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1974 June Council Proceedings ,~-_.~.. Regular Session, June 3, 1974 3I.Y7 CITY COUNCIL OFFICIAL Regular Sassior>, June 3, 1974- Council mat at 7:30 P.M. (C.D.T.) Present - Mayor Thoms, Coun. cllmen Bredy, Justmann, Lundh, Stackis. City Menager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had heen duly made and this is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may proper- ly come before the meeting. Rev. Robert Odden was present- ed with the Fire Department Chaplain Coat. Communication of lawa Depart- ment of Environmental Quality submitting Permit No. 74-112W, Aurora & Admiral streets Water Main Extension, Mettel Byrne Sub. & approving sanitary and function- al features, presented and read. Councilman Justmann moved the commmunication be received and filed. Seconded by Councilman Brady. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Low Rent Housing Comnûsion subnrlttmg nrlnutes of their meetmg of May 28tb, presented and read. Council- men Lundh moved the communica- tion be received and filed. Second- ed by Mayor Thoms. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. RESOLUTION NO. 215-74 May 31, 1974 Mr. Roger Lewis President of Amtrak WashIDgton, D.C. We, the undersigned members of the City Council of Dubuque, are mterested mthe institution of Amtrak service between Chicago and the Twin Cities, (Minneapolis and St. Paul), via the Burlington Northern route formerly known as the "Zephyr". The train would make north bound and south bound stops at Chicago, Aurora, Rochelle, Oregon, Savanna, East Dubuque, Prairie du Chien, LaCrosse, Wi- nona, and the Twm Cities. It is our feeling that a Zephyr run between Minneapolis-St. Paul, and Chicago would provide a val- uable transportation lmk for a considerable number of people m the tri-state area who are unable to avail themselves to other mass transportation possibilities. Histori- cally, the support of the tri-state area for the Burlington Zephyr was excellent and the general pub- lic now indicates that same sup- port. It nrlght also be noted that we are a major higher education center for the tri-states as we have three colleges, Clarke, Loras and the University of Dubuque. All of these schools have large numbers of students commg from areas to be serviced by a Burlington Zephyr route. BE IT THEREFORE RESOLVED, that the Dubuque City Council urges your development of the Burtington Northern from Chicago to the Twin Cities. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved the communication be received and filed and adoption of the resolu- tion. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. May 29, 1974 Honorable Mayor and City Council I am returning the petition of Schlitz Development Corporation requesting the installation of eleven street light standards on Clifford and Lagen Streets. The area ,has been investigated by the electrical inspector and it is recommended that eleven 175 watt mercury vapor type fÎJ,tures on metal standards be mstalled at the folIowmg locations: 308 Regular Session, June 3, 1974 Clifford Street 1. On easement between Lots 19 and 20 2. On easement between Lots 22 and 23 3. On easement between Lots 43 and 44 5. On easement between Lots 28 and 29 6. On easement betwen Lots 37 and 38 6. At the intersection of CIüford Street and HilIcrest Road Lagen Street 7. On easement between Lots 14 and 15 8. On easement between Lots 9 and 10 9. On easement between Lots 54 and 55 10. On easement between Lots 3 and 4 11. At the intersection of Lagen Street and HilIcrest Road Your approval of these mstalla- tions is requested. Gilbert D. ChavenelIe City Manager Councilman Stackis moved the communication be received and filed and the recommendation be approved. Seconded by Councilman Lundh. Carried 'by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. May 29, 1974 Honorable Mayor and City Council Attached is a letter and specifi- cations from Chief Dunphy for the purchase of a 1250 GPM Fire Pumper. I recommend that we re- quest bids on this equipment im- mediately. RespectfulIy, Gilbert D. Chavenelle City Manager Mayor Thoms moved the com- munication be received and filed and the City Manager be author- ized to receive bids and alternate of a nozzle. Seconded by Council- man Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. May 30, 1974 Honorable Mayor and Members of the City Council I have approved the Continua- tion Certificate of James G. Becker for sidewalk construction bond is- sued by the Western Surety Co., Bond No. 5264304, dated January 22, 1974 and desire to have your approval of same. Gilbert D. ChavenelIe City Manager Mayor Thoms moved the com- munication be received and filed arid filing approved subject to ap- proval of City Attorney. Seconded by Councilman .fustmann. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brády, Justmartn, Lundh, Stackis. Nays - None. May 29, 1974 HonotableMayor and City Council On May 15, 1974, Hugh L. Stouse, of 2030 Alta Vista, filed claim against the City of Dubuque in the amount of $40.69 andal. leging said damages occurred to his motor vehicle on May 13, 1974 as the result of striking a rock lying In the street near Kirkwood and Blake Streèts m the City of Dubuque, Iowa. This matter was referred to the City Attorney who made an in- vestigation thereof and fiods no liahility on the part of the City of Dubuque, and accordingly, it is the recommendation of the City Attorney that said claim of Hugh L. Stouse be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved approval of the recommendation. Seconded by Councilman Justmann. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. May 29, 1974 Honorable Mayor and City Council On May 15, 1974, Laura C. Hendricks (Mrs. Wm.) ot 888 South Grandview, this city, filed claim Regular Session, June 3, 1974 309 against the City of Dubuque, Iowa in the amount of $124.90 claimmg damages arising out of striking an alleged protruding corner of a sewer cover while mowing the lawn and thereby alIegediy damag. ing said mower ,beyond repair, the amount of damages claimed being fulI replacement costs for a new mower. This matter was referred to the City Attorney who has made an investigation thereof and finds no liability on the part of the City of Dubuque, and accordingly, it is the recommendstion of the City Attorney that the claim of Mrs. Hendricks be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved the recom- mendation be approved. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. May 30, 1974 Honorable Mayor and City Council On May 8, 1974, Ralph C. Elley, Jr., of 510 Primrose, Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $53.40 clainrlng damages to a tire and rim of his motor vehicle which allegedly occurred on May 8, 1974 as the result of striking a cracked manhole cover m the street at a pomt near Primrose and Keokuk Street in the City of Dubuque, Iowa. This matter was referred to the City Attorney who has made an mvestigation thereof, has checked with the City of Dubuque Street Department and conferred with the claimant. Said claimant has made an offer ()f settlement of his claim m the amount of $40.00 and it is the rec()mmendstion of the City Attorney that said offer of settlement be accepted and that the City Auditor 'be mstructed to draw warrant payable to Ralph C. Elley, Jr. m the amount of $40.00 ""d transnrlt same t() the City At- torney for delivery upon receipt of duly executed releases. Original claim Is returned here- with. R. N. Russo City Attorney Mayor Thoms moved the recom. mendation be approved and the City Auditor be instructed to issue proper warrant. Seconded by Coun. cilman Justmann. Carried by the followmg vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of Record and Hearing and Certifi- cate to amend the current budget, presented and read. Mayor Thoms moved the proof of publication he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. ORDINANCE NO. 38-74 An Ordinance Amending the B""get by OrdInance 1.74 and Ropealing Ordinance 25-74. said Ordmance having been pre. viously presented and read at the Council meeting of May 13, 1974, presented for Final Adoption. ORDINANCE NO. 38.74 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDI- NANCE 1-74 AND REPEALING OR- DINANCE 25.74. WHEREAS, IT IS NECESSARY TO AMEND THE CURRENT BUDGET TO PROVIDE APPROPRIATIONS TO COMPLETE PRIOR YEARS PROJECTS AND IMPROVEMENTS. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Th" ,he unexpended ",h h,l,n'" on h",d " ,be do" of ,he p",eding fi",1 ym ,nd "v,"ueo no, 'ppwp,i"ed in ,he o,;gio,1 budg" 'ppwved by O,din,n" 1-74, '" bmby ,llo""d ,nd ,ppwp,;- "ed fo, p'ymen' of ne"""y expendi. <om of ,i'r gomnmen, in ,he following fund, ,nd ,moun"; ",d 00 ,h" end ,be 'ppwP';"""" of fund, '" h",by ,u- rno,ized '° wi" 310 Regular Session, June 3, 1974 ¡n"...,d App'Op,;.tio1U $ <0,342.00 IS,386.00 34',777.00 JO,18S.00 H,'OO.OO <'.000.00 11,"<.00 12,88'.00 1.<17.00 <,S23.00 34,363.00 31.7".00 '.203.00 6,66'.00 22,00'.00 H',518.00 52.0H.00 f.nd GOD",I Sm" ..... .... Ro,d U" T.. Public S,f"y S,u;t";on Rdu" . ..., . S'w'g' ROD"I A;'pon Dock L;bmy w"" LighÛng Rocmtion Golf P"k ... .... Rmnu' Sh,,;ng T,mt ,nd Ag,ncy TOTAL Inm",d App,opri.Ûon ... $1,168,70<.00 P""d, .dop"d .nd .pprovod ,Ii;, 3,d d,y of Jun' 197<. AJ.n T. Thorn' M,yo, C. Rob", Ju"m'nn J>m.. E. B"dy Emil s",k;, Alvin E. Lundh Coundlm.. ATTEST, L", f. f,ommdt C;ty CI"k Pub!i,h,d omci.lIy ;n th, Td'g"ph H",ld now'p'!,,' th;, 6th d,y of Juno. 1'7<. Lro F. F<amm'!t C;ty CI"k It. 6-6. Mayor Thoms moved final adop- tion of the ordinance. Seconded by Councilman Lundh. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Verbal Petition by Councilman Stackis requesting reconsideration of the Citizens Advisory Commis- sion request for survey funds, pre- sented. Councilman Stackis moved motion to reconsider be approved. Seconded by Councilman Lundb. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - Councilman Justmann. Mayor Thoms moved questions 16 to 36 m the survey be recon- sidered by the Comnûssion. Sec- onded by Councilman Lundh. Car. ried by the followmg vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays - Councilman Justmann. Petition of Steve Miller et al re- questing the City to provide a facility to be used for off-road ve- hicle riding, such as nrlni-bikes motorcycles and snowmobiles, pre: sented and read. Councilman Stackis moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Lundb. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Bud Gatena and Eldon Wilwert addressed the Council requesting consideration of an area around the airport, realizing that F.D.R. Park is not 'available. Mayor Thoms moved the petition of Steve Miller et albe referred to the Airport Comnrlssion for study and report. Seconded by Councilman Just. mann. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. Petition of CouneiIman Lundh requestmg Council permission to attend a NAHRO conference on neighborhood preservation and Housmg Rehabilitation at Denver, Colo., July 15, 16, & 17th, present- ed and read. Mayor Thoms moved permission be granted to Council- men Lundh and Staekis. Seconded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. Petition of Fondell & Sons Inc., requesting pernñssion to excavate at mtersection of Woodrow & HilI. crest Drive for water IIDe connec- tion, presented and read. Mayor Thoms moved the petition be ap- proved. Seconded by Councilman Brady. Carried by .the folIowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. Petition of Peoples Natural Gas requesting pernñssion to excavate at 2009 Rhomberg Avenue to pro- vide service toa new customer, presented and read. Mayor Thoms moved the petition be approved. Seconded by Councilman Brady. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- Regular Session, June 3, 1974 311 men Brady, Justmann, Lundb, 8taclds. Nays - None. Petition of Leo A. McCarthy at- torney, requesting permission to address the Council m behalf of Michael Clemens & Clemens Bev. erage Inc. as to the construction of a warehouse between East 3rd and East 4th Streets, presen.ted and read. Mayor Thoms moved the petition be received and filed and referred to the City Manager for report m two weeks. Seconded by CouneiIman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Attorney McCàrthy agreed to wait for the report in two weeks. Proof of Publication, certified to by the Publisher, of Notice of Levy of Special Aasessment and Intention of the Council to issue Bonds to for the construction of East 4th Street Extension Sanitary Sewer 1973, presented and read. No written objections were filed and no oral objectors were present m the Council Chamber at the time set for the public hearmg. Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. Statement of City Clerk certify. mg that notices of levy were mailed by certifed mail on May 9, 1974, to property owners of record subject to payment of East 4th Street Extension Sanitary Sewer 1973, presented and read. Mayor Thoms moved the statement be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 216-74 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for East 4th Street Exten- sion Sanitary Sewer, by Tschiggfrie Excavating Contractor, m front of and adjommg the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth m the following schedule 4th Street Extension Sanitary Sewer William Miller, All 4th Street Place ..................$ 2,135.57 The Aspermont Com- pany, (Leased to Pick. ett Co.), 1-13, Dubuque Harbor Improvement BIk. 5 ............................ 300.32 The Aspermont C0m- pany, (Leased to Pick- ett Co.), 1.14, Dubuque Harbor Improvement BIk. 5 .."........................ 262.18 The Aspermont Com- pany, (Leased to Pick- ett Co.), 1-9, Dubuque Harbor Improvement BIk. 5 ............................ 467.69 The Aspermont Oom- pany, (Leased to Pick- ett Co.), 1-8, DUbuque Harbor Improvement BIk. 5 ............................ 343.22 The Aspermont Com- pany (Leased to Pick- ett 60.), 1-7 Dubuque Harbor Improvement BIk. 5 ............................ 343.22 The Aspermont Com- pany, (Leased to Pick- ett Co.), 6, DUbuque Harbor Improvement BIk. 5 ............................ 162.07 The Aspermont Com. pany, (Leased to Pick- ett Co.), 1-10, Dubuque Harbor Improvement BIk. 5 ............................ 352.75 The Aspermont Com- pany, (Leased to Pick- ett Co.), 1-11, Dubuque Harbor Improvement BIk. 5 ............................ 352.75 The Aspermont Com- pany, (Leased to Pick- ett Co.), 1-12 Dubuque Harbor Improvement BIk. 5 ............................ 352.75 The Aspermont Com. pany, (Leased to Pick. ett Co.), All, Vacated Alley (southside) ........ 381.35 The Aspermont Com- pany, (Leased to Pick- ett Co.), All, Vacated Pine Street (south- side) .............................. 858.04 312 Regular Session, June 3; 1974 The Aspermont Com- pany, (Leased to Pick- ett Co.), 1.22, Dubuque Harbor Improvement Blk. 6 ...............m....."'" 343.22 The Aspermont Com- pany, (Leased to Pick- ett Co,), 1-23, Dubuque Harbor Im,provement Blk. 6 ...............m.."""" The Aspermont Com- pany, (Leased to Pick- ett Co.), 1-24, Dubuque Harbor ImProvement Blk. 6 ..m..........m.....m.. The Aspermont Com- pany, (Leased to Pick. ett Co.), 1-21, Dubuque Harbor Improvement Blk. 6 ............................ The Aspermont Com- pany, (Leased to Pick- ett Co.), 1-20, Dubuque Harbor Improvement Bile 6 ............................ The Aspermont Com- pany, (Leased to Pick- ett Co.), 1_19, Dubuque Harbor Improvement Blk. 6 ..................m....'" 352.75 The Aspermont Com- pany, (Leased to Pick. ett Co.), 1-18, Dubuque Harbor Improvement Ci~:k.o~ 'D~¡;~q~~:""ï:ï: Dubuque Harbor Im- provement Blk. 6 m'" City of Dubuque, 1.2 Dubuque Harbor Im- provement Bile 6 ...... City of Dubuque, 'h, Vacated Alley (north- side) ....m...............m..."" The Aspermont Com- pany, 'h, Vacated Al- ley (northside) ......."". 200.21 The Aspermont Com- pany, All, Vac,ated Tower Street (south- side) "...""m.""""""""'" The Aspermont Com- pany, 5, Dubuque Har- bor Improvement Blk. 3......................mm..m..... The Aspermont Com- pany, 4, Dubuque Har. bor Improvement Blk. 3 ...............m.....""""""'" The Aspermont Com- pany, 3, Dubuque Ear- bor Improvement Blk. 3 ......................m....."""" Interstate Power Com- pany, 2-21, Dubuque Harbor Improvement Blk. 26 ...m..""""""""" 238.35 Interstate power Com' pany, 2-22, Dubuque Harbor Improvement Blk. 26 ........m.........m... 333.68 Interstate Power Com. pany, 2-23, Dubuque 343.22 I :~:"'~ ..~~,:,,~~~~~.t 333.68 Interstate power Com- pany, 2.24, Dubuque Harbor Improvement Blk. 26 .......................... 238.35 343.22 I City of Dubuque, 1, Pub- lic Square ........m.m..'" 1,016.78 City of Dubuque, 1-1.7, Dubuque Harbor lm- 352.75 I cif:ov:fe~~b~~';e~ 1:8: 343.22 Dubuque Harbor Im- provement Blk. 22 .... 343.22 Ci%'ub~~u~u~~i~~~ ~: 352.75 I provement Blk. 22.... 28.60 City of Dubuque, 1.1-29, Dubuque Harbor im- provement Blk. 22.... 219.28 City of Dubuque, 1-1-23, Dubuque Harbor Im- provement Blk. 22 .... 333.68 City of Dubuque, 1-27 Dubuque Harbor Im- provement Blk. 22.... 333.68 23,6.01 I CIty of Dubuque, 1-26, Dubuque Harbor Im. 314 62 I provement Blk. 22.... 57.20 . City of Dubuque, 1-1-16, Dubuque Harbor Im- 190.68 I provement Blk. 26 ...... 343.22 City of Dubuque, 1.17, Dubuque Harbor Im- 200.21 I provement Blk. 26 ...". 333.68 City of Dubuque, 1-18, Dubuque Harbor Im. provement Blk. 26 ...... 181.14 $16,309.02 1,208.5 tin. ft. 8" VTP @ 843.51 I $6.25 ...............m............$ 8,003.13 28.4l lin. ft. MaIlhole sidewalI @ 30.00 ........ 852.30 3814 I 7 no. of Manhole bases . @ 80.00 ........................ 560.00 7 no. of Manhole Iting and Cover @ 70.00.... 490.00 762.71 I 68.4 lin. ft. Curb & Gutter replacement @ 10.00 .........................m.. 684.00 1,209.60 sq. ft. Sidewalk 381.35 I replacement @ 1.00.... 1,209.60 685.0 sq. yd. Seeding @ 0.60 411.00 28.60 Regular Session, June 3, 1974 313 1 Lump Street replace- ment @ 2,637.98.... 2,637.98 Construction Cost ......$14,848.01 Engineering & inspec- tion ...........m.......m........ 1,315.94 7% - 52 days .............. 145.07 Project Cost ............$16,309.02 Assessable ................