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1975 March Council Proceedings Regular Session, March 3, 1975 CITY COUNCIL (O'FFtCIAI. Regular Session, March 3, 1975. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Justmann, Councilmen Brady, Thoms. CIty Manager Gilbert D. Chavenelle. Absent - Councilmenl.undh, Stackls. Mayor Justmann read the call and stated that service thereof had been duly made and this is the REGUI.AR MONTHI. Y MEET. ING of the City Council called for " the PUrpose of acting upon such 'buslness as may properly Come before the meeting. Communication of Planning & Zoning Commission submitting minutes of tlteir meeting of Feb. ruary 10, 1975, presented and read. Councilman Brady moved that the minutes be received and filed. Sec- onded by Concilman Thoms. Car- ried by the following vote: Yeas ~ Mayor Justmann, Coun- cilmen Brady, Thoms. )lays-None. Absent ~ Couneilmen Lundh, Stackis. Communication of Playground & Recreatio.n Commission submit- ting mintues of their meeting of February 10, 1975, presented and read. Couneilman Brady moved that the minutes be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Tho/n$. Nays-None. Absent - Councilmen Lundh, Stackis. Communication of Ozark Air Lines submitting application to extend embargo ,beyond expiration da.1e of 'February 28, 1975 before the Civil Aeronautics Board rela- tive to its membership on the car- riage of all hazardous materials, until such time that new rules and regulations are implemented, pre. sented and read. Councilman Thoms moved that the communi. cation be received and filed and referred to the Airpor,t Commis- sion. Seconded by Conncilman Brady. Carried by the fellowing vote: Yeas - Mayor JIIstmann, Coun. cilmen Brady, Tho/n$. 93 Nays-None. Absent - Councilmen Lundh, Stackis. Communication of Board of Su- pervisors of Hardin County, ad- dressed to Councilman Thoms, submitting copy of communication sent to the District Engineer of the State Highway Commission re- questing the reactivation of the 1.520 Program, presented and read. Councilman Brady moved that the communication be referred to the Council meeting of March 10, 1975. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmanu, Coun- cilmen Brady, Tho/n$. Nays-None. Absent ~ Councilmen Lundh, Stackis. Communication of East Cen. tral Intergovernmental Association sul>mitting a communication for the Dubuqlle County Board of 811' pervisors setUng out a change m distribution of the member per. capita assessments affecting Du- buque County member govern- ments, presented and read. Coun- cilman Thoms moved that the communication be reeeived and filed. Seconded .by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Tboms. Nays-None. Absent - Councilmen Lundh, Stackis. Communication of Dubuque Ad. visory Commission submitting amended minutes of the meeting of January 28th; also meeting of February 25, 1975, presented and read. Mayor Justmann moved to Suspend the rules to let anyone present address the Council if they so desire. Seconded by Council. man Thoms. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Thoms. Nays~None. Al>sent - Councilmen Lundh, Stackis. David Clemens addressed the Council relative to the minlltes su'l>mitted. 'Councihnan Brady moved that the minutes be re- ceived and filed. Seconded by Ma. , Regular Session, March 3, 1975 yor Justmann. Carried by the fol. proper proceedings. Seconded by lowing vote: Cou,ncUman Brady. Carried by the Yeas - 'Mayor Justmann, Conn. ~ollòwing vote: cilmen Brady, Thoms. Yeas - Mayor Justmann, Coun. Nays-None. cilmen Brady, Thoms. Absent - Councilmen Lundh, Nays-None. Stackis. Absent - Councilmen Lundh, Communication of Youth Ser. Stackis. vices Board of Directors submit- Petition of Dennis Meyer request. ting minutes of their meeting of ing permission to proceed with January 28, 1975, presented and plans to conduct a pony Express read. Couucilman Thoms moved ride to he held on 'March 28th and that the minutes be received and 29th to solicit money on horseback filed. Seconded 'by 'Mayor Just- in various areas of the City for mann. Carried by the following crippled chidren, presented and vote: read. Councilman Thoms moved' Yeas - Mayor Justmann, Coun. th'at the petition be referred to cilmen Brady, Thoms. the City Manager for implementa. Nays-None. tion. Seconded ,by Councilman Absent - Councilmen Lundh, )3rady. Carried by the following St~.~!~., ',,' ': ' , vote: ' " Notice of Claim of Mrs. Vanghn , Yeas ~ Mayor Ju~tmann, Conn. , Radabaugh, in the, amount of ~ilmen ßrady, Thoms. $10,000, for pètson'àl'injUries'rè. , Nays-None. ' '",' ",' ceived in à' fál! 'on ièyCity owned i Aibsent - Councilmen !,undh, steps on the north side of West ;Stackis. Eighth street on January 4, 1975, ' Petition of Mrs. Warren CO1iràd presented and read. Councilman of 2419 Jackson Street requesting Thoms moved that the Notice of :'ome traffic control system or de. Claim be referred to the City At. vice at the intersection of 24th & torney for proper, proceedings. Jackson Streets, 'presented and Seconded by 'Councilman Brady. read. Mayor Justmann moved that Ca¡iriedby the fol!owing vote: the petition be received and' filèd Yeas- Mayor Justmann, Coun. and referred to the City Manager cilmen Brady, Thoms. for investigatiOn mid report. Sec. 'Nàys-None: onded by Councilman Thoms. Car. Absent - Councilmen Lundh, ried by the fol!owing vote: Stackis. Yeas - Mayor Justmann, Coun. Notice of Claim of Stel!a L. 'Reu, cilmen Brady, Thoms. ter, in an undertermined amount, Nays~None. for personal injuries received in a Absent - Councilmen Lundh, fal! on a defective sidewalk at Stackis. 1610 Lincoln Ave. on February 1, Petition of Colt 45 Drum & Bn. 1~75, presented and read. Coun. gle Corps requesting consideratio,n cIlman Thoms moved that the No. for funds if available at City ti~e of Claim be referred to the County, State or Federallevel,u,n: CIty Attorney for proper proceed. der Crime Prevention Program or ings. Secon.ded ,by Council~an Community Development Program, Brady. CarrIed by the fol!owmg presented and read. Robert Bue. vote: low, Coordinator of Colt 45 Drum . Yeas - Mayor Justmann, Coun. & Bugle Corps addressed the Coun. CIlmen Brady, Thoms. cil relative to the petition. Coun. Nays-None.. cilman Thoms movèd that the ¡ie. Absent - CouncIlmen Lundh, titian be received and filed and Stackis. referred to Gent Wittenberg and Notice of Claim of Betty Schil. Councilman Stackis of North East sky, in, an uudetermined amount, Area Crime Commission. Second. for personal injuries received in a ed by Mayor Justmann. Carried by fal! on a step at W. 17th Street the following vote: ' due to an icy condition on Feb- Yeas - Mayor Justmann, Conn. wary 11, 1975, presented and cilmen Brady, Thoms. read. Councilman Thoms moved Nays-None. that ,the Notice of Claim ,be re- Á!bseut '- Councilmen Lundh ferred to the City Attorney for Stackis. ' 94 / Regular Session, March 3, 1975 95 Petition of Rouald D. Weydert At the meeting of the City et al ~36 signers) requesting reo Council, City of Dubuque, Iowa, classification of Keyway Drive the representative of Hampton As. from a so called "through street" sociates made oral presentation to to a "non.through street" to per. the City Couneil requesting an ex. mil the installation of stop signs tension of time for an additional ,at Foothill Road & Keyway Drive, period as wel! as a review of the presented and read. Mayor Just. situation in the light of the de. mann moved that the petition be velopments that have occurred referred to the City Manager for with the Five Flags Center. Harnp. proper proceedings. Seconded by ton Associates al!eged that the de. Councilman Thoms. Carried >by velopment of Five Flags is an in- the fol!owing vote: tegral necessity to the develop. Yeas - Mayor Justmann, Coun. ment of any plans for the pro- cilmen Brady, Thoms. posed Ramada Inn ¡It said site. Nays-None. Section 704 of said regulations Ab~ent - Councilmen Lundh, provides that If the redeveloper StacklS. shal! default in or violate its ob. Petition of Mrs, Vicki Howard ligation with respect to the con. requesting a minimum speed law struction of the improvements (in. (15 m.p.h.J and signs indicating cluding the nature and the dates the presence of children on Wood. from the beginning and comple. worth Street, presented and read. tion thereof), or shal! abandon or Councilman Tho/n$ moved that substantial!y suspend construction the petition be referred to the work and any such default in vio. City Manager, Engineering De. lation, or abandonment or suspen- partment, and Traffic Department. I sian shal! not be cured, ended or Seconded by Councilman Brady. remedied within three (3) months Carried by the following vote: i after the demand by the Agency Yeas - Mayor Justmann, Coun. so to do, then in such event, the cilmen Brady, Thoms. Agency shal! have the right to re- Nays-tNone. enter and take possession of the Absent - Councilmen Lundh, property snd to terminate the es. Stackis. tate conveyed by deed to the Re. Petition of Mettel Realty & In. developer, and that title revest vestment Company requesting per. in the Agency which in this' in. mission to install street lighting stance w(}uld ,be the City of Du. in Hillcrest Road and Admiral buque. Street, presented and read. Mayor Section 705 provides that upon Justmann moved that the petition the revesting in the Agency, the be approved and referred to the title to the property or any part City Manager for ratification. Sec- thereof, the Agency shall use its onded by Councilman Brady. Car- best eff(}rts to resell the property ried >by the fol!owing vote: and in such manner as the Agency Yeas - Mayor Justmánn, Coun. shall find feasible, and, upon such cilmen Brady, Thoms. resale, the Agency first shal! reim. Nays-None. burse itself for al! costs and ex- Absent - Councilmen Lundh, penses incurred by the Agency, Stackis. and al! other numerated costs and February 7 1975 expenses setout in said Section Honor"ble Mayor and ' 705, and thereafter to reimburse City Council to the rede~elope~ the s!,m of the The matter of the Hampton Can. purchase prIce paId by It, or.p.art tract relàting to the purchase of thereof. Any .balance remammg Urban Renewal property in the ..,ter i~ucfb reImbursement sh~1 Urban 'Renewal Area of the City be retamed by the Agency of this of Dubuque, Iowa, has ,been re- property. ferred to this writer in connec. In summary and very briefly, tion with the fact that the said the Agency can declare the rede. owner is in default of contract un- veloper to be in default, and serve der which they purchased said real a written demand to commence estate as to terms of performance the construction, and upon failure of the (}bligations therein can. to do so within three months, then táined. they shal! have right to reenter aond lake ,possession of the proper. ty and the title of revest in the Agency, and thereafter the Agen- cy caJ!l. sell said property and from the sale proceed$ reimburse the redeveloper for what it has paid for the property and any over plus may ,be retained by the Agency. A machine copy of the regula- tions is hereto attached for your further enlightment. R. N. Russo City Attorney Councilman Brady moved that the communication be received and £iled. Seconded 'by Councilman Thoms. Carried ,by the following vote: Yeas - Mayor Justmann" Coun- cilmen Brady, Thoms. Nays-None. Absen:t - Councilmen Lundh, Stackis., A RESOLUTION authorizing an extension of time in which R. Hampton & Company, Inc., is to commence construction on certain land in the Downtown Urban Re- newal Project, Iowa R-15, present- ed and read. Councilman Brady moved that the extension ,be de- nied. MOIJ'ION DIED FOR LACK OF A SECOND. Mayor Justmann moved that the resolution be re- ferred to the Council Meeting of March :10, 1975. Seconded by Coun- cilman Thoms. Carried by the fol- lowing vote: Yeas - Mayor Justmann, 'Conn- oilmen Brady, Thoms. Na~s-None. Absent - Councilmen Lundh, Stackis. A RESOLUTION granting Class "B" Beer Permit application to Riehard B. Winsor, presented and read. Councilman Thoms moved adoption of the resolution. Sec- onded by Mayor Justmann. Vote on the motion was as follows: Yeas - Mayor Justmann, Coun- cÌlman Thoms. Nays-Councilman Brady. Absent - Couneilmen' Lundh, Stack1s. MOTION FAILED. Councilman Thoms moved to re- fer the resolution to the Council meeting, of March 10, 1975 for re- consideration. Seconded :by Mayor Jnstmann. Carried by the £bilow- ing vote: Yeas - M"yor Justmann, Coun- cilmen Brady, Thoms. Nays-None. Regular Session, March 3\ 1975 Absent - Councilmen Lundh, Stackis. A RESOLUTION directing the isSllance of Class "B" Beer Permit to Richard B. Winsor, presented and read. :Councilman Thoms moved adoption of the resolution. Seconded by Mayor Justmann. Vote on the motion was as fol- lows: Yeas - Mayor Justmann, Coun- cilman Thoms. Nays-Councilman Brady. Absent - Councilmen Lundh, Stackis. MOTION FAlLED. Conncilman Thoms møved tore. fer the resolution to the Council meeting of March IB, 1975 for re- consideration. Seconded by Mayor Justmann. Carried by the folløw- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Thoms. Nays-None. Absent - Councilmen Lundh, Stackis. RESOl.UT1ON NO. 52.75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provi. sions of Chapter 131, Acts of the First Regular Session, 64i1h Gen. eral Assembly. CI.ASS "c" (COMMERCIAL) BEER AND LIQUOR I.ICENSE The Apartments, Ltd., Kennedy Mall Passed, adopted and approved tbls 3rd day of March 1975. C. Robert Justmann Mayor James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoma move" adop- tion of the resolution. Seconded by Mayor Justmann. C'arried¡'y the following vote: Yeas - Mayor Justmann, Coun- cilmen BradY, Thoms. Nays-None. Absent - 'COuncilmen Lundh, Stackis. 