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1974 November Council Proceedins Regular Session, November 4, 1974 CITY COUNCIL OFFICIAL Regular Session, November 4, 1974. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. City Manager Giibert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had been duly made and this is The Regular Monthly Meeting of the Council called for the purpose of acting upon such husiness as may properly come hefore the Meeting. B<>b DOrothý and representatives <>f the Dubuque Ambassadorspre- sented the Council with results <>f Dubuque's entry in the Iowa Com- munity Betterment Program with the following awards: Certificate of Participation; Governor's Lead- ership Award; Excellence in Youth Participation; and Award for Gen- eral Excellence with a cash Re- ward of $200.00. Commuunication of Playground & Recreation Commission submit- ting minutes of their meeting <>f October 14, 1974, presented and read. Councilman Lundh moved that the minutes be received and filed. Seconded by Councilman 5taclds. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. Communication of Richard C. Wagener making inquiry why nothing can be done about the movies in Dubuque if the State of illinois can, and requesting that a Dubuque anti-smut drive be start- ed, presented and read. Council- man Lundh moved that the com- munication be received and filed and referred to the City Manager. Seconded by Councilman Staclds. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staclds. NaY5--"None. Communication of Urban Renew- al requesting an extension of time for Robert Hampton & Co. to com- mence construction of the pro- posed Ramada Inn Lodge, present- 541 ed and read. Councilman Lundh moved that a 3 months extension be granted. Seconded by Council- man Justmann.. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. RESOLUTION NO. 374-74 Authorizing an Extension of Time in which R. Hampton and Company, Inc. is to Commence Construction on Certai'n Land in the Downtown Urban Renew. al Project, Iowa R.IS. WHEREAS, under date of Sep- tember 4, 1973, the City of Du- buque and R. Hampton and Com- pany, Inc. entered into a Contract for Sale of Land for Private Re- development covering Block 14 in Dubuque Downtown Plaza; and WHEREAS, the said Contract provided that construction was to commence witWn six months from November 11, 1973, the date of delivery of the deed to said parcel of real estate by the City of Du- buque to R. Hampton and Compa- ny, Inc.; and WHEREAS, the City Council of the City of Dubuque at their meet- ing of May 6, 1974, granted R. Hampton and Company, Inc., at their request, a ninety day exten. sion of time in which to commence construction upon the said parcel of real estate; and WHEREAS, the City Council <>f the City of Dubuque at their meet- ing of August 5, 1974, granted R. Hampton and Company, Inc., at their request, a further extension of time until November 4, 1974; and WHEREAS, R. Hampton and Company, Inc. has been unable to secure the required commitment for financing the construction of the improvements upon the said parcel of real estate; and WHEREAS, it is deemed to be in the hest interest of the Down- town Urban Renewal Project, Iowa R-15, and the City of Dubuque to grant R. Hampton and Company, Inc. a further extension of time to commence and complete con- struction of the required improve- ments; now therefore BE IT RESOLVED by the Coun- cil of the City of Duhuque, Iowa: Section I. That the time in 542 Regular Session, November 4, 1974 wWch R. Hampton and Company, Inc. is to commence construction of the required improvements up- on Blo<:k 14 in Dubuque DOwn- town Plaza be and the same is hereby extended to February 3, 1975, and the time in wWch the said improvements are to be co1l1- pleted shaH be eighteen months from said date. ~ction 2. Tbat all other t8I'IIUI, conditions and provisions of the Contract for Sale of Land for Pri- vate Redevelopment dated Septem- ber 4, 1973, shall remain in full force and effect Passed, adopted and approved tWo 4th day of November, 1974- Allan T. Thoms :Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundb moved adop- tion at. the re80lution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Counc.il- men Brady, Justmann, Lundh, Stackis. Nays--None. October 31, 1974 To the Honorable Mayor and Members of the City Council I have approved the following bond and certiflcat.. and desire to have your approval of same for filing. 51dewelk ConstrucHon BoRCh Fischer Inc. of Dubuque, Iowa, Tbe North River Insurance Co.. Bond No. 798648, to July 26, 1975. M. P. Kluck & Sons Inc., U. S. Fl. delity and Guaranty Co., Bond No. 28214-13-624-53 to April 6, 1975. Official Bond Rachel M. MaerschaIk, Airport Commissioner, Hartford Accident and Indemnity Co., Bond No. N3568808-B, to September 14, 1980. Gilbert D. ChaveneUe City Manager Councilman Lundh moved that the communication be received and filed and filing be approved sub- ject to the approval of the City So- licltor. Seconded ,by Counelbnan Justmann. Corried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. NaY5--"None. October 30, 19'74 To the Honorable Mayor and City Counc.il TWs is to advise you that In the month of September we exceeded our budget appropriation $225,000 in Revenue Sharing funds for sub- sidWng the Dubuque Transit Sys- tem. (Attached Is a copy of the fl. nancial statement for the Transit System through September 30, 1974). Our program will he to øuhsidize the losses of the Tran&it System for the remainder of the year from Revenue Sharing funds. It would appear that the amount of IIJb. sidizotlon required wi» be about $25,000 a month. We would ask your approval to proceed with tWs program for fi- nancing the transit system. We would at a later date ask you to amend the 1974 Budget to refIeet the additional expenditure at. Rev. enue Sharing money. Francis Á. Murray Aasistant City Manager Councilman Lundh moved that the communication be received and filed and the OIty Menager be re- quested to set a meeting at their convenience on what ia being talked about. Seconded by Counc¡¡" man Stackis. Carried by the foHow- ing vote: Yeas - Mayor Thoms, Oounc.il- men Brady, Justmaun, Lundh, Stackis. Nayll-None. October 28, 1974 Honorable Mayor and Councilmen The City of Dubuque Planaing and Zoning Commisolon has con- sidered the petition of Mr. Donald Pettit and othero requesting the vacation of the easterly 281 feet of the platted alley In the block bounded by North Grandvlew Ave- nue, N<>rth Algona, Green Street and Avoca. Tbe Commission has aiBo received the petition of other owners of property within that bIock urging that the pistted al- ley be retained. Copies of both petitions ore herewith tranamitted. Regular Session, November 4, 1974 543 Tbe Commission has noted that persoM purchasing property 10 that block, and developing access to their properties via the platted alley on reliance on Its extension through the block have ""qulred a legitimate interest in the existence of the alley as originally platted. The Commission was also made aware that certain of those prop- erty owners objecting to the pro- posed vacation of the alley have made periodic use of it even though it has not been improved. In view of the objeetioM of the proposed vacation of the platted alley, the Planning and Zoning Commission has recommended that the platted alley be retained, and that the pelitlon of Mr. Donald Pettit and others he denied. City Planning and Zoning Commission Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and flIed and recommendation of de- nial ,be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundb, Stackis. Nays-None. October 25, 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 lowe, the Civil Service Commission conducted written ex. amlnations for the position <>f Electrical Inspector I on October 15, 1974. The following named applicants have passed the written examina- tion and are hereby certified for appointment. Daugherty, Willard ........82.9% Neyens, Steven K. ..........75.9%, Marvin A. VanSickle Chairman Sr. Carolyn FarreH Louis F. Fautsch Civil Service COmmission Attest: Leo F. Frommelt CIeri< Subscribed and sworn to before me this 29th day of October, 1974. Z. D. Hantelmaun Notary Public Councilman Lundh moved that the communication be received and filed and made a matter of record. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Tboms, Counc.il- men Brady, Justmann, Lundh, Stackis. Nayll-None. Oetober 25, 1974 To the Honorable Mayor and Members <>f the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of Building Inspector I, on October 15, 1974. The following named applicant has passed the written examina- lion and Is hereby certified for appointment. Miller, Arthur J. ............61.6% Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn tohefore me tWs 29th day <>f October, 1974. Z. D. HanteImann Notary Public Councilman Lundh moved that the communication be received and filed and made a matter of rec()rd. Seconded by Councilman Brady. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lwldh, StacIcis. Nays-None. Notice of Claim of James R. Schlegel, in the amount of $25.00, for damage to a mail box as the result of being backed Into by a City <>wned truck working at 1065 W. 32nd SI. on October 30, 1974, presented and read. Mayor Tboms moved that the nolice be referred to the City Solicitor for proper proceedings. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. 544 Regular Session, November 4, 1974 November 4, 1974 Honorable Mayor and City Council Pursuant to the order of the City Council Eminent Domain Proceed- Ings were instituted against Gantz Eoterprises to secure the 217 acre farm for use for the City as a land- fill facility. You are herewith advised that on October 31, 1974, the condem- nation jury awarded the property owners the sum of $174,400.00 as damages for the taking of said real estate. I have conferred with the City Manager concerning said award and he concurs with me in recom- mending to you Ihat said award be paid. Copy of Report <>f Condemnation Commission and Notice of Ap- praisement are enclosed herewith. R. N. Russo City Attorney Councilman Lundh moved that the communication be received and filed and recommendation be approved and City Auditor be di- rected to issue proper warrant. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays----None. Petition of Ursula Drake re- questing a refund of $50.00, on the unexpired portion of Cigarette Li- cense No. 471, as she discontinued business on October 26, 1974, pre- sented and read. Councilman Lundh moved that the refund be granted and City Auditor be di- rected to Issue proper warrant. Seconded 'by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay~one. RESOLUTION NO. 375.74 Authorizing the Adver1ising for Receipt of Proposals for Devel. opment of Priveteiy Owned Housing pursue", to Section 23 of the U.S. Housing Act of 1937, as emended. WHEREAS, under date <>f July 11, 1974, the City of Dubuque sub- mitted In response to an invita- tion of the United States Depart- ment of Housing and Urban Devel- opment an application for a Sec- tion 23 Housing Assistance Pro- gram for twenty-six newly con- structed detached - single family dwelling units; and WHEREAS, under date of Octo- ber 4, 1974, the City of Dubuque was advised that the above de- scribed application had been ap- proved; and WHEREAS, the City of Dubuque has ,been authorized to prepare a Developer's Packet and to adver- tise for proposals to develop the housing unils; now therefore BE IT RESOLVED by the Cily Council of the City of Dubuque, Iowa: Section I. That the Department of Community Development for the City of Dubuque be and is hereby authorized and directed to publish an Invitation f<>r Proposals for the development of privately owned housing in acc<>rdance with the regolations of the United Slates Department of Housing and Urban Development In substantial- ly the form of N<>tice attached hereto and made a part thereof. Passed, approved and adopted this 4th day of November, 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 Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas -Mayor Thoms, Council- men Lundh, Stackis. Nay5--"Councilmen Brady, Just- mann. Pro<>f of Publication, certüled to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public Improvements and hear- Ing upon proposed plans and specs and cost of constructing Phase II, Waste Water Treatment Facilities Contract IV, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Regular Session, November 4, 1974 Carried ,by the foHowlng vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. NaY5--"None. (Necessity for improvement) RESOLUTiON NO. 343.74 WHEREAS, proposed plans, spe- cüications, form of conlract have been duly prepared and approved by the City Council of the Cily of Dubuque and are now on file in the office of the City Clerk showing among other things the following 1. An estimate of the cost of the proposed improvement for -PHASE II- Waster Water Treatment Facilities --<::ONTRACT IV- The nature and the extent of the improvements include an In- termediale Lift Station, High Oxy- gen Treatment Process, High Oxy- gen Generation Facilities, Four Final Clarüiers, Final Pumping Stalion, Adminislration Building Lab Addition, Thermal Condition- Ing Building, Miscellaneous Site Piping, Splitler Boxes, Electrical and Mechanical, Existing Planl Modüications, Concrele Roadway and Plant Site Landscaping. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentloned improvement, and unless any in- terested person appears and files objections to the proposed plans specüicati<>ns, or cost of such im- provement they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have ,been prepared therefor by the consulting firm of Henning- son, Durham and Richardson which have been approved by the City Council and are n<>w on file with the City Clerk. That the cost and expense of making said Improve- ment will be paid from the Sani- tation Sewage Rental Fund and a Federal-Stale Grant. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 30th day of September, 1974. 545 Record of Final Adoption The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 4th day <>f November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis CouncIlmen :;1' :Ii ~ \ :1 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop- tion of the resolution. Seconded by Councilman Lundh. Carried by Ihe foHowlng vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays----None. October 31, 1974 To Ihe Honorable Mayor and Cily Council The construction of Centrei Bus- iness District Traffic Signal System Improvement Project and work in- cidental thereto In and for the City <>f Dubuque, Iowa has been sub- stantially completed in accordance with plans, specüications and the contract by and between Moldt Eleclric Service, Inc. of Duhuque, Iowa and the City of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. FiNAL ESTiMATE RESOLUTiON NO. 376-74 WHEREAS, the contract for the Central Business District Traffic Signal System Improvement Proj- ect has been completed and the City Engineer has submitted Ws final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost <>f said improve- ment is hereby determined to ,be $115,895.50. 546 Regular Session, November 4, 1974 That None of the colt thereof .haIlh~ assessable upon private property and $115,895.00 shaH be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 4th day <>f November, 1974. Allan T. Thoms Mayor EmIl Stackis Alvin E. Lundh James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt City Clerk Mayòr Thoms moved adoption of the resolution. Seconded by Coun- eilman Lundh. Carried by the fol- lowing vot~ Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stack!s. Nays-None. IA Rosolution Accepting Improv_ont) RESOLUTiON NO. 377.74 WHEREAS, the contract for the Central Business District Traffic Slgnll Syslem Improvement Proj- ect has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends Its accept- ance, now therefore, BE IT RESOLVED, by the City Couneil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improVOlDent be and the same Is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Funds upon the above described Improvement in amount equal to the amount of his contract, less any retained percentage provided for th~rein. passed, adopted and approved this 4th cI2y of November, 1974. Allan T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk - Mayor Thoms moved adoption <>f the resolution. Seconded ,by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays-Councilmen Brady. Just- mann. RESOLUTION NO. 378-74 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 saie <>f Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. John Patrick O'Hara, 855 Century Drive Sindt Motorcyde Sales, Highway 20 West Rellal 8 Motel, 2670 DodlleStreet Passed, adopted and approved this 4th day of November 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nay~ouncilman Justmann. RESOLUTION NO. 379.74 W}tEREAS, applications for Beer Permits have been submitted to thiS Council for approval and the same have ,been examined; NOW THEREFORE BE IT RE- SOLvED by the City Council of the City of Dubuque, Iowa, that the f<>llowing applications 'be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMiT John F. Glynn, 780 East 16th St. John Patlick O'Hara, 855 Century Drive, Also Sunday Sales Pissed, adopted and approved this 4th day <>f November ¡jI74. Allan T. Thoms Msyor James E. Brady C. Robert Justmann Emil Staekis Alvin E. Lundh COUncilmen - Regular Session, November 4, 1974 547 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved ad<>ption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, COUncil- men Brady, Justmann, Lundh, Stackls. NaY5--"None. RESOl.UTION NO. 380.74 WHEREAS, applications for Beer Permits were filed by the witWn named applicants and they have received the approval of tWo Council; and WHEREAS, the premiæs to be inspected and found to comply with the Ordinances of tWs City and they have filed proper 'bonds; NOW THEREF'ORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be Issued to the following named applicants a Beer Permit. CLASS "8" BEER PERMIT John F. Glynn, 760 East 16th St. John Patrick O'Hara, 855 Century Drive. Also Sunday Sales Passed, ad<>pted and approved tWs 4th day <>f November 1974. Allan T. Thome Mayor Jlmes E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption <>f the resolution. Seconded by Coun- eilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nay~one. RESOLUTiON NO. 381.74 WHEREAS, applications for LIq- uor Licenses hive been submitted to tWs Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City <>f Dubuque, Iowa, that the following applications be ap- proved and LIcen... issued upon the compliance with the provisions of Chapter 131, Acts of the FIrst Regular Session, 64th General ~ sembly. CLASS "C" COMMERCIAL BEell AND LIQUDR LiC;eN$E J & RC Incorporated (Clark and J{rQe¡¡er), 431 Rhomberg Avenue :Passed, adopled and approved tWs 4th day of November 1974. Allan T. Tholns Mayor Jlmes E. Brady C. Robert Justmlnn Emil Stackls Alvin E. Lundh Councilmen Attest: Leo F. Frounnelt City Clerk Mayor Thoms moved adoption "f the resolution. Seconded hy Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Couneil- men Brady, Justmann, Lundb, Stackis. Nays---None. R&SOLUTiON NO. 382-74 WHEREAS, applications fop LIq- uor LIcenses were filed hy the within named applicants and they have received the approval <>f tWs Council, and WHEREAS, the premises ,to be occupied by such applicants were inspected and found to eomply with the State Law and III City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Couneil <>f Dubuque, Iowa, that the Manlger be authorized to cause to be Issued to the foHowing named applicants a Liquor License. CLASS "C" (COMMERCiAL) BIIER AND LIQUOR LiCENSE J & RC Incorporated (Clark and Kroeger), 431 Rhomberg Avenue Passed, adopted and approved this 4th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stlckis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Clrrled by the fol- lowing vote: 548 Regular Session, November 4, 1974 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTiON NO. 383.74 A Resolution Approving the AI. ternate "Railroad" Alignment of the Proposed Dubuque Down- town Freeway. WHEREAS, the Iowa State High- I way Commission has conducted a Corridor Location Study for a pro- posed Dubuque DOwntown Free. way; and WHEREAS, certain supplemen- tary analyses have been conducted of an alternate corridor location, known as the "Railroad" alternate, which has been proposed as a means of resolving potentially ad- verse effects on the Dubuque County courthouse and jail, and WHEREAS, the Technical Com- mittee of the Dubuque Metropoli- tan Area Transportation Study has examined said "Railroad" al- ternate and associated studies of traffic service, social and economic effects, environmental effects, and others, and has found said "Rail- road" alternate to be on accept- able corridor for purposes of fur- ther design investigation. NOW, THEREFORE, BE IT RE- I SOLVED by the City Council <>f Dubuque, Iowa, Section I. That the proposed "Railroad" alternate corridor of the Dubuque DOwntown Freeway, as described in the report of the afore-mentioned Technical Com- mittee, dated October 24, 1974, to- gether with its supporting docu- mentation, be and it Is hereby ac- knowledged as an acceptable basis for further design investigation of said Dubuque DOwntown Freeway. Section 2. That the Mayor Is hereby authorized to express the endorsement of the City Council in voting approval of said "Rail- road" alternate corridor In mat- ters before the Policy Committee of the Dubuque Metropolitan Area Transportation Study. Passed, adopted and approved this 4th day of November, 1974. Allan T. Thoma Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ""'X, Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Stackis. Carried by the foHowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. Councilman Justmann moved to suspend the rules to let anyone present address the Council If they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. NaY5--"None. Elsa Adams addressed the Coun- cil relative to the Noise Ordinance. At 9:50 P.M., Mayor Thoma moved to go Into executive session to discuss appointments to various Boards and Commissions. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay~one. Council reconvened in regular session at 10:02 P.M. Mayor Thoms announced the following appoint- ments: Roy C. Mackert reappoint- ed to the Citizens' Transportation Committee, term expiring 8-20-77; Charles Hilgert replacing Donna Foote and Gary Still replacing MI- chael Farley appointed to the Ad- visory Commission, terms expiring 6-1-76. Mayor Thoms moved ratifi- cation of the appointments. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. There being no further business, Councilman Justmann moved that the meeting be adjourned. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk Regular Session, November 4, 1974 549 Approved ....................................1975. Adopted ......................................1975. """""""""""""""""""":¡;¡:ä:;;õ¡:""""""""""""'" ,"""""""""""""""""""""""""""""""""""""""" .......................................................................-...-.... """"""""""""""""""""""'ëõüñëïiïiiëñ'" .......................... Attest: . """ëi~"'ëï~rt 550 Special Session, November 18, 1974 CITY COUNCIL OFFICIAL Special Session, November 18, 1974. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Thoms, Coun. cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. ChI_lie. Mayor Thoms read the calI and stated that service there<>f had been duly made and tWs meeting is called for the purpose of can. I slderlng recommlndetions from the Engineering Department rela- tive to TrlHic Control in the Washington Street Neighborhood from 15th to 20th Streets and act- ing upon such other 'business as may properly come before a reg- ular meeting <>f the Council. November 15, 1974 Honorable Mayor and City Council The consulting firm of Hennlng- son, Durham and Richardson re- quests time during the November 18, 1974 City Council meeting fe>r I a progress report on possible ener- gy recovery systems for the Du- buque County Landfill. John L. WWte, P.E. City Engineer A representative of H. D. & R. presented Council with progress report. Councilman Justmann moved that the report be received and filed and the Engineering De- partment be directed to meet with ACOG. Seconded by Counciiman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication <>f Mrs. George H. Lanier expressing thanks for the warm welcome extended when they visited the City with the Na- tional Trust, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, stackis. Nays-None. ,""" Printed Council proceedings for the month of July 1974, presented for approval. Mayor Thoms moved that the proceedings be approved as printed. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. November 8, 1974 Honorable Mayor and City Council I am returning to you the peti- tion of Mr. and Mrs. Timothy Al- lan about a drain problem at 1190 Southern Avenue. Please he advised that we are repairing the drain. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- Ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. November 8, 1974 Honorable Mayor and City Council I am returning to you a petition of several young people who re- quested the use of the old Naval Reserve Building for recreation purposes. The staff of the Recreation De- partment and Youth Services met and worked with the young people and their 'parents to make the building available. We were not successful In making the arrange- ment. For your information a copy of a letter from Bili Pauly is at- tached in which he describes the staff effort. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. NaY5--"None. Special Session, November 18, 1974 551 November 21, 1974 Honorable Mayor and City Council I have approved the following bonds and policies and desire 10 have your approval on same for fùing, subject to the approval of the City Attorney. SIDEWALK CONSTRUCTiON BONDS RobeI1l John Schulte, The Aetna Casualty & Surety Co. Bond No. 20 S 22568 BC, dated September 22, 1974. David Schreiber Construction Co, Merchants Mutual Bonding Com- pany, Bond No. IA-321366, dated October 30, 1974. Lee Ostrander, Aid Insurance Com. pany, Bond No. Bd 8931, dated November 4, 1974. GEN'ERAL LIABiLITY POLICY William Becker & Sons Stone Com. pany, Iowa National Mutual In- surance Co. Policy No. GLA 86267647, dated October 17,1974. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication he received and filed and filing he approved sub. ject to the approval of the City Solicitor. Seconded by Councilman Justman. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. November 6, 1974 Honorable Mayor and City Council On March 1, 1974, action was commenced in the District Court of Dubuque County, Iowa, -by C. Clark, D. Toom and L. Hogan, as plaintiffs, against the City of Du- buque, Iowa, Gilbert D. Chavenelle, Allan Thoms, James Brady, Emil Stackis, Alvin Lundh and C. Robert Justmann, as defendants from transferring public funds to Ecu- menicai Housing, Inc. for services to the elderly dlsa,bled and handi- capped of the City <>f Dubuque, Iowa. TWs matter was adjudicated by the District Court of Iowa, Honor- able T. H. Nelson, presiding, in ÚJ.vor of the defendants on May 22, 1974, and thereafter, Notice of Appeal to the Supreme Court of Iowa was filed on May 24, 1974, by the plaintiffs. On the 14th day of October 1974, Motion to Dismiss was filed by the City of Dubuque, Iowa, and by order <>f the Supreme Court on November 4, 1974, the appeal was dismissed. This conciudes the matter. Copy of Dismissal Is encioseci R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. carired by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. November 4, 1974 Honorable Mayor and City Council On Octoher 10, 1974, Lyle C. Denlinger, 2164'>2 Central Avenue (Box #18), Dubuque, flIed claim against the City of Dubuque in the amount <>f $46.93, and ciaiming said damages occurred to Ws 1970 VoIkswagon on October 5, 1974, as the result of its being struck by a City owned motor veWcIe driven by a Cily employee. TWs matter was referred to the appropriate City Agency who made investigation thereof and reporù,d to this office on October 29, 1974 \hat said claim had been amicably disposed of. Accordingly, it Is the recommendation of the City At. torney ,that the claim of Lyle C. Deniinger 'be denied. Original ciaim is returned here. with. R. N. Russo City Attorney Mayor Thoms moved \hat the communication be received and flIed and recommendation of denial be approved. Seconded by Council. man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays.--None. Notice <>f Suit of DOnald J. Men- adue, in the amount of $3000.00, for personal Injuries received in a fall at 2749 'Muscatine Street on a defective curb on August 16, 1974, presented and read. Mayor Thoms moved that the Notice be referred to the City Solicitor for proper 552 Special Session, November 18, 1974 proceedings. Sec<>nded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of personal injury claim of Lorraine M. Jenkins, in an un- determined amount, as the result <>fa fall on Maplewood Court near its intersection with Timberline Street, due to a defective curb, on October 23, 1974, presented and read. Mayor Thoms moved that the Notice be referred to the City Soli- cit<>r for proper proceedings. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to amend Zoning Ordinance No. 3-34 so as to in- clude the recently annexed terri- tory "Waechter Place In Center Grove" as Local Business "B", pre- sented and read. No written object- ions were filed 'and no oral objec- tors were present in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. Nays-None. ORDiNANCE NO. 64.74 An Ordinance Amending and Changing Ordinance No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", Zoning and Classifying Territory recently an- nexed to the City of Dubuque, iowa as . "Local Business 'B' District", which real estate is hereinafter described, said Ordinance having been pre- viously presented and read at the Council meeting of October 28, 1974, presented for final adoption. ORDINANCE NO. 64-74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZON- ING MAP OF THE CITY OF DU- BUQUE, IOWA", ZONING AND ,",,-, CLASSIFYING TERRITORY RE- CENTL Y ANNEXED TO THE CITY OF DUBUQUE, IOWA AS A "LOCAL BUSINESS 'B' DISTRICT", WHICH REAL ESTATE IS HERE- INAFTER DESCRIBED. Wh"".. th, ",I ","to hmin,fm d,- ,cdb,d w.. montiy ",nmd to, ",d b,- c,m, , p"t of ,h, City of Dubuq"", low" by R..olutiou No. 332-74 of ,h, City Council, p.."d, ,pptovod ,nd ,doptod " iu m"ting of S'pt<mbot 23, 1974, which ,nnmtion w.. upon volunmy poti'ion, ,nd Whot,.., th, PI",ning ",d Zoning Commi"ion of th, City of Dubuqu" low, h.. 'pptOvod ,nd t"omm'nd,d th" ..id t",itoty tmntiy ,nn..,d ,nd h""mft,, d.."ib,d b, wn,d ,nd cl."ifi,d " , "Loc,l Bo,in.., 'B' Di",ict". NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" O"Iin,nco No. 3-34, known" th, "Zoning Otdin",co ,nd Zon- ing M,p of th, City of Dubuq"", low" b, ,nd th, ..m, i, hmby ,m,nd,d by cl..,ifying m'ntly ,nnmd ptOpe"y " , "Loc,l B",in.., 'B' Di",ic"', '0 wi, "W"cht" Pl.co in "nm GtOVO" in Dobuq"" Town.hip, Dubuqu, County. low" com¡'ting of 1.93. ,m, mot< Ot I", b, ,nd ,h, ..m, i, hmby cl..,ifi,d. ,nd zon,d .. , Loc,1 Bu,in.., "B" motdc'. SECTION 2. Th" ,,¡d ""i,oty b, ,nd th, ..m, ,h,II b, in ,nd b"om' p", of ,b, Ninot"n,h Voting Pminct of Du- buqu" low,. P""d. ,pptovod ,nd ,doptod ,hi, 18th d,y of Novomb", 1974. AIl.n T. Thorn, M,yot Emil S,"clm Alvin E. Lundh Councilmon Publi,h,d offici,IIy in ,h, T"',,"ph Hmld thi, 22nd d,y of Novomb", 1974. Leo F. Ftomm", Ci,y Cl"k ATTEST, Leo F. FtOmm,I, Ci,y cl"k It. 11-22. Mayor Thoms moved final adop- lion of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays - Councilmen Brady, Just- mann. Communication of City Engineer submitting traffic counts taken during the 90 day WasWngton Street test perioo from July 8th to October 6th, presented and read. Councilman Brady moved that the communication be received and filed. Seconded by Mayor Thoms. Special Session, November 18, 1974 553 Carried by the following vote: Yeas - Mayor Thoms, Couneil- men Brady, Justmann, Stackis. Nays-None. Abstain-CounciIman Lundh. November 15, 1974 Honorable Mayor and City Council The recently compleled test clo- sures within the WasWngton Street Neighborhood has reaffirmed our belief that a large percentage of the through traffic can be re- directed to use the arterial street system. From the test we learned that in excess of 90% of the molor- ists using these residential streets are simply cutting through the neighborhooo. With the four divert- ers in place tWs through traffic was cut by approximately 45%, and would he even greater on a long-term installalion. We believe that by using divert- erg witWn the neighborhood and by making certain improvements on the arterial streels around the neighborhooo, We can not only re- duce nuisance traffic on the resi- dential streets but provide a letter level of service on the arterial streets. The City of Dubuque Traffic Committee recommends that the following Items he included in the I 1975 Street Program. 1. Signalization of 20th Street at Elm Street. Approximate Cost $12,000. 2. Interconnect of Signals at 20th and; Elm, Jackson, WWte and Cen- tral. Approximate Cost $9,000. 3. Interconnect of signals on 14th Street at Elm and Jackson Streets. Approximate Cost $12,000. 4. Construct Island at 18th and Central. Approximate Cost $5,000. 5. Construct traffic diverters on WasWngton Sireet at: 151h, 16th, 18th and 19th Streets. Approximate Cost $6,000. each. We believe the above projects to be to the long-term betterment of the entire Dubuque Community. John L. White, P.E. City Engineer Councilman Stackis moved ap- proval of the recommendalions. Seconded by Councilman Just- mann. Carried by the foHowln¡¡ vote: Yeas - Councilmen Brady, Just- mann, Stackis. Nays-Mayor Thoms. Abstain-Councilman LundlL Councilman Stackls moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Couneil- men Brady, Justmann, Stackis. Nays-None. Abslaln-Councilman Lundh. The following addressed the Coun- cil as being in favor of signaliza- lion and the placing of diverters in the Washington Street area: Rev. Anthony Sigwarth, Attorney Jim Reynolds, Hank Waltz and Dick Vorwald. The following ad- dressed the Council as being op- posed to the changes: Attorney Sieve Scott, representing busi. nesses and residents, John Tittle, Al Hughes, represenling Dubuque Packing Co., B. B. Grote, Carl Da- vis, Mrs. Margaret Spoerre, Mr. Scheckel, Chas. Kintzinger and Melvin Spoerre. Mayor Thoms moved to reinstate the rules. Sec- onded 'by Councilman Justmann. Carried by the foHowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Æbstain-COuncilman Lundh. Petition of Rev. Anthony W. Slg- warth requesling that the aCCOm- plishment already acWeved in the Washington Street neighborhood not be stymied nor the future out- look for Ihe area be blighted by any action taken because their plans run parallel to the new Fed- eral guidelines, presented and read. Councilman Brady moved that the petilion be received and filed. Sec- onded by Mayor Thoms. Carried by Ihe following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Stackis. Nays-None. Abstain-Councilman LundlL Petition <>f SI. Mary's School submitting various points by re- questing peace, quiet and safety for the students of SI. Mary's, pre- sented and read. Councilman Bra- dy moved that the petition be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the foHow- Ing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Stackis. Nays-None. Abstain-Councilman Lundb. 554 Special Session, November 18, 1974 Petitions of WasWngton Neigh- borhood Council by Hank Waltz submitting a survey of former pe- titions objecting to the barricading In the Washington nelghhorhood and requesting the closing of all four streets 15th, 16th, 18th and 19th, also submitting a petition showing 170 signatures urging the completion of closing all streets as originally planned, presented and read. Councilman ,Brady moved that the petition be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Abstain-Councilman Lundh. Petition of Duane R. Geisler rep- resenting Local 1861 requesting that the proposed traffic control method for the WasWngton Street neighborhood be denied, presented and read. Councilman Brady moved that the petition 'be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the folIow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Ahslain-Councilman Lundh. Petition <>f Stephen W. Scott re- questing the right to be heard along with clients and attorneys on the Issue of the proposed blockage of. Washington SL, presented and read. Councilman Brady moved that the petition be received and flIed. Seconded by Mayor Thoms. Caried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Stackis. NaY5--"None. Abslaln-Councilman Lundh. Petition <>f Dubuque Packing Co., by Alfred Hughes attorney, objecting to any proceeding which would in any way limit or dimin- ish the right of employees of the Dubuque Packing Co. by barricad- ing 15th, 16th, 18th & 19th Streets, presented and read. Councilman Brady moved that the petition be received and flIed. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Slaclcis. Nays-None. Abstain-CounciIman Lundh. Petition of H & W Motor Ex- press Co. in opposition to restrict- ing traffic in the WasWngton Street area, presented and read. Councilman Brady moved that the petition be received and flIed. Sec- onded by Mayor Thoms. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Abstain-Councilman Lundh. Petition of John K. Tittle in ~he form of a survey of the neighbor- hood on the blocking of WasWng- ton street intersections, presented and read. Councilman Brady moved that the petition be re- ceived and filed. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. NaY5--"None. Abstain-Councilman Lundh. Petition of Dubuque Casket Co. et al (141 signers) objecting to the blockading of WasWngton Street, presented and read. Councilman Brady moved that the petition be received and filed. Seconded by Mayor Thoms. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Stackis. Nays-None. Abstain-Councilman Lundh. Petition of Mrs. Margaret Spoerre et al (72 sigGers) 35 of wWch are people living between 15th and 16th on Washington St. objecting to the barricading of the slreets, presented and read. Coun- cilman Brady moved that the pe- tition be received and filed. Sec- onded by Mayor Thoms. Carried by the foilowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Abstain-Councilman Lnndh. Petition <>f National Foundation of the Mareh of Dimes requesting permission to solicit funds for the annual mother's march from Jan- uary 1 to January 31, 1975, pre- sented and read. Mayor Thoms moved that the petition he ap- proved subject to the approval of the City Manager. Seconded by Councilman Brady. Carried by the folIowing vote: Special Session, November 18, 1974 555 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of John J. Duggan re- questing permission to instalI street lights in Blocks 4 and 5 In Knob HilI Sub., also Blo<:ks 1 and 2 in Knob Hill Grove SuM., pre- sented and read. Councilman Brady moved that the petition be re- ferred to the City Manager and Electrical Inspector for invesllga- tlon and report. Seconded by Ma- yor Thoms. Carried ,by the folIow- ing vote: Yeas - Mayor Thoms, Counct1- men Brady, Justmann, Lundh, Stadis. Nays.-None. Petition <>f James J. He... et al (43 sigGers) objecting to reclassi- fying lots in Blocks 2 and 3 in Bies Sub. from Single Family to Bnsi- 118.. "Bn District Classification, presented and read Councilman Stackismoved that the petition he referred to the City Planner and Engineering Dept. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoß\S, Council. men Brady, Justmann, Lundh, Slaekis. N aY5--"N one. Petition <>f Thermolyne request- ing an extension of option agree- ment for another two years to Feb- ruary 12, 1977 on Lot 1 of Block 12, Block 13, and Lot 1 of Block 14 in River Front Sub. No.3, pre- sented and read. Councilman Lundh moved that the petition be referred to the Mayor's Industrial Committee and City Solicitor for updating Price. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Adele Urbain et al (1573 sigGers) requesting authori- zation and permission for motor vehicle access from stoneman Road in vlcinily of Imperial Lanes to Kennedy MalI, presented and read. Councilman Stackis moved that the petition be referred to the Planning & Zoning Commission and Engineering Department. Sec. onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. NaY5--"None. Petition of Gantz Enterprises re- quesling the City to grant a per- petual vehicular and pedestrian easement 30' in width over the property condemned by the City, also that the City grade and con- struct all-weather roadway to the 40 acre parcel adjoining the con- demned property, presented and read. Mayor Thoms moved that the petition be referred to the City Manager and City Solicitor. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Connc.il. men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Table Mound Park Inc. requesting rezoning of Lot 1 ofloflofloflofl<>flof 1 of Annie Wallers Sub. No.2 Sec. 1 & 12 Twp. 88 N R2E containing 64/100 of an acre from .present Mulitple Family District Classifi- cation to Business District "An Classification, presented and read. Mayor Thoms moved that the pe. tition be referred to the Planning & Zoning Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Counc.il. men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency on Resolution of Necessity for construction of Cedar Street LIft Station Valve and Sluice Gate Modifications, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Justmann. Carried by the folIow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. Nays-None. (Necessity For Improvement) RESOLUTION NO. 354-74 WHEREAS, proposed plans, spe- cifications, form of conlract have been duly prepared and approved by the City Council <>f the City of 556 Special Session, November 18, 1974 Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: 1. CEDAR STREET LIFT STATION VALVE AND SLUICE GATE MODIFiCATIONS -1974,- The nature and the extent of the modifications consist of the re- location of two sixteen (16) inch automatic valves within the dry- well <>f the lift station and the re- instalIation of a new sluice gate In the wetwell of the structure. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it. advisable and necèssary for the public wel- fare to make the hereinmentloned Improvement, and unless any in- terested person appears and files objections to the proposed plans specifications, or cost of such im- provement they shalI be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer wWch have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sani- tation Sewage Rental Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 14th day of October, 1974. RECORD OF FiNAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 18th day of November, 1974- Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved final adop- tion <>f the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. (Ordering Construction) RESOLUTION NO. 384-74-A BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 354-74 wWch was duly passed by this Council for CEDAR STREET LIFT STATION VALVE AND SLUICE GATE MODIFiCATIONS -1974,- The nature and the extent of the modifications consist of the reloca- tion of two sixteen (16) inch auto- matic valves within the drywell <>f the lift station and the reinstal- lalion of a new sluice gate in the wetwell of the structure. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shalI be constructed in accordance with the plans and specifications heretofore adopted and now on file In the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said Improvement be paid from the Sanitation Sewage Rental Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption by the City Council. Passed, adopted and approved this 18th day of November, 1974- Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Justmann. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. Nays-None. Pro<>f of Publication, certified to by the Publisher, of Notice to Con- tractl>rs of receipt of proposals for the coDBtruction of Cedar Street Special Session, Nl>vember 18, 1974 557 Lift Station Valve & Sluice Gate Modifications, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. Nays-None. November 5, 1974 To the Honorable Mayor an<! City Council Pursuant to your Instructions, sealed prl>posais were received un- til 10:00 a.m., Tuesday, November 5, 1974 for the Cedar Street Lift Station, Valve and Sluice Gate Modificatil>ns, 1974. The lowest bid was entered by Fondell & Sons, Inc., of Dubuque, Il>wa. Their hid was .001% below Engineer's estimate. I recommend that the contract for the Improvement be awarded to the Fondell & Sons, Inc. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. (Awarding Contract) RESOLUTION NO. 385.74 WHEREAS, sealed proposals have been submitted by contrac- tors for the Cedar Street Lift Sta- tion Valve and Sluice Gate Modifi- cation pursuant to Resolution No. 355-74 and notice to ,bidders pub- lished in a newspaper published In said City on October 18, 1974 and October 25, 1974; and WHEREAS, said sealed propos- als were opened and read on No- vember 5, 1974, and it has been determined that the bid of Fon- delI and Sons, Inc. of Dubuque, Iowa in the amount of $12,340.00 was the lowest bid for the furnish- Ing of all labor and malerials and performing the work as provided for In the plans and specifications; now Iherefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement .be award- ed to FondelI and Sons Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City <>f Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval I>f the con- tractors bond the Cily Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted tWs 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption <>f the resolution. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays-None. November 1, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the final plat of Blo<:k 1, Block 2 and Block 3 in "Timber Ridge Addition" in the City of Du- buque, Iowa. The Commission has found that the plat conforms to the approved preliminary plat for too area and meets the minimum requirements of the Subdivision Regulations <>f the City of Dubuque, Iowa. It is the recommendatll>n of the City of Dubuque Planning and Zon- ing Commission that the final plat be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman !~I'IIIIMI~1 t'iilll~mll 'i!I~:IIOOllilll 558 Special Session, November 18, 1974 Special Session, November 18, 1974 559 Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. NaY5--"None. RESOLUTION NO. 386.74 RESOLUTION APPROVING THE PLAT OF Block 1, Block 2 and Block 3, Each In Timber Ridge Addition In the City <>f Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision 1.0 be known as Block 1, Blo<:k 2 and Block 3 each In Timber Ridge Addition in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel; and WHEREAS, upon said plat ap- pear str...ts to be known as June Drive and Richard's Road, togelher with certain public utility ease- ments wWch the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had Its ap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or waler installed; NOW THEREF'ORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedications of Block 1, Block 2 and Block 3 each In Timber Ridge Addition, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 1, and Block 2 and Block 3 each in Timber Ridge Addition in the City of Dubuque, Iowa, be and tbe same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface June Drive and Richard's Road with bit- uminous concrete, or with concrete paving with integral curb, all In accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with Ihe plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance wilh plans submitted wilh the plat; e. To inslall concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the Clly Manager; f. To construct the foregoing im- provements in accordance with plans and .speclfications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceplance by the City of Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Richard C. Henschel and Mildred L. Henschel, as owner; i. To construct said improve- ments, except sidewalks, prior to Oct<>ber 1, 1976, and to construct the sidewalks prior to Oclober 1, 1978; and further provided that said Richard C. Henschel and Mildred L. Henschel, as owner of said Sub- division, secure the performance of the foregoing conditions by pro- viding security in such form and with such sureties as may be ac- ceplable to the City Manager. Section 3. That in the event Rich- ard C. Henschel and Mildred L. Henschel, shall fail to execute the acceptance and furnish the secur- ity provided for in Section 2 here- of witWn 45 days after the dale of this Resolution, the provisions hereof shall be nulI and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roIl call this 181h day of November, A.D., 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk ACCEPTANCE OF RESOLUTION NO. 386-74 We, the undersigned Richard C. Henschel and Mildred L. Henschel having read the terms and condi- tions of the foregoing Resolution No. 386-74 and being familiar with the conditions thereof, hereby ac- cept the same and agree to per- form the conditions required there- In. Dated at Dubuque, Iowa, this 26th day of November, 1974. Isl Mildred L. Henschel Isl Richard C. Henschel TO: LEO F. FROMMELT, CITY CLERK. This is to certify that the secur- Ity provided by the foregoing RES- OLUTION NO. 386-74 has been fur- nished by the owners. Dated at Dubuque, Iowa, this day of , 19 ........................................................ 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. November 7, 1974 To the Honorable Mayor and City Council Please find enclosed a Resolu- tion and an Amendment to Con- sent Order with the Department of Environmental Quality. TWs amendment revises the scheduled completion date for Phase II of the Waste Water Treat- ment Facility from July, 1976 to August, 1977. TWs schedule Is more realistic In light of the magnllude of the construclion project. We respectfulty request your authorization at the meeting of November 18, 1974 to have the Mayor execute this documeut on behalf of the City. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be receiv- ed and flIed.. Seconded by Council- man Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 387.74 WHEREAS, the City of Dubuque and certain industrial contributions to the Wasle Water Treatment Fa- cility and the Iowa Water Pollution Control Commission have entered into a CONSENT ORDER on May 25, 1972, and WHEREAS, the City of Dubuque has notified the Iowa Water Pollu- tion Control Commission and the Departmenl of Environmental Quality of its inability to comply with the Implementation and tim" schedule in the aforementioned Or. der and has requested a modifica- tion of the time schedules, and WHEREAS, the Iowa Water Quality Commission has concurred in the modifications to the imple mentation and time schedule con tained herein, and WHEREAS, the Iowa Water Quality Commission has provided the City of Dubuque with an AMENDMENT TO CONSENT OR DER. NOW, therefore, be It resolved by the City Council of the City of Dubuque, Iowa; that the Mayor be and he is hereby authorized and directed to execute said AMEND- MENT TO CONSENT ORDER with the Iowa Water Quality Commis- sion and that the Manager and slaff are hereby directed to pro- ceed with the Waste Water Treat- ment program in order to comply with the time schedule outlined in said AMENDMENT TO CONSENT ORDER. Passed, adopted and approved this 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt, Cily Clerk 560 Special Session, November 18, 1974 Co.uncllman Justmann mo.ved adoption of the resolution. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, co.uncil- men Brady, Justmann, Lundh, Stackis. Nays-None. November 7, 1974 To the Honorable Mayo.r and City Council I am requesting your approval to sign a contract with the U.S. Bureau of the Census to conduct a special census of the City of Du- buque In 1975. As you are aware, the City of Dubuque's Ro.ad Use Taxes, Liquor Profits and Munici- pal Assistance are predicated o.n population. Our receipts from these three sources in 1974 will average about $22 per capita. Therefo.re, a population increase of 002 wilI justify the cost of the census. Our plans are to have the census conducted In 1975 and to. certify It with the State by December 1, 1975. These new population figures must be CCl'tified with the State no. later than December 1, 1975 In order for us to ,be eligible fo.r funds on the new populatio.nbasis begin- ning January 1, 1976. The new population figures would also be used in the compu- tation of our assistance from the State in the succeodlng four years, so that we would be eligible for aid on a new populatio.n basis for a five year period. po.pulation data used by the U.S. Treasury Depart- ment in allocation of funds under Federal Revenue Sharing leglsla- tlo.n are derived from the 1970 cen- sus. Presently there Is no. indica- tio.n that the results of a special census will be substituted for the 1970 data In the Revenue Sharing co.mputatlons. However, there is a possibility that o.n an enactment of a new Revenue Sharing BiIlln 1976 that the new census figures would be accepted. If this change would be made we possibly would realize additional benefits from the in- creased Po.Pulatio.n. The total estimated cost of a special censUS fur Dubuque is $33,550. Of tWs amount $16,450 is payable on execution of a contract and balance is payable o.n perform- ance o.f the census. Yo.U are therefo.re requested to pass a resolution autho.rizing me ""L'" , . to sign a contract with the U.S. Census Bureau to conduct a spec- Ial census In 1975. Gilbert D. Chavenelle City Manager Counciiman Justmann mo.ved that the communicatio.n be receiv- ed and filed. Seco.nded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 388-74 WHEREAS, the Bureau o.f Cen- sus of the United States Depart- ment of Commerce is willing to co.ntract with the City of Dubuque to conduct a special census in 1975; and WHEREAS, there is evidence that the increase in population since the 1970 census will entitle the City of Dubuque to additio.nal Road Use Tax, Liquor Pr<>fits, and Municipal Assistance; and WHEREAS, the Bureau of Cen- sus will conduct a special census fo.r the City o.f Dubuque at an esti- mated cost of $33,550, of wWch $16,450 will be payable to the Bureau of Census o.n execution of a contract and thebalauce will be reserved for payment to Bur- eau on perfurmance of census; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the City Manager be autho.rized to. sign a contract with the Bureau of Census to conduct a special census in the City o.f Du- buque in the year 1975 fo.r an esti- mated cost of $33,550. Passed, adopted and appro.ved this 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Co.uncilman Justmann moved adoption o.f the reso.lution. Second- ed by Mayor Thoms. Carried hy the follo.wing vote: Yeas - Mayo.r Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Special Session, November 18, 1974 561 No.vember 13, 1974 Ho.no.rable Mayor and City Council I return to you the petitions of May 17 and September 26 for the exlensio.n of Glen Oak Street. A 16 to. 20 foot easement has been secured from the property owner. You have been requested by resolution to have Ihe City Clerk record this