$16,309.02 All of which is assessed in pro- portion of special benefits con- ferred. Passed, adopted and approved this 3rd day of June 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Enrll Stackis Alvin E. Lundh Councilmen 57.20 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Göuncilman Lundh. Carried by the flJllowing vote: Yeas - Mayor ThOms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of hearing to consider proposal to issue sewer .bonds to pay for as- sessed cost of constructing the East 4th Street Extension Sani. tary Sewer 1973, presented and read. No written objections were filed áIld no oral objectors were pres- ent in the Council Chamber at the time set for the public hear- ing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Council. man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 217.14 Resolution providing for the is- suance of sewer bonds for the purpose of providing for the payment of the assessed cost of City of Dubuque 1973 East 4th Street Extension Senitary Sewer. Whereas tbe contract heretofore entered into by the City of Du- buque, Iowa for the improvements hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has deternrlned that $12,069.81 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor: and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in. tention of the City Council to issue bonds for the purpose of provid- ing for the payment of the as- sessed cost of said improvement and a public hearmg has been held, pur. suant to such notice and alI objec- tions made thereto have been con. sidered and determined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for tbe pay. ment of tbe assessed cost of City of Dubuque 1973 East 4th Street E"tension Sanitary Sewer there shalI be issued sewer bonds in the amount of $10,000.00 Dollars in an- ticipation of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called sew- er bonds: and shalI bear the date of June 1, 1974: and shall be num- bered conseeutively; and they shall be numbered, divided mto series, and be in such denonrloations and for such maturity dates as are shown m the following table: Series No.1, Bond No.1, Denom. ination $1,000.00, Maturity April 1, 1975 Series No.2, Bond No.2, Denom- mation $1,000.00, Maturity April 1, 1976 'Series No.3, Bond No.3, Denom- ination $1,000.00, Maturity April I, 1977 Series No.4, Bond No.4, Denom- ination $1,000.00, Maturity April 1, 1978 Series No.5, Bond No.5, Denom. mation $1,000.00, Maturity April 1, 1979 Series No.6, Bond No.6, Denom. ination $1,000.00, Maturity April 1, 1980. Series No.7, Bond No.7, Denom- ination $1,000.00, Maturity April 1, 1981 special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and -go required to be done, prec- edent to and m issuing this series of bonds, have been done, hap. pened, and performed, m regular and due form, as required by law and said Resolution, and for the ..........ent, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond ,to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 3rd day of June, 1974. (SEAL) 314 Regular Session, June 3, 1974 Regular Session, June 3, 1974 315 Series No.8, Bond No.8, I>enom- I ination $1,000.00, Maturity April 1, 1982 Series No.9, Rond No.9, Denom. ination $1,000.00, Maturity April 1, 1983 Series No. 10, Bond No. 10, Denommation $1,000.00, Maturity April 1, 1984 3. Said bonds shall bear Interest at the rate of six per cent per an. num, payable annually m accord- ance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable m any way, except for the application of said special .......ment lunda. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therem at the option of the City of Dubuque and shall be In sub- stantially the following form: No. ....................................................... Series No. .......................................... CITY OF DUBUQUE -.. Bond The City of Dubuque m the State of Iowa pronrlses .to pay as here- mafter mentioned to the bearer hereof, the sum of 1 thousand dol- lars with mterest thereon at the rate of six per oent per annum, pay. able annually, on the presentation and surrender of the mterest cou- pons hereto attached. Both princi. I pal and Interest of this boDdare payable at the office of the City neasurer m the City of Dubuque, m the State of Iowa. TIIis bond is issued by the City of Dubuque un. der and by virtue of Chapter 396 of the 1973 Code of Iowa, as amend- ed, and the Resolution of said City duly passed on the 3rd day of June, 1974, being Resolution No. 217-74- This Bond is one of a series of 10 bonds, all for $1,000.00 numbered from 1 through 10, all of Uke tenor and date, and issued for the pur. pose of providing for the deferred payment of assessments levied for the City of Dubuque 1973 East 4th Street Extension Sanitary Sewer as described In said Resolution, m said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable oIlty out of the Special Assessment Fund 1301 created by the collection of said ""'~ these bonds shalI be called and re- tired in the same order as num- bered. The notice of election to call these bonds shall be given by Reg- ular United States Mail addressed to the last known address of the purchaser. 10. Passed, adopted and approved .this 3rd day of June, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Mayor City Clerk (Form of Coupon) On the ........... day of ............, the City of Dubuque, Iowa, promises to pay to the bearer, as provided m said bond, the sum of ................ Dol- lars, m the office of the City Treas- urer in the City of Dubuque, being ........ months' mterest due that date on its .............." Bond No. ................ dated ............................................. Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby mstruoted to cause said bonds to be prepared and wben so prepared to execute said bonds and that the City Clerk be and he is hereby mstructed to register said bonds m a book kept for that purpose and to then deliver tbem to .the City Treasurer. 7. That the City Treasurer is here- by mstructed to sell said bonds m the manner provided by law, the proceeds of said sale to be placed m a special fund to be known as Special Assessment Fund 1301 and paid out by him to pay the cost of said contract. 8. That the mterest coupons at- tached to the bonds be signed with the facstnñ1e signature of the May- or and counterstgned with the fac. simile signature of the City Clerk. 9. That as fast as funds alIow, begirtnIDg with the second year af. ter the payment of interest due, Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cil Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. NaY8-'None. Proof of Publication, certified to by the Publisher, of Notice of Sale of Project Notes for Urban Renewal, presented and read. Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. man Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 218-74 Authorizing the Sale, Issuance and Delivery of Proiect Notes in the Aggregate Principal Amount of $IA90,OOO and the Execution of Requisition Agree- ment No. 3-74 in connection with the Downtown Urban Renewal Proiect, Project No. I_a R.I5. WHERAS, the City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government", provid. mg for a loan by the Government to the Local IssrtIDg Agency for financmg the urban renewal, low. rent housmg or redevelopment project (s) described in the Con. tract and herein called the "Pro. ject"; and WHEREAS, pursuant to adver- tisement for the receipt of pro. posals for the purchase of the Third Series 1974 of Project Notes (herem sometimes called "New Project Notes") of the Local Is- suing Agency aggregatmg $1.- 490,000, which appeared ina No- tice of Sale published on May 7, 1974, and May 14, 1974, in The Telegraph Herald m the City of Dubuque, Iowa, and m The Daily Bond Buyer m the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issumg Agency were received, opened, and canvassed at the time and place mentioned in said ad- vertisement, to wit: at Council Chambers, City Hall, 13th and Iowa m the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T. on May 21, 1974, which proposals are as folIows: Name of Bidder: Bank of America N.T. & SA., Bankers Trust Com- pany. Interest Rate: $5.71 %. Principal Amount: $1,490,000. Premium: $33.00. Name of Bidder: Salomon Broth- ers, Morgan Guaranty Trust Co. of New York. Interest Rate: 5.71%. Principal Amount: $1.- 490,000. Premium: $39.00. Name of Bidder: First National City BaIlk & Associates. Interest Rate: 5.80%. Principal Amount: $1,490,000. Premium: $35.00. Name of Bidder: Contmental Na- tional BaIlk and Trust Company of Chicago. Interest Rate: 5.82%. Principal Amount: $1,490,000. Premium: $17.00. Name of Bidder: First National BaIlk of Boston, Lehman Broth. ers, Inc. Interest Rate: 5.95%. Principal Amount: $1,490,000. Premium: $37.00. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section I. The aforesaid publi. cation of the Notice of Sale and the form and contents thereof as so published are hereby, in all respects, approved, ratified and confirmed. Section 2. 1Il order to provide funds to pay expenses mcurred or to be mcurred in the development of the Project, or to refund, re- 316 Regular Session, June 3, 1974 new or extend its oustanding Notes issued in connection there- with, the Local Issuing Agency hereby determines to borrow the sum of One MilIion Four Hundred Ninety Thousand Dollars ($1,490,- 000) and issue its negotiable Pro- ject Notes therefor. Section 3. The Local lssumg Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determmes that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as folIows: Principal Amount: $1,490,000. In- terest Rate: 5.71%. Purchaser: Bank of America N.T. & S.A., Bankers Trust Company. Section 4. Each Note shalI be dated June 18, 1974, shall be pay. able as to both principal and in- terest to bearer, on September 13, 1974. and, pursuant to each pro- posal for the purchase of said Notes hereinabove accepted, shall bear the rate of interest per an- num, payable at maturity; shall bear the numbers and be in the denominations; and shall be pay- able as to both principal and in- terest at the incorporated bank having trust powers or incorpor- ated trust company, as follows: Purchaser: Bank of America N.T. & SA, Bankers Trust Company. Numbers: 1-7, 8-15, 16-30, 31, 32. Denominations: $100,000, $50,000. $25,000, $10,000, $5,000. Interest Rate: 5.71 %. Payable At: Bank- ers Trust Company, New York None of such Notes shalI be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearmg on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor and City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Lo- cal Issuing Agency impressed, im- printed or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HOD-9010, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No. 3- 74" (herein called the "Requisition Agreement"), in substantially the form of HOD-9003, which is m- corporated herein by reference, to be entered into between the Local Issumg Agency and the Govern- ment. Section 6. The Requisition Agree- ment shall be executed m the name of the Local Issuing Agency by the manual or facsimile signa- ture of the Mayor of the Local Is- suing Agency 'and shall have the corporate seal of the Local Issumg Agency impressed, imprmted or reproduced thereon and attested by the City Clerk, ,and said officers are hereby authorized and directed to cause the Requisition Agree. ment to be properly executed. Section 7. For the punctual pay- ment of the prmcipal of and m- terest on the New Project Notes, the Local Issuing Agency hereby expressly and irrevocably prom- ises to pay any sums which may be received from the Government pursuant to the Requisition Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Is- sumg Agency for the 'benefit of the holders or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or required by the Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obliga- tions", "Advance Notes" or "Per- manent Notes") as issued in con- nection with the Project are here- by irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shall cease and termmate when monies or investment securities conver. tible mto cash not later than the maturity date of the New Project Notes, sufficient and for the pur- pose of ,paying the principal and mterest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Regular Session, June 3, 1974 317 Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issuing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accord- ance with the provisions of the Requisition Agreement Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each pay- ing agent for the New Project Notes in substantially the form of HOD- 9004 which is incorporated herem by reference, and to trausnrlt there- with (a) the New Project Notes for which the addressee is .the paying agent for delivery and payment and (b) a signature certificate and re- ceipt, in accordance with the terms of said letter, and to take such other actions as may be required to com- plete the delivery transaction m accordance with the terms of the letter to the paymg agent. Passed, approved, and adopted this 3rd day of June, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh City 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 of Sale of Lot 2 of Block 1 of River Front Sub. No.5 to Wm. C. Brown Com- pany Publishers, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Thoms moved the 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. RESOLUTION NO. 219-74 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearmg published m the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on May 3, 1974 and May 10, 1974, City Coun- cil of the City of Dubuque, Iowa met on the 3rd day of June, 1974, at 7:30 o'clock P.M. (Central Day- light Savings Time) in the City Council Chambers, City Hall, Du. buque, Iowa to consider proposal to dispose of mterest of the City of Dubuque, Iowa, in real estate, hereinaUer described, to Wm. C. Brown Company Publishers; and WHEREAS, City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or writ- ten, to the proposal to dispose of interest of City of Dubuque, Iowa, in the heremafter described real estate to Wm. C. Brown Company Publishers; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in the folIo wing described real es- tate, to-wit: Lot 2 of Block 1 of River Front Sub. No.5 in the City of Du- buque, Iowa containmg 3.6371 acres more or less. to Wm. C. Brown Company Pub- lishers for the purchase price of forty ($.40) Cents per square foot be and the same is h<1feby ap- proved, subject to the folIowing terms and conditions: I. That the said real estate be sold to said purchaser for the con- struction and erection thereon of such buildmgs as shall be necessary for the expansion purposes of the present structure occupied on real estate purchase from the City here- tofore by said purchaser. 2. That the sale price for said real estate shall be Forty ($.40) Cents per square foot Said pur- chase price shalI include installation of water, sanitary and storm sewer lines and street improvements. 3. That the construction of all buildings, yards, parking lots, fences and ancillary improvements shall be constructed m conformance with existing City codes and such uses 318 Regular Session, June 3, 1974 carried on said property shall be in accord with the City ordinances. 4. That the City of Dubuque, Iowa shalI retain a perpetual ease. ment for existmg water lines, existing sanitary sewer lines and stONl1 sewer lines and for utilities together with the right of ingress and egress to repair, inspect and mamtain the same. 5. That all utilities and services to proposed building shall be con- nected at buyer's expense. 6. That the applicant represents to the City that the purchase of said real estate is being made for the purpose of expansion of the Wm. C. Brown Company, PuJ¡. lishers. 7. The Wm. C. Brown Company Publishers does hereby represent and agree that it shall not selI or otherwise dispose of any portion, or all of the property, herein ap- plied to be purchased without of- fering same first to the City of Dubuque, Iowa for repurchase at the same price at which the appli- cant purchased same. 8. That convey,ance shall be by Quit Claim Deed. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver deed of con- veyance conveymg the above de- scribed real estate to Wm. C. Brown Company publishers upon receipt of the purchase price. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution m the office of the Dubuque County Recorder. Passed, approved and adopted this 3rd day of June, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Enrll Stackis Alvin E. Lundh Councilmen ~ttest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded ,by Coun- cilman Lundh. Carrted hy 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 Oon- tractors of the Receipt of Pro. posals for the Construction of the 1974 Concrete Pavmg with Integral Curb Project No.1 Tenth Street from Locust Street to Bluff Street and intersection of 9th & Bluff Streets, Contract No. 2. P.C. Con. crete Paving and Buildings Re- moval, presented and read. Mayor Thoms moved the proof of publica. tionbe received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays --- None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the Receipt of Pro- posals for the Construction of the 1974 Concrete Paving with Integral Curb, Project No.1, Tenth Street from Locust Street to Bluff Street and intersection of 9th and Bluff Streets. Contraet No.1, Traffic Signais and Signing, presented and read. 'Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Stackis. Carried 'by the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. May 31, 1974 To the Honorable Mayor and City Council Pursuant to your mstructions sealed proposals were received un- til 10:00 A:M., Thursday, 'May 30, 1974, for the improvement of Tenth Street from Locust to BIni!, and the intersection of 9th and Bluff. The lowest hid for Contract No. 1, Signals and Signing, was sub- nrltted by Moldt Electric Service Inc., of Dubuque, lawa. Their bid was 23.06% above the Engineer's Estimate. The lowest bid for Contract No. 2, Concrete Paving and Building Removal, was subnrltted by Tri- State pavmg Co., of Dubuque, Iowa. Their ,bid was '14.03% above the Engineer's Estimate. I recommend that the contracts for the improvement be awarded to Moldt Electric Service and Tri- State Paving. Gilbert D. Chavenelle City Manager Regular Session, June 3, 1974 319 Mayor Thoma moved approval of the recommendation. Seconded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Lundh, Stacki.. Nays - Councilmen Brady, Justmann. (Awarding Contract) RESOLUTION NO. 220-74 WHEREAS, sealed proposals have been subnrltted by contrac. tors for the City of Dubuque 1974 Concrete Paving with Integral Curb Projeet No.1 Tenth Street from Locust Street to Bluff Street and mtersection of Nmth and Bluff Streets. Contract No.2, P. C. Concrete Paving and Buildings Removal, pursuant to Resolution No. 173-74 and notice to bidders published m a newspaper published m said City on May 8, 1974 and May 15, 1974; and WHEREAS, said sealed propos- als were opened and read on May 30, 1974, and it has been deter. mined that the bid of Tri-State Pavmg Company, Inc., Division of Dubuque Stone Products Com. pany of Dubuque, Iowa in the amount of $48,479.80 was the low- est bid for the furnishIDg of all labor and materials and perform. mg the work as provided for m the plans and specifications; now , therefore, I BE IT RESOLVED by the CIty Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Tri-State Paving Company, Inc., Division of Dubuque Stone Products Company and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Pasaed and adopted this 3rd day of June, 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 Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men, Lundb, Stackis. Nays-Councilmen Brady, Just- mann. (Awarding Contract) RESOLUTION NO. 221.74 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No.1 Tenth Street from Locust Street to Bluff Street and intersection of Ninth and Bluff Streets. Contract No. I, Traf- fic Signals and Signing pursuant to Resolution No. 173-74 and notice to bidders published in a newspa. per published m said City on May 8, 1974 and May 15, 1974; and WHEREAS, said sealed propos. als were opened and read on May 30, 1974, and it has been deter. nrlned that the hid of Moldt Elec- tric Service, Inc. of Dubuque, Iowa m the amount of $15,199.80 was the lowest bid for the furnishIDg of all labor and materials and per. forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to 'Moldt Electric Service, 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 con. tract and the approval of the con. tractors 'bond the City Treasurer is authorized 'and mstructed to re- turn the bid deposits of the unsuc. cessful bidders. Passed and adopted this 3rd day of June, 1974- Allan T. Thomo Mayor Emil Stackis Alvin E. Lundb Councilmen Attest: Leo F. Frommelt City Clerk ~"",' Regular Session, June 3, 1974 that the bonds filed with the ap. plication be approved. Passed, adopted 'and approved this 3rd day of June 1974. Allan T. Thoms Mayor James K Brady Emil Stackis Alvm E. Lundh Councilmen 320 Mayor Thoms moved adoption o( the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, council- men Lundh, Stackis. Nays-Councilmen Brady, Just- mann. Proof of publication, certified to by.the'.Publisher; of Notice to Bid- ders for equipment of Phase II ad- ditions to the Wastewater, Treat- ment Plant for centrifuges, oxygen supply system, oxygen dissolution 'system, sludge thermal condition- ing system,. presented and read. Mayor Thoms moved the proof Of publication be received and filed. 'Seconded by Councilman Lundh. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. N:ay..-None. Communication of City Manager recommending approval of letters 9f intent to be signed by the Ma- I yor and the Consulting Engineers be .directed to proceed with the completion of design of the proj- ect to utilize various major equip- ment components, alI subjeçt 00 'approvO¡ . of EPA, and submitting a resolution a\lthorizing t\1e Mayor to execute a letter of mtent to certain major equipment suppliers for the Phase II Wastewater Treat- ¡nent Facility, presented and read. Mayor Thoms moved the commu- nication and resolution be re- cÈ'¡ved and filed and referred back to the City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas .~ Mayor Thoms, Council- men Brady; Justmann; Lundb, Stackis. Nay..-None. RESOLUTION NO. 222-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within the said City. Beecher Co., Inc., 2399 White St. Beecher Co., Inc., 1691 Asbury St. Nash Finch Co., John F. Kennedy Rd. BE IT FURTHER RESOLVED """ - 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, Lundb, Stackis. Nays---Councilman Justmann. RESOLUTION NO. 223-74 WHEREAS, applications for Beer Permits have been subnrltted 00 this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Beecher Co., Inc., dba, Beecher Beverage #2, 1691 Asbury Rd. Beecher Co., Inc., dba, Beecher Beverage #1, 2399 White St. Passed, adopted and approved this 3rd day of June 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. oilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nay..-None. RESOLUTION NO. 224-74 WHEREAS, applic'ations for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Regular SessÎqn, June 3, 1974 321 WHEREAS, the prenrlses to 'be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named applicants a Beer Per- mit. CLASS "C" BEER PERMIT Beecher Co. Inc., dba, Beecher Beverage #2, 1691 Asbury Rd. Beecher Co. Inc., dba, Beecher Beverage #1, 2399 White St. Passed, adopted and approved this 3rd day of June 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 Councilman Lundb. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 225-74 WHEREAS, appiications for Li- quor Licenses have been subnrltted to this Council for approval and the same have been exammed. 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 "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ronald T. Amundson and Richard R Winsor, dba The Carnival, 253 Main St. Passed, adopted and approved this 3rd day of June, 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, Justmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 226-74 WHEREAS, applications for Liq- uor Licenses were filed by the withm named appiicants and they have received the approval of this Council, and WHEREAS, tbe premises. to be occupied by such applicants were mspected and .found to comply with the State Law and all City Ordinances relevant thereto and they !rave filed p",per bonds. NOW THEREFORE BE IT RE- SOLVED .by the City Council of Dub\lque, Iowa, that the Manager be authorized to cause to be.issued to the following named applÚ;ants a Liquor License. CLASS "<;" (COMMERCIAL) BEER AND LIQUOR LICENSE Ronald T. Amundson and Richard R Wmsor, dba, The Carnival, 253 Mam St. Passed, adopted 'and approved this 3rd day of June, 197~.. . Allan T. Thoms Mayor C. Robert Justmann James E. Brady Enrll Stackis Alvm E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundb. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nay..-None. At 9:10 P.M. Mayor Thoms moved that the Council go into executive session 00 consider ap- pointments to various Boards and Commission. Seconded by Council- man Lundh. Carried by the folIow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. 322 Regular Session, June 3, 1974 At 9:45 P.M. the Council recon- vened in regular session. Council- man Lundh moved the folIowing appomtments: Mary Neuhaus re- appointed to the Advisory Com- mission to 6-1-77, three year term; Gerald P. Swift to 3-16-76 to reo place Mr. Adrian Swift on the I Heating, Ventilating, Air Condi. tioning Board; Duane R. Giesler and Jean Hartness to the Planning & Zoning Comnûssion for five year terms to 1$-25-79. Seconded by Councilman Justmann. Carried by the following vote: Yea. - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. There being no further busmess, Councilman Brady moved to ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved .................................. 1117t. Adopted .................................... 1117t. -""'.""""'-'-"""-".iïãÿö¡:...............m........ -_......_.__......_m...m...................m..m...... -.........................-............................................. -.......-...-...................-........................m.." Councilmen ~~~;.................._......._..................._.......... City Clerk Special Session, June 5, 1974 323 CITY COUNCIL OFFICIAL Special Session, June 5, 1974. .... Council met at 4:00 P.M. (C.D.T.) Present-Mayor Thoms, Council. men Brady, Lundh, Stackis. City MiHlager Gilbert D. Chavenelle. Absent-Councilman Justmann. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con. sidering of a grant application along with appropriate resolutions requesting funds for the commu. nications center of the joint City. County Law Enforcement Center and actmg upon such other busi- ness as may properly come before a regular meeting of the Council. June 5, 1974 To the Honorable Mayor and City Council Attached is "Application for Grant" and associated resolutions related to the request of funds for the communications center of the Joint City-County Law Enforce- ment Center. The estimated cost of equipment for the communica- tions center of the jomt law en- forcement facility is $96,985.00. Under the provisions of the at- tached grant, the State Planuing Agency would provide $72,738.75 and the balance of $24,246.25 would be split equally ($12,123.12) between the City of Dubuque and the County of Dubuque. The design of commuuications for the City-County has been split into two phases, identified as short and long term. The funding re- quested m this grant application relates to the short term phase of the project and principalIy to the facilities to be installed in the center. The long term phase pro- vides for instalIation of a high- band county-wide system and pur. I chase of mobile and portable units for both city and county systems. The Northeast Area Iowa Crime Comnrlssion has stressed upon us the urgency of filing this applica- tion with them no later than June 6, 1974. The director of the North- east Area Iowa Crime Commission stated that the funds identified in the application are from fiscal year 1972 and have been tenta- tively reserved for the Dubuque City-County Law Enforcement Center until June 7, 1974. He has stated that if the appli- cation and related resolutions are not filed by that date, the City and County run the risk of losing the funding for the communica- tions center. You are, therefore, requested to approve the resolution authorizing the City of Dubuque to provide cash funds of $12,123.13 and to approve a resolution ,authorizmg the Northeast Area Iowa Crime Commission to act on behalf of the City of Dubuque in receipt, deposit and dispersal of funds re- ceived from the Iowa Crime Com- mission. Francis A. Murray Assistant City Manager Councilman Stackis moved the communication be received and filed, and the Mayor be authorized to sign the 'agreement. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundb, Stackis. Nays-None. Absent---Councilman Justmann. MATCHING RESOLUTION NO. 227.74 Whereas, the City of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 1974 cash funds for the following Iowa Crime Comnrlssion projects: Brief Description of Proj- ect Comunications Equipment and Consultant Services, Amount of Funds Being Provided $12,123.13, but not to exceed 50.0% of total project cost. ,Passed this 5th day of June, 1974. Allan T. Thoms Mayor Alvm E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. -- ....p"" Special Session, June 10, 1974 325 Special Session, June 5, 1974 RESOLUTION NO. 228.74 Councilman Brady. Carried by tbe BE IT RESOLVED that the City folIowing vote: of Dubuque hereby authorizes the Yeas - Mayor Thoms, Council- Northeast Iowa Area Crime Com- men Brady, Lundh, Stackis. mission to act in its behalf in the Nays-None. receipt, deposit and dispersal of Absent-Councilman Justmann. Federal Funds received from the There being no further business, Iowa Crime Comnrlssion for the Mayor Thoms moved the meeting purpose of carrying on the pre- be adjourned. Seconded by Coun- scnbed actlVlty as outlmed 10 the oilman Lundh. Carried by the fol- Program Application. . lowing vote: The N?rtheast Iowa Area Cnme Yeas - Mayor Thoms, Council- CommiSSIon shall use .sald Feder~l m n Brady Lundh staekis. Funds receIVed exeluSlvely for this 'kays-N~ne. ' program and for no other purpose, . and this unit of government sh~ Absent-Councllman Justmann. provide complete documentation of Leo F. Frommelt alI expenditures made ,by this unit City Clerk of government to the Northeast ~~~~ir~J.ea Crime Commission as I Approved In lieu of such documentation or for other violations of Federal and State ruled and regulations, I Adopted it is understood that aU funds re- maining in the possession of the Northeast Iowa Area Crime Com. mission may, upon approval of the Comnrlssion, be returned to the Iowa Crime Commission. Signed this 5th day of June, 1974. 324 Mayor Thoms moved the com- munication be received and filed and made a matter of record. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. CITY COUNCIL OFFICIAL Special Session, June 10, 1974. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Thoms, Council. men Brady, Justmonn, Lundh, Stackis. City Manager Gilbert D. Chavenelle. June 3, 1974 Honorable Mayor and City Council I hereby submit the annual statement for 1973 for Peoples Natural Gas Division. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com- munication be received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and Disbursements and list of claims for month of April, 1974, presented and read. Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Lundb. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is calIed for the purpose of acting upon a RESOLUTION OR RESO. LUTIONS AUTHORIZING THE FILING OF APPLICATIONS FOR SECTION 23 HOUSING ASSIST- ANCE PAYMENT PROGRAM, and acting upon such other busmess as may properly come before a regular meetmg of the Council. Communication of Playground & Recreation Comnrlssion submit- ting mIDutes of their meeting of May 13, 1974, presented and read. Mayor Thoms moved the communi- cation be received and filed. Sec- onded by Councilman Brady. Car- ried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. 1974. 1974. Mayor Allan T. Thomas Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen June 6, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, as amended, the Civil Service Commission con- ducted entrance exammations on April 11, 1974, for applicants seek- ing positions on the Fire Depart- ment. The following named applicants have passed both the written and physical exammations and are hereby certified for appointment to the Fire Department. Hutchcroft, John A. ................82% Lochner, Lawrence P. ............81 % Marvin A. VanSickie Chairman Louis F. Fautsch Civil Service Comnrlssion _....................m...................._.................m.....m..... June 7, 1974 Honorable Mayor and City Council I am returning to you the peti- tion requesting parking restric- tions on Rosemont Street during school hours. I recommend that the petition be denied and in sup- port of this recommend'ation I sub- mit a copy of a letter from Chief O'Brien. May I point out that Rosemont Street was designed and construct- ed as a "collector" street and the city paid for an extra ten feet of width over the normal residential street. The street surface is 32 feet wide, and it is iotended that there will be two passing lanes of 12 feet, an 8 foot parking lane on one side and no parking on the other. It does not appear that the traffic has yet developed to require this regulation. m................m..............m"""cöüüëiim:ëñ"" Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Attest: """"ë;ÏŸ"'ëii~~k""""""""""" Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 6th day of June, 1974. Z. D. Hantelmann Notary Public Gilbert D. Chavenelle City Manager 326 Special Session, June 10, 1974 Mayor Thoms moved the com- munication be received and filed and the recommendation of denial be approved. Seconded by Coun- cilman Lundb. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay8---"None. June 6, 1974 Honorable Mayor and City Council On September 3, 1971, City of Dubuque, Iowa was served with Original Notice with Petition at. tached,being Law No. 39235, wherein Mrs. Florence Thurston was named plaintiff and the City of Dubuque, Iowa as defendant, said petition praying for damages for personal injuries to said plain. tiff in the amount of $10,000.00 and alleging said injuries occur- rmg on June 7, 1971 as the result of the plaintiff's stepping on a piece of rock on the street m the crosswalk area on the intersection of Central Avenue and 32nd Street. This matter was referred to the City Attorney who has entered the appropriate defenses, and the plaintiff, through her attorneys, has made an offer of settlement of said matter in the amount of $350.00. It is the recommendation that said offer of settlement be accepted and that the City Auditor be instructed to draw warrant pay- able to Mrs. Florence Thurston in the amount of $350.00 and to draw warrant payâble to the Clerk of Court, Dubuque County, lawa in I the amount of $17.50 in payment of court costs, and to transnrlt same to the City Attorney for de- livery upon receipt of release and Disnrlssal with Prejudice of said cause. Original Notice with petition is returned herewith. R. N. Russo City Attorney Mayor Thoms moved the rec- ommendation be approved and the City Auditor directed to issue proper warrant. Seconded by Councilman Lundh. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nay8---"None. .~- .. June 4, 1974 Honorable Mayor and City Council On May 20, 1974, Arthur C. Tigges of 2770 Pennsylvania Avenue, this city, filed claim against the City of Dubuque in the amount of $11.58 and alIeging said damages occurred on April 20, 1974 as the result of loose rocks and gravel being thrown from tbe street by passing motor vehicles against the window and allegedly breaking same. Claimant alleges said rock and gravel washed into the street from a sewer project in the street. This matter was referred to the City Attorney who has made an investigation thereof and finds no negligence on the part of the City, and in view of same, it is the rec- ommendation of the City Attorney that said claim of Arthur C. Tigges be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved the recom- mendation of denial be approved. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY8---"None. STATE OF IOWA !Before the Departmental Hear. ing Board of the Iowa Beer and Liquor Control De.partment. In re Application for a Cia.. "C" Liquor License of Dubuque Post #6 of the American Legion, 1306 Delhi Street, Dubuque, Iowa 52001. Appeal No. 74-1G-Decision of the Hearing Board. The application of Dubuque Post No.6 of the American Legion for a Class "c" Liquor License was denied by the City of Dubuque, Iowa, on April 15, 1974. In accord- ance with Section 123.32(3), 1973 Code of Iowa, the Director of the Iowa Beer and Liquor Control De- partment automatically disap- proved the application, and the American Legion Post appealed to the Hearing Board. We reverse the Director and order the issuance of a license. A hearing was held before this Board on May 17, 1974, at which representatives of the American Special Session, June 10, 1974 327 Legion, the City of Dubuque, and neighbors of the American Legion Post appeared. The only issue ap- pears to be the mterpretation of Dubuque's comprehensive zonmg ordinance, Ordinance No. 3-34. The property on which the Ameri. can Legion Post is located is zoned Local Business District A. The city ordinance provides that any use allowed m a Smgle Family Resi- dence District is allowed in a Local Business District A classification. Club, lodge, or community center 'buildmgs are allowed m a Smgle Fanrlly Residence District "except where the principal activity of which is a service carried on as a business or has more than five sleeping rooms." The Legion contends that the primary purpose is the promo- tion of veterans. The City, on the other hand, argues that the issuance of a Class "c" Liquor License to the Legion would convert the Legion P<>st from a club into a tavern. The Iowa Supreme Court has said that zoning is an exercise of the po- lice power deiegated by the State to municipality and that such dele- gated power must be strictly con- strued-a zoning ordinance should not be extended by implication to prevent a use not clearly prohibit- ed. Livingston v. Davis, 243 Iowa...., 50 N.W.2d 596 (1951). As support for the position that the City had the right to deny the Legion's applica- ,tion for a liquor license, the attor- ney for the neighbors living around the Legion Post cites the case of Plaza Recreational Center V. Sioux City, 253 Iowa 246, 11 N.W.2d 758 (1961) in which the Supreme Court upheld a provision of the Soux City Zoning Ordmance which prohibited the consumption of beer or intoxi- cating liquor in bowling alleys lo- cated in a certain zoning district. That case, however, is distinguish- able from ,the present one. In the Plaza ease, the ordinance specifical- ly prohibited the consumption of beer and intoxicating liquor. The Dubuque ordinance contains no such prohibition. In accordance with the Supreme Court's state- ments in the Livingston case, supra, We declme to read into the Dubuque ordinance a prohibition which is not there. As the American Legion points out, beer permits have been grant- ed to religious and educational in- stitutions in residential districts in Dubuque. Just two days after the American Legion's application was denied, a Class B Beer Pernrlt was granted to a church located in a residential neighborhood. The City Attorneys contends that the fact that churches and colleges got beer permits is not relevant. We do not agree. As far as this Board can see, there is nothing m the ordinance which distinguishes clubs from churches and colIeges. All are uses pernrltted m a Single Family Residence District. In the past and still today, the City of Dubuque has mterpreted the zon- ing ordmance to alIow religious and educational mstitutions to have beer permits. The city has apparently not felt that the grant- ing of such permits would change these mstitutions mto taverns. The practice of granting these permits in residential districts has been established, and the City is now bound by these earlier decisions. To deny a liquor license m the instant case would be mconsistent with the precedent which the City has set, and therefore, this Board is of the opinion that the City act- ed arbitrarily and capriciously in denymg the Legion's application. The City believes that this Board should take into consideration a proposed change m the zoning or- dinance which would add the fol. lowmg sentence to the "club" clas- sification: "However, such uses may not include purposes or uses specifically limited to a lower zon. mg classification, either whole or in part." The City argues that this proposed change is mdicative of the City's future policy as to clubs and similar organizations in resi- dential neighborhoods. In this re- gard, .the following quotation from Fargo Packing Corporation v. Har- din, 312 F. Supp. 949 (N.D. 1970) is relevant: "Counsel for the Plaintiffs has also referred to various proposed amendments to the Act, now pend- ing in Congress, with the thought that if some are passed there nrlght be provisions which would constitute a basis for postpone- ment or delay in the enforcement of the Act in this state. Under the circumstances here prevailmg, this Court has absolutely no au. thority or jurisdiction, by any means, to delay or postpone en- 328 Special Session, June 10, 1974 forcement of the Act, regardless I of the likelihood of favorable Con- gressWnal legislation or of possi- ble future action by the state." Similarly, this Board must con- sider oI1ly tbe ordinance in effect at the time the Legion's applica- tion was denied. WHEREFORE, it is the decision of the Hearing Board that tbe Di. rector is reversed and that he is ordered to issue a Class "c" Liq. uor License to the applicant. Dated this 31st day of May, 1974, at Des Moines, Iowa. J. STUART KIRK Iowa Beer and Liquor Control Council Valley Bank Building 300 - 4th Street Des Moines, Iowa JACK LfNGE Department of Public Safety Lucas State Office Building Des Moines, Iowa DARBY MARIA CORIDEN Assistant Attorney General State Capitol Des Moines, Iowa Copies to: American Legion Post #6 1306 Delhi Street Dubuque, Iowa 52001 Mr. Donald Breitbach Attorney at Law Suite 222 Fischer Building Dubuque, Iowa 52001 City Council City Hall Dubuque, Iowa 52001 Mr. RolIand A. Gallagher, Dir. Iowa Beer and Liquor Control Department 300 - 4th Street Des Momes, Iowa 50309 Mayor Thoms moved the deci- sion of Hearing Board be received and filed and made a matter of record. Seconded by Councilman Lundh. Carried by the folIowmg vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. Councilman Brady moved the City Solicitor file an appeal m Di;strid Court. Seconded by Coun- cilman Justmann. Vote on the mo- tion was as folIows: Yeas--Councilmen Brady, Just- mann. l!'ays - Mayor Thoms, Council- men Lundh, Staekis. MOTION FAILED. Notice of Claim of Grace E; Av- ery, in an undetermined amount, for personal injuries received in a fall on a defective sidewalk go- ing from Main to Locust on right side of 9th Street on May 28, 1974, presented and read. Mayor Thoms moved the notice be referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of James W. Grant, m the amount of $2385.00 as the result of a plugged up sew- er at 890 W. 3rd Street on Febru- ary 27, 1974, presented and read. Mayor Thoms moved the notice be referred to the City Solicitor for proper proceedings. Seconded by Councilman Stackis. Carried by the folIowmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Notice of Claim of Robert Boy- arski in the amount of $200 for ex- pense incurred as the result of a backed-up sewer at 3445 Sunset Park Circle on June 7, 1974, pre- sented and read. Mayor Thoms moved the notice be referred to the City Solicitor for proper pro- ceedmgs. Seconded 'by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 6, 1974 Honorable Mayor and City Council I request your approval of an ordmance amending the Traffic Code. It is a correction of the wording of a section of the ordi- nance. Attached isa copy of a letter of explanation from Chief O'Brien. Gilbert D. ChavenelIe City Manager Mayor Thoms moved the com. munication ,be received and filed. Seconded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay&-None. Special Session, June 10, 1974 ORDINANCE NO. 39.74 An Ordinance amending Subsec. tlon e of Schedule VII of Ordi. nonce 33-49 known as the "Traffic Code of Dubuque, Iowa" ás amended, by repealing Subsection e of Schedule VII thereof ond enacting a new Subsection e of Schedule VII in lieu thereof tv prohibit the parking of motvr ve- hicles in the alley from East Fourth Street to East Eighteenth Street between Central Avenue and WhIte Street, presented and read. Mayor Thoms moved that the reading just had be considered the first readmg of the Ordinance. Se- conded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stac- kis. Nays - None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stac- Ids. Nays-None. ORDINANCE NO. 39.74 AN ORDINANCE AMENDING SUBSECTION, OF SCHEDULE VII OF ORDINANCE ".... KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMEND- ED. BY REPEALING SUBSECTION , OF SCHEDULE VII THEREOF AND ENACTING A NEW SUB- SECTION, OF SCHEDULE VII IN LIEU THEREOF TO PROHIJIIT THE PARKING OF MOTOR VE- HICLES IN THE ALLEY FROM EAST FOURTH STREET TO EAST EIGHTEENTH STREET BETWEEN CENTRAL AVENUE AND WHITE STREET NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, S",cion L Th" O,dinan" No. H-" known ~ th, "Tuffi, end, of Du- buqu" Iowa" ~ am<od,d, b, am,ndod by "p"Iing ,ub""ion , of S,h,du!, VII thm'of and ,na"in, a n,w mb- Re,ion , 01 S,h,dul, VII in li,n ,hmof " follow", "SCHEDULE VII ,. From E"t Founh S'reo' ro Em Eigh'"nth S'to" in ,h, .I1,y bo- tw"n Contul Avonu, and Whit< S""t." 329 P~"d, approvod ..d adopt,d ,h¡' IO<h day of Juno, I"'. All.. T. Thorn' May", C. Rob", J.,'mann Jam" E. Budy Emil S",ki, Alvin E. Lvndh Counoilm,n ATTEST, Loa F. Fromm,lt City CI"k Publ¡'h,d offioiilly in th, T"'g"ph H",!d N,w,p'",' thi, 13th day of Jun', I"'. Lou F. Fromm", City CI"k I'. 6-lJ. Mayor Thoms moved final ad<>p- tion of the Ordinance. Seconded by Councilman Brady. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stae- Iris. N'ays - None. Petition of Hillcrest Builders Inc., requestmg permission to ex- cavate in Kennedy Road at 1940, presented and read. Mayor Thoms moved the petition be approved subject to approval of the Engi. neering Department. Seconded by Councilman Justmann. Carried by the follawing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Stackis. Nays--None. Abstain-Councilman Lundb. PetitioDsfor suspension of 1973 taxes submitted by the County for Louise Bieberman, Helen M. Brad- ley, Blanche Donovan, Elsie E. Lange, Bernard W. Mibm, Robert G. Ogaard, Elma M. Rembold, due to mfirmity or old age, presented and read. Councilman Justmann moved the petitions be received and filed and approved and the City Clerk 'be authorized to sign. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Staekis. Nays-None. Petition 0( Marie Giese et al re- questing four way stop signs at Crissy Dr. & Kaufmann Ave. and Marywood Dr. & Crissy Dr., flash- ing caution lights; removal of shrubbery at Crissy Dr. & Kauf- lWlnn Ave., more frequent radar checks, lights at Kaufmann Ave, & J.F.K. Rd., a1so four way stop at Crissy Dr. and Kaufmann Ave., presented and read. Councilman 330 Special Session, June 10, 1974 Brady moved to suspend the rules I to let anyone present address the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Marie Giese spoke on behalf of her petition. Mrs. Carl Sanman ad- dressed the Council also relative to the petition. Councilman Just. mann moved the petition of Marie Giese be referred to the City Man- ager, Traffic Committee and Chief of Police. Seconded by Councilman Stackis. Carried by the folIowmg vote: Yeas - Mayor Thoms, CouneiI- men Brady, Justmann, Lundb, Stackis. Nays-None. Petition of Sisters of Sl Francis requesting rezoning of an addi- tional150' area from Multiple Resi- dence Planned Unit Development to Hospital Medical Zoning Classi- fication from Wmdsor Avenue west to solve sewer problem, pre- sented and read. Mayor Thoms moved the petition be referred to Planning & Zonmg Commission to report back to Council prior to public hearing. Seconded by Coun- cilman Lundb. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", so as to change certam heremafter described prop- erty from multiple residence- planned unit development district to hospital-medical district, pre- sented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordmance. Seconded by Councilman Lundb. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Mayor Thoms moved that the rule requiring an Ordinance be read on three separate days be waived. Seconded by Councilman .~- Lundh. Carried by the following vote: Yeas - Mayor Thoms, CouneiI- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on July 1, 1974, m the Coun- cil Chamber at the City Hall at 7:30 o'clock P.M. and that the Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Lundh. Carried by the folIowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of KDTH requesting permission to conduct a fireworks display at Petrakis Park on July 4th as a sponsor of a free admis- sion ballgame, presented and read. Councilman Lundb moved the pe- tition be referred to the City Man- ager and City Solicitor, and sub- sequently approved. Seconded by Councilman Staekis. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 5, 1974 Honorable Mayor and Members of the City Council The meeting with the Human Rights Commission and other in- terested groups relative to our pro- posed Affirmative Action program that I previously advised you of was, in fact, held on Tuesday eve- umg, June 4, 1974. At this meeting the Human Rights Comnrlssion subnrltted a list of ten recommendations and requested they be conveyed to you for your deliberation. Other groups have also subnrlt- ted to my office, through the Per. sonnel Manager, comments rela. tive to this subject as a result of previous meetmgs conducted by him. A copy of these letters are enclosed m the belief that they will afford you a broader perspec- tive as to views of other groups and mdividuals. A resolution to adopt the naIT3- live portion of our Affirmative Ac- tion Program will be subnrltted for consideration on June 10, 1974. Special Session, June 10, 1974 331 My office is working diligently on the additional phases of this program which include establish. ing realistic short range and long range goals and timetables for the utilization of nrlnority and women in our city work force. This final phase of our program will be submitted to you for con- sideration of adoption by resolu- tion on or about June 24, 1974. Gilbert D. ChavenelIe 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, Lundh, Stackis. Nays-None. Communication of Dubuque Hu- man Rights Comnrlssion request- ing relief from discussion of the Dan White's 701 report until it can 'be discussed among them- selves however they will be on hand to discuss their proposals concemmg the Affirmative Action I'rogram, presented and read. Dorothea Snrlth, Matt Lorenz, Edgar Friloux, Ruth Scharnau, Su- san Soley, Judy McCoy, all ad- dressed the Council relative to the Affirmative Action Program, ob- jecting to Personnel Director Wal- ter Bockes ,being appointed as Equal Employment Opportunity Officer. Councilman Stackis moved to hire an O. E. person for six months to fill job of Walter Bockes as equal employment oppportun- ity officer. Motion died for lack of a second. Mayor Thoms moved the communication of Dubuque Human Rights Commission be re- ceived and filed. Seconded by Councilman Stackis. Carried by the folIowmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 229.74 Resolution approving the City of Dubuque's Narrative Affirmative Action Program NOW THEREFORE BE IT RE- SOLVE.D BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the narrative of the City of Dubuque's Affirmative Action Program hereto attached, marked Exhibit "A" and by refer. ence made a part hereof as though fully set out herein, be and the same is hereby approved, and same is hereby adopted as the Affirmative Action Program of the City of Du- buque, Iowa bearing date of Janua- ry 1974. Passed, approved and adopted this 10th day of June, 1974. Allan T. Thoms May<>r James E. Brady C. Robert Justmann Alvin K Lundh Councilmen Attest: Leo F. Frammelt City Clerk Councilman Brady moved adop- Uon of the resolution. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays - Councilman Stackis. June 5, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission reviewed the final plat of Block 4 and Block 5 of "Knob HilI" Subdivision in the City of Dubuque, Iowa, on June 23, 1971. The Comnrlssion found, at that time, that the plat conformed to the approved preliminary plat for the area and met the nrlnimum require- ments of the Subdivision Regula- tions. It has been determined that there has been no change in this area sufficient to warrant reconsid- eration of the Commission's earlier approval, and your acceptance of the final plat of Block 4 and Block 5 of "Knob Hill" Subdivision is hereby recommended. Dauiel Dittemore Development Planner May<>r Thoms moved the com. munication be received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stac- Ids. Nays - None. RESOLUTION NO. 230-74 Resolution approving the Plet of Block 4 and Block 5 of "Knob Hill" in the City of Dubuque, Iowa. 332 Special Session, June 10, 1974 WHEREAS, there bas been filed with the City Clerk a plat of the Subdivision to be known as Block 4 and Block 5 of "Knob Hill" in the City of Dubuque, Iowa, by John Duggan, Trustee under the "Regina Duggan Trust"; and WHEREAS, upon said plat ap- pear streets to be known as Knob Hill Drive together with certain public utility easements which the Owners by said plat have dedicat. ed to the public forever; and WHEREAS, said plat has been examined 'by the City Planning and Zonmg Commission and bad its approval endorsed thereon; and WHEREAS, said plat has been exaroined by the City Council and they find tbat the same conforms to statutes and ordinances relat- ing thereto, except tbat street grades have not been established, the streets brougbt to grade, or paving, sewer or water mstalled; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Sect;on 1. That the dedications of Knob Hill Drive, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Block 4 and Block 5 of "Knob Hill" m the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are here- by authorized and directed to en. dorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Knob HilI Drive with bitunrlnous concrete, or with concrete paving with integral curb, all in accord. ance with City of Dubuque stand- ard specifications; b. To install sanitary sewer mains and sewer service laterals m accordance with plans subnrlt- ted with the plat; c. To install water mains and water service laterals in accord- - - - - -.