAS, City Garbage and Refuse COllection from residential premises shall be mandatory: WHEREAS, the City Manager shall annually prepare a deJin. quent list of persons failing to pay the monthly charge as re- quired: NOW, TllEREFORE, BE IT RE- SOLVED that the delinquent Gar- bage and Refuse Collection charges be assessed against the following properties and in the amounts so listed: 2003 & 2005 Keyway Drive- Lot 2 of 2 & Lot I-Blk 14A, Key KnoUs Sub. ......$182.00 2013 & 3015 Keyway Drive- Lot 2 of 3 & Lot 1 of Lot 2-BIk 14A, Key Knolls Sub. ....................................$182.00 2023 & 2025 Keyway Drive- Lot 2 of Lot4 & Lot 1 of Lot 3 - Block 14A - Key Knolls Sub. ........................$182.00 2053 & 2055 Keyway ~ Lot I of Lot 5 & Lot 1 of Lot 4 - Block 14A - Key Koolls Sub. ........................$182.00 16 Regular Session, January 7, 1974 2063 & 2065 Keyway Drive- LotI of Lot 6 &Lot20f Lot 5 - Block 14A - Kay Knolls Sub. ........................$182.00 2093 & 2095 Keyway Drive- Lot 7 and Lot 2 of Lot 6- Block 14A - Key Knolls Sub. ......................................$182.00 Passed, adopted and approved this 7th day of January, 1974. Allan T. Thoms Mayor Alvin E. Lundh EmU Stackis James E. Brady . C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by thefol- lowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 8-74 Resolution for Approval of City of Dubuque Audit for the Fiscal Year 1973. WHEREAS, Section 11.18, Code of Iowa, provides that the finan- cial condition and transactions of all cities and city officials shall be examined at least once per year; WHEREAS, examinations may be made by the Auditor of the State, or in lieu thereof, the local governing body may employ certi- fied public accountants, registered in the State of Iowa; and so notify the Auditor of State within sixty days after the close of the fiscal year to be examined: NOW, TllEREFORE, BE IT RE- SOLVED that the Auditor of State be requested to audit the 1973 financial condition and transac- tions of the City of Dubuque, and that the audit of the financial condition and transactions of the Water, Parking Facilities and Sew- age Rental Funds be contracted with the CPA firm, O'Connor, Brooks and Company of Dubuque, Iowa. Passed, adopted and approved this 7th day of January, 1974. ..--....-... ..'III~..L~.....tIII....,,""."'-"'-"""'~~ Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Levy of Special Assessment and Inten- tion of the City Council to issue bonds to pay for cost of construc- tion of North AIgona Sanitary Sew- er, 8 incb, between University Ave- nue and Loras Boulevard, present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundb, Stackis. Na~None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on De- cember 3, 1973, to property own- ers of record subject to assessment to pay for cost of construction the North Algona street sanitary sew- er between University & Loras Blvd. presented and read. Mayor Thoms moved that the statement be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Statement of Ray D. Rampson, certifying that notices of levy were posted on December 11, 1973, in the assessable area of North Al- gona street sanitary sewer between University & Loras Blvd. presented and read. Mayor Thoms moved that the statement be received and filed. Seconded by Councilman Regular Session, January 7, 1974 17 Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, . Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 9-74 Schedule of Assessments City of Dubuque, Iowa 1973 North Algone Sanitary Sewer-8 Inch, between University Avenue and Lora. Boulevard. RESOLVED by the City Council of the City of Dubuque, Iowa: That to . pay for North Algona Sanitary sewer 8 inch~between University Avenue and Loras Boulevard by Tschiggfrie Excavating, Contractor in front of and adjoining the same, a special tax be and is hereby lev. ied on the several lots, and parts of lots, and parcels of real estate all as named situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the follow- ing schedule: Dorothy Arthofer, Lot So. 90-'-1-2-1-1-2 Mineral Lot 172 ..............................,.........$846.88 Francis J. & Bernice M. Furlong, Lot No. 10'.2-2- 1-1.2 Mineral Lot 172 ...... 187.60 Francis J. & Bernice M. Furlong, Lot So. 40'-1-1- 1-2 Mineral Lot 172 .......... 752.79 Ruth M. Weiler, Lot No. 40'- 1-1-1-2 Mineral Lot 172 .... 752.79 Edna M. Ryan, Lot 2-337 Woodland Park & 2-2 Min- erai Lot 172 """"""""""" 752.79 Charles R. & Pearl L. Just- mann, Lot 1-337 Wood- land Park & 2.2 Mineral Lot 172 ..............................1,277.39 $4,570.24 274,93 lin. ft. 8" vitrified tile pipe @ $10.77 ..........$2,960,99 2 No. of 6" x 8" wyes @ 12.00 """"""""""""""""" 24.00 3 No. of 4" C.I. stub out of manhole @ 20.00 """"" 60.00 13.29 lin. ft. concrete man- holes, complete, height in feet of sidewall @ 25.00 """"""""""""""""" 332.25 3 No. of concrete man- holes, bases, complete @ 75.00 """""""""""""" 225.00 3 No. of manholes, com- plete, rings & covers @ 60.00 .................................. 180.00 10.04 sq. yd. concrete driveway 6" @ 9.90 ...... 99.40 886.20 sq, ft. concrete sidewalk 4" @ 0.90 """ 12,7 lin. ft. concrete curb & gutter (radius type) @ 10.00 """""""""""""" 143.57 sq. yd. sod, in place @ 2.00 ............................ 42.84 sq. yd. street reo piacement: 2! Hot.Mix w/10" compacted %" stone @ 9.54 .................. 797.58 127.00 287.14 408.70 Construction Cost ..........$5,502.06 Eng. & Insp. ...................... 251.66 7%-52 days ...................... 55.63 Project Cost ..............$5,808.87 City Share .................. 1,238,63 Assessable ..................$4,570.24 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 7th day of January 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Sec. onded by Councilman Lundh. Car. ried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by tbe Publisher, of notice of pub- lic hearing to consider a proposal to authorize the issuance of sewer bonds in the amount of $4,570.24 to pay for assessed cost of con. structing the North Algona Sani- tary sewer, 8 inch, between Uni- versity Avenue and Loras Blvd., presented and read. Councilman Lundh moved that the proof of publication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 10-74 Resolution providing for the Is- suence of S_er bonds for the purpose of providing for tho 18 Regular Session, January 7, 1974 payment of tt.. assessed cost of City of Dubuque 1973 North AI- gona Sanltsry Sswer-8 Inch- betwaen University Avenue and Lor.. Boulavord. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Improvements hereinafter described bas been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $4,570.24 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 notice and all ob- jections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 North Algona Sanitary Sewer-8 Inch-between University Avenue and Loras Boul- evard, there shall be issued sewer bonds in the amount of $4,500.00 Dollars in anticipation of the de- ferred payment of assessments lev- ied for such improvement. 2. Such bonds shall be called sewer bonds; and shall hear the date of February 7, 1974; and shall numbered consecutively; and they shall he numbered, divided in- to series, and be in such denomi- nations and for such maturity dates as are shown in the follow. ing table; Series No. I Series No.2, Bond No.1, Denomi- nation $500.00, Maturity April 1, 1975 Series No.3, Bond No.2, Denomi- nation $500.00, Maturity April I, 1976 Series No.4, Bond No.3, Denomi- nation $500.00, Maturity April I, 1977 Series No.5, Bond No.4, Denomi- nation $500.00, Maturity April I, 1978 -- __1 lJ.J.J.II1I1I1....IIL"'ä""'--",~,,~, series No.8, Bond No.5, Denomi- nation $500.00, Maturity April I, 1979 Series No.7, Bond No.6, Denomi. nation $500.00, Maturity April I, 1980 Series No.8, Bond No.7, Denomi- nation $500.00, Maturity April 1, 1981 Series No.9, Bond No.8, Denomi. nation $500.00, Maturity April 1, 1982 Series No. 10, Bond No.9, Denomi. nation $500.00, Maturity April 1, 1963 3. Said bonds ,hall bear inte"",t at the rate of six per cent per an- num, payable annually in accord- ance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessments funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in mb- stantially the following form: No. ........................................".............. Series No. CITY OF DUBUQUE 5- Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, the sum of five hun- dred dollars with interest thereon at the rate of six per cent per an- num, payable annually, on the pre- sentation and surrender of the in. terest 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 is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 7tb day of January, 1974, being Resolution No. 10-74. This Bond is one of a series of 9 bonds, all for $500.00 numbered from 1 through 9, all of like tenor and date, and issued for the pur- pose of providing for the deferred payment of assessments levied for the City of Dubuque 1973 North Algona Sanitary Sewer-8 Inch- Regular Session, January 7, 1974 ~ University Avenue and ¡.oras Boulevard, as described in IIIid Resolution, in said City, which east is payable by the abutting and adjacent property along said Im- JIrOVements and is made by law alien on all of said property. It is p81able only out of the Special ~ent Fund 1298 created by the collection of said special las, awl said fund can be used for no ~is='eertified and recited that all the acts, conditions and thiJ>gs required to be done, prece- dant to and in issuing this series '" bonds, have been done, hap- ,.ned, and performed, in regular aad dne form, as required by law aad said Resolution, and for the III8Csment, collection and payment bereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council bas ""used this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 7th day of January, 1974. (SEAL) ............................................................ Mayor ....................."..................................... City Clerk (Form of Coupon) On the ........ day of ......................, the City of Dubuque, Iowa, prom- Ises to pay to the bearer, as pro- vided in said bond, the sum of ................ Dollars, in the office of the City Treasurer in the City of Dubnque, being ................ months' interest due that date on its .......... Bond No. .......... dated """""""""""""""""'M;;Ÿ~;"""""'" ............................................................ City Clerk 6. That tbe MaytJr and City Clerk be and they are hereby instructed to cause said bonds to be prepored and wben so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to regiater said banda in a book kept 19 for that purpose and to then deliv- er 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 1298 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 Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, begiuning with the second year af- ter the payment of interest due, these bonds shall be called and re- tired in the same order as num- bered. The notice of election to call these bonds shall he given by Regular United States Mail ad- dressed to the last known address of the purchaser. 10. Passed, adopted and approved this 7th day of January, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas--Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of notice of levy of special assessment and intention of the City Council to issue bonds to pay for cost of constructing City of Dubuque 1973 Asphaltic Pav- ing Project No.1 (except Univer- sity Avenue from the W.P.L. of McCormick to the E.P.L. of Gil- liam Street) on the following named streets: 1. Algona street - from the N.P.L. of Loras Blvd. to the S.P.L. of Dexter Street. 2. Atlantic Street - from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 3. Auburn Street - from the N.P.L. of Loras Blvd, to the &P.L. of Dexter Street. 20 Regular Session, January 7, 1974 4. Boyer Street-from the E.P.L. of No. Grandview Avenue to the W.P.L, of Andrew Court. 5. Gordon Drive-from the S.P.L. of Kaufmann Avenue to the N.P.L. of Theda Drive. 6, Grandview Avenue-from the N.P.L. of Loras Blvd. to the N.P.L. of Dexter Street. 7. Kaufmaun Avenue - from W.P.L. of Carter Road to the W,P.L. of Gordon Drive. 8. Key Knolls Subdivision a. Phyllrich Drive-from the N,P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 10. b. Norland Drive - from the N,P.L. of Keymont Drive to the N.P.L. of Lot 6 Block 11. c. Hansel Drive - from the N.P.L, to Keymont Drive to the N.P.L. of Lot 6 of Block 9. d. Vizaleea Drive from the N.P.L. of Keymont Drive to the N.P.L. of Lot 5 of Block 8. 9. Locust Street from the N.P.L. of 9th Street to the S.P.L. to Loras Blvd. 10. Sunset Park Subdivision No.1: a. Dove Street from the E.P.L. of Bonson Road.to the W.P.L. of Meggan Street. b. Waller Street from the E.P.L. of Bonson Road to the N.P.L. of Lot 15 of Block 8. 11. Edwards Street from the W.P.L. of Windsor Avenue to the E.P.L. of Queen Street. 12. Century Drive-Guard RaU. 13. Grandview Avenue and Uni- versity Avenue lotersection. 14. Overview Court from the W.P.L. of Grandview Avenue to the west end of the Street. 15. Bicycle Path from 16th Street to Shiras on the Floodwall. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Statement of City Clerk certify- ing that notices of assessment and levy were mailed by certified mail ~---- ~- - ___...1114'" iI,-."",."""".""", "'4 <.. . on December 6, 1973, to property owners of record to pay for part of cost of City of Dubuque 1973 Asphaltic paving project namely Locust Street from 9th street to Loras Blvd., presented and read, Councilman Lundh moved that the statement be received and filed Seconded by Councilman Brady. Carried by tbe following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Statement of Ray Rampson, a member of the Engineering Depart- ment, certifying that notices of levy were posted in the assessable area on December 11, 1973 on Locust Street from .the N.P.L. of 9th Street to the S.P.L. of Loras Blvd. (being part of City of Du- buque 1973 Asphaltic Paving Proj- ect No.1), presented and read Mayor Thoms moved that the state- ment be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 11-74 Schedule of Assessments Locust Street from N.P.L. of 9th Street to the S.P.L. of Loras Blvd. (part of 1973 Asphalt Pav- Ing Pro¡act No. 1). RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay part of City of Du- buque 1973 Asphalt Paving Proj- ect No.1 (Locust Street from N.P.L. of 9th Street to the S.P.L. of Loras Blvd. by Mulgrew Black- top loc. 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, situated and owned, and for the several amounts set oppo- site each lot or parcel of real es- tate, as set forth in the following schedule: THE CITY OF DUBUQUE 1973 ASPHALT PAVING PROJECT NO. I EXCEPT UNIVERSITY AVENUE Construction Cost Assessable City Project Shore Share Total $27,855.90 $190,564.38 $218,430.28 Engineering ExpenH $ 2,785.59 $ 13,861.59 $ 16,847.18 Regular Session, January 7, 1974 5% Interest/52 days $ 201.18 $ 0.00 $ 201.18 --- Total Cost $30,642.67 $204,425.97 $235.268.84 American Trust and Savings Bank, Lot 633 ....................$590.26 American Trust and Savings Bank, Trustee for benefit of American Trust and Savings, Lot 634 .............. 584.67 Bank Retirement Trust Lot 2 N. Bal. 635 .........""......... 286.45 Bank Retirement Trust Lot 1, 635 .................................... 281.69 Eric A. and Diane M. Schulz, Lot S. 21'2"-S. 41'5"-636 ....238.05 Minnie Williams cont: Eric A. T. (und. 'h), Diane M. Schulz (und. 'h) and Marc W. Schulz, Lot N. 20'-3"- S.41'5"-636 .....................,..., 226.76 Ernest B. and Eliz. Briggs, Lot N. 9'7"-636 ................ 106.90 Ernest B. and E\iz. Briggs, Lot S, 10'6"-637 ........"""" 117.01 Eric A. & Diane M. Schulz (und. 'h int.) Marc W. Schulz (und. 'hint), Lot S. 2O'3"-N. 40'6"-637 ............ 224.97 Fred Pfeffer and Coleen L. Jacobsen, Lot N. 20'3"-N. 40'-6"-637 ............................ 224.02 Clara Shortell, Lot 656 ..........571.12 William and Suzanne Thul, Lot 2-657 ............................ 