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1975 October Council Proceedings Regular and Adjourned Regular Session, October 7, 1975 515 "iC-""'-~~~~~-'~~'" »""'" .". , CITY COUNCIL OFFICIAL Regular Session, October 6, 1975. No members of the Council be. ing present, the meeling was ad. journed subiecllo call. ***** Adjourned Regular Session, Oc. lober 7, 1975. Council mel al 7:30 P.M. (C.D.T.) Presenl - Mayor Juslmann, Councilmen Brady, Lundh, Meyers, Slackis. Cily Manager Gilberl D. Chavenelle. Invocation was given by Dr. Wei- bien, President of Wartburg Sem- inary. Mayor Justmann read the can and stated that service thereof had been duly made and this is AN ADJOURNED MEETING OF THE REGULAR MEETING OF OCTO. BER 6, 1975, caned for the PUR- POSE OF ACTING UPON SUCH BUSINESS AS MAY PROPERLY COME BEFORE THE MEETING. Communication of Dubuque Ad. visory Commission submitting min- utes of their meeting of Septem- ber 23, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Justmann. Car- ried by the foUowing vote: .' Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Council of Neighborhoods submitting minutes of their meeting of September 26, 1975, presented and read. Coun- bilinan Meyers moved to suspend the rules to let auyone present ad- dress the Councn If they so de. sire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. John Grau spoke to the Council in reference to the formation of a Community Development Com- mission. Councilman Stackis moved that the minutes of Council of Neighborhoods he received and flied and Work Session with them be held on October 14, 1975, at 7:30 o'clock P.M. in the Council Chambers at City HaU. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque Transit Trustee Board submitting minutes of their meeting of Sep. tember 25, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Mayor Just- mann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Dubuque Disposal Co., indicating wish to exercise their renewal option granted them in the Lease & Agreement on the prop. erty at 14th & Elm Streets, from January I, 1975 to January 1, 1976, presented and read. Mayor Just- mann moved that the Notice be referred to the City Manager. Sec- onded by Councilman Meyers. Car' ried by the following vote: Yeas - Mayor Justmann, Coun' cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Attorney Wil- liam A. Conzett, as a representa- tive of owners of Lot 12 in Block 2 in Sunset Park Snbdivision No. 3, requesting correction of an easement error 2.5 foot wide by having the City re-deed the prop- erty and refer to the City Attor- ney for proper procedure, present- ed and read. Councilman Stackis moved that the communication be referred to the City Attorney for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of City Engi- neer submitting Articles of Agree- ment, establishing the Dubuque Metropolitan Area Transportation Study and requesting an opportun- ity to explain their purpose and recommending your review, pre. sented and read. Frank Sherkow and Karl Biasi addressed the Council and spoke 516 Adjourned Regular Session, October 7, 1975 on the scope and purpose of Du- buque Metropolitan Area Study (D.M.A.S.). Mayor Justmann moved that the communication of City Engineer be referred to Council for study at next meeting. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 3, 1975 Honorable Mayor and City Council The assignment of additional per- sonnel to the Department of Com- munity Development has caused considerable overcrowding in their present space at Suite 10-B in the Fischer Building, and we have in- vestigated other space to alleviate this condition. It Is recommended that the pres- ent lease with the Fischer Realty Company be amended to permit this department to move to Suite 480 in the same building. This space contains approximately 1,100 square feet, and it would provide minimal needs for the various func- tions assigned to that department. The terms of the lease amend- ment would extend their present lease until March 31, 1977, at a new rental of $325 per month. Pres. ent lease cost is $190 per month for 750 square feet. The lease :W9uld also contain provision for termination in the event the de- partment is moved to city owned property. We request your approval to execute this lease amendment. Francis A. Murray Assistant City Manager Councnman Meyers moved that the request be approved and City Manager authorized to sign the Lease Amendment. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Councilmen Brady, Lundh, Meyers, Stackis. Nays-Mayor Justmann. Notice of Claim of Loras D. Coakley, in the amount of $114.30, for car damage incurred as the result of striking a protruding box on a power pole in center of block on 6th Street between Bluff & Lo- cust Streets on 9-30-75, presented and read. Mayor Justmann moved that the Notice of Claim be re- ferred to the City Attorney for in- vestigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Joyce L. Tal- mo, in the amount of $21.11, for car damage incurred as the result of driving into a protruding metal grate in the street at 20th & Wind- sor on September 18, 1975, pre- sented and read. Mayor Justmann moved that the Notice of Claim be referred to the City Attorney for investigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Sr. Mary Thomas Eulberg, in an undeter- mined amount, for personal in- juries received in a fan on a de- fective sidewalk on W. 5th. Street on September 30, 1975, presented and read. Mayor Justmann moved that the Notice of Claim be re- ferred to the City Attorney for in- vestigation and report. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 7, 1975 Honorable Mayor and City Council The City Attorney was heret<>- fore directed by the City Council of the City of Dubuque, Iowa to institute Eminent Domain Proceed- ings to acquire a perpetual 20 foot easement and a temporary 50 foot easement in and through lands owned by John M. Sutton and Viola K. Sutton for the purpose of in- stallation, repair and maintenance of an 18 inch vitrified tile pipe sanitary sewer. The Sheriff's Jury Commission- ers met on the 25th day of Septem- her 1975 and entered an award in the total amount of $13,236.00 and in the opinion of the City At- torney said award should be paid. 'It. N. Russo City Attorney ---- Adjourned Regular Session, October 7, 1975 517 Councilman Stackis moved that the recommendation be approved and City Auditor directed to issue proper warrant. Seconded by Mayor Justmann. Carried by the folJowing vote: Yeas - Mayor Jnstmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. AN ORDINANCE amending Or- dinance No. .'33-49 known as the "Traffic Code of Dubuque, Iowa," as amended by repealing Section 7.5 thereof and enacting a new Sec- tion 7.5 in lieu thereof requîring a driver of a vehicle involved in an accident to give notice of such accident to the office of the Chief of Police when the apparent total property damage is Two Hundred and Fifty Dollars or more, present- ed and read. Councilman Meyers moved that the reading just had be oonsidered the first reading of the Ordinance. Seconded by Coun- cilman Stackis- VOTE ON THE MO- TION WAS AS FOLúOWS: Yeas - Councilmen Lundh, Meyers, Stackis. Nays - Mayor Jnstmann, Coun- cilman Brady. Councilman Meyers moved that the mle requîriug an Ordinance to be received and filed at two meetings prior to the meeting when final aclion is taken, be dis- pensed with. Seconded by Council- man Stackis. VOTE ON THE MO- TION WAS AS FOLLOWS: Yeas - Councilmen Lundh, Meyers, Stackis. Nays-Mayor Justmann, Council- nmn Brady. Councilman Meyers moved final adoption of the Drdinance. Second- ed by Councilman Stackis. VOTE ON THE MOTION WAS AS FOL- LOWS: Yeas - Councilmen Lundh, Meyers, Stackis. Nays-Mayor Justmann, Council- man Brady. REQUIREMENT OF % VOTE NOT ACHIEVED FOR PASSAGE. THIS WAS CONSIDERED THE FIRST READING OF THE ORDI- NANCE. Petition of FlOyd D.Berendes, requesting vacation of Jansen Street abuttiug his property, ap- proximately 400' west of 'Shiras Avenue, presented.and read. Coun- cilmanMeyers moved that the pe- titionbe referred to the City Man- ager and Staff. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None- Petition of Insurance Women of Dubuque, requesting the Mayor to signa proclamation, proclaiming the last week of October as "Safe.. ty on the Streets Week," presented and read. Councilman Meyers moved that the petition be re- ceived and filed and the week so proclaimed. Seconded by Mayor Justmann. Carried by the follow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Mayers, Stackis. Nays-None. PetUion of George & Mary Lou Sorensen, requesting a refund of $422.50 on unexpired portion of Beer-Liquor License No. 2166, dis- continued business on September 8, 1!j75, presented and 'read. Coun- cilman Stackis moved that the re- fund be granted and CUy Auditor directed to issue proper warrant. Seconded by Councilman Lund¡. C&rried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Con- tracters of Receipt of Proposals for tl>e oonstruction of 5th Street Parking Lot, presented and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 2, 1975 Honorable Mayor . aud City Council Pursuant to your Instructions, sealed proposals were received un- til 1{}:OOam. D.S.T., Thursday, Oc- tober 2, 1975 for the construction of the Fifth Street parking Lot. The low bid was submitted by Tschiggfrie Excavating Company of Dubuque, Iowa with a bid of $19,457.92. This is 1.1% over the Engineer's Estimate. 