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1974 March Council Proceedings 120 Adjourned Regular Session, March 11, 1974 Adjourned Regular Session, March 11, 1974 121 CITY COUNCIL OFFICIAL Adjourned Regular Session, March II, 1974. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh. City Manager Gilbert D. Chave. nelle. Absent-Councilman Slackis. Mayor Thoms read the call and stated that lhis is an ADJOURNED SESSION OF THE REGULAR SES. SION OF MARCH 4, 1974, called for the purpose of acting upon such business as may properly come before the meeting. Playground and Recreation Com- mission submitting minules of their meeting of February 18th, presented and read. Mayor Thoms moved that the minutes be re- ceived and filed. Seconded by Councilman Lundh. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Planning & Zoning Commission submitting minutes of their meet- ing of February 20th, presented and read. Mayor Thoms moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Communication of Governor Ray extending an invitation to the Gov. ernor's Conference on Juvenile Justice to be held April 1 and 2 in Des Moines, presented and read. Mayor Thoms moved that the communication be received and filed and after Councilman Brady expressed a desire to at- tend the Conference the motion was amended to receive Council- man Brady's report after his re- turn. Seconded by Couneilman Lundh. carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Communication of Governor Ray "k'" . advising that the State Office for Pianning & Programming will be conducting a series of twelve reo gional meetings in March to ex- plain the Iowa Community Beiter. ment program, presented and read. Mayor Thoms moved that the communication be referred to the Council. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Brady, JusLIIlann, Lundh. Nays-None. Absent-Councilman Stackis. February 21, 1974 Honorable Allan T. Thoms Mayor of Dubuque Re: Local Flood Protection Project Stage 1, Mississippi River, Dubuque, Iowa Dear Mayor Thoms: Thank you for the letter dated February 1, 1974 that 1 received from your City Engineer, John L. White, accepting the completed Stage 1 portion of referenced proj- eet. In accordance with existing reg- ulations, Mareh I, 1974 is hereby established as the offieial date of transfer. This letter, sent to you by eertilied mail, is your formal nolice of transfer of the completed facility to the City of Dubuque for assumplion of operation and main- tenanee responsibilities as re- quired by the authorizing legisla. tion. Four copies of an "Operation and Maintenanee Manual for Com- pleted Flood Protective Works, Dubuque, Iowa," have previously been furnished to your Mr. White. However, this manual is being up- dated to inelude the total project, and eopies thereof will be fur- nished to you when eompleted. Also, you will be furnished eopies of the Stage I eontractor's aJ>- proved shop drawings as soon as all have been reeeived, from the eontraetor. This eompletes the transfer of the final porlion of the total flood proteelion projeet. I wish to ex- press the Government's appreela- lion for the exeellent cooperalion received from the City of Dubuque during the plauning and eonstrue- lion of this project. Sineerely yours, WALTER H. JOHNSON Colonel, Corps of Engineers Distriet Engineer Councilman Justmann moved that the communication be re- ceived and made a matter of ree- ord. Seconded by Couneilman r.undh. Carried by the following vote: Yeas - Mayor Thoms, Couneil- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Communication of Youth Ser- viees submitting the application of Miss Sharon Love for appoint- ment to the Board of Directors as a Youth member, presented and read. Mayor Thoms moved that the eommunicalion be referred to the Council. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Communicalion of Dubuque Hu- man Rights Commission advising that Ms. Charlie Smith has been selected as a possible candidate for appointment to the Human Rights Commission. Mayor Thoms moved that the communication be referred to the Council. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. March 1, 1974 City Council An applicalion for purchase of city land in Dubuque Municipal Industrial Park has been received by this committee from Wm. C. Brown Publishing Co., located at 2460 Kerper Blvd., Dubuque, Iowa. This local firm purchased land in the park in 1970 and con- structed a new printing plant on the property. At that lime they were interested in buying more land abutting on the east, but an easement then existed for the fu- ture right of way and construction of a rail spur into the north por- tion of the park. Plans for the rail spur have now been aban- doned due to a lack of need for rail service in the north porlion, and this opens the way for a much needed expansion of the Brown Company. It is therefore the recommen- dalion of this body that City Coun- cil take the fallowing aclion. 1. That a parcel of land eon- taining approximately four acres in Block 5, Riverfront Subdivision No.3, City of Dubuque, Iowa be sold to the Wm. C. Brown Company. 2. That this parcel of land be sold to the above firm for 40 cents per square foot, amounling to approximately $69,696.00 (of which ten per cent is hereby included as a good faith binder), and the precise amount to be deter- mined by official plat and legal description. 3. That all buildings, yards, parking lots, fences and an- cillary improvements be con- structed in conformity with city codes, ordinances and zoning. 4. That this land being pur- chased be used for the ex- pansion purposes of the Wm. C. Brown Company, and if not used for this purpose, be offered for sale first to the City of Dubuque prior to offer for public or private sale. MAYOR'S INDUSTRIAL COMMlTI'EE Allan Thoms, Mayor Wm. McEllhiney, Dock Board Robert Dorothy, Industrial Bureau Mayor Thoms moved that the communication be referred for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Ludh. Nays-None. Absent-Councilman Staekis. March 5, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provis- ions of Chapter 365 of the 1973 Code of Iowa, as amended, the Civil Service Commission eonduct- ed entrance examinations for the Police Department on September 26, 1973. The following named applicant passed both the wriiten and phys- ical examinalions and is hereby 122 Adjourned Regular Session, March 11, 1974 certified for appointment to the Police Department. Hanfelt, Carol A. 81 % Gerard B. Noonan Chairman Marvin A. VanSickle Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 8th day of March 1974. Z. D. Hantelmann Notary Public Mayor Thoms moved that the communication be received and made a matter of record. Seeonded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmaon, Lundh. Nays-None. Absent--Councilman Stackis. Communication of Northeastern Iowa Regional Library System inviting the Council to coffee on Saturday, March 16th at the Li- brary from 10 A.M. to 11:30 A.M. to discuss pending library legisla- tion, presented and read. Mayor Thoms moved that the eommuniea- lion be received and filed and copies be sent to the Councilmen. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justruann, Lundh. Nays-None. Absent-Councilman Stackis. Communication of Human Rights Commission submitting Dan White's report on minority prob- lems in Dubuque, covering "Du- huque's attitude toward slavery and the Civil War" - "Employ- ment report of the Dubuque Hu- man Rights Commission" - "Em- ployment Report Survey Dubuque Human Rights Commission" and "Housing Rep<>rt Survey", present- ed for the reeord. Mayor Thoms moved that the reports be received and filed and the Human Rights Commission be requested to dis- cuss the rep<>rts with the Council at a date to be mutually arrived at. Seeonded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. March 6, 1974 Honorable Mayor and Members of the City Council I have approved the following policy and desire to have your approval of same for filing. General Liability Policy WlIliam Spiegel, Epworth, Iowa, Grinnell Mutual Insurance Co. Policy No. GL 13-020818 to March 9, 1975. Gilbert D. Chavenelle City Manager Mayor Thoms moved filing a¡>- proval subject to approval of the City Solicitor. Seeonded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmaon, Lundh. Nays-None. Absent-Councilman Stackis. Proof of Publication, certified to by the Publisher, of Statement of receipts and Disbursements and list of claims for January 1974, presented and read. Mayor Thoms moved that the proof of pnblica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. March 7, 1974 Honorable Mayor and City Council I submit to you for your consid- eration a eopy of a December 11th letter from Mr. Robert F. Tyson, Director of the Iowa State Office for Planning and Programming- The letter stipulates that the local governments should agree in writing that the area planning of- fice be located in the City of Dubuque, that there will be a full time director and that it should be understood that there is a p<>s- sibiIity that the director may be paid from local funds. I am also enclosing a copy of Resolution No. 405-73 by which the City Council accepted the Articles of Agreement for District VITI. On the basis of this agreement I request your authorization to write to Mr. Karl Biasi and accept for the City the three condiitons set out in Mr. Tyson's letter. Respectfully, Gilbert D. Chavenelle City Manager Councilman Justmann moved ap- proval of the request. Seeonded Adjourned Regular Session, March 11, 1974 123 by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. March 8, 1974 Honorable Mayor and Members of the City Council The City of Dubuque has been a participant in the Federal Com- prehensive Planning Assistance Program since July of 1972. The program, commonly called the "701 Program" has enabled the City of Dubuque to improve its planning and management capa- billties for better executive n.an- agement decisions. Specifically, the program has developed new in- house staff expertise, eneouraged management planning on a con- tinuous basis and provided oppor- tunities to venture into new pro- gram areas. The first year, ending in June of 1973, provided a period of re- search by the human rights people on local patterns of discrimination in the traditional areas of housing, employment, etc. The first year also provided for a program plan- ner assigned to the City Manager's office to initiate the goal and ob- jective setting process at the department manager level to cap. ture and define the variety of tasks the city is engaged in to pro- vide city services. Some strength- ening of the city planner's office was also accomplished during the period. The second year of the program which wlIl end in June of 1974 saw a eontinuation of the program planner's work to further define goals and objectives and to initiate some measurement of effective- ness criteria for aetivities under- taken by the city. The work of the human rights analyst was com- pleted last winter and the final report of his undertaking, we un- derstand, will shortly be provided members of the City Council. The second year also reeognized the need to prepare for special rev- enue sharing for community de- velopment purposes. Consequently, a Community Development Special- ist was added to staff to work at the neighborhood level both for organization purposes and develops In concert with neighborhood res- idents and groups areas of vitality together with a plan of action to put together a wide variety of development objeelives responsive to community development special revenue sharing. The work of this position as well as of the program planner is adding a valuable con- tribution to the progress of the eity in meeting today's demands made of the city. Interestingly enough, negotia- tions for the 701 Program for the first two years were directly with the U. S. Department of Housing and Urbau Development. The Fed- eral government has now turned over to the State of Iowa through the Office for Planning and Pro- gramming, complete administration of the 701 Program, thus ending our direct relationship with Fed- eral government in this area. The State has administratively delegat- ed this program to the regional and metropolitan agencies, and the City of Dubuque, as well as other Iowa cities of 50,000 or more in population, now must negotia.te with these agencies. The safeguard built into this transfer of admin- istration assures the City of Du- buque wlIl receive $19,600 for the fiscal year beginning July 1, 1974- We are now in process of develop- ing the areas in which Dubuque believes it to be in its best year to proceed into next year. For next year we believe it im- perative to continue with the work of the program planner to strength- en the city's executive manage- ment capability. Seeond, it is es- sential to continue to prepare at the neighborhood level the entry of the City of Dubuque into the neighorhood improvement program with the proposed special revenue sharing fund; however, we pro- pose that the cost of the prepara- tion, starting July 1, be borne by the city until special re\'enue funds are made available to the city. This is anticipated to occur prior to January 1, 1975. Finally, we believe it is imperative and ad- visable to introduce starting in July 1975, an information services program to develop "in" and "out" techniques of getting messages out to the public as well as to get the messages back to the executive and operational management levels of city government. There are a number of reasons for proceeding in this direction. 124 Adjourned Regular Session, March 11, 1974 1. The rapidity of change re- quires more effective com- munication. 2. Increased power and impor- tance of the sensitivity and sophistication of public opin- ion. 3. Increased Interdependence of everyone. 4. Recapture of identity and community. 5. Rapid growing worlè of spe- cialized and techuical knowl- edge. 6. Inability of the staff and the media to keep up with the need to disseminate a vast amount of data. We would anticipate that this service would foster a better un- derstanding in the total commu- nity among all groups of people- those to be served as well as those who are to make the decisions for the future of this community. The current year eontribution fr 0 m the Federal government through the State, as mentioned before, is $19,600. This will be matched locally with approximate- ly $7,000 in cash and $2,800 in in-kind eontributions. This would fund the Program Planner and the Information Services Coordinator. Both positions are described in the attaehments. We would, at this time, request r:%e;P~~;:;s t°tofo~:rdD~~~q~~ I County Area Metropolitan Plan- ning Commission for inclusion in their application to the State of Iowa. It is not an.