192.04 Adele Stecklein & Betty Jane Findley, cant: Wil- mer M. Gotz & LeRoy W. Peterson, Lot 2-1-657 ...... 184.07 Ruth E. & Earl Hutton, Lot 1-1-657 ...............................", 202.26 Ruth K & Earl Hutton, Lot S. 1'-658 .............................. 10.94 City of Dubuque, Lot S.M. 34"-658 ................................ 371.47 City of Dubuque, Lot N. 16'- 2" - 658 .............."..........".. 176.22 City of Dubuque, Lot S. 16'. 2" - E.'h - 659 .................. 175.39 City of Dubuque, Lot M. 21' 8" - E.'h - 659 ......,............. 234.25 City of Dubuque, Lot N. 13' - K'h - 659 ........."....", 139.34 City of Dubuque, Lot K'h - 660 ........................................ 546.15 Archdiocese of Dubuque, Lot S. 78' - S. 'h - 681 .............. 849.96 Charles L. Egelhof (undo 'h int) and Lorraine C. Fautsch (und. 'h int), Lot N. 50' - S'h - 661 """"""" 544.84 Charles L. Egelhof (und. 'h int) and Lorraine C. 21 Fautsch (und. 'h int), Lot S. 7'8" - N'h - 661 .......... 83.59 Masonic Temple Asso., Lot N. 120.4' - N'h - 661 ......1,311.92 St. Marks Lutheran Church, Lot S.51' - 662A """""""" 555.78 Adams Realty Company, Lot N.65' - 662A """"""""""" 708.34 Gertrude D, Starbuck, Lot 2- 662 ................................,....... 280.15 Edward A. and Alice M. Gate, Lot 2-1-662 .....-....... 417.01 Dubuque Boy's Club loc., Lot 1-1-662 ......,................... 846,63 Dubuque Boy's Club Inc., Lot 663A ............................ 697.40 Dubuque Boy's Club Inc., Lot E. 111' - S~ - 663 ...... 557.92 Dubuque Boy's Club Inc., Lot S. 11.2" - K 111' - SM ~ - 663 ...................".......... 122.00 Dubuque Boy's Club Inc., Lot N. 40' - E. 111' - SM ~ - 663 ...................."........ 435.92 Wayne A- Norman, Frank H. Bertsch and Norman T. Bainbridge & B. A. Ryan Bldg. Co., Lot M. ~ - 663 557.92 Wayne A- Norman, Frank H. Bertsch and Norman T. Bainbridge & B. A- Ryan Bldg. Co., Lot S.40' 10" - NM ~ - 663 .............. 444.95 Merlin & Verna D. Michel, Lot E. 125' - N. 10'4" - NM '" - 663 ........................ 112.61 Merlin & Verna D. Michel, Lot E. 125' - N. ~ - 663 on. 557.92 Northwestern Bell Tele- phone Co., Lot 151 .......... 643.46 Northwestern Bell Tele- phone Co., Lot 152 .......... 842.46 Northwestern Bell Tele- phone Co., Lot 153 .......... 842.46 Marie S. Nesler, Lot 154 .... 842.46 M. C. & Viola G. Mat, Lot S. 27.1' - 155 ............................ 340.08 Brooks Building Corp., Lot 1 - N. 24.07' - 155 .............. 282.17 M. C. & Viola G. Mat, Lot 2 - N. 24.07' - 155 ............ 20.21 First Congregational Church, Lot W. 84' - 156 """""""" 565.39 First Congregational Church, Lot K 30' - 156 """"""""" 77.17 First Congregational Church, Lot W.84' - 157 ................ 565.29 First Congregational Church, Lot K 30' - 157 .................. 77.17 First Congregational Church, Lot S.'h - 158 .....-............. 321.29 Grace Mentzer, Lot N.'h - 158 """""""""""""""""""" 321.29 Curtis Straub Company, Lot S. 38'7" - 159 .................... 484.31 2S Regular Session, January 7, 1974 First Congregational Church, I Lot 13'7" - 159 ....-....,...... 170.63 First Congregational Church, Lot 160 ........................,..... 642.46 Norlyn F. Michel, Lot S. 'A> - s. :¡(¡ . 478 ......................".. 256.72 Leo A. Carney Eta! cont: George L. McDonald, Lot SM 'A> .. E. % .. 478 ............ 256.72 David E. & Beatrice B. Bi- genius, Lot M. 'A> .. s. % - 478 .......................,................ 256.72 Athanasios Tom & Antonia Bogas, Lot NM 'A> - s. % 478 ........................................ 256.72 Athanasios Tom & Antonia Bogas, S. 0.67' .. N. 'A> - s. % - 478 .............................. 8.44 Wilfred and Leila White, Lot N. 19,8' .. N. 'A> - s. % .. 478 ................."............. 246.40 Wilfred and Leila White, Lot S. 26.2' - M. 'Ai - 478.... 328.78 Donald C. Comet!, Lot N. 25' - 1\1. 'Ai - 478 ........"...... 313,68 Donald C. Conzett, Lot NM 'A> - 478 ................................ 642.46 Adelle Toner Clewell, Lot N. \i - 478 ............................ 642.46 Verna Chalder, Lot S. 51' - 477A .................................... 639.96 Leona Amenda (survivor), Lot S. 32' - N. 64' - 477A 401.55 Betty C. Briggs, Lot N. 32' - N. 64' - 477A ..................".. 401.55 Ellen A- Williams coot: Her- bert J. " Ruth Anna Ma- rie Klinkhammer, Lot S. 66' - 477 """'-""""""""'" 826.20 Clarence J. Brown, Lot S. 20' - N. 75' - 477 ................ 251.02 Anthony J. .. Isabel Eis- bach, Lot N. 35' . N. 55' - 477 ..................................... 439.25 B<>ebrt A- Sullivan, Lot S. 'A> - 476 ................................ 642.46 Karat- Nagel cont: Frede- rick" Beverly A- Tippe, Lot S.M. 'A> - 476 ....m""'" 642.46 Ida Esther Jacobson, Lot S. \ÓI .. M. \i - 476 .......",........ 321.29 Walter A. and Leona Colin, Lot N. 'h - M. \i - 476 .... 321,29 M. H. '" T. F. Greenawalt D/B/A/Greenawalt Chlro- practic Clinic, Lot N. % - 476 ............-...............1,284.92 Florence D. Polfer, Lot S. 30' . N. 55' - 477 .............. 251.03 30,842.67 2,708.62 cu. yds. Excava- tion (unciaSSi.fied) @ $1,65 ................................$4,469.22 --..- U III ..1<--...",...",....- 3 no. of Manhole raise or lower @ $75,00 ......,....... 225.00 3 no. oI Manhole ring and cover @ $75.00 ............ 225.00 451.70 ton A. C. Binder Course @ $13.34 ............6,025.87 336.63 ton A. C. Surface Course @ $13.85 ............4,690.03 136.75 gallon Prime coat MC-70 @ $0.30 ...........". 41.63 '514 sq.. ft. Sidewalk - 4" Concrete @ $1.50 ........ 771.00 2,927.73 ton 'Yo" Stabilized rolled stone base @ $4.16 ..................................12,179.35 '372 !in. It. C & G B<>ck curb or drive section re- moved @ $2.50 ......"...... 930.00 '414 sq. ft. Sidewalks " drive slab removal @ $0.30 ............................... 124.20 '394.50 !in. fL Curb & gntter - type A @ $7.00 2,761.50 '902.88 CD. yd. Excava- tion (unclassified) @ $1.65 ................."............... 1,489.75 '287.30 ton A. C. Binder Course @ $13.34 .......... 3,832.59 '198.87 ton A- C. Surface Course @ 13.85 ............ 2,754.35 '2,927.73 ton 0/." Stabil- ized rolled slone base @ $4.16 ..................................12,179.35 '4.6.25 gallon Prime Coat MC-70 @ $0.30 ....."....... 13.88 '200 lin. fL Asphalt Saw- ing @ $0.50 .................". 100.00 Total Construction Cost..~2,812.52 'Less City Share .............. 24,956.63 Assesaable Amount .....". Z7,85ð.90 10% Engineering Exp..... 2,785.59 5% Interest/52 days ...... 201.18 Total Assessable Amt.....$30,842.87 All of which is assessed in pr0- portion to tbe special benefits con- ferred. Passed, adopted and approved this 7th day of Jannary 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackts James E. Brady C. Robert Justmann Councilmen Attest: Leo F- Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried hy the following vote: Regular Session, January 7, 1974 i3 veas--Mayor Thoms, Councilmen 1IradY, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified tD by the Publisher, of notice of hearing to consider a proposal to .authorize the Issuance of Street imProvement bonds to pay for cost .of coostrueting City of Dubuque 1973 ASPhaltic Paving Project No. 1, except University Avenue from )lcGørmick to Gilliam Street, pre- sented and read. Mayor Thoms ~ that the proof of publica- tie.. be received and filed. Second- eo! by Councilman Stackis. Carried by the following vote: Yeøs--Mayor Thoms, Councilmen Brady, Justmann, Lundh, Slackis. /llaya-None. RESOLUTION NO. lN4 .~ prcmdlng for the I.. - of Street Improv- IIonds for the purpo.. of pro- 'WIding for the payment of the a- cost of City of Dubuque 1973 Asphalt Paving Prolect No. 1; except U_rslty Ave- from the W.P.L. of McCormick 1- to the E.P.L. of Gilliam 1Irøt. (Locust Street from the N.P.L. of 9th Street to the S.P.L. of Lores Boulevard). Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereafter descrlhed has been com- pleted and the City Manager has certified the completion thereof ID the City Council and the CIty Councn has ascertained the cost thereof and bas determined that $30,842.67 Dollars. of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by iaw, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for tbe purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the CIty of Dubuque: I. That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 Asphalt Paving Project No. I; except University Avenue from tbe W.P,L. of McCor- mick Street to the E.P.L. of Gil- liam Street. (Locust Street from the N.P.L. of 9th Street to the S.P.L. of Loras Boulevard) tbere shall be issued street improvement bonds in the amount of $30,500.00 Dollors in anticipation of the deferred pay. ment of assessments levied for such improvement. 2. Such ba"da shall be called street improvement banda; and shall bear the date of Febroary 7, 19'74; and shall be numbered con- secutively, and they shall be num- bered, divided into series, and be in such denominations and fm: such maturity dates aa are shown in tbe following table: Series JIend De-. ~Ity No. No. 1 1-7 $500.00 April 1, 19'74 2 ~13 $500.00 Aprill,un5 3 14-19 $500.00 April 1, 1976 4 2~25 $500.00 April.1, 1977 5 26-31 $500.00 April 1, 1978 6 S2-37 $500.00 April 1, 1979 7 3843 $500.00 April 1, 1980 8 44049 $500.00 April 1, 1981 9 50-55 $500.00 AprU 1, 1982 10 56-61 $500.00 April 1, 1983 3. Saki bands shall bear interest at the rate of six percent per annum, payable annually in accord- ance with ooupona thereto at- tached: 4. Said bonds shall not make the City of Dubuque üahle in any way, except for the application of Raid special assessment fUDds. 5. Ssid bonds shall provide that they may be payabJe at any time prior .to the maturity date alated therein at the option of the City of Dubuque and ehall be in aub- stantialiy the following form: No. .....................................................,. Series No. ...........................-.............. CITY OF DUBUQUE Street Improvement Bond The City of Dubuque ¡" the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof the sum of five hundred 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 Regular Session, January 7, 1974 RESOLUTION NO. 13-74 Attest: BE IT RESOLVED by the City Leo F. Frommelt Council of the City of Dubuque, City Clerk Iowa, that the following having Councilman Stackis moved adop. complied with the provisions of tion of the resolution. Seconded iaw relating to the sale of Ciga. by Councilman Lundh, Carried by rettes within the City of Dubuque, the fallowing vote: Iowa, be granted a permit to sell Yeas-Mayor Thoms, Councilmen Cigarettes and CigareUe Papers Brady, Justmaon, Lundh Stackis. within said City. Nays-None.' Steven .J. Glew and,Davi~ A- Para- RESOLUTION NO. 15-74 chetti, dba Dave s Pomt After, WHEREAS, applications for Beer " ,,2550 Dodge Street permits were filed by the within BE IT FUR~ ~OLVED named applicants and they have th~t ~e bonds filed WIth the ap- received the approval of this Coun. plication be approved. cU' and !"assed, adopted and approved WHEREAS,the premises to be this 7th day. of January 1974, occl!pied by such applicants were Allan T. Thoms Inspected and found to comply with ~ayor the ordinances of this City and Alvm E. Lundh they have filed proper bonds' Emil Stackis NOW THEREFORE BE IT BE- James E: Brady SOLVED by the City Council of . Councilmen the City of Dubuque, Iowa, that A,ttest. the Manager be. authorized to Leo.F. Frommelt cause to be issued to the following CIty. Clerk. named applicants a Beer permit Councilman Stackis moved adop- . tlon of the resolution. Seconded by CLASS "B" BEER PERMITS Councilman Lundh. Carried by the Joseph E. Bell, d~a Wagon Wheel following vote: Tavern, 263 Mam Street Yeas-Mayor Thoms Councilmen Loras College, 1450 Alta Vista St. Brady, Lundh, Stackis'. Clarke College, 1550 Clarke Drive Nays--Councilman Justmann. CLASS "C" BEER PERMITS RESOLUTION NO. 14-74 Lucky' Stores, inc., dba Eagle Dis. WHEREAS, applications for Beer count Center #109, 200 South permits have been submitted to Locust this Council for approval and the !"assed, adopted and approved same have been examined; this 7th day of January 1974. NOW THEREFORE BE IT BE- Allan T. Thoms SOLVED by the City Council of Mayor the City of Dubuque, Iowa, that Alv!n E. Lu.ndh the following applications be grant- Emil Stackis ed and permits issued upon the James E. Brady compliance with the terms of the C. Robert Juslmann ordinances of the City. . Councilmen CLASS 'IB" BEER PERMITS Attest: Joseph E. Bell Wagon Wheel Tav- Leo F. Frommelt ern 263 Mai;' Street City Clerk Loras' College, 1450 Alta Vista Councilman Stackis moved adop- Street tion of the resolution. Seconded by Clarke College 1550 Clarke Drive Councilman Lundh, Carried by the CLASS "C..'BEER PERMITS following vote: Lucky Stores, Inc., dba Eagle Dis- Yeas-Mayor Thoms, Councilmen count Center #109, 200 South Brady, Justmann, Lundh, Stackis. Locust Street. Nays-None. Passed, adopted and approved RESOLUTION NO. 16-74 this 7th day of January 1974. WHEREAS, applications for Liq. Allan T. Thoms uor Licenses have been submitted Mayor to this Council for approval and Alvin E. Lundh the same have been examined. Emil Stackis NOW THEREFORE BE IT BE- James E. Brady SOLVED by the City Council of C. Robert Justmann the City of Dubuque, Iowa, that Councilmen the following applications be ap- .................." Dollars, in the office of the City Treasurer in the City of Dubuque, being ."...........". months' interest due that date on its ......."" 24 Regular Session, January 7, 1974 the City Treasurer in the City of I Dubuque, in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chap- ter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 7th day of January, 1974, being Res0- lution No. 12-74. This Bond is one of a series of 61 bonds, all for $500.00 numbered from 1 through 61, all of like tenor and date, and issued for the pur- pose of providing for the deferred payment of assessments levied for the City of Dubuque 1973 Asphalt Paving Project No.1; Except Uni- versity Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. (Locust Street from the N.P.L. of 9th Street to the S.P.L. of .Loras Boulevard) 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 I property. It is payable ouly out of the Special Assessment Fund 1299 created by the collection of said special tax, and said fund can he used for no other purpose. It is hereby certified and recited that all the acts, conditions and things reqnired to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 7th day of January, 1974. (SEAL) """""""""""""""""'¡¡;;ÿ~;"""""'" """""""""""""""""'ciïÿ"ëi;;;k"'" (Form of COUpOR) On the ........" day of ...................., the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ~- ~ -- ..."'..............._""....~ Bond No. .......... dated ...........",......... ............................................................ Mayor """"""""""""""""""ëiïÿ"ë¡;;;k"'" 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 deliv- er 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 1299 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 Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and re- tired in the same order as num- bered The notice of election to call these bonds shall be given by Reg- ular United States Mail addressed to the last known address of the purchaser. 10. Passed, adopted and approved this 7th day of January, 1974. Allan T. Thoms Mayor Alvin E. Lundh EmU Stackis James E. Brady C. Robert Justmaun Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. 25 26 Regular Session, January 7, 1974 proved and licenses issued upon the compliance with the provi- sions of Chapter 131, Acts of the FIrst Regular Session, 64th Gen- eral Assembty, CLASS "C" (COMMERCIAL) BEER and LIQUOR LICENSES Stephen J. Glew and David A. Parochetti, DBA Dave's Point After, 2550 Dodge Street Thomas Andresen, dba Avenue Tap, 1080 University Ave. Josephine A- Burke, dba "EJtoro", 1445 Central Ave, Ursola Drake, dba mue Moon 1m>, 1097 Jackson St. Donald Kies, dba The Golden Pheasant, ~ Univemty Ave. James Kachevas (Sunday Sales), dba Viking Lonnge " Restaurant, 665 Dodge Street Passed, adopted and appJOVCd this 7th day of January 1974. Allan T. Tboms Mayor Alvin Eo Lnndb Emil Stackis James Eo Brady C. 1IÐbert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tiou of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 17-74 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 Ordi- naces 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 w cause w be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSES Stephen J, Glew and David A. Par- ochetti dba Dave's Point After, 2550 Dodge street _. .".