518 Adjourned Regular Session, October 7, 1975 I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating Com- pany. Gilbert D. Chavenelle City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. (Awarding Contract) RESOLUTION NO. 364.75 WHEREAS, sealed proposals have been submitted by contractors for the Fifth Street Parking Lot pursuant to Resolution No. 332-75 and notice to bidders published in a newspaper published in said City on September 15, 1975 and Sep- tember 22, 1975; and WHEREAS, said sealed propos- als were opened and read on Oc- tober 2, 1975, and it has been de- termined that the bid of Tschigg- frie Excavating Company of Du- buque, Iowa in the amount of $19,457.92 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and iustructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-Councilman Brady. RESOLUTION NO. 365.75 Aulhorizing the Execulion of An Annual Conlribullons Con. Iract Wilh Ihe Uniled Slales of America. WHEREAS, under date of. Sep- tember 18, 1975, an application for a Section 8 Housing Assistance Payments Program for 175 units of existing housing was approved for the City of Dubuque; and WHEREAS, under date of Sep- tember 25, 1975, an application for the conversion of a Section 23 Housing Assistance Payments Pro- gram to a Section 8 Housing As- sistance Payments Program for 74 units of existing housing' was ap- proved for the City of Dubuque; and WHEREAS, under date of Sep- tember 26, 1975, an Annual Con- tributions Contract identified as Master Section 8 Annual Contri- butions Contract No. KC-9004 cov- ering the above identified projects was tendered the City of Dubuque by the United States of America; and WHEREAS, this Contract super- cedes an Annual Contributions Con- tract for a Section 23 Housing As- sistance Payments Program autho- rized to be executed by the City of Dubuque on May 5, 1975; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the Master Sec- tion 8 Annual Contributions Con- tract No. KC-9004 is herebyap- proved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the said Contract on behalf of the City of Duhuque. SECTION 2. The Director of the Department of Community Devel- opment is hereby authorized and directed to submit in the required number of copies, the executed Contract to the Government togeth- er with such other documents evi- dencing the approval and autho- rizing the execution and implemen- Adjourned Regulat Session, October 7, 1975 519 tation of such Contract asmay be required. . Passed, approved and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Jsmes E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers- Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Re- ceipt of Bids for Ambulance, pre- sented and read. Councilman Stack- is moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 3, 1975 Honorable Mayor and City Council Attached is a letter from Chief Robert N. Dunphy recommending the purchase of a modular unit amhulance from Environmental Safety Products, Incorporated. This firm was low bidder at a cost of $22,900. We are recommending a slight modification from the speci- fications, which will reduce the cost of the unit to $21,900. You are requested to approve a Resolution authorizing the City Manager to proceed with the pur- chasé' of this piece of equipment. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be receIved and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. . Nays-None. (Awarding Conlract) . RESOLUTION NO. 366-75 WHEREAS, sealed proposals have been submitted by contrac- tors for the furnishing of an Am- bulanceType 1 Vehicle Class .1, Conventional Cab Chassis with modular ambulance body pursuant to direction of notice to bidders published in a newspaper pub- lished in said City on September 8, 1975 and September 15, 1975; and WHEREAS, said sealed proposals were opened and read on Septem- ber 24, 1975, and it has been de- termined that the bid of Environ- mental Safety Products, Inc. of Ke- nosha, Wis- in the amount of $21,900.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the. above mentioned improvement be award- ed to Environmental Safety Prod- ucts Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders- Passed and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Émil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Càrriedby the following vote: Yeas. - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 367.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examiued; .' , NOW THEREFORE BE IT RE- SOLVED by the City Council of ~-,".~~,.o<",""",.".", '^,. ~~~c~... 520 th~ City of Dubuque, Iowa, that the following applications be'grant- ed and permits issued upon the compliance with the terms of the Qïdinances of the City. CLASS "C" SEER PERMIT Nash Finch Company-Warehouse Market, John F. Keumedy, Hwy 20 West Pass"d, adopted and approved this 7th day of October 1975. C. Robert Justmann Mayor AN!n E. Lundh Emil Stackis James E. Brady Donald R. MeyerS Councilmen Attest: Leo F. Frommelt City Clerk CouncilmanStackls moved adop. tionof the resolution. Seconded by Councilman Meyers. Carried by the following vote: 'leas - Mayor Justmann, Coun- dlmen Brady, Luudh, Meyers, Stackis. Nays-None. ReSOLUTION NO. 3611.75 Wl'IEREAS,applications for Beer Permits were filed by the within I lIMned applièants and they have re- eeivèd the approval of this Coun- eil; and WHEREAS, the premises to be ",,~pied by 'such applicants were inspected and found tu 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 Cirty 'of Dubuque, Iowa, that the Manager be auth<>rized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER P£RMIT Nash Finch Company, Warehouse Market, JOM F. K"nnedy, Hwy :20 West Passed, adopted and awroved this 7th day of October 1975. C. Robert Justmann Mayor Alvin E. lMndh ìl!JmiI Stack1is James E; Brady Donald R. Me;yers Cuuncilmen Attest: ILea F. Frommelt aty Clerk Adjourned Regular Session, October 7, 1975 Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vo,te: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 369.75 WHEREAS, applieations 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 provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) SEER AND LIQUOR LICENSe Merlin F. Heiar, 1900 Washington Street Passed, adopted and approved this 7th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Coun'cilmen Attest: Leo F. Frommelt City Clerk Councilman Stackls moved ,adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - MJ1yor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 310-75 WHEREAS, J1pplications for Liq- uor Licenses were filed by the within named applicants and they have received the J1pproval of this Council, and WHEREAS, the premises to be occupied by such J1pplicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW TFI'EREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorizeiil to cause to be issued to tire ~ofiowing .._ed ,applicants " Liqu-Gr License. Adjourned Regular Session, October 7, 1975 521 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Merlin F. Heiar, 1900 Washington Street Passed, adopted and approved this ' 7th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Councllman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Attorney Dan- iel P. Ernst, requesting that cer. tain real estate in T. McCraney's Second Addn., which forms a por- tion of the rlght.of-way of High Bluff Street be vacated, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 371.75 WHEREAS, plat dated Octoher 7, 1975, prepared by Bartels, Mc- Mahan, LeMay, Haas & Fay Engi- neering Co. of that portion of va- cated High Bluff Street which has been platted and shall hereinafter be described as: Lot 2 of the Subdivision of the northerly or northwesterly 25 feet of Lot 25; Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 24; Lot 2 of the Subdivision of the northerly or northwesterly 25 feet of Lot 23; Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 22; and Lot 2 of the subdivi- sion of the northerly or north- westerly 25 feet of Lot 21, aU in "T. McCraney's Second Ad- dition to Dubuque" in the City of Dubuque, Iowa, according to the recorded plat thereof: and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuuque, Iowa: Section 1. That the plat dated October 7, 1975, prepared by !;Iar- tels, McMahan, LeMay, Haas & Fay Engineering Co. covering the real estate hereinabove described be and the same Is hereby approved and that the Mayor and City Clerk be aud they are hereby author. ized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Seclion 2. That the City Clerk be and he is hereby authorized and directed to file said plat and this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. ORDINANCII NO. 41.75 An Ordinance vacaling Ihal PO"" lion of High Bluff Slreel, plalled and described as follows: Lol 2 of the Subdivision of Ihe North. erly or Norlhweslerly 25 feet of Lot 25; Lol 2 of the Subdivision of the Northerly or Norlhwesl. erly 25 feel of Lol 24; Lol 2 of Ihe Subdivision of Ihe Norlherly or Northwesterly 25 feel of Lol 23; Lol 2 of Ihe Subdivision of Ihe Norlherly or Northweslerly 25 feel of Lol 22 and Lol 2 of the Subdivision of Ihe Northerly or Norlhweslerly 25 feel of Lol 21 all in "T. McCraney's Second Addition 10 Dubuque" in Ihe City of Dubuque, Iowa, according to Ihe Recorded Pial Ihereof, pre- senled and read, 111111 ~,_.' '^ , <- ,"O,- -~.o """.oM~~_."