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1974 May Council Proceedings Regular Session, May 6, 1974 'JJ57 CITY COUNCIL OFFICIAL Regular Session May 6, 1974. Council met at 7:30 PM. (C.D.T.) Present-Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. City Manager Gilb.rt D. Channell.. Mayor Thoms read the call and stated that service thereof had been dilly made and this is the REGULAR MONTHLY MEETING of the Council called for the pur- pose of oPting upon such business as may properly come before the meeting. Communication of Mayor Tboms expressing intent to make a mo. tion to reconsider his negative vote of April 29, 1974, relative to the City of Dubuque 1974 Concrete Paving with Integra] Curb Project No. I, 10th Street from Locust to Bluff and intersection of 9th and Bluff Contract No.2 P. C. Concrete Paving and building re- moval and City of Dubuque 1974 Concrete Paving with Integral Curb Project No. I, Tenth Street from Locust Street to Bluff Street and intersection of 9th & Bluff Contract No.1 Traffic Signals and Signing, presented and read. Mayor Thoms moved for reconsideration of nega- tive vote of meeting of April 29th. Seconded by Councilman Lundh. Carried by the fallowing vote: Yeas-Mayor Thoms, Councilmen Justmann, Lundh, Stackis. Nays-Councilman Brady. (Necessity for Improvement) RESOLUTION NO. 105.74 WHEREAS, proposed p I a n s, specifications, form of contract, plat and schedille have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things .the fallowing: 1. The streets to be improved. 2. The width of sucb improvement, and the size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of constructioin and kind of ma. terial to be used. The City of Dubuque 1974 Can. crete Paving with Integral Curb Project No.1 Tenth Street from Locust Street to Bluff Street and intersection of 9th and Bluff Streets Contract No.2 P. C. Con- crete Paving and billidings re- moval. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso. lution have on file with the City Clerk objections they shall be deemed to have waived all ob- jections thereto. Said improvements shali be con. structed and done in accordance with the plans and specifications which have been prepared there- foieby the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid out of the R.D.T. Fund. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 1st day of April, 1974. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, upon motion of reconsid. eration by the City Council this 6th day of May, 1974. Allan T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Lundh, Stackis. Nays-Councilmen Brady, Just- mann. Decision of Counoil upon obiec.' tions to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 17G-74 WHEREAS, proposed plans and specifications and form of contract 'JJ5S Regular Session, May 6, 1914 for The City of Dubuque 1974 Con. I erete Paving with Integral Curb Project No.1. Tenth Street from Locust Street to Bluff Street and intersection of 9th and Bluff Streets. Contract No.2 P. C. Con- crete Paving buildings removal have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifi<:ations or contract for or cost of such im. provements, said time beingtIIÎS 6th day of May, 1974; and WHEREAS, the City Council met in regular session this 6th day of May, 1974, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider. ing any and all objections which have been filed to the proposed ptans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par. ties have been given an opportunity to he heard and an objections which have been duly weighed aDd considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for Dr cost of said improvement herein de. scribed and proposed to be made, be and the same are hereby overrilled and such plans, specifica. tions and form of rontract here. tofore approved are hereby adopt- ed. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon an abjections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve¡nent. Passed, adopted and approved this 6th day of May, 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis Conncilmen Attest: Leo F. :Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Can-ied by the following vote: Yeas-Mayor Thoms, CouDcilmen Lundh, Stackis. Nays-Councilmen Brady, Just. mann. (Ordering Construction) RESOLUTION NO. 171.74 BE IT RESOLVED BY THE CITY OOUNCJL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 105-74 which was duy passed ÒJ' this Council, for the City of Dubuque 1974 Con. crete I'>1ving with Integral Curb Project No.1. Tenth Street from Locust Street to Bluff Street and intersection of 9th and Bluff Streeis. Contract No. 2 P. C. Con- crete Paving aud buiIding,s removal be and the same are hereby order- ed and constructed by Ibis Council upon its ""'" motion and. with or without the petition ()f property owners. All the work shall be con- structed in accordanee with the plans and specifications hereto- fore adopted and now OIl file in the office of the City Clerk. BE IT FURTHER RESOLVED that .the cost and expense of the said improvements be paid far from the RU.T. Fund, after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad. vertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 working days oIter notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity sha]1 he in force and effect from and ofter its passage and adoption by the City Council. Passed, adopted and approved this 6th day of May, 1974. Allan T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen Regular Session, May 6, 1914 259 .Mtest: Leo F. Frommelt Ctty Clerk Mayoo: Thoms moved adoption of .d1e resolution. Seconded by Coun. eilman LUndh. Carried by the fol. lowing v{)te: Yeas-Mayor Thoms, Councilmen Lundh,. Staekis. Nays-Councilmen Brady, Just- mann. (NecessIty for Improvement) RESOLUTION NO. 108.74 WHEREAS, proposed p I a n s, 'lPCCifieations, form of contract, plat and schednle have been duly prepared and approved by the City Couneil of the City of Dubuque ....d are MW on file in the office of the City Clerk showing among ..the¥ things the following: 1. The streets to he improved. ~. The width of sueh improve- ment, and the size and kind of sewers. 3. An estimate of the cost of the propœed improvement, stating the same for eaeb different type of construction and kind of material to be used. The City of Dubuque 1974 Con. crete Paving with Integral Cw-b Project No.1 Tenth Street from Locust Street to Bl"ff Street and inlersoeti.n of 9th and Bluff Streets. Cootract No.1, Traffic Sig- nals and Signing. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prQper- ty owøers,. d- it advisable and necessary for the public welfare to mat.. the "'rein mentioned im- --, - ~ IHroperty .......rs at the time of the fioal con- sideration of this proposed re""lu- ti.,.. baYO OIl. fil.. with the City Clerk Objections they shall be deemed w hay" waived all <>'11. jeet!ons thereto. Said improvements shan be coo. slruded. and done in ""cordance with the PJians and specificaiions wlrich have been Jlt'epared there- fore by' (he. City Engineer which ha... been appl'lWedby the City c..wciJ ami' are ntJW on me with the City Clerk. That the crost and exp!Me of making said improve- - will he paid ....t of the B.U.T. Fund. The above resolution ...a. intro- duce.. appnwed a.ud ordered plac- ed on file with the City Clerk tbis 1st day of Aporil, 1974. RECORD OF FIItAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, upon motion of reconsid. eration by the City Council this 6th day of May, 1974. Allan T. Thoms Mayor Emil Sta.ckia Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Lundh, Stackis. Nays-Councilmen Brady, Just- manu. Declsi- of Council upon oblec. tions to plans, specifications, form of contract ancl cost of im. provements. RESOLUTION NO. 172.74 WHEREAS, pr<lllOsed plans and specifications and form of contract for the City of Dubuque 1974 Can. crete Paving with Wtegral Curb Project No. L Tenth Street from Locust Street to Bluff Street and interestction of 9th and Bluff Streets. Contract No.1, Traffic Signals and Signing have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1973, pertaining to P'Lblic """traets and bonds, and the timo and place Ïu<ed for the hearing of all objec- tions to sai.d plans, specifications "" contract fOE or east. of such im. provements, said time. being this IIIh day of May, 1974; and WHEREAS, the City Council met in regular session this 6th day of May, 19174, at 7:30 o'elon: P.M. at UN> Coune;1 Chamben; in the City Hall for the purpose of hear- ing aU interested parties and eon. -ring any and all ob.jectioas whieh have been filed to the pro- posed plans, specifications or con. tract ~ or cost of the improve. ment 'bereiJJ described and _. posed to be made; and WIIBBEAS, all intzresled ¡DaII:ties have. been gï""" an opportw:lily 260 Regular Session, May 6, 1974 to be heard and aU objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon aU objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 6th day of May, 1974. Allan T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the foUowing vote: Yeas-Mayor Thoms, Councilmen Lundh, Stackis. Nays-Councilmen Brady, Just. mann. (Ordering Construction) RESOLUTION NO. 173.74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu. tion of necessity No. 108.74 which was duly passed by this Council, for the City of Dubuque 1974 Can. crete Paving with Integral Curb Project No.1. Tenth Street from Locust Street to Bluff Street and intersection of 9th and Bluff Streets. Contract No.1, Traffic Sig. nals and Signing be and the same are hereby ordered and construct. ed by this Council upon its own motion and with or without the petition of property owners. All the work shan be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file iu the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for from the Ru.T. Fund, after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the can. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed On or before 60 working days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolutiou being deemed urgent and of immediate necessity shan be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 6th day of May, 1974. AUan T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the foUowing vote: Yeas-Mayor Thoms, Councilmen Lundh, Stackis. Nays-Councilmen Brady, Just. mann. Communication of Gent M. Wit- tenberg advising that Robert Hamp- ton wilJ be present at the meet. ing to discuss the current status of the proposed downtown Ramada Inn, presented and read. Mr. Hamp- ton addressed the Council statiog he is unable to secure financing at the present time. Plans are close to completion, just waiting for money in the amount of two mil- lion fifty thousand dollars. Coun. cilman Stackis moved Mr. Hamp- ton be granted an extension of 90 days. Seconded by Mayor Thoms. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Luudh, Stackis. Nays-None. Communication of Playground and Recreation Commission sub. Regular Session, May 6, 1974 261 mitting minutes of their meetings of April 8th and April 16th, pre- sented and read. Councilman Lundh moved the communication be reo ceived and filed. Seconded hy Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of U.S. Army Corps of Engineers advising of meeting date changes relative to the twelve foot channel, May 8th at Quincy, Illinois, and May 9th at Davenport, Iowa, presented and read. Councilman Stackis moved tbe communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Juslmann, Lundh, Stackis. Nays-None. April 24, 1974 Mayor AUan T. Thoms Dear Mayor Thoms: Please accept this letter as my resignation as one of the City of Dubuque's representatives on the Northeast Iowa Area Crime Com. mission. It's with a great deal of reluct. auce I do this, but because of the press of other business and other activities I am in, I find it is necessary to do so. I've enjoyed it very much and find it a privilege to have served in this capacity. David L. Clemens Councilman Brady moved that the communication be received and filed and made a matter of record and the resignation be accepted with regret. Seconded by Council- man Lundh. Carried by the follow. ing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that Gret- chen Wa]sh be appointed as a regu. lar member of the Northeast Crime Commission. Seconded by Council. man Brady. Carried by the foUow. ing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Mrs. Allen Hedrick expressing appreciation for the recent passage of the noise Ordinance, presented and read. Councilman Stackis moved the communication be received and filed. Seconded by Mayor Thoms. Carried by the foUowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmanu, Lundh, Stackis. Nays-None. May 2, 1974 To the Houorable Mayor and City Council I have attached a copy of a no. tice of hearing received from the Bureau of Sport Fisheries and Wildlife. A hearing will be held at 7:30 p.m., Wednesday, May 8, at Hemp- stead High School Auditorium. The purpose of the hearing is to present survey resw!s and receive iuformation from the public with regard to a Wilderness Study con. ducted within the Upper Missis- sippi Wild Life and Fish Refuge. By CongretionaJ Act, Septem. ber 3, 1964, every roadless area of 5000 contiguous acres or more and every roadless island regard- less of size within the National Wild Life Refuge System must be surveyed, and, within ten years from the date of the act, reported to .the President as to the swtabil. ity for preservation as wilderness. An act of Congress is necessary to reserve an area as wilderuess. The wilderness designation does not remove or alter au area's status as a National Wild Life Refuge. A wilderness study has been made of the Upper Mississippi River Wild Life and Fish Refuge. ~he refuge was established by Congress June 7, 1924 for the prin. cipal purpose of providing a mi. gratiou habitat for waterfowl. It is 195,000 acres confined almost exclusively .to the flood plain of the River from Wabasha, Minnesota to Rock Island, illinois. I have reviewed a short "Sum- mary" of the Upper Mississippi River Wilderness Study and phoned Mr. Los Dundas, Wilderness Spe. cialist, Fish and Wild Life Service, Twin Cities, Minnesota. I report this limited information. The study encompassed the en- tire 195,000 acres of the refuge. As I understand it all non.terres. tria] habitats, about 140,000 acres, were eliminated as a wilderness possibility because of navigationál Regular Session, Ya, 6, 1971 I6S Regular Session. May 6. 1974 - Nays--Noae.. Petition of DAV Auxiliary Com- _tee reque.oting pel'lllissiou 'to sell forget.me-nots on Juty 26th an11 :nt!>, presented and read. OD>mdhnan .Just_moved tDe petititm be approved and ref<>rred to the City Manager for implemen. 13-. Secondðd by Councilman SIIldds. ClUTied by the following 'tOte: Y""s-Ilhyor Thoms, CoDneilmen Brady, Justma1\n, Lundb, Staclrls. Nays-None. Petition of Dubuque DoWDtowIl AB9ðeiation requesting permission to conduct Uæir .MUal garage aùe _nt ()1\ Saturday May 18th, pre. _red aM read. Co'lDlcllllWl Jnst- mannmoved the petition be ap.- proved and reft!rroed to the City M2mat!er for implementation. Sec- onded by C()'Œ1\ciIman Staetls. C81'- ried by the f()llowing -...to: Yea!l----1Þ1or 'Iboms, Councilmen Brady, .Justmllnn, Lundh, Staclris. Nays-None. Petition of Robert T. and Doro. thy Gibbs reqoest!ng rezoning of Lot 1 ill 1neg8ads &III. from Sin. gle Family to Mwtiple Residence Classifieatioo with ....pIton studio use, presented and read. Council- man Luoclt1 moved the petition be referred to Planning and ZOning Co-on. Se<ollded by Oow>cil- man Stactîs. carried by the follow- ing vote: YeaB-Mayor Thonu, O>ullâJmen Brady, Jmt1ll8lln, LUlUIh, Stactis. NBys-None. Petition of Peoples Natural Gas Co. requesting permissi<)n to -eJ<. eava.teat 9l\) W. 5th Stn!et to re- pair servite line, presenred and read. Mayor Thoms mm'ed the petition be granted. Seconded by CouncilIlWl Stackis. Carried by the following vote: Yeas-Mayor Tbonu, Councilmen Brady, Justmann, Lundh, Stackis. Nays-Nðne. Petition of Paul W. Gruber et al requesting the Councl1 to take appropriate aclÌ<>l1to rebwld the steps between Cooper Heights and W. 5tl1 Street, presented and read. Councilman Stackis moved to sus- pend tba rilles to let &ny"ne pre.. e... address the Council ü they sO desired. Seconded by Counciliww Brady. Carried by the following vote: yeas---aúyor Thoms, ColDltil..en Brady, .Justmann, L~ Stackis. Nays-N-. Paw Gruber addressed the Co,..,.. cil i:ahellla1f of hispeti1iJoa. QNa. eiImaD. Justmanu. -nod Kr. Grub- er's petitiOll be reœi""d and filed and ref_eel to the City Manager. See_d by CouociJmaD Lun4iL Camed by the foll"WÎDg v..te: Year-Mayor Thoms, Cow1cilmen Brady, Justmann. Lundh, Staekis. Nays-None. May I, 1974 Rono",ble MByor atlel CoUJIctbnl>n The petiti..n ..f the J)¡¡luXl> Mot!>l. InoorþOrated for annexation of Lot 2 of Lot 2 of Lot 1 of "Del'œte Cottage Court" and Lot 2 of Lot 1 of Lot 1 of Lot 1 (If Lot 1 of George Jeckfin Farm has been re. ferred to this offiee fòr inTestiga- tion and report. 'ntestaff !lias mll>Wed 1M ,eIi. tlon md has fotmd that the pr0p.- erties deoeribed are MUTOuAded by In""rporated ten1tory /)f tile CIty of Dubuq1le and had beeD omitted from earlier vol'!l1ltary at>- nemtioll!! In that &'tea. Due to .the relati~ly minOt nature of 1M mat- ter fls presented in the petiti()ll, atld beeanse of the prellS of time, we have eJected to ratUl'ft ou.r fa'tor. able staff reeomm<mdati<>n to you rather tha" submit tIl!