96 Regular Session, March 3, 1975 RESOLUTION NO. 53.75 WHEREAS, applications for Liq- uor Ucenses Were filed by the within named applicants and they have reèeived the approval of this Council, and WHEREAS, the premises to' be occupied 'by such applicants were inspected and found to comply with the State Law and all City Ordinances reievant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of nubuque, Iowa, that the Manager be authorized to cause to be is- sued tø the following named ap- plicants a Liquor License. CI.ASS "c" (COMMERCIAl.) BEER AND I.IQUOR I.ICENSE The Apartments, Ltd., Kennedy Mall Passed, adopted and approved this 3rd day of March 1975. C. Robert Justmann Mayor James E. Brady Allan T. Thoms CouncUmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cUmen Brady, Thoms. Nays-None. Absent ~ Councilmen Lundh, Stackis. RESOI.UTlON NO. 54.75 WHEREAS, upon the recom- mendation of the Mayor's Indus- trial Committee, the City of Dubu- que and Thermolyne Corporation entercd into an option, to purchase real estate, dated the 12th day of F1ebruary, 1973, wher<'¡n the City of Dubuque agreed to sell to Ther- molyne Corporation of Dubuqne, Iowa, the following described real estate, to-wit; and Lot 1 of Block 12, Block 13, and Lot 1 of Biock 14, in "Riv- er Front Subdivision No- 3" in the City of Dubuque, Iowa. WHEREAS, Mayor's Industrial Committee compos,ed of Robert, Justmann, Mayor, William Wood- ward, Chairman of Board of Dock Commissioners, and Robert E. Dorothy, Manager of Dubuque In- dustrial Bureau, communicated to the City notice that said optionee is willing to exercise Its option immediately provided the City of Dubuque modify said option to grant purchaser the right to com- mence construction ofa new piant on the premises within three years of transfer of deed, and completion of the project within four years of transfer of deed; and WHEREAS, saId optionee is wi1!- ing ,to exercise its option to pur- chase the above described real es- tate subject to all other terms and conditions in said option agree- ment. NOW 11HEREFORE BE IT RE. SOLVED BY THE Cl1'Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec¡lion I: That the exercise of the option as modified to purchase the hereiuabove described real es- tate by Thermolyne Corporation be and th~ same is hereby approv- ed. Section 2: That the sale of the real estate hereinabove described to Thermolyne Corporation of Du- buque, Iowa, he and ,tbe same is hemby approved sulFject to the following terms and conditions: 1. That tbe selling price of said real estate shall be Five Thous- aud ($5,000.00) Dollars per acre or a total purchase price of $36,030.00 Dollars and that the option payments shall not be deemed nor be applied upon the purchase pricc. 2. That the construction of said im- provements shall conform to all City Codes and Ordinances. 3. In the event of ,exercise of said opUon, the City sball convey said prcmises by Quit Claim Deed subject to existing easements, for sewer, water and all utilities and the City reserves an ea.'e- ment for the location and main- tenance of such utilities, togeth- er with the right of ingress therein and egress therefrom for the purpose of repair and main- tenance thereof. 4. The Ci,ty reserves an easement over Lot 1 of Block 14 River- front Subdivision No.3 for pos- sible extension of sanitary sew- er, storm sewer and water main and said easement shan be for Fifty (50') feet as construction easement and for twenty (20') fect as utilities easement. 97 Regular Session, March 3, 1975 5. That said ,City reservcs an case- Ther,e being no further business, ment in, over, on and across the Councilman Thoms moved to ad- property hereinabove described journ. Seconded by Couneilman as railroad easement, which ease- Brady. Carried by the following ment area is shaded in green on vote: .the attached plat and contains Yeas - Mayor JuBimann, Coun. approximately .3377 acres, said cilmen Brady, Thoms. piat being dated January 31, Nays - None. 1969, and pœpared by Cullen- Absent - ,Councilmen Lundh, Schiltz & Associates, Inc. Stackis. 6. That purchasers shall commence LeaF. Frommelt construction of a new plant on City Clerk the premises within three years of date of deed and shall com- plete the project within four Approved ....................................1975. years of date of deed. Section 3: That the City Clerk be and he is hereby authorized and Adopted ......................................1975. directed to publish notice of in- tent to dispose of interest in real estate as is by law required. """""""""""""""""""""""""""""" Passed, approved and adopted Mayor this 3rd day of March, 1975. C. Robert Justmann James E. Brady ............................................................ Allan T. Thoms Councilmen Attest: """""""""""""""""""""""""""""" Leo F. Frommelt City Clerk Councilman Thoms moved adop- """""""""""""""""""""""""""""" tion of the resolution. Seconded by Councilman Brady. Carried by the following vote: ............................................................ Yeas - Mayor Justmann, Coun. Councilmen cilmen Brady, Thoms. Nays - None. Absent - Councilmen Lundh Attest: ................................................ Stackis. 'City Clerk 98 Special Session, March 10, 1975 CITY COUNCIL OFFICIAl. Spec;a" Session, March 10, 1975. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Justmann, Coun. cilmen Brady, I.undh, Stackis, Thoms. City Manager Gilbert D. ChavenelJe. Mayor Jnstmann read the call and stated that service .thereof had been duly made and this Meeting is called for the purpose of CON. DUCTING A PUBI.IC HEARING ON THE BUDGET ESTIMATE FOR FISCAl. YEAR JUI.Y 1, 1975 TO JUNE 30, 1976, and acting up- on such other ,business as may pròperly come before a regular meeting of the Council. Proof of Publication, certified to by the Publisher, 'of Notice of Pub. lic Hearing on the Budget Estimate from Juiy 1, 1975 to June 30, 1976 expenditures; presented and read. Councilman Lundh moved that ,the proof ofpúblièation be received aud filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas ~. Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Naya - None. Communic8ltiou of Fred & Ard. ith Meeker of R. R. #2, objecting to possible tax raise of properties they own iu the City, presented and read. Mayor Justmann moved that the communicwtion be receiv. ed and filed, Seconded by Collncil- man Stackis. Carried ,by the follow- ing vote: Yeas - Mayor Justmanu, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Petition of Dale Walbrun et al (160 signers) objecting to increase in property taxes and also iucrease for water, sewage & refuse pick- up, presented and read. Collncil- man Stackis moved that the peti- tion be received and filed and reo ferred to the Council. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Ma)"or Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None, Councilman Thoms moved to suS. pend the rules to let anyone pres- ent address the Council if they so desire. Seconded by Councilman Brady. Carried by the fallowing vote: Yeas -' Mayor Justmaun, Coun. cilmen Brady, Luudh, Stsckis, Thoms. Nays - None. Paul Milbrandt of Dubuque Cas- ke,t Company presented and read a communication objecting to street diverters on Washington Street at 15th, l.6th, 17th, 18th & 19th Streets. Eldon Wilwert addressed the Council objecting to diverters on Was'hingtou Street. Councilman Stackis moved that the communica. tion of Paul Milbrandt 'be received and filed. Seconded by Conncilman Lundh. Carried by the fOllowing vote: Yeas - Mayor .rustmann, Coun- cilmen Brady, Lundh, Stackls, Tho=. ' Nays - None. , Councilman Thoms moved to re- cess the Public Hearing on the Estimated Budget to the COuncil meeting Of March 24, 1975 at 7:30 o'clock P:M. in the CouncilChamc hers. Seconded by Councihi¡¡¡n Lundh. Carried by the following ,vote: Yeas - Mayor Justmann, Coun- ,cilmen Brady, Lundh, Stackis, 'Thoms. Nays - None. Communication of Dub u que County Associa'tion for Retarded Citizens, Inc. offering their assist. ance in the development of a Hous. ing Assistance Plan, specifically to help the needs of the handicapped, elderly and the mentally retarded, presented and read. Mayor Just. mann moved that the communica. tionbe received and filed and re- ferred ,to the Department of Com. munity Development. Seconded by Councilman Lundh. Carried by the fallowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Communication of Wahlert Ec. ology Students expressing interest in "Earth Day" April 22nd and inquiring about Iowa laws and City laws regulating air, water, land and noise pollution, presented and read. Mayor Jus'tmann moved that the communication be referred to Dittemore's Department, Engineer- ing Department and the City Man- 99 100 Special Session, March 10, 1975 ager. Seconded by Councilman Stackis. Carried by the foJlowing vote: Yeas - Mayor Justmann, CO'Ull. cHInen Brady, Lundh, Stackis, Thoms. Nays - None. Communication of Human Rights Commission submitting minutes of their meeting of February 5, 1975, presented and read. Councilman Thoms moved that the minutes be returned to the Commission asking for clarification of "Conflict of In- terest" of Director Matt Lorenz, Seconded by Councilman Lundh, Carried by Ithe following vote: Yeas '- ,Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thorn's., Nays - None. OomITlunication of Board of Sup. ervisors of Hardin County, sub. mitting copy of letter sent to.lowa State Highway Commission re- questing reactivation of 1-520 Pro- gram, and Boiiciting our support, presented and read. Councilman Thoms moved that their request he supported and a copy of the adop- tion of our resolution on 520 Pro- gram' and Råil Transportation be forwarded. ,Seconded by Conncii. man )3rady. Carried by the follow- ing "ote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Communication of Mrs. Mary L. Mackel' of 1617 Lincoln Ave. being concerned as to tlte possible re- moval of busses in the summer. time which would create a tragedy, presented and read. Councilman S'lackis moved that the communica. tion be r~erred to the Council meeting of March 24, 1975. See- onded by 'Councilman Brady. Car. ried by the following "ote: Yeas - Mayor Justmann, Coun. cilmen BradY, Luudh, Stackis, Thoms. Nays - None. March 7, 1975 Honorable Mayor and City Coullcil ill answer to the questions re- garding the grain elevator on Tbruput's property, built next to the floodwall, I would like to state tltat I do not approve of this struc- ture being built by the eompany this close 10 the floodwall. The elevator was placed there in 1972 and the Corps