_.~"o~.. Adjourned Regular Session, October 7, 1975 523 Adjourned Regular Session, October 7,1975 522 that the grantee shall assume and pay for any expenses in connection with maintenance and repair of the property herein conveyed and that no abstract will be furnished and conveyance shall be by Quit Claim Deed. Passed, approved and adopted this 7th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councllmen 5), Al Chidley (par. 10), Charlotte Kelly (par. 8), Walter HolJ (par: 10), Vince Kueper (par. 9), and Mike Meloy (par. 9) to the newly formed Rehabilitation' Housing Commis- sion. Councilman Lundh moved ratification of the appointments. Seconded byo Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cllmen Brady, Lundh, Meyers, Stackis. Nays-None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Coul\cilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun' cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Frommelt City Clerk P~bH,hed offici,ll" in ,he Tde."ph Hmld New,p'p" ,hi, 10<1, d,y of 0",o- 10<,- 1975. Leo F. F<ammel, Ci'y CI"k Mayor Justmann moved that the readlngjust had be considered the first reading of tbe Ordinance. Seconded by'Councilman Brady. Carried by the folJowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Máyor Justmann moved that the rule requiring an Ordinance to be received andofiled at two meetings prior to the meeting when final action is taken, be dispensed o with. Seconded by Councilman Brady. Carried by the following vote: Yeas --"- Mayor Justmann, Coun- éllmen Brady, Lundh, Meyers, Stackis. Nays-None, ORDINANCE NO. 41.75 It. 10-10. Mayor Justmann moved final adoption Of the Ordinance. Second- ed by ,Councilman Brady. Carried by the followiug vote: Yeas - Mayor Justmann, Coun- cllmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 372.75 WHEREAS, The City of Du- buque, Iowa is the owner of real estate which real estate has been platted o and shall hereinafter be described as: Lot 2 ofo the subdivision of the Northerly or Northwesterly 25 feet of Lot 25; Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 24: Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 23; Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 22; and Lot 2 of the sub- division, of the northerly or northwesterly 25 feet of Lot 21, all in "T. McCraney's See- oud Addition to Dubuque" in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof; and WHEREAS, Bethany Home has made an offer to purchase said real estate: and WHEREAS, the City Council of the City of Dubuque, Iowa has eX- amined said offer to purchase said real estate and finds that the sale of same should be approved; NOW THEREFORE BE IT ,RE- SOLVED by the City Councll of the City of Dubuque, Iowa: Section 1. That the sale of the hereinabove described real estate owned by the City of Dubuque, Iowa to Bethany Home be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as pro- vided by law and In accordance with this resolution to Bethany Home for the sum of $50.00 togeth- er with costs of publicationJand Attest: LeoF. Frommelt City Clerk Councilman Meyers moved adop. tion of the resolution and date of hearing be set for October 17, 1975 at 4:30 o'clock P.M. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Lundh moved that the City allocate $250.00 toward the purchase of sign over the overpass on Highway #20 to match funds allocated by the County. Seconded by Mayor Justmann. Carried by the following vote: Yeaso- Mayor 'Justmann, Coun- cllmen Brady, Lundh, Meyers, Stackis; Nays-None. At 9:20 P.M. Councilman Stackis moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. COUNCIL RECONVENED IN REGULAR SESSION AT 9:45 P.M. WfltREÀS, B"h,ny Hom, '1",' ped- doned ,he Ci<y Council of ,he Ci'y of Dubuque, loiv. for ,he v,cotion of ,hot po,don of High BluffS"cc', plotred ,nd d"cdbed" follow", 100' 2 of rho ,ubdivi,ion of ,he north- erly ur northw"rerlY25 foet of 10o, 25; ,100' 2 of ,he ,ubdivi,ion of ,he nor,hirly or northwe"erly 25 fcct of 100' 24; 100' 2 of the ,ubdivi,;on of northerly or northw"rerly 25 fc" of Lot 23; Lot 2 ohh"uhdivi,;onof the northerly ur northwe",rly 25 fcct of . L'ot t2 ,nd Lot 2 of the ,ubdivi,ion of the northerly 0' northwe""ly 25 . fcct of Lot 21 ,11 in "T. McC"ney', Soeond' Addidon to Dubuque" in the City of Dubuque, loW', ctco,ding to ',he",o,d,dplctthoroof; ,nd . WHEREAS the City c<>uncil of the City of Dubuque, low, d""min" rhot "id p&don 01 High Bluff Street ,hould b,vctotcd, " it no long" "tV" ,ny poblic o purpo... NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SEc'fibN 1. Thot thot purdon of High Bluff Stre" horcinobov< d"eribed be ,nd the "m' i, hereby v",oted " ¡, no long" "m' "ny publico pu'po". P""d, 'þprovcd ,nd ,dopred ,hi, 7rh d,y of Oeroh", 197!. ° C. Robe'tO Ju"m'nn Mayo, Alvin E. Lundh Emil S"cki, 10m" ° E. Boody Don,ld R, MeyO" Cooncilm,n Approved ..................1976 Adopted ...................1976 ..........................................................................,...,.,. ,................................................................................ ..........................................."..................................... """"""""""""""""""""""""""""""""""""""""" """o""""""o"",o"""""""""'ëöüiïëïiïiïëñ""""" ....-.................. Attest: """"ëiïÿ"'ëï~~k Mayor Justmann announced the folJowing appointments: Mrs. Judy Reilly to the Youth Services Board of Directors; Paul J,.. Britt, replacing George Dein- inger ,on the Transit Trustees Board for the unexpired term ex- piring 7-30-77; Paul Rossiter (par. 7), Donald Hingtgen (par. 2), Chris Reisch (par. 9), James J. Tully (par. A'fTES'f, 1000 F. F<amm,), Ci'y CI"k Special Session, October 1975 Session, October 13, 1975 524 525 Councilman Lundh moved that the minutes be received and filed. See" onded by Conncilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Couu. cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Board of Dock Commissioners submitting minutes of their meeting of Oc- tober 1, 1975, presented and read. Councilman Stackis moved that the minutes be reeeivedand filed. Sec- onded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dock Com- mission submitting lease proposed to be entered into between the Du- buque Barge & Fleeting Service Company and the Dock Commis' sion, and requesting proper legal procedure, presented and read. Conncilman Stackis moved that the communication be received and filed. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 373.15 WHEREAS, a proposed form of lease between the City of Du. buque, Iowa by and through its Board of Dock Commissioners and Dubuque Barge and Fleeting Ser- vice Corporation, an Iowa corpora- tion has been negotiated; and WHEREAS said proposed lease has been transmitted to the City Council for public hearing, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the proposed form of lea,se by and between the City of Dubuque, Iowa by and through its Board of Dock Com- missioners and Dubuque Barge and Fleeting Service Corporation, an Iowa corporation be set for public hearing and that the City Clerk be and he is hereby directed to pub- lish notice of public hearing on said proposed lease as required by law. Passed, approved and adopted this 13th day of Octoher, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen JoAnn Smith spoke to Council as being in favor of the red-white-aud- blue bridge. Shirley Moody, as rep- resentative of an organized group, addressed Council as being against the trkolor bridge. Councilman Brady moved to ad- vise D.O.T. we would choose to stand for a tri-color bridge until a City referendum could be held. Seconded by Mayor Justmann. Vote on the motion was as fol1ows: Yeas - Mayor Justmann, Coun- cilman Brady. Nays-Councilmen Lundh, Mey- ers, Stackis. MOTION FAILED. Councilman Lundh moved to re- consider previous motion and we advise D.O.T. that the bridge be painted in the normal manner. Sec- onded by Councilman Stackis. (Mo- tion ruled out of order) Councilman Stackis moved to re- ject painting Julien Dubuque bridge Red-White-and-Blue and ad- vise D.O.T. accordingly. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Councilmeu Lundh, Mey- ers, Stackis. Nays - Mayor Justmann, Coun- cilman Brady. Communication of Iowa Depart- ment of Environmental Quality sub- mitting a statement of policy to all owners of Waste Disposal Sys- tems and persons intending to con- struct or expand Waste Disposal Systems, presented and read. Coun- cilman Stackis moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dubuque His- toric Preservation Advisory Board stating that a definite and distinct responsibility to restore and pre- serve many Dubuque buildings of historical value exists, and request a review of Council Resolution No. 89-75 to determine within what scope they should be operating, presented and read. C. George Biasi and Dan Dittemore addressed Council and stated they would like to make pointed recommendations to the Council and the Key Word is "Preservation." Councilman Brady moved that the communi- cation of Dubuque Historic Preser- CITY COUNCIL OFFICIAL Special Session, October 13, 1975. Council met al 7:30 P.M. (C.D.T.) Present-Mayor Juslmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Cily Manager Gilbert D. Chavenelle. Invocation was given by Dr. Rob- ert Giroux of Clarke College. Mayor Justmann read the cal1 and stated that service thereof had been duly made and this meeting is called for the PURPOSE OF ACTING UPON 5UCH BUSINESS AS MAY PROPERLY COME BE. FORE THE MEETING. Communication of Mayor Just- mann submitting copy of letter sent to Scovill Manufacturing Co., dated August 8, 1975, indicating a desire to promote Caradco's welfare, along with a press release dated October 13, 1975, that Caradco Window & Door Division of Sco- vill announced plans for expansion in Rantoul, Illinois, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by Ma- yor Justmann. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Ecumenical Housing Inc. inviting the Mayor to participate in the dedication ceremony of the new Ecumenical Tower on Sunday, November 9th, and requesting the Mayor to de- clare week of November 2 thru 9th as "Ecumenical Tower Week," presented and read. Councilman Stackis moved that the communi- cation be received and filed and Mayor so declare week of Nov. 2 to 9th as "Ecumenical Tower Week" Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Playground & Recreation Commission submitting minutes of their meeting of Sep- tember 8, 1975, presented and read. Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution and the pub- lic hearing be set for October 27, 1975, at 7:30 P.M. in the Council Chambers at City Hall. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Julien Du- buque Chapter Daughters of the American Revolution, being against a tri-color bridge, requesting for- mer Council action to be recon- sidered, presented and read. Coun- cilman Stackis moved that the com- munication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of John Gronin- ga of Mason City, Iowa, requesting reconsideration of decision to paint the Julien Dubuque Bridge red-white-and-blue, and seek a col- or more compatible with the sur- rounding beauty, presented and read. Councilman Stackis moved .that the communication be re- ceived and filed. Seconded by Couucilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Mayor Justmann moved to sus- ¡>eDd the rules to lei anyone pres- ent address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, .Siackis. Nays-N'one. 526 Special Session, October 13, 1975 vation Advisory Board be received and filed and the D.H.P.A.B.be charged by the City Council to study activities of other commun- ities in regard to Historical Pres- ervation, and further charge the Board to prepare recommenda- tions, goals and direction of the Board and Ordinances affecting the work of the Board and advise the Council of its findings. Sec- onded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Local 94, UAW requesting an Ordinance to contain that the package of every consumer commodity offered for retail sale shall bear the. price of such commodity in Arabic Num- bers and the price shall be large enough to be readable and shan not be in code to conform to the idea of their Consumer Affairs Committee, presented and read. Pat Dillon of UAW, Local 94, Jim Harrison and Loras Amling addressed the Council and urged them to adopt an Ordinance on unit price coding; Against Unit Pricing; Items purchased be marked by Arabic Numbers; and Items be individually marked. Ma- yor Justmann moved that the com- munication of Local 94, UAW be referred to the Citizens Advisory Committee for expeditious han- dling and also refer to the City Solicitor to check into legal rami- fications and report findings to the Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Mayor Just- mann requesting that Bunker Hill be open for snowmobiles at a fee equal to green fees charged during the golf season, presented and read. Edward Jenni of Fairway Drive, addressed the Council as having no objections to the use of Bunker Hill for snowmobiles, but requested a time limit be set for 10:00 P.M. Councilman Stackis moved that the communication of Mayor Justmann be referred to the Recreation Department for inves- tigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of City Engineer submitting copies of proposed Arti- cles of Agreement establishing the Dubuque Metropolitan Area Trans- portation Study (forward from last meeting), presented and read. Councilman Brady moved to ad- vise D.M.A.T.S. that all 5 Coun- cilmen be placed on the Commit- tee. Seconded by Councilman Stackis. Carried by ,the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 7, 1975 Honorable Mayor and City Council I am returning to you the peti- tion for additional street lighting in Arbor Oaks Subdivision. The proposal has been reviewed by the City Electrical Inspector and it is recommended that seven 175 watt mercury vapor fixtures on the developer's metal standards be Installed at the following loca- tions: 1. Between 3116 and 3110 Spring Valley Road 2. Between 3090 and 3080 Spring Valley Road 3. Between 3060 and 3050 Spring Valley Road 4. Between 2990 and 3001 Arbor Oaks Drive 5. Between 3049 and 3051 Arbor Oaks Drive 6. Between 2955 and 2920 Arbor Oaks Court 7. Between 3094 and 3100 Oak View Court Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication to the City Man- ager from the Housing Inspector, Special Session, October 13,1975 527 also from the Rehabilitation Super- visor, submitting a report of the findings of the property at 744 West 8th Avenue, presented and read. Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Karl Feye, In an undetermined amount, for personal injuries received in a fall on a defective sidewalk at 285 N. Grandview Ave. on September 23,1975, presented and read. Ma- yor Justmann moved that the no- tiGe of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Janet Demp- sey, in an approx. amount of $500, for property damage incurred as the result of a sewer back-up iu the basement of her home at 1906 Ellen Street on October 5, 1975, presented and read. Mayor Just- mann moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. AN ORDINANCE amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 7.5 thereof and enacting a new Section 7.5 in lieu thereof requir- ing a driver of a vehicle involved in an accident to give notice of such accident to the Office of the Chief of Police when the apparent total property damage is Two Hun- dred and Fifty Dollars or more; said Ordinance having been pre- viously presented and read at the Council meeting of October 7, 1975, presented and read. Councilman Stackis moved that the reading just had be considered the second reading of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. AN ORDINANCE amending Or- dinance No. 181 by repealing Sec- tion 7 thereof and Section 9 there- of and enacting a new Section 7 and a new Section 9 in lieu there- of, respectively, defining the Pow- ers, and Duties of the Dubuque Dock Board, presented and read. Councilman Stackis moved that the Ordinance be tabled to the next Council meeting. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. AN ORDINANCE authorizing James R. Kisting to construct a chain barricade at 535 Hill Street, presented and read. NO ACTION TAKEN ON ORDINANCE, AGREED TO CLOSE UP CURB CUT. Petition of Carl W. Thumser et ai, requesting the extension of sew- er facilities on the south side of J.F.K. Road north to 32nd Street and the extension be to the rear of their properties, presented and read. Mayor Justmann moved that the petition be referred to the City Manager and Staff. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of St. Columbkille's School submitting a course of ac- tion to eliminate the traffic hazard on Bryant & Grandview by painting the curb yellow; use a portable stop sign; establish a 15 mile per hour speed limit in the area all the way down to Bryant and Dodge; an adult supervisor in some type of uniform, presented and read. Mayor Jnstmann moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Stackis. Carried by the folJowing vote: Yeas - Mayor Justmann, Conn- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. 