> mat~ to CommJssio" reView. We trust that this will satisfy the purposes '" the 'Nferrel Daniel Dittemore De-relopment PlaiUl... May"r Th<>ms m...ed the e(>m- municationbe received and liled. Secunded by Councilman Lwtdh. Carried by the following vote: Yeas-Mayor TIwms, Councilmen Brady, Jus_, Luooh, Stadù8. Nays-None. RESOLUTION NO. 174-14 WHEREAS, tbe !JW11ers of 8D area inunoedi8lloly acijoiniDg the -..ly City limits "f tbe City of Dubuqne, Iowa, ha... petltióned the City Council to be voluntarily annexed to the CiIT of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled io secure the benefits '" City Govern. ment in the way of police and fire protection ü said temtory ia lit. corporated within the City Limits of the City of Dubuque, Io-õ and riøhts. Some "'000 acrœ of. ft>ur. Y~M.8J'or Too....., Council"'7" teen cl"""¡' areas for migrut ducks Snd,y, Justmann. Lundh, S_kia. are ""¡er and marsh situatiolls Nays-NoM. - were included ÌIt .(he acreate May 2, 19174 -umwtable w wilde"",ss. Also, T<> the. Honorable M)¡yor aDd -IS¡ ueaJI. ctiItes, water impound- Members oi the CIty Council . -Is, spoil me. ""Ii isIa;n& with I haveappr?~d the f°lJ:6wlUg roads or railroads ware eliouuted. bonds and polie18s and desire to The f.iading of the wilderness have:y<>ur appro.val of ~ S?b- study is that the area oflhe Upper ject to approva] of t1iII> Clt.y SoIiCl. Mississippi River Wild Lifo and \or- Fish Refuge is unsuitable for SIDEWALK CONS"fRUCTIOtI wildeme.... In ~ite of tlùs, If the BOMD patterns of spoIl deposits of ma. Ed_rd Ape}.Midwestern Cas. terial dredged from the chJ¡nnel ualty: & Surety Co. Bond. No.. 29418 for navi¡¡ation maintenance. were dated April 29, 1974. chan¡¡M, some 43,ðQO acres of land Kenneth Schromen.The Ohio Cas. showing wildl'rne~ characterlsti~ ualty Insurance eG. Bond NG. would be more eligible for admis- S1~ June 1, 1975- sion to the wilderness s~m.. GENERAL LIABILITY POLICY lJ1 œ){ phone co~versabonwtth Dubuqlle Stone Products CO..Bi- Mr. Dundas It was œd!cated that a tumin.OtlS Fire '" Marine Insurance Wtlderness. designation means .an Co. Policy No. GA '/38396, from area re.serve4 for wil<!erness mth January 3, 1974 to January 3, 1975. JaJId management options grea~ Gilbert D. Chavenelle c:urtailed. Tor example, JJD I!"""'ts at> Mauger cowd ~ Issued for fllrunng?r Councilman J'Bst:mal1iD _ved fil. IIW.It){ WtalIattons. Such penmts ¡ng be-appr...eeI sal>ject to ap. can. !Ie Isslled !n a wild lift! refuge. proval of tl>e City Atllomey. Sec. m: alsO ìn<öcated that if .dredg. ""ded by May<>r 'J:homs. Carried !nil were ¡n¡pro~d some 1~lan~s by th& folloW>Ì>t 901&: mlght meet. the ""lderness cnterla. Yeas-Mayor Thoms, Cmmeilmen !in Pool 11, at river mì!e i!93'»-393, Brady Justma.... Loodh, Stackis. ~, 601-603; in Pool I:!, near BelIe- Nays-N_.' vue, at river mile 55!l;!,-~565. Notice o.c Claim of Mrs. Earl W. '&> did Mt state the size of the Ko<tmeyer iu an undetermined area involved. . amount for pers<mal injuries reo Mr. Dundas seemed to. rod/cate eeived as ,the result o.f a fall on a that by 110t. rcoom.mending any defective sidewalk at 9tb & loeust wilderness. areas, a!,d beeause of Street on April 17, 1974., presen1ed the dredgIng. sttuatlOu, the matter and ned. Cowt<:Ölman Justmann VI8S .be!ng passed to. Con¡¡ress to 18>Vei the noü.e be refen:<!d to decide between wildeflless a.ud the Ci.ty s..liciw. Se<:oodedby dredgfng. C""""üm= LWldh. CartWl. by the Mr. Dululas explained that cbarts following "0"': and m<>l'e !nfi)rm.aU",!- would be Yea.o-¥aJor ThoB1s, CoW!cilD1en presented at the bearmf He ~I"" Braò)', Jt¡s~ Llmdb:. SlacJ¡j¡;" safd that he and tJte heanng offIcer Nays-None. l1V<>uld arrive at the Ho]jda){ Inn ~t Notice of. Claim of M!1s. Dorothy about 1:00 p.m. .aJld wowd be avail. Dutt...., filed .by Ii!eIInis E. Bober. abiAo to us during the aft:rnoon. son, Attorney, in tl>e aIlK>1ft of Written stateme!,ts for m.cluslOn IP12.!III fœ porsoaal IDj'QI'Ïes reo In the Offictal. Wilderneas ~ecord <en.. bw Mrs. Dutton ... tIIo result caJl be presented !'t the he.armg or of a fall utile aile)' on 11th StNet mailed to the relIDna1 director be- w-en Mail> ok blwa. due to icy tore .nme Hth. .....ütiom, on. Nnember ~, 11113, Gilbert Do Chaveael1e presented and read. Councilman Ci~ MaIlag"" Jllstmann Il1O1I'ed the lI<>Ike be re- ÇwnciJlnla'lJ: Ju.sU>anlt DJOMed tbe f'ermf to. the CiQ< Solicitor. Sœoml. _~a:ti.Gn be ~ved aDd ed by Councilman Lnn<ill>. Carried fiJed. Soeude4 b){ o.w.cil",IW 1I:r the fonovring Toll!< St.a/.:ÜS. CaErleti hM th& fallc>,.;"g Y~ Th<>ms, CeœKilmen "I}t¡o: Bray, JusWaJID, Lundb,. StackØ. -~..~~--~~---------_._.... .. """'--, 264 Regular Session, May 6, 1974 WHEREAS, the inhabitants of said territory will be enabled to I secure water, and other municipal services if said territory is in. corporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, 1973 Code of Iowa, authorizes the exten. sion of City Limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth development and preservatiou of the public health of the City of Dubuque, Iowa, makes it im. perative that said territory be )tm1de a part of the City of Du. bWlue,. Iowa; NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCTl. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubu¡¡ue, Iowa, be and they are hereby" ex- tended to include the area com. prising the following described real estate: Lot 2 of Lot 2 of Lot 1 of "De- Luxe Cottage Court" 0.193 acres and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, 2.245 acres Du. buque County, Iowa, according to recorded plat thereof. I Copy of which plat is attached hereto and by reference made a part hereof, the boundaries of said area being outlined in red thereon. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution together with the plat attached thereto in the office of the recorder in and for Dubuque County, Iowa. Section 3. That said territory be and the same shall be in and be- comè part of the Thirteenth vat. ing precinct of Dubuque, Iowa. passed, approved and adopted this 6th day of May, 1974. Allan T. Thoms Mayor C. Robert Justman James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. April 18, 1974 Honora.ble Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Block 8, Block 9, and Block 10 of Mettel- Bryne Addition in the City of Du- buque, Iowa. The Commission has determined that the final plat conforms to the apprûved preliminary plat of the Subdivision and meets all stand. ards of the Zoning and Subdivision Ordinances. The Commission has also noted that the City Engineer has approved plans for subdivision improvements. It is the recom. mendation of the Planning and ZOning Commission that the final plat be approved. CITY pLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved the com. munication be received and filed. Seconded by Councilman Lund:h. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 175-74 Resolution approving the plat of Block 8, Block 9 and Block 10 in, Mettel.Byrne Addition in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 8, Block 9 and Block 10 in Mettel. Byrne Addition in the City of Du- buque, Iowa, by Mettel Realty & In. vestment Co.; and WHEREAS, upon said plat appear streets to be known as Aurora Street and Admiral Street, together with certaiu public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and ZOning Commission and had its ap- proval endorsed thereon; and wHEREAS, said plat has been examined by the City Council and they find that the same couforms to statutes and ordinances relating Regular Session, May 6, 1974 265 thereto, except that street grades have uot been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedications of Aurora Street and Admiral Street together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 8, Block 9 and Block 10 in Mettel. Byrne Addition in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City-Clerk are hereby authorized and directed to endorse the appro- val of the City of Dubuque, Iowa, upon said plat, provided the owners of said property hereiu named, exe- Cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Aurora Street and Admiral Street with bi- tuminous concrete, or with con- crete paving with integral curb, all in accordance with City of Du. buque standard specifications; lb. To install sanitary sewer mains and sewer service latera]s in accor. dance with plans submitted with the plat; c. To install water mains and wa. ter service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the in- spection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im. provements for a period of four (4) years from the date of their accep- tance by the City of Dubuque, Iowa; 'h. To provide the foregoing con- struotion aud maintenance at the sole expense of the Subdivider, Met. tel Realty & Investment Co., as own. er; i. To construct said improve- ments, except sidewalks, prior to April 22, 1976, and to construct the sidewalks prior to April 22, 1978; and further provided that said Met. tel Rea]ty & Investment Co., as own. er of said Subdivision, secure the performance of the foregoing con- ditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Met. tel Realty & Investment Co., shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the .acceptance of the de- dication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 6th day of May, A.D., 1974. Allan T Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 175-74 We, the undersigned Mettel Real. ty & Investment Co. having read the terms and conditions of the fore. going Resolution No. 175-74 and be- ing familiar with the condi,tions thereof, hereby accept the same and agree to perform the conditions re- quired therein. Dated at Dubuque, Iowa, this 9th day of May, 1974 METI'EL REAL- TY & INVESTMENT CO. by C. E. Mettel, President and Lorraine Klumpp, Vice.Pres. TO: Leo F. Frommelt City Clerk. This is to certify that the se. curity provided by the foregoing RESOLUTION NO. 175.74 has been furnished by the owners. Dated at Dubuque, Iowa, this 3rd day of June, 1974. IslGilbert D. Chavenelle City Manager percent of base rate for each six (6) years of continuous service. -Improved vac3tion schedwe. -Additional holiday to equa] number of holidays given other City employees. -Extension of new and im. proved insurance programs af. forded other City employees. Respectfuliy request your af. firmation of this Agreement by adopting the attached resolution. Gilbert D. Cbavenelle City Manager Councilman Stackis moved the communication be received and filed. Seconded by Councilman Bra- dy. Carried by the following vote: Yeas - Mayor Tboma, Council- men Brady, Juatmann, Lundb, Stackia. Nays - None. RESOLUTION NO. 177.74 WHEREAS, the City of Dubuque, Iowa through its City Manager aDd Transit Board of Trust..s bas been negotiating an agreement relating to wages and working conditions and other employee benefits with the Amalgamated Transit Union, Division 329, AFL-CIO; and WHEREAS, the parties have reached a stage in said negotia- tions where a Memorandum of Agreement among the parties Is to be executed; and WHEREAS, the City Manager and the Transit Board of Tru.tees of the City of Dubuque, Iowa have executed said Memorandum of Agreement on behalf of the City of Dubuque, Iowa and such signing of said Agreement should be ratio fied and confirmed; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the signing of the Memorandum of Agreement by and between City Manager and Transit Board of Trustees for the City of Dubuque, Iowa and the Amalgamated Transit Union, Divi. sian 329, AFL-CIO be and the same is hereby approved, ratified and confirmed. Passed, approved and adopted this 6th day of May, 1974. Allan T. TholUS Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen 266 Regular Session, May 6, 1974 Regular Session, May 6, 1974 '}ff'{ RESOLUTION NO. 176-74 Resolution approving Vacation Plat of 10' Utility Easement In Lots 13 and 1-14 in West Side Manor Subdivision In the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk of Dubuque, Iowa, a vacation plat of a 10' utility easement in Lots 13 and 1. 14 in West Side Manor Subdivision in the City of Dubuque, Iowa; and WHEREAS, said vacation plat has been examined by the City Council and they find same can. forlUS to the statutes and ordin. nances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scrihed vacation plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said vacation plat. Passed, adopted and approved this 6th day of May, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Stackis. Nays - None. Abstain - Councilman Lundh. May 2, 1974 To the Honorable Mayor and City Council Attached is a Memorandum of Agreement arrived at by the City Manager's Office and the Transit Board of Trustees for the City of Dubuque and the Amalgamated Transit Union, Division 329, AFL- CIO, representing bus operators in the City transit department. Listed below are some of the major highlights of the Agree. ment: -Wage rate increase to $4.30 per hour for journeyman bus operator. -Extension of longevity pay to this group at the rate of one (1) Attest: Leo F. Frommalt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Brady. Carriad by the fol- lowing vote: Yea. - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - Councilman Justmann. May 3, 1974 To the Honorable Mayor and City COUhcil Re: U.S. Highway #20 at Grandview Avenue Resignailzation Project concerning the lObo"" project which was approved hy the council 011 April 29, 1974, as part of the 1974 Concrete Paving Project #2, we should return two copies of the attached agreement to the Iowa State Highway Commission by May 10, 1974, for commission approva]. Gilbert D. Chavenelle City Manager Mayor Thoms move¡¡ the com. munication be received aad filed. Seconded by Councilman Luudh. Carried by the foUowing vote: Yeas - !lÞyor Thorns, Council. men. Brady, JuslnllUt1l, Lundh, ~cki... Nays-None. RESOLUTION NO. 178-74 NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL 0.. THE CITY OF DUBUQUE, IOWA: That the Mayor and City Clerk be and they are m,reby authorized aD<! dir<eWed to execute agreements dated 6th of May, 1974 with Iowa State Highway COmmission, a C()py of whicl1 Agreements are attached, respectiag the Ø""ncing, planning, establishment, improvement, main- tenance, use on. regulation of pub- lic improvement in. their respec. tive jurisdiction, and it is the ""~nt of tlm parties that Iraf- f1t signals be installed, in ac. cordance with the fiscal 1974 Co- ,,!*,ative CIty Traffic Signal Pro-- Wi'1iIn, at the intersection of U.S. Highway #20 and Grandview Ave. Passed, approved and adopted this 6t/¡ day of ~. 1974- Allan T. Thoms Mayor James E. Brady c.Robert Juslmann Alvin E. Lundh Emil Staclds CoUDcilmen 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, Justmann, Lundh, Stackis. Nays - None. May 3, 1974 To the Honorable Mayor and City Council This Is to advise you that the Sanitary Sewer constructed in East 4th Street Extension, a distance of 1,280 feet, has been suhstantially completed in accordance with plans and specifications by Tschiggfrie Excavating of Du. buque, Iowa. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com. munication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays - None. Final Estimate RESOLUTION NO. 179.74 WHEREAS, the contract for the construction of EAST 4th STREET EXTENSION SANITARY SEWER has been completed and the City Engineer has submitted his final estimate showing the cost thereof inciudiug the cost of estimates. notices, inspection, and preparing the assessment and plat, now there. fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve went is hereby determined to be $16,309.02. That $12,069.81 of the cost there- of sha.J1 be assessable upon private property and. $4,239.21 shall be paid. from the sanitation Fund of the City of Dubuque. Passed, adopted and approved this 6th day of May, 1974- Allan T. Thoms Mayor lames E. Brady C. Robert Justmann Emil Slackis Alv... E. Lundh Councilmen 2ß8 Regular Session, May 6, 1974 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 180.74 WHEREAS, the contract for the construction of EAST 4th STREET EXTENSION SANITARY SEWER has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the can. tract, plans and specifications and recommends its acceptance. now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvem6l1t and file the same in the office of the Citv Clerk subject to public inspectiòn and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there. for, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the ahove de- scribed improvement in amount equa] to the amouut of his can. tract, less any retained percentage provided for therein. Passed, adopted and approved this 6th day of May, 1974. Allan T. Thoms Mayor James E. Brady C. Robert JuStmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 182.74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE D.B.Q. Inc., dba Shot Tower Inn, (and Sunday Sales), 390 Locust Street John F. Hall, dba Bar X (and Sun- day Sales), 2616 Windsor Avenue Passed, adopted and approved this 6th day of May, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 181.74 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 Regular Session, May 6, 1974 269 following applications be approved and licenses issued upon the com. pliance with the provisions of Chapter 131, Acts of the First Reg. ular Session, 64th Genera] Assem. bly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE D.B.Q. Inc., dba Shot Tower Inn, (and Sunday Sales), 390 Locust Street John F. Hall, dba Bar X, (and Sun. day Sales), 2616 Windsor Avenue Passed, adopted and approved this 6th day of May, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Jusimann, Lundh, Stackis. Nays - None. RESOLUTION NO. 183-74 WHEREAS, City of Dubuque. Iowa and the Chicago, Milwaukee, St. Paul and Pacific Railroad Com- pany entered into an Agreemeut on November 4, 1968, covering the terms and provisions of the de- velopment of railroad service in the Industrial Park in the City of Dubuque, Iowa as related to the Marill Chemical Company area; and WHEREAS, it has been deter. mined and based upon the actual experience in usage that said Agreement should be replaced by a new Agreement; and WHEREAS, a new Agreement by and between City of Dubuque, Iowa and Chicago, Milwaukee, SI. Paul and Pacific Railroad Company, a copy of which is hereto attached and by reference made a part hereof, which in suhstance cuts the track area approximately in half and totally eliminating the tract and easement therefor in the vicinity of the real estate proposed to be sold to Wm. C. Brown Com- pany Publishers same showd be approved: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Agreement by and between the City of Du. buque, Iowa and Chicago, Milwau. kee, SI. Paul and Pacific Railroad Company transmitted by letter of transmittal from said Railroad Company dated April 1, 1974, a copy of which is hereto attached marked Exhibit "Au and by refer. ence made a part, hereof be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa and that same be transmitted forthwith to the City Attorney for trans- mittal to the said Railroad Com. pany for the execution by the Railroad Company. Passed, approved and adopted this 6th day of May, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second. ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. Councilman Lundh moved to adopt the concept of the Mayor's Industrial Advisory Committee can. sisting of the Mayor, City Manager, Industrial Bureau Manager, Dock Commission Chairman, representa. tive of Labor, and the Environmen- tal Movement, Planning & Zoniog Commission Chairman, City Coun. cilmen, and the Chairman of the Board of Supervisors. Seconded by Councilman Justmann. Carried by the fallowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Mayor Thoms to the Governor requesting veto of Special Seuion, May 13, lQU ~71 1170 Règular Stošsion, MAy 6, 1914 lllnate FIle a1 tG tempt property Yeaa - Jllayor Th<>ms. Council. W< fllOllitil!8 used to control air men Brad¥, Juslmann, Lun4h, IUIÜ wattt' pollution, presented and Stackis. read. Councilman Justmann tt\G'l'Cd Nays - None. Ihe.communication .beapprove.d. At 10~:O P.M:. Mayor ThOlDs Sec"!'detlby Gouncil!"anStackis. moved for Council to go into De. Carned by the foUowmg vote: cutive Session to consider appoint. YIIu ~ Meyor Thoms, Council. ment to nolt11lJl and Cott\mi~stons. mea liNdy, Jìlslmann, Llmdk, seconded bY Councilman brady. iltaekiJ. Cllrrìed by the fofJo'wing vote: t;'iIJS ~ NGII.t. Yells ~ Mayor 1'hbtt1~, Council. CòullCillnäi1 Justmann Inoved the men Brady, Justmann, Lundh, CIty Solltltbr be lIuthbti'ted to StIlCtiS.- l't!Þrè$ellt the Clt1 in the A111etÎcah Nllys -:--. No!l.e. Legion beer--liquor license IIpþèàl Council reconvened at 10~31 P.M. \0 1>0 lltid in net !lbinl!s. setotlded Mayor ThomS .moved to a~polnt II)' CIIul1t!llmal1 tAmdk, Cartied by Jerry .It?Þesdde to the Al"1'°rt we fIIIlOwihl! vc>ta: ConmusslOn to 1111 the unexpIred . term of WID. Clemens. Seconded 'nos ~ Mayor '1'hbtnil, Coul1cll. by Councilmllll Lun4h. Carried ,by !lien brað:t. Ju~t!\\.lIn, Lundh. the followtllil vote~ Nays - Counellmall Stackis. Yeas - !layor Thoms, Council- Majol' Th61n8 moTed the Chief men Brady, Justmann, Lundh, ef PvII.ce end Mayor be e..th..ized Stackis. to negotiate operational and pro. Nays - None. eedutel -p.a with the State ~n~ The", being 110 further business, County Mative f» a p.ropose<i Ml111. Mayor ThoII1ll Þ1oved to adjourn. Alcohol Safety Action Program &!conded by CaunciJman Just- (ASAí'). Secondeò. by Councilman manu Carried by the foUøwiug Stackis. earned by the following 'rllte:' vote: ~ ~ Mayut ThOll18, Collmm- Yeas - MaJor Thoms, Council. men Brady, Justmann, Lw:odll, men Ikody, J_!mann, Lundh, Stackis Stackis. Nay.' - None. Nays - None. Leo F. Frommelt Councilman IIr1l1!y moved that âty Clerk the Engineering Department and Str~\ Depà1'tmellts be instt'Ueted I \11 ptðcetltliÌ bmI1edlJl.tely WIth the Approved ,..........,.................m.. 1974 m1þþln-g 1IIId IIlU\tlIIg'S <>11 tbe University Ave., toras 'Blvd., and I . Mbùl'ÿ J1d. eobflúellêè, to so elar. Adopted ...................................... 1974 tty IiIld Idelltlty the ititè!ìt ot 'the four lane traffic that is ill ètteN at present. SecotCdei'l by Council. '/natl Ll1htlh. Cattied b:t the !òHow. ¡"Ii \>I)tet 'll'e1l. - ~àyt>t '1'hòms, CòUl1CÚ. lllèl\ 'ßrady. Justmlillh, 'Lubtlh, $tåtkiS. Nàys - NOlIe. 00Iìnd.- lltadý ~ 1iAat UIe CiU' M~ ~d Eftg\Øortng DepllrtaWt ~'A t.-diAt<e iJI. "",ttlijaüoa ef Ute -li'etlÐ!l!. ~f III.dèälb oa .. F. It. RðAtI MI tll\! west side of the ~treét ftOlIl Pè'/lll.. I4'lvaill iA'<1e. \0 1M .an eIltbnce -- of _mlm Ri>IiIi, ant ft. port back t<> the Council iJI ~ near future. SecOlt\k!t by .Kayor 'l'Iloms. Carrieè by tØfoa-ing vote: CITY COUNCIL Mettel LiBk Hub. iB valuo, If it is being c.....idored ill the Jll'Oposed wideniBS ef J. 11'. K. Road, present- ed and rea~, ColmeHlIlan ,Justmann 1ß0vetl tile CQQlIllllpjça!iQII be .... celvetl apd tiled. anq refern4 III tile City ltf8JIa¡er. ~ecQpdetl by GQuncilmiln I.lIni!ll, ~Qd by tile fQUOwill¡: yote; ye¡¡¡¡ ~ M:aYQr Tbgmi, Coupe;¡. me" lIrady, Jllstmïm1l, WII<1b, Stacl\ia, Nay' ~ Nøne. Communication of 10'" nt","- mollt gf EnVÏ-rQBmental QllaJiq. apo PrQvmi tile IIJ1Îtal'Y alld f\lllQÜOllai foatlll'OI <If watt' mllÌll "IttI!3ÏO!l all PJIla " n.lmQllaQ\I Imy" Weatcboater !1Ih«tvl4!oll, 1ll'elellWd 8Jld ....d. ¥/Iyor Tbol1l. mllved tIIf communicatiQII bel maived IIIId ruod, lkeoJldoci by CoUlleillP,n Lundh. Carried by the IQll~ilUl vote: Yeas ~ Mall>r '!'Mms, Council. men Brady, JUlitmann, Lundh, Stackis. Nays - None, Communication of D11buquo Am- bassador. requeatiai tI1t! QQuncil III aet QI , "'11011111011 (lasiB!l,tiu their QrlaniMUPII aa SJle"-aOI1 Of a PIll1l1qlle 3IItry ÎI! the IQwa C/Im. m\lllÎty ijatterm~Bt Prl>~'1111 fe' 1//74, p,""sonl4d ",-Ii 1'O'Id, CQUllej, man Iìl4ckIJ ßllIVed III S\IIP3!III Ule 1'\11.. III let MIIYO!\e Pl'OlIi!nt elldm. the Council ü they so Ctfi.... ea. onded by CouncUmlll Lundh. Car. ried by till> tollQwilll vote: Yeas - MayO\' Thoms, Council. IIliIl Brady, JU&tmllllll, ~dþ, Stac]¡IJ, NMy~ - NQl, R.ebt!rt ÐørotJ¡y aQII QeQ'le I>eI\. ill- spe~ Q bahalf ef tile p¡¡.. buque Ambes$I!4Q,s Bnll ,",ploilted III tIll CIIII"-ci1 tile fummoll' of t\l8~ OfIBII~ettOll. TIley '¡iii! IIted t\l8t 4 city etfiøW bt! d/)ijgutell as a member. C. Robert Jtmom1 wu OPpojutel!a fllll and lUlttve member of tile Ambass.~nI. COWl. cilman Lundh moved adoptmn of the resolution and iuvited tJ", Am. bll/lfll<lors 10 come back at a later meeting when tl1ey h;Iv.e ,vie1\e(l Ii project. Seconded by OIPlWijn¡iIl StII!:¥i~, Cmjed b» Ibe f¡>IIllWillg vQte: ¥- - ]JaYØ1 TIw!IIJI, Co\lllc¡¡' men Brady, JustmaIJ, J.U@, ~¡PS. Naye - Nou. OffiCIAL Special S....loR, May 13, 1974. COUROn met at 7:30P.M. (C.D_T.) Pre",Rt - Mayor Thoms, Coun- climeR IIrady, JustmaRR, Lun<lh, Sta.ki.. City MaRager Gilbe.. D. Chaveno"e. Mayor Thoms read the call ud stated thet "\'Vict thereof IlJd been dUly mille IJd \hi. n¡eetin¡¡ is caUed for the purpose of aetWi upon such business IIØ may prpper- Iy COBle bell>re this meeting. Mayor Thoma subrnitted a varbal report on his trip to Charleston, Sðuth Carolina, and presented tbe CIty with a nag aJtd literature about Charleston. CoUlloUmIll JuotmaDll moved tlul literature alld flag be received _lid filed. !kIa. ""ded by CounoilmaB LUlldh. ~. rlød by the fellowing vote: 'leu - Mayer Thems, COl1l\eI1. m... Brady, Juatmann, LU!\cIh, Stactlo. Nay. - None. Cemmuftication of Interstate Power Company submitting notica of electric service rate change of. fective May 31, 1974, p....sented and react. "fayor Thomø moved the O81Iln¡UI¡ie.tl8tl be r<!ceivad and me<! and ....ferred Ie the City At- tprftey. Seeendect by CeullciJman Lulldh. Carl'!ed by the followiJIg VMe: ye.. - Mayor ThOlllS, Council- lDen Brady, JuatmaDll, Lundh, Staelds. Nays - None. Col1))1IJlic~!iPII of Iowa St¡¡te ItIg!¡.WQ'y C/JIlll\ÎssiJ¡ $Ub¡¡¡ltt\1lg p¡pppsed rilles rejetin¡ tQ relocQ' 11011 ;\.ssl!;tmce tq aU COIIty Au. cUtoro all4 City Clerþ ill ,the ac- C¡1I1~ition Qf property, preselte4 I\II<! reQ4. Collnciln¡an Llllldh lIIOyed tile communication be re- c~V\!\I. ¡¡pd tiled and referred t/ tbe ç:ft» Manag¡!f. Seconded by C01!llcUmøp$teçkls. Cø!Tied by the fol1owJn¡: vote: X- - May9/' ';J'¡øm:;, ÇpulICiI- ~kif~radl" Juslmanll, Mullllb, NilY~ - Np¡¡~, eo-lliceUoÐ of Delos 4. Dor- '¥ür, feøÏ$ti¡¡ the cemokte de. IItr1IeI:ioJI of LIlt 10 BIocà: 3 of .........................................................". J4a¥0r ..,.."........,.....,..."................................. m""""""""""""""""""""""""""""" ............".......................""................... ..,.......,............~"..._.._....,....,............ Cøunoilmen A~: 'ê\'t;"ëï~~k""""'Y""'-"'~""""""'" ,.."'.. 272 Special Session, May 13, 1974 1974 Iowa Community Betterment Program ENTRY RESOLUTION Due May 1, 1974 The City Council responsible for the affairs of Dubuque, Dubuque County, Iowa, hereby resolves to endorse the Dubuque Ambassadors as the sponsoring organization for the City of Dubuque, Iowa, in the Iowa Community Program and au. thorizes it to enter the Community Awards Competition on behalf of the community. This official body also hereby desiguates one of its members, C. Robert Justlnann, as a full and active member of the Dubuque Ambassadors to serve as the offi. cial liaison of this body with the Dubuque Ambassadors. . passed and adopted this 13th day of May, 1974. Signed, Allan T. Thoms Mayor Attest: Leo F. Frommelt City Clerk CERTIFICA TION I, Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby certify that the above and foregoing is a true and correct COPY of the resolution passed and adopted by the City Council of Dubuque, Iowa, on the 13th day of May, 1974. Signed Leo F. Frommelt City Clerk Communication of Peoples Nat. ura] Gas submitting revisions to its current late payment penalty procedure to comply with recent Iowa Commerce Commission order, presented and read. Councilman Lundh moved the communication be received and filed. Seconded hy Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. May 10, 1974 Honorable Mayor and City Council I am returning to you the peti. tion of Barb Wuelling about the 35 MPH speed limit at Hempstead High School. I am enclosing a letter from Chief O'Brien which explaina the history of traffic regulations in the area and the patrol we carry out at heavy school traffic hours. Because of our control activities I do not recommend that the speed regu]ation be changed. Gilbert D. Chavenelle City Manager Councilman Lundh moved the communication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. May 9, 1974 Honorable Mayor and City Council I submit to you a copy of a contract with Spectra Associates Incorporated which I have re- veiwed and sigued. I request your approval of my action. I signed the contract so that it could be presented at a May 8th N.E. Iowa Area Crime Commission meeting as a solicitation for avail- able federal assistance funds to pay part of the cost of communica- tions equipment for the County. City Law Euforcement Center. The contract is for the service of desigu checking our police radio network, the sheriff's network and specifying the communication and recording equipment needed at the Law Enforcement Center. The work must be done promptly and has been so scheduled. The con- tract is based on a cost of services rendered, not to exceed a price lhnit of $3,700.00. It is expected that the county will share a par. tion of the cost. Over the past weeks I have met with Chief O'Brien, Sheriff Mur. phy, and the County Supervisors about the communication equip. ment for the Law Enforcement Center. We attempted to solve the problem by reviewing the proposal of an equipment manufacturer. This method has proved inadequate because we could not determine our needs, nor could materia] spe- cifications be developed for bid. ding. We are mindful that we have reached the thne for going ahead, since the building will be available by the end of August and it will take about this time to receive the radio equipment. We believe that the Spectra contract represents a 273 Special Session, May 13, 1974 proficient way of getting the job done. I would like you also to know that about a year ago I allocated a reserve of $50,000.00 for the purpose of moving into the Law Enforcement Center; for moving lexpense, for furniture and for communication equipment. At a later time, when estimates are available, I will ask you to make the proper appropriations to the budget. It is this source of money wWch I will use to pay the city share of the Spectra contract. Gilbert D. Chavenelle City Manager Councilman Stackis moved the communication be received and filed and agreement approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. . Nays - None. the John F. Kennedy Road inter. section. Respectfully, Gilbert D. Chavenelle City Manager Councilman Lundh moved 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. May 9, 1974 Honorable Mayor and City Council The staff has made brief reports to you during our inspecti<m trips earlier this year of our interest in investigating the feasihility of a mwtiple-use hnpoundment struc- ture on the North Branch of the Catfish Creek in the vicinity of the westerly City Limits. The Soil Conservation Service of the United States Department of Agriculture has been instrumental in efforts to study the feasibility of this project. Representatives of the Soil Conservation Service will be present at your meeting of May 13th. We request an opportunity to discuss the project with you at tbat time and will seek your au. thorization to make application on behalf of the City for preliminary engineering design services as may be provided by that agency. Gilbert D. Chavenelle City Manager Councilman Justmanu moved the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. State Representatives of the Soil Conservation Commission along with the local representative ad. dressed the Council relative to the proposed lake project on the north fork of Catfish Creek at the City limits and beyond, north of Penn. sylvania Avenue. They discussed conducting Planning Survey, Work Plans, Flood Routing, Contract Plans, Maps, and Economic Ana]y. sis. The Soil Conservation Com. mission cowd not let the contract. May 10, 1974 Honorable Mayor and Members of the City Council Please be advised that I have approved the Sidewalk Construe. tion bond of Cletus Palm and de- sire to have your approva] of same subject to approval of the City Solicitor. Bond No. 29422, Mid. western Casualty & Surety Co., dated May 6, 1974. Gilbert D. Chavenelle City Manager Mayor Thoms moved filing ap- proved subject to the approval of the City Solicitor. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. May 10, 1974 Honorable Mayor and City Council I return to you a petition about Sunset Park Circle. I believe that the requests of the petitiou have been essentially taken care of and that no further action is necessary. I attach a copy of Chief O'Brien's letter indicating that the storm flow across the street has been taken care of and that parking has been removed 30 feet back from 274 Special Session, May 13, 1914 RESOLUTION NO. 184-74 A resolution approving the c0n- cept of certain soil and water conservation facilities in the w... tershed of the north fork of Cat. fish Creek and directing the staff in cooperation with the Soli Con- servation Service to davelop a de- tailed program on said facilities. WHEREAS, the City Council of the City of Dubuque, Iowa has a concern for the proper use and de- velopment of soil and water re- sources; and WHEREAS, the City Council of the City of Dubuque, Iowa is aware that urban development is proceed. ing within the watershed area of the North Branch of the Catfish Creek; and WHEREAS, the City Council of the City of Dubuque, Iowa has re- ceived a presentation on .the project from the staff and the Soil Conser- vation Service. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the concept of the project is herewith approved and the staff and the Soil Conservation Service are directed to prepare a plan of operation and complete de- tailed engineering plans and speci. fications on the project. Pasaed, approved and adopted this 13th day of May 1974. Allan T. ToolUS Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Iowa Depart- ment of Agriculture rescinding their order of cancellation as is- sued on December 18, 1973, relative to contract to inspect Grade "A" milk under Chapter 192, Code of Iowa, presented and read. Council- man Lundh moved the communica- tion be received and filed and reo ferred to the City Manager. SecoJid. ed by Councilman Juslmann. Car. ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Notice of Appeal of John C. and Margaret Duffy from the appraisal and award of damages with respect to the taking of Eminent Domain Proceedings anN. 28' of City Lot 639 and the South 23'2" of City Lot 639, and Lot 2 of the N. 11'8" of City Lot 640, damaged in the amount of $62,000., presented and read. Mayor Thoms moved .the notice be referred to the City Solicitor. SecoOOed by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men BradY, Justmann, Lundh, Stackis. Nays - None. Notice of suit of Judy A. Kramer in the amount of $30,000. plus ac- tual and punitive damages as the re- sult of seizure of a 1966 Pontiac Ca- taina on November 26, 1973, by the City, presented and read. Mayor Thoms moved the notice be referred to the City Solicitor for proper in- vestigation and report. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmaun, Lundh, Stackis. Nays - None. Notice of claim of Ralph C. Elley Jr. in the amount of $53.40 for ear damage incurred as the reswt of striking a defective manhole cover in the street at Primrose and Kco. kuk Street on May 8, 1974, present- ed and read. Mayor Thoms moved the notice be referred to the City Solicitor for proper investigation and report. Seconded 'by Council- mau Justmann. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justruann, Lundh. Staekis. Nays - None. May 9, 1974 lion. Mayor & City Councilmen On August 17, 1973, City of Du- buque was served with Original No. tice with Petition attached of Doyle W. Fonley aJid Marilyn Fonley as plaintiffs against the Incorporated City of Dubuque, Iowa as defendant, filed in the District Court of Iowa -~~_._~~~~ -- . Special Session, May 13, 1974 9:15 in and for Dubuque County as Law Number 6674-L; and claiming judg. ment therein against the City in the amount of $1405.43, and alleging said damages arising out of negli. gence on the part of .the City in fail. ing to provide a filtering device in manholes in tbe Va]entine and Cody Street area causing sewer backup damage to the plaintiffs. Tbis matter was referred to the appropriate City agency for the de- feuse thereof and the City Attor. ney's office was advised on May 1, 1974 that said matter has been set- tled and disposed of by the carrier for the City of Dubuque. Copy of Original Notice with Pe- tition is returned herewith. R. N. Russo City Attorney Mayor Thoms moved the com- munication be received and filed. Seconded by Councilman Juslmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. May 8, 1974 To the Honorahle Mayor and City Council An ordinance is presented for your consideration wbich will re- quire vehicles to stop on Washing- ton Street before entering the East 24th Street intersection. In support of this proposa], I sub- mit a copy of a letter from Chief O'Brien and a note from John Grau. I recommend that the ordinance be passed. Gilbert D. Chavenelle City Manager Councilman Juslmann moved the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 36.74 An ordinance amending Ordi. nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended. by enacting. new Subsection 20 to Sect>ion B of Schedule III thereof to provide that northbound and southbound vehicl.. on Washington Street must stop before entering the in- tersection of East Twenty.fourth Street and Washington Street, presented and read. Councilman Justmann moved that the reading just had be cousidered the first reading of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms Council. men Brady, Justmann: Lundh, Stackis. Nays-None. Councilman Justmann moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. ORDINANCE NO. 36-74 AN ORDINANCE AMENDING OR- DINANCE NO. ""'9 KNOWN AS THE "TRAFFIC CODE OF DU. BUQUE, IOWA" AS AMENDED, BY ENACTING A NEW SUBSEC. TION 20 TO SECTION B OF SCHE- DULE III THEREOF TO FROVIDE TIIAT NORTHBOUND AND SOUTHBOUND VEHICLES ON WASHINGTON STREET MUST STOP BEFORE ENTERING THE INTERSECTION OF EAST TWEN- TY-FOURTH STREET AND WASHINGTON STREET. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Sec<ion 1. Th" O,din,n" No. "-49 known" th, "Tuffk Cod, of Dubuqu" low," " ,mend,d, b, ,nd ,h, "m' i, ho«- by ,m",dod by ,nacting , now ,ub"ccion 20 '" S""cion B of Sch<XIuI, III th"wf " follow" "Sch,dul, III B. Nonhbo=d ,nd Southbound ve- hicl" mu" "op bolo" ,nming th, int"""'tion of, 20. E", Tw,nty-Founh ,nd W"h- ington Sm."." P",<XI, 'pp,oYed ...d "Iopted thi, 13th d,y of M,y, 1974. AII,n T. Thom, M,yo, C. Rob"t Ju"m'nn AI.;n E. L=dh Emil Stocki, J'"'" E. Budy Co=cilm", ATTEST, L,o F. FtO=clt City cI"k Publi,h,d offici,lIy in th, Td,guph H",Id N,w,p'p" thi, 16th d,y of M,y 1974. Lw F. F,ommdt City CI"k It. 5-16 276 Special Session, May 13, 1974 Councilman Justmann moved fi. nal adoption of the resolution. Se- conded by Councilman Lundh. Car. ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmaun, Lundh, Stackis. Nays-None. May 8,1974 Honorable Mayor and City Council The City. Council, on April 8, 1974, adopted as a Public Hearing Ordinance 25-74 for the purpose of amending the budget as approved by Ordinance 1.74. The adoption of Ordinance 25-74 was necessary to provide appropria. tions for funding projects carried forward from previous years and for funding projects undertaken since certification of the current budget. In the publication notifying the public of a Public Hearing relative to the amendments in the budget, we identified the increased expendi- tures in the budget for a 12 month period, January 1, 1974 throngh De- cember 31, 1974. The State Comp- troller's office has UQtified us that since our original budget was certi. fied for the period January 1, 1974 to June 30, 1975, that our public no- tice should have reflected the change in proposed expenditures for this 18 month period rather than! the 12 month period. The State has recommended, that in consistency with the Code, we repeal the action taken by the Council on April 8 and republish, hold another Public Hearing and adopt a new Ordinance. We are therefore requesting that you authorize us to proceed with puhlication of the proposed Ordi. nance, establishment of a date for a Public Hearing and then your ap- proval of this Ordinance as present. ed to y<Ju. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com- munication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. An ORDINANCE amending the Budget as approved by Ordinance 1. 74 and repealing Ordinance 25-74, presented and read. Councilman Justmann moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the fol- lowing v<>te: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh. Stackis. Nays - None. Councilman Justmann moved that the rules be suspended requiring an Ordinance to be read on three se- parate days. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Councilman Justmann moved that a public hearing be held on the Or. dinance on June 3rd, at 7:30 P.M. 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 Mayor Thoms. Carried by ,the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. May 8, 1974 Honorahle Mayor and Councilmen At your meeting of April22nd the proposed form of ordinance for the zoning reclassification of property described as Lot 2 of "Westside Ma- nor Place" and Lot 13 of Block 4 of "Westside Manor Subdivision" in the City of Dubuque, Iowa, was reo ferred to our offices to be revised according to your intent to accom- modate a portion of the petitioner's original request. We understood from your discus- sion of this matter that the Council desired to hold 'a public hearing which could consider commercial use on a portion of the property as had been proposed for a donut shop. The attached Ordinance reflects that intent by providing for Loca] Business "A" District classification on the southerly 100 feet of the property and by permitting off- street parking or professional of. fice development on the remain. der. We trust that this is consist. ent with your intent. Daniel Dittemore Development Planner R. N. Russo City Solicitor Special Session, May 13, 1974 277 Mayor Thoms moved the com. munication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. AN ORDINANCE amending and changing ordinance No. 3.34, known as "The Zoning Ordiuance and Zoning Map of the City of Dubuque, Iowa," so as to change certain pro. perties hereinafter described from one zoniug classification to an- other, (Westside Manor Suh.) pre- sented and read. Mayor Thoms moved the ordinance be received and filed. Seconded by Councilman Justmann. Carried by the fallowing vote: Yeas - Mayor Th<>ms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of J. A. McCallis- ter attorney for Pat Chew submit. ling various reasons of objection to proposals set out by the Planning & Zoning Commission recommenda- tion, presented and read. Mayor Thoms moved the communication be referred to ,the City Solicitor for a report by May 20th. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. meu Brady, Justroann, Lundh, Stackis. Nays - None. AN ORDINANCE amending Zoning Ordinance No. 3-34 so as to change the Sly 100' and Nly 100' of Lot 2 in Westside Manor Place from Single Family to Local Business" A" also amend Article IV for all street parking within the Nly 130.53' of Sly 230.53' of Lot 2 in Westside Ma- nor Place, and Lot 13 of Block 4 in Westside Manor Sub., presented and read. Mayor Thoms moved the ordinance be referred to the City Solicitor for a report by May 20th. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Donald C. Moody et al (residents of Rosemont Street area) objecting to student parking on the street during school hours, and suggesting the inauguration of two hour parking, presented and read. Councilman Lundh moved the petition be received and filed and referred to the City Manager. Se- conded by Couucilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. Nays-None. Petition of Advisory C<>mmission requesting authorization of funds for a survey to gain knowledge can. cerning attitudes, thinkiug and characteristics of the citizens of the City so that the Commission can more reliably advise you when call- ed to do so, presented and read. Councilman Lundh moved the peti. tion be referred to the meeting of May 28th. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Rose Marie Montgomery address- ed the Council on behalf of the Girls Recreation Center, also stating there would be a meeting of the or. ganization on May 19, 1974, at 2:00 P.M. in the Council Chamber of City Hall. May 8, 1974 Houorable Mayor and City Council Attached is an application for grant to the Iowa Crime Commission for funds to finance the Youth Re. ferral and Development Program of the Police Liaison-Youth Services Project. In our original application, the City Council approved on March 11, Youth Services as a participating referral agency. Since Youth Ser. vices were recipients of State funds, the Iowa Crime Commission questioned the participation of Youth Services in the Police Liai. son project. As a result of this opinion by the Iowa Crime Commis- sion, we resubmitted, and the Council approved on April 8, an ap- plication for funding the activities only of the Police Liaison Officer at Senior and Hempstead High Schools. This application is now be- ing processed by the Iowa Crime Commision. The attached application for a grant designates the Dubuque County Mental Health Center as --~"-,-" Z7S Special Session, May 13, 1974 the youth referral agency. The Passed this 13th day of May, City of Dubuque would be recipient 1974. of Federal funds and would contract Allan T. Thoms with the Dubuque County Mental Mayor Health Center on an as need basis C. Robert Justmann for their servite. in the Police Liai. James E. Brady son.Youth Servites project. Emil Stackis The total amount of this applica. Alvm E. Lundh tion is $25,332. Of this grant Du- COuncilmen buque County Mental Health Cen- Attest: ter wowd provide $3,332.00 of in- Leo F. Frommelt kind match, the City of Dubuque City Clerk would provide $2,222.04 as a cash COuncilman Stackis moved ado)- match and the balance would be tion of the resolution. Seconded by funded through the Iowa Crime Councilman Lundh. Carried by the Commission. following vote: Your adoption of the attJached reo Yeas - Mayor Thoms, Council- solution authorizing the Northeast men. Brady, Justmann, Lundh, Iowa Crime Commission to act m Stackis. behalf of the City of Dubuque for Nays - None. receipt, deposit and disbursalof Fe- RESOLUTION NO. 186-74 deral fun~s and your ad,!ptlon. of BE IT RESOLVED that the City the matchll~g resolution sbpulabn? of Dubuque hereby authorizes the that the City of Dubuque will fl- Northeast Iowa Area Crime Com. nante in cash $2,222.04 for this pro- mission to act in ita hehalf in the gram is recomm~nded. receipt, deposit and dispersal of FrancIS A. Murray Federal Funds received from the Assistant City Manager Iowa Crime Commission for the CouncllmaD Stackis moved the purpose of carrying on the pre. communication be reteived and scribed activity as outlined in the filed. Seconded by Councilman Program Application. Lundh. Carried by the following The Northeast Iowa Area Crime vote: Commission shall use said Federal Yeas - Mayor Thoms, Council. Funds received exclusively for this men Brady, Juslmann, Lundh, program and for no other purpose, Slackis. and this unit of government ahall Nays - None. provide complete documentation of all expenditures made by this unit MATCHING RESOLUTION of government to the Northeast NO. 185-74 Iowa Area Crime Commission as WHEREAS, the City of Dubuque, required. Iowa, by resolution duly passed In lieu of such documentation or heretofore, has resolved that it for other violations of Federal and will provide during the calendar State ruled and regulations, it is year of 1974 cash funds for the understood that all funds remain. following Iowa Crime COmmission ing in the possession of the North. projects: east Iowa Area Crime COmmission Brief Description of Project: The may, upon approval of the Com. purchase of counseling/therapy mission, be returned to the Iowa services from the COunty Mental Crime Commiasion. Health Center. Signed this 13th day of May, Amount of Funds Being Pro- 1974- vided: Up to and including, but not Allan T. Thoms to exceeed 8.78% of total propact Mayor COSt. C. Robert Justmann We further resolve that we will James E. Brady provide in.kind match during the ~~ ~ia L~ndh calendar JJ<:ar of 1974 for the fol. coun~e~ Jowm& proecta: Attest. Brief Description of Project; Leo' F. Frommelt Type of In.kind-(Salary, Spate, City Clerk ate.); Councilman Staws moved âdo)- Valuation of In.kind Provided. tion of the resolution. Seconded by ~-~_.- '-~V ....~ -" Special Session, May 13, 1914 279 Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 187.74 Authorizing the ExICution Ind Filing of an Application for a Comprehensive PII"ning Aaslst- anca Grlnt. WHEREAS, the COmprehensive Planning Assistance Program as authorized by section 701 of the Housing Act of 1954, as amended, has been made avallable to cities over 50,000 population by the United State. Department of Hous- ing and Urban Development; and WHEREAS, the City of Dubuque has been a participant in the pro- gram to develop and improve upon its planDJng and management capa- bilities; and WHEREAs, it Ia deemed to be In the best interest of the City of Dubuque to continue participation in the 701 Program; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the Mayor of the City of Dnbuque be and he is hereby authorized to execute and file an application oubehalf of the City of Dubuque, Iowa, with the United States Department of Housing and Urban Development for a grant under Section 701 of the Housing Act of 1954, as amended. Sactlon 2. That the City ManJlger and the Director of Housing and Redevelopment be and they are hereby authorized and directed to furnish such additional informa- tion to the United States Depart. ment of Housing and Urban De- velopment to support the applica- tion. Paøsed, approved and adopted this 13th day of May, 1974- Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackia Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City CierI< Mayor Thoms moved adoption of the resolution and the application be for continuation of existing program - John Grau, Pawine Joyce. Seconded by CouncUmlD Lundh. Carried by the following vote: Yeas - Mayor Thoms, COuncil. men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 188-74 BE IT RESOLVED by the CIty Council of the City of Dubuque.. Iowa, that the following baving complied with the provisiona of law relating to the sale of Cigar. ettes wIthIn the CIty of Dubuque, Iowa, be granted a permit to sell Cigarette Papers within Jaid CIty. Louie and Em's AIrport Lunch, Louis Juergens and Miriam JI1ft-. gens, Municipal Airport. BE IT FURTHER RESOLVED that the Bonds filed with the ap. plication be approved. Passed, adopted and approved this 13th day of May, 19'14. Allan T. Thoma Mayor James E. Brady Emil Stackla AlvIn E. Lundh Cooncamen Attest: Leo F. Frommelt City CierI< Mayor Thoms moved adoption of the .resolution. Seoonded by Coun- cilman Lundh. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Londh, Stackis. Nays - Councilman Justmann. RESOLUTION NO. 189-74 WHEREAS, applications for Becr Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Councll of the City of Dubuque, Iowa, that the following appJieationa be granted and permits Issued upon the compliante with the terma of the Ordinances of the City. CLASS "8" BEER PERMIT Nelson M. Norwood, Sr. Hole.N. One Lounge (also SUNDAY SALES), Bonker Hill Golf Course Passed adopted and approved this 13th day of May, 1974- Allan T. Thoma Mayor C. Robert Justrnann James E. Brady Emil Stactla Alvin E. Lundh Councilmen 280 Special Session, May 13, 1974 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, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 190-74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; an.d , WHEREAS, the premises to be occupied by such applicants were insPected. and found to comply witb the Ordinance.s of this City and they have fUed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City or' Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Pernut. CLASS "B" BEER PERMIT Nelson M. Norwood, Sr. Hole-N- One Lounge, (a]so SUNDAY SALES), Bunker Hill Golf Course Passed, adopted and approved this 13th day of May, 1974- Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvio 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. lowiog vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 191-74 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 approved and licenses issued upon the com. pliance ,with ,the provisions of Chaprter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph L. Diener, dba Bill Baker's Tap, 1064 University Avenue. Ronald J. Haas, dba R.J.'s Wheel House, (SUNDAY SALES), 1630 East 16th Street. Passed, adopted and approved this 13tb day of May, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundb 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, Juslmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 192.74 WHEREAS, applications for Liq. uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph L. Diener, dba Bill Baker's Tap, 1064 University Avenue. Ronald J. Haas, dba RJ.'s Wheel House, (SUNDAY SALES), 1630 East 16th St. Passed, adopted and approved this 13th day of May, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Special Session, May 13, 1974 281 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of tbe resolution. Seconded by Coun. cilman Lundh. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Lundh, Stackis. Nays-None. There being no further busioess, Councilman Lundh moved to ad. journ. Seconded by Councilman Stackis. Carried by the fallowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. Leo F. Frommelt City Clerk Approved """"""""""""""""" 1974 Adopted 1974 ............................................................ Mayor ............................................................ ............................................................ """'C;;;;;;~ü;;;~;:;""""""""""""""'" ATTEST: """"""""""""""""""'ëiïÿ"ci~~k"" 282 Special Session, May 20, 1974 CITY COUNCIL (OFFICIAL) Special Session, May 20, 1974. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Thoms, Council- men Brady, Justmann, Lundh. City Manager Gilbert D. Chavenelle.. Absent - Councilman Stackis. Mayor Thoms read the call and stated that service thereof had been dilly made and this meeting is called for the purpose of CON- DUCTING PUBLIC HEARINGS ON THE RESOLUTIONS OF NECES. SITY FOR THE CONSTRUCTION OF ASPHALT PAVING, WATER MAIN AND SANITARY SEWER IN RIVERFRONT SUB. NO.5, and acting upon such other business as may properly come before a regular meeting of the Council. Councilman Justmann submitted a proposa] for a "Portrait Fund Drive" to purchase a portrait of the late Bill O'Brien for display at City Hall. Communication of Iowa Depart. ment of Environmental Qua]ity ap- proving the sanitary and functional features of the Water Main Ex. tensions of Sheridan Ltd. Develop- ment, presented and read. Mayor Thoms moved the communication be received and filed .Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann. Abstain - Councilman Lundh. Nays - None. Absent - Councilman Stackis.[ Communication of Planning & Zoning Commission submitting minutes of their meetings of April 17th and May 9th, 1974, presented and read. Mayor Thoms moved the communication 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 Dubuque Park Board submitting a communication from the U.S. Coast Guard Aux. iliary recommending the City re- tain the First Street Ice Harbor for use as a City Park, and the Park Board fumy endorses the idea, presented and read. ,"'~ Mayor Thoms moved the ""rn- munication he received and filed. Seconded by Councilman Just. mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackls. Communication of Playground '" Recreation Commission submitting their 1973 organizøtional and ac. tivity report, presented and road. Mayor Thoms moved the commu- nication be received and filed and referred to the Council. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nayø-None. Acbsent-Councilman Stackis. Communication of Interstate Power Co. adviaing that they filed a request for general price in- crease for all classes of electric service and further advising that the City may request a public hearing, presented and read. Mayor Thoms moved the communication be referred to the City Manager and City Solicitor for continning action with specific reference to Senate File 731. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. May 15, 1974 To the Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasurer, Water Superintendent, Health De. partment, as well as a list of claims paid, for the month of April 1974. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com. munication 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. May 15, 1974 Honorable Mayor and Members of the City Council Please he advised that I have approved the fol1owing policies and desire to have your approval of Special Session, May 20, 1974 283 same for filing, subject to ap- proval of the City Solicitor. GENERAL LIABILITY Steger Construction Co., North. western National Insurance Group, Polley Numbers WC 5ð751l-General Liability CLA 720233, Dated 1-01-74 to 1-01.75. F. N. smith Construction Inc., Bi- tuminous Casualty Corporation, Policy Numbers GA 739076 and GA 736897. Gilbert D. Chavenelle City Manager Mayor Thoms moved filing be ap- proved subject to approval Df the City Solicitor. Seconded by Coun. cilman Lundh. Carried by the fol. "'wing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - Nolle. Absent - Councilman Stackis. May 13, 1974 Honorable Mayor and City Council I 8m returning to you the peti. tion of Mr. Lloyd S. Gudenkauf requesting the va;,atlon of a por- tion of Dexter Street. This vacation lias been previously approved by tile City Planniog Department and referred to the city manager to determine the conditions of the """"eyanee of the vacated pro- perty. During the past year I have spent conBiderable time on the proposition and on May 10th again inspected the location. The abut- ting property holder to the south of Dexter Street does not wish the street vacated and, consequent. Iy, I return to you the petition with the recommendation that the reo quest be denied. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com- mWlÎcaw", he received and filed and recommendatiDIl he accepted. Seconded by Councilman Brady. Carried b,ythe following vote: Yeas - Mayor Thoms, Council- man Brady, Justmann, Lundh. Nays-None. Aboent - C""'"'"-lmall Stackis. May 17, 1974 Honorable Mayœ- and City Council I submit to you the certified audit re¡>orU oj, the Water Depart. ment, Sewage Disposal Works and Parking Facilities. Gilbert D. Chavellelle City Manager Mayor Thoms moved the com- municatiou he 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. May 17, 1974 Honorable Mayor and City Council The City of Dubuque Planning and Zoning Commission has reo viewed the request of Mr. Harlan J- Roth tD reclassify property de- scribed as Lot 568 and Lot 569 of Lennox Addition in the City of Dubuque, Iowa, from Single Family Residence District classification to Two Family District classification. As shown on the attached map, this property consists of two lots with frontage on McPoland Street. The surrounding neighborhood is in the Single Family Residence District classification and most of the property in this area is used for that purpose. The petition requests "spot zon- ing" which wowd he unrelated to the predominant use of the sur- rDunding area. Also, the Commis. sian has determined that it would be inappropriate to consider a large scale zoning revision in this neighborhood at the present time and has recommended that the petitiDIl be denied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved the com. munication be received and med and approve recommeudatiDn of denia]. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justroann, Lundh. Nays - None. Absent - CDuncilman Stackis. May 11, 1974 H<morable Mayor and City Coullcil 011 April 22, 1974, Donald R. Bullard of 1820 Cannon, Dubuque, Iowa filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on Apcil 12, 284 Special Session, May 20, 1974 1974 as the result of a back up of sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and reo ported by letter to this office on May 9, 1974 of no liability on the part of the City and in view of the foregoing it is the recommen. dation of the City Attorney that the claim of Dona]d R. Bu]!ard be denied. Original claim is attached here. to. R. N. Russo City Attorney Councilman Justmann moved the recommendation be approved. Sec- onded by Councilman Lundh. Car. ried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. Notice of Claim of Laura C. Hen. dricks in the amount of $124.90 for replacement cost of a power mower which was damaged while cutting grass in the area between the sidewa]k and curb at 875 S. Grandview on May 9, 1974, pre. sented and read. Councilman Just. manu moved the notice be referred to City Solicitor for proper investi. gation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. Notice of Claim of Hugh L. Stouse, in the amount of $40.69 for car damage incurred as the result of striking a rock in the street at Kirkwood and BJake St. on May 13, 1974, presented and read. Councilman Justmann moved the notice be referred to the City Solicitor for proper investigation and report. Seconded by Council- man Lundh. Carried by the fol. lowing vote: 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 the zoning classification on here. inafter described portions of Lot 2 in "Westside Manor Place" from single family residence district to local business "A" District, and changing other hereinafter de- scribed portions of Lot 2 of "West- side Manor Place" and all of Lot 13 of Block 4 in "Westside Manor Subdivision" from single family residence district to multiple res- idence district with inclusion in Paragraph (I) of Section 2 of Ar. ticle IV to permit off-street park. ing thereon, presented and read. Mayor Thoms moved the read. ing just had be considered the first reading of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. Mayor Thoms moved that the rules be suspended reqniring an Ordinance to be read on three separate days. Seconded by Coun. cilman Brady. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. Mayor Thoms moved that a pub- lic hearing be held on the Ordin- ance on June 17, 1974, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. Communication of Joseph J. Bit. ter requesting to be heard in reo gard to the Pat Chew zoning re- quest, presented and read. Mayor Thoms moved the communication be referred to the meeting of June 17, 1974. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stickis. ORDINANCE NO. 37-74 An Ordinance amending Sec. tion 2 of Ordinance No. 23-74 being an Ordinance relating to the control of excessive noise and providing penalties for Special Session, May 20, 1974 285 the violation thereof by re- pealing Section 2 thereof and enacting a new Section 2 in lieu thereof to change the hours relating to the construe. tion and the repair of build- ings from 8:00 A.M. to 7:00 P.M. to 7:00 A.M. to 8:00 P.M. of any day, Monday through Friday, and to change the hours of garbage collection from 7:00 A.M. to 9:00 P.M. to 6:00 A.M. to 9:00 P.M. of any day, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Lundh. Carried by the fallowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackls. Mayor Thoms moved that the rules be suspended requiring an Ordinance to be read on three sep. arate days. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays-None. Absent-Councilman Stackis. ORDINANCE NO. 37.74 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 23.74 BEING AN ORDINANCE RE- LATING TO THE CONTROL OF EXCESSIVE NOISE AND PRO- VIDING PENALTIES FOR THE VIOLATION THEREOF BY RE- PEALING SECTION 2 THEREOF AND ENACTING A NEW SEC. TION 2 IN LIEU THEREOF TO CHANGE THE HOURS RELATING TO THE CONSTRUCTION AND THE REPAIR OF BUILDINGS FROM ,,00 A.M. TO 7,00 P.M. TO 7,00 A.M. TO ,,00 P.M. OF ANY DAY, MONDAY THROUGH FRI. DAY, AND TO CHANGE THE HOURS OF GARBAGE COLLEC. TION FROM 7,00 A.M. TO .,00 P.M. TO 6,00 A.M. TO .,00 P.M. OF ANY DAY. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. Th" O,din.n« No. 23-74 be ""ended by "p"ling Section 2 th"eof .nd en.cting . new Section 2 in lieu thmof to p,ovide " fullow" "S«tion 2. NOISES PROHIBITED. E"h of the following "", .mong oehm, i, hmby declmd to be in viol"ion of thi, O,din.nce .od i, p,ohibi"d. The followins ",nme"'ed .en ,h.H not be con- tt,"ed " limiting 0' pmloding enfo",- ment of .ny oth" p"vi,io", of th¡, ch.p- "'. (.) Hom" ,ig",ling devic", "c. The ,ounding of .ny hom "' ,ign.lins dovice on .ny ,",omobile, moto<cycle, b", °' oth" vchicle on .ny ,"eet °' public pl"e of the City, ex«pt" . d.ng" w"ning, .nd the ,ounding of .ny ,uch device fo, .n un- nce",,'y .nd nme"o",ble p"iod of time. (b) H.wkm .nd pcddlm. The "Ie by out"y within .ny "" of the City zoned fo, ",ident;,1 "'". The p,ov¡'ion of thi, "ction ,h.1l not be conmued '" p,.hibi, the "I!ins by out"y of mmh.ndi" food .nd boveng" " licented 'po,tins mn", p",d", f.i", ci""",, ",d oth" ,imil" licented public en"'t.inment mn", no, to p,ohibit ,he "Hing of new'p'pm by out"y. (c) Anim.b .nd fowl. The keeping of, upon .ny p"mi"" owned, occupied °' con- t",lled by .ny pmon, .ny .nUn.1 °' fowl oth"wi" p"mitted to be kept which, by .ny ,ound 0' cry, ,h.JI "Ute .nnoy.nce °' di"omfon '" . ""o",ble pmon of no,- m.1 "..ibiliti". (d) Lo.ding, onio.ding, opening bom. The "",ion of . loud .nd <xc",ive no;,e in connection with lo.ding 0' unlo.ding .ny vehicle °' the opening .nd d""oction of b.I.., box.., "".. .nd con"inm. (c) School" coum, chu"h.., ho'pi,,!t, The "",ion of . ioud ",d <xc..,;ve noite on .ny meet .dj"ent to .ny <chool, inttitn. tion of Ic.,ning, chu"h °' coun while the "me m in Ute, °' .dj"ent to .ny ho,- pi"I, which un""on.bly in",fe", with the w",king' of ,uch i..titution, °' which dittu,b, °' unduly .nnoy' p"ien" in the ho'pi"l. (f) Co""u"ion ot "p.it of bnilding'. The mction (includins <xc...tion), demo. lition, .itention ot "p.it of .ny buildins othet th.n between the houn of 7,00 A.M. ,nd ,,00 P.M. of "'y d,y, Mond,y thtoush Ftid.y. (g) Pile dtivm, h.mmm, etc. The opc- ",ion between the hou" of 6 P.M. .nd , A.M. of 'ny pile dtim, tt"m ,hovel. pneum"ic h.mmet, dmick, powet hoitt Ot othet conmuction ",uipm"'t, ,nd then only when equipped with ,n effmive muf- fling device. (h) G"b'ge collection. The collection of g"b.ge, w"te Ot ,du" by .ny pmon in 'ny "" zoned ",identi.1 except be- tween the hon" of 6,00 A.M. .nd .,00 P.M. of 'ny d.y ,nd then only in , m,n. n" '° " not to """ , loud Ot ex«"ive noi". (i) Vehicle «p.in. The "p.it Ot te. building of .ny motot vehicle within ,ny t..identi,1 "" of the City between tbe honn of .,00 P.M. ,nd ,,00 A.M. in ,uch . m.nn" th" . ""on,ble pc"on of not. m,1 "..itiviti.. ",iding in the "" i, "uted di<comfon Ot .nnoy",«. Ii) Exh,ute,. The di"h"ge into the open ,it of the exh.utt of .ny tt"m en. gine, in"m,1 combu,tion engine, moto' 00". Ot mot", vehicle 0' di"h"se of .i, 0' othet gm, <xcept thtough , mum" ot 286 Special Session, May 20, lQ74 o\he, 4evico wlU.h wül ofl",<ivoly p,,>Ya," loud 0' oxplo.i.. noi... ,h",£<om. (k) UnI,wlul ... 01 buildi...~ No P"- ... .wnino, .' in po....ci"" 01 0' in con- ".1 of ,.y b"¡¡diog .. PO"""', .h,ll ..a <he ....... p..mi, ilia u.. of tba "ma, ill ".t ilia .- to ba ..0<1 f.. auy bUlina" .. ornploy",a., at "'¡'¡"',,al ..a, 0' fo' any pu,- of pl",u« .. "coo,<iou, if web ... .b,l~ by d,. ....a ...a""d ,h",- 10..., <Im.,b .. i."dua wi<h ,ha P"'" of th, .oi&hbo<hood io which ..ch build- in& Of F"'""'" ¡, oitu",d. (I) Loud, uno""""y or un...al noi... Norwith.".di.g ,ny oth" F,ovWon of <hi. chop'" ,nd in ,ddi,... ,h,,",o, it ..,11 b. unlawful I.. auy ....... to willfully ""ka .. con<inuo 0' c,u.. to ba ...da 0< continuad ,ny loud, unn""""y, .. unu- ..,1 ..... which dio",1u ,ho "..CO 0' qui" of "y ..ighbo<hood 0' which co."'. di.- ._Ion .. &Dooy,n<o to aDY ",_,bla pmo. o! DOnna! ..",,<ivi.... ,ooi<ii.. in <ha"... (m) Eo¡ùs< b"k... Tha ... 01 a "¡,cob b"ka" 0' ,ny angina b"ka wi,bin tba city w.¡" uul... fo' tho ....il.., pu'po" 10' wbioh it .. ...toudod. (0) $"tio......- m.chin"y, aquipman'. ... f.... It oh,ll bo ...bwlul fo' ,ny po'- .on to op'".. "y imø>obila ",.dUn"y, ~ut'.:.tin"::" m=:.;::i~: .:":':::~ DO'" which would co..a oho .ooa loval " ..,. portion of tho ",upony line 01 ..y pro- p"'y to ox."d tho """,",urn .ai.. 1mb i. ,ha ........ d"c<ibed in S..,ion J. F,~ vidad tb" th.. .""ion ohall ..t 'pply '0 tornpomily pi,cod aquip....t whioh ..,11 ba .uhj..t '0 ,ha m,nu¡'ctoting ...u.Ia,.¡, outlined in ,he lollowi.. ""tion." P"..d, """orod "..¡ adoF..d thio 20th day o! May, ¡974- All.. T. Th.... ¡,byo, C. Roh"t ¡u..m,no ¡,.." E. B,ody Alvin E. Lu.dh Coun<Üman ATTEST, La. P. P,ommel, a,y clork puhn.had o£fid,lly in th, TelaS"Fh HamId Naw.p'P" mi. 24,h d,y 0; M,y 1974. Lou F. p",,","air City CI"k It. >-24 Mayor Thoms moved final adop- tion of the Ordinance. Secondad I>¥ Councilman Lundb. Calried by tile following vote: Yeas - Mayer Thoœs, Cc>uftcil- men Brady, Jus!ll1aM, Lundh. Nay9-None. AbSent-eoullci!man SWkts. Petition of Arrowilead Golf Course reqnesting if additional meetlftts are held by the Council rt>latiW! to the CIty building a new municipal ioil course that they would be invitad to attend, present. cd and read. Mayor Tboms moved the petition be received and filed Seconded by Councilman Brady: Carriad by the following vote: Yaas - May"" Thoms, Council- men Brady, Jw;tmann, Lundh. Nays - None. Absent - Councilman Stackis Petition of Tri-state -rmrier Square and Round Dante Club (412 slIDers) requesting for help against the threatened 10&; of the we of Allison.Hend."