-- ItJ I UJDI..J.J.'II1!II!!II.!tIll¥""',_""""".""", " < " Thomas Andresen, dba Avenue Tap, 1080 University Avenue Josephine A. Burke, dba "E1wro", 1445 Central Avenue Ursula Drake, dha Blue MOOII Inn, 1097 Jackson Street Donald Kies, dba The Golden Pheasant, 2620 University Ave- nue James Kachevas (Sunday Sales), dba Viking Lounge & Restau. rant, 865 Dodge Street Passed, adopted and approoed this 7th day of January 19'14. AlIaD T. Thoms Mayor Alvin E. Lundh EmiJ Stackis James E. Brady C. 1IÐbert Juslmann Cennci1men Attest: Leo F. Frommelt City Clerk Councilman Stackis moved ad0p- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor ThomS, ConnciIm... Brady, Jnstmann, Lundb, Stackis. Nays--None. Councilman Brady moved that tbe City Manager be advised to swp work on the bidding process on renovaüon of the City Hall. Seconded by Mayor Thoms. Car- ried I>y the following vote: Yea&-Mayor Thoms, ConnclImen Brady, Lundh, Stackis. Nays--Councilman Justmann. At 10:35 P.M. Mayor Thoms moved to retire 10 executive ses- sion to consider appointments to various BoanIs and CommisIIIons. Seconded I>y Councilman Brady. Carried by the following vote: Ye~ayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. At 10:56 P.M. tbe Council re- convened in regular session and the Mayor announced that addi- tionallnformation on one esndidate and further requested that a defi- nite form on candidatea be drawn up and the Clerk furnish a list of vacancies on the various Boards and Commissions at the next meet- Ing. There helng no further business Councilman Stackis moved w ad- journ. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Regular Session, January 7, 1974 ratIy, Justmann, Lundh, Stackis. Nays-None, Leo F. Frommelt City Clerk :z¡ APproved ..,....,........................1974. Adopted ..................................1974. ......................,......."............................ Councilmen ....,...".................. Attest: """""ciïŸ"ëierk Special Session, January 21, 1974 Special Session, January 11, 1974 Walter Backes personnel director for the City, would meet again at 9:30 A.M. January 12th. There be- ing no further business Mayor Thoms moved to adjourn. Second- ed by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk 29 28 CITY COUNCIL monies expended to date, present- ed and read. Mayor Thoms moved items be placed on file for public inspection. Seconded by Council- man Lundh. Carried by the follow- Ing vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Dubuque Hu- man Rights Commission submit- ting a resume of Jean Pascual and requesting the reappointment of Sol Tabak and Mary Petropoulos to full three year terms, presented and read. Mayor Thoms moved that S()l Tabak and Mary Petropou- los be reappointed to the Commis- sion. Seconded by Councilman Lundh. Carried by the fallowing vote: Veas-Mayor Thoms, Councilmen Justmann, Lundh, Stackis. Nays-None, Abstained-Councilman Brady. Mayor Thoms moved that the communication be referred back to the Commission. Seconded by Councilman Stackis. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Kay Board- man objecting to the raising of dog license fees to $3.00 and if tax money is needed so bad, why not license cats, presented and read. Councilman Justmann moved tbat the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Piayground '" Recreation Commission submitting minutes of their meeting of Jan- uary 7, 1974, presented for tbe record. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. CITY COUNCIL OFFICIAL Special Session, January 11, 1974. Council met at 4:00 P.M. (C.D.T.) Present - Mayor Thoms, Coun- cilmen Brady, Lundh. City Mansgo er Gilbert D. Chavenelie. Absent at roll call Councilman Justmann (entered Council Chamber at 4:35 P.M.) Councilman Stackis (entered Council Chamber at 4:15 P.M.). Mayor Thoms read the call and stated that service thereof had heen duly made and this meeting ~s~a~:~I~~:e::::~ t:o u.::~~~ ~~rh I the Council relative to wage ne- gotiations and acting upon such other business as may properly come before the meeting. Mr. Owen Reilly, representative of the Teamster's Local, Mr. Dan- iel Sullivan, representative of the Firefighters Ass'n., Mr. Wm. Swee- ney, representative of the Operat- ing Engineers, and Mr. Paul Fel- ler, representative of the police Officers Ass'n, addressed the Coun- cil indicating that an impasse has been reached with the personnel Department of the City relative to wages and fringe benefits. After considerable discussion it was agreed that the various representa- tives of the unions, along with Mr. OFFICIAL S....lsl Session, January 21, 1974- Council met at 7:30 P.M. (C.D.T.) Present - Mayor Thoms, Coun. cllmen Brady, Justmann, Lundh, Stackls. City Manager Gilbert D. Ciulvanelie. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting Is called for the purpose of Levy- Ing of special assessment and in. tention of tha Council to issue bonds to pay for cost of part of 1973 Asphaltic Psvlng Project - University Avenue from McCormIck Streat to Gilliam Street, and act- Ing upon such other business as may properly come before a reg- ular meeting of the City Council. Communication of Teleprompter Cable Communications Corporation advising that they are filing an ap- plication for renewal of license of business Radio Station KUX 87 with the Federal Communications System, presented and read. Coun- cilman Lundh moved that the communication be referred to the City Manager for further study. Seconded by Councilman Stackis. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Office of Mass Transportation of Chicago, ill. ad. vising that the delay of Amtrak service between Chicago and East Dubuque, ill., has been caused due to the disrepair of platforms, im- proper lighting and generally poor boarding and lighting facilities, presented and read. Councilman Justmann moved that the com- munication be received and filed and referred to the Manager and staff. Seconded by Mayor Thoms. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Interstate Power Co. submitting plans and specifications of the pollution con- trol facilities, certificates of in- surance naming the City up to $4,400,000, also a request to Trus- tee to reimburse the Company for that communication and related Approved ................................1974, Adopted ..........................,.......1974. ............................................................ """"""""""""c.;;:;;;~;;;;""""""'" ........"........... Attest: """""ëiiÿ"ëïë~k January 18, 1974 Honorable Mayor and City Council Attached is a letter from Mr. Thomas A. Tully, Jr. requesting to lease the north portion of the old Naval Reserve Bnilding. -- -. -- L"..II>_"_._.......,._~_.,~~ 30 Special Session, January 21, 1974 1 recommend that the council ...thorize a lease of the property under the conditions suggested in the letter. Respectfully, Gilbert D. Chavenelle City M~er CotmciIman Justmann moved that the recommendation be ap. plOVed end referred bock to the Manager fOr proper proceedings with referral back to the Council for final approval. Seconded by Couneilman Stackis. Carried by the fO1lowing vote: Yeas--Mayor Thoms, Councilmen Bn<ly, Justman... Lundh, Stackis. Nays-None. Printed Council proceedings fOr the montha of Oct<>ber and N0- vember 1973, presented for ap- provaI. Mayor Thoma moved that the Council proœedings for the months of October and November ¡ 1971 be approved aa printed. Sec- onded by Councilman Lundh. Car- ried by the foJIowing vote: Ve_May...- Thoms,CouDcilmeD Brady, Justmann. Lundh, Stackis. Nays-None. Communication of CottIngbam & Buller advlaing of an accident jø.. volving their client, Xopples Inc., on 1-11-74, and a ci~ ve- hicle presented and read. Coun- eiIman lustmann moved that the cømmlJllication be referred to the City Soücitm- for jnvœti¡¡ation and report. Seconded by Kayor Thoms. Carried by the following vote: Vess-Maynr TbDms, ~ Brady, J...lmann, Lundh, Stackis. Nays-None. CommunicatiOn of Dubuque Oil Terminal Co., constituting a notice of exercise of the second of nine lUeoessive çtions to extend their - for reøpeclive periods of five years eaeh, presented and read C<Hm<:ilmm Justwann moved that the communkation be referred to the City Solicitor and Dock Board. SeeoDded by !b7Or Thoms. Gal'- ried by the followill& vote: Yeas-May...- Thoms, Councilmen Bn<ly, Justmann, LuDdlI, stackis. Nays--None. JaJIWIl'Y 17, 1974 Øønorable ~r and City Council On October 1, 1973, Boger BrIm- -- of Pioneer Acres, East Du- buque, Illinois, filed claim ...- the City of Dubuque in an eat1- mated amount of $85.M end eJaim- -.-- ---- - -- -~- I' U!"'. t. ."'..........,,-....."'., ~ ing said damages occurred to his motor vehicle on September 21 1973 as the result of striking ..; unbarricaded washout area at Uni- versity and Algona Streets in the City of Dubuque, Iowa. This was referred to tbe City Attorney who has investigated said matter and has cbecked with the Street Department and the Engi- neering Department and finds no actionable negligence on the port of the City, and in view of said findings, it is the recommenda- tion of the City Attorney that said claim be denied The claimant haa heeD put in touch with the insur- ance carrier fOr the contractor who bad heeD working at said site for disposition of said claim of Roger Brimmer- Original claim is retnrDed here- with. R. N- Russo City Attorney Mayor Thoms moved approval of the recommendatiOn. Seconded by Councilman Lundh. Carried by the foUowing vote: Y .--Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Nojjœ of claim of. Olem H. Ward, in the amount of $6.18, fOir car damase incurred as the re- sult of striking a hole in the street on First Street between Iowa and Main on January 14, 1974, present- ed and read Mayor Thoms moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. SeCAlDded by Councilman Lundit. Carried by the following vote: Yeas-Mayor Thoms, Counci1men Brady, Justmann, Lundh, stackis. Naya-None. Notiœ from Dultuque County ad- visin& that the W,", of Lot 352 in East Dubuque Addu. to the City oi Dubuque was sold to them on December 4, 1972, and the rigb.t of redemption will expire within 90 days, presented and lead. J4a- yor Thoms moved that the "otice be referred to the City Soücitor for investigation and report. Sec- onded by Councilman Brady. Car- ried by .the following vote: Veas-Mayor Thoms, Counci1men Brady, Justmann, Lundh, SIackia. Nays-'N<lne. ORDINANCE NO. 3-14 An Ordinance amancIiJIg 0rdI. Danca NGo :s¡..ø -n as tba Special Sessjon, January 21, 1974 31 ..,...rfIc Code of Dubuque, I_a" .. amend.." by repealing Sub- section 23 of Schedule IV there- of thereby removing the two ....r tl- zone on University Avenue tram Irving St_t to ",,"ry Strwt, Said Ordinance having been pre- """,ty presented and read at the Council meeting of November 19, 111'13, presented for ÍmaI adoption. ORDINANCE NO. 3-14 IIN OIlDiNANCE AMENDING OR- )!NANCE NO. "..... KNOWN AS THE "TRAFFIC CODE OF DU- BUQUE, IOWA" AS AMENDED, BY aEl'I!ALlNG SUßSECTION 23 OF SCHEDULE IV THEREOF THERE- IY IlEMOVING THE TWO HOUR TIME ZONE ON UNIVERSITY AVE- NUE PROM 1IlV1NG 5'nI!ET TO ASBURY 5'nI!ET NOW' TIJEREFORE BE IT OR- DAINED by tho Cuy Council of tbv City of Dubaquv, low" SECTION I. 11". Ordi.onc< No. ,,- 4' know. " "Thv T"ff" Codv of Du- buq"", lowo," " omrndvd, bv ""v.dod by rrpraIing Sub",ction 2J of Schtdulv IV thmof, ond the "mv hr ond i, hereby ...,wt<!. Pwtd, 'PProvod o.d odoptrd th" 21" doy of J..uory 197<. Ano. T. Thom, Moyor J..." E. B"dy Alvrn E. L..db Emll S"ck" Conncilrnvn ATTEST, Loo F. FrommvIt City Clvek MII,hed offidolly i. the TvI.g"ph HuM Now'popet th" 24th doy of Jon- ...ry 1974, Lvo F. Fromme" Œy Clvek It. 1-24 lfayor Thoma moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Lundh, Stackis. Nays--Counciiman Justmann. ORDINANCE NO. 4-74 An Ordinance _Ing Ordi- nance NGo 33-49 known a. the "TreHic Coda of Dubuque, Iowa, a. amended, by repealing Sub- section 29 of Schedule VI and enacting a new Subsection 29 of Schedule VI to prohibit park. Ing on the south sIcIe of Uni- versity Avenue from GIlliam Street to a point - hundred ancItwo--oftha- line of Au!lum S- and on the north Ilda of UnIversIty A- - from Lares Boorlovard fa Pannsytvan!a Awn.., Said Ordinanee having been pft>. viously presented and read at the Council meeting of November 19, 1973, presented fOr final adoption. ORDINANCE NO. 4-74 AN ORDINANCE AMENDING Oil. DINANCE NO. "..... KNOWN AS THE "TKAFFIC CODE OF DU- BUQUE. IOWA," AS AMENDED, BY REPEALING SUBSECTION 29 OF SCHEDULE VI AND ENACTING A NEW SUIISECTION 29 OF SCHEDULE VI TO PIlOHlBlT PARKING ON THE SOUTH SIDE OF UNlVEIIoSITY AVENUE FIlOM GILLIAM STREET TO A POINT ONE HUNDRED AND ""0 FEET EAST OF THE EAST LINE OF AU- BURN STIIoE£T AND ON THE NORTH SIDE OF UNIVERSITY A VENUE FROM LORAS BOULE- VARD TO PENNSYLVANIA AVE- NUE. NOW THEREFORE BE IT OR- DAINED hy tho City Council of tb. Ciry of Duhuqu., low", SECTION I. Th" Ordinon" No. JJ- 49 known .. <I,. "T"ffic Codv of Du- huq=, lowo," " om.nd.d, hr ond tho ,.... ¡, hvetby .....ndtd by rvpvaIrng Sub,"'tioa 29 of SohOOul. VI ond "'- ",ing 0 now Sub""ion 29 of Schtdulc VI, " follow", "SCHEDULE VI. 29, Thv "'.th ,ide of Univvr,ity Avrn= f,om Gilli.., Sttttt to 0 point onv hundttd ond tWO <'°2) fur "'" of tho ."t linv of Aubnrn Sttt<t ..d 00 ,he north ,ide of Univverity Avo."" from Lom Bool..",4 ro Pran- ,yIv..io Avvn=." Po".d, OpptovOO ond odnpttd thir 2"t doy of J.....ry, 197<. All.. T. non.. Moyo, ]0.." E. Brody Alvi. E. Lundb Emil St.dù Councllmv. ATI'EST, Loo F. Ftommdt City Clvek Pnbli,h.d offidolly in tho Tdv..-.ph H",ld Nvw'popet thi, 24th doy of J..- u"y, 1974. Loo F. Frommdt City Clvrk It. 1-24. Mayor Thoms moved final adop- tion of tbe Ordinance. Seconded by Councilman Lundb. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Lundh, Stackis. Nays--Councilman JustmaDn. 32 Special Session, January 21, 1974 ORDINANCE NO. 5-74 An Ordinance authorizing Molo Ssnd & Grsvel Co. to construct I 24 ft. x 10 ft. wide scale with 10' approach on Block M port of Booth's Addn. In the City of Du. buC'!&, Iowa, Presented and read. Councilman Stackis moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, . Justmann, Lundh, Stackis. 'Nays--None. Councilman Stackis moved that the rule requiring an Ordinance to be read on three separate. days be waived. Seconded by Mayor Thoms. Carried by the - following vote: Yeas-]!:ayor Thoms, Councilmen Brady, Justmann, Lundh, stackis. Nays--None. AN ~~::::c;E :~n::~ZING I MOLO SAND AND GRAVEL co. TO CONSTRUCT 24 ft. z 10 ft. wid, ",1, with 10' '.otO"h on Blo,k M, p"t of Booth', Add.. in th, Chy of Dubuqu" low" NOW THEREFORE BE IT OR- DAINED by th, Chy Coundl of th, City of Dubuqu" low" SECTION 1. Th" Molo S",d & Gm'tl Co. " own'" of th, prtmite' known" Block M Pm of Booth', Addn. (No"h ,id, of Third Str'" - E"rmion.E.."rIy ",minu,), in th, City of Dubuqu', low, br, ,nd th,y m hor,hy gnn"d th, ,,- voc,hl, pormit ,nd ,uthority to ,on- muet ,nd m,int'¡n , 24 ft. Z 10 ft. ".!, undor th, torm' ,nd tOndition' tet forth in th~ Ordin",or. SECTION 2. Th" ,u,h ,0n"tOorion ,h,lI br don' in ",ord,nor with phu, hurrofote ...bmitted by pormiueeo ",d ,pprovoo hy City M,n,ger, undu th, .u- po.mion ,nd dim""n of th, City M,n- 'gOt, ,nd in ""ord,nor with ,11 ,pplk,- hI, m" ,nd f,d",1 hw, ,oJ "gu]'tio",. ",d th, Ordio,nor. of th, City of Du- buque, SECTION J. Th" th, pumi"ion hur- io gno"d i, "p""ly ,onditioued 00 ptr- mitt... 