easement. It is my Inlentlo.n that the way, as indicated on the attached plat, will be graded, graveled and seal coaled at city expense. It is expect- ed that the seal coating will be done nexl spring. The estimated cost of the project Is $3,600.00. Gilbert D. Chavenelle City Manager Co.uncilman Stackis mo.ved thai the co.mmunication be received and filed. Seconded by Mayo.r Thoms. Carried by the fo.llo.wing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackls. Nays - None. RESOLUTiON NO. 389-74 WHEREAS, there has been deliv- ered to Ihe City Co.uncil o.f the City of Dubuque, Iowa, a Ro.adway Ealement, dated November 13, 1974, wherein John L. Willmes and Marlo.n Willmes, husband and wife, and La Verne A. Willmes and Ros- ella M. Willmes, husband and wife, agree to grant a perpetual ro.ad- way easement to. the City of Du- buque, Iowa in, on, over and across real estate described as: Lot 1 of Lot 1 of Lot 1 of Lot 10 In Ro.sedale Addition No.. 2, and Lot 2 of Lo.t 1 o.f Lot 1 of Lo.t 10 in Rosedale Additlo.n No.2 in Ihe City of Duhuque, Iowa for the City of Dubuque, Iowa to construct and maintain a twenty (20) foot right-of-way; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se<:tlon 1. That delivery of Ro.ad- way Easement, copy of which is attached hereto, by John L. Will- mes and Mario.n WiIlmes, husband and wife, and La Verne A. Willmes and Rosella M. Willmes, husband and wife, granting 10. the City of Dubuque, Iowa a perpetual ease- ment to co.nstruct and main lain a twenty (20) foot right-of-way, in, on, o.ver and across real estate herelnabo.ve described be and Ihe same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to. file a certified copy of said Roadway Easement In the rec- ords of the Recorder of Dubuque County, Iowa. Passed, appro.ved and adopted Ihis 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo. F. Fro.mmelt, City Clerk Councilman Stackis moved adoption of the resolutlo.n. Second- ed by Mayor Thoms. Carried by the fo.llowing vote: Yeas - Mayor Tho.ms, Co.uncil- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTiON NO. 390-74 WHEREAS, there has been deliv- ered to. the City Council of the City of Dubuque, Iowa, a Road- way Easement, dated November 13, 1974, wherein John L. WilImes and Marion Willm.., husband and wife, agree to grant a perpetuo1 roadway easeme.nt to the City of Dubuque, Iowa In, on, o.ver and across real estate described as: The North East 16 feet of Lot 2 of Rosedale Addition No.. 2, in the City of Dubuque, Du- buque County, State of Iowa for the City of Dubuque, Iowa, to. construct and maintain a sixteen (16) fo.o-t right-of-way; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That delivery o.f Road- way Easement, copy of which is at- tacbed hereto, by John L. Willmes and Rosella M. Willmes, husband and wife, granting to. the City o.f Dubuque, Iowa, a perpetual ease- ment to. co.nstruct and maintaiu a sixteen (16) fo.ot right-of-way, In, on, over and across real eslate hereinabo.ve described be and the same is hereby accepted. Section 2. That the Cily Clerk be and he is hereby authorized and directed to file a certified copy 562 Special Session, November 18, 1974 of said Roadway Easement in the records of the Recorder of Dubu- que County, Iowa. Passed, approved and adopted tWs 18th day of November, 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, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 391.74 WHEREAS the City of Dubuque is desirous of expanding cultural, educational and recreational list- ening opportunities for its citi- zens, and WHEREAS the Regents of the Uni- versity of Iowa are seeking to deliver non-commercial, educa. tional broadcasting services to eastern Iowa by increasing the power of its existing FM station to 100,000 watts, and WHEREAS the citizens of Dubu- que will be greatly benefitted from this expanded service, NOW THEREFORE BE IT RE- SOLVED, that the City Council of the City of Dubuque, Iowa, emphatically endorses the pro- posed expansion of the WSUl FM service in eastern Iowa and urges favorable approval by the U.S. Department of Health, Ed- ucation and Welfare to the Uni- versity of Iowa's request. Passed, adopted and approved this 18th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Justmann moved ad- opllon of the resolution. Second- ed by Councilman Brady. Carried by the following vote: .""" ? Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. October 28, 1974 To the Honorable Mayor and City Council The sanitary sewer constructed for Century Drive-Bies Drive area, from existing Center Grove Valley interceptor sewer northerly to Dan- iels Street, a distance of 3,242 feet, has been compieted substantially in accordance with plans and spec- ifications by Tschiggfrie Excavat- Ing of Dubuque, Iowa. Gilbert D. Chaveneile City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Flnai Estimate RESOLUTiON NO. 392-74 WHEREAS, the contract for the construction of Century Drive-tlies Drive Sanitary Sewer has Seen completed and the City Engineer has submitted Ws final estimate showing the cosl thereof including the cost of estimates, notices, in- spection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the Cily of Dubuque, That the cost of said improve- ment is hereby determined 10 he $55,260.05. That $53,175.05 of the cost there- of shall be assessable upon private property and $2,085.00 shan be paid from the sanitation fund of the Clly of Dubuque. Passed, adopted and approved tWs 18th day <>f November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Couneilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- Special Session, November 18, 1974 cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, CouneiI- men Brady, Justmann, Lundh, Stackis. NaY5--"None. (A Resolution Accepting Improvement and Directing tile Clerk to Publish Notice.) RESOLUTiON NO. 393.74 WHEREAS, the contract for the construction of Century Drive-Bies Drive Sanitary Sewer has been completed and the City Manager has examined the work and filed Ws certificate stating that the same has been completed accord- ing to the terms <>f the contract, plans and specifications and rec- ommends its acceptance, now there- fore, BE IT BESOLVED, by the City Council of the City. of Dubuque, that the recommendation of the City Manager be approved and that said Improvement be and the same is hereby accepted and the City Engineer be and is hereby direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement In amount equal to the amount of Ws con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmano Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, CouneiI- men Brady, Justmann, Lundh, Stackls. NaY5--"None. November 14, 1974 To the Honorable Mayor and City Council TWs is to advise you that the sanitary and storm sewer for Riv- erfront Subdivision No.5: Contract l-Section 2 has been substantial- ly completed in accordance with the City of Dubuque plans and specifications. I therefore recommend the ac- ceplance of the above mentioned project. Gilbert D.Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, CouneiI- men Brady, Justmann, ¡'nndh, Stackis. Nays-None. Finll Estimate RESOLUTION NO. 394.74 WHEREAS, the contract for the Sanitary Sewer and Storm Sewer for Riverfront Subdivision No.5 Contract l-Section 2. 1. Roosevelt Street Extensio¡n from the S.P.L. of Kerper Blvd. to the S.P.L. of Kilgore Street. 2. Kilgore Street from the W.P. L. of Roosevell Street Extension to the N.P.L. of Hamilton Street Extension. 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. Has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of eslimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the Cily of Dubuque, That the cost of said Improve- ment is hereby determined to be $54,979.59 Storm, $24,003.58 Sani- tary. That $ 0 of the cost thereof shall be assessable upon private property and $78,983.17 shaH be 563 564 Special Session, November 18, 1974 paid from the Land Sales 3()'9439- 1331-00 Fund of the City of Du- buque. Passed, adopted and approved this 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption <>f the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. (A Rlsolutlon Accepting improvement) RESOLUTiON NO. 395-74 WHEREAS, the contract for the Sanitary Sewer and Storm Sewer for Riverfront Subdivision No.5 Contract I-Section 2 has been completed and the City Manager has examined the work and flIed I Wo certificate atating that the same has been completed accord- ing to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement 'be and the same Is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby directed to pay to the contractor from the funds to be realized from the Land Sales Fund upon the above described improve- ment in amount equal to the amount <>f Ws contract, less any retained percentage provided for therein. Passed, adopted and approved tWo 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackls Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded -by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. November 14, 1974 To the Honorable Mayor and City Council This is to advise you that the 10" watermain for Riverfront SuI>- divlsl<>n No.5 Contract 1-Sectlon 1 has been substantially complet- ed in accordance with the City of Dubuque plans and specifications. I therefore recommend the ac- ceptance of the above named proj- ect. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and flIed. Seconded by Councilman Lundb. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis- Nays-None. Flnll Estimate RESOLUTION NO. 396-74 WHEREAS, the contract for the 10" Watermain for Riverfront Sub- division No.5 Contract l-Sec- tion 1 1. Roosevelt Street Extension from the S.P.L. of Kerper Blvd. to the S.P.L. of Kilgore StreeL 2. Kilgore Street from the W.P.L. of Roosevelt Street Extension to the N.P.L. of Hamilton Street Extension. 3. Hamilton Street Extension from the S.P.L. of Kilgore Street to the N.P.L. <>f Lot 2 of Block 1 of Riverfront Subdivision No.5 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $39,525.31. Special Session, November 18, 1974 565 That none <>f the cost thereof shalI be assessable upon private property and $39,525.31 shall be paid from Ihe land sale 3()'9439- 1331-00 Fund of the City of Du- buque. Passed, adopted and approved this 18th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolulion. Seconded ,by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. (A Resoluutlon Accepting improvement) RESOLUTiON NO. 397.74 WHEREAS, the contract for the 10" Watermaln for the Riverfront Subdivision No.5 Contract 1- Section 1 has been completed and the City Manager has examined the work and flIed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, 'by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that 'I said improvement he and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Land Sales Fund upon the above described Improve- ment In amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved tWs 18th day of November, 1974. Allan T. Thoms Mayor James E. Brady C. R<>bert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilmen Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Some discussion arose as to the possibility of the Dubuque Ma- rina Inc. connecting to the sani- tary sewer In the area that has now ,been projected through to serve industries ,being constructed on Riverfronts Subdivision No.5. Councilman Justmann moved that the matter be referred to the City Solicitor and City Engineer. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTiON NO. 398-74 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 wltWn the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Michael J. Lucas, Jr., 1064 Univer- sity Avenue Passed, adopted and approved tWs 18th day of November 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays--Councilman Justmann. RESOLUTiON NO. 399-74 WHEREAS, applications for Beer permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of 500 Special Session, November 18, 1974 the City <>f Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the eùmpliance with the tenus of the Ordinanees at. the City. CLASS "C" BEER PERMiT Eagles Di.scount Supermarket #109, 200 South Locust Street Passed, adopted and approved this 18th day of November 1974- Allan T. Thoms Mayor James E. Brady C. Robert JlIstmann EmiIStackis Alrin E. LwIdb Councilmen At1est: Leo F. FrummeIt CityCIeñ: Councilman Stackis moved ado¡>- tion of the resoh.tion. Seronded by Jbyor Thoms. Carried by the fol- lowing voœ: Yeas - Mayor Thoms, 00Imcil- men Brady, Justmann, Lundh, Staclds.. Na'5--"None. RESOLUTION NO. 400-74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of tWo Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have flied proper bonds; NOW THEREFORE BE IT RE- SOLVED hy the City Council at. the City <>f Dubuque, Iowa, that the Manager be authorized to cause to be issued to the folIow- ing named applicants a Beer Per- mit. CLASS "C" HER PERMIT Eagles Discount Supennorket #109, 1!00 South Loeust Street Passed, adopted and approved tbls 18th day of November 11174. Allan T. Thoms Mayur James E. Beady C. Robert Justmann Emil Staclds Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Staclds moved adop- lion <>f the resolution. Seconded by :Mayur Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Sustmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 401.74 WHEREAS, applications for Liq- uor Licenses ha..... been submitted to tWs CoU1lcil for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the Cily Council of the Cily of Dubuque, Iowa, that the following applieations be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the FIrst Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEëR AND UOUOR LICENSE Joan R. Marplly-The Plaza, 1101 Central Annue Lowrie E. Smith-ll2nd Street Tap, 521 East 22nd Street G1>ne F. Sullivan-The King of Clubs, 1902 Central Avenue :Michael J. Lucas, Jr.-"Papa Lukes", 1064 University Avenue M. Jack DeChristopher & DOnald P. Shanley-1be Wbeelhoooe, 1630 East 16th Street Crane Enterprises, Inc.