528 Special Session, October 13, 1975 Petition of Mrs. Helen Pfalzgraf et ai, residents at 1660 and 1690 Asbury Rd., being cognizant of the recent new zoning ordinance, have found that area surrounding their properties are classified as Com- mercial, while their homes are not, and requesting reinstatement to the Commercial Zoning Classifica- tion, presented and read. Mayor Justmann moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- ciimen Brady, Lundh, Meyers, 8tackis. Nays-None. Verbal petition by John Grau, from the 11th Street Neighborhood Association, requesting blocking off Alice Street between Wilbur Street and W. 11th St. for four hours on Sanday, October 26th F.M., for a hlock party, presented. Mayor Justmann moved that the re'la"st be approved and refer to City Manager for implementation. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Jtlstmann, Coun. "limen Brady, Lundh, Meyers, Stackls. Nays-None. Petition of Hempstead Student Govemment requesting permission to conduct their Homecoming Pa- rade on October 24, 1975, present- ed and read. Mayor Justmann moved that the request be ap- proved and referred to the City Manager for implementation. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- dim.... Bxady, Lundh, Meyers, 8t""ki8. Nays-None. Fetition of Duane Koeller re- questing a ref1!>nd of $211.25 on IJnre unexpired portio" of Beer-Liq- uor Licemse, discontinued business on May 28, 19~¡;' presented and read, Mawor JuS'in1ann moved that the refund be gra'lIlted and the City Auditor directed to issue proper wan'ant.Seconded by Councilman Stackis. Carxied by the following vote: Yeas - Mayor Justmann,Çoan- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Decision of Council upon objec. lions 10 plans, specificalions. form of contnlcl and cosl of im' provemenls. RESOLUTION NO. 374.75 WHEREAS, proposed plans and specifications and form of contract for the San Jose swimming pool parking lot and access sidewalk have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 362.3 of the Cod. of Iowa, 1975, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 13th day of Octo- ber, 1975; and WHEREAS, the City Council met in special session this 13th day of October, 1975, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing an interested parties and con- sidering any and all objections wh.ich have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, an interested parties !lave been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, theref{lre BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, he and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution coliltaining the decision (If this Council upon all objections which have been filed to theplans, specifications and form of cost said improvement he made a matter of per",anent rec- ord illl connection with said im- pœvement. Special Session, Oct{lber 13, 1975 529 Passed, adopted and approved this 13th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Msyor Justmann, Coun- cilmen Lundh, Meyers. Nays - Councilmen Brady, Stackis. October 10, 1975 Honorable Mayor and City Council The City Council, on September 15, 1975, adopted a Resolution rela- tive to the environmental revIew findings for the parking lot to be constructed at the San Jose Swim- ming Pool. This Resolution stipu- lated that the City Clerk publish a notice stating th.at there was no significant environmental impact relative to construction of this facility. The public was given 15 days to respond. No written com. ments relative to the publication h.ave been received. Regulations of the Community Development Act are that after the publication, the applicant must publish a notice relative to th.e project in a local newspaper stat- ing that the applicant will be ap- plying for the funds. After five days the City can proceed to make application for the funds. In the application for the funds our documents are required: 1) re- quest for release of funds: 2) certi- fication form to be signed by the Mayor; 3) statement of the City Attorney; 4) certification of the City Clerk. Copies of these docu- ments are enclosed. We are, therefore, requesting that you adopt a Resolution which will authorize the City Clerk to publish. a public notice for release of funds and authorize th.e Mayor, City Attorney and City Clerk to sign the necessary documents for the application of the funds- Francis A. Murray Assistant City Manager Mayor Justmann moved that the communication be received and filed. Seconded by Councilman Meyers, Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers- Nays - Councilmen Brady, Stackis. RESOLUTION NO. 375-75 Aulhorizing Submission of aRe. quesl for Release of Certain Funds for Ihe San Jose Swim. ming Pool Parking Lol and Ac. cess Walk WHEREAS, the City of Dubuque under applicable provisions of the Housing and Community Develop. ment Act of 1974, has completed the Environmental Review and Clearance Procedures with respect to a Project identified as the San Jose Swimming Pool Parking Lot and Access Walk Project; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for release of funds under the said Act to carry out the above identified Project, now therefore BE IT RESOLVED by the City Council of th" City of Dubuque, Iowa: SECTION 1. That the Environ- mental Review record for the San Jose Swimming Pool Parking Lot and Access Walk Project shall con- tinue to remain on file in the Of- fice of the City Clerk, where the said record may be examined and copied by any interested party. SECTION 2. That the Mayor of the City of Dubuque is hereby au- thorized and directed to submit to the U.S. Department of Housing and Urban Development on the 22nd day of Octoher, 1975, a re- quest for release of funds to un- dertake the said Project. SECTION 3. That the Mayor of the City of Dubuque is hereby au- thorized to consent to assume the status of a responsible Federal of- ficial under the National Environ- mental Protection Act, insofar as the provisions of the said Act ap- ply to the U. S. Department of Housing and Urban Development's responsibilities for review, deci- sion-making, and action assumed and carried out by the City of Du- buque as to environmental issues. SECTION 4. That the Mayor of the City of Dubuque is hereby aU- 530 Special Session, October 13, 1975 thorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision- making and action. SECTION 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a Certification pertaining to the Environmental Review and Clearance Procedures. SECTION 6. That the City Clerk be and he is herebY authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, approved and adopted this 13th day of October, 1975. C. Rohert Justmann Mayor Alvin E. Lundh Donald R. Meyers CouncUmen and Iowa Streets, Dubuque, Iowa, where said record may be exam- ined/copied between the hours of 8:00 AM and 5:00 PM, CDT, Mon- day through Friday until 5:00 PM on the 4th day of November, 1975. The name of the applicant is the City of Dubuque, Iowa: the name of the applicant's chief officer is C. Robert Justmann, Mayor; and the address of both is City Hall, 13ih and Iowa, Dubuque, Iowa 52001. The City of Duhuque wìll under- take the Project described above with Block Grant funds from the U; S. Department of Housing and Urban Development (HUD), under Title I of the Housing and Com- munity Development Act of 1974. The City of Dubuque is certifying to HUD that the City of Duhuque and C. Robert Justmann, in his of- ficial capacity as Mayor, consent to accept the jurisdiction of the Federal courts If an action is brought to enforce responsihUities In relation to environmental re,- views, decision making, and action; and that these responsibilities have been satisfied. The legal ef- fect of the certification is that upon its approval, the City of Du- buque may use th~ ,Block Grant funds and HUD wìll have satisfied its responsibilities under the Na- tional Environmental Policy Act qf 1969. HUD will accept an objection to its approval of the release of funds and acceptance of thecerti- fication only if it is on one of the following bases: (a) that the offi- cer of the applicant; or (b) that applicant's environmental review record for the Project indicates omission of a required decision, finding, or step applicable, to the Project In the environmental re,- vIew process. Objections must be prepared and submitted in accord. ance with the required procedure (24 CFR Part 58), and may be, ad' dressed to HUD at Omaha Area Office, 7100 West Center Road, Omaha, Nebraska 68106. abjections to the release of funds on bases other than those stated above wl1l not be considered by HUD. No, ob- jection received after the 4th day of November, 1975, will be còn- sidered by HUD. Leo F. Frommelt City Clerk Attest: Leo F. Frommelt City Clerk EXHIBIT "A" PU~LIC, NOTICE Pursuant to the ~nvironmental review and clearance requirements ~o)' the Communit:( Development Block Grant Progr,am, the City of Dubnque intends to file a request for Release of Funds on October 22, ,1975, -in amount of $21,000_00 i apd }or Certification of a Project identified as the San Jose Swim- înìng Pool Parking Lot and Access Walk Project to be undertaken with funds made ávailable under 'Title i ot the Housing and Com- munity Development Act of 1974. 