'gr",mmt to, ,) ""um' ,oy ,nd ,11 li,baity for d,m,s" to p",o.. or ptOpttty wroth m'y r"ult £Com th, ox~t- 'nor, l""tion. in",lI"io", tOn- mutrioo or m,intm,nor of .,¡d Howe Richardson scale on City owned right of way on North Side of Third Street Extension; b) To p,y on brh,lf of th, City of Du- buque .!I ,um, which th, City of Duhuqu, ,h,lI breom' oblig",d to p'y by ",ron of th, li,bility un- poted upon th, City of Dubuque for d,m,g" of ,oy kind r"ulting ftOm th, I"",io", inmlhtion, ox- i",nor, ,0",ttO,tion or m,in"o""" of ,,¡d Howe Richardson scale on City owned right of way on North Side of Third Street Extension, ,umin,d by ,ny pu- tOn or pono"" """d by ,coid,ot or oth,rwi", to d,f,nd " i" own oxp'"" ,nd on bd,,1£ of "id City ",y d,im 'g"n" th, City of Du- buqu, ,ruing out of th, I""tion, inmll,tion, oxi"mor, """ttuetion ot m,in"n,nor of Howe Rich- ardson scale ,nd to P'Y ""on- ,bl, "torn'y f"" th",fo" ,) To ind,mnify ,nd hold City of Dubuqu, £C" ,nd hmnl", from ,ny ",d ,11 d'¡m" 10". li,bility ,nd oxpon" for injuri" to third pt"Oo' . or d,m,... to ptOpttty. of third pono"" or for d,m'g' to ,ny propo"y of City of Dubuque whkh m'y ""ur " , r"nir of or in ,on- n,trion with th, I","ion, in",lh- rion, ro",ttotrion. m"",,n"'or ,nd "p,ir of th, bdlity, work or un- prov=mt ptrmittoo hu,in. SECTION 4. Th" th, pormi"ion hm- in gnn"d i, oxpr""ly ,ondition,d upon ptrmim" fu"hor ,gr"mmt th" ,hould th, right ,nd privil,g' hu,in gnn"d b, ",dnd,d or "vok,d by th, City Coun- ,a, ptrmitt"", or th,ir ,uor"",n in in- "",t, " own'" of th, ,botting prop- "'y, ,h,lI within "n (10) d,y' ,ftor ""ript of wrimn notk, from th, City M,n,gor, to to do, " thrir own oxpm", mooYr .,¡d How' Rich"dron ".!e, ",d in the mot of thrir f,;Inte- so to do, th, City of Dubuqu, ,h,1l be ,utho- ri"d to "move "id Howe Richardson scale, " ptrmitt«' expm,e ,nddi.""" of the "m', ,nd th, ptrmim" ,h,lI hxv' no d'¡m 'g""" th, City or i" 'g,n" for d,m,ge, r"ulting from th, te- mo..1 of "id Howe Richardson scale. SECTION J, P,nnitt'" tOYrn,nt ,nd ,gr" th" rh, rtVo"bl, ptrmit hmin gnnttd d"" not ron"itu" ,n ,ppro..1 of th, d"ign, u,trioo, I"",ion, ,on- mutrion, "p,ir or m,intm,nor of "id b,ility ,nd ,,¡d pormitt« hor,by 'OYr- n,n" ,nd ,sr"" not to ",ort ,",h d"m or d,f,n.. 'g""'t th, City of Dobuqu, in th, mnt of d,im ""md for por- ,0n,I injuri" ,nd-or propotty d,m'g' ,g,in" th, ponnitt« ,ruho¡; out of or in ",y w'y ,0nn<Ot,d with the l"",ion, im,.!I"ion, to",ttOtrion, d"ign, r"P,it ,nd m,in"n,nor of the bdlity horrin pormittoo. SECTION 6. Thi. Ordin",or ,h,lI b,- ,om, ,H,trivr ",d th, rish" hortOndu ,mu' to Molo Sand & Gravel Co. wh,n thi> Ordin,oor h" brrn ,dop"d by th, City Coun,il ,nd th, "'m' ,nd ,onditio", thmof "orp"d by pomUtt"" bY-x,orp"nor ,ndomd on thi, Ordin",or. Special Session, Jannary 21, 1974 ",0«1, 'pptOVOO ,nd ,dop"d thi, 2¡'t day of J"'u"y, 1974, AlI,n T. Thom' M,yor J,m" E. Bndy Alvin E. Lundh Emil S",k¡' C. Robrtt Ju"m'un Coundlm,n ATTEST, Lro F, Frommdt City Cluk ACCEPTANCE OF ORDINANCE NO, '-74 Th, und",ign,d h,ving ",d ,nd bring I-xn\ili" with th, tttm, ,nd conditio", of Ordin,nor No. '-74 hmby, for th=- ..1"" th,it ,",or"on or ",igm, " own- '" 01 th, ,butting proptny. ,co"Pt th, ,..., ,nd 'gr« to b, bound by th, ,on- diciono ,nd 'g",mm" thmin con"in,d to be porlonn,d by pnmin"". D",d 1-8-74 Molo S,nd & Grml Co, By, Robm E. Molo Pre,id,nt Publ¡,h,d oHiti,lIy in th, Td'gnph Hrrxld N,w'p,por thi, 24th d,y of J,n- u"y, 1974. Loo F. Frommdt City Clork It. 1-Z4. Councilman Stackis moved final adoption of the Ordinance. Sec- onded by Mayor Thoms. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays--None. January 18, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of the Sisters of St. Francis re- questing zoning reclassification on a portion of their property lying north of Davis Avenue in the City of Dubuque, Iowa, from Single Family Residence District to Mul- tiple Residence-Planned Unit De- velopment District. The legal de- scription and extent of the pro- posed zoning reclassification is set forth in the attached Ordinance. The Planning and Zoning Com- mission bas determined that the proposal of the Sisters of St. Fran- cis to establish a Planned Unit Development on their property is appropriate at this time. The Com- mission has recommended that you approve the proposed zoning re- 33 classification as set forth in tbe attached Ordinance. ClTY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-MayOO' Thoms, Councilmeo Brady, Justmann, Lundh, Stackis. Nays--None. AN ORDINANCE Amending and Changing Ordinance No. 3-34 known as "The Zoning Ordinsnce snd Zoning Map of the City of Dubuque, Iowa" so as to change certsln property herelnefter de- scribed from "Single Family Res- idance District" Cls..lficatlon to "Multiple Residence Planned Unit Development District" cia.. slflcaflon (Sisters of St. Froncis property), presented snd read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas-MayOO' Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that a hear- ing be held on the Ordinance on February 18, 1974, in the Council Chamber at the City Hall at 7:30 o'clock P.M. and the City Clerk be instructed to publish notice of same in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. January 18, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Mr. Philip A. Powers requesting various zoning map amendments ~--_~__lJllnfJ1 n 1.."""""-"""""""""""";>;"~""'4 ~ 34 Special Session, January 21, 11174 on his property described as lA>t I I of Lot I of Lot I of "Powe:s Place" in the City of Dubuque, Iowa, to permit a Planned Unit Developrnem consisting of various conumercial and residential uses. The Commission baa determined that the proposed zoning recla8&i- ficatior>s are appropriate at this time. It is the recommendation of the Planning and Zoning CoIlll1Úð- sOon thai the petition be appr<>ved and that the Official ZonIng Map be amended in acc_e with the attached zoning plat, marked Exhibit "A". CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Developmeut PlaJUl<!!' Mayor 'nMms ",.....r that the commtmieatiøn be received ami filed. Secomfed by C<I1ureibmm Staelûs, Carried by the foUo..mg vote: Yeas-Mayor 'l'boms, Comtnlmen Brady, Justrnann, Stackis. Na~No"". Abotained-Councilman Lundh. Cotmcihnm Slackis moved that the rules be suspeDded in order to let anyone present address the Council if they so d~ Second- ed by CoŒ11cilman Brady. Carried by the following vote: Yeas---Mayor Thoms, CounciJmen Brndy, Justmann, Stackis. Nays-None. Abstained--Cotmcilman Lundh. Attorney Leo McCartby request- ed consideration to include an al- ternative in the zoning classifiea. tie.. in parcel #3, for publicatiOli of the notice to include profes- sional use classification. The Coun. cil oven-nled the request on the adviee of the City Solicitor, AN ORDINANCE Amending and Changing No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa," to change the Zoning Classification of various parts of Lot 1 of Lot 1 of Lot 1 of "Powers Place" in the CIty "f Dnbuque, Iowa, for "Mul- tiple Residence Distriet" and Sin- gle Family Residence District" to Local Business 'A' District," Local Business 'B' District" and "Multi- ple Residence-Planned Unit Devel- opment District," according to var- ious Descriptions herein pre- scribed, and as shown on the Zon- ing Map hereto attached, presented and read. --~" - . .U.,...."............~...""....-... ~'" Mayor TbÐms moved that the reading just had be CODSidered the first reading of the Ordinance, Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Stackis. Nays-None. Abstained-Councilman Lundh. Mayor Thoms moved that the reading requiring an Ordinance to be read on three separate days be waived. Seconded by CoU1ribnan Stackis. Carried by the following vote: Veas---Mayor TIIomø, Councilmen Brady, Justman.., Staeki& Na~Non.. Abstained-Conncilman Lundh. Mayor Tltoms moved that a pub- lic hearing he held em the 0Tdi- nance on February 18, 1974, at 7:30 o'clock P.M. in tbe Council Chamber at the City Hall, and the City Clerk be instructed to pub- lish notice of the hearing in the manner required by 11110'. Seeorrded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Stackis. Nays-None. AbstaÍned-Ccmncilman Landh. After further consideration of Attorney McCarthy's reqnest Ma. yor Thoms moved that the Ordi- nance be reo:oœi.dered 1M ftuther actÍOJl at the CoImcil meeting scheduled for Thursday evening January 2.4, 197', at 7:30 o'clock P.M. Seconded by Councilman Stackis. Carried by the foDDwing vote: Yea:r-Mayor ThoIm!, Co1mci1men Brady, Jnstmæm, Stackis. Nays-None. Abstained---Cotmcilman. Lnndh. Petition of Dubuque County Fa;' Ass'n objecting to the landfill site proposed for the County Home area, presented and read. Mayor Thoms moved that tbe petitimr be received and filed and referred fÞ the Engineering Department. Sec:- onded by Councilman Justmann. Carried by the foll"wIng ""Ie: Veas--Mayor Thoms, Councilmea Brady, Justmann, LnndI>, Staclds. Nays-None. Petition of Paul It Lois Gross objecting to the landfill site pro- posed in the County Home area, presented and read Mayor Thoms moved that the petition be re- ceived and filed, aI!d referred to Special Session, January 21, 1974 35 the Engineering Department. Sec- ....... by Councilman Justmann. earried by the following vote: Ye_lIUyor Thoms, Councitmen Brady, Justmann, Lundh, Stackis. Nays-None. Petition of George Helling et al (1' signers) objecting to the pro- pøaed landfill site at the County jføle due to the ill effect it might have on Fairground activo ttie8. presented and read. Mayor 'fIUmI JlWVed that the petition be "..,.;ved and filed, and referred to the Engineering Department. Seconded by Councilman Jnst- JII8IIIl. Carried by the fallowing vote: Yeas-Mayor Thoms, Councilmen Brady, JustlWlJ1]l, Lundh, Stackis, Nays-None. Petition of Eldon J. & Loretta BahI objecting to the proposed landfill site at the County Home and hoping that the correct an- swer to the problem is recycling, presented and read. Mayor Thoms moved that the petition be re- ceived and filed and referred to the Engineering Department. Sec- onded by Councilman Justmann. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Thomas Schenker et aI (2184 signers) objecting to the propooed landfill site due to the high density populatio.n in the mall _a and the adverse effect it 'WOuld Jrave 011 Fairground activ- ilieø, presented and read. Mayor Thoms moved that the petition be receiyed and filed, and referred to the Engineering Department. Seconded by Councilman Just- mann. Carried by the following vote: Yeas---Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays--NoDe. Petition of Robert C. " Naæni G. Buelow as being opposed to the proposed landfill site at the Coun- ty Home and suggesting the ex- ploration of recycling in coopera- tion with the Interstate Power Co., preaented and read. Mayor Thoms moved that the petition be re- œived and filed and referred to the Engineering Department. Sec- onded by Councilman Justmann. Carried by the following vote: Ye_Mayor Thoms, Councitmen Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Julie Scharringhau- san objecting to tbe proposed land. fill site at the County Home, pre- sented and read Mayor Thoms moved that the petition he re- ceived and rued, and referred to the Engineering Department. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Staekis. Nays-None. Petition of James Lex objecting ing to tbe proposed landfill site at the County Home, presented and read. Mayor Thoms moved that the petition be received and filed and referred to the Engineering De- partment. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Staclds. Nays-None. Petition of Wilfred Prier object- ing to the proposed landfill site at the County Home, presented and read. Mayor Thoms moved that the petition be received and filed and referred to the Engineering De- partment. Seconded by Councilmau Justmann. Carried by the follow- ing vote: Ye-Mayor Thoms,Councilmen Brady, Justmann, Lundh, Staclds, Nays-None. Petition of Vincent McFadden et ux objecting to the proposed landfill site at the County Home, presented and read. Mayor Thoms moved that the petition be re- ceived and filed and referred to the Engineering Department. Sec- onded by Councilman Juslmann. Carried by the fallowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Mrs. Elsa Adams addressed the Council reiative to the reestablish- ment of a Girls Center for the City. Councilman Justmann moved that the request be referred to the Recreation Department for a report. Seconded by Councilman Stackis. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, .Justmann, Lundh, Stackis. Nays-None. Petition of Iowa Student Puhlic Interest Research Group (ISPIRG) requesting adoption of a resolu- tion in favor of Senate File 22.5 36 Special Session, January 21, 1974 that would appropriate $5,000,000 annually to Iowa cities and towns for Urban Mass Transit Systems, presented and read. Councilman Brady moved approval and the Transit Authority be requested to concur. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Arthur W. Pins, re- questing rezoning classification of Old Timer Athletic and Supper Club Place except the north 180' thereof from SIngle Family to Multiple Family District classifi- cation, presented and read. Mayor Thoms moved that the petition he referred to the Planning & Zoning Commission. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmaon, Lundh, Stackis. Nays-None. Petition of American Legion Auxiliary requesting permission to sell poppies on May 17th and 18th, presented and read. Councilman Justmann moved that the petition be approved and referred to the Manager for implementation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmaon, Lundh, Stackis. Nays-None. Petition of V.F.W. requesting permission to sell poppies on May 17th and 18th, if not on those' dates May 24th & 25th, presented and read. Councilman Justmaon moved approval of the petition and that same be referred to the City Manager for implementation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Gleason Memorials at 3250 Central Ave. requesting consideration for purchase of platted alley abutting their prop- erty, approximately 10' and 92' long, presented and read. Coun- cilman Justmaon moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Stackis. carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. -.- . ----. .-----""""!'^""""""". Nays-None. Petition of Thomas D. Walsh et aI (48 signers) requesting change in present section of the City Zon- ing Ordinance that permits the use of prime residential neigh. borhoods for totally incompatible uses, such as the Delhi-University neighborhood and the Brammer store area, presented and read. Mayor Thoms moved that the pe- tition be referred to the City Man- ager. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms,Councilmen Brady, Justmann, Lundb, Stackis. Nays-None. January 18, 1974 Honorable Mayor and City Council I return to you the letters of Mr. A. J. Kisting aDd Mr, James R. Kisting about the purchase of City-owned property at Delhi and University Avenue. I have also attached a copy of a petition from residents of the surrounding area stating their feeting that the area should continue to be zoned "Bus- iness A" district. I have reviewed the proposal to purchase city prop- erty and make this recommenda- tion: 1, That the property be not sold at this time. 2. That the Council make it known that it will not endorse the lease of city property as an ad- junct to a tavern-like operation conducted in the bniIding at 1306 Delhi Street. 