-Cock 'N Bull, 2245 J. F. Kennedy Roed Passed, adopted and approved this 18th day of November 19'1'4. Allan T. Thoms Mayor Jam.. E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councfimen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by :Mayor Thoms. Carned by the fol- lowing vote: Yeas - :M'IYOI' Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None- Councilman Brady moved to sus- pend the rules to let anyone pres- enl address the Council if they so desire. Seoon\led by Councilman Special Session, November 18, 1974 561 Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundb, Stackis. Nay~on.e. Gene Sullivan addressed the Council relative to the renewal <>f Class "c" (Commercial) Beer and Liquor License to the King of Clubs. RESOLUTiON NO. 402.74 WHEREAS, applicalions for Liq- uor Licenses were filed !by the within named applicants and they have received the approval <>f tWs Council, and WHEREAS, th" p.emises to be occupied by such applicants were inspected Ind found to coonply with the State Law and all City Ordinances relevant thereto and they have filed proper bonda, NOW THEREFORE BE IT RE- SOLVED by tire City Council of Dubuque, Iowa, that the Manager be authorized to cause to he issued to the following named applicants a Liquor License. CLASS "C" (COMMERCiAL) BEER AND LIQUOR LICENSE Joan R. MD11>hy-"The Plaza", 1101 Central Avenue Lowrie E. Smith-22nd Street Tap, 521 East 22nd Street Gene F. Sullivan-The King of Clubs, 1902 Central Avenue Michael J. Lucas, Jr.-"Papa Lukes", 1064 University Avenue M. Jack DeChristopher & Donald P. Shanley-Tire Wheelhouse, 1630 East 16th Street Crane Enlerprises, Inc.-Cock 'N Bull, 2245 J. F. Kennedy Road Passed, ad<>pted and approved tWs 18th day of November 1974. Allan T. Thoms Mayor Jam.. E. Brady C. Robert .Tuslmann Emil Stacki.s Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tioo of the resolulion. Seconded hy Mayar Thoms. Carried hy tlæ fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. There heing no further business, Councilman Justmann moved to adjaurn the meeting. Seœnded by Councilman Stackis. Carned by the following vote: Yeas - ,Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. Leo F. Frommelt City Clerk Approved ....................................1975. Adopted ......................................1975. """"M~;;;;~"""""""""""""""""""'" ............................",............................. """""""""""""""'-"""""""""""'" .......-...................................-.............. ............................................................ Councilmen Attest: """"""""""""'Cüÿ"'ëìëri.:-' IIIIIIIUII 568 Special Session, November 25, 1974 CITY COUNCIL OFFiCiAL Speciai Session. November 25, 1974. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Thoms, Coun. ciimen 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 called for the purpose of CDN- SIDERiNG RESOLUTIONS PRO- VIDiNG FOR THE ADVERTISE- MENT AND FIXING DATE OF MEETING TO TAKE ACTION FOR THE iSSUANCE OF $2.000,000. SEWER BONDS and acting upon such other business as may prop- erly come before a regular meet- ing of the Council. Copy of Communication of Delos A. Dorweiler addressed to Genl M. Wittenberg relative to subsidized 75% lease on four bedroom home for indigent on Kennedy Lot al Carter Road, and requesting advice on the development of the four bedroom rental house, also com- munication from Low-Rent Hous- ing advising Mr. Dorweiler that they are not able to work with Wm at tWs location, presented and read. Councilman Justmaun moved that the communication be refer- red to the Council, City Manager and Gent Wittenberg. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Iowa Depart- ment of Environmental Quality ap- proving the sanitary and functional features for Timber Ridge Addn. subject to several stipulations, pre- sented and read. Councilman Just- mann moved that the communica- lion be received and filed and re- ferred to the Engineering Depart- ment. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stacids. Nays - None. Communication of Library Board advising that an engineering firm has been engaged to evaluate whether or not structural consid- erations will permit further plan- ning for an addition to the present Library Building on the Locust Streel side, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. November 19, 1974 Honorable Mayor and City Council I herewith submit the reports of the Treasurer, Finance Director, Water Superintendent, Health De- partment, and a list of claims paid, for the month of Oct<>ber 1974. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be receiv- ed and filed. Seconded by Council- man StackIs. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Proof of Publication, certified to by the Publisher, of List of Re- ceipts and Disbursemenls for the month of October 1974, presented and read. Councilman Justmann moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Housing In- spector, James L. Rubel, advising Ihat with the cooperation of the owner of the property at 759 Hill St. that aboul 95% compliance with the Housing Law has been accomp- lished and work Is continuing and no further action Is necessary, pre- sented and read. Councilman Just- mann moved that the communica- tion ,be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staekis. Nays - None. Special Session, November 25, 1974 Communicalion of Planning & Zoning Commission submitting minutes of their meeting of No- vember 20, 1974, presented and read. Mayor Thoms moved thai the minutes be received and filed. Sec- onded by Councilman Juslmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Iowa State IEghway Commission addressed to the Mayor requesting a lease as- signment agreement from the Cily executed between the City and C. W. Enterprises Inc. for a portion of right-of-way of Primary Road U.S. No. 20, presented and read. Coun- cilman Justmann moved that the communication be referred 10 the City Manager and City Attorney. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Couucil- men Brady, Justmann, Lundh, Stackls. Nays - None. November 21, 1974 Honorable Mayor and City Council I am returning to you a petition from residents on Hoyt Street re- questing the regulation of parking on Ungs Street, and a proposed ord- Inance making a no parking zone on the east side of Ungs is sub- mitted for your consideration. I recommend that the ordinauce be favorably considered, and as an explanation I am attaching a copy of Chief O'Brien's lelter of Novem- ber 12. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be receiv- ed and flIed. Seconded by Council- man Stackls. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Brady moved to sus- pend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Councilman Juslmann. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. 569 William Olson of 2222 Hoyt SL addressed the Council by stating the proposed Ordinance is in error. II should read on the north side of Ungs Street and n<>t on the east side. AN ORDINANCE amending Ord- inance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended, by enacting a new subsection 95 to Schedule VI thereof to proWbit parking of mot- or veWcles on the North side of Ungs Street from Clarke Drive to Hoyt Streel, presented. Councilman Brady moved that the reading just had be considered Ihe first read- ing of Ihe Ordinance. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Councilman Brady moved that the rule requiring an Ordioance to be read on three separate days be waived. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackls. Nays - None. Councilman Brady moved that a public hearing be held on the Ord- inance on December 9, 1974 at 7:30 o'clock P.M. In the Council Cham- ber at the City Hall and that the City Clerk be instrucled 10 publish notice of the hearing in the man- ner required by law. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. November 21, 1974 Honorable Mayor and City Council Submitted for your considera- tion Is an ordinance adjusting Ihe street parking meter ordinance. In explanation of tWs ordinance I am attaching a copy of a letter from Chief O'Brien. I recommend that the ordinance be acted on fav- orably. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be receiv- ed and filed. Seconded by Mayor 570 Special Session, November 25, 1974 Thoms. Carried by th~ following vote: Yeas - Mayor Thoms. Council. men Brady, Justmann, Lundh, I Stackis. Nays - None. ORDiNANCE NO. 65-74 An Ordinance Amending Ordl. nance No. 37-65 known as the "Street Parking Meter Ordi. nance of Dubuque, Iowa" as amended by repealing Section 6.1.1 of Parking Meter District A thereof and enacting I new Section 6.1.1 of District A in lieu thereÒf and by repealing section 6.2.1 of District B and Section 6.2.12 of District B therl' of Ind enacting a new Section 6.2.1 of District B and enacting e now section 6.2.12 of District B in lieu thereof and replaling Section 6.3.14 of Parking Meter District C thereof and Inacting a new Siction 6.3.14 of District C in lieu thereof to limit the perking of motor vehicies on streets hereinafter described, presented. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas -Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms. Carried hy the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. NaY5--"None. ORDINANCE NO. 65-74 AN ORDINANCE AMENDING OR- DINANCE NO. J7-6I KNOWN AS THE "STREET PARKING METER ORDINANCE OF DUBUQUE, rOWA" AS AMENDED BY RE- PEALING SECTION 6.1.1 OF PARKING METER DISTRICT A THEREOF AND ENACTING A NEW SECTION 6.1.1 OF DIST- RICT A IN LIEU THEREOF AND BY REPEALING SECTION 6.2.1 OF DlSTRrCT B AND SECTION 6.2.12 OF DISTRICT B THEREOF AND ENACTING A NEW SECTION 6.2_1 01' DISTRICT B AND ENACTING A NEW SECTION 6.2.12 OF DIST- RICT B IN LIEU THEREOF AND REPEALING SECTION 6.J.14 OF PARKING METER DISTRICT C THEREOF AND ENACTING A NEW SECTION 6.J.14 OF DIST- RICT C IN LIEU THEREOF TO LIMIT THE PARKING OF MOTOR VEHICLES ON STREETS HERE- INAFTER DESIGNATED. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" O,din",c< No. J7-65 known" the ..s"'., P"king Me'" O"Ii..nce 01 Duhuque, low," he ..d <lie "m. i. hmby 'm..ded by "'p"Iing "ction 6.1.1. 01 Dimict A ..d emerin. , new ""cinn 6.1.1 01 DimIct A; ",d by "'p"ling =tinn 6.2.1 ,nd "ccion 6.2.IZ 01 Di",ie< B ,00 ..,e<ing , new "",cion 6.2.1 ..d , n~ "ction 6.2.12 of Dot- tict B; ..d by ",p"liog "ccion 6.J.I4 01 Di"tict C ",d eo,cting , new "ction 6.J.I4 01 Di",ictC " lollow", "6.1 P"king M"" Di",ict A - 6.1.1 Bluff S""', We" Side betw= Sev..rn ..d Ninth S,,"'. 6.Z P,dting M"" Dot- ,ie< B - 6.2.1 Bluff S""', E", "de be"",n Filth ,..¡ Sixth St""'. ..d both ,ideo b"wetn Six<li ..d Smn<li S"etn ..d both ,ideo b"wetn T..th >ad Elev..th Stmn. 6.Z.12 T..th Stmt, No"h ,ide b"wetn C..",I Av..ue >ad low, S",et. 6.J P"kins M"" Di",ie< C - 6.J.I4 Nin<h S""'. both ,ideo b"we," Cen",1 Av,"u' ,nd Wrute S",e<." P""d. ,dopted ,ad 'pptoved tho Zfrn d,y of NoVtmb", 1974. AI!.n T. noms M,yo, J,m" E. B"dy C. Rob", Jwtm>nn Emil S"cki, Alvin E. Lundh Councilmen ATTEST, L.. F. FtOmmelt City cl"k Publoht<! offici,lly in the Teleg"ph H",!d Ne.....'!'" <Iii, 2nd d,y 01 D",,- emb" 1974. L.. F. FtOmmeIt City C¡,,¡ H. 12-2 Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. November 22, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Special Session, November 25, 1974 My-Cap Vendors Incorporated reo questing reclassification from Sin- gle Family Residence District to Multiple Residence Dislrict, with inclusion in subparagraph (i) to permit off-street parking on prop- erty described at Lots 1 through 4 of "Humboldt Addition" in the City <>f Dubuque, Iowa. The four lots, collectively, com. prise a triangular parcel at the intersecti<>n of West TWrty-second Street and Saunders Street. In 1967, the staff investigated the zoning status of this parcel and determined that it was not suitable for dev~lopment of a single fam- ily residence. It was also noted that existing Light Industrial and Business uses in the vicinity have created parking congestion along West Thirty-Second Street. It Is the opinion of the Commission that the proposed reclassif;cation, and use at. the property for off- street parking purposes, would be appropriate for this property. Thirteen notices of the public hearing were sent by certified mail to adjacent property owners. There was no written or oral ob- jection to the proposal. The Planning and Zoning Com- mission his recommended that you approve of this request. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Brady moved that the communication ,be referred to the City Solicitor and he be In- structed to draft a new section for off-street parking and to remove subparagraph (I) in the Multiple Classification. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, .fustmann, Lundh, StJIckis. NaY5--"None. AN ORDINANCE amending Or- dinance No. 3-34, known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, I_a", by amending Article IV, Section 2, Subsection (1) thereof to permit Off Street parking wlth- ing the following described area: Lots 1, 2, 3, and 4 of "Humboldt Addition" in the City of Dubuque, Iowa, presented and read. Council- man Brady moved that the City Solicitor be instructed to draft a new section for off-street parking and to remove subparagraph (1) In Ihe Multiple Classification. Sec- <>nded by Councilman Stackis. Car- ried by Ihe following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. Nays-None. Communication <>f City Engineer and Citizens Transportation Com- mittee recommending the proposal to conslroct a new ton plaza at the Dubuque Wisconsin Bridge, presented and read. Councilman Justmann moved that the commu- nication be received and filed. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE No. 66-74 An Ordinlnce Authorizing Du- buque & Wisconsin BrIdge Co. to Construct New Toli PI..., pre- sented and nNHI. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lllndh, Stackis. Nay~ouncilman Brady. Councilman Justmann moved th.t the role requiring an Ordi- nance to be read on three separate days be waived. 'Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Na~ouncilman Brady. ORDINANCE NO. 66-74 AN OItDiNANCE AUTHORIZING Dubuque" Wioco..in Bridge Co. TO CONSTRUCT New Toll 1'1,", NOW THEREFORE BE JT ORDAIN- ED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE.lOWA, SECTION 1. Th" Dubuque" Wocon- ,in B<idse Co. " own"" 01 the p..mi", known" The E"le Point Bridge in the Ci,y 01 Dub.",ue. low, be. and ,hey", h""by ¡¡t,nted <lie tevoc,ble pe=it >ad ..thMiry to com""'" ,od m.in"rn Toll Pin, With Two Toll-Hon'" und" ,he teem, ..d <onditio.. '" lotth iu th" Otdin>aCt. SECTION 2. Th" tOch ",n"'ue<ion .h.1I be done in "co,d,uce with pion, heretolo.. .ubmi"ed by p"mi= >ad 571 572 Special Session, November 25, 1974 opp'Ovod by City M..og", und" tho ,up- ",i,ion ..d di",tion of tho City Monog", ond in occo,don" with oil opp¡¡"blo "m ond fodenl low, ond "gul"io",. ..d tho Onlinonc" of tho City of Dubuquo. SECTION 3. Th" tho pono;,,;on h",iu gnn"d i, oxp",'¡y conditwnod on po'- mim" og"'mont to' oj "',umo ony ",d oil ¡¡obility fo' domog" to p",on' 0' p'Opotty which moy ",ult f,om tho ,,"mn", loeodon, in",lbdon, conmuction °' moi"mon" of "id Toll PI",,; b) To poy on beh,¡f of tho City of Dubuquo .II ""'" which tho City of Dubuquo ,holl bocomo ob¡¡g"od to poy by m,on of tho ¡¡obaity im- po..d upon tbo City of Dubuquo fo, domog" of ony kind ",uldns f'Om tho loe"ion, in",lbdon, om"n", """,ttUtuon °' m,;.tmonco of "id Toll Pl..., ,u"oinod by "y ponon °' po,,"n', "u..d by ,",cidont 0' oth"wu., to do£md " i" own ox- pen" ..d on bobolf of "id City "y d"m og,;." tho City of Du- buque od,ins out of tho Io"don, in",ll"ion, "",tmco, conmucdon 0' moin"",,,",o of Toll Plm ond to poy """noblo ottomOf f", th",- I fot; cJ To indomnify ond bold City of Du- buque f", ond h"ml", £tom "'y , ond oil d"m" I"", ¡¡obili" ..d oxpo"'o fo, injuri" to thi,d p"- ",n' 0' domog" to p,opotty of tbi,d po""n" °' fo, d=ogo to ",y p,op- "ty of City of Dubuquo which moy ocou, " 0 ,"ult of °' iu connoedon with tho loeocion, in",lbtwn, con- mu"ion. m,;."nonco ond "Poi, of tho hcility, wo,k °' imp'ovo- mon, po,mimd h"tin. SECTION 4. Th" tho ponni"ion b"cin gnn"d i, oxp""¡y condidonod upon po'- mittoe, futth" og"'mmt th" ,hould tho rigbt ond p,ivilogo h",in g,..ud bo ,,- "indod °' "vokod by tho City Conncil, po,mittoe,. °' thti, ,u"",,on in in"'"t, " own'" of tho obutting p'Opotty, ,holl within ton (10) doy, ,¡'" "coipt of w,imn nodco f,om tho City M..og", '" to do. " thoi, own oxpomo. "movo ",d Toll PI"", ..d in tho mnt of thti, f"lu" '0 to do, tho City of Dubuqno ,holl bo outhodzod to ,noovo "id Toll Plm, " po,mim.. oxpon.. ..d di,po.. of tho "mo, ond tho po,mitt'" .boll hm no d,ün og"u" tho City °' i" ogon" fo, domog" ",ulting £tom tho "mov'¡ of "id Toll P!.... SECTION ,. PERMITTEES ",vonont ond og'" th" tho tOVo"ble p"mit h"cin snn"d do" not ",mdtu" .. opp,onl of tho d"'gn, "",ion, loc"ion, "'n""'c- don, "poi, 0' mointm..CO of ",d hcility ond "id p"mimo h",by ",vonon" ond og"" not to ..",t wch d,ün °' dofon" og"n" tho City of Dubuquo in tho mnt of d"m """,d fo' pononol injuri" ond- 0' p'Opotty domogo og"n" tho ponnimo ><" "i,ing out of 0' in ony woy tonnoe"d with tho lo"uon, im"lbuon. comttuc- tion, d"ign, "poi, ond moin"nonco of tho bcility h",in p"mit"d. SECTION 6. Thi, O,din.." ,holl bo- como oHoedvo ond tho righ" b"'und" owuo to Dubuquo & W¡'comin Bddgo Co. wbon thi, O,dinon" h" boon odop"d by tho City Conncil ond tho "'m, ond condiuoDO th",of ,",copud by ponoittoe, by "cop"n" ondonod on tlm O,dinonco. Po"od, opp,ovod ond odop"d th¡, 21th d,y of Novombo" 1974. AI!.n T. Thom' Moyo' C. Rob", Ju"mo"" Emil S"cki, Alvin E. Lundb Conncilmon ATTEST, Loo F. F'OmmoI, City Cl"k ACCEPTANCE OF ORDINANCE NO. 66-74 Tho nnd",ignod boving ,tad ond boing bmi¡¡" wi,h tho t""" ",d condition, of O,dinon" No. 66-74 ho"by, foi thom- "Iv", thoi, ,uco",o" 0' ..,;gn" .. own'" of obutting p'Opotty, ,",copt tho "mo ond 'g'" '0 bo bound by tho condition' ond os'"mm" tb",in con"inod to bo po'- fo,mod by po,mi"",. D"od Novnobo, 26. 1974 Dubuquo & Wi"on,iu Bddgo Co. By, J. A. Rhomb"g Soe.-T"". Publi,hod oH"iolly in tho Tolognph Henld Now,pop" ,hi, Znd doy of Doc- omb", 1974. Lou F. F,ommolt City CI"k It. 12-2. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nay~ouncilman Brady. ORDINANCE NO. 67.74 Ordinance Renlming Portion of Front Street to Volunteer Drive, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinnance. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- Special Session, November 25, 1974 573 yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. ORDINANCE NO. 67.74 ORDINANCE RENAMING POR- TION OF FRONT STREET TO VOLUNTEER DRIVE WHEREAS, £tom timo to dmo in tho P"', tho City of Dubuquo, lowo h.. boen vi,i"d with di..."ou, £lood, f'Om tho ,",ging w"'" of tho Mi"i"ippi Rivt<; ,nd WHEREAS, du,ing tho.. criticol um" during which tho £looding w"'" of tho Mi"i"ippi Rivt< th"'tmod to d"ttoy 0 ,ub",nti,1 pottion of thi, community, ond WHEREAS, volunt'" £lood wotk", f,om oil "gmonn of tho City', lifo ond £tom ,",'Ounding "ttitOti" .. woll .. ftOm fo"ign """ wo,kcd ti"lo"ly ond diligently to ",vo oH tho ,mg" of tho flooding Mi"i"ippi Riv"; ond WHEREAS, it i, opp,opri", ond p,op" th" "id volun"" £lood wo,k", bo mno- o,iolizod ond bo ocknowlodgod, NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, SECTION 1. Th" tho imp,ovod ,o,d- woy loe",d on top of o"tbon lovoe ftOm tho notthotly p,opotty lint of Lincoln Avonuo to tho notthotly ptOp"ty lint of Howthomo SttOOt bo ond tho "mo i, ond ,holl ho",f", bo known ond n=od "Vol- unt'" Ddvo," SECTION 2. Th" tho City eJ"k bo ,nd ho i, hmby o,d"od ond di"c"d to cou.. 0 "'ti¡¡od copy of thi, otdinon" to bo filed in tho oHico of thc Roeotd" in ond fo, Dubuqu, Conn'y, lowo, ond in tho oHi" of th, Dubuquo Connty Audi,",. SECTION 3. Any o,din.." in confliCt h",with b, ond th, "mc i, bmby ,,- p"l,d. Po"od, opp,"vod ..d odop..d thi, Z1th d,y of Novomb", 1974. Albn T. Thom' Moyo, Jom" E. Bndy C. Rob", J"'tmonn Emil S"cki, Alvin E. Lundh Coundlmon ATTEST, Loo F. F'Ommdt Ci'y CI"k Publ¡'hod oHidolly in tho T,I'guph H",ld N,w,pop" thi, Znd doy of Doe- omb", 1974. Lou F. FtotOmd, Chy CI"k 1<. IZ-2. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. Petition of Peoples Natural Gas requesting permission to excavate at 1525 Rhomberg Ave. to repair leaky main, presented and read. Councilman Justmann moved that the request be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. Petition of St. Elias the Prophet Greek Orthodox Church request- ing permission to place cannisters in business places soliciting funds for the Cyprus Relief Fund, pre- sented and read. Councilman Just- manu moved that the petition be referred to the City Manager for approval. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. Petition of Ursula Drake re- questing a refund of $211.25 on un- expired portion of Beer-Liquor Li- cense No. C-I7l6, as she discon- tinued business 10-26-74, presented and read. Councilman Justmann moved that the refund be granted and the City Auditor directed to issue proper warrant. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. NaY5--"None. Proof of Publication, certified to by the publisher, of Notice of Taking Bids for Construction <>f Waste Water Treatment Facilities, presented and read. Mayor Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. NaY5--"None. 574 Special Session, November 25, 1974 November 22, 1974 To the Honorable Mayor and City Council pursuant to your instructions, sealed proposals were received un- til 10:00 a.m. on November 6, 1974 for Phase II Contract IV of the Waste Water Treatment Facilities. The lowest bid was submitted by J. P. Cullen and Son Construction Corporation of Janesville, Wiscon- sin. Their bid of $11,301,912 was 33.4% above the Engineer's Esti- mate. Tbe staff and the consulting en- gineers have completed an inten- sive evaluation of the bid propos- als from the standpoint of capital expenditure, and federal and state grants available at this time. A I summary of the Phase II financing Is enclosed. On November 8, 1974 the City of Dubuque reiterated its request to the Iowa Department of Envi- ronmental Quality and the Federal Environmental Proteetion Agency for fulI grant entitlement on tWo program. We have received formal ap- proval of the low bid submitted by J. P. Cullen from the offices of the Iowa Department of Envi- ronmental Quality and the Federal Environmental Protection Ageney. We have met with representatives of industries with whom we intend to write sewage disposal contracts. We have their assurance that they will pay their alIo<:ated costs. Therefore, I recommend that the contract be awarded to J. P. Cul- len and Son Construction Corpo- ration. Gabert D. ChavenelIe City Manager Mayor Thoms moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - MayO'1' 'ntoms, Council- men 1ustmann, Lundh, Stackis. Na~unci1man Brady. RESOLUTION NO. 404-74 R_lution Awarding Construe- Hon Contract to Low Bidder for Construction of Phase Ii Waste Water Treatment Facllitleo, C..... trlct IV. ,S " WHEREAS, the City Council of the City of Dubuque caused Notice of Invitation for Bids 10 be pub- lished inviting contractors to bid for the construction and erection of Phase II Waste Water Treat- ment Facilities, Contract IV; and WHEREAS, Notice of Taking Bids for such work was published on October 4 and October 11, 1974; and WHEREAS, the bids were op- ened at 10 a.m. November 6, 1974; and thereafter said bids were tab- ulated and the l<>wbldder was de- termined to be J. P. Cullen & Son Construction Co" whose Wd was in the amount of $11,301,912; and WHEREAS, it Is necessary to pay for the cost of such erection and construction from Federal and State grants, Sanitation Sewage Rental Fund, and from the pro- ceeds of sale <>f $2,000,000 General Obligation Bonds, wWch bonds Ire scheduled to be sold on December 12, 1974; and WHEREAS, it Is the sense of the City Council of the City of Du- buque, Iowa that said contract up- on the low bid of J. P. CulIen & Son Construction Co. should be awarded to said conlracting firm subject to and 00 condition that no contract be entered into until the actual sale of said General 0b- ligation Bonds. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa as fol- lows: Section 1. That the contract for the construction of Phase II Waste Water Treatment Facilities, Con- tract IV which, among other tWngs, consists of the following: An Intermediate Lift Slation, High Oxygen Treatment Process, High Oxygen Generation Facilities, Four Final Clarifiers, Final Pump- Ing Station, Administration Build- ing Lab Addition, Thermal Condi- tioning Building, MiscelIaneous Site Piping, Splitter Boxes, Electri- eal and Mechanical, Existing Plant Modifications, Concrete Roadway and Plant Site Landscaping, be awarded to J. P. CulIen & S<>n Con- struction Co. subject to and upon condition that the sale of $2,000,000 General Obligation Bonds be con- summated, wWch sale is presently scheduled to be held on December 12, 1974. Special Session, November 25, 1974 575 Section 2. That no contract 'be entered into with said Contractor until such sale <>f General Obliga- tion Bonds is finally consummated. SecHon 3. City Council ackn<>wl- edges and understands that the said Contractor by letter has ex- tended its offer as low bidder for said contract work to December 16, 1974 inclusive. Passed, adopted and approved tWs 25th day of November, 1974. Allan T. Thoms Mayor C. R<>bert Justmann Emil Stackis Alvin E. Lundh Councilmen Altest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the res<>lution. Seconded by Coun- cilman Lundh. Carried by the f<>l- lowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nay~ouncilman Brady. At 8:40 P.M. Mayor Thoms moved to go into Executive Ses- sion 10 discuss Legal ramifications and possible suits on contract Sec- onded by Councilman Justmann. Carried by the foll<>wing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Council reconvened in Regular Session at 8:54 P.M. Mr. Paul Ombruni of H. D. & R. addressed the Council by request, relative to consultant fees in the construction of the Sewage Treat- ment Plant due to the fact that the final contract amount was con- siderably more than their estimate. After considerabie discussion, Mr. Ombruni assured the Council that the fees will be frozen at $590,000 on the original estimate. RESOLUTION NO. 405-74 RESOLUTiON to fix a date of meeting at which it is proposed to take action for the issuance of $2,000,00 Sewer Bonds. WHEREAS it is necessary and for the best interests of the City of Dubuque, Iowa, and Its inhabi- tants to 'build and construct cer- tain sewers and Improve the sewer outlet and purifying plant In and for said City, and it is necessary that the cost thereof, to the amount of $2,000,000, be n<>w pro- vided for by the issuance <>f hoods payable from the proceeds of taxes levied on all the taxable property in said City as authorized and per- mitted by Section 396.22 of the Code of Iowa, 1973, as amended, but it Is necessary to first provide for notice and hearing in the man- ner and form required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as foll<>ws: Section I. That tWs Council meet at the Council Chambers In the City Hall in said City on the 12th day of December, 1974, at 1:00 o'clock P.M., at wWch time and place proceedings wilI be in- stituted and action taken for the issuance of $2,000,000 Sewer Bonds for the purpose of paying the cost, to that amount, of building and constructing sewers and improv- ing the sewer outlet and purifying plant in and f<>r said City. ....Section 2. The City Clerk is here- by directed to give notice of pro- posed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by publica- tion at least once not less than fifteen (15) days before said meet- ing. in the "Telegraph-Herald," a newspaper published and having a general circulation within said Cily. Said notice shalI be in sub- stantially the folIowing form: NOTICE OF MEETING FOR ISSUANCE OF SEWER BONDS The City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 12th day of December, 1974, at the Council Chambers in the City Hall, Du- buque, Iowa, at 1:00 o'cl<>ck P.M., for the purpose of Instituting pro- ceedings and taking action for the issuance of $2,000,000 Sewer Bonds of said City, hearing interest at a rate or rates not exceeding Seven per cent (7%) per annum, for the purpose <>f defraying the cost, to that amount, of building and con- structing sewers and Improving the sewer outlet and purifying plant In and for said City. At any time before the date of said meeting a petition or petitions 576 Special Session, November 25, 1974 setting forth objections thereto cil Chambers in the City Hall in may be filed in the office of the said City at 1:00 o'clock P.M., on City Clerk as permitted ,by law. December 12, 1974, and that the By order of the City Council City Clerk be and he Is hereby November 25, 1974. authorized and directed to publish Leo F. Frommelt nolice of such sale once each week City Clerk for at least two consecutive weeks Section 3. That all resolutions or In the "Te!