of Engineers notified my office of its existence shortly after it was constructcd. At this timc the settlement of the conerete panel was noted. In 1973 during the dedication, we, with the Corps checked the settlement. I beiieve the floodwall is sound and has not been unduly damaged by the construction of the ele. vator. The floodwall at this point sets .ousteel (Z) piling which is driven into the ground 14 feet beiow the base of the floodwall.The (Z) pil. ing extend 3 feet into the concrete base of the floodwali. The base of the floodwall is three and one- half feet below the surface of the ground. ' , The elevator is bui1'1one foot from the inside edge of the con- crete floodwall. A 12" toe drain pipe runs under the elevator. If we ever had tore- build this drain the elevator would have to be moved at the owner's expense. The only danger to our floodwall wouid be the possibility of an un. stahle subsurface condition. The Corps of Engineers agreed to make a study of subsoil condi- .tions in the area of the silo and I am enclosing a copy of this re- port. They report a 'safety factor of 1.1 to 1.3 with the silos both fuli ,of corn, this isa minimum permis- sable safety factor but it should be 2.0. I will require Thruput to leave the silos empty during high water over a 25 foot stage which is 610 feet above sea level. The Corps suggested establishing survey points ün the flood wall to be read periodiCálly, which will provide warning of any change in subsurface stress. :rhis will be ac- complished within a short time. John L. White, P.E. City Engineer Mayor Justmann moved that the communication be received and fil- ed. Seconded hy Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Special Session, March 10, 1975 101 March 3, 1975 Honorable Mayor and City Council The U.S. Census Bureau has notified us 'Ihat .they will be con- ducting a special census for the City of Dubuque in September of this year. The contract with the Census Bureau ,for condUcting ,this cen.sus was 'approved by the CHy Council last fall. We have had meetings with the census people relative to the revision <>f tract maps for the City. Modifications, -to ,the City maps have been macJ-e ,and were forwarded to the Cens.ns Bureau in mid.January. ' We will keep you' informed as plans for the'speciaI census mater,- ialize. Francis A. Mnrray Assjstant~C¡¡y ManagÚ Councilman Stackls moved that the communi""tion be received and filed. Seconded, hy Councilman Lundh. Carried, by the fallowing vote: Y~as, ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Stackjs, Thoms. ' Nays - None. underground wiring, be installed at the fallowing 10catiol1S: 1. Between Lots 3 & 4 of Block13 along Hillcrest Road. 2. Between Lots 7 & 8 of Block 13 along Hillcrest Road. 3. Between Lots 2 & 3 of Block 11 along Admiral Street. Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication bè received and filed and request be approved. Sec- ondèdby Mayor Justm'!nn. Carried by the fallowing vote:. Yeas, - Mayor Jl1Stmann, Coun- cilmen, ' Brady,. Lundh, Stackis. Thoms. NaY~h~ None. March 6, 1975 Honorable Mayor and Members of the City Council I have approved .the continuation certificate Covering Sidewalk can' struction Bond #29394 in hehalf of Rapbael H. Strub, issued by Mid- western Casualty &. Surety Com. pany. We desire to baye your approval March 5, 1!}75 of same. Gilbert D. Chavenelle ~::o~û~lec~~~~ . City Manager I herewith submit the reports of . ~ouncllman . Lundh~oved that the Finance Director" Health De. fIlIng be approv~d suhJect to the partment Water' Superintendent approval of the CIty Attorney. See- and Tre~surer 'for the month of ondedby Ma~or Justmann. Carried January as well as a list of claims by the folloWIng vote: paid' Yeas -Mayor Justmann, Coun- . Gilbert D. Chavenelle cilmen Brady, Lundh, Stackis, . City Manager T~:;; - N~ne. Counclbnan Lundh moved that the communication be received and Notice of Claim of Mrs. Harold filed. Seconded by Mayor Just- Schwaegler, in the amount of $75., mann. Carried by the following for personal .injury and pcrsonal vote: property d'amage incurred as the Ycas - Mayor Justmann, Coun- result of a fall at the carner of cilmen Brady, Lundh; Stackis, Bennett St. & Grandview Ave. on Thoms., February 16, 1975, presented and Nays - None. rcad. Mayor Justmann moved that the notice of claim he referred to March 5, 1975 the . City Solicitor for proper pro- ceedings. Seconded by Counèilman Stackis. Cárried ,by the following vote: . Yeas -'- Mayor Justmann, Coun- cilmen' Brady, Lundh, Stackis, Thoms. Nays - None. Notice of Ciaim of Brian' E. Bradley, in an undetermined amount, for car damage incurred Honorable Mayor 'and City Council lam returning the petition of Mr.:c. E. Mettel requesting street lighting on Hillcrest Road and Ad- miral Street in ,Mettel-nyrne Addi- tion., , The area has ,heen investigated by the electrical inspector and It is recommended that three'175 watt mercury vapor fbctures, along with -- - - - - Special Session, March 10, 1975 102 Special Session, March 10, 1975 103 a3 the r,esult of driving into an ex- cavation at 17th & Main Streets on March 5, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solicitor for proper proceed- ings- Seconded by Councilman S'lackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady,. Lundh, Stackis, Thoms. Nays - None. isting community center huilding should be approved. ClTY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Justmann moved that the communication be received and fil- ed. Seconded by Councilman Thoms. CarrIed by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, 'lhoms. Nays - None. AN ORDlNANCE amending and changing Ordinance No. 3-3o1e, known as "The Zoning Ordinance and Zoning Map of the City of Du- buque, Iowa", so as to change cer- tain property described as "Com- mencing at the southwest "orner of the northwest quarter section of Township 89 North, Range 2 East of the 5th Principal Meridian, Du- buque County, Iowa; Thence east- erly along the south line of said quarter section a distance of 1530.27 feet to a 'point, said point also lying on the centerline of Peru Road; Thence northerly along a line, said line also being the centerline of Peru Road; with a deflection angie of 95" 56' 30" left a distance of 730.46 feet to a point; Thence westerly along a line with a deflection angle of 89° 4' 15" left a distance of 260 feet to a point, said point being the beginning of this legal description; Thence northeasteriy along a line with a defiectlon angle of 72° 20' 45" right a distance of 689 feet to a point; Thence southwesterly along a line with a defleclion angle of 9Go 0' ieft a distance of 130 feet to a point; Thence northwesterly along a line with a deflection angle of 95° 5' right a dislance of 140 feet to a point; Thence easterly aiong a line through said point and perpendicular to the centerline of Peru Road at that point to a point 260 feet wcsterly of said center- line; Thence southerly along a line par,allel to, but 26G feet west of the centerline of Peru Road to the point of beginning; All territory described lying in Lot A of Ter- race Heights Subdivision being a subdivision of the northwest quar- ter of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa, Dubuque County, Iowa, containing 1.89 acres more or less" from "Multipie Residence District" Classification to "Loca] Business 'B' District Classifica- tion", presented and read. Coun- cilman Lundh moved that the read- ing just had be considered the first re,ading of the Ordinance. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Lundh moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Justmann. Carried by the follow- I ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Councilman Lundh moved that a public hearing be held on the Ordinance on April 7, 1975 at 7:3Ü o'clock P.M. in the Council Cham her at the Çity Hall and that the City Clerk he instructed to publish notice of the hearing in the manner required ,by law. Sec- onded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady,Lundh, Stackis, Thoms. Nays - None. Petition of Loras College Stu- dent Senate requesting permission to use fireworks in celebrating their annual Dionysia Festival on April 25, 1975, presented and read- Glenda Buesmer addressed the Council questioning "Why not have Fireworks". Councilman Brady moved that the petition of Loras College be received and filed and referred to the City Manager. Sec- onded by Councihnan Lundh. Car- ried 'by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh" Stackis, Thoms- Nays - None. Petitions of Shawn Bahl, et ai, (approx. lOG letters) students from Holy Ghost School. Audubon School, Jackson School and others requesting the establishment of a Girl's Center, presented and read. Councilman Thoms moved that tha petitions ,be received and filed and referred to the Department of Community Development. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, COun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Petition of Frank Hardie Adver- tising Inc. requesting rezoning of Lot 2 of M. L. 243 and Lot 3 of M. L. 243 from Single Family to Business Classification (3100 Block on University), presented and read. Councilman StacIcis, moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cihnen Brady, Lundh, Stackis, Thoms. Nays - None. Petition of League of Women Voters of Dubuque requesting the adoption of a formal annex'ation policy for the City, presented and read. Bobbe Ames, President of League of Women Voters address- ed the Council stating she had written the Council in June of 1973. She further stated League is now talking more about policy rather than various parcels of land. They are more Interested in open space green belt, open use of land and planned orderly growth. Coun- cilman Lundh moved that the peti- tion of League of Women Voters be received and filed and referred to Ihe Planning & Zoning Commis- sion. Seconded by Councilman Stackis. Carried by the foIlowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Councilman Brady moved that the Planning & Zoning Commis- sion be instructed to inform the Council on annexation guidelines. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann,Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Robert Watters re- ques'fing rentalofapprox. 14 ac,,"s abutting the Gantz property (land- fill) off Highway #20,presented and read. Councilman Lundb mov- ed that the petition ,he received and filed and referred to the, City March 6, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on the petition of Manternach Devèlopment Com- pany requesting reclassification of a portion of their proper,ty in Ter- race Heights Mobile Home Park in the City of Dubuque, Iowa, from Multiple ResidencePistrict" to Local Business "B" Pistrict class, ificaUon. The Manternach Development Company had successfuIly petition- cd for C3tablishment 'of a Local Business "B" District on their property last year. In responding to that original petition, the Plan- ning and Zoning Commission had determined"that their property fronting on Peru ,Road was an ap- propriate location for a neighbor. hood business ,center serving the growing residential population in Ihe StonehillArea. The present petition asks expansion of the Local Business "B" District to in- clude the existing community cen- ter building within the Mobile Home Park, so that limited com- mercial operation may commence in that structure pending later de- velopment of the larger commer- cial area on Per" Road. The Commission has determined that the proposal to delay develop- ment of the pertt Road frontage is reasonable and that there Is a com- munity objective in withholding development of that property until finai plans for roadway re-develop- ment and drainage ditch improve- ment have been completed. Thc Planning and Zoning Commission has unanimously recommended that the petition to expand the Local Business "B" District on the 1.89 acre p.arcel containing the ex- II , -------- Special Session, March 10, 1975 Special Session, March 10, 1975 104 105 of real estate by the City ofDu. buque to R. Hampton and Com- pany, Inc.; and WB'EREAS, the City Council of the City of Dubuque has from time to time ,granted R. Hampton and Company, Inc., at their request, exteusions of time to dates cer- tain in which to commence con- struction of the improvements up- on the said parcel of real estate; and' WHEREAS, R. Hampton and Compauy, Inc. has been m\åble to secure the required commitment for fiuancing the construction of the improvements upon the said parcel of real estate; and WHEREAS, it is deemed to be in the best 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 in which to commence and com- pie!e construction of the required improvements; now therefore BE IT RESOLVED BY THE COUNCIL OF THE OlTY OF DU- BUQUE, IOWA: SECTI0N 1. That the time in which R. Hampton and Company, Inc. is to commence construction of the required improvements up- on Block 14 in Dubuque Downtown Plaza be and the same is hereby extended to June 9, 1975, and the time in which the said improve- ments are to he completed shall be eighteen months from said date. SECTION 2. That all other terms, conditions and provisions of the Contract for Sale of Land for Private Redevelopment dated Sep- tember 4, 1973, shall remain in full force and effect. Passed,adopted and approved this 10th day of March, 1975. Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen. Manager. Seconded hy Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Petition of Janlin Plastic Co. by Robert Bertsch, Attorney, request. ing the removal of certain condi- tions in resolution and deed rela- tive to their property known as Lot 2 of Block 8 iu River Front Sub. No.3 as to number of per- sons employed and warehousing purposes, presented and read. Councilman Thoms moved that the petition be referred to the Mayor's Industrial Committee and City Sol- icitor for consideration and report. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. A resoiution authorizing an ex- tension of time in which R. Hamp- ton and Company Inc. is to com- mence construction on certain land in the Downtown Urban Renewal Project, Iowa R-15 was presented for consideration. Councilman Brady moved that the extension be denied and the City Solicitor take steps to reclaim the land. Seconded by 'Mayor Just- mann. Vote on the motion was as follows: Yeas - Mayor Justmann, Coun- man Brady. Nays - Councilmen Lundh, Stackis, Thoms. MOl'ION FAILED. RESOI.UTION NO. 55.75 AUTHORIZING AN EXTENSlON OF TIME IN WHlliCH R. HAMP- TON AND COMPANY, INC. 18 TO' COMMENCE OONSTRUCTION ON CERTAIN LAND IN THE DOWN- TOWN URBAN RENEWAL PRO'J- ECT, IOWA R-15 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 within six months from November ll, 1973, the date of delivery of the deed to said parcel March 6, 1975 Honórable Mayor and Members of the City Council Ordinance Number 66-70, re- quires that the City Manager an- nually prepare a delinquent ,list of Garbage and Refuse Collection ac- counts and prepare a resolution assessing the delinquent charges to the properties involved. Said resolution is submitted herewith. Sub. (2063 & 20ß.5 Keyway Drive) $84,00 Lot 7 & Lot 2 of Lot 6, Blk '14A, Key Knolls Sub. (2093 & 2095 Keyway Drive) $84.00 Passed, adopted and approved this 10 day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen GilbertD. Chavenelle City Manager Councilman Thoms moved that the communication be received and filed. Seconded by Coun'cilman Stackis. Carried by the folloWing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays-None. RESOI.UTION NO. 56.75 AUTHORIZING THE CITY MAN- AGER TO ASSESS GARBAGE AND REFUSE COLLECTION CHARGES PURSUANT TO SEC- l'ION 5 OF O'RDINANCE NO. 66- 70 , WHEREAS,City Garbage and Ref- use Collection from residential premises shall be mandatory, and WHEREAS, The City Manager shall annually prepare a delin- quent list of persons failing to pay the monthly charge as re- quired. NOW THEREFORE BE IT RE- SOLVED BY THE CITY CO'UN- CIL O'F THE ClTYOF DUBU- QUE, IOWA, That the following del\nquentGar- bage and Refuse collection charges be assessed against the following properties and In the amount so listed. Lot 2 of 2& Lot I-Blk 14A Key Knolls Sub. (2003 & 2005 Keyway Drive) $84.00 Lo.t2of3 & Lot 1 of Lot 2 Blk 14A Key Knolls Sub. (2013 & 2015 Keyway Drive) $84.00 Lot 2 of Lot 4 & Lot 1 of Lot 3 Blk 14A, Key Knolls Snb. (2023 & 2025 Keyway Drive) $84.00 Lot 1 of Lot 5 & Lot 1 of Lot 4, Blk 14A, KCey Knolls Sub. (2053 & 2055 Keyway Drive) $84.00 Lot 1 of Lot 6 & Lot 2 of Lot 5, Blk 14A, Key Knolls Attest: Leo F. Frommeit City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. February 28, 1975 Honorable Mayor and City Council The Iowa Crime Commission has made available to us funds to fi- nance the Police School Liaison Officer for a second year. In order for us to be eligible for these funds, we must sign an application for grant and also sign a matching resolution. The grant provides for $12,764.43 to be furn- ished by the Iowa Crime Commis- sion and $3,444.37 to be furnished by the City of Dubuque in match- ing funds. The City of Dubuque's matching funds wiU be a percent- age of the Youth Commander's salary. We would therefore request that you adopt the matching resolution which states that the City of Du- buque will provide $3,444.37 in matching funds. We would also re- quest that you would authorize the Mayor to sign the application and related certifications for the grant. Attest: Leo F. Frommelt City Clerk Councilman Lundh moved a three month extension and the resolution adopted. Seconded by Councilman Stackis. Carried by the following vote: Yeas -Councilmen Lundh, Stackis, Thoms. Nays -Mayor Justmann, Coun- cilman Brady. Francia A. Murray Assistant City Manager Councilman Stackis moved that the communication he received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, S:ackis, Thoms. Nays - None. 106 Special Session, March 10, 1975 MATCHING RESOI.UTlON NO. 57-75 Whereas the City of Dubuque, Iowa, by resolution duly passed heretofore, has resolved' that it will provide during, the' calendar year of 1975-7!1 cash fUnds for the Iollowing Iowa Crime Commission projects: Brief Description of Project: Police/School Liaison Officer Pro- gram. Amount of Funds Being Provided $3,444.37 Passed this 10th day of March, 1975. C. Robert Justmann Alvin E. Lundh Emil Stackis James E. BradY Allan T. Thoms Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- I tion of the resolution. Seconded by , Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Thoms. Nays - None. RESOI.UTION NO. 58.75 w~EAS, the City of Dubuque, Iowa has heretofore operated and maintained jail facilities in the City Hall in the City of Dubuque, Iowa requiring the services of "Police Matrons"; and WHEREAS, the City of Dubuque, Iowa no longer operates a jail facility in the City Hall but that any and all jail facilities are located and operated in the new County-City Law Enforcement Cen- ter which has beenerecled and constructed for such purpose; and WHEREAS, there is no longer any need for the employment of Police Matrons by the City of Du- buque. Iowa, and the public inter- ests requires that the office of Police Matron in and for the City of Dubuque, Iowa be and the same is hereby abolished and any and all employees within such category and/or classification should be re- moved therefrom; and WHEREAS, the abolishment of the office of "Police Matron" and the removal of such employees from such classification is done in good faith and in the service of the public interest; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF 'DIiE Cl:TY OF DUBUQUE, row A: Section 1. That by virtue and pursuant to and in accordance with Section 365.28 of the 1973 Code of Iowa, that the office of Police Matron in and for ,the City of'Du- buque, Iowa he and the same is hereby abolished and ,any and all employees in said classification or grade, be and the same are hereby removed therefrom. Section 2. That the abolishment of said office and removal of em- ployees therefrom by the City of Dubuque, Iowa is done in the serv- ice of the public interest and in good faith and in accordance with and pursuant to Seltion 365.28 of the 1973 Code of Iowa. Section 3. That the City Clerk be and he is herehy directed and ordered to transmit forthwith a certified copy of this Resolution to the Civil Service Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 10th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Mayor Justmanu. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOI.UTION NO. 59.75 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 Counc!l of the City of Dubuque, Iowa, that the following applications be grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. Richard B. Winsor, Bunker Hill Municipal Go,lf Course, Bunker Hill Road Special Session, March 10, 1975 - Passed, adopted and approved tbis 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded ,by Councilman 'Stackis. Carried by the followil1g vote: Yeas ~ Mayor Jnstmann, Conn- cilmen Lundh, Stackis, Thoms. N:ays-£ouncilman Brady. RESOI.UTION NO. 60.75 WHEREAS, applications for Beer Permits were filed by the ",ithin named applicants and they have received the approval of this Council; and WHEI\1!;AS, the premises to ,he occupied by such applicants were inspected and found tD comply with the Ordinances of this City and they have filed proper ,bonds; NOW THEREFORE BE IT iltE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager 'he authorized to cause to be issued to the folIow. ing named applicants a Beer Per. mit. CI.ASS "B" BEER PERMIT Richard B. Winsor, Bunker Hill Municipal Golf Course, Bunker Hill Road <Passed,adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman, Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the folIowing vote: Yeas - Mayor Justmann, Coun. cilmen Lundh, Stackis, Thoms. Nays--Councilman Brady. RESOI.UTION NO. 61-75 BE IT RESOLVED by the City Council of the, City of Dubuque, Iowa, that the folIowing 'having complied with the provisions of law relating to the sale of Ciga- reHes within the City of Dubuque, Iowa, be granted a permit to selI Cigarettes and Cigarette Papers within said City. Ted Bartmann and David HOffman, Amusement Center, 1700 Cen- tral Avenue Passed, adopted and approved this 10th day of March 1975. C. Robert JUstmann Mayor Alvin E. Lundh Emil Stacki. Jame. E. Brady Allan T. Thoms CouncIlmen kUest: Leo F. Frommelt City Clerk COuncilman Thoms movedadop. tion of the resolution. Seconded by Councilman Stackis. Carried ,by the following vote: Yeas - Mayor Justmann,Coun- cilmen Brady, Lundh, Stackis, Thoms: Nays-None. RESOLUTION NO. 62-75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have heen examined; NOWT:HEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and ,permit. issued upon the compliance with the terms of the Ordinance. of the City. CI.ASS "c" BEER PERMIT William J"hn White, Hillcrest I.G.A. F"odliner, 1993 As'bury Road WilWo-lnc., Oky Doky #10, 805 West 5th Street Passed, adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Tho/n$ Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion o.f the resolution. Seconded by Councilman Stackis. Carried ,by the following vote: Yeas-Mayor Justmann,Council- men Brady, Lundh, Stackis, Thoms. NaYS---Mone. 107 - --- --'~ 108 Special Session, March 10, 1975 RESOI.UTION "NO. 63.75 WHEJREAS; applicationS for Beer Permits were filed by the within named applicants and they há\fe received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were Inspected and fo\lnd to' comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE, SOLVED by "the City Council of the City of [)ubuque, 10wa, that the Manager' beJauthorized to cause to""be:"issued to the follow- ing named applicants a Beer Per- mil. 7, "CI.ASS "C" BEER PERMIT WiUiam.J¡'hn W\1ite, ' , UUicrest , lP,A.' Foodliner;"1993 Asb\lry Road ' " ." Wm.Co,Inc., Ok;y 'Doký" #1(1, ßo5 West 5th Strèet" , Passed, adopted and" approved tWs 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh EmilStackis James E. Brady Allan T. Thoms , Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved:ado]J-, tion of the resolution,Seconded by Councilman Stackls.Carried by the following vote: ' - Yeas-Mayor Justmann, Council' lDen Brady, Lundh, Stackis, Thoms. Nays-None. RESOI.UTION NO. 64.75 WUEREAS, applications for Liq- uor Licenses have been submitted to this Council for, approval and the 'same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the city of D\lbuqtte, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. . (CI.ASS "C" COMMERCIAI.) BEER AND I.IQUOR I.ICENSE Carl N. Brant, A & B Tavern, 2600 Central Avenue Delores B. Elliott, Corner Tap, 2093 Washington Street Passed, adopted and approved this 10th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan'T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk C6unciin¡an:Thoms moved adop- tionof the resoluûon: Seconded by councilman Stack;iS. Carried by the following" vote: " , YeaS-Mayor Justmann,Council- men Brady; Lundh,Stackis, Thoms. Nays"-'None. " RESOI.UTION NO. 65.75 WUEt!.EAš, applications for Liq- nor :LicenRes" were filed by' the within named applicants and 'they have received the approval of this' Coùncil,. 