3. That upon proper termination of the present lease the city will negotiate a ten year lease with an option to renew for a second ten year period. The objectives of these recom- mendations are: 1. Prevent a tavern from being operated in the area. 2. Continue the usefulness of the land. 3. Provide open space for the neighborhood. A grocery store building existed at 1306 Delhi Street as a noncon- forming use in a multiple residen- tial district wben the city zoning ordinance was adopted in 1934. In 1960 city property to the west of the store building was leased to the owner and operator of the store. In 1970 this lease was re- Special Session, January 21, 1974 newed to extend to February 28, 1980. In 1967 the store building was destroyed by fire and in order to rebuild, the owner of the store building requested a rezoning of that property from multiple resi- dence zoning district to Business ~A!' district. There was also a second request to rezone property east of Glen Oak Street to Busi- ness "B" district. On June 15, 1967 the Planning 1IJld Zoning Commission conducted a. hearing and passed a motion that the 1306 Delhi location and properly along the south side of University to lot at 1153 easterly of Glen Oak Street be rezoned to Business "A" district. No one ap- peared at the hearing to speak in favor or in opposition. A petition was filed by eight property own. ers and residents of the area sup- oprting tbe rezoning of the 1306 Delhi Street property (at least three of the signators are cur- rently property holders or reside in the neighborhood). It is writ- ten in the minutes of the meet- ing, "It was the opinion of the Commission that the increased traffic that might be created by certain uses permitted in the L0- cal Business "B" would not be desirable for this area." The or- dinance revision was passed by Council, August 7, 1967. Current Situetion The owner of the property at 1306 Delhi Street has closed his business and is selling the lot and building. He indicated to me that there were several parties who might purchase the property and that one, the American Le- gion, had an option to purchase the property which continues to about January 24th. He also ex- plained that if the building was sold he would either request a transfer of his lease of city prop- erty or request a sub-lease ar- rangement. He further explained that an offer from Dubuque Life Insurance had been rejected. A representative of the Ameri- can Legion instructed me that the option was for the store property only and was not conditioned on a lease of city property. And fur- ther, if the Legion does purchase the property it was the intent to operate a facility available for 37 drinking alcoholic beverages with- out restriction to "club-patrons." Representatives of the Dubuque Life Insurance Company have in- formed me that they will not lease the city property, but as written in their letters they will purchase that part of the city property used for parking and agree to maintain the park area. In a telephone survey of neigh- borhood opinion as to whether or not the city property should be sold, response covered the range: --object to selling -no objection to selling -will not approve until use of store property is certain -preserve the park -possible purchase by neighbor- hood people for private park- ing An Alternstlve Course An alternative course of action which has heen considered is the offering for public sale a portion of the city land and retaining the westerly section as a small park. I have not recommended this course of action because: I. The property is leased. 2. A sale offering should be made to the public and not di. rectly to a specific purchaser. 3. The situation should not be conditioned by some "extra" ac- tion taken by the Council, but is more equitably handled under con- ditions which the current owner of the 1306 Delhi Street property has agreed to in a lease contract. Gilbert D. Chavenelle City Manager Mayor Thoms moved that items I, 2 and 3 be approved, on page one of the communication. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Petition of D.A.V. Club request- ing a refund of $25 on the unex- pired portion of cigarette license No. 97, as they have discontinued business on January 5, 1974, pre- sented and read. Mayor Thoms moved that the refund be granted and the Auditor be instrocted to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Special Session, January 21, 1974 39 Special Session, Janoary 21, 1974 p,,~ of Rkhard Bower re- eeived and filed. Secooded by Ma- I!.uesû':'/l .. ref~ of $50 on the yor Thoms. Carried by the follow- W?oeX¡>Ued portion of cigarette Ii. in8 vote: ~nse No. ~, as he has discon- Yeas-Mayor Thoms, Councilmen tinued busme.. Dn December 28, Brady, Justmann, Lundb, Stackis. 1»73, presented and read Mayor Nays-None. Thoms moved that the refund be granted and the Auditor instructed RESOLUTION NO. 18-74 to issue proper warrant. Seconded Sct.edule of Asoassments by Councilman Stackis. Carried by RESOLVED by the City CouneiI the following vote: of the City of Duhul,UC, Iowa: That Yeas-Mayor TbDmB, Councilmen to pay for part of City of Dubuq"" lIcady, Justmann, Lundh, stackis. 1973 Asphalt Paving Project No.1 Nays-NODe. IJ1Iiveroíty Avenue from the W.P.h Proof of P1iblieation, eertified of JIcCormidt Place to E.P L, of to by the P1iblisher, of notice of Gilliam street by Mulgrew Black. levy of special _osment and in- top Inc~ œntnlctor in front of tention of the Cit,. CO111Ieil to is- and adjoining the same, a special sue bonds to pay for part of 1973 tax be and is hereby levied on Aspahlt Paving Project No. 1- the ""vera! IotB and parts of lots, Uniorersity Avenue from the W.P.L. and parcels of real estate all IS of McCormick Place to E.P L. of named. situaled and owaed, and Gilliam Street TopÍca Project No. f~r the several amounts set oppo- T-'l35-7 (3)-46-31, preseI1ted and site each lot or parcel of real .... read tate, as set forth in the following No written objectiona were oebeduIe: filed and no <!!'al objecrors we.-e CITY OF DUBUQUE preoent at the time of the hearing. 197'3 ASPHALT PAVING ODuneilman .Jmtmann moored that PROJECT NO. 1-URlvanlty Ava. the proof of publication be reo from ft!e W.P.L. of McCormick St. ceived and filed. Secoaded by Ma- to 1M E.P.L of GiII!sm St. ",r Th<m!B. Carried by the follow. C-.uctlon Cost ing 'VOte: A.....we City """act Ve-Ma:ror '!11omS, Councilmen ShaN Shore Total Brady, .JaRtmann, Lundh, Stac1ds. $18,067.09 $132,539.29 $150,806.38 NaJ&-None. Eng\Merlng E_- Statement of City Clerk certify- As-..ble City P1'oect ing that notices of levy and as- Shore Shore To'" sessment were mailed by certified .().. 15,452.17 15,452.17 mail on December 20 1973 to Posta.. & L_I Notic.. property owners of ~,SUbject A.-We City project to assessment to pay for cost of Shere Shan Total constructing part of 1973 Asphalt 181.72 .().. 181.72 Paving Project No.1, Uniorersity 5% 1IIt.J52 Dsys Avenne 1rom McCormiek to GOO- Assessable City Project am Street, presented and read. _no Silo.. Total Councilman .Justmann moved that 180.48 .().. 130.48 the statement be received and filed. Seconded by Mayor 'I.'boms. 'Carried by the following vote: VeIlS-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Siackis. Nays-None. Statement of Jl. D. I\ampSOn, a me¡nber of the Engineering De- partment, certifying that notices of levy aDd special aasessment were posted in the .....ssa.ble area 01 University Avenue from McCor- mick to Gilliam Street being a part of 1973 Asphalt Paving Proj- ect "" January 14, 1974, presented and l'Oad Councilman Justmann moved that the statement be re- 38 Leon F, Ir Claretta C. Breit- Bach, Lot N. ØO' :226, FúJ. leY's Additioa .................. 12.23 Leon F, I: Claretta C. Bnit- bach, 'Lot N. 60' 227, FIn- ley's Addition """"""""" 1U4 P:ml G. Ir Pattleilt L. Gel> rielson, Lot 1 S. pt. Z!I>, Finley'. Ad<!itiÐn ............ 5Ø'I.61 P>ml G. " Plrlrici. 1.. Gal> rielson, Lot 1 S. pt. 226, fttIeTs Addition ............ 574.81 Rø¡er Ð. .. Bw:bata G. Woada, Lot S. 194' 22'1, Finley's Addition ........,... 62Z.8'f PhilomelÚa Hnu, Lot 226, Finley'. Add'ltion ."......... 1IK23 Margt. StreIetzky Eol, Lot 239, FinleJ's Addition .... ~.14 Neil C. "" Mary C. IIIcDoJ)- <m8h, Lot 1-232, Fia1eTa Additio!! ......."................... _. Charles Ulriclt Est., Lot I-~ ~I, )linen} Lot 25& """" *-11'1 Charles 1.. lIfetealf (ad. 'J6 Int.) I: Brenda 1.. Hansel (UIt<!. 'h int.), Lot 1-136, Finley, Waples, Bllrtoa Acfcfitio.. ............................01.11'1 Charles L. Meæalf (UJt<I. 'h Int.) I: Brenda L. Hansel (mrd. 'h int.), Lot 2-137, Finley, WapIe$, BartOlI AdditiOft ............................ 79.42 Genevieve" WID. Vander l\IeuIen, Lot 1-137, FùtIe1, Wapl..-, IIIIrIoD Aiel. ...... 4I!8.1' Willard" Isabel Gn....., Lot 1311. FblIey, Waples, Burton Add. ...............-.... 11113.05 'l'!IomM S. " Evelyn B. But- ler, Lot 134, Jl'iItle1, W. pies, Burtoø Add. ............ 148.54 Thomas S. & BwlyJI B. Bñ- lei", Lot 136, l'bIIey, W. pies, BtfrIon Add ........".. eta.54 Geørge A. "" Vera W. Spensley, Lot 133, Finley, Waples, Burian Add. ,- 1K8.54 Delbert W. &: Elaine J. Hil- lery, Lot 132, Finley, W. pies, Burten Add. ............ 1H8.54 Ralph L. &: Bertha May WaI.- ters, Lot 131, Finley, Wa.- ples, Burton Add. "."""'" 648.114 F. W. .,. Marg!. Schoenthal, Lot 1311, Finley, WII)Jes, Bw1on Add. ...................... 648.IJ4 Malo Oil Company, Lot W. 85'-1-1211, Finley, Waples. Barton Add.. .--.....-..... 832.62 Malo Oil Camp,""" Lot E. 35'-1-129, Fin1ey, Willies,. Burian Add. .............-..... 2112.116 DoUer Foods, lne~ Lot 3, . ì1eilu!et's Subdivision ...... 4113.78 Dolter Foods, Inc., Lot 4, Sdlulers Subdivisiml ...... 4Ø7.95 LUann C/n'Pf1I'ation, Lot 5, Schulers Subdivision .... nU5 fJrfI F. Boge, Lot 1-222, Finley's Addition ............ 733.65 èJrIl P. Boge, Lot 2-=, Finley's Additi08 .._......... 53.45 é.PrD ¥. Boge, Lot 223, F1J>. ley's Additioo ...........,...... 7110.l1li tJømtlð E. " llildred E. Deckert, Lot 1-224, Pin- . JeV's. Addftien ........."...... 73Ø,81 VIola Lambe (sanoI9<>r), Lot J.Ift, I'Inley's AdcfltiOll.. fl.!2 James E. Ir Jane P. Butt, Let 13, PiJIley, Waples, Burton AM. .................... 1II5.~'T :11rIJtH E. " J- Y. Batt, Lot 14, PIøIey, Waples, Burton Add. """""""""" _79 :11rIJtH E. " Jo" p. BUtt, Lot Ii>, PinIey, Waples, Burton Add. ..................., 648.54 :11rIJtH E. " J""" Ii'. Butt, Lot W*-IS, Finley, W. pIe&, BurtH Add. ............ 3K32 Mary Lou HIt_, Lot E'h-16, FiItle1, Wapi.., ØIIrton Add. .................... nf.32 Ambrose" Patricia 1Ie~ tftlt>, Lot 17, Finley, W. pies, BßI'ton Add. ............ 1148.54 Rust G. SF. " Jane E. Katme, Lot N. 31)' S. 110' 18, F'iJ!Je,o, Waple&, Bar- ton Add. ............................ 71.113 Røst G. Sr. .. JaDe Eo Kaune, Lot N. 3IV S. 50' 19, Finley, Waples, Bar- toli Add. ............................ 71.83 Rust G. 5)0. " Jane E. Kaune, Lot N. 95' 18, !FiIt- ley, Waples, -. Add. 556.42 Jerome W. " Jean A. Close, Lot N. W. 95' 19, Finley, Waples, Burt"" Add. ...... 558.012 Walter E. " Mary P. Bock- enstedt, Lot S. 15' 18, Fin- ley, Waplea, BurtoH Add 20.111 Walter E. .. Mary F. Bock- enstedt, Lot S. 11>' 19, FIn- ley, Waples, Burton Add 20.19 Loras & Leta A. Beadle, Lot 2 S. pt. 225, Finley'. AdIIi!üon ....,........"............. 47.77 Loras & Let& A. Beadle, Lot 2 S. pt. 226, Flu!ey's Addition ......................".... 44.26 Leoa F. .. Claretta C. Breit- bach, Lot N. 50' 226, Fin- Iey'\o AdditiM .................. 1'.97 A"""" City proJect Share SIoare Totel $1B,379.29 $147,119L46 $168,3'10.75 UDiversity Avenue f-.. the W.P.L. of McCormiek Street to the E.P.1.. of Gilliam 51. with Asphalt Pavi"" Iowa Oil Company, Lot 1- 2-1, SchuIers SIobdivision ii68.68 Iowa Oil Company, Lot 1- 2, Schuler. SubdiVÌlliou._. 347.55 Kent H. Jacklin, Lot 1-1 Schuler. Subdivisinn ..... 139.42 Kent H. Jeck1in, Lot 2-2-1, Scbulers Subdivision ...... 18.88 Kent H. Jecklin, Lot 2-2, Schuler's Subdivision .... U5.34 40 Special Session, January 21, 1974 Michael T. Hannelore Car. roll. Lot 1-2-129, Finley, Waples, Burton Add. ...... 324.13 Edward A. & Mary A. Swift, Lot W. 60-2-2-129, Finley, Waples, Burton Add. .................................... 37.25 Duane K. & Judith H. Baier, Lot E. 60-2.2-129, Finley, Waples, Burton Add .... 19.62 18,379.29 All of the above assessed accord- ing . to the benefits conferred. 215.0 tons A.C. Birider Course-Type "A" @ $11.88., ..............................$2,506.90 *4ßI.5 tons A.C. Binder Course - Type "A" @ 11.66...................."""""" 5,381.09 215.0 tons A.C. Surface Course - TYpe "A".@ 12.07 ................................ 2,595.05 '872.5 tons. A.C. Surface Course - Type "A" @ 12.07 ................................10,531.08 728.0 tons Asphalt treated 'base-Class 2 @ 7.25.... 5,278.00 '2,729.5 tons Asphalt treated base-Class 2 @ 7.25 ..................................19,788.88 353 gals. Tack coat, RC- 70 @ 0.30 ............"........ 105.90 '157 gals. Tack coat, Re- 70 @ 0.30 ............."......... 47.10 284 tons Driveway surfac- ing material @ 3.16 .". 897.44 '1,378.88 tons Driveway surfacing material @ 3.16 .................................. 4,357.26 5 no. of Adjustment of fixtures @ 75.00 ........" 375.00 '5 no. of Adjustment of fixtures @ 75.00 ..."....... 375.00 '5 no. of Manhole cast ring and cover @ 75.00 375.00 '388.2 lin. ft. Concrete Sawing @ 1.00 ........."... 386.20 '434.1 \in. ft. Asphalt sawing @ 0.50 ......"........ 217.05 '33.99 sta. Remove curb, gutter & drive sec- tion @ 110.00 .............. 3,736.90 '2,537.68 sq. yds. Remov- al of sidewalk and 6" drive @ 1.95 .........."...... 4,948.48 '73 no. of P.C.C. steps @ 30.00 ................................ 2,190.00 '63.0 cu. yds. P.C.C. re- taining wall-2 ft. @ 130.00 .............................. 8,190.00 '59.5 cu. yds. P.C.C. re- taining wall @ 130.00 7,735.00 '2,980;9 lin. ft. P.C.C. curb - - 1 '11I.J.-l.1'I1~"~"_"'-"!"""""""""""",,,~ and gntter, type "A" @ 4.40 ..................................13,115.96 '78.0 lin. ft. Handrail in- stalled @ 9.00 ................ 702.00 '380.9 \in. ft. P.C.C. curb and gutter, type "B" @ 4,50 .................................. 1,714.05 '117;995 sq. ft. Sodding @ 11.00 .......................... 1,297.95 '14,644.5 sq. ft. P.C.C. Sidewalk--4" @ 0.85....12,447.83 '4,131.9 sq. ft. P.C.C. Side- walk-6" @ 1.10 .......... 4,545.09 '260.05 sq. yd. P.C.C. Driveway-6" @ 9.90.... 2,574.50 1,828 sq. yds. Excavation, Class 10 @ 2.10 ............ 3,838.80 '2,332 cu. yds. Excava- tion, Class 10 @ 2.10.... 4,897.20 'Lump sum, Signal lights relocation @3OO0.00 .." 3,000.00 '37 no. of Watervalve street box, uppersect wI lid @ 35.00 ............" 1,295.00 '12 no. of Buffalo stop box, uppersect wllid @ 27.50 ................................ 330.00 '5 no. of Catch basin re- moval @ 77.00 .............. 385.00 'Lump sum, Removal of existing structures @ 1300.00 ............................ 1,300.00 '4 no. of Catch basin, sin- gle type 101-B @ 460.00 1,840.00 '282.1 \in. ft. 15" R.C,C.P. 2O00D, "0" ring joints @ 13.50 .......................... 3,808.35 '2 no. of Clearing and grubbing: 17"-15" @ 130.00 .............................. 260.00 '2 no. of Clearing and grubbing: 18"-24" @ 240,00 .............................. 480.00 '1 no. of Clearing and grubbing: 24"-30" @ 300.00 ...............". 300.00 '1 no. of Clearing and grubbing: 30"-36" @ 385.00 .............................. 385.00 '2 no. of Sign-remove and replace @ 770.00.... 1,540,00 '1 no. of Precast concrete manhole @ 330.00 ......" 330.00 65 tons A.C. Concrete 85- 100 pen @ 38.00 ........" 2,470.00 '165.24 tons A.C. Concrete 85-100 pen @ 38.00 ...... 6,279.12 '273.0 \in. ft. Curb - type "c" @ 4.40 .................." 1,201.20 '1 no of Sign, modifica- tion @ 250.00 ................ 250.00 Total Construction Cost $150,606.38 'Less City Share ..........., 132,539.29 Special Session, January 21, 1974 ",gessable Amount ......$ 18,067.09 Postage & Legal Notice.. 181.72 5% Interes~2 Days .... 130.48 rotal Assessable Amt.....