~graph-Herald," a news- parts thereof in conflict herewith paper publ1~hed and of general be and the same are hereby re- cll'culahon m Dubuque County, pealed, and this resolulion shall Iowa, such advertIsemenl to be III be effective forthwith upon its Ihe form customarily employed for passage and approval. that p~rpose. . Passed and approved November SectIon 2. That all resoluhons ?r 25 1974 orders msofar as same may be m , . Allan T. Thoms conflict herewith be and the same Mayor are here,by repealed. Atte t. Passed and approved November Le~'F. Frommelt 25, 1974. City Clerk Allan T. Thoms Recorded November 25, 1974. Mayor Leo F. Frommelt Attest: Cily Clerk Leo F. Frommelt Mayor T~oms moved adoplion <>f Re~~d~Je~ovember 25 1974. the resoluhon. Seconded by Coun- Leo F. From;"elt climan Lundh. Camed by the fol- Cit Clerk lowing vote: y . Yeas - Mayor Thoms, Council- Mayor T~oms moved adoption of men Justmann, Lundh, Stackis. t~e resolutIOn. Seconded by Coun- Nays-Councilman Brady. clln;an Lundh. Camed by Ihe fol- !owmg vote: RESOLUTION NO. 406-74 Yeas - Mayor Thoms, Council- RESOLUTION providing for the men Justmann, Lnndh, Stackis. advertisement of $2,000.000 Sew. Nay5--"Councilman Brady. er BondL Communication of Dubuque WHEREAS, the City Council of Transit Trustee Board requesling the City of Dubuque, Iowa, has permission to subslanliate their re- heret<>fore determined it to be ad- quest for concurrence by the Coun- visable and necessary to build and cil that replacement equipment is construct certain sewers and im- urgently needed, presented and prove the sewer outlet and .purIfy- read. Councilman Juslmann moved ing planl in and for saId CIty and that the communication be re- it is necessary and for the best in- ceived and filed. Seconded by teresls <>f said City that $2,000,000 Councilman Lundh. Carried by Sewer Bonds contemplated to be the following vole: Issued to pay the cost Ihereof, to Yeas - Mayor Thoms, Council- that amount, be offered for sale men Brady, Justmann Lundh, in the manner required by Chapter Stackis. ' 75 of the Code of Iowa; NaY8--'None. NOW, THEREFORE, Be It a~d Members of the Dubuque Transit It Is Hereby Resolved by the CIty Board, Ge<>rge Deininger, Chester Council of the Clty of Dubuque, Solomon and Doris Riekena, along Iowa, as follows: with a represenlative from De- Section I. That Sewer Bonds of Leuw-Cather also Frank Bates a said City in the. amount of representatl;e of G. M. C. Bus 'Di- $2,000,000 be advertIsed for sale, vision addressed the Council rela- such bonds to be dated December tive to equipment needs for the 1, 1974, bearing Interes~ payable bus system. May 1, 1975, and semI-annually thereafter, and maturing in numer- ical order $200,000 on May 1 of each of the years 1976 to 1985, inclusive, and that bids be request- ed for action thereon at the Coun- RESOLUTION NO. 384-74 Resolution Authorizing the FII. ing of an Application with the Department of Transportation, United States of America, for a Special Session, November 25, 1974 Grant under the Urbln Mass Transportation Act of 1964, 1$ Imended. WHEREAS, the Secretary of Transportation Is authorized to make grants for mass transporta- tion projects; WHEREAS, the conlract for fi- nancial assistance will impose cer- tain obligations upon the appli- cant, including the provision by it of the local share of project costs; and WHEREAS, it Is required by the U. S. Department of Transporta- tion in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with Ihe filing of an application for as- sistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an as- surance that it will comply with Title VI of the Civil Rights Act of 1964, and the U. S. Department of Transportation requirements there- under; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1: That the Chairman of Dubuque Transit Authority is au- thorized to execute and file an ap- plication on behalf of Dubuque Transit Authority with the U. S. Department of Transportation, to aid In the financing of a granl un- der the Urban Mass Transporlation Act of 1964. Section 2: That the Chairmen of Dubuque Transit Authority Is au- thorized 10 execute and file with such application an assurance or any other document required by the U. S. Department of Transpor- tation effectuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3: That William Kohler, manager of Dubuque Transit Au- thority, is authorized to furnish such additional information as the U. S. Department of Transporta- tion may require in connection with the applicalion or the project. Passed, approved and adopled this 25 day of November, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Slackis Alvin E. Lundh Councilmen 577 Attest: Le<> F. Frommelt City Clerk Councilman Justmann moved adoption <>f the resolution. second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. NaY5--"None. November 22, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the petition of Bert T. and Hazel R. Hillary to voluntarily an- nex their property located on Ro<:kdale Road and described as "Jungwirth's Morocco." The Commission has found that the property Is conliguous to the City limits of the City of Duhuque, Iowa, and that municipal services can be provided to the area. The Planning and Zoning Commission has recommended that the petition be approved. CITY PLANNING AND ZONING COMMI~ON Daniel Dittemore Development Planner Councilman Stackis moved that the communication ,be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. NaY5--"None. RESOLUTiON ANNEXING CERTAIN TERRITORY TO THE CiTY OF DUBUQUE, iOWA NO, 407.74 WHEREAS, the owners <>f an area approximalely 1.440= acres in size located on the Rockdale Road and 210 feet southwesterly on the westerly street line thereof from the norlh section line of Seclion 1, TownsWp 88 North, Range 2 East of 5th Principal Meridian, have made application for Annexa- tion of property to City of Du- buque, Iowa, and WHEREAS, the inhabitants <>f said territory will be enabled to secure the benefits of city govern. ment in the way of police and fire protection If said territory is in- 578 Special Session, November 25, 1974 corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services If said lerrltory is incor- porated witWn the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1958, authorizes the exten- sion of City limits in situations of this character by the adoption of a resolution therefore; and WHEREAS, the future growth, development and preservation of the public health of the City <>f Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, he it re- solved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City <>f Du- buque, Iowa be and they are here- by extended to include the area comprising the following described real estate: Jungwirth's Morocco in Dubuque County, iowa This area is as shown on the plat attached hereto, and by this reference made a part here<>f, the boundaries of said area being out- lined in red thereon. Passed, adopted and approved this 25th day of November, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. NaY5--"None. RESOLUTION NO. 408-74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council <>f the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapte'r 131, Ads of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Thomas EWinger, The Pink Pan- ther Lounge, 2417 Rhomberg Avenue Town Clock Inn, Incorporated, Nesler Center, 8th and Main Passed, adopted and approved tWs 25th day of November 1974. AlIan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. NaY5--"None. RESOLUTION NO. 409-74 WHEREAS, applications for Liq- uor Licenses were filed by the witWn named applicants and they have received the approval of thi.s Counci~ and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the folIowing named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Thomas Ehlinger, The Pink Pan- ther Lounge, 2417 Rhomberg Avenue Town Clock Inn, Incorporated, Nesler Cenler, 8th and Main Special Session, November 25, 1974 579 Passed, adopted and approved tWs 25th day of November 1974. AlIan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Cierk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Slackis. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. NaY5--"None. RESOLUTION NO. 41()'74 WHEREAS, applications for Beer Permits have been submitted to tWs Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of IheCity of Dubuque, Iowa, that Ihe following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Marian J. Bridge, 139 Locust Street CLASS "C" BEER PERMiT Earl John Tegeler, 2311 Windsor Street Thompson's Food Markets, Inc., 1256 Iowa Street Passed, adopted and approved this 25th day of November 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh. Stackis. NaY5--"None. RESOLUTION NO. 411.74 WHEREAS, applications for BEER pERMITS were filed ,by the within named applicants and they have received the approval of tWs Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances <>f tWsClty and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Marian J. Bridge, 139 Locust street CLASS "C" BEER PERMiT Earl John Tegeler, 2311 Windsor Street Thompson's Food Markets, Inc., 1256 Iowa Street Passed, adopted and approved this 25th day of November 1974. AlIan T. Thoms Mayor James Eo Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Juslmann, Lundh, Stackis. NaY5--"None. There being no further business, Mayor Thoms moved that the meet- ing be adjourned. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. NaY5--"None. Leo F. Frommelt City Clerk 580 Special Session, November 25, 1974 Approved ....................................1975. Adopted ......................................1975. ............................................".............. Mayor ........................................................... ....................................,....................... ....................................,....................... ............................................................ Councilmen Attest: """"Ciïÿ'ci~;k""""""""""'" Regular Session, December 2, 1974 CITY COUNCIL OFFICIAL Reg u I a r Session, December 2, 1974. Council met at 7:30 P.M. (C.S.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 tWs is the REGULAR MONTHLY MEETiNG of the City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. Playground & Recreation Com- mission submitting minutes of their meeting of November 18, 1974, pre- sented and read. Mayor Thoms moved that the mlnules be receiv- ed and filed. Seconded by Council- man Lundh. carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Low-Rent Housing Commission submitting minutes of their meeting of No. vember 19, 1974, presented and read. Msyor Thoms moved that the minutes be received and flIed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Iowa Depart- menl of Environmental Quality submitting construction permit No. 74-378-S for Waste Water Treat- ment Facilities Phase II Contract IV, presented and read. Mayor Thoms moved that the communica. tion be received and flIed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Starns. Nays - None. Communication of Delos Dorwei- ler expressing desire to coustruct a single family 4 or 5 bedroom for rental under FHA 23 Program, 75% subsidized on his lot at Ken- nedy & Carter, presented and read. 581 Mayor Thoms moved Ihat the com- munication be received aud flIed and referred to Planniug & Zon. ing Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Dubuque Advisory Commission submitting minutes of their meet- ing of November 26, 1974 and com- munication from Dave Clemens reo questing permission to address the Council, presenled and read. Mayor Thoms moved to suspend the rules to let anyone present address the Council If they so de- sire. Seconded by Councilman Lundh. Carried by the following vale: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Dave Clemens addressed the Council relative to neighborhood parks, particularly in the 3rd Sireet area. Mayor Thoms moved that Ihe minutes of Ihe Advisory Commission be received and flIed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. November 22, 1974 Honorable Mayor and City Council On October 31, 1974, James R. Schlegel, 1085 W. 32nd, Dubuque, Iowa, filed claim against the City of Dubuque In the amount of $25 and alleging in said claim that said damages occurred on October 30, 1974, as Ihe result of a City owned truck backing over and de- molishing his mailbox at said ad- dress. TWs matter was referred to the appropriate Cily Agency who bas made an investigation thereof and has reported to this office that said claim had been amicably set- tled. It is therefore the recommen- dation of the City Attorney that the claim of James R. Schlegel be denied. Original claim is returned here- with. R. N. Russo City Attorney