- .". = ance with plans subnrltted with the plat; d. To mstall storm sewers and catehbasins in accordance with plans subnrltted with the plat; e. To install concrete sidewalks as required by Ordioances, and where directed by the City Engi- neer and the City Manager: f. To construct the foregoing im- provements in ,accordance with plans and specifications approved by the City Manager, under the inspection of the City Engmeer, and m a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance 'by the City of Du. buque, Iowa; h. To provide the foregomg con- struction and maintenance at the sole expense of the Subdivider, John Duggan, Trustee under the "Regma Duggan Trust", as owner: i. To construct said improve- ments, except sidewalks, prior to July 1, 1976, and to construct the sidewalks prior to July 1, 1978; and further provided that said John Duggan, Trustee under the "Regma Duggan Trust", as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Man- ager. Section 3. That m the event John Duggan, Trustee under the "Regina Duggan Trust", shall fail to execute the acceptance and fur- nish the security provided for m Section 2 bereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 10th day of June, A.D., 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Special Session, June 10, 1974 333 Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 230-74 We, the undersigued John Dug- gan Trustee under Regma Duggan Trust having read the terms and conditions of the foregoing Reso- lution No. 230-74 and being famil- iar with the conditions thereof, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 24th day of July, 1974. Isl John Duggan Trustee under Regina Duggan Trust TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregomg Res- olution No. 230-74 has been fur- nished by the owners- Dated at Dubuque, Iowa, this 24th day of July 1974. Is/ Gilbert D. ChavenelIe City Manager 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, Stackis- Nays-None. Communication of Low Rent Housing Commission submitting minutes of their meeting of June 5, 1974, relative to submission of applications to the Federal Gov. ernment for participation of Sec- tion 23 Housing Assistance Pay. ments program, presented and read. Councilman Stackis moved the communication be received and filed. Seconded by Mayor Thoms. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 231.74 Approving applications of the provisions of SecNon 23 of the United States Housing Act of 1937, as amended, to the City of Dubuque, Iowa WHEREAS, under the provisions of Section 23 of the United States Housing Act of 1937, as amended, the United States of America, act- ing through the Secretary of Hous- ing and Urban Development, is au- thorized to provide financial assis- tance to local public housiug agen- cies m providing low-rent housing by leasing dwelling units in private- ly-owned structures; and WHEREAS, said Section 23 pro- vides that the provisions thereof shall not apply to any locality un- less the governing body of the lo- cality has by resolution approved the application of such provisions to such locality; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the application of the provisions of Section 23 of the United States Housing Act of 1937, as amended, to the City of Dubuque, Iowa, is approved. Passed, approved and adopted this 10 day of June, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann 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, Stac- Iris. Nays - None. RESOLUTION NO. 232-74 Authorizing and directing the submission of an application for a low-rent housing program un- der Section 23 of the UnUed States Housing Act of 1937, as amended WHEREAS, the City of Dubuque has found and determmed that there is a need for low-rent housing to meet certain needs not being ade- quately met by private enterprise within its area of operation: and WHEREAS, under the provisions of the United States Housing Act of 1937, the Secretary of Housing and Urban Development is authorized to provide financial assistance to public housing agencies for low. rent housing; now therefore ""._.' 334 Special Session, June 10, 1974 BE IT RESOLVED BY THE I COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the Mayor of the City of Dubuque be and he is here- by authorized and directed to exe- cute and send to the Secretary of the United States Department of Housing and Urban Development an application/sf for financial as- sistance for one hundred dweIlmg units to be provided by leasing pri- vately owned existing and newly constructed housing under Section 23 of the United States Housing Act of 1937. Section 2. That the City Manager be and 'he is hereby authorized and directed to provide such additional supporting documentation which may be required by ,the United States Department of Housing and Urban Development. Section 3. In connection with the development and operation of any program or activity receiving Fed- eral financial assistance under the United States Housing Act of 1937, regardless of when such program or activity or any portion thereof was or is initialIy covered by any contract, the City of Dubuque will comply with alI requirements im- posed by Title VI of the Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 241; the regula- tions of the Department of Hous- mg and Urhan Development issued thereunder, 24 CFR, Subtitle A, Part 1; and the requirements of said Department thereunder. Passed, approved and adopted this 10th day of June, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Counciiman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. carried by the fol- lowing vote: Yeas - Mayor Thoms, Councii- men Brady, Justmann, Lundh, Stac- Iris. Nays - None. June 6, 1974 Honorable Mayor and Councilmen The Iowa State Highway Com- nrlssion has asked that we enter mto a three-party agreement with them and with the Metropolitan Area Plannmg Commission to specify procedures and responsi- biiities for our mterim transpor- tation plan and bridge access study. Considerable progress has al- ready been achieved in the mter- im transportation study. We are now entermg a phase which will require the aid of a local Trans- portation Planner. Agreements have already been drafted for se- curing the appointment of the p0- sition by the Iowa State Highway Commission and for fundmg the position through state and federal sources. The attached agreement and form of resolution specifies the placement and responsibilities of the new position, and authorizes the Highway Comnrlssion to pro- ceed with assignment of personnel. We expect that the Transporta- tion Planner position will soon be assigned to us and look forward to your favorable consideration of the attached resolution. Daniel Dittemore Development Planner Mayor Thoms moved the com. munication be received and filed. Seconded by Councilman Lundh. Carried by the foIlowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 233.74 A Resolution authorizing the Ma- yor to sign his acceptance of a cooperative agreement between the City of Dubuque, Iowa, the Dubuque County Metropolitan Area Planning Commission and the Iowa State Highway Com- mission, providing for major ac- tivities and steps necessary for conducting a feasibility study of toll bridges. Whereas, the City Council of the City of Dubuque, Iowa by its Resolution No. 342-73, has re- quested the Iowa State Highway Commission to undertake a study of the feasibility of establishIDg a Special Session, June 10, 1974 335 new tolI bridge or bridges m the Dubuque Metropolitan Area; and Whereas, the Iowa State High- way Comnrlssion has presented a proposed Cooperative Agreement establishing the major activities and steps necessary for conduct- ing such study; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the Mayor is hereby authorized, on behalf of the City of Dubuque, Iowa, to sign his acceptance of said Cooperative Agreement, hereto attached. Section 2. That the City Man- ager is hereby authorized and di. rected to implement the terms of said Cooperative Agreement. Passed, approved and adopted this 10th day of June, 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, Justmann, Lundb, Stackis. Nays-None. June 6, 1974 Honorable Mayor and Councilmen The Federal-aid Highway Act of 1962 required that metropolitan areas of more than 50,000 popula. tion must maintain a continuing transportation planning process. In Dubuque, this process was initiated m 1965 and led to ,the development of .the 1990 Dubuque Metropolitan Transportation Plan which was completed m 1970. The 1962 Act also stipulated that the long-range transportation plan must be maintained ,through a con- tinous process of travel forecasting, network evaluation and project de- velopment. The purpose of the pro- cess is to insure that individual transportation improvement pro- jects are undertaken within the framework of a comprehensive de- velopment plan. Highway and trail- sit improvement projects are ineli- gible for federal support except as they are shown to be consistent with an overalI transportation develop- ment strategy. It is anticipated that the City of Dubuque, the Iowa State High. way Comnûssion, the Urban Mass Transit Administration, and other agencies of government will be in. volved in plannmg and project de- velopment efforts within the met- ropolitan area in the near future. Anticipating these efforts, and considering that the 1990 Trans. portation Plan was last given for. mal recognition by the Dubuque City Council in 1970, the Federal Highway Administration and the Iowa State Highway Commission have asked that this Plan be reo adopted 'by the Council at this time. We have attached a resolution fur this purpose. You should note that the resolution recognizes the 1990 Plan as an appropriate frame. work for interim bridge access stu- dies, north.west bypass plannmg, and other joint local, state or fed- eral efforts that may be underta- ken shortly. Re-establishment of this planning framework is one of the conditions that must be ful. filled in order that our transpor- tation plannmg process may be re- certified for the commg fiscal year. We urge your favorable con. sideration of the resolution. Dauiel Dittemore Development Planner Mayor Thoms moved the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the folIowmg vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 234-74 A Resolution affirming the 1990 Transportation Plan for the Du- buque Metropolitan Area, as an acceptable framework for the further planning of Arterial Roadway Improvements in the City of Dubuque, Iowa. Whereas, the City Council of the City of Dubuque, Iowa has rec. ognized the need for improved arterial roadways within the city and its environs; and Whereas, the Federal-aid High- way Act of 1962 has specified that 336 Special Session, June 10, 1974 development of the federally.aided I roadway system within the Du- buque metropolitan area shall be made ,in conformance with a con. tinuing, cooperative and compre- hensive Transportation Plan; and Whereas, such Transportation Plan for the Dubuque metropoli- tan area bas been formulated and bas guided 'such efforts for road- way improvement as have been undertáken heretofore; and Whereas, the City Council of the City of Dubuque, Iowa bas found and deternrlned that such efforts for the planning and de- velopment of roadway improve- ments should continue and that solutions to growmg problems of traffic congestion must ,be devised; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. That the 1990 Trans- portation Plan for the Dubuque metropolitan area, as represented in summary form on the attached 1972 Annual Report of the Du- buque Metropolitan Area Trans- portation Study, hereto attached and marked "Exhibit A", be re- affirmed as an acceptable frame- work for tbe further plannmg of ~r:y r~:t:¡;u~:t~o,:;:.ents m I Section 2. That the Plan Prior- ities, as illustrated on the afore- said "Exhibit A" are hereby re- affirmed and recognized as an ap- propriate order of need for road- way facility development. Section 3. That the Iowa State Highway Commission and Federal Highway Admmlstration are here- by requested to support and assist the furtherplanmng of arterial roadway improvements according to the Transportation Plan herein affirmed. Passed, approved ,and adopted this 10th day of June, 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, Justmann, Lundb stackis. ' Nays-None. RESOLUTION NO. 235-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the followmg having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers withID said City. Welsh Enterprise, Inc., dba Grand- v,iew Dairy Store, 620 South Grandview Ave. Mrs. A J. Trapp, dba Trapp's Store, 1266 Central Avenue Helen Weiner, dba Walnut Tap, 709 University Avenue Passed, adopted and approved this 10th day of June 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundb moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol. lowmg vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. RESOLUTION NO. 236-74 WHEREAS, applications for Beer Permits have been subnrltted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Charles Richard Haas, dba Tri- State Softball Tournament, Me- Aleeee Field Also Sunday Sales CLASS "C" BEER PERMIT Patricia Ann Sutton, dba Oky Doky Foods, #8, 2850 Burling. ton Street Welsh Enterprise, Inc., dba Grand- view Dairy Store, 620 South Grandview Ave. Special Session, June 10, 1974 337 Passed, adopted and approved this 10th day of June 1974. Allan T. Thoms Mayor C. Robert Justmann Emil Stackis Alvin E. Lundb Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. NayS--<:ouneilman Brady. RESOLUTION NO. 237.74 WHEREAS, applications for Beer Permits were filed by the withID named applicants and they bave received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were mspected and found to comply with the Ordmances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of tbe City of Dubuque, Iowa, tbat tbe Manager be authorized to cause to be issued to the follow- mg named applicants a Beer Per- nrlt. CLASS "B" BEER PERMIT Charles Richard Haas, dba Tri- State Softball Tournament, Mc- Aleece Field, aJso SUNDAY SALES CLASS "C" BEER PERMIT Patricia Ann Sutton, dba Oky Doky Foods, #8, 2850 Burlmgton St. WeJsh Enterprise, Inc., dba Grand- view Dairy Store, 620 South Grandview Ave. Passed, adopted and approved this 10th day of June 1974. Allan T. Thoms Mayor C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays--<:ouncilman Brady. RESOLUTION NO. 238-74 WHEREAS, applications for Liq- uor Licenses have been subnrltted to this Council for approval and the same have been exanrlned, NOW THEREFORE BE IT RE- SOLVED by tbe City Council of the City of Dubuque, Iowa, that the folIowing applications be ap- proved and licenses issued upon the compliance with the provis- ions of Chapter 131, Acts of the First Regular Session, 64th Gen. eral Assemhly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Helen Weiner, dha Walnut Tap, 709 University A""nue Passed, adopted and approved this 10th day of June 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 239.74 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 prenrlses to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordmances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by tbe 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 'C" (COMMERCIAL) BEER AND LIQUOR LICENSE Helen Werner, dba Walnut Tap, 709 University Avenue 338 Special Session, June 10, 1974 Special Session, June 17, 1974 339 CITY COUNCIL Passed, adopted and approved this 10th day of June 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. There being no further business, Councilman Stackis moved to ad- jòum. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk OFFICIAL Special Session, June 17, 1974. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had been duly made and this meetmg is called for the purpose of CON. SIDERING AWARD OF BIDS OF STREET, SEWER AND WATER IMPROVEMENTS IN R I V E R. FRONT SUB. NO.5 and acting upon such other busmess as may properly come before a regular meeting of the Council. RESOLUTION 240-74 WHEREAS, Harry W. Wahlert, born in St. Louis, Missouri, on March 4, 1888, became an mhab- itant of this community m the summer of 1931 and resided bere ever since up to ,the date of his untimely death on June 14, 1974, having been preceded in death by his beloved wife, Flora Wahlert; and WHEREAS, Harry W. Wahlert, throughout his life made an uuique and outstandmg contribution to- ward the industrial Iüe, educa- tional life and the recreational Iüe of this community, not the least of which were his contribu- tions to numerous lay and paro- chial educational institutions; and I WHEREAS, many monuments testify to the boundless generosity of Harry W. Wahlert and his wife, Flora Wahlert, which grace the rolling hills of this communi,ty, and outstanding acts of generosity bemg Bunker Hills Golf Course, Lake Peosta and Flora Park, to name a few. These monuments stand m silent and eloquent trib- ute to a man and his wife, who in the course of accumulating much personal wealth, paused in their efforts long enough to dis- tribute a portion of their material acquisitions for the betterment of, and the enhancement of, the way of life of their felIow persons in this community. is =~~he ~~';YOf~6 ~f~~~e~ I full and rich life remembered and Approved ................................1974 Adopted ..................................1974 ............................................................ Mayor . ............................................................ ............................................................ ............................................................ """"""""'c~Wiën;;;ë¡;-"""""""""'" Attest: """cii'ÿ"ëïë,¡¡;""""""""""" mourned by those of his employ- ees whom he, from time to time, aided in the solution of a prob- lem or problems plagumg such employee. He was never too busy and he was never too importan,t but what he could stoop to render a lending hand to those who were mired in the complex struggle for daily bread. WHEREAs, Harry W. Wahlert is dead at the age of 86 and he joms the ranks of the powerful and of the great, not for his ma- terial wealth, nor for his impor. tance but for his deep and abidmg love for his commuuity, its m- habitants and for his family. WHEREAS, Harry W. Wahlert will long be mourned, he will be greatly nrlssed, but above all, he will never be forgotten. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN. CIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the passmg of Harry W. Wahlert from these earthly precincts be long remem- bered and be forever memorialized for his great and generous con- tribution to tbe total life of this community and its iuhabitants. Section 2. That the City Clerk be and he is hereby directed to transnrlt a certified copy hereof to the immediate members of the decedent's family. Passed, approved and adopted this 17th day of June, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Aim E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of ,the resolution. Seconded by Councilman Brady. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 10, 1974 Honorable Mayor and City Council I am returning to you the petition of Mr. Homer Craig re- questing the lease of land between 9th and 10th Streets and between 340 Special Session, June 17, 1974 the Milawlikee and Nor,thwestern Railroad tracks. I recommend that the petition be deuied. The engmeering department put together a map of the location which showed that the area re- quested for lease is Pme Street. I viewed the location with the petitioner who wishes to use a portion of the area for the storage and shipment of logs. He mdicated that he would grade and fix up the area. I also mspected the location with Mr. White and Mr. Bandy. It is a mudbole area on which is stored metal scrap. I have reques- ed that the scrap be removed and that the city grade and place stone on the street. I thilik the cleaned up Pine street will be presentable and useful and should not be leased for private operation. I have written to the petitioner and have sent him a copy of this letter. Gilbert D. ChavenelIe City Manager Councilman Justmann moved the communication 'be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the folIOWIDg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 14, 1974 To the Honorable Mayo,r and City Council Re: Revenue Sharing Planned Use July 1, 1974 - June 30, 1975 Gentlemen: The Office of Revenue Sharing requests that the City of Dubuque report how it plans to use revenue available m the entitlement period July 1, 1974 to June 30, 1975. The estimated amount of revenue avail- able in ,this period is $1,039,211. The law requires a completed re- port to be published for the in- formation of the citizens of the City of Dubuque and a copy sub- mitted to Office of Revenue Shar- ing. Attached is a completed copy that summarizes the planned use for the revenue sharing funds and tabulated below is a more detailed breakdown. Public Safety Police Dept. - Wages $133,839 Fire Dept. - Wages 200,000 Building Dept. - Wages 20,064 $ 353.923 Public Transportation Transit System $225,000 Traffic Signals & Engi- neermg 37,215 Airport Crash Unit. Wages 22,200 $ 284,415 Social Services Low Rent Housing $102,612 Contributions to Agencies 16,000 $ 118,612 Health Contributions to Agen- cies $ 10,350 $ 10,350 Environmental Protection Sewer Inspec- tions & Main- tenance - Wages $100,000 $ 100,000 Recreation Park District Improve- ments $ 20,000 Recreation Department lmprov. 28,579 $ 48,579 Financial Administration $ 100,000 TOTAL $1,015,879 For the City to be in compliance with the Revenue Sharing Act of the Office of Revenue Sharing, you are requested to authorize the City Clerk to publish the report and to authorize the City Manager to sign and forward it to the Ofiice of Revenue Sharing. Respectfully submitted, Francis A. Murray Assistant City Manager Mayor Thoms moved the com- munication be received and filed and the City Clerk be authorized Special Session, June 17, 1974 341 to publish notice. Seconded by Councilman Stackis. Carried by the folIowIDg vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. Printed Council Proceedings for the months of January and Feb- ruary, 1974, were presented for approval. Mayor Thoms moved the proceedmgsbe approved as print- ed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 12, 1974 Honorable Mayor and City Council On January 23, 1974, Edwin Wayne Petesch, 3060 Central, Du. buque, Iowa filed claim agamst City of Dubuque io the amount of $25.00, and claiming said aroount was charged him for towing charges to remove his motor ve- hicle from its parkmg place on White Street behIDd his home while he was hospitalized. Claim- ant further alleges that said re- moval was due to anonymous com- plaints to the Police Department. This matter was referred to the City Attorney's office who has in. vestigated said matter and finds no actionable œgligiable or liabil- ity on the part of the City. In view of the foregoing, it is the recommendation of the City At- torney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved the com- munication be received and filed and recommendation of denial be approved. Seconded by Council- man Lundh.Carried by the fol- lowmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staekis. Nays-None. June 13, 1974 City Council On August 15, 1973, Tim C. Denman of 1O91'h White Street, this city, filed claim against the City of Dubuque in an estimated amount of $69.00 claimmg said damages occurred on Augnst 13, 1973 as the result of a city street cleaner strikmg his motor vehicle while same was parked at 7th and White Street in the City of Du. buque, Iowa. This matter was referred to the appropriate City Agency who on June 11, 1974 advised the City Attorney that said matter had been amicably disposed of. Ac- cordingly, it is the recommenda- tion of the City Attorney that the claim of Tim C. Denman be denied. Origmal claim is returned here- with. R. N. Russo City Attorney Mayo,r Thoms moved the com- munication be received and filed and recommendation of denial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 13. 1974 City Council On May 25, 1971, John Wolfe, by his father commenced on ac. tion against ,the lllmois Central Railroad Company claiming dam- ages as a result of personal in- juries suffered by the plaintiff on April 17, 1969, when the plaintiff was working on the earthen dike along the Illinois Central Railroad right-of-way as part of the flood protection activities of the City of Dubuque then in progress, and that said plaintiff claimed damages in the amount of $16,992.00, and that thereafter the Illinois Cen- tral Railroad Company by the way of Third Party Petition served an Origmal Notice on the City of Dubuque, Iowa, claimmg that if there was any liability on the part of the Railroad, that the City of Dubuque, by virtue of a contract, dated September 6, 1966, was to indemnify and hold the Company harmless. This matter was referred to the City Attorney, who has mterposed the appropriate objections. The matter was recently scheduled for trial and the Railroad Company and the plaintiff arrived at an anrlcable settlement m which the City did not participate. On May 24, 1974, the plaintiff filed a Dismissal With Prejudice, and on June 7, 1974, the lliioois 342 Special Session, June 17, 1974 Central Railroad filed a Disnrlssal With Prejudice against the City I of Dubuque, Iowa, and that this matter is now finalIy closed at no expense 00 the C¡ty of Dubuque. Third Party Petition is attached and herewith returned. R N. Russo City Attorney Mayor Thoms moved the com- munication be received and filed and recommendation approved. Seconded by Councilman Lundh. Carried by the followmg vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Sophie Muel- ler, in an undetermined amount, for personal mjuries received in a fall at 4th & Locust Streets on June 11, 1974, presented and read. Mayor Thoms moved the notice I be referred to the City Solicitor for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend the Zon- ing Ordinance by amendmg Ar- ticle IV Section 2 (i) that land area m West Side Manor Place and West Side Manor be rezoned from Single Family to Local Business District "A" and Multiple Resi- dence District classification, pre- sented and read. Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communications from Carolyn Hollingworth, Mr. & Mrs. Ray Johnson, Mr. & Mrs. Loras Koer- perick, Mr. & Mrs. Gerald Steffen, Mr. & Mrs. James Manning, all residents of West Side Manor Sub- division, requesting rezonmg for portions of their hack lots, to ei- ther Class "A" or "B" Business to accommodate busmesses front- mg Pennsylvania Avenue, the same as Mr. Chew having his back- yard rezoned, presented and read. Mayor Thoms moved that the com- munications be received and filed and referred to the Planning & Zoning Commission. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Franels Bechen et al objecting to ,the rezouing of the Chew property located along J.F.K. Road adjacent to their sub- division, presented and read. May- or Thoms moved the petition be received and filed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Stackis moved to suspend ,the rules to let anyone address the Council if they so desire. Seconded by Mayor Tboms. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. The folIowing named citizens of the neighborhood addressed the Council objectmg to rezonmg of the property (Chew) m Westside Manor Subdivision and Weøtside Manor Place; Joseph J. Bitter, at- torney representing citizens, Walt. er A. Pregler, Mr. Ray Johnson, Tim MurPhy, R Shwery, C. Ober- embt, Harry Herold, Karen Bechen, and Franels Beehen. Wilson Mc- Callister, attorney representmg Mr. Cbew, addressed ,the Council by stating that all reasonable de- mands by the neighborhood have been met. Councilman Justmann moved to reimpose the rules. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Councilmen Brady, Just- mann, Lundh, Stackis. Nays-Mayor Thoms. Councilman Brady moved that the signing on buildings not ex- tend above bank. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council men Brady, Justroann, Lundb, Stackis. Nays-None. ORDINANCE NO. 40-74 An Ordinance amending and changing Ordinance No. 3-34, Special Session, June 17, 1974 343 known as "The Zoning Ordl. nonce and Zoning Map of the City of Dubuque, Iowa" so as to change the zoning classifica. tion on hereinafter described portions of Lot 2 in "Westside Manor Place" from Single Fam- ily Residence District to Local Business "A" District, and chang.. ing other hereinafter described portions of Lot 2 of "Westside Manor Piece" and all of Lot 13 of Block 4 in "Westslde Manor Subdivision" from Single Fam. ily Residence District to Mul. tlple Residence District with in- clusion in paragraph (i) of Sec. tlon 2 of Article IV to permit off-street parking thereon, (Chew Property), said Ordinance having been pre- viously presented and read at the Council meeting of May 20, 1974, presented for final adoption. ORDINANCE NO. 40-74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34, KOWN AS "THE ZON- ING ORDINANCE AND ZONING MAP OF THE CITY OF DU- BUQUE, IOWA" SO AS TO CHANGE THE ZONING CLAS- SIFICATION ON HEREINAFTER DESCRIBED PORTIONS OF LOT 2 IN "WESTSIDE MANOR PLACE" FROM SINGLE FAMILY RESI- DENCE DISTRICT TO LOCAL BUSINESS "A" DISTRICT. AND CHANGING OTHER HEREINAF- TER DESCRIBED PORTIONS OF LOT 2 OF "WESTSIDE MANOR PLACE" AND ALL OF LOT lJ OF BLOCK 4 IN "WESTSIDE MANOR SUBDIVISION" FROM SINGLE FAMILY RESIDENCE DIS- TRICT TO MULTIPLE RESIDENCE DISTRICT WITH INCLUSION IN PARAGRAPH (i) OF SECTION 2 OF ARTICLE IV TO PERMIT OFF- STREET PARKING THEREON NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE. IOWA, Swoon L Th" OnIinonco No. 3-34, known" "th, Zoning Ordin,n" ,nd I Zoning M,p of th, City of Duhuqo,. low,," h, ,nd th, ..m, i, hmhy 'm'nd- <d hy ch,nging ftOm "SingI, F,mily R"id'n" Dimict" oJ..,ific"ion to "Lo- coI Bu,in"" 'A' Di"tict" oJ..,ifi",ion th, foIlowing d"",ih<d rtaI """" to ",i" Th, South,dy 75 fm ,nd rh, North- ,dy 75 f", of Lor 2, in "W,mid, Monor PI..," in th, City of Du- huq",. low,. Stetion 2. Th" Ordin'n" No. 3-34, known .. "th, Zoning Ordin,n" ,nd Zoning M,p of th, City of Duhuqu" low,". h, ,nd th, ..m, i, hmhy 'm,nd. ,d hy ch,nging from "SingI, F,mily R,,- id,o" Dimi,," elmific"ioo to "Mul- cipI, R"id'n" Dimict" eI",ific"ion th, following d"ctih,d ",I """, to wi" Th, North,dy ISO." f", of th, South,dy 2H." It" of Lot 2 in "W"uid, M,nor PI..,". ,nd ,II of Lot lJ of Block 4 in "W,",id, M,nor Suhdivi,ion" in th, City of Dnhuqu" low,. S,ction 3. Th" Ordin,n" No. 3-34, known.. "th, Zoning Ordin,n" 'nd Zoning M,p of rh, City of Duhnqu" low,". h, ,nd th, ..m, i, herthy 'm'nd- ,d hy ,m,nding Aniel, IV, S'ction 2 (i) thertof .. foIlow", "Aniel, IV. S"cion 2. (i) Off "rttt p"king within th, foIlowing dt"rih,d "'" Th, Nonh,tly 180." f", of th, South,dy 2H." f", of Lot 2 in 'W'mid, M,no< PI..,' 'nd Lot 1J of Block 4 in 'W""id, M,nor Subdivi,ion' ,II in th, City of Dubuq"" low,." P""d, 'pprov,d ,nd ,dop"d thi, 17th d,y of Joo" 1974. AII,n T. Thorn. M,yor C. Robon In''m'nn J,m" E. Brody Emil S"cki, Alvin E. Lundh CounciIm,n ATTEST, L", F. Fromm,It City crork PubIi.h,d offici,IIy in th, Td,groph HmId New'p'ptr th¡, 27th of Jnn' 1974. L", F. Ftommdt City Clork It. 6-27. Mayor Thoms moved adoption of the Ordmance as Amended. Seconded by Councilman Lundh. Carried by .the following vote: Yeas - Mayor Thoms, Council- men Brady, Justroann, Lundh, Stackis. Nays-None. AN ORDINANCE For the vaca- tion and sale of that portion of Maple Street lying between the north curb tine of East 16th Street to south curb lIDe of East 17th Street m the City of Dubuque, Iowa, presented and read. Mayor Thoms moved that the reading just had be considered the first readmg of the Ordinance. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Staelrls. Nays-None. Mayor Thoms moved that the rule requirmg an Ordinance to 344 Special Session, June 17, 1974 be read on three separate days I be waived. Seconded by Council. man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on July 15, 1974, at 7:30 o'clock P.M. (C.D.T.) in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing mthe manner required by law. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Dubuque County His- torical Society requestmg the Council ,to adopt a policy of con- sulting with their Renovation Ad- visory Comnûttee when consider- ing and remodeling buildings un- der City control, presented and read. Mayor Thoms moved the petition be referred to the City Manager and Staff. Seconded by Councilman Stackis. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Washington Neigh- borhood Council by Charles Abra- ham, requesting permission to pre- sent the decision of their meeting relative to the Washington Street Closure Project mvolving 15th, 16th, 18th, and 19th Streets on Washington Street for a 90 day period, presented and read. Mayor Thoms moved 'the petition be re- ceived and filed. Seconded by Councilman Stackis. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 12, 1974 Honorable Mayor and City Council I am returnmg to you the petition coneernmg proposed street closures on Washmgton Street, with a recommendation that the petition be denied. As an explanation, I attach a copy of a memorandum received from John Grau. I have requested that the city engmeer be prepared to discuss the proposal at council meetmg should you so desire. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com. munication be received and filed and recommendation of deuiai ap. proved. Seconded by Councilman Stackis. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. John Grau spoke to the petition of the Washington Street Neigh. borhood Street Closures. Mayor Thoms moved approval of Wash- mgton neighborhood plan subject to adoption of a resolution to be approved on a 90 days trial basis. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Michael Fitschen et ox requesting erection of a fence between their property at 3160 Ideal Lane and the Falk Park to prevent children from damagmg their trees, shrubs, etc., presented and read. Mayor Thoms moved the petition be referred to the Rec- reation Commission for additional hearmg. Seconded by Councilman Stackis. Carried by ,the folIowmg vote: Yeas - Mayor Th<>ms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. Petition of Radio Trade Supply Co. requesting to be heard reta- tive to a request formerly sub. mitted for a loadmg zone or lim- ited parking in front of 100 East 8th Street, presented and read. CouneiIman Stackis moved to sus- pend the rules to let anyone ad. dress the Council if they SO desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Jerry Tyrrell addressed the Council on behalf of the petition of Radio Trade Supply. Mayor Thoms moved the petition of Radio Trade Supply Co. be received and 345 Special Session, June 17, 1974 filed. Seconded by Councilman Stackis. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 41.74 An Ordinance Amending Ordi- nance No. 37-65 known as the "Street Parking Meter Ordi. nonce of Dubuque, Iowa" by re- pealing Subsection 6.1.8 of Sec- tion 6.1 Parking Meter District A and enacting a New Subsec- tion 6.1.8 of Section 6.1 of Park. ing Mater District A in lieu thereof to limit the perking of motor vehicles on the south side of East Eighth Street from White Street East for a distance of sixty..ix feet, presented and reed. Mayor Thoms moved that the readmg just had be considered the first reading of the Ordmance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Mayor Thoms moved that the rule requiring an Ordmance to be read on three separate days be I waived. Seconded by Councilman Brady. Carried by the fullowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. N-ay&-None. ORDINANCE NO. 41.74 AN ORDINANCE AMENDING ORDINANCE NO. 37-65 KNOWN AS THE "STREET PAl<KING ME- TER ORDINANCE OF DUBUQUE, IOWA" BY REPEALING SUBSEC- TION 6.1.8 OF SECTION 6.1 PARKING METER DISTRICT A AND ENACTING A NEW SUB- SECTION 6.I.S OF SECTION 6.1 OF PARKING METER DISTRICT A IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VE- HICLES ON THE SOUTH SIDE OF EAST EIGHTH STREET FROM WHITE STREET EAST FOR A DISTANCE OF SIXTY-SIX FEET NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Soction I. Th" Otdin.." No. 37-65 knnwn " th, "St"'t P"king M"" O,di- ",n" of Dnbuqu" low," b, ..d th, "m, ¡, hmby ,mend,d by "",."Iing ,ub""ion 6.1.8 of Section 6.1 of Di,"ict A ..d ,",cdng , n'w ,ub,ection 6.1.8 of Socdon 6.1 of Di",ict A in Ii", thm- of " follow" "6-1 P"king Mote, Di"dct A 6.1.8 Eighth St"'t, ,outh ,id, between Locw, S"eet 'nd Bluff St"'t ..d th, no"h ,id, from Cent"I Avenn' to th, ,II" nm W"t, 'nd th, ,outh ,id, f,om White S"'" mt fo, , di",n" of ,iuy- ,ix f",." P""d, "",rov,d ..d ,do"ted thi, 17th d,y of Jun<, 1974. All.. T. Thom, M'yor C. Ro¡"" Jwtm'nn J,m" E. B"dy Emil Sncb Alvin E. Lundh CoonciImen ATTEST, Lro F Fromme" City Clock Publi,hed uffici,lIy in th, Tel'g"ph H",Id N,w"".,., thi, 2bt d,y of Jon" 1974. Lro F. Fronu",," City Clock It. 6-21. Mayor Thoms moved fmal adop- tion of the Ordinance. Seconded by Councilman Brady. Carried by tbe following vote: Yeas - Mayor Thoms, Couneil. men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Merchants Delivery Service requesting what action has been taken regarding "No Park. ing" signs on the east side of Haw- thorne Street, presented and read. Mayor Thoms moved the petition be received and filed and verbal recommendation of denial by City Manager approved and City Man- ager mstructed to forward infor- mation to petitioner. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Alan Ford et al (13 businesses) requesting as mer- chants in Plaza 20 Shopping Cen- ter for a change m the traffic pat. tern on their entrance way, pos- sibly have the frontage road be one way east or place a yield sign on the frontage road mstead of on the main exit, presented and read. Mayor Thoms moved the pe- tition be referred to the Traffic Department for proper investiga- tion and report. Seconded by Councilman Brady. Carried by the fullowing vote: ~~~._"---" 346 Special Session, June 17, 1974 Special Session, June 17, 1974 347 Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. Petition of Bottle Stop BasebalI Tournament requestmg a refund of $225 on unexpired Class "B" Beer Permit No. S-B.1265, as they have discontinued busmess on June 10, 1974, presented and read. Councilman Stackis moved the re- fund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Lundb. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. Council recessed at 10:45 P.M. Council reconvened at 10:50 P.M. June 14, 1974 Honorable Mayor and City Council At your meeting of June 3rd you received a petition from Mr. Leo McCarthy, Attorney, m behalf of Clemens Beverage, Inc. relative to seeking relief from the mora- torium on land use m the East 3rd and East 4th Street area. The pe- tition was referred to the city man- ager for a report. I request an opportunity to dis- cuss the "moratorium" resolution with you and that the subject be placed on the agenda of your June 17th meeting. Gilbert D. Chavenelle City Manager Mayor Thoms moved the peti- tion be received and filed. Second- ed 'by Councilman Stackis. Carried by the folIowmg vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Thruput Termmals Inc. by Robert Bertsch, attorney, requestmg an opportunity to be heard relative to construction of a security fence surrounding the premises on Third Street north of the Ice Harbor, presented and read. Mayor Thoms moved the pe- tition be received and filed. Sec- onded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb Stackis. ' Nays-None. Mayor Thoms moved original Resolution be revoked which set out moratorium to allow specifi. calIy after revocation Pillsbury, Warehouse, Fence, Tanks; Rein- state original proposal on resolu- tion excepting that each case of variance can be heard when pre- sented to the Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundb, Stackis. Nays-None. men Brady, Justmann, Lundb, Stackis. Nays-None. RESOLUTION NO. 241.74 A Resolution accepting a pro- posed scope of work for an East Fourth Street Peninsula Devel. opment Study and authorizing such study to proceed. Whereas, Resolution No. 208-74 has directed the City Manager to prepare a proposed Scope of Work and form of contract for an East Fourth Street Development Study, and Whereas, such Scope of Work has been presented and is hereto attached, designating Gruen and Associates of 257 Park Avenue South, New York, New York as the prmcipal consultant for such study; and Whereas, such Scope of Work also provides for supplementary consultation with various develop- ment specialists, to be selected; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Scope of Study hereto attached is accepted, designating Gruen and Associates of 257 Park Avenue South, New York as principal consultant. Section 2. That the City Manag- er is authorized to expend an amount not to exceed ten thou- sand seven hundred fifty dolIars ($10,750) in fees and reimburse- ment to the principal consultant m conducting such study. Section 3. That the City Man- ager is authorized to expend an amount not to exceed three thou- sand five hundred dolIars ($3,500) in fees and reimbursements for such supplementary consultation as he may find necessary in con- ducting such study. Passed, approved and adopted this 17th day of June, 1974. Allan T. Thoms Mayor C. Robert Justmann E.mil Stackis Alvm E. Lundh Councilmen June 14, 1974 Honorable Mayor and City Council In response to your Resolution No. 208-74 I herewith transmit a draft Problem Statement and Pr0- posed Scope of Services for the East Fourth Street Peninsula De- velopment Study. We propose that a concentrated study effort be made over a period of two months which will rely heavily on the participation of the advisory panel which was first convened at the Julien Motor Inn meeting of April 18th. We have also recommended that Gruen A£- sociates be selected as the princi- pal consultant for the study on the understanding that Mr. Crawford Westbrook will direct the work of that firm. The study contract specifies a cost of ten thousand seven hun- dred fifty dollars (10,750). It is our judgment that a reduced cost would not result m a useful study product. The Scope of Services also stipulates that additional counsel may be solicited from sup- porting specialists. It is not pos- sible to identify such specialists at this time, and we recommend that Gruen Associates be permit- ted to select additional advisors on approval from my office. We also request authorization to com- nrlt not more than three thousand five hundred dolIars ($3,500) ad- ditional expense for this purpose. Attached is a resolution accept- ing the proposed Scope of Serv- ices and contract amount. We urge your favorable consideration of it. Gilbert D. Chavenelle City Manager Mayor Thoms moved the com- munication be received and filed. Seconded by Councilman Brady. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the Receipt of Bids for construction of 1974 Asphalt Pav. mg Project No.2, Riverfront Sub- division No.5: 1. Roosevelt Street Extension from the S.P.L. of Kerper Blvd. to the S.P.L. of Kilgore St. 2. Kilgore Street from the W.P.L. of Roosevelt Street Extension to the N.P.L. of Hamilton Street Ex- tension. 3. Hamilton Street Extension from the S.P.L. of Kilgore Street to the N.P.L. of Lot 2 of Block 1 of Riverfront Subdivision No.5, presented and read. Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. June 13, 1974 To the Honorable Mayor and City Council Pursuant to your mstructions, sealed bids were received until 10:00 a.m., Thursday, June 13, 1974, for the City of Dubuque 1974 Asphalt Paving Project No. 2--Riverfront Subdivision No.5. The lowest bid received was from Mulgrew Blacktop, me. of Du- buque, Iowa. Their bid was 2.75% over the Engmeer's Estimate. I recommend that the contract for the said improvement be awarded to Mulgrew Blacktop, Inc. Gilbert D. ChavenelIe City Manager Mayor Thoms moved the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the followmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. (Awarding Contract) RESOLUTION NO. 242.74 WHEREAS, sealed proposals have been subnrltted by contrac- tors for the City of Dubuque 1974 Asphalt pavmg Project No.2 Riv- erfront Subdivision No.5 pursu- ant to Resoiution No. 194-74 and notice to bidders publiahed m a 348 Special Session, June 17, 1974 newspaper published in said City on May 24, 1974 and May 31, 1974; and WHEREAS, said sealed propos- als were opened and read on June 13, 1974, and it has been deter- nrlned that the bid of Mulgrew Blacktop Company, Inc. of Du- buque, Iowa in the amount of $77,440.00 was the lowest bid for the furnishing of all labOr and materials and performmg the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City I Council of the City of Dubuque that the contract for tbe above mentioned improvement be award- ed to Mulgrew 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 con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. passed and adopted this 17th day of June, 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 011 the resolution. Seconded by Coun. oilman Lundh. Carried by the fol- lowmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Proofs of publication, certified to by the publisher, of Notice to Contractors of the Receipts of Pro- posals for the Construction of 10" Watermain and Sanitary Sewer and Storm Sewer for Riverfront Sub. No.5 (Contract 1 - Sections 1,2 & 3): 1. Roosevelt Street Extension from the S.P.L. of Kerper Blvd. to the S.P.L. of Kilgore St., . 2. Kilgore Street from the W. I P.L. of Roosevelt street Extension I to the N.P.L. of Hanrllton Street Extension, 3. Hanrllton Street Extension from the S.PL. of Kilgore Street to the N.P.L. of Lot 2 of Block 1 Riverfront Subdivision No.5, pre- sented and read. Mayor Thoms moved the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 13, 1974 To the Honorable Mayor and City Council pursuant to your mstructions, sealed bids were received until 10:00 a.m., Thursday, June 13, 1974 for the construction of the sani- tary sewer, storm sewer and wa- ltermain for Riverfront Subdivi- sion No.5. The lowest bid entered was en- tered by the Stewart Construction Company of East Dubuque, mi- nois. Their bid was 21.61% over the estimate. I recommend that the contract for the improvement, with the ex. ception of Section 3 of Contract 1 be awarded to Stewart Construc- tion Co. Gilbert D. Chavenelie City Manager Mayor Thoms moved the c0m- munication be received and filed. Seconded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nayll-'None. (Awarding Contract) RESOLUTION NO. 243-74 WHEREAS, sealed proposals have been submitted by contrac- tors for the 10" Watermain for Riverfront Subdivision No.5 Con- tract 1 - Section 1, Sanitary and Storm Sewer for Riverfront Subdi- vision No.5, Contract 1 . Section 2, pursuant to Resolutions No. 196-74 and 198-74, and notice to bidders published m a newspaper published in said City on May 24, 1974 and May 31, 1974; and WHEREAS, said sealed propos- als were opened and read on June 13, 1974, and it has been deter- mmed that the bid of Stewart Construction Company 011 East Du- Special Session, June 17, 1974 349 buque, minois in the amount of $106,296.30 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Stewart Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing 011 said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 17th day of June, 1974. Alian T. Thoms Mayor C. Robert Justmann Jamea E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 244-74 Authorizing the Advertising of Bids for the Demolition and Site Clearance of Parcel 15-4 in the Downtown Urban Renewal Proj- ect, Iowa R.15. WHEREAS, the City of Dubuque under date of July 26, 1967, en- tered into a Loan and Capital Grant Contract with the United States of America providing for financial assistance to the City of Dubuque under Title I of Housing Act of 1949, as amended, for the undertaking of the Downtown Ur- ban Renewal Project Iowa R-15; and WHERAS, the City of Dubuque pursuant to such contract and to . implement the Urban Renewal I Pian for the Project Area has ac. I quired and is acquirmg certain parcels of real estate; and WHEREAS, in order to provide cleared land for redevelopment and for certain public improve- ments; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City Clerk 'be and he is hereby authorized and directed to publish "Invita- tion for Bids" for Demolition Con- tract No. 1-74 for the demolition and site clearance of Parcel 15-4 in the Downtown Urban Renewal Project, Iowa R-15, m the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted and approved this 17th day of June, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk INVITATIONS FOR BIDS Demolition Contract No. 1.74 The City of Dubuque, State of Iowa, will receive sealed proposals for demolition of buildings and structures and site clearance for the Downtown Urban Renewal Project, Iowa R-15, until 10 o'clock A.M. Central Daylight Time on July 5, 1974, at the Office of the City Clerk, City HalI, 13th and Iowa, Dubuque, Iowa, at which time all bids will be publicly op- ened and read in Council Cham- bers. This project will consist of approximately 1 major building and all other improvements that may in fact exist upon the parcels to be cleared. All improvements are to be demolished or disman- tled on the site. Contract Documents, including drawings, technical drawings and forms are on file with the Direc. tor of Urban Renewal. Copies of the Contract Docu- ments may be obtained by depos- iting $10.00 with the Director of the Department of H<>using and Redevel<>pment, Suite 100B Fischer Building, Dubuque, Iowa, for each set of documents so obtained. Each such deposit will be refunded if 350 Special Session, June 17, 1974 the documents are returned in good condition withID 10 days af- ter bid opening. A certified check or baIlk draft, payable to the order of the City of Dubuque, negotiable U.s. Gov- ernment bonds, ora satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the estimated cost of Demoli- tion and Site Clearance exclusive of any deductions for salvage, shall be submitted with each bid. I The successful Bidder will be required to furnish and pay for satisfactory performance and pay- ment bond or bonds. Attention is called to the fact that not less than the mmimum salaries and wages as set forth m the Contract Documents must be paid on this project, and the suc- cessful Bidder may be required to provide a written Affirmative Action program. The City of Dubuque reserves the right to reject any or all Bids or to waive any informalities m the bidding. Bids may be held by the City of Dubuque for a period not to exceed thirty (30) days from the date of the opeuing of Bids for the purpose of reviewmg the Bids and investigatmg the qualifica. tions of the Bidders, prior to awarding of the Contract. CITY OF DUBUQUE Leo F. Frommelt City Clerk DATE: June 17, 1974. Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. Proof of publication, certified to <by the publisher, of Notice to Concractors of the Receipt of Pro- posals for the Construction of the 1974 Concrete Paving with inte- gral Curb Project No.2: 1. Dodge Screet-Grandview Ave- nue mtersection reconstruction and signalization. 2. Nimh Street - from Eighth Street to HilI Street and Umver- sity Avenue iotersection recon- struction, presented and read. Ma- yor Thoms moved the proof of publication be received and filed. Seconded by Councilman StackÍ8. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 14, 1974 To the Honorable Mayor and City Council Pursuant to your insiructions, sealed bids were received until 10:00 a.m., Friday, June 14, 1974 for the City of Dubuque 1974 Con- crete Paving Project No.2. The lowest bid entered was entered by Flynn Co., Inc. of Dubuque, Iowa. Their bid was 23.88% over the En- gineer's Estimate. The bid for Dodge and Grand- view Intersections was $73,464.80 which is 54.07% over the Engi- neer's Estimate. The bid for 9th and Univer- sity Intersections was $134,513.30 which is 11.9% over the estimate. I, therefore, recommend the contract be awarded to construct the 9th, Hill, 8th and University Intersections only. The Dodge and Grandview inter- section which I recommend be de- leted could be widened next year in conjunction with proposed re- paving of Dodge from Grandview to Bluff. Gilbert D. ChavenelIe City Manager Mayor Thoms moved the com- munication be received and filed. Seconded by Councilman Stackis. Carried by the followmg vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. (Awarding Contract) RESOLUTION NO. 245-74 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No.2-9th, Hill, Uni- versity and 8th Street intersec- tion only. Dodge and Grandview intersec- tion deleted pursuant to Resolu- tion No. 206-74 and notice to bid- ders published m a newspaper published m said City on May 29, 1974 and June 5, 1974; and WHEREAS, said sealed propos- als were opened and read on June 14, 1974, and it has been deter- nrlned that the bid of Flynn Com- pany Inc. of Dubuque, Iowa io the Special Session, June 17, 1974 351 amount of $134,513.30 was the low- est bid for the furnishing of all labor and materials and perform- mg the work as provided for m the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Flynn Company Inc. and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and mstructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 17th day of June, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Enrll Stackis Alvm E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, S1Jackis. Nays-None. RESOLUTION NO. 246-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with ,the provisions of law relatmg to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Julien Motor Inn, 200 Main Street The Office Grill, 9th and Main St. Fischer Bowting Lanes, 880 Locust Street Carl N. Brant, 2600 Central Ave. Mary A. Miller, 700 East 16th St. Riverside Bowl, Inc., 1860 Haw- thorne Street John C. Andresen, 229 8th Avenue John C. Andresen, 555 John F. Kennedy Road Daniel William Bauer, 351 Dodge Street Ronald D. Adams, 2195 Central Avenue William J.Baum, 3165 Central Avenue Robert 1.. Becker, 2418 Central Avenue Grandview Drugs, 486 North Grandview Avenue Carl Hirsch, 532 East 22nd Street John J. Heiderscheit, 1278 Central Avenue Albert Hmz, 3301 Pennsylvania Florence E. Chalder, 113 Main St. Clarke Super "100" Service Sta- tion, 1005 Dodge Street Milton FiIik, 3165 Central Avenue Ralph J. Grabow, 1050 University Avenue General Cinema Corp., 555 John F. Kennedy Road Gerald C. Kirchberg, 3203 Jackson Street Harry Kopple, 1098 University Avenue Ernest J. Kretz, 21st and Central Avenue Vmcent W. Mescher, 1233 Rhom- berg Avenue Kermit Meyers, 336 Main Street James L. Norton, 902 Main Street William O'Neill, 55 Locust Street Dave Parochetti and Steve Glew, 2600 