$18,379.29 passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen AUest: LeO F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by èouncilman Justmann. Carried by the following vote: Yeas--Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of public hearing to consider a proposal to authorize the issuance of Street Improvement Bonds in the amount of $18,379.29 for the purpose of paying the cost of part of City of Dubuque 1973 Asphalt Paving Project No. I-University Avenue from McCormick Place to Gilliam Street, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Veas-Mayor Thoms, Councilmen Brady, Justmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 19.74 Resolution providing for the Is- suance of Street Improvement bonds for the purpose of pro- viding for the payment of the a...ssad cost of City of Dubuque 1973 Asphelt Paving Project No. I-University Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager bas certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and bas determined that $18,379.29 Dollars of the cœ1: 4I thereof shall be assessed agaiust 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 is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1973 Asphalt Paving Project N.o I-University Avenue from the W.P.L. of McCormick Street to the E.P.L. of Gilliam Street, there shall be issued street improvement bonds in the amount of $18,000.00 Dollars in anticipa- tion of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of February 21, 1974; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denominations and for such maturity dates as areshown in the following table: Series ,Bond Denom. Maturity No. No. 1 I $1,000.00 April 1, 1974 2 2 $1,000,00 April 1, 1975 3 3-4 $1,000.00 April 1, 1976 4 5-6 $1,000.00 April I, 1977 5 7-13 $1,000.00 April I, 1978 6 9-10 $1,000.00 April I, 1979 7 11-12 $1,000.00 April 1, 1980 8 13-14 $1,000.00 April 1, 1981 9 15-16 $1,000.00 April 1, 1982 10 17-18 $1,000.00 April I, 1983 3. Said bonds shall bear interest at the rate of six per cent per an- num, payable annually in accord. ance with coupons thereto at- tached: 4, Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City No. Series No. CITY OF DUBUQUE Streat Improvement Bond Tbe City of Dubuque in the State of Iowa promiBes to pay as here- inafter mentioned to the bearer hereof, the sum of one thousand dollars with interest thereon at the rate of Iiix per cent per an- num, payable annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of I Dubuque, in the State of Iowa. This baud is issued by the City of Du- buque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 21st day of January, 1974, be- ing Resolution No. 19-74. This Bond is one of a series of 18 bonds, all f<>r $1,000.00 numhered from 1 through 18, all of like tenor and date, and issued for the pur- pose of providing for the deferred payment of the assessments levied for the City of Dubuque 1973 As- I phalt Paving Project No. l-Uni- versity Avenue from the W.P.L. of McCormick Street to the E.P.L, of Gilliam Street, as described in said Resolution, in said City, which coat 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 As- sessroent Fund 1300 created by tbe eollection of said special tax, and said fund ean be used for no other purpose. It is hereby certified and recited I that all the acts, conditions and things required to be done, preee- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged iN TESTIMONY WHEREOF the City of Dubuque by its eouneil 10... .""""-""""'."""¡þÿ~~"'."'."""""'" ".."."."""""""""ëiïY'Ci~~k"""""'" (f'onn of Coupon) On the ......".. day of ..............-oo., the City of Dubuque, )ðwa, protn. ises to pay to the bearer, as pro- vided in said bond. the sum of ....."........... Dollars, in the office of the City Treasurer in the City of Dubuque, being .......... montha' in- terest due that date on its .......oo..". Bond No. .....-... dated """"""".""""""'M~Ÿ~;""""""""'" ..........................................,................. City Cieri< 6. That the Jú1O1' and City CIeri< be aDd they are hereby ~d to cause said bonds to be prepared and when SO prepared to _te said bonds and that the City CIerI< be and he is hereby instructed to register said bmUIs in a book kept f()r that purpose and II> then de- livei' them to the City Treasurer. 7. That the City 'J'reaSW'el' ÎII hereby instructed tø sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special futtd to be knOwn as Speeial AsøeSSment Fund 1300 and paid out by him to pay tbe cost ()f said eontract. 8. That the interest eoupono at- taeJoed to the bonds be signed with the facsimile olgnatore of the Ma- YM and œuøtenñgned with the fac- simile signature of the City Clet'k. 9. That as fast as fuDds A1IÞw, beginning with the second year after the payIlU!Dt of interest due, these bonds shall be called and retired in the some order as 1P1ID. bered. The notice of election Ie call these bonds shall be given by Regular United state. Moil ad- dreJsed to the last known address of the pIlrcllaser. Special Session, January 21, 1974 43 10. Passed, adopted and ap- proved this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by CoUIICliman JustmaDn. Carried by tJoe fol1<nring rote: Yeas-Jlayor Thoms, Councilmen B.-ady. Justmann, Lundh, Stackis. Nay&--None. Proof of Publication, certified to by the Publisher, of N<>tice of Pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of East 4th Street Ex. tension Sanitary Sewer 1973, pre- sented and read No written <>bjections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Stackis moved that the proof of publication be re- eelved and filed. Seconded by Councilman Justmann. Carried by the following vote: Veas--JoIayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Statement of City Clerk certify- ing UIat notices of public hearing on the resolution of necessity for eoœtrnetion of Eaat 4th Street ExteJWon Sanitary Sewer were mailed to property owners of rec- ord 011 December 20, 1973, pre- ....ted and read Mayor Thoms moved that the statement be re- eeived and filed. Seconded by , Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann. Lündh, Stackis. Nay&-None. (Necessity for Improvement) RESOLUTION NO. 396-73 WHEREAS, proposed plans, spe- eifil:ationa, form of contract, piat and schedule have been duly pre- pored and approved by the City CwDeiI of the City of Dubuque, and are now aD file in the office 4ß Special Session, January M, 197" of Dubuque and shaH be in sub- \ cansed this bond to be ligøed by stantially the foHowing form: its Vayor and countersigned by its CIty Clerk sod the Seal of said City to be thereto affixed, this 21st day of January, 1974. (SEAL) of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers. 3, Each lot proposed to be as- sessed together with a valuation fixed by the council- 4, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used 5. In each case the amount thereof which is estimated to be assessed against each lot, for the East 4th Street Extension Sani- tary Sewer-1973. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. Tbe railway portion of any street or as- sessmeni district sha1l be assessed co and paid by the railway com. pany. 44 Special Session, January 21, 1974 The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 17th day of December, 1973. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 21st day of January 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Decision of Council upon obiec- tions to plens, speclflcetlons, form of contract and cost of Improvements. RESOLUTION NO. 20.74 WHEREAS, proposed plans and specifications and form of con- tract for the East 4th Street Ex- tension Sewer-1973 have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, per. taining to public contracts and bonds, and the time and place fixed for tbe hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 17th day of December, 1973, and WHEREAS, the City Council met in special session this 21st day of January, 1974, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all objec- tions which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im. provement. Passed, adopted and approved this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. (Ordering Construction) RESOLUTION NO. 21.74 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 395-73 which was duly passed by this Council, for the East 4th Street Extension San- itary Sewer-I973, be and the same are hereby ordered and coustruct- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of tbe City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying -- - - . --- I".........."""", Special Session, January 21, 1974 within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewage rental funds of the city, Payment will be made to the contractor out of funds real- ized from the sale of sewer bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTllER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments berein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed has been issued BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. tl.a~':s~' d::o~ft"fan:~, aft7'fved Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 22-74 WHEREAS, the City of Dubuque has secured an easement agree- ment from 1I1inois Central Gulf Railroad Company in connection with the installation of the Cen- tury Drive and Bies Drive under- ground sanitary sewer; and WHEREAS, said Easement Agree- ment should be approved and de- livery thereof be. accepted; NOW, THEREFORE, BE IT BE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the Easement Agreement by and between 1lIi- nois Central Gulf Railroad Com- pany and the City of Dubuque, Iowa, dated December 10, 1973, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Easement Agreement for and on hehalf of the City of Dubuque, Iowa and that delivery of the Grant of Easement is herewith ac- cepted. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Grant of Easement to be recorded in the office of the Dubuque County Recorder. Passed, approved and adopted this 21st day of January 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh EmU Stackis C. Robert Justmann 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 Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Time and place of hearing to dis- pose of interest in Lot 1 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot One of Block 5 River Front Sub. No, 3 in the City of Dubuque, Iowa to United Parcel Service Inc. of Omaha, Nebr., pre- sented and read No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hear- ing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 23-74 WIlJ,.H.ßAS, there has been pre- sented to the City CouncUof the 45 46 Special SeøioD, January 9.1, 1974 Special Sesaian, January!l, 1974 47 CIty of Dubuque, Iowa, a plat, tbted Jaauary 18, 1074, prepared by Bartels, II_an, LeMay, Baas . F8T EDlineering Co., liceøsed ei9I1 eIIgiIœers aud laml """,,y- an, cowering Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 iD "1119- ... FJoat Subdivi.!ion No. 3" in tile Clt, of Dubuque, Iowa. beinl . part of BooseYelt Stnoet Ex(eII- sIoø; anll WllEREAS, said plat CODforntJ to the laws and statutes pertaining tilerelo; NOW THEREFORE BE rr BE- SOLVED by the CIty Council of \lie City of DIIbl14ue, Iowa: 5aetlan 1. That the plat, doted January 18, lWl4, prepared by Bar- tels, Jl(cJIabaD, B- & F8J Enp. neering Co., licensed civil engl- _rs and land lIIl'Yeyors, covering the real estate hereinabove de- scribeð, be and tile same is here- by approved and that the Mayor and CIQ> Clerk be and they are hereby authorized aad directed to execute said plat for and on be- haU of the Citt of Dubuque, Iowa. SactlOlt 2. That the City Clerk be and he is hereby authÐrIzed and directed to file said piat sod certified copy of this Resolution in the offiœ of tbe Recorder in and for Dubuque Cøw1ty, _a. PMaed, app""ved anð adopted this 21st day of January, 19'14- Allan T. 'l'homS MayIIt' James Eo Brady AlviD E. Lundh Emil Stackia C. Robert Justmann ColUlci1men Attest Leo F. FrOmmelt atyCledt Mayor TIIømS moved adoptioD of the resolulÏOD. Seeonded by Councilman Stackil. Carried by the fDlløwìng vøIe Yealf--MaJOr Thoms, Councilmen Br., JlIStmamI, Lundh, Stackb. Nays-None. RESOLUTION No. 24-74 WHEREAS, there lias been pre- oentec1 to the City Council of the City of Dubuque, 10..... a piat, dated JamtBrY 18, 1974; prepared by Bar\ela, Md&abaD, LeJlay, Haas & Fay Engineer!ni Co. li- censed civil ~ - land lllØVeyors, COyerin¡¡ the Suhdivi- oMIn of Lot 2 of Lot 2 of Lot 1 -- . - '_'41l 8~'!I-. ......-..... of Block 5 "Biver FrOnt Snbdbi- - No.3" and the SubdivisiOD of Lot "}j!' of Lot 2 of Lot 2 of Lot 1 of Block 5 iD "lliver Front SUlJdivision No.3" !II. the City of IñùIuClue, Io",a; and WHEREAS, said plat eonforms to the laws and statutes pertain- ing thereto; NOW THEREFORE BE IT BE- SOLVED by the City Council of the City of Dubuque. Iowa: Sect.... 1. That the plat, dated January 18, 1974, prepared by Bar- tels, McMahan, LeMay, Haas " Fay Eactneertng Co. licensed civ- il engineers and land surveyors, coveriDg the real estate hereiD- above described, be and the same is hereby approved and that tile Mayor and City Clerk be and they are hereby authorized and directed to """"ute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. 'l'bat the Ciq. Clerk be aød be is beœby anthorized and directed to file said plat aDd œrtified copy of tbi.s Resolution in the office of the Recorder in and for Dubuque County, Iowa. Pasled, approved and adopted this 21st day of January, 1974- AilaII T. Thoms lllayor .1- E. Brady Alvin F.. Lundh J!mil Stackis C. Robert Justmann Councilmen WHEREAS, said plat CODfol'lll8 to tbe laws and statutes pertaJn. ing thereto; NOW TIIEREFO1IE BE IT RE- SOLVED by the City Col1llcil of die CIty of Dubuque, Iowa: _.... t. That the plat, dated January 18, 1974, prepared by Bar- tels, McMahan, LeMay, Haas" Jf"" En«foaeering Co., tiœnoed civil en- gineers and lad surveyon, c0v- ering the rea1 - hereinabove de8cribed, be and the SlIDe ill here- by appt'OOftt and that the lIa,.,.. md CIty Clert< be and they ore heftily an1IIGrIæd 8IId directed to execute said plat for - on be- hIIf of tile CIty of Dubolque, Iowa. $action 2. That the CIty Clerk be 8Dd he Ja hereby al1thariled ad din!etec1 to file said plat 8Dd ceritfied copy of thts ResolntlOll Ia the offiee of the Recorder in and for Dubuque Oounty, Iowa. Passed, _d and adopted ttds Z1st day of JaD1l81'y, 1974. Allaat T. 'lboms MaJOr James F.. Brady Ahin Eo LuDdh Eœi1 _kis C. Robert Jnrtmlllll 00mIeIJm... Attest: Leo F. Frommelt City Clerk Mayor Thoms m<Wed adoption of the resolution. Seconded by CounciImaD StaeII:is. Carried by the following vote: yeas;-Kayor Thoms, Councilmen Brady, J\I.IÙII&IlI1, L1mdh, StaclIiI. Nays-None. RSSOLUTION NO. 25-74 WHEREAS. there baa been pre- sented to the Cüy CollllCil at the City of Dubu-. Iowa, & plat dated JaDWIl')' 18, 1W14, prepaxed by Bartels, Md4abaD, LeMq, Haas & Fay Engineering Co~ lieeøsed civil e~ and land. snrvey. on,. coveriA& the Subðivlaion of Lot 2 of LIK. 2 at La\; 2 of Lot 1 at Block 5 of ~mve.- I'roDt Sub- diviilon No.3" .In the at,. of Dubuque, Iowa; and AUest: Leo F. Jl'rammelt City Clerk J(a)'OZ' Th~ mooed adoption of the ~ Seconded by Com>- ciImaa Staek;& Carried by the foi. lowinI! -: Veas-Mayor 'l.'hD8ls,C8aœiImeD Brady, In_ann, Landl1, 8taekis. lIIa7s---n-. AN ORDINANCE Vacating a pMtion of RooseY<!lt - Exten- si... and to be hereattlel' cIeoeribed and koowD as Lot "A~ of Lot 2 of Lot 2 of Lot I of Bioet 5 in "aber Front Subdivision No.3 in the City øf Dubuque, 10- preaented and read. Councilma Stac:km moved that tM. Ol'dinanœ be I'Cferr«! to the Planning" ZÐDing CoJJllllÍSlÔOJl. Seconded by Ms1or 'TIIom8. Cor- ried by the f>oDowing 'IOte: V.,aø-Mayœo Thoms, Cou~ Brady, '-, lAmdII, 8tackis. Nays--NOOie. IlESCLUTIOH NO. 26-74 WBElŒAS, punlUaJIt to Resolu- ü.... of publiBbed Mtice of Ii1IIe ad 1'Iace of bearing pub1islled iB the Telegraph-Herald, . - of IC!IeI'sl cireuI8äoD pøb!ilåed in the CIty of Dn~, I...... lID Deeember 21, 1973 ami December 28, 1973, CIty CouDdI of CIty of Dubuque, ~. - on tlte lilt day of JaIIII81'7. 1974 at 1:38 o'dDc:k P.JiL (COIlIzaI DIIJliIht s.- ings Time) in Be CIty 0IImcil Cbambelll, City Hall. DIobnque, løwa to etmaIder the Pl'OllDSll1 18 då!pooe of iBœreJt of the CIty of Dubu..c, -a, in re8I eatat.e here- iaafœr deacribed, to UJlited P&- eel Serviee, lac. of 0maII8, ". brut&; and WIŒREAS, City 088ncIl of CIty of DaÒllllue, 18ft ""omo)ed .., and all 0!Jjectiaaa, oral or .wri$- ten, to the 1'1'-"' to di- of interet of City øf Dllbuque, 1-= NOW 'lBEIŒFO&E BE IT RE- SOL VEl) ..,. tIle Gt7 Connål øI the Ciq. of Dubuque, Iowa: Sac:tl8n t. TIIIIt the dispøsa! of merest 01. City øI Du~ Jo- in the followin« descr\l!ed parcel of rea1 .,state, ~wit: Ll>t 1 of the SllhdirisiDa of Lot 2 of Lot 2 of LIK 2 of Ll>t 08& 01 Block 5, "mver Front SuIxU- risioon No.3," in !.be CIJ:.y <>f Dubuque, Iowa, eontaiDID¡ 11.052 &ere. mOle Oi' Ie.. to United Pm:ed servi<:e IDe. 01. Omaha, Nehraska lor twenty-five (.