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 Is- sued to the following named ap- plicants it Liquor LicenSe. CI.ASS "C" (COMMERC'IAL) 'BEER AND I.IQUOR I.ICENSE Carl N. Brant, A & B Tavern, 2600 CentraÌ Avenue Delores B. Elliott, Comer Tap, 2093 Washington Street Passed, adopted and approved this 10th day of Match 1975. C. Robert Justmann Mayor " AlvinE. Lundh Emil StacIds James E. Brady Allan. T. Thoms Coüncilmen" " Attest: LeoF.,Frommèlt City Clerk Councilman Thoms moved ådop. tionot the resolution. 'Seconded by' Councilman Stackis. Carried by the following vote: Yeis-,Mayor Justmann, Council- men Bràdy; LuJldh, Stàckis, Thoms. NayS-Nolie. Special Session, March 10, 1975 There :be.ing no fUriher business, Mayor .Just_n moved tj) adjourn the'meeting to March 24, 1975, at 7,30 o'clock P.M. in the .couneil Chambers. Seconded ,by Council- man Brady. Carried by the fallow. illg vote,: Yeas - Mayor .Justmann, Coon, cilmen Brady, Lundh, Stackis, '11homs. Nays-None. Leo F. Frommelt .city Clerk Attest: J09 Special Session, March 17, 1975 CITY COUNCIL ble Grant from the Government. Elza Adams stated busses stay on present schedule with the addition OFFICIAl. of possibly Sunday mornings. Tom Special Session M h 17 1975 O'Rourk.e .s!,ggested the jitney sys- , arc, . tem be mIllated c~:ncll met at 7:30 P.M. (C.D.T.) Councilman Thoms moved that P sent - Mayor Justmann, the proC}f C}f publication be re- Councilmen Brady, I.undh, Stackls, ceived and filed. Seconded by Thoms. City Manager Gilbert D. Councilman Stackis. Carried by Chavenelle. the following vote: Mayor Justmann read the call Yea!l--'Mayor Justmann, Couneil- and stated that service tbereof men Brady, Lundh, Stackis, Thoms. had been duly made and this Nays-None meeting is called for the purpose Communication of Dubuque ~EA~~::~~T¿~:SID~R Á~~~f Transit Trustee:B,oard advising of ECT FOR I'INANCIAI. ASSIST. adopt!on of a polIcy of evaluating ANCE FROM THE URBAN MASS and Implementing all reasonable TRANSPORTATION ADMINISTRA. proposals so that Keyline may TION FOR THE PURCHASE OF serv~ !Jubnque people; so. as to BuSSES AND EQUIPMENT and maxImIze, tlte total 'be,!e!lIs. of . " transportation while' nllmmlzing actIng upon such other ,busIness the total cost, presented and read. as may proI?erlY comebeiore a Collncilman Thoms moved that regular meetIng of the Council. the communication be received . Mayor Justmann. read ~nd and'filè'd. Seci>ndell by Maýör Just- ~Igned a proclamatIon, proclaIm- mann Carried by the following mg the, week o~, March ~6th thru vote:' 23rd, 1975, ~s Internallonal De- YeaiJ.C.'iMayorJustniann, Coullcil. Malay Week. men Brady, Lundh, Stackis, Thoms. Mayor Justmann presented Ar- NaY!l--'None. turo Delmoni, recipient of the ' John Deere and Duhuque Arts RESOLUTION NO. 66-75 Council Award as violinist In resi- Resolution Authorizing the City dence. of, Dubuq...., Iowa to Finance ProC}f of Publication certified Their Share of the, Mass Trans- to by .the publisher, ot" Notice of portalion Capital Improvement Public Hearing to consider a proj- Grant From Transit System ect for financial assistance SOUght Funds. from the Urban Mass Transporta- ' WHEREA:S; the Secr,,\ary of tion administration, presented and TransportatIOn is authorl~ed to read. Councilman Lundh moved to lI;'ake gr!,nts for mass transporta- suspend the rules to let anyC}ne lion projects; and present address the Council if they WHEREAS, the City of Du- 80 desire. Second by Councilman buque, Iowa has 'heretofore adopt- Stackis. Carried by the following ed Resolution No. 284-74 author- vote: izing the filing of an application Yeas-Mayor Justmann, Council. with the Department of Transpor- men Brady, Lundh, Stackis, Thoms. tation, United States of America, Nays-None. for a grant under the Urban Mass George Deininger, Chairman of Transportation Act of 1964, as Transit Trustee Board, Chester amended; and Solomon and Doris Riekena, mem- WHEREAS, the contract for fi. bers of the Board, addressed the nancial assistance will impose cer- Council requesting replacing of tain nbllgations upon the appli- busses; 'J:1 are now obsolete. They cant, including the provision by it would like to start with 3 mini- of the local share of projects busses with a maximum of '5 mini- costs; and busses (carrying 25 passengers). WHEREAS, a public hearing Harold Langman, present bus was held on the 17th day of driver for 25 years, addressed the March, 1975 at 7:3(¡ o'clock p.m., Council opposing, mini-busses. Central Daylight TIme, in the City Charles Long, President of Bus Conncil Chambers, City Hall, City Drivers Union, requested a possi- of DWbuque, Iowa. 110 Special Session, March 17, 1975 111 NOW, THEREFORE, BE IT RE- SOLVED ,by the City Council of the City of Dubuque, Iowa: Section 1. That the Chairman of the Dubuque Transit Authority executed and filed an application on behalf of the City of Dubuque with the U. S. Department of Transportation to aid in financing of a grant under ,the Urban Mass Transportation Act of 1964. Section 2. That the Chairman of the Dubuque Transit Authority has exeéuted and filed with such application necessary documents as required by the U. S. Depart. ment of Transportation effectuat- ing the purposes of Title VI of the Civil Rights Act of 1964. ,~ Section 3. That a public hearing was ,held on the ~ 17th' day of March, 1975 at 7:30 o'clock p.m., Central Daylight Time, in the City Council Chambers, City Hall, City of Dubuque, Iowa and that any and all written objections thereto and any and all oral protests and ob- jections thereto be and the same are hereby overruled. Section 4. That the financing of the local share of the total cost of the capital improvements grant, Project Number 1.03-0017 by the City of Dubuque be and the same is hereby approved, authorized and directed. Passed, approved and adopted this 17th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman, Thoms moved adop- tion of the resolution. Seconded by Councilman Staclds. Carriè'd ,by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. COUNCIl. RECESSED AT 9:05 P.M. RECONVENED AT 9:15 P.M. Communication of Ruth Baum- . gartner objecting to the raise in Cable TV rates, presented and read. .councilman Stackis moved that the communication he re- ferred to the City Manager. Sec- onded ,by Councilman Thoms. Car- ried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-None. Absent-Councilman Brady. Communication of Dubuque Air. port Commission submitting min. utes of their meeting of March 6, 1975, presented and read. Council- man Stackis moved that the min- utes be received and filed. Second- ed by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays-None. Absent-Councilman Brady. Communication of Councilman Lundh requesting consideration for a combined park & recreation system; ALSO' Mayor Justmann call- ing for a "vote for the record" to determine Council sentiment on a propoSed merger of Park Board & Recreation Department, presented and read. Councilman Stackis moved to refer the Communica- tion to Park Board, Recreation Commission and Advisory Commis. sian to study feasibility of com- bining the departments. Seconded by Mayor Justmann. Carried ,by the following vote: Yeas-IMayor Justmann, Council. men Brady, Lundh, Stackis, Thoms. Nays-None. Proof of Publication, certified to by the Publisher, of List of Claims; also list of receipts & expendi- turea for January, 1975, presented and read. Councilman Thoms moved the proof 'of publication ,he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Communication of Department of the Army Corps of Engineers, submitting a public nC}tice of chan- nel maintenance dredging upper Mississippi River from Guttenberg, la., to Saverton, Mo., presented and read. Councilman Thoms moved that the communication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackia, Thoms. NaY8-None. 112 Special Session, March 17, 1005 Communication of TIlinois De. partmenJ¡ of Transportafion sub. milling a" ,series of discussion of proposed"inputs between their of. fice and Division of Air Pollution Controil"f the Illinois Environmen- 1:1>1 Protection Agency, presented and read. Mayor Justmann moved that the c"mmumcation 'be re' ceived and filed. Seconded by Councilman Lundh. Carried by the foUowing vote: Yeas;-May<>r JustmlUl1ß, Council- men Brady, Lundh, Stackls, Thoms. Nays-None. Communication of Playgratmd & Recreation Commission submitting their 1974 Annual Report, present- ed and, read. Mayor Justmann moved thllt the report be received and ,filed, Sec"nded ,by Councilman Lundb. Carried by the following vote: ' Yeas-'Msyor Justmann, C"uncil. men Brady" Lundh, Stackis, Thoms. Nays-None. Communication of Scott Lux of University of Dubuque, encourag- ing the stockpiling "f snow by the City bef"re the thaw, in the hope of, diminishing the strength of floods, presented and read. Mayor Justmann moved that the commu. nicationbe referred to the Coun- cn. Seconded ,by Councilman Lundb. Carried by the following vote: Yeas-Mayor Justmanll, Council- ¡nen Brady; Lundh, Stac1ds, Thoms. Nays-None. Communication of Mrs. Leo Schnstersuggesting enforcement of the litter laws; slap a fine on loose dogs; reference to destruc- tion of ,Elks Building; Franklin School be used for apartments for the elderly; delighted in the' re- juvenation of Cleveland & Madi- son Parks, ,presented andtead. Mayor Justmann m<>ved that the C<>l1lffiunication be received and filed. Seconded by Councilman Lundl>. Carried by ,the following vote: ' Yea~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. C<>mmunicatill>n of Youth Ser- vices, 'Board of Directors submit" ting minutes <>f their meeting of February Z5, 1975, presented and read. Mayor Justmann moved that the minntes be received and filed. Seconded by Councilman Lundh. Carried 'by tile foilowing vote: Yeas_ayor Jastmaan, Counci1- men Brady, Lundh, Stackis,'l'homs. Nays-None. Mareh 14, 1975 HII>norable May<>r and Menlbers of the City Council I hereby submit the City of',D... baque, Iowa Water Department Audit Report ending December 31, 1974. Gilbert D. Chavene!le City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by, the following vote: Yeas-Mayor Just11'ann, Council- men Brady, Lundh,.sIac¡qs, Thoms. Nays-None. ' Counc!hnan 'l!rady ,moved that the verbal report of th& City Man- ager with reference to Laras Col- lege Fireworks request be receiv~d and referericeto request fireworks policy be' applicable to this request and all othér requests that follow. Seconded by CoUncilman Stacki.. Carried by the foll<>wing vote: Yeas -' Councilmen Brady, Lundh, Nays oilman , 'r Justmann, Coun. ,ms. ' Mareh14, 1975 Honorable ¥ayor and 'pity Council At yol\r¡neel;ing on February 10, yo\> referred to the Planning and Zoning Commission and the City Manager the petition of the Fischer Companies for the vaca- tion of a section of Tower Street to determine whether or not the street had' been vacated and, if not, to arrange pròper proceedings for the vacation. Subsequent to this petition a section of alley at the location was also found not to bE> vacated."Thè petitioners were informed an,d' througlt their letter' of March 4th" tliey request both the vacation' '<if Tower Street and alley. l' am enclosing a: ,eopyof a let. tor from Mr. White which indi- cates that the street and alley have not ;been preViously vacated. I recommend that