Dodge Street Joseph E. Reisdorf, 601 Rhomberg Avenue Karl Ricketts, 1400 Central Ave. Sally JosephIDe Roy, 400 Central Avenue Ruegnitz Drug Store, 629 Rhom. berg Avenue Lawrence and Ethel Schwartz, 500 Rhomberg Avenue Peter Sfikas, 401 Central Avenue Bessie Sfikas, 926 Mam Street Melvin A. Spiegelhalter, 1029'k Main Street Patricia A. Sutton, 2850 Burling- ton Street John F. Thompson, Oky Doky #6, 1256 lawa Street John F. Thompson, Oky Doky #9, 51 East 32nd Street John F. Thompson, Oky Doky #11, 2119 Rhomberg Avenue Ailen C. Tressel, 2528 Central Ave. Wareco System of Iowa, 700 Rhom- berg Avenue Theodore J. Ferriog, 385 East 13th Street Charles Adams, 20th and Jackson Streets Apartment 5-A Lounge, 555 John F. Kennedy Road Special Session, June 17, 1974 Passed, adopted and approved this 17th day of June 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilme,n 352 Aqu;ßas Institute of Theology, 2570 Asbury Road Robert Beidler, 1122 Dodge Street William Hancock, 2205 Carter Rd. Brian Vincent, 3305 ASbury Road Donna Ginter, 342 Main Street Phil McCollum, 1350 John F. Ken- nedy Road Carousel Snack Bar, 555 John F. Kennedy Road Edward A. Bailey, 1298 Main St. Leonard H. Crane and Betty L. Crane, 2245 John F. Kennedy Rd. Anthony A. HelIing and Bette O. Hel1ing, 701 Dodge Street Donald plumley, 5th and Locust Streets James E. Coates, New City Harbor Fmternal Order of Eagles, 1175 Century Drive Elks Club, 701 Locust Street Eska Co., 2400 Kerper Blvd. Holiday Inn, 1111 Dodge street James Lange, 2600 Dodge Street .Jœeph Sutter, 3195 JacksOn street K-Mart, 2600 Dodge Street Knights of Columbus, 781 Locust Street Richard Rmg, 1J:5 west 11th Street Marco Gumta, 2022 Central A"e. FIrestone Tire Co., 7th and Bluff Streets Charles Nesteby, 3200 Central Ave. Arthur Pins, 2699 John F. Kennedy Road Ponderosa Steak House, 2035 John I F. Kennedy Road Michael F. Pusateri, 2560DodgeSt. Randall'. Foodarama, 2600 Dodge Street Sears Roebuck and Co., 300 South Locust Street Francis J. Shanahan, 2501 Rhom- berg Avenue Shike-Richardson, Inc., 1475 John F. Kennedy Road Stampfers Dept. Store, Town Clock Plaza Thelma Lenstra, 410 West 11th St. Rita Schueller, Town Clock Plaza Jack S. siefker, 1081 University Avenue Woolworth's, 555 John F. Kennedy Road Zayre Snack Bar, 255 John F. Kennedy Road Anthony Haberger and Gary Stewart, 9th and Central Ave. George K. Arvanitis, 1958 Central Avenue 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, Lundh, Stackis. Nays - Councilman Justmann. RESOLUTION NO. 247.74 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 CounclI of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMITS R()bert L. Becker, 2418 Central Avenue Passed, this 17th ad()pted and approved day ()f June 1974. Allan T. Thoms Mayor C. Rl>bert Justmaun James E. Brady Emil Staekis 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, Justmaun, Lundb, Stackis. Nay. - None. RESOLUTION NO. 248-74 WHEREAS, applications for Beer Permits were filed by the within named applicants 'and they have received the approval of this Council; and WHEREAS, the prenrlses to be occupied by such applicants were mspected and found to comply with the Ordmances of this City and they have filed proper bonds; 353 Special Session, June 17, 1974 NOW THEREFORE BE IT RE- SOLVED by the Oity Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named 'applicants a Beer Permit. CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue Passed, this 17th 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. 250-74 WHEREAS,applications for Liq- uor Licenses were filed by the withID 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 the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- mg named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph E. Reisdorf, dba Ten Pin Tap, 601 Rhomberg Avenue Phil1ip R Love, db> The Finale Lounge, 1701 Central Avenue Melvin A. Spiegelhalter, dba Du- buque Bowling Lanes, 1029% Main Street Passed, ad()pted and approved this 17th day of June 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvm E. Lundb Councilmen adopted and approved day of June 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk May()r Thoms moved adoption of the resolution. Seconded by Coun- cHm'an Lundb. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nays - None. RESOLUTION NO. 249.74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been exammed, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the followmg applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Seasion, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph E. Reisdorf, dba Ten Pin Tap, 601 Rhomberg Avenue Phillip R. Love, db> The FIDaie Lounge, 1701 Central Avenue Melvm A. Spiegelhalter, dba Du- buque Bowling Lanes, 1029% Main Street Passed, adopted and approved this 17th day of June 1974. Allan T. Thoms Mayor C. R()bert Justmann James E. Brady Enrll Slackis 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, Justmaun, Lundh, Stackis. Nays - None. There bemg no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Brady. Carried by the folIowing vote: 354 Special Session, June 17, 1974 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stae- Iris. Nays - None. Leo F. Frommelt City Clerk A,pproved ...........................-................1!r1£ AdJOipted ............................................~g¡4 ............................................................ :Mayor ............................................................ ............................................................ ............................................................ """""""""""""""'ë~üñëiim:ëii"""" ............................. Attest: """"ëiiÿ"cierk. Special Session, June 28, 1974 355 CITY COUNCIL OFFICIAL S_ial session, June 28, 1974. Council met at 4:30 P.M. (C.D.T.) Present - Mayor Thoms, Council. men Brady, Lundh, Stacki.. City Ma. nager Gilbert D. Chavanelle. Absent - Councilman Justmann, Mayor Thoms read tbe call and stated ,that service thereof had been duly made and this meeting is call- ed for the purpose of considering approval of various business Ii. censes and acting upon such other busmess as may properly come be. fore a regular meeting of the Coun. cil. RESOLUTION NO. 251.74 BE IT RESOLVED by the City Council of the City of Dubuque, lawa, that the following having com. plied 'With the provisions of law re- lating to the sale of Cigarettes with- m the City of Dubuque, Iowa, be granted a pernrlt to sell Cigarettes and Cigarette Papers within said City. Thomas Andresen, 1080 University Avenue Marshall Birch, Jones & Locust Sts. JosephIDe Burke, 1445 Central Ave. Bishops Buffet, Inc., 555 John F. Kennedy Road Richard W. Burkholder & Kay J. Nemmers, 250 West 1st Street Canfield Hotel, Inc., 36 West 4th Street Earl G. Corbett, 908 West Locust Street Ralph J. Cremer, 731 Rhomberg Avenue Creslanes Bowling Inc., 255 South Main Street Robert E. Crockett, 3187 University Avenue Rudy Dittmar, 1646 Asbury Road M. L. Donovan, 1876 Central Ave. Dubuque Golf and Country Club, 1800 Randall Place Dubuque Packing Company Retail Market, 16th & Sycamore Street Jack Dunbar, 504 Central Avenue Delores Elliott, 2093 Washington St. Victoria Ellis, 120 West 4th Street Lorraine Fransen. 1900 Washington Street Leona R. Friedman, 620 East 16th Street Francis J. George & John F. George, 1481 Dodge Street John F. Glynn, 760 East 16th Street Lorraine Gordon, 2327 Central Ave. John F. Hall, 2616 Windsor Avenue Richard J. Hantelmann, 902 Main Street Louis Juergens & Merian Juergens, Municipal Airport Frank & Darlene Kelly, Kennedy & Pennsylvania Avenue Frank & Darlene Kelly, 400 Rhom- berg Avenue Frank & Darlene Kelly, 1401 Cen- tral Avenue Frank & Darlene Kelly, 980 Dodge Street Frank & Darlene Kelly, 605 Dodge Street Donald Kies. 2620 University Ave. James J. Klauer, 1646 Asbury Road Duane C. KoelIer, 1701 Asbury Road Elizabeth Krajnovich, 481 Locust St. Jeanette Kroeger, 431 Rhomberg Avenue Dennis Kenneth Manahl, 3201 Cen- tral Avenue A. Y. McDonald Mfg Co., 12th and Pme Street Cyril N. Meitl, 1555 Central Avenue Merchants Hotel, 304 Main Street Catherine M. Meyer, 530 East 22nd Street Shirley Mihalakis, 574 East 16th St. Montgomery Ward & Company, 555 John F. Kennedy Road Russell E. Myers, 1618 Central Avenue Nabors Drug #4. 1920 Elm Street National Tea Company, 2013 Cen- tral Avenue Albert J. Ney & Dolores S. Boeth, 6th and Central Avenue Raymond Ney, 2186 C1!ntral Ave. Dick O'Hara, 70 South Locust St. Eugene A. Otting, 1689 Elm Street Pizza Hut, 2075 Jahn F. Kennedy Rd. Joseph Polfer, 2612 Dodge Street Ronald Pothoff, 255 Locust Street Rainbow Oil Co., 1075 Dodge Street John L. Savary, 827 Dodge Street George Scherer (Mrs.), 1187 Iowa Street Douglas L. Schlickman, 90 South Lo- cust Street David C. Schnrltz, 504 Bluff Street Mathais A. SchnelIer, 2372 Central Avenue Paul W. ScholImeyer, 176 Locust St. Albert J. Schulte, 1875 University Avenue Earl E. Schumacher, 2204 Central Avenue Frank J. Schwind, 2296 University Avenue Lowrie E. Smith, 521 East 22nd St. 356 Special Session, June 28, 1974 Harry E. EgIi, Mr. Steak, 2660 Dodge Street Kenneth Steeklem, 2480 University Avenue Earl TegIer, 2211 Windsor Avenue Raymond L. Tschiggfrie, 1190 Dodge Street Carl VaIlDueIman, 590 Clarke Dr. William J. White, 1993 Asbury St. Will-Co Inc. Oky Doky Foods #10, I 805 West 5th Street Barney Willenborg, 1801 Rhomberg Avenue Chuck N. Wong, 378 Main Street Eileen Wunder, 1046 Central Ave. Ronald T. Amundson & Richard B. Winsor, 253 Main Street Marshall R. Birch & Betty J. Birch, 1281 Dodge street Clarke College, 1550 Clarke Drive William Dunne, Jones & Locust St. Mrs. Adel Fens, 210 West 1st Street James Kachevas, 665 Dodge Street Robert Klauer, 3rd and Locust St. Kay Lester, 1322 Central Avenue Loras College, 1450 Alta Vista St. Gerald E. Miller, Sr., 2417 Rhom- berg Avenue William Miller & Oscar Bruggeman, 380 East 4th Street Nelson Norwood, Bunker Hill Road Joseph Paradiso, 3050 Asbury Road Rosbek's Dept Store, 555 John F. Kennedy Road Louis A. RIDg, 1185 Dodge Street Donald Sand, 2364 Washington St. George Sorensen & Mary Lou Sor- I ensen, 1105 University Avenue' Charles Spielman, 2401 Windsor Avenne Trausch BakIDg Co., 25 Main Street University of Dubuque, 2050 Uni- versity Avenue Marian Bridge, 139 Locust Street RIta M. Clancy, 201 East 221d Street Ursula Drake, 1097 Jackson Street Jane Fitzgibbons, 2400 Central Ave. Mark K. Ford, 1027 Rhomberg Ave. LaVern Hennen, 3300 Asbury Street Dorothy Hentges, 2412 Central Ave. Robert Karr, 31 Locust Street Walter J- Kunnert, 4th and Locust Street Kenneth Jerome Love, 802 Central Avenue John Neumeister, 729 Lincoln Ave. Coletta A. Potter, 1103 Iowa Street Richard Stecklein, Melvin B. Mc- Sperrin, 450 West Locust Street Donald E. Wertz, 1545 South Grand- view Avenue ",.~ ~ Passed, adopted and approved this 28th day of June 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. RESOLUTION NO. 252-74 WHEREAS, applications for Beer Permits have been subnrltted to this Council for approval and the same have been exanrlned; 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 Catherine Mary Meyer, Meyer's Ta- vern, 530 East 22nd Street Passed, adopted and approved this 28th day of June 1974. Allan T. Thoms Mayor Alvin E. Lundb Emil Stackis J.ames E. Brady 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, Lundh, Stackis. Nays-None. Absent - Councilman Justmann. R¡SOLUTJON NO. 253-74 WHEREAS, ,applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Council; and WHEREAS, the prenrlses to be oc- cupied by such applicants were in- spected and found to comply with the ordinances of this CIty and they have filed proper bonds; Special Session, June 28, 1974 357 NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, .that the Ma- nager be authorized to cause to be issued to thefollowmg named appli- cants a Beer Pernrlt. CLASS "B" BEER PERMIT Catherine Mary Meyer, Meyer's Ta- vern, 530 East 22nd Street Passed, adopted and approved this 28th day of June 1974. Allan T. Thoms Mayor Alvm E. Lundb Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the follow- mg vote: Yeas - Mayor Thoms, Council- men Brady, Lundb, Stackis. Nays - None. Absent - Councilman Justmann. RESOLUTION NO. 254-74 WHEREAS, applications for li- quor Licenses have been subnrltted to this Council for approval and the same have been exanrlned, 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 compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Joseph A. Paradiso and Gary Buss, 3050 Asbury Road Russell E. Myers, 1618 Central Ave. Creslanes Rowling Inc. and Sunday Sales, 255 South Main Street Arthur W. Pins, 2699 Kennedy Road Cyril N. Meit!, 1555 Central Avenue Michael F. Pusateri, 2560 Dodge St. Paul Schollmeyer, 176 Locust Street John L. Savary, 827 Dodge Street Albert Ney and Dolores Roeth, 600 Central Avenue Elizabeth Krajnovich, 481 Locust SL Eileen Wunder, 1046 Central Ave. Donald T. Sand, 2364 Washington Street Barney Willenborg, 1301 Rhomberg Avenue Sally Josephine Roy, 400 Central Avenue Edward A. Bailey, 1298 Main Street Eugene Arthur Ottmg, 1689 Elm St. Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 28th day of June 1974. Allan T. Thoms Mayor Alvin E. Lundh Enrll Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of tbe resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Lundb, Stsckis. Nays - None. Absent - Couneilman Justmann. RESOLUTION NO. 255-74 WHEREAS, applications for Li- censes were filed by the within named applicants and they have re- ceived the approval of ,this Council, and WHEREAS, the prenñses to be oc- cupied by such applicants were in- spected and found to comply with the State Law and alI City Ordi- nances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Du- buque, 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 A. Paradiso & Gary Buss, 3050 Asbury Road Russell E. Myers, 1618 Central Ave. Creslanes Bowling Inc. and Sunday Sales, 255 South Main Street Arthur W. Pins, 2699 Kennedy Road Cyril N. Meit!, 1555 Central Avenue Michael F. Pusateri, 2560 Dodge St. Paul Schollmeyer, 176 Locust Street John L. Savary, 827 Dodge Street Albert Ney and Dolores Roeth, 600 Central Avenue Elizabeth Krajnovich, 481 Locust St. Eileen Wunder, 1046 Central Ave. Donald T. Sand, 2364 Washington Street Barney Willenborg, 1301 Rhomberg Avenue Sally Josephine Roy, 400 Central Avenue 358 Special Session, June 28, 1974 Edward A. Bailey, 1298 Main Street Eugene Arthur Otimg, 1689 Elm St. Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 28th day of June 1974. Allan T. Thoms Mayor Alvin E. Lundb Emil Stackis James E. Brady eouneilmen 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, Lundb, Stackis. Nays-None. Absent - Councilman Justmann. Application of Dubuque Jaycees for transfer of Beer Permit License from 1023',2 Main Street to 2241 Lincoln Avenue, presented and read. Mayor Thoms moved to sus- pend the rules to let anyone address the Council if they so desire. Se. conded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Dennis Naughton addressed the Council on behalf of the Jaycees Pe- tition. Councilman Lundh moved the application of the Dubuque Jay. cees be approved. Seconded by Ma. yor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays - Councilman Brady. Absent - Councilman Justmann. There being no further business, Mayor Thoms moved to adjourn the meeting. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Leo F. Frommelt City Clerk Approved nnuonnn..uonuoJl97l4 Adopted . oun...uonn...Jl97I4 Mayor ...................uo........."""""""""""""'" ............................................................ Councilmen Attest: """"ëÙÿ"ci~~k:""""""""""" '...'- _..~~._~ no Regular Session, July 1, 1974 359 CITY COUNCIL OFFICIAL Regular Session, July I, 1974. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the meeUng. Communication of Low-Re nt Housing Comnrlssion subm;itting mIDutes of their meeting of June 18, 1974, presented and read. Coun- eilmanJustmann moved the com- munication be received and filed. Seconded by CouneiIman Brady. Carried by the folIowmg vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Administra- tive Ass't. Vermeer to the Gov- ernor of the State of Iowa, ad- dressed to the Mayor, appreciating interest m railroads and advismg that the Mayor's letter will be sent to the State Department of Trans- portation, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Amtrak thank- mg the MayO'l" for his correspond- ence requestiog additional Amtrak service to Northern Iowa, present- ed and read. Councilman Justmann moved that the commuuication be received and filed. Seconded by Councilman Brady. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Iowa State Highway Conmrlssion submitting Prtimary Road extension agreement for maintensnce and operation from July 1, 1974, thru June 30, 1975, m the amount of $3583.50, presented and read. Councilman Justmann moved that ,the com- munication be received and filed and refer to City Manager for signature. Seconded by Council- man Brady. Carried by the fol- lowmg vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-NoDe. Communication of Planning & Zoning Conmrlssion subnrlttmg mIDutes of their meetings of May 22, and June 19, 1974, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 28, 1974 Honorable Mayor and City Council The Advisory Commission has responded to your request for a study of alternatives and a rec- ommendation for housing city gov- ernment. The recommendation of the commission is a plan which includes the purchase of the Med- ical Associates building, wben va- cated, for a maximum of $360,000 and the use of the facility with the present city hall. This pro- posal mV'Olves the least cost to the taxpayer and provides the most useable space. Although there is no recommen- dation for renovation of present city hall, there is recommendation implied that it be well maintamed and used to tbe best advantage of the city and remodeling inci- dental to such use would be ad- vised. The proponents of plans involvmg renovation of present city hall indicated to the commis- sionthat federal funds are avail- able for use in repair and renovat- ing of buildings on the National Eegister of Historic Buildings. Some of the research material subInitted by the various study comnrlttees is enclosed. This may be helpful m your review of our recommendation. I feel that the chairmen of the study committees also may be called upon by you for further information or back-