'The Project includes the con- struction of a hard-surfaced park- ing lot with eight inches of stone base and two inches of asphaltic material. The Project also includes a five-foot concrete walk extend- ing from the parking area to the swimming pool facility. The park- ing lot wìll contain concrete bump- ers and an asphalt curb. Off-street, parking for not less than 28 vehi- deS wìll be provided. . The City of Dubuque has made ân Environmental Review record for the Project,' and has placed, thiS record on file in the office of the <City"Clórk in City Hall, 13th 1 t. .10-14 Special Session, October 13, 1975 531 Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas ~ Mayor Justmann, Coun- cilmen Lundh, Meyers. Nays - Councilmen Brady, Stackis. September 10, 1975 Honorable Mayor and City Council I hereby submit the East 16th Street water main extension across the E. 16th Street Bridge to Area "c" of Industrial Park. Submitted October 13, 1975. John L. White, P.E. City Engineer Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 376.~5 Preliminary Estimate, and ap- proval of plaus, specifications, form of çontract ,and etc., for the construction of East 16th Street Water Main Extension across the East 16th Street bridge to Area "c" of Industrial Park, in the es- timated amount of $53,086.00, pre- sented and read. Counçilman Stackis moved adoption of the res- olution. Seconded by CouncUman Lurtdh. Carried by the followIng vote: ' Yeas - Mayor Justmann,'Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. (Necessily for Improv.menl) RESOLUTION NO. 377.75 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of, the City Clerk showing among other things the following: 1. The water main to be extended. 2. The size and kind of water main. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used for the East 16th Street water main exten- sion across the E. 16th Street bridge to Area "c" of Indus' trial Park. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop" erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections, they shall be deemed to have waived all objec- tions thereto. Said improvement shan be con' structed and done in accordance with' the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Dock Fuud. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 13th day of October, 1975. Approved and placed on file for final action. Approved: C. Robert Justmann Mayor Alvin n. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved ap- proval of the resolution. Seconded by Councilman Lundh. Carried by the following vote: ' Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. (Fixing dale of he.ring) RESOLUTION NO. 378.75 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 376-75 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the con' struction of: East 16th Streetwa- 532 Special Session, October 13, 1975 ter main extension across the E. I 16th Street Bridge to Area "c" of Industrial Park, and WHEREAS, the proposed reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 3rd day of November, 1975, a public hearing will be held at 7:30 o'clock P.M. CST in the Council Chamber in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifications and proposed form of coutract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 13th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications he grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Groves Kelco, Inc., Nabors Drug, 1920 Elm Street Passed, adopted and approved this 13th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried hy the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stacids. Nays-None. RESOLUTION NO. 380-75 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun- en; 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 honds; II NOW THEREFORE BE IT RE- I SOLVED by the City Council of II' the City of Dubuque, Iowa, that ; the Manager be authorized to cause to be issued to the following I named applicants a Beer Permit. Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution- Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 379-75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; CLASS "C" BEER PERMIT Groves Kelco, Inc., Nabors Drug, 1920 Elm Street Passed, adopted and approved this 13th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Special Session, October 13, 1975 533 Councilman Stackis moved adop- .tion of the resolution. Seconded by Councilman Meyers. Carried by the fo¡¡owlng vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Mayor Justmann moved that the "Handgun Control Proceedings" presented by the Mayor, be re- ferred to the Citizens Advisory Con>mission. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ..................1976 Adopted ...................1976 .............-..................................-........... """"-"'-"""-"""""""""""""""""""" ...............................-............................ ""-"""""'-""""""""""""""""""""", ..............................................-..-.......... Conncilmen Attest: """"""""""""""""""'-""-"'" City Clerk 534 Special Session, October 17, 1975 CITY COUNCil the City of Dubuque, Iowa on Oc- tober 10, 1975, the City Council of the City of Dubuque, Iowa met on October 17, 1975 at 4:30 o'clock P.M. (Central Daylight Time) in the City Council Chambers, City Hall, Dubuque, Iowa to consider the pro. posal to dispose of interest of the City of Dubuque, Iowa In real es- tate, hereinafter described, to Beth- any Home; and WHEREAS, the City Council of the City of Dubuque, Iowa over- ruled any and all objections, oral or written, to the proposal to dis- pose of interest of the City of Du- buque, Iowa in the hereinafter de- scribed real estate to Bethany Home; OFFICIAL Special Session, October 17, 1975. Council mel at 4:30 P.M. (C.D.T.) Presenl-Mayor Juslmann, Coun. cilmen Brady, Lundh, Slackis. Cily Manager Gilbert D. Chavenelle. Absenl-Councilman Meyers. Mayor Justmann read the call and stated that service thereof had been duly made and this Meet- ing is called to CONSIDER A PRO- POSAL TO DISPOSE OF INTER- EST IN A VACATED PORTION OF HIGH BLUFF STREET TO BETHANY HOME, and acting upon such other business as may prop- erly come before a Regular Meet- ing of the Council. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to consider proposal to dispose of interest in the following described real estate to Bethany Home: Lot 2 of the subdivision of the Northerly or Northwesterly 25 feet of Lot 25: Lot 2 of the suh- division of the northerly or north- westerly 25 feet of Lot 24: Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 23: Lot 2 of the subdivision of the northerly or northwesterly 25 feet of Lot 22; and Lot 2 of the subdi- vision of the northerly or north- westerly 25 feet Lot 21, all in "T. McCraney's Second Addition to Dubuque" in the City of Dubuque, Iowa, according to the recorded plat thereof, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Just- mann moved that the proof of puh- lication be received and filed. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Meyers. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of interest of the City of Dubuque, Iowa in the following descrIbed real estate, to-wit: Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 25; Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 24; Lot 2 of the Subdivi- sion of the Northerly or North- westerly 25 feet of Lot 23; Lot 2 of the Subdivision of the Northerly or Northwesterly 25 feet of Lot 22; and Lot 2 of the Subdivision of the Norther- ly or Northwesterly 25 feet of Lot 21, all in "T. McCraney's Second Addition to Dubuque" in the City of Dubuque, Iowa, according to the recorded plat thereof to Bethany Home for the sum of Fifty ($50.00) Dollars and costs of publication, that no abstract of title will be furnished, conveyance will be by Quit Claim Deed and that the grantee shall assume and pay for any expense in connection with maintenance and repair of the property herein conveyed. Seclion 2. That the City Clerk be and he is hereby directed and authorized to deliver deed of con- veyance, conveying the above de- scribed real estate to Bethany Home upon receipt of the purchase price in fun. RESOLUTION NO. 381.75 WHEREAS, pursuant to Resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation published in 535 Special Session, October 17,1975 Seclion 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 17th day of October, 1975. C. Robert Justmann Mayor Alvin E- Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Justmann moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Meyers. There being no further business, Mayor Justmann moved to adjourn. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. Nays-None. Absent-Councilman Meyers. Leo F. Frommelt City Clerk Approved ..................1976 Adopted ...................1976 ............................................................ .........................................,.................. """"""""""""""""""ëöüiïëiiiiiëiï'" Attest: "'-"Ciïÿ"ëïërk""""""""""'" Special Session, October 20, 1975 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Copy of communication from Na- tional Resources Council, submit- ted to Colonel Lycan, Rock Island District Engineer, advising that the Council has approved an applica- tiou of the City and County for a fiood plain information study along Catfish Creek and the Little Ma- quoketa River, presented and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor .Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communicationef Peo¡>les Nat- ural Gas advising of an Increase in rates November 19th of 12.72\1 per thousand cubic feet, reflecting only the increase of the cost of gas made effective by Northern on October 27th, presented and read. Councilman Stackis moved that the oomm",,;cat¡e>n be received and filed and referred to the City Man- ager and City Attorney. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. 536 CITY COUNCIL OFFICIAL Special Session, October 20, 1975, Council mel al 7:30 P.M. (C.D.T.) Present-Mayor Juslmann, Coun- cilmen Brady, Lundh, Meyers, Stack!s. Cily Manager Gilberl D. Chavenelle. Invocation was given by Rev. Francis Friedl, President of Loras College. Mayor .Justmann read the call and stated that service thereof had been duly made and this meeting Is called for the purpose of CON. SIDERING A RESOLUTION ES. TABLISHING A COMMUNITY DE- VELOPMENT COMMISSION and acting upon such other business as may properly come before a reg- ular meeting of the Council. Communications from members of Iowa D.O.T., Les Holland and Allan T. Thoms, expressing "Thanks" to the Council for the kind hospitality extended to the Legislative Visitation Committee while in the City, October 6th & 7th, presented and read. Council- mau Stackis moved that the com- munications be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of James C. Clark et ux, of Galena, Ill., voicing their objection to painting the Julien Dubuque Bridge red, white and blue, presented and read. Coun- cilman Stackis moved that the communication he received and filed. Seconded by Councilman Lundh. Carried by the fonowing vote: Yeas ~ Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Edna L. Moss of Freeport, Illinois, being in favor of a red, white and blue Dubuque- East Dubuque Bridge, presented and read. Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the fonowing vote: October 17, 1975 Honorable Mayor and City Council I herewith submit the reports of the City Treasurer, Finance Direc- tor, Water Superintendent, Health Department, and a list of claims paid, for the month of September 1975. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Meyers. Carded by the folle>wing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Ll1ndh, Meyers, Stackis. Nays-None. October 16, 1975 Honorable Mayor and City Council Some weeks ago the Council asked about plans and design for Special Session, October 20, 1975 537 rebuilding the Madison Street steps. I have talked to John White about the work and he recommends that we employ an outside consult- ing engineer and architect. I should like to contract for the design. May I have your approval to go ahead. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and referred to City En- gineer for report back to Council. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 16, 1975 Honorable Mayor and Members of the City Council I have approved the flJing of the General Liability policy of William Spiegel, d/b/a Spiegel Construction Co. being policy No. BCP 307257, effective 8-5-75 and expiring 8-5-78. Approval as to content has also been approved by the City Attor- ney. May we ask your approval for filing purposes. Gilbert D. Chavenelle City Manager Counci1man Lundh moved that the communication be received and filed and filing be approved. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis- Nays-None. Octoher 16, 1975 Honorable Mayor and City Council Attached is a communication from the National League of Cities about the designation of a voting delegate for the City at the An- nual Congress of Cities. I understand that Cottncilman Stackis will attend the meeting. Will you please delegate him the voting representative of the City. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and Councilman Stackis be delegated as voting representa- tive for the City. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Planning & Zoning Commission submitting minutes of their meeting of Octo- ber 15, 1975, presented and read. Councilman Lundh moved that the minutes be received and filed. Sec- onded by Councilman Meyers. Car- ried by the followIng vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Lundh moved that the Board of Zoning Adjustment Commission be directed to study Ordinance No. 32-75 for revision, to provide direct mail notification to those people affected by rezon- ing of adjacent property, as stand- ard procedure. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas - Mayor .Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays--None. Communication of Rev. Marvin J. Bries, President of Dubuque Girls' Club Inc., submitting the name of Alois Vogt as a designated repre- sentative of their Club to serve on the Community Development Block Grant Program, presented and read. Councilman Lundh moved to suspend the rules to iet anyone present address the Council if they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- ci1men Brady, Lundh, Meyers, Stackis. Nays-None. Rev. Bries addressed the Coun- cil relative to the communication and request. Council informed Rev- Bries that any organization receiv- ing funds from this Program was not eligible to have a representa- tive on the Commission. Counci1man Lundh moved that the communication of Rev- Bries be received and filed and request denied. Seconded by Councilman Brady. Carried by the following vote: 538 Special Session, October 20; 1975 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis- Nays-None. Communication of Dubuque Coun- ty Snowmobile Ass'n. submitting a proposal for rescue equipment and advice and requesting finan- cial assistance, presented and read. Eldon Wilwert of the association, spoke to the Council expressing the need for Emergency Equip- ment. Mayor Justmann moved that the communication of the Snowmohile Association be referred to the City Manager for investigation and re- port. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Tom Deter- man, President of the United Na- tions Association, requesting dec- laration that the week of Octoher 19th thru 24th be proclaimed "United Nations Week" in Du- buque, presented and read. Coun- cilman Stackis moved that the communication be received and filed, and the request approved. Seconded by Councilman Lundh. carried by the following vote:, Yeas - Councilmen Brady, Lundh, Meyers, Stackis. Nays-Mayor Justmann. Commúnication of Donald Schute et aI, submitting copies of letters sent to the A & PStore on Asbury Rd., appealing 'to them to clean up the area at the rear of their store, apparently little or no re- sults, praying for relief from the Council, presented and read. Coun- cilman Stackis moved that the com- munication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady,Lundh, Meyers, Stackis. Nays-None. Commûnication of Dubuque Air- port Commission submitting min- ntes of their meeting of October 9, 1975, presented and read. Coun- cilman Stackis moved that the min- utes he received and filed. Second- edbyCouncilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Councilman Brady moved that the City Clerk be authorized by the City Council, to spend an amount not to exceed $300 for the purpose of advertising to the citi- zens of Dubuque their need to in- form the City Clerk's office if they feel they have heen missed in the recent Dubuque census. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Claim of Thomas V. Chapman, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side- walk on the west side of White Street between 18th & 19th Street on September 8, 1975, presented and read. Mayor Justmann moved that the notice of claim be referred to the City Attorney for investi- gation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays~None. ORDINANCE NO. 42.75 An Ordinance amending Ordi- nance No. 33-49 known liS the "TrafficCodeóf Dubùque, Iowa'" as amended by repealing Section 7.5 Ihereof and enactIng a' new Section 7.5 in lieu thereof re. quiring a driver of a vehicle in. volved in an accidenl 10 give no- lièe of such áccidenl 10 Ihe of. fice of Ihe Chief of Police when Ihe apparenllolal property dam. age Is two hundred and fifty dollars or more, Said Ordinance having been pre- viously presented and read at the Council Meetings of October 7. 