$.25) œ.nts per square !.oot in the tDtaI amount of Twenq.-one TJwusaml, SoYa-Hundred Eighq. ($21,780.00) DOllars be and the same is hereby approved, subject 10 the following terma and condi- tion&: I. That the said real estate be sold to UDited Pan:el Service Inc. of Omaha. Nebralka for the con- struction thereon of a new build. ing containing approximately 10,000 sqnare feet. Z. That the sale price for said real estate shan be $.25 per square foot in the total amount of ~- ty-one Thousand, SeveD-HuBdred Eighty ($21,780.00) Dollars for a eertain 310' by- - lot ad the reee!ipt of 'l'weaty-oloe ØJmdJed iM'eety Eigllt ($2,1'l8.00) DoIl1aa as down payment is iIeœwitII - -¡edged b,- the Ci4'. J. That ......truction of .IRId building shall be comaeaeed with- in one (I) ,..... of 1lliøptí08 and the passage of this Beaolutioa ... ahsJl be COIßIIleœd withia *- (2) ye&rI « delirery 01. deed ..,,¡ upoII faiIuna ... ill do GI' a faiIJuIe ill 48 Special Session, January 21, 1974 and 968 Bluff Street for the 10th Street Widening Project. The property is legally described as the north 28 feet of City Lot 639, the south 23.2 feet of City Lot 639 and Lot 2 of the north 11.8 feet of City Lot 640 as shown on the accompanying piat outlined in red. The letters concerning negotia- tions for this property are en- closed and the latest telephone conversation between Mr. Duffey and Mr. White have proved frnit, less in reducing his demand of $45,000 for this property, which was appraised at $26,600. I, therefore, request that your Honorable Body direct the City At, !orney to proceed with the neces- sary legal action to aecure said property. Iilake improvements as to the land within (1) one year by the United I Parcel Service Inc. of Omaha, Ne- braska, purchaser, then said real estate shall automatically revert to the Clty of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. 4. That the construction of all buildings, yards, parking lots, fences and ancillary improve- ments shall be constructed in con- formance with existing City codes, and manufacturing process carried out in accord with City Ordinance. I 5. That the City of Dubuque, Iowa retains a perpetual easement for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to repaIr, inspect and maintain the same. 6. That all utilities and services to proposed bnildings be connect- ed at buyer's expense. Section 2. That the City Clerk I be and he is hereby authorized and directed to deliver deed of conveyance conveying the above described real estate to United parcel Service Inc. of Omaha, Ne- braska upon receipt of the full purchase price of $21,780.00. . Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. passed,approved and adopted this 21st day of January, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil stackis C. Robert Justmann Councilmen Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmano, Lundh, Stackts. Nays-None. RESOLUTION NO. 27-74 WHEREAS, the City of Du- buque, Iowa has been negotiating with John C. Duffey and Margaret Duffey, husband and wife, and owners of premises known as 958 and 968 Bluff Street in the City of Dubuque, Iowa and legally de- scribed as follows: The North 28 feet of City Lot 639 in the City of Dubuque, Iowa and The South 23'2" of City Lot 6:111 and Lot 2 of the North 11.8' of '::ity Lot 640 in the City of Dubuque, Iowa; and WHEREAS, the City of Du- buque, Iowa is attempting to ac- quire said premises for the devel- opment of Tenth Street and for general purposes; and wlIEREAS, the City of Du- buque, Iowa and John C. and Mar- garet Duffey have not been able to negotiate a sale and purchase price for said property; and WHEREAS, the City of Du- buque, Iowa finds and determines that Eminent Domain Proceedings should be instituted to acquire said real estate by the City of Dubuque, Iowa; Attest: Leo F. Frommelt City Cerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. To the Honorable Mayor and City Council We have conducted negotiations with Mr. John C. Duffey for the purchase of his property at 958 - r _4...;1" 111""1I'1I""""'-""""'-""'"""""""-~",,~ Special Session, January 21, 1974 NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That Eminent Domain Proceedings be instituted forth- with by tbe City of Dubuque, Iowa for the acquisition of the fOllow- ing described real estate, The North 28 feet of City Lot 639 in the City of Dubuque, Iowa and The South 23'2" of City Lot 639 and Lot 2 of the North 11.8' of City Lot 640 in the City of Du- buque, Iowa from John C. Duffey and Margaret Duffey and that the City Solicitor be and he is hereby ordered and directed to institute said Eminent Domain proceedings forthwith for and on behalf of the City of Du- buque, Iowa. Section 2. That the City Solici- tor be and he is hereby directed and empowered to do any and all things necessary and incidental to said Eminent Domain Proceedings, Passed, approved and adopted this 21st day of January, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms, Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis, Nays-None. RESOLUTION NO. 28-74 Authorizing the Publication of Notice of Sole of Project Notes (First Series 1974) and the Re- ceiving of Propossls for the Sale of Said Notes for the Downtown Urban Renewel Project, Iowa R-15 WHEREAS, under date of July 28, 1967, the City of Dubuque en- tered into a Loan and Capital Grant Contract for the undertak. ing of the Downtown Urban Re- newal Project, Iowa &-15; and WHEREAS, under date of July 3, 1972, the Council of the City of Dubuque adopted Resolution No. 213.72 authorizing to be issued, from time to time, Project Notes in connection with the Downtown Urban Renewal Project, Iowa R- 15; and WHEREAS, under date of Octo- ber 15, 1973, the Council of the City of Dubuque authorized the issuance and sale of its Project Notes in the aggregate principal amount of $1,738,000 to finance certain undertakings in connection with the Downtown Urban Renew- al Project, Iowa R-15; and WHEREAS, In order to refi. nance a portion of said outstand. ing Project Notes, it is necessary for the City of Dubuque to sell Project Notes (First Series 1974) totaling $1,565,000; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the City Clerk be and he is hereby authorized and directed to publish according to iaw, "Notice of Sale - Project Notes" in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the City Clerk be and he is hereby authorized and directed to accept and tabu- late proposals for the sale of said notes and to send telegrams of acceptance to the low bidder or bidders all in accordance with in- structions covering such transac- tionsas provided by the Depart- ment of Housing and Urban De- velopment, United States of Amer- ica. Section 3. That a meeting of the Council of the City of Dubuque shall be held after the bid open. ing date of February 5, 1974, to adopt such resolution or resolu- tions necessary for the consumma- tion of tbe sale of Project Notes (First Series 1974) to the lowest bidder or bidders. Passed, approved and adopted this 21st day of January, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh EmU Stackis Councilmen Attest: Leo F. Frommelt City Clerk 49 50 Special Session, January 21, 1974 Notice of Sale-Project Notas Sealed proposals will be re- ceived by the City of Dubuque (herein called the "Local Issuing Agency") at Council Chambers, City Hall, 13th & Iowa in the City of Dubuque, state of Iowa, until, and publicly opened at, I o'clock P.M. (E,D.S.T.) on February 5,1974, for the purchase of $1,565,000 of Project Notes (FIrst Series 1974), being issued to aid in financing Its projects(s) as follows: Amount Series Maturity $1,565,000 First.1974 June 21, 1974 The Notes will be dated March 5, 1974, will be payable to bearer on the Maturity Date, and will bear interest at the rate or rates per annum fixed in the proposal or proposals accepted for the pur- chase of such Noles. All proposals for the purchase of said Notes shall be submitted in a form approved by .the Loeal Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agen- cy at the address indicated above. Detailed information with respect to the conditions of this sale may be obtained from the January 22, 1974 issue of The Dally Bond Buyer. CITY OF DUBUQUE, IOWA By Leo F. Frommelt Authorized Officer Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. January 18, 1974 To the Honorable Mayor and City Council I would like the council to ap- prove the enclosed resolution -to dedicate a lot which we purchased to widen Hill Street some years ago. At the corner of Hill and Fifth Streets, Hill Street was widened over this lot, but the lot was never dedicated for street PUrPOses. The abandoned Standard Station sits behind this lot to the west and legally they could be denied ac- cess to the street if the lot is not dedicated for street purposes. John L. White, P.E. City Engineer ,- ... --,-~-¡.IìI!(".."'!I""'.""""'~~ Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis, Nays-None. RESOLUTION NO. 29.74 WHEREAS, on the 21st day of September 1944, City of Dubuque, Iowa acquired by means of a Warranty Deed from Flora Hat. kat!, spinster and unmarried, the followed described real estate: Lot 1 of the SUbdivision of Lot I of the Subdivision of Lot 2 of the SUbdivision of part of Out Lot No. 735 in the Town (now City) of Dubuque, Iowa, according to the recorded plats of said several subdivisions; AL- SO, Lot No. I of the Subdivision of Lot No, 1, and Lot No.2 of the subdivision of Lot No.2 of the Subdivision of Lot No.1; both of the subdivisions of Lot No 37 in "Piat of Town Lots th~ property of Francis Kelly, Dubuque, I a w a" (commonly known as Kelly's Subdivision of Town Lots) in the City of Du- buque, Iowa, according to the recorded piats of said several subdivisions; and WHEREAS, City of Dubuque, Iowa acquired said respective par- cels of real estate fo.- street pur- poses only, for the widening of Hill Street; and WHEREAS, saidpareels of real estate were acquired by said War. ranty Deed, dated September 21. 1944, filed September 29, 1944 and recorded in Book 118 Town Lots, page 92 of Dubuque County rec- ords and the delivery of said deed shonId and be accepted by the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IO- WA: Section I. That the delivery of Warranty Deed, dated September 21, 1944, filed September 29, 1944, and recorded in Book #118, page 92, of Dubuque County records wherein Flora Hatkett, spiuster and unmarrIed, conveyed the here- inabove described real estate to City of Dubuque, Iowa and delivery thereof be and the same is her&by Special Session, January 21, 1974 51 accepted by the City of Dubuque, Iowa. Section 2. That the real estate bereinabove described was ac- quired for street purposes for the widening of Hill Street and said portion of said real estate de. scribed as: Lot 2 of Lot I of Lot 1 of Lot 2 of Out Lot 735 in the City of Dubuque, Iowa is herewith dedicated for street purposes. SectIon 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuqu& County, Iowa record- er. Passed, approved and adopted this 21st day of January, 1974. Allan T, Thoms Mayor C. Robert Justmaon Alvin E. Lundh Emil Stackis James E, Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilmsn Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fallowing vote: Vears - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 30.74 WHEREAS, the City of Dubuque, Iowa through its City Manager has been negotiating an agreement re- iating to wages and working condi- tions and other employee benefits with various employee group or- ganizations and employee groups; and WHEREAS, the parties have reached. a stage in said negotia. tions where Memorandum of Agree- ment among all of the parties is to he executed; and WHEREAS, the City Manager of the City of Dubuque, Iowa has ex- ecuted said Memorandum of Agree- ment on behalf of the City of Du- buque, Iowa and such signing of said Agreement shonld he ratified and eoDfirmed; NOW THEREFORE BE IT RE- SOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: SectIon I. That the signing of the Memorandum of Agreement by and between City Manager for the City of Dubuque, Iowa and .the respective employee groups be and the same is hereby approved, rat- ified and confirmed. Passed, approved and adopted this 21st day of January, 1974. Allan T, Thomas Mayor James E. Brady Alvin E. Lundh Emil Stackis C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Veas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None, RESOLUTION NO. 31-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following having complied with the provisions of law relating to the sale of Ciga. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Ralph Lemmer, dba, Lemmers, 901 Rhomberg Avenue Eska Co., 2400 Kerper Blvd. (MY- CAP VENDORS) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis, Carried by the fol. lowing vote: Yeas - Mayor Thomas, Council- men Brady, Lundh. Stackis, Nays-Councilman Justmann. RESOLUTION NO. 32.74 WHEREAS, applications for Beer permits have been submitted 52 Special Session, January 21,1974 Special Session, January 21, 1974 to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba, Oky Doky Foods, #9, 51 West 32nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E, Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 33-74- WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named applicants a Beer per- mit. CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., dba, Oky Doky Foods, #9, 51 West 32nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 34-74. WHERAS, applications for Liq- quor Licenses have been submitted to this Council for approval and the same have been examined, NOW TllEREFORE 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 Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen, dha, 1900 Tap, 1900 Washington St. Rita M. Clancy, dba, Clancy's Sil- ver Tap, 201 East 22nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen NOW TllEREFORE 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 Lorraine A. Fransen, db.. 1900 Tap, 1900 Washington St. Bita M. Clancy, dba, Clancy's Sil- ver Tap, 201 East 22nd St. Passed, adopted and approved this 21st day of January 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. The question was raised as to who should make payment of necessary hospital and other ex- penses, the City or County, in the case of the shooting of Alphonse Boge by a local police officer. Councilman Stackis moved that the City Attorney take whatever action is indicated. Seconded by Mayor Thoms. Carried by the fol. lowing vote: Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 35-74. 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, Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Brady, Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Leo F. Frommelt City Clerk Approved ....................................1974 Adopted ......................................1974 """""""""""""""""""""""""""""" ............................................................ ............................................................ ............................................................ "".'."""""""""""""""""""""""""'" Councilmen. Attest: """"""ëïiÿ"ci~;k:'."""""""" 