the street and a1ley aot be vaate,d until the effects of the use of the land on the surrounding area can be de- termined. Furtber, I wou'ld"Saggest that tbe petitioner make IIn offer for Special Session, March 17, 1975 113 the payment of the land if the street and alley are vacated. Gilbert D. Chavenelle City Manager Claude March, on behalf of Fischer Companies, addressed the Coun,cil in reference f:¡) the com- munication of the 'City Manager. Mayor Justmann moved that the communication be referred to the City Manager, Dock Commission and Council. Seconded by Council. man Thoms. Carried by the follow- ing vote: ¥eaa"-"Mayor Justmann, Council- men Brady, Lundb, Stackis, Thoms. Nays-None. Notice of Claim of Lucille A. Suess, in an nndetermined amount, for personal iajurles received in a fall on an ice covered sidewalk at Laras & Alta Vista Sts. on Feb- ruary 28, 1975, ,presented and read. I Councilman Lundh moved that the notice of claim be referred to the City Solicitor for proper proceed- ings. Seconded 'by Mayor Just- mann. Carried by the following vote: Yeas"-"May<>r Justmaan, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Claim of Mary M. Spielman, in an undetermined amount, for personal injurles in- curred as the result of a fall on an ice covered sidewalk at 131 N. Grandview Ave. on March 5, 1975, presented and read. Councilman Lundh moved that the notice of claim be referred to the City So- licitor for proper proceedings. Sec- ondedby Mayor Justmann. Car- ried by the fallowing vote: Y.as-Mayor Justmann, Council. men Brady, Lundb, Stackis, Thoms. Nays-Nolle. Notice of Claim for labor and material, in the amount of $51,756.i!8,by Giese Sheet Metal Co. furnished on the Waste Water Treatment Plant to Goerdt Cou- struction Company, presented and read. Councilman Lundh moved that the notice of claim be re- ferred to the City Solicitor for proper proceedings. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen ,Brady, Lundh, Stackis, Thoms. Nays-None. Notice of Snit of George R. Ditt- mar vs. William Fessler, Michael Sand, Harold Br<>wn, James Dra- peanand the City of Dnbuque, in the amount of $75,000, as the re- sult of 'b<>dily injuries Incurred during the process of arrcst on March 9, 1975, presented and read. Councilman Lundb moved that the notice of suit be referred to the City Solicitor for proper pro. ceedings. Seconded by Mayor Just. mann. Carried by the following vote: Yeas - Mayor Jl1stmaan, Coun" cilmen Brady, Lundh, Stackis, Thoms. Nays-N<>ne. M<>tion by Mayor Justmann re. questing to issue warrants for the arrest of parking violators who have 8 or more unpaid parking tickets outstanding was With- drawn. Petition of Cheri Roth et al (42 letters), teenagers from Holy Trin- Ity School, requesting a girl's cen- ter such as G.A.I.N., presented and read. Councilman Thoms moved that the petition 'be referred to the Department of Community De- velopment. Seconded by Councij. man Stackis. Carried by the fol- iowiug vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Dubuque Area Legal Services Agency to discuss a prc¡.. posal for Løgal Services, present- ed and read. James Reynolds ad. dressed the Council stating the Agency is down to 90 day funding and requesting financial assist. ance be given them by the City. May"r Justmann moved that the petition 'be referred to the City Manager and Council. Seconded by Couaeilman Staekis. Carrjedby the following vole: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Dubuque Lumber Co. requesting transfer of title to a portioa of Front Street abutting Lots 18, 19 and 20 not needed for fJoodwall, tohuiJd a warehouse, presented and read. Councilman Stackis moved that the pet!fion be referred to the City Manager, En. gineerin!! Department and Dock Commission. Seconded by Counci1- 114 Special Session, March 17, 1975 man Thoms. Carried by the fol- lowing vote: Yeas~Mayor Justmanu, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Petition of John J. Stecher re- questing natural gas service to a home at 1676 Marmora Street,pre- sented and read. Councilman Stackis moved that the petition be received and filed. Seconded by Councilman Thoms. Carried ,by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-'None. Petition of Mrs. Adele Fens re- questing a refund of $25, on the unexpired portion of Cigarette Li- cense No. 453, as she discontinued business on March 6, 1975, pre- sented and read. Councilman Thoms moved that the refund be approved and the City Auditor di- rected to .issue proper warrant. Seconded 'by Councilman Lundb. Carried by the following vote: YeM-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. March 12, 1975 IÍonora'ble 'Mayor and City Council You will recall that on the 3-1st day of October, 1974, Sheriff's Jury made return in the Eminent Domain Proceedings instituted by the City of Dubuqne against Gantz Enterprises, copy of whicb petition is hereto attached. Thereafter, Gantz Enterprises, a partnership composed of John Gantz, John J. Gantz, Jr., James P. Gantz, Charles J. Gantz, and Mary Spensley, filed appeal in the District Court of Dubuque County, Iowa, which has been pending since the 27th day of November, 1974. That on the 12th day of March, 1975, Gaotz Enterprises and each of the partners thereto filed Dis- missal of Appeal with Prejudice at their costs and the costs have been paid. This finally completes the ac- quisition of the landfill area. R. N. Russo City Attorney Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOI.UTION N:O. 67-75 WHEREAS, Gantz Enterprises, a partnership composed-of John J. Gantz, John J. Gantz, Jr., James P. Gantz, Charles J. Gantz and Mary Spensley, have executed a Warranty Deed conveying to the City of Dubuque, Iowa, the follow- ing described real estate: The North East '14 of the South East '/4 of Section 1 Township 88 North, Range 1 East of the 5th P.M., in Vernon Township, Dubuque County, Iowa, accord- ing to Government Survey, containing forty (40) acres, said Deed being dated the 12th day of March, 1975; and WHEREAS, the City of Dubuque has paid the sum of $30,000.00 therefor; and WHEREAS, said real estate is acquired for landfill purposes. NOW THEREFORE BE ITRE- SOLVED 'by the City Council, City of Dubuque, Iowa: Section 1: That the delivery of Warranty Deed dated March 12, 1975 by John J. Gantz, John J. Gantz, Jr., James P. Gantz, Charles J. Gantz and Mary Spensley, as a partnership under the name of Gantz Enterprises 'be and the same is hereby accepted. Section 2: The City Clerk be and he is hereby directed and au- thorized to cause said Warranty Deed to be filed of record in the office of the >Recorder in and for Dubuque County, Iowa. Section 3: That the City Clerk be and he is ,hereby directed to transmit a certified copy of this Resolution to the Dubuque Coun- ty Assessor and to the City As- sessor. Passed, adopted and approved this 17th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundb Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop. tion of the resolution. Seconded I Special Session, March 17, 1975 115 by Councilman Thoms. Carried by the following vote: Yeas~Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. March 13, 1975 Honora'ble Mayor and City Council This is to advise that Mr. Jo- seph Zwack, my assistant City At- torney, has resigned effective March 15, 1975 hy reason of the demands of his private practice. I recommend to your Honorable Body that Barry A. Lindahl, at- torney at law, be appointed as As- sistant City Attorney, commencing Angust 1, 1975. Mr. Lindahl is ,presently an in- structor of law at the University of Iowa and has established an en- viable record for himself. A'res- ume is attached hereto. I herewith respectfully ask your Honorable Body to appoint ,Barry A. Lindahl assistant City Attor- ney commencing August ,1, 1975 and appropriate Resolution is hereto attached. R. N. Russo City Attorney Councilman Lundh moved that the communication be received and filed and recommendation be approved. Seconded by Council. man Thoms. Carried by the fol- lowing vote: Yeas'C""Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOI.UTION NO. 68-75 WHEREAS, Joseph P. Zwack has heretofore been appointed As- sistant City Attorney; and 'WHEREAS, the said Joseph P. Zwack has tendered his resigna- tion effective the 15th day of March, 1975, ,by reason of the press of his private business af- fairs; and WHEREAS, Barry A. Lindahl has applied for the position of Assistant City Attorney through the City Attorney. NOW THEREFORE BE IT RiE- SOLVED by the City Council, City of Dubuque, 10wa: Section 1: That the resignation of Joseph P. Zwack as Assistant City Attorney be and the same is hereby a, C, cepted e ffectiv,,' e the 15th I' day of March, 1975. Section 2: That Barry A. Lin- dahl, Attorney-at-Law, be and he is herehy appointed Assistant City Attorney, for the City of Dubuque, Iowa, commencing the first day of August, 1975, at an annual salary of $7,368.00. Passed, ,approved and adopted this 17th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo' F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Thoms. Carried 'by the following vote: YeaB--'Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. RESOI.UTION NO. 69-75 WHEREAS, applications, for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CI.ASS "B" BEER PERMIT Lawrence E. and Ethel M. Schwartz, 500 Rhomberg Avenue CI.ASS "c" BEER PERMIT Earl Edmund Schumacher, Oky Doky Food #5, 2204 Central Avenue Passed, adopted and approved this 17th day of March 1975. C. Robert Justmann Mayor AlvinE. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Secouded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-jl/one, 116 Special Sagsion, March 17, 1975 RESOLUTION NO. 70.75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of thiS Coun.u; and WHER];:AS, the premiseS to be occllpled by such applicants were inspected and found to comply with the Ordinances of this City and they bave flied proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Ðwbuque, Iowa, that the Manager be authorized ,to cause to 'be issued to tM following named applicants a Beer Permit. CLASS "B" BEER PERMit Lawrence E. & Ethel M. Schwar!2, 500 Rhomberg Avenwe CLASS "C"BEER PERMIT Earl Edmund Schllmacher, Oky ÙOky Foods #5, 2204 Central Avenue Passed, adopted and approved this 17th day 'of March 1975. C. Robert JlIstmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leu F. Frommelt City Clerk Councilman Thoms moved adop- tion of tlte l'e1!olution. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann" Council- meR Brady, Lundh, Stack!., Thoms. N"ys-None. RESOI.UTION NO. 71'75 WHIIJREM, IIppliMtions for Liquor LIcenses have bee ¡ sub. rnlttetl II! this OOnncil for approval and the samehllv,e been examined, NOW 'WERiEFORE BE IT RE- SOLVED by the 'City Council of the Oily Gf Dlibuque, Iowa, that the foUowing appliCations be ap- proved :0.