\icipated that a for- ma! contract will be tendered to the city prior to May 15, 1974. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Thoms moved approval. Seeonded by Councilman Lundh. Vote was as follows: Yeas - Mayor Thoms, Council- man Lundh. Nays--Councilman Brady, Just- mann. Absent--Councilman Stackis. Councilman Brady moved to re- fer to the Advisory Commission and have same back on the table next week. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas--Councthnen Brady, Just- mann, Lundh. Nays-Mayor Thoms. Absent--Councilman Stackis. March 8, 1974 Honorable Mayor and City Council Attached is a resolution author- izing the city manager to proceed with final plans and speclficatious for the expansion of Water Treat- ment Plant and eonstruction of the Waste Solld Removal and Han- dling Faciiities. Attached also is a letter from J. J. Hail, Water Superintendent, in whieh he outlines the require- ment for the facilities and sched- ule for eompletion. You are hereby requested to a¡>- prove the resolution authorizing the city manager to proceed with plans and specifications for these facilities. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. RESOLUTION NO. 67.74 Resolution authorizing the exe- cution of a contract wilh Hen. ningson, Durham & Richardson, Inc. for Water Treatment Facil. Ities NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Mayor and City Clerk be and they are hereby authorized to proceed with Henningson, Durham & Richard- son, Inc. of Omaha, Nebraska for Final Plans and Specifications for Water Treatment Facilities and Water Treatment, Solids Collec- tion and Disposal. Section 2. That the compensation for the work shall be paid under the terms of the agreement by and between the City of Dubuque, Iowa and said engineering firm dated December 3, 1966 including a credo it as shown on page 5, part V of paragraph B thereof until the full amount of $30,000.00 is refunded to the City of Dubuque, Iowa. Adjourned Regular Session, March 11, 1974 125 Passed, approved and adopted this 11th day of March, 1974. Allan T. Thoms Mayor Alvin E. Lundh C. Robert Justmann James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution as amended. See- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Ahsent-Councilman Stackis. March 8, 1974 Honorable MaY')r I submit to you an application to the Iowa Crime Commission for funds to operate a Police Sehool Liaison Program . The budget of the program i. $48,279.80. It involves a cash pay- ment by the city of $6,569.87 and an In-kind payment of $4,015.48 which represents a portion of the salary of a presently employed police officer. The program pro- vide. for the employment of a liaison police officer to work with the Hempstead and Senior High Schools. It also involves the re- ferral of young people through the Police Department to the Youth Scrvices organisation and is costed in the application budget at $24,- 000.00. It is planned that a con- tract will be made between the police department and the Youth Services organization and that the services will be paid for on a work- performed basis. I strongly recommend this pro- gram to you and would ask your favorable consideration of resolu- tions authorizing the payment of the cash and In-kind amounts and a resolution authorizing the N.E. Iowa Area Crime Commission to act on behalf of the city. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seeonded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. RESOLUTION NO. 68.74 BE IT RESOLVED that the City of Dubuque hereby authorizes the Northeast Iowa Area Crime Com- mission to act in its behalf in the receipt, deposit and dispersal of Federal Funds received from the Iowa Crime Commission for the purpose of carrying on the pre- scribed activity as outlined in the Program Application. The Northeast Iowa Area Crime Commission shall use said Federal Funds reeeived exclusively for this program and for no other purpose, and this unit of government shall provide complete documentation of all expenditures made by this unit of government to the Northeast Iowa Area Crime Commission as required. In lieu of such doc'lmentation or for other violations of Federal and State ruled and regulations, it is understood that all funds re- maining in the possession of the Northeast Iowa Area Crime Com- mission may, upon approval of the Commission, be returned to the Iowa Crime Commission. Signed this nth day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following ""te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. MATCHING RESOLUTION NO. 69.74 Whereas, the Oity of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 1974 cash funds for the following Iowa Crime Commission projects: Brief Description of Project 1. Liaison Officer/Coordinator & Contract Services Amount of Funds Being Provided Approxintately 13.6% of total 126 Adjourned Regular Session, March 11, 1974 project budget, not to exceed $6,569.87 We further resolve that we wilI provide in-kind mateh during the calendar year of 1974 for the fol- lowing projects: Brief Description of Project 1. Prevention: Liaison Officer! Coordinator & Contract Services Type of In.kind- (Salary, Space, etc.) Youth Bureau Commander Salary of $16,061.90 @ 25% Valuation of In.klnd Provided $4,015.48 Passed this 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adDption of the resolution. Seeonded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmanu, Lundh. Nays-None. Ahsent-Couneilman Stackis. CDmmunicatiDn Df Citizens Trans- portation CDmmittee, by R. G. Ver- non, eommenting on the proposed widening of 10th Street frDm Lo- cust to Bluff, which seems to be inadvisable, presented and read. Mayor Thoms mDved that the eom- munication be received and filed and referred to the Engineering Department. Seconded by Council- man Lundh. Carried by the fol- lowing vDte: Yeas - Mayor Thoms, CDuncil- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. Communication of City Engine", White submitting the 1974 Street prDgram for review, presented and read. Mayor Thoms moved that the eommunication be received and filed and referred tD the Council for an informal meeting to be held Dn March 26th. Seconded by Coun- cthnan Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. 1ft" Absent-Councilman Stackis Notice of Expiration of right of redemption on the S'h Df Lot 162 in East Dubuque Addn. to expire within 90 days, prDperty sold for delinquent taxes from 1945 to 1969, presented and read. Mayor Thoms moved that the notice be referred to the City Attorney for investiga- tion and report. Seeonded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. March 5, 1974 Honorable Mayor and City Council On February 1, 1974, Cynthia A. Kahle of 1077',2 Mt. Loretta filed elaim against the City of Dubuque in the estimated amounts of $117.26 and $106.15, and alleg- ing damages to her motor vehiele occurring on January 11, 1974, as a result of striking a hole in the street on West 32nd Street at a point near Fink Street. This matter was referred to the City Attorney who has made an investigation thereof and has checked with the Street Depart- ment, and claimant has offered to settle said claim in the amount of $106.00. In view of the forego- ing, it is the recommendation of the City Attorney that said offer of settlement be accepted, and that the City Auditor be instructed to draw warrant payable to Cynthia A. Kahle and Richard Kahle in the amount of $106.00, .and 'to trans- mit the same to the City Attorney for delivery upon receipt of duly executed releases. Original claim is returned here- with. R. N. RussD City Attorney Mayor Thoms moved approval of the recommendation. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Ahsent--Councilman Staekis. February 25, 1974 Honorable Mayor City Council On January 15, 1974, Cottingham & Butler, Inc. Insurance filed no- tice of claim against the City on behaJi of Kopple's Ine. claiming that the vehicle of their insured Adjourned Regular Session, March 11, 1974 127 was struck on January 11, 1974, by a City owned motor vehicle then and 'there operated by a City employee. This matter was referred to the appropriate City agency for inves- ti-gation and this office has been advised by them that said claim has been amicably dis'posed of. Accordingly it is the reeommen- elation of the City Attorney that this claim be denied. Original no- tice of claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved approval of the recommendation. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None- Absent-Councilman Stackis. Notice of Petition for Injunction from taking any action incidental to the Implementation of gift to Ecumenical Housing Inc. In the amount of $100,000, presented and read. Mayor Thoms moved that the notice be received and filed. Seeonded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Ahsent-Couneilman Stackis. Notice of a personal injury claim of Mrs. Mary Jane Kelly, in an undetermined amount, as the re- sult of a fall at a bus stop at 4th and Main on January 28, 1974, presented and read. Mayor ThDms moved that the notice of claim be referred to the City Attorney for Investigation and report. Seconded by Councilman Lundh. Carried by the following vDte: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Notice of personal injury claim of John L. Carr, in the amount of $5000 as the result of a fall on an icy sidewalk at 1398 Jackson St. on February 11, 1974, pre- sented and read. Mayor Thoms moved that the notice of claim be referred to the City Attorney for investigation and report. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackls. Notice of expense claim of Chris- tine Wilson in the amount of $6.00 for wrecker charges incurred as the result of her car sinking into the paving along the curb at 1447 HilIcrest on March 6, 1974, pre- sented and read. Mayor Thoms moved that the - notice of claim be referred to the City Attorney for investigation and report. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend Zoning Ordi- nance ND. 3-34, known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by changing from Single Family Resi- dence District classificatiDn to Multiple Residence District Classi- fication all of Old Timers Athletic & Supper Club Place except the Nly 180' thereof, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Petition of Carolyn CDßry et al, 30 signatures, objecting to the re- zoning of the Old Timers Athletic & Supper Club Place, for various reasons, presented and read. Ma- yor Thoms moved that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vDte: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. AN ORDINANCE Amending and Changing Ordinance No. 3-34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from Single Family Resi- dence District Classification to Multiple Residence District Classi- fication, said Ordinance having been previously presented and read at the Council meeting of 128 Adjourned Regular Session, March 11, 1974 February 4, 1974, presented for final adoption. Councilman Justmann moved that adoption of the Ordinance he denied. Seconded by Councilman Brady. Vote on the motion was as folIows: Yeas - Councilmen Brady, Just- mann. Nays-Mayor Thoms, Council- man Lundh. Absent-Councilman Stackis. Mayor Thoms moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Attorney Leo McCarthy ad- dressed the Council in behalf of Art Pins, by requesting that the hearing be set over to another date. Mr. Carl Lemmer and Caro- lyn Conry both objected to the proposed rezoning. Mayor Thoms moved that the rezoning matter be referred to Planning & Zoning and set for a rehearing. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. COUNCIL RECESSED AT 10:35 P.M. RECONVENED AT 10:45 P.M. AN ORDINANCE Vacating a dedicated walkway located be- tween Lot 1 of 7 and Lot 2 of 6 of the Dubuque Homes Subdivi- sion No.2 in the City of Dubuque, Iowa, presented and read. Councilman Justmann moved that the reading just had he 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. Nays-None. Absent--Councilman Stackis. Councilman Justmann moved that the rule requIring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Couneilman Stackis. Councilman Justmann moved that a public hearing be held on the Ordinance on April 15, 1974 at 7:30 o'clock P.M. in the Coun: cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner reqnired by law. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. kbsent-Councilman Stackis. March 7, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition o! Mr. Thomas Manternach and Sons for Local Business "B" District classification on a portion of their property known as Terrace Heights Subdivision, in the City of Du- buque, Iowa. This property is pres- ently in the Multiple Residence District, and is described accord- ing to the attached reclassification Ordinance and zoning plat. The Plauning and Zoning Com- mission has determined that the area described on the attached Or- dinance is an appropriate location for commercial development in the Peru Road-Stonehill area. It was also detennined that the com- mercial use of the property would serve the needs of a growing resi- dential population in the vicinity and would not generate traffic movements which were unantici- pated in our Transportation Plan. It is the recommendation of the Planning and Zoning Commission that the petition be approved ac- cording to the terms and specifi- cations of the attached reclassifi- cation Ordinance. CITY pLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the communication be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. 129 Adjourned Regular Session, March 11, 1974 AN ORDINANCE Amending and Changing Ordinance No. 3-34, known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from Multiple Residence District Classification to Local Business B District Classification, (Manternach-Peru Road property), presented and read. Councilman Juslmann moved that the reading just had be eon- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. A!hsent-Councilman Stackis. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Councilman Justmann moved that a public hearing be held on the Ordinance on April 15, 1974 at 7:30 o'clock P.M. in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner reqnired by law. Seconded by Mayor Thoms. Car. ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. ORDINANCE NO. 16-74 Placing tho Reed Property un- der control and management of the Park Board and be he...... after named as "The E. B. Lyons Forest Pr_rve and Nature Cen- ter" presented and read. Councilman Brady moved that the reading just had be consid- ered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried 'by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. Councilman Brady moved that the rule reqniring an Ordinance to be read on three separate days be waived. Seeonded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. ORDINANCE NO 16-74 WHEREAS, th, City of Duhuquo, low" h" "quitod th, followiog d""ibod ",I ""'" Lou 2 ,ud J of th, Notth",t '4 of th, South",t ¥4 of Section I. Town- ,hip 88 Notth, R,og' 2 E"t of Jth P.M., Lou 2 ,ad J of th, Nonhw", Qu,,", of th, Sonthw"t ¥4, Lo" 2 ad J of th, No,th",t ¥4 of th, Southw"t ¥4, ad Lot 2 of Lot t of th, Southw"t ¥4 of th, Southw"t ¥4, of Smion 6, Towmhip S8 Notth, R.uS' J E", of th, 5th P.M. in Dn- buqn, County, low" ,ceo<dins to th, t"!"ctiY< mo,d,d PI", th",of; ,ad WHEREAS, "id ",I """ w" 'c- qui"d, ,ad p'¡d fot in pm by th, E. B. Lyon, T,o" fo, p"k pU'po'", 'ad WHEREAS, "id ",I """ ,honld b, und" th, conteol ,ad ju",diction of th, P"k Baud of th, City of Dnbuqu" low" ,ad WHEREAS, "id p"k ptOP"'y ,hould b, o'm,d " "Th, E. B. Lyom Fo"'t P,,- "'Y< ,ad N"u" C'n""'; NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" th, ",I """ h",- in,boy< d"ctib,d b, ,ud th, "m, i, h",- by p!.cod und" th, conttol of th, juti,- diction ,ad m,n'g'm'nt of tb, P"k Bo"d of th, City of Dubnqu" low,. SECTION 2. Th" "id ",I """ h",- in,buy< d""ib,d b, >ad th, "m' ,h,ll h""f", b, known 'ad c,ll,d ,ad n,m,d " "Th, E. B. Lyom Fo"" P""tv< ,ad N,tn" C,n"," ,ad ,cco,dinsly "id ",1 """ i, '0 p"m,nontly n'm,d. SECTION J. Th" th, Ci,y CI"k b, 'ad h, i, h",by ,utho,i"d ,ad dim"d to "nd , c",ifi,d copy of thi, O,dimn" to th, P"k Boud of the City of Du- buqu" low, ,ad , c",ifi,d tory to the Fi", N"ion,1 B'nk of Duhnqu" low,. T'um, uud" th, T,u" of E. B. Lyon' E"",. P""d, 'pptOY<d ,ad ,dop"d thi, I 1<h d,y of Mmh, 1974. All,n T. Thorn' M,yo, C. Roh", Juttm'nn Alvin E. Luudh J,m" E. Budy City Coundlm'n ATTEST, L,o F. FtOmm,lt City CI"k 130 Adjourned Regular Session, March 11, 1974 Publi,h,d offi,i,lIy in th, Td,.u.h Hm!d N,w,p'p" thi, 15th d,y of Mmh, 1974. L,o F. Fmmm,!t City Cl"k !L 3-15. Councilman Brady moved final adoption of the Ordinance. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Conncilman Stackis. Petition of Dean Fransen re- questing to be heard at this meet- ing relative to the installation of stop lights at Hempstead High School, presented and read. Mr. Dean Fransen and Joe Mul- grew, students at Hempstead, ad- dressed the Council relative to the situation at Hempstead. Councilman Justmann moved that the petition be received and filed and referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Petition of Kennedy Construc- tiou Co. requesting rezoning of Lot 1 of 1 of I of 1 in Olds Place and Lot 1 of 1 of 1 of 1 of 1 of M. L. 343, located south of Kane Street and east of Grandview from Single Family to Multiple Residence Dis- trict Classification, presented and read. Councilman Justmann moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Petition of Director of Recrea- tion, Richard Slattery, requesting permission to address the Couneil to explain step four, evaluation and feedback, in Operation Move, presented and read. Mayor Thoms moved that the petition be re- ferred to the Council. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Petition of Terry Mealy request- ing a refund of $25 on the unex- pired portion of cigarette license No. 194, as he has discontinued business on 1-15-74, presented and read. Mayor Thoms moved that the refund be granted and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Petition of James N. Majerus re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 119, as he has discon- tinued business on 2-27-74, pre- sented and read. Mayor Thoms moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seeonded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of Neces- sity for public improvements and hearing on proposed plans for con- struction of Century Drive an6 Bles Drive Sanitary sewer. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. Statement of City Clerk certify- ing that notices were mailed by certified mail on February 15, 1974 to property owners of record subject to pay for cost of con- struction of Century Drive & Bies Drive sanitary sewer, presented and read. Mayor Thoms moved that the statement be received and filed, Seconded by Councilman Brady. Carried -by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh. Nays-None. Absent--Councilman Stackis. Adjourned Regular Session, March 11, 1974 131 March 7, 1974 To the Honorable Mayor and City Council Be: Century Drive-Bies Drive Sanitary Sewer The proposed project to con- struct a new sanitary sewer in the area of Century Drive and Bies Drive was submitted to Couucil on February 11, 1974 and a Public Searing on the project set for March 11, 1974. The program is to be completed on a special as- sessment basis under Section 391 of the Iowa Code. During the interim period we háve become aware of certain le- gal - technical problems which eould possibly jeopardize the levy- ing of the final assessments on the project. We respectfully request the project be returned to our depart- ment at this time for further re- view. After completion of this re- view, the program will be resub- mitted to Council and a new Pub- lic Hearing date established with- in the next sixty days. John L. White, P.E. City Engineer Councilman Justmann moved approval of the request. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, LUDdh. Nays-None. Absent-Councilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of time and place of hearing to dis- pose of Lot 2 of the Sub. of Lot 2 of 2 of 2 of 1 of Block 5 and Lot2ofLotAof20f20fI of Block 5 in River Front Sub. No.3 to American Optieal Corpo- ration, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. RESOLUTION NO. 70-74 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing published In the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on Feb- ruary 15, 1974 and February 22, 1974, City Council of City of Du- buque, Iowa met on the 11th day of March, 1974, at 7:30 o'clock P.M. (Central Daylight Savings Time) in the City Council Chambers, City Hall, Dubuque, Iowa to eonsider proposal to dispose of interest of the City of Dubuque, Iowa in real estate, hereinafter described, to American Optical Corporation; and WHEREAS, City Council of City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of in- terest of City of Dubuqne, Iowa in the hereinafter described real estate to American Optical Cor- poration: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the disposal of interest of City of Dubuque, Iowa in the following described real es- tate, to-wit: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No.3" and Lot 2 of Lot "A" of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No. 3" all in the City of Dubuque, Iowa to American Optical Corporation for the purchase price' of Ten Thousand Eight Hundred Ninety ($10,890.00) DGllars be and the same is hereby approved, subject to the following terms and condi- tions: 1. That the said real estate be sold to American Optical Cor- poration for the construction and erection thereon of a new building containing at least 10,000 square feet. 2. That the sale price for said real estate shall be Ten Thou- sand Eight Hundred Ninety ($10,890.00) Dollars and the receipt of ten (10%) percent of which as down payment is herewith acknowledged by the City. 3. That eonstruetion of said building shall be commenced within one (1) year of adop- tion and the passage of this 132 Adjourned Regular Session, March 11, 1974 Resolution and shall be com- 'I pleted within two (2) years of delivery of deed and upon failure so to do of failure to make improvements to the land within one (1) year by the American Optical Cor- poration, purchaser, then said real estate shall automatical- ly revert to the City of Du- buque, Iowa and purchase price, less damages, shall be refnnded to the purchaser. 4. That the eonstruction of all buildings, yards, parking lots, fences and ancillary improve- ments shalI be constructed in conformance with existing City codes, and manufactur- ing process carried out in aceord with City ordinances. 5. That the City of Dubuque, Iowa retains a perpetual ease- ment for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities, together with right of ingress and egress to re- pair, inspect and maintain the same. 6. That all utilities and services to proposed bulldtogs shall be connected at buyer's ex- pense. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance conveying the above described real estate to American Optical Corporation upon receipt of the purchase price of $10,890.00. 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 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Æhsent--Councilman Stackis. March 7, 1974 Honorable Mayor and city Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of "A. H. Oeth Subdivision #4" in the City of Dubuque, Iowa. The Commission has determined that the plat is in eonformance with the approved preliminary plat of the area and meets the min- imum standards of the Zoning and Subdivision Ordinanees. It is the reeommendation of the Planning and Zoning Commission that the plat be approved. CITY pLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the communication be re- ceived and filed. Seconded by May- or Thoms. Carried by .the folIow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. RESOLUTION NO. 71.74 Resolution approving the plat of "A. H. Oeth Subdivision No.4" In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "A. H. Oeth Subdivision No.4" in the City of Dubuque, Iowa, by Arthur H. Oeth and Robert J. Kehl; and WHEREAS, upon said plat ap- pear streets to be known as KeW Court, together with certain pub- lic utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same eonforms to statutes and ocdinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the dedication of KeW Court together with the Adjourned Regular Session, March 11, 1974 133 --ents for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That ,the plat of "A. H. Oeth Subdivision No.4" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque, Iowa, upon said plat, pro- vided the owners of said property herein named, execute their writ- ten acceptance hereto attached agreeing: a. To reduce all streets to grade and to eonstrnct concrete curb and gutter and to hard surface KeW Court with bi- tuminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service lat- erals in aceordance with plans submitted with the plat; c. To install water mains and water service laterals in aceordance with plans sub- mitted with the plat; d. To install storm sewers and catchbasins in aceordance with plans submitted with the plat; e. To install eoncrete sidewalks as required by Ordinances, and where direeted by the City Engineer and the City Manager; f. To construct the foregoing improvements in accordance with plans and specifications approved by ,the City Man- ager, under the inspection of the City Engineer, and in a manner approved by tbe City Manager; g. To maintain the foregoing improvements for a period of four (4) years from the date of their aceeptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the solo expense of the Sub- divider, Ar,thur H. Oeth and Robert J. KeW, as owner; i. To eonstruct said improve- ments, except sidewalks, pri- or to March 1, 1976, and to eonstruct the sidewalks prior to March 1, 1978; j. To inatall a street light stand. ard and base at the westerly end of Kehl Court in eon- formity with current Oity Electrical Department specifi- cations. and further provided that said Arthur H. Oeth and Robert J. KeW, as owner of said Subdivision, se- cure the performance of the fore- going eonditions by providing se- curity in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Ar- thur H. Oeth and Robert J. KeW, shall fail to execute the acceptance and furnish ,the security provided for in Section 2 hereof within 45 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the accept- ance of the dedication and ap- proval of the plat &hall not be effective. PASSED, ADOPTED AND AP. PROVED by unanimous recorded roll calI this 11th day of March, A.D., 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt Clty Clerk ACCEPTANCE OF RESOLUTION NO. 71-74 We, the undersigued Arthur H. Oeth and Robert J. Kehl having read the terms and conditions of the foregoing Resolution No. 71-74 and being familiar with the eondi- tions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 12th day of March, 1974 Isl Arthur H. Oeth Arthur H. Oeth Isl Robert J. Kehl Robert J. KeW TO: LEO F. FROMMELT CITY CLERK. This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 71-74 has been furnished by the owners. Dated at Dubuque, Iowa, this 23rd day of April 1974. Isl Gilbert D. Chavenelle City Manager 134 Adjourned Regular Session, March 11, 1974 Councthnan Justmann moved adoption of the resolutiou. Second- ed by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, council-I men Brady, Justmann, Lundh. Nays-None. ' Absent-Councthnan Stackis. March 7, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Block 8-A, Block 9-A, Block IO-A, and Lots C and D of Block 12, each In "Key Knolls Subdivision" in the City of Dubuque, Iowa. The Commission has determined that the final plat is in conform- ance with the approved prelim- inary plat of this area, and is in rompliance wi th all minimum standards of the Zoning and Sub- division Ordinances. It is the rec- ommendation of the Planning and Zoning Commission that youap- prove this plat. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Justmann moved that the communication be re- ceived and filed. Seconded by May- or Thoms. Carried by tbe follow. ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmaun, Lundh. Nays-None. Absent - Councilman Stackis. RESOLUTION NO. 72.74 Resolution approving the plat of Blocks 8-A, 9.A, 100A and Lot C and D, Block 12, each in "Key Knolls Subdivision in tha City of Dubuque, Iowa WHEREAS, there has been filed with tbe City Clerk a plat of the Subdivision to be known as Blocks 8-A, 9-A, la-A and Lots C and D, Block 12, each in "Key Knolls Sub- division" in the City of Dubuque, Iowa, by Hillcrest Builders, Inc.; and WHEREAS, upon said plat a¡>- pear streets to be known as Hansel Drive, Vizalea Drive and Keystoue Drive, together with certain public utility easements which the Own- ers by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been establlshed, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the dedications of Hansel Drive, Vizaleea Drive and Keystone Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Blocks 8-A, 9-A, la-A and Lots C aud D, Block 12, each in "Key KnoUs Sub- division" In the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property berein named, ex- ecute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete eurb and gutter and to hard surface Hansel Drive, Viz- aleea Drive and Keystoue Drive with bituminous con- crete, or with eoncrete pav- ing with integral curb, all in accordance with City of Du- buque standard specifica- . tions; b. To instaU sanitary sewer mains and sewer service lat- erals in accordance with plans submitted with the plat; c. To instaU water mains and water service laterals in ac. eordance with plans submit- ted with the plat; d. To instaU storm sewers and catchbasins in accordance with plans submitted with the plat; e. To instaU concrete sidewalks as required by Ordinances, and wbere directed by the City Engineer and the City Manager; f. To eonstruet the foregoing improvements in accordauce with plans and specifications approved by the City Man- ager, under the inspection of 135 Adjourned Regular Session, March 11, 1974 the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Sub- divider, Hillcrest Builders, Inc., as owner; i. To construct said improve- ments, except sidewalks, pri- or to February 1, 1976, and to eonstruct the sidewalks prior to February 1, 1978; and further provided that said Hillcrest Builders, Inc., as owner of said Subdivision, secure the per- formance of the foregoing condi- tions hy providing security in such form and with such sureties as may be acceptable to the City Man- ager. Section 3. That in the event Hill- crest Builders, Inc., shall fail to execute the acceptance and furnish the security provided for in Sec- tion 2 hereof within 45 days after the date of this Resolution, the provisions hereof shan be null and void and ,the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 11th day of March, A.D., 1974. TO: LEO F. FROMMELT CITY CLERK. This is to certify that the se- curity provided by the foregoing RESOLUTION NO. 72-74 has been furnished by the owners. Dated at Dubuque, Iowa, this 23th day of March, 1974. Isl Gilbel't D. Chavenelle City Manager Councilman Justmann moved adoption of the resolution. See- onded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Abse,nt-Councilman Stackis. An Application and resolution erlending the Territorial limits of the City to include Waechter Place in Center Grove in Dubuque Twp. (Key City Investment Co.) present- ed and read. Mayor Thoms moved that the application be referred to the Engineering Department and the Planning & Zoning Commis- sion. Seconded by Councilman Justmann. Carried by the follow- ing vc>te: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackls. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider a pro- posed Urban Renewal plan ehange in the Downtown Urban Renewal area, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councthnan Lundh. Carried by the following vote: Yeas - Mayor Thoms, CouncH- men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. Communication of Livesey En- terprises (Stampfer property) show- ing an interest in the prospects of multiple family residential use in the downtown area, presented and read. Mayor Thoms moved that the eommunication be received and filed. Seconded by Councilman Justmann. Carried by the foUow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh C. Robert Justmann Attest: Councilmen Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 72.74 We, the undersigned Blanche A. Hansel and Richard V. Hansel hav- ing read the terms and conditions of the foregoing Resolution No. 72-74 and heing familiar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 27th day of March, 1974, Hillcrest Builders, Inc. By: Isl Blanche A. Hansel Treasurer By: Isl Richard V. Hansel Secretary 136 Adjourned Regular Session, March 11, 1974 January 2, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoniug Commission has con- sidered a proposal to amend the Urhau Renewal Plan for the Down- town Urban Renewal Project, Iowa R-I5, to allow multiple-family res- idential use as an additional laud use over and above first floor per- mitted uses in structures in Block 12, Block 13, Block 17 and Block 18 in Redevelopment Area II. The Commission has determined that such additional permitted land use is in accordance with the in- tent of the general plan for the development of City of Dubuque and would eonform 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 PLANNING AND ZONING COMMISSION Daniel Dittemore Devel<>pment Planner Mayor Thoms moved that the eommunicatiou be received aud filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. 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 Project, Iowa R-I5, eonformed to the gen- eral plan for the development <>f the City of Dubuque, Iowa, as a whole; and WHEREAS, it is proposed that the said Urban Renewal Plan be 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 THE DU- BUQUE PLANNING AND ZONING COMMISSION: Section 1. That it is hereby found aud determined that the Urban Renewal Plan, as amended, for the Downtown Urban Renewal Project, Iowa R-I5, permitting multiple family residence as an additional land use over and above first floor permitted uses in structures for Redevelopment Area 5, does con- form to the general plan for the development of the City of Du- buque, Iowa as a whole. Section 2. That it is hereby found and determined that multiple fam- ily residence as an additional land use in Redevelopment Area 5 does conform to the present and pro- posed zoning ordinances for the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of December, 1973. Frank J. Glab Secretary RESOLUTION NO. 73.74 Approving a change to the Ur- ban Renewal Plan for the Down- town Urban Renewal Project, Iowa R.15 WHEREAS, under the provisions of Title I of the Housing Aot of 1949, as amended, the United States Department of Housing and Urban Development and the City of Dubuque, Iowa, pursuant to a Loan and Capital Grant Contract, Contract No. Iowa R-15 (LG), are undertalring and carrying out the Downtown Urban Renewal Project, Iowa R-I5 (herein call "Project"); and, WHEREAS, under date of May 18, 1967, the City Council <>f the City of Dubuque, based upon de- tailed studies, supplementary ma- terial and data and recommenda. tions, duly reviewed and adopted Resoluti<>n No. 123-67 approving an Urban Renewal Plan (herein caIled "Plan") for the Project; and, WHEREAS, the Plan prescribed among other things certain land uses for the various redevelopment areas delineated in the Plan; and WHEREAS, it is proposed that multiple family residential use as an additional land use over and above first floor permitted uses be permitted In Redevelopmeut Area 2 except in that portion of Redevelopment Area 2 situated east of former Main Street and north of former 7th Street; and Adjourned Regular Session, March 11, 1974 137 WHEREAS, the Dubuque Plan- ning and Zoning Commission has found that said multiple family residential use as an additional land use over and above first floor permitted uses is an appropriate use in the Central Business Dis- trict; and further that the said use for the specific area, Rede- velopment Are'a 2 except for that portion of Redevelopmeut Area 2 situated east of former Main Street and north of former 7,th Street, would be consistent with the gen- eral plan for the development of the City of Dubuque as a whole; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is hereby found and determined, after a duly conducted public hearing, that the Plan Change to the Urban Reuewal Plan, herebefore amended and adopted, for the Downtown Urban Renewal Project, Iowa R-I5, per- mitting multiple family residential use as an additional land use over and above first floor permitted uses for that area of the Project designated as Redevelopment Area 2, except for that portion of said Redevelopment Area 2 situated east of former Main Street and north of former 7th Street, legaIly described as Blocks 12, 13, 17 and 18 in Dubuque Downtown Plaza, is in the best interest of said Proj- ect and City of Dubuque; and fur- ther that the Plan Change eon- forms to the general plan for the development of the City of Du- buque, as a whole. Section 2. That the Plan Chauge to the Urban Renewal Plan as set forth in Section 1 hereinabove. having been duly reveiwed and considered, is hereby approved, and the City Clerk be and he is directed to file a eopy of the said Plan Change with the minutes of this meeting. Passed, approved, and adopted this 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: 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. Nays-None. Absent--Councilman Stackis. Communicatiou of Maurice J. Renier suggesting that proposed aparlment buildings for the Urban Renewal area should provide for parking of at least one or prefer- ably two spaces per apartment. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the foIlowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. RESOLUTION NO. 74-74 Authorizing the execution of lease extensions for Suites 100B and 411 in the Fischer Building WHEREAS, ,the City of Dubuque leases from the Fischer Realty Company, Suites 10-B and 411 in the Fischer Building to house the Departments of Housing and Re- development and Planning and Zoning; and WHEREAS, both leases have ex- pired and it is deemed advisable to enter into extensions of both leases upon the same terms and conditions of the original leases subject to a modification to per- mit the City of Dubuque to cancel the leases upon ninety days' ad- vance notice in the event either or both of the deparlments move into other pr<>perty owned by the City of Dubuque; and WHEREAS, the leases provide among other things a standard clause that permits either lease to be canceIled by either party at the end of each year by pro- viding ninety days' advauce no- tice; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Man- ager be and he is hereby author- ised and directed to enter into an extension of the following leases with the Fischer Realty Company for certain office space in the Fischer Building. Department of Housing and Redevelopment Lease dated February 28, 1969 138 Adjourned Regular Session, March 11, 1974 Suite IO-B - $175.00 per month Planning and Zoning Depart- ment Lease dated June 20, 1973 Suite 411 - $330.00 per month Passed, approved and adopted this 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seeonded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justroann, Lundh. Nays-None. Absent-Couneilman Stackis. RESOLUTION NO. 76-74 Authorizing the execution of a contract wilh Iowa Appraisal and Research Corporal ion for aRe. use Appraisal for the Downtown Urban Renewal Project, Iowa R.1S WHEREAS, under date of July 26, 1967, the City of Dubuque aud the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project; and WHEREAS, under date of June 19, 1969, the Iowa Appraisal and Research Corporation provided an appraisal of the reuse value of the sites to be cleared and made avail- able for redevelopment; and WHEREAS, tbe values as estab- lished by the appraisal and eon- curred-in by the United States De- parlment of Housing and Urban Development have provided the basis under which land in the Ur- ban Renewal Project Area has been marketed for redevelopment; and WHEREAS, the United States Department of Housing and Urban Development has requested that due to the lapse of time and mar- ket changes that the value for the parcels yet to be marketed be re- viewed and the values adjusted if necessary; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Man- ager be and he is hereby author- ized and directed to enter into a eontract with the Iowa Appraisal and Research Corporation for the purpose of updating the second reuse appraisal for the Downtown Urban Renewal Project at a cost not to exceed $2,700.00. Passed, approved, and adopted this 11th day of March, 1974. Allan T. Thoms Mayor C. R<>bert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justroann, Lundh. Nays-None. Absent-Councthnan Stackis. RESOLUTION NO. 75-74 Authorizing the execution of a conlract with Iowa Appraisal and Research Corporation for a Spe- cial Appraisal of tha Orpheum Theatre for the Downtown Ur. ban Renewal Project, Iowa R.15 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; and WHEREAS, under date of June 5, 1968, the Iowa Appraisal and Research Corporation provided an acquisition appraisal which formed the basis under which the City purchased the Orpheum Theatre; and WHEREAS, it is proposed that the Orpheum Theatre be purchased by and restored and/or renovated by the Five Flags Center Fund; and WHEREAS, it is necessary to establish an "as if" value of the Orpheum Theatre for the purpose of transferring title of the prop- erty to the Five Flags Center Fund; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Adjourned Regular Session, March 11, 1974 139 Section 1. That the City Man- ager be and he is hereby author- iZed and directed to euter into a contract with the Iowa Appraisal and Research Corporation for the purpose of preparing an "as if" appraisal of the Orpheum Theatre at a eost not to exceed $900.00. Passed, approved, and adopted Ibis 11th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seeonded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh. Nays-None. Absent-Councilman Stackis. RESOLUTION NO. 77.74 RESOLUTION Approving plat of Lot 1 of Lot 2 of Lot 2 of Lot 1, Block 5, River Front Sub. No.3, in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Lot 2 of Lot 2 of Lot 1, Block 5, "River Front Sub- division No.3" in the City of Dubuque, Iowa. is platted as Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 1, Block 5 "River Front Subdivision No.3" and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot I, Block 5 "River Front Subdivision No.3" aU in the City of Dubuque, Iowa. WHEREAS said plat has been examined by the City Council and they find the same eonforms to the Statues and Ordinances relat- ing thereto: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and direeted to endorse the approval of the City upon said plat. Passed, adopted and approved this 11th day of March 1974. Allan T. Thoms Mayor James E. Brady C. Robert Juslmann Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Juslmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the foUowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. RESOLUTION NO. 78-74 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMlTI'EE, com- posed of Joseph J. Bitter, then Mayor, William McEUhiney, Chair- man of the Dock Board, and Rob- ert E. Dorothy, Manager of Du- buque Industrial Bureau, recom- mended on August 6, 1973 to the City Council of the City of Du- buque, Iowa that the appllcation to purchase certain city-owned real estate by Iowa Coacbes Ineor- porated for the purpose of erecting a building thereon to provide stor- age for buses, maintenauce shops and office space be approved, and thereafter on the 11th day of March, 1974, said recommendation was concurred in by AUan Thoms, Mayor of the City of Dubuque, Iowa; and WHEREAS, City Council of the City of Dubuque, Iowa has exam- ined said application and said rec- ommendation by the MAYOR'S IN- DUSTRIAL COMMITTEE and find that the sale of said real estate should be approved; and WHEREAS, said real estate sought to be purchased by Iowa Coaches Incorporated is described and known as: Lot 2 of the Subdivision of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No.3" in the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: 5eclion 1. That the application of Iowa Coaches Incorporated to purchase a parcel of city-owned Adjourned Regular Session, March 11, 1974 6. That all utilities and services to proposed buildiugs shall be eonnected at buyer's ex- pense. That eonveyance shaH be by Quit Claim Deed and the City of Dubuque will fur. nish abstract of title. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by la.w required. Passed, approved and adopted this 11th day of March, 1974. Allan T. Thoms Mayor Alvin E. Lundh James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Councilman Juslmann moved adoption of the resolution aud that a public hearing be held on April 22nd, 1974. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. RESOLUTION NO. 79-74 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the eompliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Joseph Richard Lenger, dba Grand- view Drug Co., 486 North Grand- view William John White, dba Hillcrest I.G.A. Foodliner, 1993 Asbury Street Passed, adopted and approved this 11th day of March 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F, Frommelt City Clerk 140 real estate in the City of Dubuque, Iowa which real estate is described and known as: Lot 2 of the Subdivision of Lot 1 of Lot 2 ofLot20fLot 1 of Block 5 of "River Front Subdivision No.3" in the City of Dubuque, Iowa be and the same is hereby ap- proved upon the following terms and eonditions: 1. That the said real estate be sold to Iowa Coaches Incor- porated for the eonstruction and erection thereon of a new building to provide stor- age for buses, maintenance shops and office space. 2. That the sale price for said real estate shall be Forty Cents ($.40) per square foot, said purchase price shall include installation of water, sani- tary and storm sewer lines and street improvements, said improvements shall be in- stalled and eompleted on or before 142 days from date hereof. 3. That construction of said building shall be eommenced within eighteen (18) months of adoption and the passage of this Resolution and shaH be eompleted within thirty (30) months of delivery of deed and upon failure so to do or failure to make im- provements to the land with- in eighteen (18) months by Iowa Coaches Incorporated, purchaser, then said real es- tate shall automatically re- vert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded ,to the purchaser. 4. That the construction of all huildings, yards, parking lots, fences and ancillary improve- ments shall be eonstructed in conformance with existing City codes, and manufactur- ing process carried out in aceord with City ordinances. 5. That the City of Dubuque, Iowa retains a perpetual ease. ment for existing waterlines, existing sanitary sewer and storm seWer lines and for utilities, together with right of ingress and egress to re- pair, inspect and maintain the same. '.""" ~ Adjourned Regular Session, March 11, 1974 141 Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh. Nays-None. Absent--Councilman Stackis. RESOLUTION NO. 80.74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the apprc>val of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were mspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Joseph Richard Lenger, dba Grand- view Drug Co., 486 N. Grandview William John White, dba Hillcrest I.G.A. Foodliner, 1993 Asbury Road Passed, adopted and approved this nth day of March 1974. Allan T. Thoms Mayor C. Robert Juslmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seeonded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent--Councilman Stackis. RESOLUTION NO. 81.74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be a¡>- proved and licenses issued upon the eompliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kathleen L. Wedig, "Kay's Tap", 1399 Jackson Street Carl N. Brant, A & B Tavern, 2600 Central Avenue John P. Page, Julien Motor Inn, 200 Main Street Passed, adopted and approved this 11th day of March 1974, Allan T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried ,by the fol- lowing vl>te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Slackis. RESOLUTION NO. 82.74 WHEREAS, applications for liq- uor Licenses were filed by the within named applieants 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 the City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named a¡>- plieants a Liquor Lleense. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kathleen L. Wedig, "Kay's Tap", 1399 Jackson Street Carl N. Brant, A & B Tavern, 2600 Central Avenue John P. Page, Julien Motor Inn, 200 Main Street Passed, adopted and approved this 11th day of March 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk 142 Adjourned Regular Session, March 11, 1974 Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. Communication of Roc k for d Area Chamber of Commerce ad- vising of a meeting to be held I in Chicago on Thursday, March 21, 1974 for an informal evalua- tion meeting with the 1 C. Gulf and Amtrak representatives, to discuss running time for the Black- hawk, timetable changes, reliabil- ity of schedules, additioual serv- ice, changes in equipment etc., presented and read. Mayor Thoms moved that the communication be received and filed. Seeonded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh- Nays-None. Absent--Couneihnan Stadds. There being no further business Mayor Thoms moved to adjourn. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Staeltis. Leo F. Frommelt City Clerk A¡1proVed -------_..._---...___-J974 Adapted --------...-----------..--___....1974 Councilmen .............oom......'" Attest """ëi¡ÿ"'ëi~;k Special Session, March 18, 1974 143 Ii CITY COUNCIL , (OFFICIAL) Special Session, March 18, 1974. Council met at 7:30 P.M. (C.D.T.) Pro..nt-Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Clavenolle. Mayor Thoms read the call and elated that service thereof had been duly made and this meeting 10 called for the purpose of CON. SIDERING ADOPTION OF AN ORDINANCE VACATING A POR- TION OF "VACATED PROSPECT STREET" AND THE SALE THERE. OF, and aciing upon sueh other husiness as may properly come before a regular meeting of the Council. Communication of Federal Ener- gy Office addressed to Governor !laY advising that Mayor Allan Thoms will represent the State of Iowa to assist In the Energy Crisis, presented and read. Councilman Brady moved that the eommunica- lion be received and filed. Second- ed by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None- Councilman Justmann moved ap. proval of the appointment. Sec- onded by Councilman Brady- Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Park Binard, Administrative Assistant to Sen- ator Hughes, expressing apprecia- tion In meeting the group from Dubuque on their recent visit to Washington, presented and read. Councilman Justmann moved that the eommunication be received and filed- Seeonded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Iowa State HIghway Commission advising that the eorridor public hearing on lo- cation of Freeway 520 in Delaware and Dubuque Counties will be held in Epworth on April 18th, presented and read. Councilman Stackis moved that the communica- tion be referred to the Engineer- ing Department and the Planning & Zoning Commission. Seconded by Councilman Lundh- Carried by the following vote: Yeas - Mayor Thoms, Couneil- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of The Iowa State Highway Commission sub- mitting a statement for review and comment appropriate to our area eovering environmental im- pact statement planning report relative to Freeway 520, Delaware and Dubuque Counties, presented and rea d. Councilman Stackis moved that the communication be referred to Engineering and Plau- ning & Zoning Commission. Sec- onded by Councilman Lundh. Car- ried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Justroann, Lundh, Stackis. Nays-None. Communication of Operation New View submitting a progress report dated March 8, 1974, pre- sented and read. Mayor Thoms moved that the eommunlcation be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Stackis moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seeor¡d- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Councii- men Brady, Justmann, Lundh, Stackis. Nays-None. lIfrs. Edna Thompsan and Mr. Dan Langfield addressed tbe Coun- cil relative to Operation New View. Communication of Alta Jane Blades advising that no useful pur- pose would be served to consider her farm in Center Twp. for a landfill site, presented and read. Councilman Lundh moved that the eommunication be received and filed and referred to the Engineer- ing Department. Seeonded by Coun- 144 Special Session, March 18, 1974 cilman Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of David L. Clemens, Attorney, as a represen- tative of the Dubuque Advisory Commission requesting the Coun- cil to join with the Medical As. sociates and retain Mr. Art Kuehn, a Davenport architect, to do a feasibility study of the Medical Associates Building, presented aud read. Councilman Lundh moved that the communication be re- ceived and filed. Seconded by Councilman Justmann. Carried by the foll<>wing vote: I Yeas - Mayor Thoms, Council- men Brady, Justroann, Lundh, Stackis. Nays-None. Mr. David Clemens addressed the Council in behalf of his peti- tion. Mayor Thoms moved approval of 25% of the eost of the feasibil- ity study, not to exceed $500. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Chairmau Luthro of the Advisory Commis- sion advising that the executive committee of tbe Commission en- dorses the establishment of Man- I agement Information Services and reeommending that a staff posi- tion be created. Councilman Just- maun moved that the communica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Councilman Lundh moved to proceed with the program as out- lined by the City Manager. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays-Councilman Brady, Just- mann. March 14, 1974 Honorable Mayor and Members of the City Council Please be advised that I have approved the following named Casualty Policy subject to final approval of the City Attoruey. GENERAL LIABILITY POLICY Fondell and Sons Inc. Policy No. 85 C 502517 The Hartford in- surance Co. from 11-1-73 to 11. 1-74 Gilbert D. Chavenelle City Manager Mayor Thoms moved for filing approval subject to approval of tbe City Attorney. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. March 15, 1974 To the Honorable Mayor and City Counei1 On April 5, 1973 an inspection was made of a vacated single fam- ily, frame dwelling by the City of Dubuque Housing Department, known as 850 Mo-ntcrest Street, Dubuque, Iowa. Several violations of the Minimum Housing Code were noted, and on May 8, 1973 a letter was sent to the State Department of Social Services, Lucas Building, Des Moines, Iowa 50319, listing the violations and to notify the above named depart. ment that the structure has been posted as unfit for human oc- cupancy. On June 7, 1973 a letter was sent to Mr. Daniel P. Ernst, 10 American Tower Building, Du. buque, Iowa, Administrator for the State of Iowa Department of So- cial Services, with an enclosed eopy of a letter the Housing De- partment sent to the State De- partment of Social Services, notify- ing Mr. Ernst of the status of this property. On August 1, 1973 an order was sent to Mr. Daniel P. Ernst, 10 American Tower Building, by the Housing Department to demolish and remove said dwelling and clean up the premises. Copies of the letter were sent to the Du- buque County Social Services and to the State of Iowa Department of Social Services. On February 19, 1974 an order was sent to Mr. Daniel P. Ernst, 10 American Tower Building, Du- buque, Iowa, to dismantle the structure and clean up the prem- ises. Copies of the letter were sent to the Dubuque County Social Special Session, March 18, 1974 145 Services and to the Iowa State Department of Social Services. This order has not been com- plied with and I reeommend to the City Council that the provi- sions of Ordinance No. 35-52 be enforced and the owner of said building, known as 850 Montcrest Street and located on Lot 24 of Pleasant View Addition, City of Dubuque, Iowa, be required to dis- mantle said building and clean up the premises. Gilbert D. Chavenelle City Manager Councilman Stackis moved ap- proval of the recommendation and that a public hearing he held on April 8th and the Clerk be in- structed to publish notice of same. Seeonded by Mayor Thoms. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Jœtmann, Lundh, Stackis. Nays-None. March 15, 1974 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, City Audi- tor, Water Superintendent and Health Department, as well as a list of claims paid, for the month of February, 1974. Also enclosed is the annual report nf the Health Department for the year 1973. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the reports be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Communication addressed to Councilman Juslmann submitting a brochure on Solid Waste Man- agement from Knoerle, Bender, Stone & Associates Inc. by Joe Goeppner, as the result of becom- ing acquainted at the anuual meet- ing of the Water Resources Con- gress in Washington, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Jœtmann, Lundh, Stackis. Nays-None. Notice of claim of H, L. GuzzIe, in the amount of $28.43, for car damage incurred on March 1, 1974, to the rear of 972 University Ave., due to a defective street, presented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- man Brady, Justmann, Lundh, Stackis. Nays-None. Notice of claim of Robert L. Massey, in the amount of $50, for car damage incurred as the result of driving into a defective man- hole cover at 24th & Washington Street on February 15, 1974, pre- sented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for luvestiga- tion and report. Seeonded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of claim of Lloyd & Bar- bara Auderer in the amount of $441.85 for car damage incurred as the result of their car being struck by a city-owned garbage truck at 1625 Westridge on March 6, 1974, presented and read. Mayor Thoms moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. March 15, 1974 Honorable Mayor and City Council On August 11, 1972, Notice of Claim was filed against the City of Dubuque, Iowa on behalf of Joseph P. Hickey, a minor, claim- ing damages in the amount of $16,000.00 for said minor and $4,000.00 for his father, Frank J. Hickey for personal injuries al- legedly suffered by said minor on June 26, 1972 as the result of his tripping and falling over a water hose strung across the walk area of Town Clock Plaza, midway 146 Special Session, March 18, 1974 between 700 Main Street and 703 I Main Street. Thereafter, on Sep- tember 1, 1972, an action, being Law No. 39660, was commenced in the District Court of Dubuque County, Iowa, wherein Joseph P. Hickey, a minor, by Frank J. Hick- ey, his father and next fciend; and Frank Hickey are plaintiffs and the City of Dubuque, Iowa and Edwards & Sons Construction Co. are named defendants. Said action, in four counts prayed for $20,000.00 together with juterest and costs. This matter was referred to the City Attorney and appropriate de- fenses were filed therein, and said matter has been settled at no cost to the City and Dismissal with Prejudice was filed in the District Court of Dubuque Coun- ty, Iowa on March 12, 1974. Original Notice with petition at- tached together with Notice of Claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justroann, Lundh, Stackis, Nays-None. Proof of Publication, certified to by the publisher, of notice of hearing to vacate and dispose of Lot 32A and Lot 4OA in Coriell's Dubuque Addo. to William Wood- ward & William Klauer, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Thoms moved that the communi- cation be received and filed. Sec. onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, JuStmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 17-74 An Ordin.nce Vacating a por. tion of "Vacoted Prospect StI'Ht" end .pproving sale of ..".". ~ Lot 32A and Lot 4OA in Cor. iell's Dubuque to William P. and Beverly B. Woodward and William J. end Carol R. Klauer Said Ordinance having been pr:,. viously presented and read at the Council meeting of February 18 1974, presented for final adoption: ORDINANCE NO. 17.74 WHEREAS, th, ""'t in th, City of Dubuque, low" known .. "v,emd P,os- p"t Stmt" h" b"" th, .ubi'« mmee of I'g,I eontcoV,,"y; ,nd WHEREAS, "id P,..p,et S"", fo, eontidmbl, time in the p"t h" boon oe- enpi,d ,nd ..ed fo' th, loe"ion of , smg' sming th, p",nis" lying imm,- di",Iy to th, ",t thmof; ,nd WHEREAS, it 'PPO'" th" th, public int"'" d,m,nd, thot "id """ b, n- emd; ,nd WHEREAS, th, Phnning ,nd Zoning Commi..ion of the City of Dubuqu" low" h" 'ppcove<! th, vmtion of "me; NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" th" po"ion of v,- e",d Pco.poet S"'" b"woen LotJ2 ,nd Lou 3S, 39, 40 ,nd 4t in "Cotiell', Du- buque" (,1., known" Co'¡ell's Addi- tion to the City of Dubuque, low,) in th, City of Dubuque, Iowa no long" smins public pu'pose be ,nd th, "me ~ h",by vaemd. SECTION 2. Thot the ,bove d.."ib,d ",1 "ta" h" boon pla",d and .ball h",- ,f", b, d"etibtd and known.. Lot J2 A in "Coti,ll's Dubuque" in the City of Dubuque, low" ,nd Lot 40 A in "Cotidl'. Dubuque" in the City of Dubuqu" Ion SECTION 3. Th" the City Cleek bt ,nd h, it hmby ocd"e<! ,nd di"eted to publith notic< of irttertt to '"'po" of in- ""'t in ",I "tate .. ~ by I,w "q"¡"d whieb notice .h,lI p,ovide and se' foeth th" Lot 40 A. "Cotiell'a Dubuque" in th, City of Dubuqu" low" sb,ll be di.- po"d of to Willi,mP. Woodw..d and Be- veely B. Woodw..d fo' the .um of $1000 tosethee with 00'" of publie"ion ,nd th" Lot 32 A "Co,dlI'. Dubuque" in the City of Dubuque, low" .h,lI be di,po"d of to Willi,m 1- Khu" ,ud C..ol R. Khue' toseth" with CO". uf public>tion, in ,dditiou to the p,yment of 11000.00. No ,b.met of title .h'¡1 be fu",..hed. SECTION 4. Th" the City Clock be ..d he i. he"by di,ecte<! to e,u" to be "eo,ded iu the offi" of tbe Dubuque County Reco,d" ""ifie<! copy of th.. O,din,nee. SECTION s. Th" R""Iution No. 24[- 70 be ..d th, "me i. hosoby "p..led ,nd ,ny ,nd ,11 pcoe"ding. he"'ofo" und,,- taken in connection with ohio peopeety with the "c<ption of the platting thosoof ,nd which m'y be ineon.imnt h"...hh b, ,nd the "me m he..by "poa"d. Special Session, March 18, 1974 147 P....d, adopted 'nd 'pp,oved this ¡gth d,y of Mmh, [974. All.. T. Thoms M,yo, C. Rob", ]o"m,nn Alvin E. Lundh Emil St"k~ ],m" E. Budy Cooneilmen ATTEST, Leo F. Fcommdt City CI"k Publish,d offiei,lIy in the Tdegtaph amId New,p'p" this 22nd d,y of M..eh, 1974. Leo F. F,ommdt City Clock It. 3-J2. Mayor Thoms moved final ado¡>- tIon of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Councll- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 83-74 WHEREAS, pursuant to Resolu- don of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published ju the CIty of Dubuque, Iowa on February 22, 1974 and March 1, 1974, City Council of City of Du- buque, Iowa met on the 18th day of March, 1974 at 7:30 o'clock P.M. (Central Daylight Savings Time) ju the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque, Iowa of that portion of vacated Prospect Street platted and described and mown as Lot 32 A "Coriell's Du- buque" in the City of Dubuque, Iowa and Lot 40 A in "Coriell's Dubuque" in the City of Dubuque, Iowa and that said parcels of real estate shall be disposed of to William J. Klauer and Carol It. Klauer, husband and wife, and to William P. Woodward and Beverly B. Woodward, husband and wife, respectively; and WHEREAS, CIty Councll of Du- buque, Iowa overruled any and all objections, oral Or written to the proposal to dispose of inter- est of City of Dubuque, Iowa in the above set out parcels of real ettate to the hereinabove men- tioned parties; NOW THEREFORE BE IT RE- SOLVED by the City Connell of the CIty of Dubuque, Iowa: Section 1. That the disposal of interest of CIty of Dubuque, Iowa in real estate described as: Lot 40 A in "Coriell's Du- buque" in the City of Du- buque, Iowa to William P. Woodward and Bev- erly B. Woodward, husband and wife, for the sum of $1,000.00 to- gether with eosts of publication and filing fees, be approved. Section 2. That the disposal of interest of City of Dubuque, Iowa in real estate described as: Lot 32 A in "Coriell's Du- buque" in the City of Du- buque, Iowa to William J. Klauer and Carol R. Klauer, husband and wife, for the sum of $1,000.00 together with costs of publieatlon and flUng fees, be approved. Section 3. That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance to William P. Wood. ward and Beverly B. Woodward, hushand and wife, and to William J. Klauer and Carol R. !Gauer, husband and wife, upon receipt from said respective purchasers of the said purchase prices, publica- tion eosts and filing fees. Section 4. That the City Clerk be and he is hereby authorized and directed to reeord a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 18th day of March, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh James E. Brady EmIl Stackls Councilmen Attest: Leo F. Frommelt Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stacm. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to Amend Zoning Ordlnanee No. 3-34 by amending Article IV, Section 2, Subsection (i) thereof to include off-street 148 Special Session, March 18, 1974 parking within Lot 1 of the Sub- ' division of Lot IA of Dennis Dor- gan Sub. presented 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 publieatlon be received and filed. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 18.74 An Ordinance Amandlng Ordi- nance No. 3-34 known as the "Zoning Mep and Zoning Ordi- nance of tho City of Dubuque, Iowa" by Amending Article IV, Section 2, Subsection (i) thoro- of to include certain described real estate to parmlt off-street parking, (Dorgan Place), said Ordinance having ,been pre- viously presented and read at the Council meeting of February 25, 1974, presented for final adoption. ORDiNANCE NO. 18-74 AN ORDINANCE AMENDING OR- DINANCE NO. J-J< KNOWN AS THE "WNING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA", BY AMEND- ING ARTICLE IV, SECTION z, SUBSECTION (i) THEREOF TO INCLUDE CERTAIN DESCRIBED REAL ESTATE TO PERMIT OFF- STREET PARKING. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. not O,din,nce No. J-J4, known.. tho "Zoning M,p ,nd Zonins Otdin,nco of tho City of Duhuquo, low,", bo ,nd tho ..mo i, h"oby _onclod hy ,monding Mtido IV, S"tion Z, ,ub""ion (i) thmof .. follow" "A"ido IV. Section 2. (i) Off-""'t pocking within tho following d..c<ibod "0" Lot t of tho Suhdiv"ion of Lot tA of Donni, Dotg.. Subdivi,ion in tho City of Dubuquo, Iowa." SECTION 2. Th" tho foCtgoing Amondmont h.. httttofoCt h... ,ppcovtd by tho City Plwning ..d Zoning Com- nUs,;on of tho City of Dubuquo, low,. p""d, 'pptovod ,nd ,dopttd thi, 18th d,y of Mmh, 3974. All,n T. Thorn' M,yot C. Roho" Ju"m'nn Alvin E. Lundh Emil SucIrn J,m.. E. Budy Councilmon ATTEST, Loo F. P,ommtlt, City Clttk Publiilitd offici,lIy in tho Ttloguph Hmld Now'p'p" thi, 22nd d,y of M"ch, t974. Lon P. P,ommth, City Clttk It. J-22. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Vicki Weide- mann objecting to the excessive noise from motorcycles and cars on the streets of the City, present- ed and read. Mayor Thoms moved that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Couneil- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Donna Bauer- ly fully endorsing a clearly de- fined and strictly enforced noise abatement ordinance, 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, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE Amending Or- dinance No. 33-49 known as the Traffic Code of Dubuque, Iowa by repealing Section 19.4 thereof and enacting a new Section 19.4 in lieu thereof to provide that all motor vehicles be equipped with a muf- fler to prevent excessive noise and annoying smoke, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Special Session, March 18, 1974 149 SecOnded by Councilman Stackis, Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the rule requiring an Ordinance to he read on three separate days he waived. Seconded by Council. man Stackis. Carried by the fol- loWing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. Nays-None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance in the Council Chamber at the City Hall on April 8, 1974, at 7:30 o'clock P.M. and the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded hy Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE Amending Or- ~~~e J:.~e 3~t'tÌt:"~';; ; ~~~ I huque, Iowa, by adding a new Sec- tion 30 thereto to establish noise standards, to prohibit the opera- tion of motor vehicles in violation of established noise standards and providing penalties for violation hereof, presented and read. Mayor Thoms moved that the reading just had be eonsidered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men 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 Staekis. 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 April 8, 1974, in the Council Chamber at the City Hall and that the City Clerk 'be in. structed to publish notice of the hearing in the manner required by law. Seeonded by Couneilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. AN ORDINANCE Relating to the Control of excessive noise and providing penalties for the viola- tion hereof, presented and read. Mayor Thomas moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seeonded 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 April 8, 1974, in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Couneilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. March 15, 1974 Honorable Mayor and City CouncIl I submit to you an Ordinance adjusting the present Bicycle Or- dinance. Attached is a letter from Chief O'Brien explaining the pro- posal, I recommend that the ordinance 'be passed. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: _.:.,."~,, 150 Special Session, March 18, 1974 yep - Mayor Thoms, Council- men Brady, Justmann, Lundh, StacIds. Nays-None. ORDINANCE NO 19-74 Ordinance Governing Operation of Bicycles in the City of Du. buque, Iowa, o,nd the Licensing of Some, providing penalties for violotion hereof and repealing Ordinance No. 1(1.40 and Ordi. nance No. 33.56, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance, Seeonded by Councilman stackÏs. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays--Councilman Justmann. 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, Council- men Brady, Lundh, stackis. Nays--Councilman Justmann. ORDINANCE NO. 19.74 ORDINANCE GOVERNING OPERA- TION OP BICYCLES IN THE CITY OF DUBUQUE, IOWA, AND THE LICENSING OF SAME, PROVIDING PENALTIES FOR VIOLATION HEREOF AND REPEALING ORDIN- ANCE NO. 10-40 AND ORDINANCE NO. B-56. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUlIUQUE, IOWA, SECTION I. Evo", p,,"on who OW" ...d..,r open"" 0 bicycle with;" the limi" of the City of Dubuque, Iowo, ,boll before the I"t doy of April of "ch y"r, c,u" tbe own",hip thereof to be resi"ered " the cWc, of the Chief of Police of ,aid City. Upon ouch resi"",io. the Chief of Police ,h,lI i"ue to ,uch person , r.,.u"'- cion us. pia" or other me"" of ideod- c,tlon. Said "So",cion ug or pia" ,h,lI " ,11 tim.. be "cueely ¡""ned to the bicycle for which it 0 o",ed. Th" the... oholl be p,id to the Chief of Police for ..id ug or pI", when irned, tw,"ry-five (25) cenu. Th" the "got",io. Ug or pia" ,h,lI be valid from the fin< d,y of M,y of ,oy year ...d .II pia", or ugs ,holl expi" ,iroulu.eoudy on April ,oth of the fol- Iowi.g y..r. SECTION 2. The Chief of Police ,h,lI keep , r"ord of rhe oumber of "ch rogb""ci.., the d", i,med, the n'me of the pe"on who r..."ered ,nd the number o,ued to ,aid pe"oo. SECTION ,. I. the eveot , resu"red bicycle .h,lI b, sold or ",.,fe...d the "gu",don t,g, pia" or other mean, of idendfi"don ,h,lI pat, on to the .ew owner or ""..fme and the ..Ie or "'n,- fer of ..id bicycle ,h,lI be "por"d to the Chief of Police by the new owner Ot ",..fer" with;" five d,y' ,fter ,aid ..Ie or """fer together with the .,me of the new owner or ",..fe", of ..id bi- cycle. SECTION 4. In the event that ... own" 10" hi, identification ns plate or oth" mean, of identification, or the "me should be d.."oyed or "olen he ,h,lI r'P°rt the "me to the Chief of Police immedio"ly and the Chief of Police oh,lI then i"ne , .ew "gi"",io. tag " the CO" of twenty-five (25) =" to mch ow.er. SECTION 5. It oh,lI be unlawful for ",y petson to ,1m ot counterfeit any "gi",otion ug, pia" Ot other m"" of idendfic,don i..ued ;" confOtmity with thi, ordin,nce. SECTION 6. Eve", bicycle when;" u" on the """, of the city" any time from mnoet to ,unrue ,hall be equipped with 0 lamp on the front e.bibiting 0 white light ,nd with, lamp on th< "" e.bibit- ing , red light ruible for' di"",.. of '°0 feet to the reat; except that , "d "flector meeting the "qiremen" of thu o,din",ce m'y be u"d in lieu of , ,ed light. SECTION 7. Every bicyclo ohall be equipped with, tuiuble ho," or bell "p- ,ble of giving an ,dequ," w"oing °' ,ig..l. The u" of oi".. or whi"l.. on , bicycle 0 prohibited. SECTION s. It ,h,lI be unlawful fo' ,ny pe,son to ride or open" 0 bicycle upon the ridew,Ik, of the City of Du- buque. SECTION 9. It oh,lI be unlawful for any pe""n rid;"g , bicycle ro follow fire t..cIu or othet fi" equipmenr " any time ...d it ,h,lI be unlawful fo' "'y person riding, bicycle to be towed by ,ny other vehicle ope",ing upon ,he """, of the City of Dubuque. SECTION to. No bicycles .h,lI b. wed to cor", mo" pe"o" or on. dme th,o the number ro' which it 0 ....igned ,nd equipped. SECTION I!. Bicyclu" "ding 0' "...ling upon ,ny "r"U of "id city .holl not dde roo" th,n two ,b"",. S,id bicydi", ,h,n °P"'" thei, bicyd" on the dght h..d ride of the cen'" of the ""et ,od ,h,n tr...! " nm to the right h,nd cu,b " po"ible. SECTION 12. No pe"on dding upon ...y bieycl. .hon "tach the "me °' hiro- self to ..y but or vebide upon the high- w'y. SECTION 13. All penon. riding bi- cycles upon ,ny ""rt within "id city ,hall ob"m ,n ",ffit otdin,nc.., ..1.. ,nd "gulotio... ..pedony " '" ",Hic lighu, highway "pp ,igno ood ,h,n ,igml ,ny change of dit",ion or cou"e of trovel in the ..me m""'" and in the Special Session, March 18, 1974 urne w,y " ,uch rign,], '" "qui"d un- de, the I,w soverning the noe of moto, vebid.. upon the """, 'nd highway"~ ...d ,bon not turn to the right 0' I,ft io traffic mop' or "sui" in'"""ion, of ""e" °' ,ney,. SECTION 14. Auy person viol";"g ,ny of the provi,ion' of thi, otdin.... ,h,n be guilty of , mi,dem..no, 'nd upon ton- viction ,hereof ,h,n b, fin,d not exceed- ins One Hund"d Don", ($100.00) ..d ,,"u Ot ,hon be imp,i,oned fot , period not mtedins thirty (30) doy' in j,il. SECTION 15. Otdinon.. No. 10-40 ..d Otdinonce No. B-56 be ,ud the "me are her.by "P"led. P",ed, 'pproved ..d ,dop"d thi, 18th d,y of March, 1974. An.. T. Thom, MoYOt Alvin E. Lundh Emil Stacki, Jam.. E. B..dy Councilmen ATTEST, Leo F. Frommelt, City Clerk Pohllihed offici,lIy ;n the Tel....ph H",ld New'p'per thi, 22od d,y of Morch, 1974. Leo F. Ftommelt, City Clerk It. '-22. Mayor Thoms moved fmal adop- tion of the Ordinance. Seconded hy Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. March 15, 1974 Honorable Mayor and City Council I return to you the petition of people in the 3000 block of Kauf- mann in which they have request- ed no parking along one side of the street. I submit to you an ordinance establishing a new no parking zone along the north side of Kaufmann from Chaney Road to John F. Ken- nedy Road. I suggest that the ordinance be given the first reading and then set aside for a hearing. The Police Department will notify the resi- dents in the area of the proposed regulation and the hearing. I submit to you a letter from Chief O'Brien explaining the pro- posed ordinance. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following 151 vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE Amending Or. dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing subsec- tion 76 of Schedule VI thereof and enacting a new subsection 76 to Schedule VI to prohibit the park- ing of motor vehicles on the south side of Kaufmann Avenue from Central Avenue to Francis Street and on the North side from Fran- cis Street to Valeria Street and from Chaney Road to John F. Ken- nedy Road, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, 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, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on April 8, 1974, in the Council Chamber at the City Hall and that the City Clerk be in- structed 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- men Brady, Justmann, Lundh, Stackis. Nays-None. Council Recessed at 9:35 P.M, Reconvened at 9:40 P.M, March 15, 1974 To the Honorable Mayor and City Council Attached is an ordinance creat- ing the office of Public Works and the appointment of a Director of Public Works. The Director of Public Works would be responsible for the con- struction and operation of ail pub- - ~,~_." 152 Special Session, March 18, 1974 lie works with the exception of the public water system. He would be responsible for the management of all city activities relating to engineering, street programs, storm and sanitary sewer mainte- nance and construction, waste wa- ter treatment and refuse opera- tions and maintenance of all city equipment. Reference to the creation of this office and position was reported in my 1974 Budget Message to you. Mr. John White would be ap- pointed Director of Public Works effective April 1, 1974 at an an- nual salary of $23,500. Mr. Robert UrelI would be promoted to the position of City Engineer at an annual salary of $18,792. Your approval of this ordinance is requested. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried ,by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE creating the office of Public Works and pro- viding for the appointment of a DIrector of Public Works and es- tablishing the duties of the DI- rector of Public Works, presented and read. Councilman Lundh moved for adoption of the Ordi- nance including corresponding salaries in Manager's request. Mo- tion died for lack of a second. Mayor Thoms moved that the Ordinance be adjourned to the meeting of March 25th. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann. Nays - Councilmen Lundh, stackis. March 15, 1974 Honorable Mayor and Councilmen Your Resolution No. 73-74 has changed the Urban Renewal Plan to permit multi-family residential use within the project area. Pur- suant to that Resolution, we have enclosed a draft of an Ordinance amending the Business District provisions of Zoning Ordinance No. 3-34. The effect of the pro- posed amendment is to exempt the Downtown Urban Renewal Project Area from the minimum lot area requirement of the zoning district We suggest that it is appropriat~ at this time to eliminate the mini- mum lot area reqnirement within the project area where the City may still exercise more flexible control in the review and approval of specific development proposais. We also recommend that the pro- posed amendment be referred to the Planning and Zoning Commis- sion for public hearing and report. RespectfulIy submitted, Daniel Dittemore Development Planner R. N. Russo City Solicitor Mayor Thoms moved that the communication be received and filed. Seconded by Councllman Justmann. Carried by the follow- ing vote: - Yeas - Mayor Thoms, Councll- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE Amending and Changing Ordinance No. 3-34 known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to remove the minimum Lot area per family re- qutrement for Mwtiple Dwelling Structures within portions of the Business District Contained within the Dubuque Downtown Renewal project Iowa R-I5, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councllman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Councll- men 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, Councll- man Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the Ordinance be referred to the Plan- ning & Zoning Commission and Special Session, March 18, 1974 153 that public hearing be held on April 22, 1974, by the Council, in the Council Chamber at 7:30 o'clock P. M. and the Clerk be instructed to publish notice of said hearing in the manner re- quired by law. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Councll- men Brady, Justmann, Lundh, Stackis. Nays-None. March 14, 1974 To the Honorable Mayor and City Council Attached is a resolution and ap- plication for approval for the per- manent transfer of funds. This resolution provides for the trans- fer of $88,200 from the Liquor Sales Profit Fund to three of our functional funds and to the Trust and Agency Fund. It is necessary for US to execute this transfer in order to provide adequate monies in the various funds to finance, principally, the wage increases as a result of our labor negotiations earlier this year. Your approval of this resolution Is requested. Gllbert D. Chavenelle City Manager 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. 84-74 Resolution and application for approval of the permanent trans- fer of funds WHEREAS, there is now in the hands of the treasurer the sum of $88,200.00, credited to the Liq- uor Sales Profit fund, and WHEREAS, there is now in the hands of the treasurer the sum of $88,200.00, credited to the Liq- uor Sales Profit fund, and WHEREAS, it is desired to trans- fer $88,200.00 from the Liquor Sales Profit Fund to the $15,000 to the General Fund (1) 10,000 to the Public Safety Fund (4) 4,300 to the Park Fund (20) 58,900 to the Trust and Ageney Fund (40) $88,200 For the Following Reasons: Fund: 1 Wage and Salary Adjustments 'and Contribution for AMTRAK Services 4 Wage Adjuslments 20 Wage Adjustments and $2,362 Deficit from 1973 40 Increased Cost of Fringe Ben- efits as Result of Labor Ne- gotiations and $6,804 Deficit from 1973. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the Liquor Sales Profit fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been eomplied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque County, Iowa, that said sum of $68,200.00 be, and the same is hereby transferred from the Liq- uor Sales Profit funds to the Gen- eral, Public Safety, Park aud Trust & Agency funds, and the City Auditor is directed to correct his books aceordingly and to notify the treasurer of this transfer, ac- companyiug the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Passed, approved and adopted this 18th day of March 1974. Ayes. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Nays. C. Robert Justmann Allan T. Thoms (presiding officer) Leo F. Frommelt (Secretarial officer) Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays--Councilman Justmann. March 15, 1974 To the Honorable Mayor and City Council Attaehed is an ordinance amend- 154 Special Session, March 18, 1974 ing our 1974 Budget and provides for the appropriate of $100,000 to be used for contracting services with Ecumenical Housing, Ineor- porated. Also attached is a resolution ap- proving a eontract for services be- tween Ecumenical Housing, Incor- porated and the City of Dubuque, Iowa. Your approval of this ordinance and the resolution is requested. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seeonded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE Amending the Budget as approved by Ordinauce No. 1-74 to provide appropriations for a Community Development Project, presented and read. Mayor Thoms moved that the reading ju.t had be considered the first reading of the Ordinance. Seeonded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seeonded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on April 8, 1974, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and the 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, Council- men Brady, Lundh, Stackis. Nays-Councilman Juslmann . RESOLUTION NO. 85.74 Resolution approving a contract for services between Ecumen- ical Housing, Incorporated and City of Dubuque, Iowa. WHEREAS, there are approx- imately Seven Thousand (7,000) .,.."... '0 persons in the City. of Dubuque, Iowa, who have attamed the age of 65 years or more; and WHEREAS, there are approx- imately Three Thousand Five Hun. dred (3,500) persons in the City of Dubuque, Iowa, who have at- tained the age of 65 years or more and who suffer from some type of physical limitation due to age; and WHEREAS, eonventional hous- ing facilities and full nursing care facilities are the only means of housing the aforementioned elder- ly and disabled presently in ex- isteuce, and WHEREAS, Ecumenical Housing Incorporated proposes to erect and maintain a structure to honse and accommodate the elderly and dis- abled ,to provide for the physical needs and the social needs of the elderly and disabled occupying its facilities; and WHEREAS, the City of Dubuque, Iowa, by virtue ()f aud pursuant to Title I of the State and Local Fiscal A.sistance Act of 1972 (Pub- lic Law 92-512) is authorized and empowered to use revenue sharing funds received 'by it to pay op- erating and maintenance costs for "priority expenditure categories" of which social services for the Poor and Aged are included, and WHEREAS, Ecumenical Housing, Incorporated and the City of Du- buque, Iowa, have entered into a written contract, copy of which is hereto attached, marked Exhibit "A", and by reference made a part hereof, wherein the City agrees to pay Ecumenical Housing, Incorporated the sum of One Hun- dred Thousand ($100,000.00) Dol- lars and Eemnenieal Housing. In- corporated agrees to provide hous- ing and social service for the eid- erly and disabled persons in the City of Dubuque, Iowa, for a period of forty years from date of com- pletion and occupancy of said .tructure, and WHEREAS, the City Council of the City of Dubuque, Iowa, finds, determines and concludes that the expenditure of $100,000.00 of rev- enue sharing funds of the City of Dubuque, Iowa, for the housing of its elderly and disabled and to provide social services therefor promotes the public health and welfare of the inhabitants of the City of Dubuque, I()wa, and that Special Session, March 18, 1974 155 Ecumenical Housing, Ineorporated is presently the only organization existing in the City of Dubuque, Iowa, able to furnish housing and social services for the elderly and disabled, and WHEREAS, the City Council ()f the City of Dubuque, Iowa, finds ."d determines after full exam- Ination of all relevant information that said eontract and expenditure pnrsuant thereto should be ap- proved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA, AS FOLLOWS: Section 1. That the contract for services by and between the City of Dubuque, Iowa, and Ecumenical Housing, Incorporated, a copy of which is hereto attached, marked Exhibit "A", and by reference made a part hereof, be and the sam<> is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized, empowered and directed to execute said contract for services for and on behalf of the City of Dubuque, Iowa. Section 3. That the expenditure to Ecumenical Housing, Ineorporat- ed by the sum of $100,000.00 of revenue sharing funds pursuant to said contract is hereby approved. Passed, approved, and adopted this 18th day of March, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh m()ved ado¡>- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - May()r Thoms, Couucil- men Brady, Lundh, Stackis. Nays--Councilman Justmann. AGREEMENT THIS AGREEMENT made and entered into this 18th day of March, 1974, by and between the CITY OF DUBUQUE, lOW A, a municipal eorporation, hereinafter called "City", and ECUMENICAL HOUSING INCORPORATED, a non- profit corporation of Iowa, orga- nized and existing and pursuant to Chapter 5O4A of the 1966 Code of Iowa, hereinafter called "Cor- poration". WITNESSETH: 1. That City does hereby agree to advance and pay to Corporation the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) on the terms and conditions herein- after set forth, at such time in the sole discretion of the City as ad- equate and satisfactory proof has been furnished to the City by the Corporation that the Corporation has raised or collected the sum of $200,000.00 in addition to the amount proposed to be paid by City. 2. City further agrees to pay the said sum of $100,000.00 at such time as in its sole diseretion it shall deterntine eonstruction costs have been accured or are payable for work actually performed or labor or materials actually sup. plied to or for the project herein- after referred to, to an extent of not less than the said amount of $100,000.00. 