53 54 Special Session, January 24, 1974 CITY COUNCIL (OFFICIAL) Speck! Session. January 24, 1974- Council mat at 7:30 P.M. (C.D.T.) PreHnt - Mayor Thoms, Coun. ell....." Brady (absant at roll call), Justman.., Lundh, Stackls. City Man_r Gilbert D. Chavanelle. Mayor Thoms read the call 'and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering appointments to various Boards and Commissions and act- ing upon such other busineas as may properly come before a reg- ular meeting of the Council. Communication of Joseph J. Meyer, as agent of the Eqnitable Life Assurance Society, stating that his company is interested in submitting a proposal for long term life insurance and hospitali- zation, presented and read. Mayor Thoms moved that the communica- tion be referred to the City Mana- ger. Seconded 'by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-None. Absent - Councilman Brady. Communication of Continental National American Group Insur- ance advising that the City is be- ing considered responsible for an accident Inwlv!nga city-owned bus driven by Stanley F. Wenzel and Cedar Rentals Inc. in the amount of $291.76 on 12-29-73 at Asbury & Carter Road, presented and read. Mayor Thoms moved that the communication be re- ferred to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Veas - Mayor Thoms, Council. men Justmaun, Lundh, Stackis. Nays-None, Absent - Councilman Brady. Notice of claim of E. W. petesch, in the amount of $25. for towing his car away unnecessarily which was parked behind his home on White street on January 15, 1974, while he was confined to a hos- pital, presented and read Mayor - . _JjU".III"""'."',,"1I"""1!c"""~'~"-~" Thoms moved that the notice be referred to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Justmann, Lundb, Stackis. Nays - None. Absent - Councilman Brady. Notice of claim of Mrs. Roger Nebel, in the amount of $4000. for personal property damage in- curred as the result of a sewer back.up into her home at 1420 Parkway on January 18, 1974, pre- sented and read. Mayor Thoms moved that tbe notice of claim be referred to the City Attorney for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Siackts. Nays - None. Absent - Councilman Brady. Notice of claim of Stacia Schuster, in the amount of $166.19 estimated, for car daJDage incurred as the result of her car being struck by a city..owned vehicle on January 14, 1974 at 341 Main St., presented and read. Mayor Thoms moved that the notice of claim be referred to the City Attorney for investigation and report. Seconded by Couneilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Justmann, Lundh, Stackis. Nays-None. Absent - Councilman Brady. Notice of claim of Paul C. Richard, in an estimated amount of $66.85, for car damage incurred as the result of striking a hole in the street at 32nd, hetween Central and Grandview, on January 20, 1974, presented and read. Mayor Thoms moved that the notice of claim be referred to the City At- torney for investigation and re- port. Seconded by Councilman Lundh. Carried by the following vote: Veas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays - None. Absent - Councilman Brady. January 24, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has can. sidereda proposal to vacate a por- tion of the platted extension of Special Session, January 24, 1974 55 RooseVelt Street in the City of Dubuque, Iowa, described as Lot "A" of Lot 2 of Lot 2 of Lot I in Block 5, "River Front Subdivi: sian No.3". It is the opinion of the Commis- am that the platted street above described will not 'be needed for future thoroughfare purposes, and It is recommeDded that said plat- ted right-of.way be vaeated. ClTY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Pianner Mqar Thoms moved that the communication be received and filed. Seconded by Councilman Lundb. Carried by tbe following vote: Yeas - Mayor Thoms, Council. men Justmann, Lundh, Stackis. Nay&-None. Absent-Councilman Brady. ORDINANCE NO. 6-74 An Ordinance vacating a portion of Roosevelt Street Extension to be ha-fter dascrlbed as Lot "A" of Lot 2 of Lot 2 of Lot I of Block 5 In River Front Sub- I dlvoisJon No.3, 'I presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilm= Stackis, Carried by the following vote: Veas - 'Mayor Thoms, Council- men Justmann, Lundh, Stackis. Naytl-None. Absent-Councilman Brady, Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Curied by the fallowing vote: Veas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-None. Absent-Councilman Brady. ORDINANCE NO. 6-74 WHEREAS, . pordon of Rnosevdt Str.., Exten.wn h.. h... t>tablishrd .. . public "Ret: ond WHEREAS, ume ,b.1I he...f", be deoctibrd ond known.. Lot "A" of Lot Z of Lot Z of Lot 1 of Block, in "River Fmnt Sobdi.i.wn N.o J" in the aty of Dubuque, low,; .nd WHEREAS, City Council of City of Dubuqu" low. determine. uid "eo ,hould be .",red .nd th.. th, FI.nnins .nd z",ùng Commi.åon of City of Du- buque, low. h.. ..proved the ""uon .f "¡d ""er ext<nåtm .. it at> Ion... "'tv.. any public pur"",,; NOW THEREFORE, BE IT OR- DAINED by th, City Coon.il of th, City of Dubuqu., low", SECTION 1. Th.. the ""Uon of . portion ot Roo,evelt Streer Em..on he..... "",bo., d".dbed be and the .- ;, h...by .....rd. SECTION 2. Tb.. the City Clerk be .nd h. i, herthy 'uthoriord and di.....d to ...,...¡ . cerdfitd <opy of tlùa Otdi- .....,. in tho .ff;.;e of the Dubuq... Cooon- ty ...""der. Pa"'" appro.ed ..d aðopred thia Utb d,y of J..uuy, 197<, AIla. T. Thom, Mayor Alvin E. Lundh £mil Stockit Co IIobttt J>u- Coun.ilm... ATTEST, Loo F. F_melt City Clerk Publ;.hed officially in th, TeI.,..ph Hmld Newopapet thu 28th da, of J- .ory, 197<. Len F. Fromm,lt aty Clerk Ie 1-2'. Mayor Thoms moved f'mal adop- tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoma, Council. men Justmmm, Lundh. Stactis. Nays-None. Absent-Counci1man Bndy. COUNCILMAN BRADY EN- TERED TIlE COUNCIL CHAMBER AT 7:40 P.M. AN ORDINANCE Amendin¡ ....,¡ Ohanging Ordinanœ No. ~ an .. to change the Zoning Classification of various parts of Lot 1 of 1 of 1 of Powers Place from Multiple Residence District and Single Fam- ily Residence Diatrict to Local Bus- iness 'A' District, Local Business 'B' District and Multiple Residence Unit Development District aceord- ing to varioua descriptions and Zoning Map attached, presented and read. Mayor Thoms moved that the rules be suspended in order to let anyone present address the Council il they gO desire. Second. ed by Councilman Stackis. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, StackiB. Nays-None. Abstaine<i-CouncUmsn Lundh. Attorney Z- McCarthy, repre- senting Phil Powers, addreased the Council by requesting tbat the 56 Special Session, January 24, 1974 public hearing be set for February 18, 1974. Mayor Thoms moved that the reading just had be considered the first reading . of the Ordinance. SecQnded by Councilman Stackis. Carried by the following vote: Veas - Mayor Thoms, Council- men BradY, Justmann, Slaws. Nays-None. Abstained~uncilman Lundh. Mayor Thoms moved that the 1'1* ~q~nç an Ordinance. to be read on three separate . days be waived Seconded by Councilman Staws. Carried by .the following vote: . . Yeas - Mayor Thoms, Council- men Brady,Justmann,' Stackis. Nays-None. Abstained~uncilman Lundh: Mayor Thoms mo,""d tha:t a pub- lic hearing be held On . the Ordi- nance' on'February 18, 1974, at 7:30 P.M. in th" Counêilêliambei at the City Hall and the City Clerk be instructe<l to publish notice of the hearing In the manner required by law; Seconded by Councilman Stackis. Carried by the following vote: . Yeas - Mayor Thoms, Council- I men Brady, Justmann, Slackis. Abstained--Councilman Lundh. RESOLUTION NO. 36-74 WHEREAS, there bas been .trans- mitted to the City Council of the City of Dubuque, Iowa communica- .tion from the Iowa StudentPublíc Interest Rèsearch Group drawing the attention of the City Council to Senate File 22.5 which is a bill that would provide $5,000,000 an- nually to Iowa cities and towns for urban mass transit systems and asking the City Council to adopt a Resolution favoring the passage of said Senate File 225; and WHEREAS, the City Council of the City of Dubuque, Iowa is aware of the Senate File 225 and what it provides and is in favor of the passage of same; NOW THEREFORE BE IT RE- SOLVED BV TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the City Council of the City of Dubuque, Iowa does hereby go on record approving and being in favor of the passage of Senate File 225 being a bill to appropriate $5,000,000 annùally to Iowa cities and towns for urban mass transit syst~ms and the City "'" ---'-------.._-"""'",n"'~..,~. Council of the City of Dubuque: Iowa does further formally go on record urging the immediate pas- sage of Senate File 225 and the implementation thereof. Section 2. It is further resolved and is hereby ordered .that the City Clerk transmit forthwith a certified copy of this Resolution to each State Senator and State Rèpresentative representing' this District and in addition thereto, thafa'certified copy be transmitted forthwith to the Dubuque Transit Authority with a request that they adopt a Concurring Rèsolution con- curring herewith: . , section 3. It is further resolved and oÌ'dered. that the City Clerk forward a certified copy of this Resolution to Skip Laitner, State Environmental Coordinator, State House, Post Office Box .1059, Des Moines, Iowa 50311. Passed, approved and adopted this 24th dayof January, '1974, Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Slackis moved adop- tion of the resolution. Seconded by' Councilman Justmann. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 37.74 WHEREAS, a new entity known as "Operation: New View" has been created to serve as the Com- munity Action Agency for the Tri- County Area; and WHEREAS, a form of agreement has been tendered for execution by all the signatory parties there. to, of which the City of Dubuque, Iowa is a requested signer; and WHEREAS, said agreement should be approved; NOW TllEREFORE BE IT RE- SOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IO- WA: Section I. That the agreement be.tween Dubuque County, Jackson County, Delaware County and the City of Dubuque, Iowa creating a SpecW SessWn, January 24, 1974 separate legal entity to be known as "Operation: New View" be and the same is hereby approved. section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 24th day of January, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: lJeo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Mayor Thoms. Carried by the following vote: Veas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. Nays-None. Councilman Justmann moved that pursuant to the above item as to the possible diversion of City appropriated monies tbe City At- torney was instructed to make in- quiry into disposition of funds that may have been used. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Veas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays - None. January 24, 1974 Honorable Mayor and City Council The City of Dubuque Board of Dock Commissioners has been ne- gotiating a new lease with Mr. Robart Molo of the Malo Sand and Gravel Company since April of 1973. The Commission and Mr. Malo have agreed to the general terms of the proposed lease, and, except for minor changes, have bargained in good faith to enter into a lease and agreement. The new lease provides for escalation of rentals and the Commission feels, due to Mr. Malo's acceptance of the new terms and the ap- proximately $52,000.00 expended by the Malo Company for a new crane and other expenditures, the lease is a favorable one and should be executed by the Commission. The Commissi{}Jl refers your body to its directive from you con- eeming the granting of new leases and requests that you concur with the Commission in considering the fact that agreement was resched prilor 10 any Council directive and that your group agree with the Commission's decision to enter into the lease and agreement with the Mol. COmpany. The Molo Company has signed the lease and upon word from your group, the Commission will immediately ex" cute the agreement. Your immediate attention is re- quested. Thank you. Shirley Lang Dock Manager May{}r Thoms moved coneur- rence with the Commission. Sec- onded by Councilman Stackis. Car- ried by the followiItg vat", Yeas - Mayor Thoms, Council- men Lundh. Stackis. Nays - Counclimen Brady, Justmann. At 8:40 P,M. Mayor Thoms moved to go into executive session to consider appointments to var- ious Boards and Commissions, Seconded by Councilman Lundh, Carried by the foUowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stacll:is. Nays - None. The Council reconvened in reg- ular session at 10:25 P.M. and the Mayor moved the fallowing appointments: William Woodward to the Dock Board to 11-26-76; James F, Connelly to the Board of Zoning Adjustment to fill the un. expired term of George Deininger to 3-5-74; Councilman James E. Brady to the Plumbing Board to replace former Councilman Walter A, Pregler; Kenneth R. Pease to the Library Board to replace Mrs. Saul Greenstein to 7-1-77; Vouth Services Board Mrs. Jean Fyten; Human Rights Commission Thomas Tully Jr. to 1-1.75; David G. Davis to 1-1-76; Susan Soley to 1.1-76; To the Advisory Commission Donna Foote, Michael Farley and Donald Krueger; Seconded by Councilman Stackis. Carried by the following vote: Veas - Mayor Thoms, Council- man Brady, Justmann, Lundh, Stackis. Nays - None. 57 58 Approved Adopted - - -.-- ~ -M-Jl.'"$-!t......""-..-...",,,. "'* 4' Special Session, January 24, 1974 None. Leo F. Frommelt City Clerk. 1974 1974 Regular Session, February 4, 1974 59 Board of Health OFFICIAL Ragul.. Session, Febroary 4, 1974. Board met at 7:15 P.M, (C.D.T.) PreHnt - Chairman Allan T. Thoms, Messrs. James E. Brady, C. Robart Justmann, AI"ln E. Lundh, Emil Stackls. Dr. Kenneth K. Ha... let. Communication of Arthur J. Roth, Health Administrator submit- ting a copy of House File #712 relating to inspection of food estab- lishments, which would usurp the right of municipalities to inspect, regnlate or license restaurants within their jurisdiction, and being in opposition .to the proposed bill that is presently in the sifting com- mittee, presented and read. Chairman Allan T. Thoms moved that the communication be receiv- ed and filed. Seconded by Mr. James Brady. Carried by the fol- lowing vote: Chairman Allan T. Thoms, Messrs. James E. Brady, C. Robert Justmann, Alvin E. Lundh, Emil Stackis. Nays-None. RESOLUTION OF THE HEALTH DEPARTMENT OF CITY OF DUBUQUE, IOWA NO. 38-74 WHEREAS, there is now within the Sifting Committee House File 712 pertaining to restaurants and eating establishments which would purport to direct municipalities and counties in the inspection, reg- ulation and licensing of restaurants and other food service establish- ments within their jurisdiction; and WHEREAS, the City Heaitb De- partment of the City of Dubuque, Iowa, is in opposition to said House File 712; and WHEREAS, the City Health De- partment of the City of Dubuque, Iowa is fully informed and advised concerning the respective merits of House File 712 being a bill to regu- late restaurants and eating estab- lishments as opposed to the pres- ent regulations and laws under which the City of Dubuque is op- erating in tbe restaurant inspec- tion; NOW THEREFORE BE IT RE- SOLVED by .the Health Depart- ment of the City of Dubuque, Iowa: Section I. That the Board of Health of the City of Dubuque, Iowa be and it does formally go on record in oPPOsition to House File 712 being a bill to license and regulate restaurants and eat- ing establishments which is pres- ently in the Sifting Committee of the House of Representatives of the State of Iowa. Section 2. That the City Clerk be and he is hereby directed to trans- mit forthwith a certified copy of this Resolution .to all Representa. tives in the Senate and in ihe House of the State of Iowa repre- senting this District. Passed, approved and adopted this 4th day of February, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Members of Board of Health Attest: Leo F. Frommelt, Clerk Chairman Allan T. Thoms moved adoption of the resolution. Second- ed by Mr. James E. Brady. Carried by the following vote: Veas-Messrs. James E, Brady, Alvin E. Lundh, Emil Stackis. Nays-Mr. C, Robert Justmann. There 'being no further business for the Board of Health Chairman Allan T. Thoms moved that the Board of Health be adjourned. Seconded by Mr. Emil Stackis. Car- ried by the following vote: Veas-Chairman Allan T. Thoms. Messrs. James E. Brady, C, Robert Justmann, Alvin E. Lundh, Emil Stackis. Nays-None. Leo F. Frommelt Clerk, Board of Health Approved Adopted 1974 1974 There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - """""""""c~~;-'cij;;;;;;"""""""""" Attest: """"""ëïiÿ"ci~;k:""""""""" ...........................,................................ Members of Board of Health Attest: ............................... Clerk