- licen¡¡es issued upon the compliance with the provisions of Chapter 131, Acts of The First Regular Session, 64th General As- semJJly. Cl.ASS "C" (COMMERCIAL) BEER AND 'I.IQUOR LICENSE Fraternal Ordêr of Eagl<Js '#568, 1175 centæry Drive Katililee1\ L. Wedig, Kay's 'TåP, 1399 Jackson Street Alice E~Bchen, Benny's Steak House (Sunday ,seles), 2817 Uni. versity Avenue Passed, adopted and approved this 17th day of March 1975. C. Rohert Justmann Mayor Alvin E. Lundh Emil Stackls James E. Brady Allan T. Thoms Councilmen A.ttest: ,Leo F. Frommelt CIty Clerk Councilman Thoms moved adop. ti"" of the resolution. Seconded by Councllman Stackis. Carried by tile following vote: ' Y<!as - Mayor Juslmann, CQun- cilm<m Brady, Lundh, Stackls, Thoms. Nays - None. RESOLUTION NO. 72-75 WHEREAS, applIcations for Liq- uot Licenses were filed by the within namedapplicarits and they have received the ~pprov'a!' of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to cÖmply with the State Law and all City Ordinances relevant thereto and they have filed prúper bonds, NOW THEREF'ORE BE IT RE. SOLVED by the City Council of Dubuque, l'Öwa, that the Manager be authórizéd to liause to' be is- sued to the f{)lIowing named appli- cants a Liqunr LIcense. CI.ASS "C" (COMMERCIAL) BEER AND LIQUOR. LICENSE Fraternal Order of Eagles #568, 1175 Century Drive Kathleen L. Wedig, Kay's Tap, 1399 Jackson Street Alice Erschen, Benny's Steak House (Sunday Sales), 2817 Uni- versity Avenue Pagsed, adopted and approved this 17th day of March 1'975. C.Robert Jus'tmann MaYor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion 'of the resolution. Seconded hy Special' Session, Councilman Stackis. Cârried by the following vote: Yeas - Mayor Justmann, Coun- cilmen' Brady, Lundh, Stackis, Thoms. Nays - None. There being no further business, Mayor Justmann 'moved to ,ad- journ. Seconded by Councilman Stackis. Carried by the following vote: Yeas - ,Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. ' , ' , " , Nays ,¿ None. , Leo F.Frommelt City Clerk March 17, 1975 117 Approved ns AdjournetÌI Special Session, March 24, 1975 CITY COUNCIL Nays-None. Petition of Mrs. .Jack plowman ohj¡ecting to, the, removall>f busses in the summertime, presented and read. Councilman Thoms moved that the petition be received and filed. Seconclelll ,by Councilman Brady. Carried by the following vote: Yeas -Mayor Justmann, Conn- cUmen Brady, Lundb, Stackis, Thoms. Nays - None. Petition of Mrs. George Rile. ob- jecting to thc removalaf busses in the sltl1>lIIertime, presented and read. Councilman Thoms moved that the petition be received and filed- Seconded by Conncilman Brady. Carried by the following vote: Yeás - Mayor Jus,tmann, Court. cilmlin Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Moura Collins ob- jecting to the removal of busses in the summertime, p"esented and read. Councilman Thoms moved tha.t the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Tltoms. Nays-None. Petition of Duhuque Homebuild- ers & Associates objecting to the proposal to eliminlite tbe addition. al .building inspector, presented and read. CouncUman Thoms mov. ed that the petition be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays-None. Petition of Dubuque County Re- pub Ii can Central Committee recommending that every effort possible be exercised to control city expanding programs to keep the budget within the current mill. age rates, presented and read. Councilman Thoms moved that the petition be received and filed. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas -Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. OFFICIAL Adiourned Special S e SIlo n, March 24, 1975. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Justmann, Coun- cilmen Brady, I.undh, Stackis, Thoms. City Manag" Gilbert D. Channell.,. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is AN ADJOURNE,D MEETING OF THE SPECIAl. MEETING OF MARCH 10, 1975, FOR THE PUR. POSE OF CONSIDERING THE PUBI.IC HEARING ON THE BUDGET ESTIMATE OF EXPEND. ITURES FROM JULY 1, 1975 TO JUNE 30, 1976, and acting upon such other business as may prop- perlyCj>tne before ,a regular meet- ing of the CounCil. Petition of Dale Wa!brunet al (160 signers) being opposed to an increase in property taxes, also the 32% increase fat water, sewage and refuse pick-up, presented and read. Councilman Thoms moved that th¿ petition be received and filed. Seconded .by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Petition of Dubuque Casket Co. et iii, objecting to diverters for tbe Washington Street Neighbor- bood becaUSe the City already is facéd with Ii proposed millage in- crease, presented and read. Coun- cilman Thoms moved that the peti- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, 'thoms. Nliys - None. Pêtltion of Mrs. Mary L. Macker objecting to busses 'being taken off irt the summertime, presented and r Jad. Councilman Thoms moved that the petition be received and filed. Seconded by C(¡nncilman BradY. Carried by the following voM: yeas - Mayor Justmann, Coun- cihri¡'n Brady, Lundh, Stackis, Thoms. Adjomned Special Session, March 24, 1975 Gouneiiman Stackis moved t<J suspend the ""res to let anyone present address the Council if they 'so desire- Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Jústmann, Ooun- cilmen Brady, Lundh, Stack!s, Thoms. Nays - None. John Waltz addressed the Coun- cil al1d snbmitted a petition re- questing funds for diverters and traffic lights in the Washingwn Street Area. Councilman 'Tltoms moved that the petition be re- oeived and flied. Seconded by Councilman Brady. Carried by the following vote: Yeas - Maym- Justmann, Coun- ciilmen ,Brady, Lundh, Stackis, Thoms. Nays - Non~. Vernon Behnke ..ddr...ed 'the Council recommending $llJO,{)OO. should be n""d to payoff 'the Ur- ban Renewal debt. Ruse Marie Montgomery submitted a petition with 1703 signatures requesting funds to establish a girls' recrea. tion center (GAiN). Councilman Brady mov'ed that the petition be received and filed and referred to the Co m muJtity Development group. Seconded lIy Councilman Thoms. C3It'l'jed by the following vote: Yeas - May.or ,J"ustmann, Coun- cilm"" Brady, Lundh, Stackis, Thoms. Nay. - None. ComnmniCatlon ,,¡ Chamber of Commer>ce was submitted by Har- vey Schmitt, Vice-President, repre- sen-ting the chamber's budget rec- "mmendati"ns, Ooun"ilman ThQms moved that the commnnicati"n be received and filed. Seconded by Co,uncilmM Brady. Carried by the following vole: Yeas - Mayur Justmann, Coun- cilmen ' Brady, LIIndh, Staokis, Thoms- Nays - N"n~. Paul Milbrandt uf Dnbuque Casket Co. addressed theCooncil asking Council to consider their suggestiQßß on .divert.",. Communication of State Comp- troller advising that fur certifica- tions filed afœr 'March 17th., it is ap >ropriate to attach statement as to the reason for famng to meet U9 the de.adlme, presenMd ...<1 read. Councilman Thoms rnoveci that the commlluioatioJll be received and filed. Seconded by Counciiman Brady. Carried by the foilowing vote: Ye"s - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Councilman Luntlhmoved to cut the Tax Asking by '$225,000. Sec- onded by Conncilman Stackis. Car- ded by the following vote: Yeas - Mayor Justmann, Cpun- cilmen Brady, Lllndh, 'Stac'k'is, 'Th(¡ms. Nays - None. RESOLUTION NO. 73.75 WHEREAS, the CUy Council of the City of Dubuque, Iowa, caused to be prepared and published as provided by la~, the Budget Ex- Jelrditures for the extended period July 1, 1975 ,to June 30, 1976, and the hearing upon said buqget~,ti- mate was fined for March 10, 1975 .at 7:30 o'clock P.M. .and adjourned to March 24, 1975 at 7:30 o'clock P.M. in the Council Chamber at the City Hail; and WHEREAS, thi> being the time .and place for said hearjl1g said Budget Estimate was taken up for final consideration by the Council and all parties ¡" Jnteresthave been given an opportunity to be heard for or against said Budget Estimate. NOW 1'I'!E:REroRE BE IT RE- SOLVED ByrnE CITY COUNCIL OF 11HE CITY OF DUBUQUE; IOWA: 'rhat the budget estimate "f ex- l'Oouditures for theert1en4ed perll>d July 1, 1975 "w June 30, 1916, lIere- tofore prepared and published be and tlte same is hereby final1y ad- opted "nd "pproved, as amended, and tbeMayor and 'Clerk ,aredi- recl'Cd t" certify the..",e to tile County Audit<Jr of Du1>D~u" Coun- ty, iowa, Iogether with a verified proaf of p"lIlicatio11 and the ""ace of hearing npon said Budget Esti- mate. BE IT FURTHER RESOLVED, that tile ta~es ;required to be 001- lectéd in the extended 1"eri'llll bc Dud the Slltne >Ire hereby levied in the amO1!lßts of said Budget Esti- mate- 120 Adjourned Special Session, March 24, 1975 Adjourned Special Session, March 24, 1975 121 Passed adopted and approved growth..presented and read. Coun- this 24th'day of March 1975. cilman ,Stackis moved, that the C. Robert Justmann communication be received and fil- Mayor 'ed. Seconded by Mayor Justmann. Alvin E.Lundh Carried by the following vote: Emil Stackis Yeas - Mayor Justmann, Coun- James E.Brady ci!men Brady, Lundh, Stackis, Allan T,Thoms Thoms. Councilmen I Nays - None. Attest: March 17 i 1975 Leo, F. Frommelt, I Honorable Mayor, City. Clerk. and City Council Counéllman Stackls moved adop- i.. I hereby submit the reports of Win Of the resolution. Seconded by ; the Finance Director, Treasurer, Co,unci)nian Lundh. Carried by the 'I Health Dep,artment, Water Super- following vote: intendent, and a list of claims , Yeas - Mayor Justmann, Cou,n, , paid, for' the month of February cilmen Brady, Lundh, Stackls, !1975. ' Thoms. I' Gilbert D. Chavenelle Nays - None. , City Manager Communication of Airport Com-: Councilman Stackis moved that missidn submitting the minutes of : the communication be received 'their, ' ,m,e"e",t, ing, Of, March, 13,' '1975,: I a,nd med,' seco, nde, d by Mayor presented and read. Co!,ncilman Justmann. Carried by the follow- stackis moved that the mmutes be ing vote: reeeived aM filed. Seconded by \ Yeas-'Mayor Justmann, Coun- councilm,an,,' Lun.d',h',C"arriedbY the , ci)nien,' Br, ady, Lun~h,Stackis, "folloWing 'vote: ' Thoms. .. Yeas - Mayor Justmann, Cou.n- Nays - None.. cilinen Brady,' ; Lundb, Stackls, "Thoms. ' " , 'Nays - None, Communication of LOw Rent Housing 'Commission 'submitting the minutes of their meeting of March" 18, 1975, preseuted and read. Councilman Stackis moved that the minutes be received and filed. ' Seèònded, by Council"!an Lundh. Carried by the followmg vote: ¡, Yeas ...c. Mayor Justmann, Cou.n"l cilmen Brady, Lundh, Stackls,' Thoms. Nays - None. , - Communication of' Army Corps! of Engineers advising øf a floo'\ coordination seminar, to be held , in Rock ,Island on March 27, 1975, "presented and read. Councilman, Stackis moved that the communI, cation be received' and filed.Sec- onded by Mayor Justmann. Carried by the following vote; Yeas '~ Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms., .. Naya - None. Communication of Dubuque, County Democratic Central Com- mittee ~bmitting a resolution urg- 'ing the,several'municipalities in Dubuque County to adopt a formal annexation policy for their futllre M. P. Kluck & Sons Inc. U.S. Fidel- ity& Guaranty Co. Bond No. 28214-13-62+53, $1,000 to April 8, 1976. J. W. Hansen Construction Co. Midwestern Casualty & 'Surety Co. Bond No. 29413, $1,000 to April 27, 1976. Edward Apel, Midwestern Casualty & Surety Co. Bond No. 29418 $1,000 to April 29, 1976. GENERAL LlABJiLITY POLICIES Higley Meyer Electric Co. & H-M Distributing Co. Policy No. WC 510565 Workmen's Compo and policy No. Ga 7'69528 General Liability to April 15, 1976. Gilbert D. Chavenelle City Manager Councilman Stackis moved that filing be approved subject to the approval of the City Solicitor. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Notice of Claim of Carl D. Eng- ling, in an undetermined amonnt, for car' damages incurred as the result of driving into a hole in the street at 1300 J.F.K. Road on March 19, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Solicitor for proper pro- ceedings, Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - Nøne. March 21, 1975 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on a petition on be- half of Clinton Federal Savings, and Loan Association to reclassify the present Elks' Club property from Multiple Residence District to Business District classification. The property is legally described as City Lot 623 and City Lot 624 in the City of Duhuque, Iowa, and oc, cupythe northwest corner of the intersection of Seventh ánd Locust Streets, You should note by the attáched sketch that most of the property on the Elk's Club block is, now March 17, 1975 Honorable Mayor and City Council 1 hereby submit the City of Du- buque Parking Facilities and Mu- nicipal Sewage Disposal Works and Facilities audit reports for the year ending December 31, 1974. Gilbert D. Chavenelle City' Manager Councilman Stackis moved that the communication be received and filed. ,Seconded, by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays --None. March 20, 1975 Honorable Mayor and Members of the City 'Council 1 have approved the foll()wing sidewalk construction bond eon- tinuation certificates and general Liability policies, and desire to have your approval on same for filing. .. SIDEWALK CONSTRUCTION BONDS CONTINUATION CERTIFICATES .. Heitzman Construction Co. Univer- sal Surety Co. Bond' No; 932726 $1,000 to April 30, 1976. used for commercial purposes, al- though the southerly portion of that block remains in the Multiple Residence classification. Properties on the northerly portion of the block, and all properties eastward on Locust Street are now in the Business District. It is the view of the Planning and Zoning Commis- sion that ,the expansion of the Business District to include the property described above is ap. propriateat this time. The Commission received no oral or written ohjection to the peti- tion. CITY PLkNNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Thoms moved that the communication be received and filed. Seconded -by Councilman Stackis. Carried -by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. AN ORDINANCE amending and changing Ordinance No. 3-34, known as "The Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", so as to change City Lot 623 and City Lot 624 in the City of Dubuque, Iowa, from "Multiple Residence District' Class- ification to "Business District" Classification, presented and read. Councilman Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Conncilman Thoms moved that the rule requiring an Ordinance to be read on three separate' days be waived. Seconded by Council. man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Councilman Thoms moved that a public hearing be held on the Ord- inance on April 21, 1975, at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the -- 122 Adjourned Special Session, March &4, 1975 manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Conn- cilmen Brady, Lundh, Stackis, 'Thoms. Nays - None. Petition of Peggy Veteto of Area Residential Care requesting per. mission to address the Council on the subject of Project PACE, pre. senred and read. Peggy Veteto, representing P ACE,addressed the 'Council ex- plaining the functions of their or. ganization. Mayor Justmann moved that the ,petition of Peggy Veteto be received and filed. Seconded by Councilman Thoms. Carried by the following vote: Yeas - Mayor Justmann, Coun- ciJ.n>en Brady, Lundh, Stackis, Thoms. Nays - None. Petition of Dubuque Sports Un- limited Inc., requesting permission to sell Dubuque Packer Fan Club Cards and buttons in Town Clock Square on April 12th, presented and read. Councilman Lundh mov. ed that the petition be approved subject to the approval of the City Manager. Seconded by Council. man Brady. Carrled by the follow- ing vote: Yeas - Mayor ,Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Petition of Dubuque Beautifica- tiou Committee reqllesting permis- sion to solicit fllnds, material and manpower to meet the goals of "Beautify Dubuque Week" and "Beautify Dubuque Month", pre- sented and read. Harry Neustadt and Bob Day addressed the C<Juncil Iequesting the entire months of April and May be for beautification. Mayor Justmann moved that the petition of the Dubuque Beau- tification Committee be approved subject to the coordination of the City Manager. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. R.eSOLUTION NO. 14-75 BE IT RESOLVED by the City Council of the City of D\\buque, Iowa, that the following haviug .complled with the provisions 01 law relating to the sale of Cigar. .ettes within the City of Dabuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers witlrin said City. Ronald ,J. Fens, Ron's Barrell Tap, 1121 University Avenue Passed, adopted and approved this 24th d1\Y of March 1975. C. Rûbert Justmann Mayor Alvin E. Luudh Emil Ståckis James E.Brady Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop. tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann,Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. RESOI.UTION NO. 75.75 WHEREAS, applications for Beer Permits haveb"'l1 submitted to this COll11Cil 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 foiliowing applications be granted and permits issaed upon the com. piiauce wlth the terms of the Ord- fiances of the City. CI.ASS "B" BEER PERMIT St patri~k's 'J>ari,hCorporation, SUnday Sales, 1425 luwa Street CI.ASS "c" BEER PERMIT Joseph Richard Lenger, Grandview Drng Co., !lB6 North Grandview Albert Heinz, OKY DOKY #7, 3301 Pennsylvania Avenue Pass"d, adopted and approved this24:th day ,of March 1975. C. Robert Justmann Mayor Mvi" E. Lundb Emil Stackis AHan 't. Thmns Councilmen Attest: Leu F. FrOtnn1<>¡t City Clerk Collncil",an Thoms Inuvred adup- ¡¡on of the J'esolutiolt. 'seconded by CoumcilmanStackis. {;lJIried il>y the following vote: Yeas - Mayor Justmann, Coun- cilmen Lu"dh, Stackis, Thoms. Nays - Conncilman Brady. Adjourned Special Session, March 24, 1975 RESOI.UTION NO. 76-75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named applicants a Beer Per- mit. CI.ASS "B" BEER PERMIT St. Patricks Parish Corporation, Sunday Sales, 1425 Iowa Street CI.ASS "c" BEER PERMIT Joseph Richard Lenger, Grandview Drug Co., 486 North Grandview Avenue Albert Heinz, Oky Doky #7, 3301 Pennsylvania Avenue Passed, adopted and approved this 24th day 01 March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Allan T. Thoms Councilmen Attest: Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - 'Mayor Justmann, Coun- cilmen Lundh, Stackis, Thoms. Nays - Councilman Brady. RESOI.UTlON NO. 77-75 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap. proved and licenses issued upon the compliance with the provi. sions of Chapter 131, Acts of the First Regular Session, 64th General Assembly- CI.ASS "c" (COMMERCIAl.) BEER AND I.IQUOR I.ICENSE Mary Kathryn Ford, Stop-N-C Tap, 1027 Rhomberg Avenue 193 Pete S. Sfikas, Karigans Restaurant (Sunday Sales ONLY), 4Œ1 Cen- tral Avenue George D. &; Mary L",u Sorensen, Cardinal Tal', 1105 University Avenue Passed,adopted and approved this 2,4th day of March 1975. C. Robert Justmann Mayo!' AI"in E. "..ndh Emil Staekis James IE. Brady Allan T, Thoms Councilmen Atte.t: LeI) F. Frommelt City Clerk Councilman Thoms moved adop- tion of the res.álutioll. Seconded by Councilman Stackis. Carried by the following vote: V... - Mayor Justmann, Co..n. cilmen Brady, Lundh, Stackis, Thoms. N1\Ys - None. RESOI.UTION NO. 78-75 WHEREAS, applications for Liq- uor Licenses were filed -by the within named applicants and they have received the approval of this Council, and, WHEREAS, the premises to be occupied -by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the C;¡y Conncll of Dubuque, Iowa, that the Manager be authorized to caUse to he is- sued to the following named ap.- plicants a LIquor License. CI.ASS "c" (COMMERCIAl.) BEE.R AND I.IQUOR I.ICENSE Mary Kathryn Ford, Stop-N-C Tap, 1027 Rhomberg Avenue Pete IS. Sfikas, Karigans Restau- rant (Sunday ,Sales ONLY), 401 Central Avenue GeoIge D. & Mary Lou Sorensen, Cardinal Tap, 1105 University Avenue Passed, adopted and approved this 24th day of March 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Ailan T; Thoms Councilmen 124 Adjourned Special Session, March 24, 1975 Attest:' Leo F. Frommelt City Clerk Councilman Thoms moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. There being no further business, Councilman' Lundh moved to ad- journ. Seconded by, Mayor Just- mann. Carried by, the following vote: Yeas-Mayor Justmahn, Council. men Brady, Lundh,'Stâckis, Thoms. Nays-None. ' Leo F. 'Frommelt City, Clerk: Approved .......;...........;...............:1975. .....:..........:....................ò......:.'""""""""""""""",'" """"""""""""""'-"""""""""'('jöiïõëUïiiõö""; Attest: """~iïÿ"Èiër¡;:":""""""""'" ) Special Session, MaJ7ch 25, 1975 125 CITY COUNCIL OFFICIAl. Special Session, March 25, 1975. Council met at 7:30 P.M. (C.D.T.) Present- Mayor Justmann, Councilmen Brady, I.undh, Stack. is, Thoms. City Manager Gilbert D. Cha,ve'lUIlie. Mayor Justmann,read the call and stated, that service thereof had been duty made and this meet- ing is called for the purpose of APPROVING A COMMUNITY DE. VEI.OPMENT B'I.O'CK GRANT AP. PI.ICATION and acting upon such other ¡business as may properly come 'before a regular meeting of the Council. Councilman Brady moved to re- consider the Badget vote of last evening, March 24, 1975. Seconded by Mayor Justmann. Vote on mo- tion was as follows: Yeas - Mayor Justmann, Coun- cilman Brady. Nays - Councilmen Luudh, Stackis, Thoms. MOl'lON FAILED. The Council reviewed a sum. mary of proposed activities for the Community Development Block Grant,' first year 7/76 to 7/77. Councilman Thoms moved that the rules be suspended to let any- one present address the Council if they so' desire; Seconded by Mayor Justmann. Carried hy the following vote: Yeas-Mayor Justmann, Council- men Brady, Lundh, Stackis, Thoms. Nays-None. Mr. Dick Vorwaid and Dick Al- bert of the North End ,Commun- ity development group addressed the Council by questioning the legality of money allocated to G.A.I.N. from the standpoint of discrimination. Rosemarie Mont- gomery and Rev. Marvin Bries stated that they are confident that a good job could be done for G.A.I.N. Mary Billington and Mrs. Schiessel stated that they need a facitity for the 3rd and 4th street neighborhood. Attorneys James Reynoids and Paul Kemp- ter eJOpressed wonderment if we have a plan and do we know where we are going. Neighborhood con- cept plan should 'be really put together. l'he summary of ..pro- posed activities for theCommun- ity Block Grant as submitted was as follows: Urban Renewal Land Purchases $50,000; Parking Lot and entranceway to make Loras College indoor swimming Facility available to the, Public $211,000; G.A.I.N. Personnel $18,000 Rent etc $12,000, Equipment $5,000 To- tal $35,000; Neighborhood Devel- opment - Rehabilitation specialist $15,000 Loans $40,000, Total $55,000; Neighborhood Develop- ment Planner $15,000; Improve- ment Program $50,000; Assistant Neighborhood Organizátion Spe- cialist $4,000: Legal Aide $5,000; Administration Clerk-Typist $2,000; Supplies and Services $4,000 for a grand total of $241,000. RESOI.UTION NO. 79.75 AUTHORIZING THE FILING OF AN APPLICA110N FOR A COM- MUNITY DEVELOPMENT BLOCK GRANT FOR THE CITY OF DUBUQUE WHEREAS, the City of Dubuque is entitled to certain funds under the Community Development Block Grant Program authorized under Titie I of ¡he Housing and Com- munity Deveiopment Act of 1974; and WHEREAS, the regulations gov~ erning the use of such funds re- quires that an application be sub- mitted which conforms to criteria prescribed by the United States Department of Housing and Urban Development: and WHEREAS, such an application has been prepared and the items contained therein are in the hest interests of the City of Dubuque; now therefore BE IT RESOLVED BY THE Crry COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That an application on behalf of the City of Dubuque for a Community Devetopment Biock Grant under Title I of the Housing and Community Develop- ment Act of 1974 is hereby ap- proved, and that the Mayor of the City of Dubuque is hereby author- ized and directed to execute such an application for submission to the United States Department of Housing and Urban Development. 126 Special Session, March 25, 1975 Passed, adopted and approved this 25th day of March, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Allan T. Thoms Councilmen Attest: , Leo F. Frommelt City Clerk , CQuucilman Stackis moved adop- tion,ofthe,resolution. Seconded hy Council¡t18n Thoms. Carried by the following vote: yeas -~ayor Justmann, Coun- ciln¡en Brsdy, Lundh, Stackis, Thoms. Nays -- None. Councilman Thoms moved to reo consider the former motion on the budget. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Councilman Thoms moved that the tax asking be reduced by 2 mills-$256,319 as an amplification of direction to the City Manager at the Council meeting of March 24, 1975. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun. III!I 'illi,','! "': cilmen Brady, Lundh, Stackis, Thoms. ' Nays - None. There being no further busincss Councilman Brady moved to ad- journ. Seconded by Councilman Thoms. Carried by the fol!owing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis, Thoms. Nays - None. Leo F. Frommelt, City Clerk Approved .....,..............................1975 Adopted ......................................1975 """"""""""""""Mäÿ~~"""""""""'" """""""""""""""""""""""""""""" ............................................................ """""""""""""""""""""""""""""" """"""""""""""ë~'ü~ëii¡;;-ë~""""'" Attest: """Citÿ"ëië~k"""""""""""