..on pavilion by adult groups during the e\'Oning bours, presented and read. Councilman L1øIIIh moved the patition be re- ferred to the Recreation Commis- sion withaclrJlo8ition that"" altel'- ute place.. considared. Sacond. ed by Councilman Justmann. Car. ried by the following vote: Yeas - ],fayor Thoms, Council. men Brady, JustmaDA, Lundh. Nays-None. Abseltt - Councilman Stackis. VerOOI petition of CoUltcilman Brady requesting toot tile Police Department do regular radar pa. trois .n' Asbury Rd.. presented. Po. lice Chief O'Brien responded to the petition with satisfaetory explana. tion. Mayor Thoms II1Oved the pe. titian be received anti filad. Second. ed by Councilman Lundh. carried by the following vote: Yeas - Mayor Thoms. Council- men Brady, Justmann, Lundh. Nays - Non<!. Absent - Couneilman S1;adis. Petition of David Schumacher et al (21 siiners) requesting a stop sign at tile ""mer of LincnJn and Fen¡¡ler Streets, presented and read. Councilman Jnstmann moved the petiti<>n be referred to the City Manager and Traffie Department for investigation and report. Se. conded by Mayor Thoms. Carried by the folloWÙiil vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - CouI>Ci\Inan Staekis. Petition of Mrs. Barbara BastCII requesting rel1ef from the mud con. dition in front of her home at 1909 Ellen Street, presented and read. Councilman Justma.nn moved the petition be noeelved and filed. So. CO!Ided by Mayor Thoms. carrled by the following v<>te: Yeas - Mayor Thoms, Council. men Brady, Jœtmann, Lu.ndh. Special Session, May 20, 1974 187 Nays - None. Absent - Councilman Stackis. Petition of Joe Tauke et al re- qnesting that Glen Oak Street be extendad from the end of the 1900 blÐCk to Roseclale Ave.. presented and read. Councilman Justmann moved tbe patition be rererred to the City Manager for investigation and report. Seconded by Council. man Lundh. carried by the follow. ing vote: Yeas - Mayor Thow, Council- men Brady, Justmann, Lundh. Nays - None. Absent - CoUllcilman Stackis. Proof of Publication, certified to by the Publisher, of Notice of Hear. !nil On resolution of neeessity for construction of the CIty of Dubuque 1974 Asphalt Paving Project No.2 RIverfront Subdivision No. ft: ltoosevelt Street Extension from the S.P.L. of Kerper Blvd. to the S.P.L. of Kllgore Street; KIlgore Street from the W.P.L, of Roosevelt Street Extension to the N.P.L. of HamJlton Street Extension; Hamil. ton Street Extension from the S.P.L. of Kilgore Street to the N.P.L. of Lot 2 of Block 1 of Riverfront Sub- division No.5, presented and read. No written objeotions were filed III1d no 01'81 objectors were present in the Council Chamber at the time set for the public hearing. Mayor Tboms moved the proof of publication be 1'eœived and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackla. (Necessity for Improvementl RESOLUTION NO. 139.74 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedwe have been duty pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showini among other things the following; 1. The streets to be improved. 2. The width of RUch improve. ment, and the si¡e and kind of sew- ers. 3. An estimate of the cost of the proposed Improvement, stating the same for each diffartlnt type of con. structlOll alld kln<l of material to be U8ed. CIty of Dubuque 197. AaplWt Pavini Project No.2 Riverfront Subdivision No.5: 1. Roosevelt Street Extension from the S.P.L. of Kerper Boule- vard to the s.P.L. of lGlgore Street. 2. Kilgore Street frOll1 the W.P.L. of Roosevelt Street Extension to the N.P.L. of Hamilton Street Exten- sion. 3. Hamilton Street Extension from the S.P 1. of XI.lgore Street to the N.P.t. of Lot 2 at Block 1 of Riverfront Subdivision No. ft. BE IT THFJREFORE IUr.SOLVEO that the City Council on Its OWl! motion of pro~ owners, deems It advisable and necessa.17 for the public welfare to lXIake the herem mentioned Improvement, and unless property owners at the time of tile final consIderation of this proposed resolution have on file with the City Clerk objections, they shall be deemed to have waived aU objec. tions thereto. Said improvements sball be eon. structed and done in aeeordanc:e wlth tbe plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now 001 file with the City Clerk. That the cost and expel18e of making said Improvement will he paid out of the ienaral fund. The above resolution was ÎI1tro. dueed, approved and ordered placed on me with the CIty Clerk this 22nd day of April, 19'14. RECORD OF FINAL ADOPTtON The foregoing resolutlol1 was ft- nally passed and adopted, as pro- posed, by the CIty Council this 20th day of May,1974. Allan T. Thoms Mayor C. Robert Juslmaftn Jame. E. Øtady Alvin E. Lundh Councllmen A~: Leo F. Frommelt City Clerk Mayor Thoms moYedsdoption of the resolution. Seconded by COUll- cilman Brady. Carried by the fol. lowing vote: Yeu - Mayor Thoms, Council- men Brady, Justmaun, Lundh. Nays - None. Absent - Coundlman Stackis. 288 Special Session, May 20, 1974 Decision of Council upon objections to plans, specifications, form of con. tract and cost of improvemants RESOLUTION NO. 193.74 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1974 As- phalt Paving Project No.2, River- front Subdivision No 5 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, pertaining to public contracts and bonds, and .the time and plàce fIXed for the hear- ing of all objections to said plans, specifications or contract for or 'cost of such improvements, said thne being this 20th day of May, 1974; and WHEREAS, the City Çouncil met in special session this 20th day of May, 1974, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and a]l objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifi- cations, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overfilled and such plans and form of contract hereto. fore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all ob- jections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 20th day of May, 1974. Allan T. Thoms Mayor ç. Robert Justmann James E. Brady Alvin E. Lundh . çouncilmen 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. (Ordering Construction) RESOLUTION NO. 194-74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a resolu. tion of necessity No. 139-74 which was dilly passed by this Çouncil, for the City of Dubuque 1974 As- phalt Paving Project No.2, River. front Subdivision No.5 be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accor. dance with the plans and specifica. tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for out of the general funds of the city. Payment will be made to the con. tractor after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that tbe City Clerk be and he is hereby ordered and directed to ad. vertise for proposals for the con. struction of the various improve. ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution heing deemed urgent and of immediate necessity shall he in force and effect from and after its passage and adoption by the City Couucil. Passed, adopted and approved this 20th day May, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Councilmen Special Session, May 20, 1974 289 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoptiou of tbe resolution. Seconded by Coun- cilman Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmanu, Lundh. Nays - None. Absent - Councilman Stackis. Proof of Publication, certified to by the Publisher of Notice of Hear. ing on resolution of Necessity for Coustruction of 10" Water Main for Riverfront Sub. No.5, presented and read. No written objections were filed and no ora] objectors were present in the Council Chamber at the time se.t for the public hearing. Mayor Thoms moved the proof of publica- 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. (Necessity for Improvement) RESOLUTION NO. 145.74 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fallowing: 1. The size and kind of water main 2. An estimate of the cost of the proposed improvement, stating the same for each different .type of con- struction and kind of material to be used. Contract 1, Section 1: construe. tion of a 10 inch water main for River Front Subdivision Number 5, in the City of Dubuque, Iowa BE IT THEREFORE RESOLVED that the City Council on its own mo- tion or upon petition of property owners, deems it advisable and ne- cessary for the public welfare to make the herein mentioned im- provement, and unless property owuers at the time of the final can. sideration of this proposed resolu- tion have on file with the City Clerk objections to .the amount of the proposed assessments, they sha]l be deemed to have waived all ob- jections thereto. Said improvements shall be con. structed and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement shall be paid out of the general fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of April, 1974. RECORD OF FINAL ADOPTION Tbe foregoing resolution was fi- nally passed, and adopted, by the City Council this 20th day of May, 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 vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays-None. Absent - Councilman Stackis. Decision of Council upon objections to plans, specifications, form of con. tract and cost of improvements RESOLUTION NO. 195.74 WHEREAS, proposed plans and specifications and form of contract for the construction of: Contract 1. Section 1. 10 inch wa- ter main for River Front Subdivi. sion Number 5, in the City of Du- buque, Iowa have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, pertailÙng to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi. cations or contract for or cost of such improvements, said time being this 20th day of May, 1974; and WHEREAS, the City Council met in special session this 20th day of May, 1974, at 7:30 o'clock P.M. at the Council Chambers iu the City Hall for the purpose of hearing all interested parties and considering 200 Special Session, May 20, 1974 any and all objections wbich have been filed to tho proposed plans, specifiœltions or contract for or cost of the improvement herein de- scribed and proposed to be made; and wHEREAS, all interested parties have been given an opportunity to be heard and all objections wbich have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been I made and filed to the plans, speci- fications, eontraot for or cost of said improvement herein described and proposed to be made, be and the same herehy overrwed and such plans, specifications and form of contract heretofoJ<! approved are hereby adopted. BE IT FURTHER RESOLVED that this J<!S<Jlution containing the decision of this Council upon all ob- jections which have been filed to the plans, specifleations and form of cost said improve_fit be made a matter of pel'manent record in connection with said improvement. Passed, adopted and approved this 20th day of May, 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 vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Staclcls. (Ordering Conatruction) RESOLUTION NO. 196-74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu. tion of necessity No. 145-74 which was duly passed by this Council, for the Contract 1, Section 1: construc- tion of a 10 inch water main for River Front Subdivision Number 5, in the City of Dubuque, Iowa be and the same are hereby orœred and constructed by this Council upon its own motion and with or without the petition of property owners. AU the work shall be constructed in aceor- dance with the plans and specifica. tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements he paid for out of the general funds of the city, af. ter the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and be is hereby ordered and di",cted to ad. vertise for proposals for the con. struction of tbe various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 d3)'S after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolntion being deemed urgent and of immediate Jtl'ce.ssity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and appo'oved this 20th day of May, 1974. Allan T. Thoms Mayor C. Robert Jostmann James E. Brady Alvin E. Lundh CouncilmeD Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. seconded by Coun. oilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Staekis. Proof of Publieation, certified to by the Publisher, of Notice of Pub- lic Hearing on resolution of _s- sity for construction of sanitary and storm sewer for Riwr Front Sub- division Number 5, and construc- tion of a saniWY sawer from the in- tersection of Roosevelt St. Exten. sion and Kilgore Street to the Du- buque Marina, presel)ted 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 the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Special Session, May 20, 1974 291 Yeas - Mayor Thoms, Council- men Brady, Justmarm, Lundh. Nays -NoDe. Absent - Councilman Stackis. (Necessity for Improvement) RESOLUTION NO. 142.74 WHEREAS, proposed plans, spe. cifications, form of contract, plat and schedwe have heen duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other tlrlngs the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for eacb different type of con- struction and kind of material to be used. Contract 1: Section 2. construction of a sani. tary and storm sewer for River Front Subdivision Number 5, in the City of Dubuque, Iowa Section 3. construction of a sani. tary sewer from the intersection of Roosevelt St. Extension and Kilgore St. to the Dubuque Marina. BE IT THEREFORE RESOLVED that the City Council on its own mo- tion or upon petition of property owners, deems it advisable and ne- cessary for the public welfare to make the herein mentioned im. provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tI-ons thereto. Said improvements shall be con- structed and done in aecordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are noW on file with the City Clerk. That the cost and expense of making said improve. ment shall he paid out of the 8"- nerai fund. The above resolution was intro- duced. approvelt and ordered placed on file with the City Clerk this 22nd day of À'Pril, 1974. lIECORD OF FINAL ADOPTION The foregoing resolution was n. nall1 passed and adopted, as pro. posed, by the City Council .this 20th day of May, 1974. Allan T. Thoms Mayor C. Robert JusJmann 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 vote: Yeas - Mayor Thoms, Council- men Brady, Justmano, Lundh. Nays - None. Absent - Councilman Stackis. Decision of Council upon objections to plans, specifications, form of con. tract and cost of improvements RESOLUTION NO. 197.74 WHEREAS, proposed plans and specifications and form of contract for the Contract 1: Section 2. construction of a sani. t..-y and storm sewer for River Front Subdivision Number 5, in the City of Dubuque, Iowa Section 3. construction of a sani. tary sewer from the intersection of Roosevelt St. Extension and Kilgore Street to the Dubuque Marina have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1973, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all ohjections to said plans, specifications or contract for or cost of such improvements, said time being this 20th day of May, 1974; and WHEREAS, the City Council met in special session this 20th day of May, 1974, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all int..-ested parties and co""idering any and all objections which have been filed to the proposed plaus, specificatious or contract fur or cost of the improvement herein de. scribed and proposed to be made; and WHEREAS, all interesœd parties haY<! been given an opportunity to be heard and all objections whicb haw been dilly weighed and con. sidered; now, therefore 292 Special Session, May 20, 1974 BE IT RESOLVED by the City Council of the City of Dubuque, that all obj,ections which have been made and filed to the plans, specifi. cations, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overfilled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all Db. jections which have beeu filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 20th day of May, 1974. Allan T. Tboms 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 vote: Yeas - Mayor Thoms, Council. men Brady, Justroann, Lundh. Nays - None. Absent - Councilman Stackis. (Ordering Construction) RESOLUTION NO. 198.74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a resolu- tion of necessity No. 142-74 which was dilly passed by this Council, for the Contract 1: Section 2. contructiou of a sani. tary and storm sewer for River Front Subdivision Nnumber 5, m the City of Dubuque, Iowa Section 3. construction of a sani- tary sewer from the intersection of Roosevelt St. Extension and Kilgore Street to the Dubuque Marina be and the same are herehy ordered and constructed by this Council up- on its own motion and with or with. out the petition of property own- ers. All the work shall be construct- ed in accordance with the plans and specifications heretofore adopt- ed and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for out of the general funds of the city af. ter the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 20th day May, 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 Couu- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - None. Absent - Councilman Stackis. RESOLUTION NO. 199.74 WHEREAS, there has been de. livered Quit Claim Deed of War- saw Brewing Corporation to the City Council of the City of Du. buque, Iowa conveying to the City of Dubuque, Iowa the following de- scribed rea] estate: Lot Two (2) of Lot Twelve (12) of Central Addition in the City of Dubuque, Iowa and said delivery of deed should be approved and accepted. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10. WA: Section I. That the delivery of Qwt Claim Deed of Warsaw Brew' ing Corporation conveying to the City of Dubuque, Iowa, the herein- above above described real estate Special Session, May 20, 1974 293 be and the same is hereby approved and accepted, for street purposes. Section 2. That the City Clerk be and he is hereby authorized and di. rected to record said Quit Claim Deed in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of May, 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- cilmau Lundh. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Nays - Noue. Absent - Councilman Stackis. RESOLUTION NO. 200-74 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 fol. lowing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Thomas Clemens, dba Bottle Stop Baseball Tournament, MeAlleece Field ALSO SUNDAY SALES CLASS "C" BEER PERMIT Walgreen Co., 555 J. F. Kennedy Road Passed, adopted and approved this 20th day of May 1974. Allan T. Thoms Mayor C. Robert Justroann 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 vote: Yeas - Mayor Thoms, Council. meu Justmann, Lundh. Nays - Councilman Brady. Absent - Councilman Stackis. RESOLUTION NO. 201.74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fallowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Thomas Clemens, dba Bottle Stop Baseball Tournament, MeAlleece Field ALSO SUNDAY SALES CLASS "C" BEER PERMIT Walgreen Co., 555 J. F. Kennedy Drive Passed, adopted and approved this 20th day of May 1974. Allan T. Thoms Mayor C. Robert Justroann 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 vote: Yeas - Mayor Thoms, Council. men Justmann, Lundh. Nays - Councilman Brady. Absent - Councilman Stackis. RESOLUTION NO. 202-74 WHEREAS, applications for Li. quor 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 fol- lowing applications be approved and licenses issued upon the com- pliance with the provisions of Chap. ter 131, Acts of the First Regwar Sessiou, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Riverside Bowl Inc., also Sunday Sales, 1860 Hawthorne Street ~ Special SessiOn, May 20, 1914 pa...d, a4opted and approved un. 10th day of May 1974. Allan T. Thoms May<)r C. Robert J'uStInann James E. Brady Al..ln E. Lundh Councilmen MIeIt: Leo F. Frommelt City Ck!rIt Mayor Tho- Inowd adoption of the resolution. Secollded by Coun. cllman Lundh. Cattled by the fol. lowlnl vote: Y""s - Mayor Thoms, Couneil. men Brady, Justmann, Lundh. Nays-None. Absent - QQuncilman Stackis. ItI!$oLUTIOM NO. t&3-74 WHEREAS, applications for Li. quor Licens... were fOOd by the within aarned appU...nli and they have received tAe approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to ct>mply with the Sta~ Law and all City Ordi- nances reJevant tIoei'eto and they havè filèd þl<>per bonds, NOW TfIERl!JFORE BE IT RE- SOLVED by U>è City Council of Du. buque, Iowa, that the Manager be authorized to cauoe tö be issl1'ed to the following named appJi-eants a Liqubt' Lice-. a..US "C" (COMMERCIAL) BEft AND LIQUOR LlCENSI! Riverside Bowl Inc., also Sunday Sa"', 18i1O l1awthorne SI. Passed, adöplM and approw! this :!11th day of May 1974. \an T. Thoms Mayor C. Robert .Tusbnann James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. FromMèlt City Cletk Mayor Thoms moved adoption of the nsolutilm. Sect>nded by Coun- cilman Lundh. Cartied by the fol- 1ö'fring votè: Yell!; - May<)r Thoms, Council- meft Brady, Jusnna'!U1, Lundh. Na,.. - N<l1tI!. ÜAUt - CWntilnl.m StadIS. At .-.55 P.M. Mayer Thoms møwd to go mtÞ eJreClltive sèllSlon to dis- cuss appoinUnents lö Boards and Commissions. Seconded by Council- man Brady. Carried by the fol1ow- Ing Vòte: Yeas - Mayor TIIoll18, Counell. lI1en Brady, .Tùstmann, Lundh. Nays - NODè. Absent - CouncilMan Staclds. At 9:10 P.M. the Council recon. vened in regular session and the fol- lowing appointlDents were an- nouneèd. Daniel E. Welu reappoint- ed for a four year tèntt on the Po- lice-Fire Pension 8< Retirement Board to expÏrè 4-1-78 and Rev. Ro- bert Odden was appointed Protes- tant Chaplain of the Police and Fire Deparlments to succeed Rev. Gooch. Mayor ThOltlSMoved appro- val of the appointments. SecondM by OJuncilman Lundh. Carried by the following vote: Yeas - Mayor ThomS, Council. men Brady, Justmann, Lundh. Nays - None. Absènt - Counclhnan Stackis. There being no further business, Councilman Lundh moved to ad- journ. Seconded by Mayor Thoms. Carried by the foUowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lund.h. Nays - None. Absent - OJUI\cilman Stacltis. Leo F. Frommelt City Clerk Approved ---.......-.....-.._.......1974 Adopted ...----..-...-...--..-_.......1974 Mayor Councilmet1 ......M............"""'" Attest "'.'ãìÿètark Special Semon, May 28. 1974 i95 CITY COUNCIL OffICIAL 5....,;'1 s_lon. No"., 28, 1974, Council met 81 7:30 P.M. (CJ).T.J Pre..nt - ""yor Thoms. Covnc.i I. men Brady, Jufl....... Lund'" Stac. k... City "'an- Giu.ert D. Cha- nelle. Mayor ThQIDS read the call and stated that service thereof had been duly made and this meeting is called for the purpose of considerl"ll re- sults of bids received for the con. _ion of the 1t74 Asphalt and Concrete Paving Protects and act. ÏIIg upon such other bùsIDess as may properly come betore a regular meetiog of the CoQJlci1. CoUUIIUllioatioll of U.s. Army Corps of Engine<:rs su!m1i\tin¡ a notice thattbe PIllsbury Compaay bas apPli«l for a penult t<l make Ù1>- provemellts at their existing dQck facilities at the 7tb Street Harh<lr, preliClited and read. MayQr Thoms moved the cODlIIlunication be re- ferred to tbe Engineering Depart- mellt and City SoUcitor fQr proper proceedings and report. Seconded by Councilman '8tackis. Carried by the following vote: Yeas - Mayor Thoma, Council- mell Brady, Jusimann, Lundh, Sta.. Ids. Nays-None. Dock Comml..lon subll1lttlng mi. nutes of their meeting of February 8, 12th, March 1, 16, April 17 and 24tb, pr<!sented aM read. Mayor Thoms moved the minutes be re- ceived and filed. Seconded by Coun. cllman Lundb. Carried by the tQI. lowing 1'Ote: Yeas - Ma~r Thoms, Council- men Brady, Justmann, Lundh, Sue- Ids. Nays-Nolie. Communication of Le"",e of Wo- mea Voters advising of the Advl. sory Comrnisllion's recommendation as to ad.optÌOll of a CO<Je of Ethics and rtquesting that too OJuncil take appropriate action to re-exa. mine and implement the study, pre- 8<!nted and read. Councilman Stackis moved to suspend the rules tQ let anyone present address the Coun. cil. Seconded by Councilman Lul\dh. Cartied. by the fClUowÎnl! vote: Yeas - Mayor Thoms, Council. men ßrady, JustmallIl. Lundh. Sue- kis. Nays - None. Mary Smitb and Monica Wagner of tha League of WOIIIen Voters ad. dressed the Council relative to adop. tioll of a Code of Ethios. They en. couraged the Council to use too pre- sent form as a guideliue. Couocil. man Lulldh moved t1\Q communica. tion of Lea¡ue of Women Voters be referred back to the Advisory Com. mlsliOD and copies 00 givell to tAe Counell for Intel1lledlate study. Se. conded by Councilman Staekl.s. Curled by the fQUQw!ng vote: Yeas - Ma~r ThoIllS, Council- rnell Brady, Ju..tmann, Lundh, Sta.. Us. Nays - None. Communication of Mvisory Cmn. mission submitting a list of coat items between $135. and $250. tQ establish a request for funds tÞ con. duct surveys to gaio knowledge frOlll eiti...ns to provide the Council in a more reliable maftBer, - aentecl and ...ad. Mr. Frallt )filler of too Advl80ry Commlslion ad- dressed tlu! COImcil relative to the questionnaire aulmùtted by the Commission along with requelll for funds. He advised the Counc:i.1 thai it is a preliminary effort and the questiollnalre is DOt in fIaaI form. Mayor TbQUls moved to autlwrbe expenditures up to $2ljI),. Seconded by CouncUmall LllndII. Vote 01\ the motion was 11$ follow., Nays - Councilman Brady, Just- malin, Stackis. Yeas - M'lYor 'J:'II<Ims. Council. man LUlldh. MQtloll Failed. Communication of Au4itQl' of Slate au!m1iUin¡ the Audit I>OJIQrt of Di$as~r Claim ",bmitted by tAe Cj,ty on April 10, lP73, in the aJXI<IUlit of $lo.t118.41 a.11d reoomm<Indinl that $10,~.M I¡a reimbursed by tA.. Federal GoV<U'IlllWlllt, leu former payuMllit of $5:100. leavÙlg a balance of $5,267.84, ~ntec aud rea,, Mayor ~ moved tlw communi. cation be received IIIId tiled and reo ferred to City Manager for che<:k. Seconded by CoUllciJll¡JUl LUlldh. Cartied by the foUow!Il¡¡ vote: Yeas - Mayor TbwM, Council- men ßledy, Ju.stmann, Lundb, SIa<> tis. Nays-None. 296 Special Session, May 28, 1974 May 23, 1974 I To The Honorable Mayor and Members of the City Council. This is to advise you that I have approved the Genera] Liability po. licy of Swift Plumbing & Heating Co. Policy Number CAG 882397, The Ohio Casualty Insurance Co., Policy period from 5-20-74 to 5-20- 75. Gilbert D. Chevenelle City Manager Mayor Thoms moved the com. munication be received and filed and approved subject to approval of City Solicitor. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas '-- Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stac- kis. Nays --- None. May 24, 1974 Honorable Mayor and City Council At your meeting of April 8, 1974 the petition of Pau] F. Moes request- ing extension of city fire protection to property at 1899 Rockdale Road was referred to my office. In recent years the city has found it more advantageous to extend its services through annexation than to attempt to contract separate ser. vices with separate property own- ers outside of the corporate limits. I In this respect, Mr. Moos' petition for the extension of fire service would be contrary to that policy and I recommend that it be denied. In our discussions with Mr. Moos, we informed him of the more ac- ceptable alternative request for vo- luntary annexation of his property which abuts the corporate limits of the City of Dubuque along the rirht-of-way of Rockdale Road. The sanitary sewer, water supply and fire protection, and all other city services, can be supplied to the pro- perty. The property is located with- in an area tbat has been identified as a possible future annexation zone for the City of Dubuque. Mr. Moes has been informed of the benefits, obligations and re- quired procedures for voluntary an- nexation to the City of Dubuque and has been asked by us to resubmit his request in the form of a petition for voluntary annexation. It is my reo commendation that this -alternative is more acceptable .to the City of Dubuque. Gilbert D. Chavenelle City Manager Mayor Thoms moved the recom. mendation be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stac- Ids. Nays - None. May 22, 1974 Honorable Mayor and City Council On March 1, 1974, City of Du- buque, Iowa was served with Origi- nal Notice with Petition for Injunc- tion attached, being Equity No. 82285 filed in the District Court in and for Dubuque County, Iowa, wherein C. Clark, D. Toom and L. Hogan were named plaintiffs and City of Dubuque, Iowa, Gilbert D. Chavenelle, Allan Thoms, James Brady, Emil Stackis, Alvin Lundh and C. Robert Justmann were named as defendants. Said action prayed for permanent injunction restraining the defendants from transferring any public funds to Ecumenical Housing Incorporated and concerning one certain contract entered into by and between said corporation and the City of Du- buque, Iowa for services to the eld- erly disabled and handicapped of the City of Dubuque. Said matter was referred to the C1ty Attorney's office who inter. posed the appropriate defenses and hearing was had on May 20, 1974 on Motions for Sununary Judgment, filed both by defendants and plain- tiffs. Judgment and Decree of the Court was entered on May 22, 1974 dismissing the plaintiffs' action at plaintiffs' cost. Original Notice with petition at- tached is hereto attached. R. N. Russo Mayor Thoms moved the com. munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- meu Brady, Justmann, Lundh, Stac- kis. Nays - None. May 23, 1974 Honorable Mayor and City Council On January 25, 1974, William S. Peil of 2605'"' Rhomberg Avenue, Special Session, May 28, 1974 297 this city, filed claim against the City of Dubuque, Iowa in the amount of $121.03, and alleging da. mages to his motor vehicle occurr- ing on January 25, 1974 as the reo su]t of striking a hole in the road. way on Pennsylvania Avenue in the 3500 block of said street. Said matter was referred to the City Attorney who has conferred with the claimant and the Street Department and with contractor who had been working in said area at that time. This office has been iuformed by the contractor that said claim has been satisfied iu full, and release dischargiog the City from any liability has been furnished the City. In view of the foregoing, it is my recommendation that the claim filed against the City of Dubuque by William S. Peil be deuied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved the recom. mendation of denial he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stac- Ids. Nays - None. Notice of Claim of Joseph D. Doyle, in the amount of $196.00, for damage to a rock wall as the result of being struck by a city owned gar- bage truck at 509 Chestnut Street on April 19th and 30th, 1974, pre. sented and read. Mayor Thoms moved the Notice of Claim be re- ferred to the City Solicitor for pro- per proceedings. Seconded by Coun. cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stac- kis. Nays - None. 'Notice of Claim of Arthur C. """"'f'jgg'¡,s in the amount of $11.58 for a broken window which was brok. en as ,the result of rock and gravel beiog thrown into the window on April 30, 1974, hy passing motorists, presented and read. Mayor Thoms moved the Notice of Claim be re- ferred to the City Solicitor for pro. per proceedings. Seconded by Coun- cilman Lundh. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Lundh, Stac. Ids. Nays - None. Peti.tion of Schiltz Development Corporation requesting approval to install eleven boulevard type lights on Clifford & Lagan Streets, pre- sented and read. Mayor Thoms moved the petition be referred to the City Manager and the Electri- cal Department. Seconded by Coun. cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stac- Ids. Nays - None. Petition of Arthur W. Pins, by Leo A. McCarthy attorney, request. ing zoning reclassification of All of Old Timers Supper Place except the Northerly 180' thereof, from Single Family Residence to planned unit multiple residence classifica- tion. (Amending original petition from Single Family to Multiple Re. sidence). Mayor Thoms moved the petition he referred to the Planning & Zoning Commission for proper proceedings. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmanu, Lundh, Stac. kis. Nays - None. Petition of Mrs. Dorrance Pitz of 347 Bluff St. objecting to immense amount of traffic; tour busses as to parking and the emission of fumes; tours with school children have very poor supervision; presented and read. Mayor Thoms moved the pe. tition be referred to the City Mana. ger and Staff for consideration and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stac- Ids. Nays - None. Communication of Mrs. Billing- ton Jr. objecting to the bus traffic and lack of visiting children can. trol in the area of the 4th Street elevator, presented and read. Mayor Thoms moved the communication be referred to the City Manager and Staff for consideration and report. Seconded by Councilman Lundh. Carried by the following vote: 298 Special Session, May 28, 1974 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, stac. kis. Nays - None. Petition of Councilman Justmann I as to loca] use of Highway Trust Funds, more particularly in the 4th and 6th Streets area, presented and read. Councilman Stackis moved the petition be referred to Staff. Se- conded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmanu, Lundh, Stac- Ids. Nays - None. Petition of Susan Yaeger et al (34 signatures) objecting to the pro- posed barricading of Washington Street at 15th, 16th, 18th, and 19th intersections, presented and read. Councilman Lundh moved the pe- tition be referred to the City Mana. ger and Traffic Committee and back to neighborhood Council. Se. conded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stac. Ids. Nays - None. Petition of Homer Craig indicat- ing an interest to lease the land from the City located between 9th and 10th Streets between the Mil. waukee and Northwestern Rail. roads, presented and read. Mayor Thoms moved the petition he re- ferred for consideration to Resolu. tions of the East 4th Street Penin. sula Area. Seconded by Councilman ~:~~h. Carried by the following I Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stac- kis. Nays - None. Petition of David L. Barnhart and Pearl Seeley requesting a refund of $211.25 on tbe unexpired portion of Beer-Liquor License #<:-5476, as they have discontinued business on March 15, 1974, presented and read. Mayor Thoms moved the re- fund he approved and the C.ty Audi. tor direCted to issue proper war- rant. Seconded by Councilman Stac. Ids. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stac- Ids. Nays-None. w, RESOLUTION NO. 204-74 WHEREAS, there has been de. livered Warranty Deed of T. J. Mul. grew Oil Company conveying to the City of Dubuque, Iowa, the follow. ing described rea] estate: Lot 2 of Lot 1 of Henry Ziegler Subdivision in Ci,ty of Dubuque, in Dubuque County, Iowa and said delivery of deed should be approved and accepted. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCil.. OF THE CITY OF DUBUQUE, IOWA: Section I. That the delivery of Warranty Deed of T. J. Mulgrew Oil Company conveymg to the City of Dubuque, Iowa the hereinabove described real estate be and the same i.s hereby approved and ac- cepted for street purposes. Section 2. That the City Clerk be and he is hereby authorized and di- rected to record said Warranty Deed in the office of tbe Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 28th day of May, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis 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 vote: Yeas - Mayor Thoms. Council. men Brady, Justmanu, Lundh, Stac. kis. Nays - None. Proof of Publication, certified to by the publisher, of Notice to Contractors of the receipt of pro- posals for the construction of the City of Dubuque 1974 Asphalt Pav. ing project No.1-I. Algona St.- from the S.P.L. of Grace St. to the N.P.L. of St. Joseph St.; 2. Asbury Road-.John F. Kennedy Rd. inter. section, reconstruction and signali. zaation; 3. Bicycle Path-from the Terminal Street to the south end of the fioodwall; 4. Bluff St.-from the S.P.L. of Eighth St. to the S.P.L. of Jones Street; 5. Black- hawk Dr.-from the S.P.L. of Fox Dr. to the south end of the street; Special Session, May 28, 1974 299 6. Fox Dr.