3. Corporation agrees to con- struct, erect and maintain a multi- story structure containing 110 dwelling units and 1 dwelling unit for a caretaker to be iocated at the southeast eorner of Locust Street and West 6th Street in the City of Dubuqne, Dubuque County, State of Iowa. The purpose of said structure shall be to house and accommodate the elderly and hand- icapped or disabled. The Corpora- tion agrees to maintain said strue- ture and provide such housing for a period of 40 years from and after the date of eompletion and occupancy, and for such charges and fees as rental as the Corpora- tion may deem fair and reasonable and as approved by the Federal Housing Administration. 4. Corporation further covenants and agrees that It will not seek nor secure real estate tax exemp- tion or personal property tax exem- ption as a qualifying entity under and by virtue of Chapter 427 of the 1973 Code of Iowa as to this property for a period of seven m years from the date of completion and occupancy of said building and Corporation acknowledges and represents that City would not have agreed to pay said sum of $100,000.00 without the Corpora- tion's having fil'st agreed to the provisions of this paragraph, Noth- 156 Special Session, March 18, 1974 ing herein eontained, however, shall prohibit said corporation from seeking such tax exemption as it may determine and as it may be eligible for by law at the eX- piration of said seven (7) year period. Notwithstanding the fore- going provision as to Corporation's agreement not to request tax ex- empt status, it is agreed that the sum of $100,000.00 shall be eon- sidered to have been earned by the Corporation at the rate of $14,285.71 per year for each year commencing with the issuance of a certif'tcate of occupancy, and that at any time during said peri- od, Corporation shall have the option of refunding to the City the unearned portion of said $100,- 000.00 and upon sueh refund hav- ing been made, shall be relieved of the provisions of this agreement limiting Corporation's right to seek such tax exemption for any succeeding year. The refund by Corporation of the unearned por- tion as herein provided shall not relieve Corporation of the other duties imposed by the terms of this Agreement. 5. The parties hereto acknowl- edge and agree that in the event the Corporation abandons the pro- posed project or in the event the propooed use Is discontinued with- in a period of ten (10) years from the date hereof, the Corporation agrees ,to account for the amount $i~~~~e~:t a~~~~~n Ci~~ s~~~ I have the right to claim return of such unearned portion of said amount and to secure repayment of said amount, Corporation agrees, upon such default and demand by City, to grant City a lien to secure repayment which lien shall be jun- ior and inferior and without prej- udice or jec>pardy to the United States of America by and through itB Department of Housing and Urban Development, or the Fed- eral Housing Administration, and any lending agency involved in the actual financing of the aequisition c>f the real estate or eonstructlon of said structure. 6. The parties hereto acknowl- edge and agree that this Agree- ment in substance shall be eon- sidered as an Agreement by Cor- poration to provide serviees to the City which has agreed to pay the sum of $100,000.00 therefore which service shall consist of housing for a minimum of 100 elderly and handicapped or disabled persons primarily residents of the City of Dubuque, Iowa, aud in no event shall less than 20 of the occupants of said building be residents 01 the City of Dubuque, Iowa, 7. The Corporation hereby repre- sents that in eonnection with the constructic>n and operation of this facility herein eontemplated aud referred to, it has agreed with the United States c>f America by and through its Department of Hous- ing and Urban Development, and by and through the Federal Hous- ing Administration not to discrim- nate in any way regarding the construction or operation of said facility, and does hereby agree with the City of Dubuque, Iowa, not to engage in any discrimina- tory practices, and that the serv- ices to be provided in said facility shall be provided to the elderly, handicapped or disabled persons without regard to sex, race, reli- gion, eolor, national origin c>r an- cestry. 8. The parties hereto further acknowledge, understand and agree that the City by virtue hereof does hereby intend to aid and assist a portion of that segment of its populatic>n eomprised c>f the eld- erly and handicapped or disabled for which there exists and has existed a critical and pressing de- mand for the housing thereof. 9. It is represented by the Cor- poration that in addition to hous- ing in said facility, Corporation also agreed that it will provide in conjunction with the operation of said facility adequate space and will promote appropriate recrea- tional facilities and aetlvties, hob- bies, arts, crafts and will promote the active participation therein by appropriate public and private agencies to the end that the facil- ity shall be a desirable, appropri- ate and attractive environment for the people it serves. 10. Corporation represents thM it has completed necessary appli- cation documents with the Federal Housing Administration for a 221 D3 full rent supplement hc>using project for the elderly and hand- icapped and that under such pro- gram, Corporation will be eligible to receive rent supplement in an- nual amounts of more than $200,- Special Session, March 18, 1974 157 000.00 for 40 years to assist the occnpants in need thereof in the payment of ren,tal for the facilities to be occupied by them. It is un- derstood that the foregoing terms will be ineorporated in appropriate written documents and copies of the same will be furnished to City of Dubuque, and placed on file for public inspection. Dated at Dubuque, Iowa, the day and year above referred to. ECUMENICAL HOUSING INCORPORATED, an Iowa non-profit corporation, By Thomas Rhomberg Its President By Alfred E. Hnghes Its Attorney CITY OF DUBUQUE, IOWA, a municipal corporation of Iowa, By Allan T. Thoms MaYor Attest: Leo F. Frommelt City Clerk March 15, 1974 To the Honorahle Mayor and City Council Attached is an ordinance for ap- propriations to fund amendments in ()ur 1974 operating budget. Most of the amendments are funds for projects that were planned for 1973 and are either in the stages of completion ()r will be eompleted in 1974. Other amendments are for supplies and services purchased in 1973 but which will be paid for in 1974. Reflected in many ()f the funds are increases for wage adjust- ments, the result of labor negotia- tions earlier this year. Likewise, in the general fund we have pro- vided salary adjustmeuts for the City Manager, Director of Public Works and City Engineer. Effec- tive April 1 the annual salary of the City Manager will be adjusted to $25,000; Director of Public Works, $23,500 and the City En- gineer, $18,792. Your adoption of this ordinance is requested. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seeonded by Councilman Stackis. Carried by the following I v()te: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays--Councilman Juslmann. AN ORDINANCE Amending the budget as approved by Ordinance No. 1-74 in the amount of $1,175,- 527.00, presented and read. Mayor Thoms moved that the reading just had be eonsidered the first reading of the Ordinance. See- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh. Stackis. Nays--Councilman Justmann. May()r Thoms m()ved that the rule requiring an Ordinance to be read on three separate days be waived. Seeonded by Councilman Staekis. carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays--Councthnan Justmann. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on .April 8, 1974, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and the City Clerk be instructed to publish no- tice of said hearing in the manner reqnired by law. Seeonded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays--Cc>uncilman Justmann. Petition of Walsh Stores request- ing consideration ()f the parking situation surr()unding the place of business on Central Avenue, re- questing approval c>f one hour meters on 13th Street between Main and White, also one hour duration in the heavy business centered areas of Central and be- tween 11th and 14th Street on Iowa, presented and read. May()r Thoms moved that the petition be referred to the City Manager and Trafflc Department. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Ju.stmann, Lundh, Stackis. Nays-None. Communication of Urban Renew- al Director Wittenberg submitting a resolution providing for the demolition of Leath and Goodman buildings in the Urban Renewal area, presented and read. Mayor Thoms moved that the communica- tion be received and filed. Second- 168 Special Session, March 25, 1974 cil are defendants against Toom, Clark and Hogan. There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Brady. Carried by the foIlowiug vote: Yeas - Mayor Thoms, Council. meu Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk. Aipproved .. .........1914 Ad<J¡pted _.....Hm ........................-................................... ............................................................ ......,..................................................... ..-......................................................... """""""""""""""'ëöüïiëiiiñëii"""" Attest: """"ëïiŸ"ëi;;i:""""""""""" Regular Session, April 1, 1974 169 CITY COUNCIL OFFICIAL. Regular Session, April I, 1974. Council met at 7:30 P.M. (C.D.T.) Present. Mayor Thoms, Council- men Brady, Justmann, Stacki.. City Manager Gilbert D. Chaven. aile. Absent. Councilman Lundh. Mayor Thoms read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING at the Council caIled for the pur- pOse of aeting upon such business as may properly come before tbe meeting. Communication of Illinois De- partment of Transportation extend. iDg an invitation to attend a one- day Air Quality Workshop in Springfield on April 11, 1974, pre- sented and read. Councilman Just- mann moved that the communica- tion be received and filed and re- ferred to the City Manager and Health Department. Seconded by Councilman Brady- Carried by the foIlowing vote: Ye_Mayor Thoms, Councilmen Brady, Justmann, Stackis. Nays-None. Absent--Councilman Lundh. Communication of Merchants Mutual Bonding Co. submitting their Fidelity and Surety Certifi. cate of Authority to transact busi- ness in the State, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Absent-Councilman Lundh. Communication of Low Rent Housing Submitting minutes of their meetings of March 19th, and :~~~r ~~:;"'p:~:~~e~ha~e r:~: i utes be received and filed. Seeond- ed by Councilman Justmann. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Absent--Councilman Lundh. March 27, 1974 Honorable Mayor and City Council In regard to the Rock Island Corps of Engineers' eommunica- ,..""C". tion of March 20 informing the city of various deficiencies con- cerning our flood protection works, I would like to report the following correctional procedures. 1. The Dubuque Twine Company has been infonned to remove the cable from the gate hinge and not use this method of tieing up barges in the future. 2. The brush noted on the slopes between 16th Street and Haw- thorne Street will be trimmed out this summer. We started this pro- ject at 16th Street and were work. ing north with youth corps boys last summer and will continue this summer. 3. The oilers and fittings on all pumps will be tightened to stop leakage before the week is up, and the area around the pumps spot- lessly cleaned. 4. Where railroad tracks or pipes extend through gates in the floodwall, they are all eonstructed in such a way as to aIlow remov. ing these sections to shut the gates. Any gravel fill through the gates, of course, could easily be removed prior to shutting them. John 1. White, P.E. City Engineer Mayor Thoms moved that the communication be received and filed. Seeonded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Stackis- Nays-None. Absent-Councilman Lundh. March 28, 1974 Honorable Mayor and Members of the City Council I have approved the following bonds and policies for filing, sub- ject to approval of the City At- torney, and desire to have your approval on same. GENERAL LIABILITY POLICY A-I Plumbing Cooling & Heating Co. Inc. Transamerica Insurance Group. Workman Comp-Premier #3WC3145227-G. L. #6820032 12- 5-73 to 12-5-76. SIDEWALK CONSTRUCTION BONDS Raphael H. Strub, Bond No. 29394 dated April 6, 1974, Midwestern Casualty & Surety Co. Conlon Construction Co. Bond No. S. 716723, dated March 26, 1974.