-from the E.P.L. of Rockda]e Rd. to the east end of the street; 7. Loras Blvd.-Nowata Street intersection reconstruction; 8. Meggan Dr.-from the E.P.L. of Bonson Rd. to the W.P.L. of Dove Street; 9. Parking lot at the south. east corner of Tenth and Bluff Streets; 10. Princeton Place-from the E.P.L. of Devon Dr. to the S.P.L. of Mineral St. 11. Stoneman Rd.-from the W.P,L. of John F. Kennedy Rd. to the W.P.L. of Lot 1.1.1.1 of Hawkeye Stock Farm; 12. East Twenty-fourth St.-from E.P.L. of Jackson St. to the C.G.W. Railroad tracks; 13. East Twenty- ninth St. and Lawther Street- from the E.P.L. of Pinard St. to the S.P.L. of Brunswick St.; 14. Woodworth St.-from the N.P.L. of Clarke Dr. to the S.P.L. of Low. ell Street, presented and read. Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Lnndh. Carried ,by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. May 23, 1974 To the Honorable Mayor and City Council Pursuant to your instructions, sealed hids were received until 10:00 a.In. Thursday, May 23, 1974 for the City of Dubuque 1974 As- phalt Paving Project No.1. The lowest bid entered was entered by Mwgrew Blacktop Company, Inc. of Dubuque, Iowa; their bid was 10.1 % under the estimate. I recommend that the contract for the improvement be awarded to Mulgrew Blacktop Company, Inc. Gilbert D. Chavenelle City Manager Mayor Thoms moved the recom- mendation be received and filed. Seeonded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay&--None. (Awarding Contract) RESOLUTION NO. 205-74 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1974 Aspha]t Paving Project No.1 pur- suant to Resolution No. 157.74 and notice to bidders published in a newspaper published in said City on May 3, 1974 and May 10, 1974; and WHEREAS, said sea]ed propos- als were opened and read on May 23, 1974, and it has been deter. mined that the bid of Mwgrew Blacktop Company, Inc. of Du- buque, Iowa in the amount of $177,668.05 was the lowest bid for the furnishing of ali labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED hy the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mwgrew Blacktop Company, Inc. and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform. ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said can. tract and the approva] of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc. cessfw bidders. Passed and adopted this 28th day of May, 1974. Allan T. Thoms James E. Brady C. Robert Justmann Emil Stackis 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 vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh. Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Con. tractors of the Receipt of Propos- als for the Construction of the City of Dubuque 1974 Concrete Paving with Integral Curb Project No.2- 1. Dodge Street-Grandview Avenue intersection reconstruction and signalizatiou; 2. Ninth Street - from Eighth Street to Hill Street and University Avenue intersec- tion reconstruction, presented and read. Mayor Thoms moved the 300 Special Session, May 28, 1974 proof of publication be received and filed. Seconded by Councilman Lundh. Carried ,by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. May 23, 1974 To the Honorable Mayor and City Council Pursuant to your instructious, sealed bids were received until 10:00 a.m. Thursday, May 23, 1974 for the City of Dubuque 1974 Con. crete Paving with Integral Curb Project No.2. The only bid en- tered was entered by the Flynn Company, Inc. of Dubuque, Iowa; their bid was 35.01% over the es- timate. I recommend that the bid for the improvement be rejected, and the project rebid. Gilbert D. Chavenelle City Manager Mayor Thoms moved the recom. mendation be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. (Reordering Construction) RESOLUTION NO. 206-74 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 111.74 which was duly passed by this Council, for the Construction of City of Du- buque 1974 Concrete Paving with Integral Curb Project No.2 be and the same are hereby ordered and constructed by this Council upon its own motion 'and with or without the petition of property owners. All the work shall be con. structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid. Pay. ment will be to the contractor from the utilities and Road Use Tax Funds. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to reo advertise for proposals for tbe construction of the various im. provements herein provided for in the manner provided by law, the said improvements shall be completed au or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of inunediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 28th day of May, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmeu Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 207-74 A Resolution Approving the De Leuw, Cather & Company "Short- Range Transit Planning Study" as Presented by the Dubuque Transit Board of Trustees. WHEREAS, the Dubuque Tran- sit Board of Trustees has investi. gated the needs of the Keyline Bus System; and WHEREAS, in the course of the investigation they have caused a Short-Range Transit Planning Stu. dy prepared by De Leuw, Cather & Company, Consulting Engineers (a copy of which is attached); and WHEREAS, the Board of Tran- sit Trustees has presented such plan and recommended the find. ings to the City Council. NOW THEREFORE BE IT RE- SOLVED ,by the City Council of the City of Dubuque, Iowa. Section 1. That the De Leuw Cather and Company report is ap- proved and authorizes the Board of Trustees to proceed with the preparation of preliminary appli- cation to the Urban Mass Trans- portation Administration for fed. eral capita] grant funds. Special Session, May 28, 1974 301 Passed, 'approved and adopted this 28th day of May, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis 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 vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. May 24, 1974 Honorable Mayor and City Council I submit for your consideratiou a resolution authorizing the City Manager to prepare a document for consultant investigation and planned development of the East Fourth Street Pellinsula Area. I also submit a resolution reo questing that building permits in this area be withheld for a period of ninety (90) days. In support of these resolutions I attach a copy of a letter from the manager of the Dock Commission. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com. munication be received and filed. Seconded by Councilman Just. mann. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 208-74 A Resolution Stating an Intent To Reaxamine Land Use Plans and Regulatory Policies Now In Force In an Area Known as the East Fourth Stneet Peninsula Area and Directing the City Manager to Take Appropriate Action Toward Revision of Said Plans and Policies. WHEREAS, recent plans and im. provements, including completion of the Dubuque floodwall, planning for Freeway 561 corridor, plan. ning for proposed Five Flags Civic Center and the southward exten- sion of the Town Clock Plaza have created a new and more vital in. terest in the further development of an area known as the East Fourth Street Peninsula in the City of Dubuque, Iowa; and WHEREAS, such renewed inter. est has been expressed by the Du. buque Park Board, the Riverfront Study Committee of the Dubuque Chamber of Commerce, the Du. buque Conservation Society, and the U. S. Coast Guard Auxiliary, and others, specifically as such in- terest relates to the development of public access and recreational facilities in the vicinity of the north shore of the Dubuque Ice Harbor; and WHEREAS, the City of Dubuque, Dubuque County Metropolitan Area Planning Commission, and the Iowa State Highway Commis. sion have commenced efforts toward planning and desigu of certain major roadway improve- ments within the genera] area of the East Fourth Street peninswa; and WHEREAS, it is the duty of the City Council of the City of Du. buque, Iowa in consultation with the Planlling aud Zoning Commis- sion and pursuant to powers and responsibilities set forth in Chap. ter 373 and Chapter 414 of the Code of Iowa 1973, to plan for and secure the most appropriate use of land throughout the com. munity and to provide that the public welfare shall be served thereby. NOW THEREFORE BE IT RE- SOLVED ,by the City Council of the City of Dubuque, Iowa: Section I. That the City Council of the City of Dubuque, Iowa here- by expresses its intent to cause a reexamination of land use plans and policies now in force in an area known as the East Fourth Street Peninsula, being an area hounded on the south by the Du. buque Ice Harbor, on the west by the tracks of the Chicago.Milwau- kee and St. Paul Railroad, on the northwest by Ninth Street and Kerper Boulevard, on the north. east by Dove Harbor and on the east by the Mississippi River, and that such reexamination shall be made in the view that possibilities for new development may be more 'I supportive of the public welfare and common good of the commun. ity and region. 302 Speçial Session, May 28, 1974 SectIon 2. That the City Mana. ger be and is hereby directed to prepare a Scope of Study and oth. er appropriate documents setting forth the assignment of responsi. bilities and direction of effort for conswtant.aided investigation of plans, policies and projects, which 8haI1 be formwated to: a. Review current use and de- velopment potential of land, for pu.rp0s3s of determining the most appropriate use of public and pri. vate property in tha area of the East Fourth Street Peninswa above described, including but not limited to proposals for public access or recreational development therein. b. Review of current plans for roadway development and traffic access in the East Fourth Street Peninsula, for the purpose of de- termining the feasibility and de. sirabllity of revised thorough. fare plana in said area. c. Review of railroad facilities and operations in the area for the purpose of determining the feasi- bility and de&irabily of modifying such facilitias to aehieve improved operations and/or land-use pat- terns in said area. d. Propose methods, schedwes, and plana for acquisition or dis- position of property, for design, flnanelng and Installation of ap- propriate facilities and improve- ments, and for appropriate regula. tory policies to he applied in said area. Section 3. That the Board of Dock Commissioners of the City of Dubuque Is hereby requested to consult with the City Manager and City Council in guiding the ef. fort. and objectives herein ""t forth. Pal5$ed, approved and adopted thJa 28th day of May, 19n. Allan T. Thoms Mayor C. Rohert Justmann James E. Brady EmU Stackis Alvin E. Lundh Counci1Illen Attest: Leo F. Fromme1t CIty Clerk ()QunciJman Lundh moved adop- ÜO1I of the resolution. Seconded by Councilman Justmann. Carried by the ,following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh Stackis. ' Nays-None. RESOLUTION NO. 209.74 A Resolution establishing a Mor- atorium on the Issuance of build. ing permits within the area hereinafter described in the City of Dubuque, Iowa; establishing the duration of said Moretorlum; and setting forth such purposes a. shall be served thereby. WHEREAS, ,the City Council of the City of Dubuque, Iowa bas, by virtue of its Resolution No. 208-74, declared its intent to reexamine land use patterns and regulatory policies currently in force in an area generally known as "the East Fourth Street peninswa Area"; and WHEREAS, the City Council of the City of Dubuque, Iowa, pursu. ant to ,the aforesaid Resolution No. 208-74, has directed that efforts now he commenced to develop new plans and policies for said area; and WHEREAS, new construction undertaken subsequent to the pas- sage of Resolution No. 208-74 may he found to be Incompatible with development goals and policies as may be adopted pursuant to such offorts now commenced: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section I. That there shall henceforth be a moratorium on the issuance of building permits within the area described as "the East Fourth Street Peninsula, be- ing an area bounded on the south by the Dubuque Ice Harbor, on the west by the tracks of the Chi. cago-Mllwaukee and SlPaul Rail. road, on the northwest by Ninth Street and Kerper Bowevard, on the northeast ,by Dove Harbor and on the east by the Mississippi Riv. er" in the City of Dubuque, Iowa, according to recorded plats there. of. Section 2. Tbat the Building Commissioner ,he and he is here. by directed to withhold issuance of building permits, not including plumbing permits or e1ectrica] permits, and to hereinafter stay the issuance of said building per- mits for a period of ninety (90) days. 303 Special Session, May 28, 1914 Paased, approved and adopted this 28th day of May, 1974. James E. Brady C. Rohert Justmann Alvin E. Lundh ()Qunclhnen Councilman Stack!s moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-Councllman Justmann. ReSOLUTION NO. 211.74 WHEREAS, applications for Beer Permits have .been submitted to this Council for approval and the same have been examined. NOW THEREFORE 1m IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following appiicatioD8 be granted and permita iasued upon the compliance with the terms of the Ordinances of .the City. CLASS "B" BEER PERMIT Phillip T. Langas, dha, Phil's Pizza and Chicken Hut, 11015 Loras Blvd. Passed,adopted and approved thJa 28tbday of May 1974- Allan T, Tho- llayor C. Rober! Jllstmalll1 Jamea E. Brady Emil Stackû Alvin E. LllIIdh Counctlmen Attest: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution as amended. Seconded by Councilman Lundh. Carried by the follòwing vote: Yea&-Councilmen Brady, Just. mann, Lundh. Nays - Mayor Thoma, Council. man Slackis. RESOLUTION NO, 210.74 BE IT RESOLVED ,by the City Counc!l of the CIty of Dubuque, Iowa, that the followillg having complied with the provisiona of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, he granted a permit to sell Cigarettes 'and Cigarette Papers within said City. Site Service Station #389, 1387 Dodge Street Martin C. Westerfield, 280 Locust Street Martin C. and Esther H. Wester. field, 2175 Central Avenue The Great AUantic and Pacific Tea Co., 3333 A$bury Road Wa]green Company, 555 J. F. Ken- nedy Road Lucky Stores, Inc., Eagle Store #109, 200 South Locust street Lucky Stores, Inc., Eagle Store #130, 1800 Elm Street Lucky Stores, Inc., Eagle Store #144, 3033 Asbury Street Lucky Stores, Inc., May's Drng Store #204, 3049 Asbury Road Hartig Drug ()Q., 700 Main Town Clock Plaza Hartig Drug Co., 22nd and Central Avenue Hartig Drug Co., 97 Locust Street Hartig Drug ()Q., 2255 J.F.K. Road BE IT FURTHER RESOLVED that the bonds filed with the ap- plications he approved. Passed, adopted and approved this 28th day of May 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh ()Quncilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoma, Council- men Brad¥, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 212-74 WHEREAS, applicationa for Beer Permits were filed by the within named applicants and they have received the approva] of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected aDd found to comply with the Ordinances of this City and they have flied proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City ()Quncil of the City of Dubuque, Iowa, that the Manager he authorized to cause to be isstIed to the follow. ing named applicants a Beer Per. mit. CLASS "B" BI!ER PERMIT Phillip T. Langas, dba, Phil's PIzza and Chicken Hut, 1105 Loras Blvd. Attest: Leo F. Frommelt City Clerk 304 Special Session, May 28, 1974 Passed, adopted and approved this 28th day of May 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-Noné. RESOLUTION NO. 213.74 WHEREAS, applications for Liquor Licenses have be.en sub- mitted to this Council for approval and the same have been examioed. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap. proved and licenses issued upon the compliance with the provi. sions of Chapter 131, Acts of the First Regular Session, 64th Gen. eral Assembly. CLASS "A" (CLUB) 'BEER AND LIQUOR LICENSE Dubuque Golf & Country Club, End of Randall Place CLASS "C". (COMMERCIAL) BEER AND LIQUOR LICENSE Fischer & Company, Inc., dha, Fischer Bowling Lanes, 880 L0- cust Street Passed, adopted and approved this 26th day of May 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nay~None. RESOLUTION NO. 214.74 WHEREAS, applications for Li. quor Licenses were filed by the within named applicants and they have received the approva] of this Council, and WHEREAS, the premises to be occupied by sucb applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is. sued to the following named ap- plicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club, End of Randall Place CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Fischer & Company, Inc.. dba, Fischer Bowling Lanes, 880 Lo. cust Street Passed, adopted and approved this 28th day of May 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adôp- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. The following were appointed by the Mayor to the Mayor's Indus- trial Development Advisory Com. mittee: Mayor, Allan T. Thoms; City Manager, Gilbert D. Chave- nelle; City Councilman, Alvio E. Lundh; Industrial Bureau, Robert Dorothy; Dock Commission, Wm. McEllhiney; Planning & Zoning, Wm. Knapp; Labor, Robert Runde; Environment, Ed Kahle; Board of Supervisors, Ray Scherrman. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the followiog vote: 305 Special Session, May 28, 1974 Yeas - Mayor Thoms, Council. men Brady, JustllWlll, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk Aipproved ..-=4 AdQpted ....J.9714 """"""""""""""""""""""""'.""""" Mayor """""""""""""""""""""""""""""" """"........................................,........... Councilmen Attest: """Cii;"'ëi~~k"""""""""""'"