1975 and Octobér 13, 1975, present- ed for final adoption. ORiDINANC¡¡ NO. 42'75 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "TRAFFIC, CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SECTION 7.5 THEREOF AND ENACTING A NEW' SECTION 7.' ' IN- LIEU'c Special Session, October 20, 1975 539 THEREOF REQUIRING A DRIV- ER OF A VEHICLE INVOLVED IN AN ACCIDENT TO GIVE NO- TICE OF SUCH ACCIDENT TO THE OFFICE OF THE CHIEF OF POLICE WHEN THE APPARENT TOTAL PROPERTY DAMAGE IS TWO HUNDRED AND FIFTY DOLLARS OR MORE NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" O,din'n" No- 33- 49 known" th, "T"ffk Cod, of Du- buqu', low," " 'm'nd,d bt ,nd th, "mt i, hmby ,""nd,d by "p"ling S"tion 7.5 thm"f 'nd ,""ting , n'w S"tion 7.5 in li,u tbmof " follow", "SECTION 7.5 Th, d,Iv" of , v,hid, involv,d in ,n ",id'nt "onIting in in;",y " " d",h of 'ny pmon " ""I p"pt"y d,m'g, " '" ipp",nt "tent of Two Hund'ed ,nd' Fllty Doll", " mo" ,h,ll, imm,di"ely, by th, quick"t m"n, "f communk,tion, giyo noti" of onch "cid""t " th, Chi,f of Polke. Ew,y p"" ofim, who, in th, "guI" ORDINANCE NO. 43-75 cou,", of duty, inYO"ig"" , mot" vehide "cidtnt of whkh "'p"t AN ORDINANCE PROHIBITING mu", b, m,d, " "qui"d in thi, "c- THE DR,IVING, FAR,IUNG OR tion, tith" " th, tim, of 'nd " th, STORING OF MOTOR VEHICLES ,,'n, of th, "cid,nt " thm,fte, by IN, ON OR OVER THE EARTHEN intmi,wing witn""" ,h,1l within DIKES OF THE DUBUQUE tW,nty-fo", hou" ,£te, eompl"ins FLOODWALL AND PROVIDING onch ,n inv"tig,tion, fil, ,w'¡tton FOR PENALTy FOR VIOLATION "p"n of 'uch "cid,nt.!' ' HEREOF P""d, 'ppmwd ,nd ,dopted thi, 20,h NOW THEREFORE BE IT ORDAIN- d,y of botob", 1975. " ED BY THE CITY COUNCIL OF, THE C. Rob", J""m,nn CITY OF DUBUQUE, IOWA M,yo< SECTION 1. Th" the op""" of 'ny Alvin E. Lundb m"" v,hid, i, hmby ,prohibited f,dm Emil St,cki, d,iving in, on 0' upon, p"king " "0<- Don,ld R. M,y'" ,ing 'ny moM "hid, on th, ,lop" ond Councilm,n 'on th, mth'n dik" of th, Dubuqu' ATTEST, , Floodw,Il",hdo lloWingd""'gn,,,d "e" , L,o F. Fmmme1t of "id floodw,Il, to-wi" , City CI"k Bkyd, p"h fmm Shi", Avenu, Ex- ,~ubli,þ,d .fid,lly in the Tel,,"ph "",ion ",utI, to Si""nth S,,'" 16th He"Id N,w,p'p" thi, 24th d,y of Ooto- S"'ot "'UtI, t. ,12th Sue,,; bet, 1975. A", "A" dik, ,"': , ' Loo F. FtOmmdt Doyo H"b" dike "eo, City cI"k Founh S"", dik, to Ice H"b" g",.. It 10-24 SECTION 2. Any pWon, fi'm " c"p- Councilman Stackis moved final o"'ion, vioI"ing cl" provi,iom of thi, adoption of the Ordinance. Second- Odin,nct ,h,ll b, guilty of mi,d'm"n" ed by Councilman MeyerS. Carried ,nd upon "nvietion ,h,ll b, fi~,d by the by the following vote: poym'n~ of On, Hund"d (1100.00) D.I. Yeas - Mayor Justmann Coun- I"", ,mpm.n,d f" thuty (30) d,y,. cilmen Lundh, Meyers, Sta~kis. d P""d, ,dopted 'nd 'ppmv<d thi, 20th Nays~Councilman Brady. 'y of OetObe" 197%;. Rob", Ju"m'nn ORDINANCE NO. 43-75 AivinMt',°\urtdh AN ORDINANCE PROHIBITING Emil St"ki, THE DRIVING, PARKING OR J,m" E- B"dy STORING OF MOTOR VEHIC- Do",ld R.. M'ym L:ES IN, ON OR OVER THE ATTEST, Coun"lm'rt EARTHEN DIKES OF THE DU- Leo F. FtOmmtlt BUQUE FLOODWALL AND City Cleek PROVIDING FOR PENAL TV FOR VIOLATION HEREOF, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Couucilman Lundh. Carried by the folJowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Couucilman Meyers moved that the rule requiring an Ordinance to be received and HIed at two (2) meetings prior to the meeting when final action is taken, be dis- pensed with. Seconded by Council- man Luudh. Carried by the folJow- ing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. 540 Session, October 20, 1975 Publi,hed offi,i,lIy in the T,¡eg"ph H",'d New,!"p" ,hi, 24th d,y of Octo- b" 1975. Loo F. F,mnmolt City cl"k It 10-24 Councilman Meyers moved final adoption of the Ordinance. Second- edby Councilman Lundh. Carried the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. AN ORDINANCE amending Or- I dinance No. 181 by repealing Sec- tion 7 thereof and Section 9 there- of and enacting a new Sectiou 7 and a new Section 9 in lieu ihere. of, respectively, defining the Pow- ers and Duties of the Dubuque Dock Board (Forward from Last Meeting), presented and read. Councilman Lundh moved that the Ordinance be referred to the city Manager for finai perusal aud re- port. Seconded 'by Councilman Stackis. Carried by the following vote: yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition for suspension of taxes due to infirmity of Harriet E. Frei- burger, submitted by the County and requesting approval by the City, presented and read. Councilman Lundh moved that the petition be received and filed and approved and City Clerk be authorized to execute. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen BradY, Lundh, Meyers, Stackis. Nays-None. Petition of Holy Trinity Catholic Church requesting a refund of $225. on the unexpired portion of Class "B" Beer permit No. B..2766, discontinued business on October 13, 197'5, presented and read. May. or Justmann moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Meyers. Carried by tJlO following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. MATCHING RESOLUTION NO.390-75 Whereas, the City of Dubuque of Iowa, by resolution duly passed heretofore, has resolved that it wiJI provide during the approved proj- ect period cash funds for the fol- lowing Iowa Crime Commission project: Amount of Funds Tille of Project Being Provided Police Training $61.92 Passed this 20th day of October, 1975. Grant Number 702-75-06-0000-21-03 C. Robert Jusimanu Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 391-75 ESTABLISHMENT OF A COM- MUNITY DEVELOPMENT COM. MISSION FOR THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque is undertaking a Community De- velopment Block Grant 'Program to improve the quality of living prin- cipally for persons of low and moderate income; and WHEREAS, the City of Dubuque wishes to assure that a fair cross section of the residents of the City of Dubuque fully participate in the continuous process of budgeting, developing, monitoring and evalu- ating the Community Development Block Grant Program; and WHEIREAS, it is deemed to he in the best interest of the City of Du- buque to create ,a Community De- velopment Commission to exercise such authority which maybe grant- ed by the Council of the City of Dubuque; nOw therefore BE IT RESOLVED BY THE-CITY COUN'OIL OF THE CITY OF DU- BUQUE, IOWA: Special Session, October 20,1975 SECTrON 1. That there is here. by created in the City of Dubuque, Iowa a Commuuity Deveiopment Commission to be goverued by the City Council of the City of Dubu. que. SECTION 2. That the Commun- ity Development Commission shall have and exercise that authority as set forth in Exhibit "A" which is attached hereto and made a part hereof. Passed, approved and adopted this 20th day of Ociober, 1975. C. Robert Justmann Mayor Alvin F" Lundh James E. Brady Donald R. Meyers Councilmen ATTESrr: Leo F. Frommelt City Clerk EXHIBIT "A" COMMUNITY DEVELOPMENT COMMISSION I. Purpose and Charge A. The purpose of the Com. munity Deveiopment Commission is to assure that a fair cross sec- tion of the residents of the City of Dubuque fully participate in the continuous process of budgeting, developing, monitoring and evalu. ating the Community Deveiopment Block Grant Program. B. The Community Develop- ment commission is charged with the development of a community development program based on identifiable community develop. ment needs and objectives through the involvement of residents likely to be affected by community de- velopment and housing activities, the private sector, and local gov- ernment for submission to the City Council for their considera- tion. The neighborhood organization iu the communiiy development or- ganizational structure is the hasic grass-roots unit for analyzing prob- lems, recommending objectives and suggesting program strategies. It is understood that the Community Development Commission will rely heavily on the neighborhood or- ganization input when developing aud evaluating the total community development program. II. Me'mbership A. The Community Develop- ment Commission shall have a membership of not less thau twen- ty-nine persons, and they shall be appointed by the City Council of the City of Dubuque for a period of three years. Nine of the initial appointments shall be for a one- year term, nine of such appoint- ments shall be for a term of two years, and the balance of such ap- pointments shall be for a term of three years. Upon completion of their term of office, members shall continue to serve iu their full cap- acity until a successor has beeu duly appointed. The City Council shall solicit recommendatious from representa- tive organizations before making said appointments. B. Membership of the Commun- ity Developmeut Commission shall be limited to resideuts of the City of Dubuque. C. A vacancy caused by resig- nation or other reasons on the Community Development Commis- sion shall be promptly fiJIed by the City Council of the City of Du- buque for the uuexpired term of offjce in the manner prescribed in Section II. A. hereof. D. Members of the Community Development Commissiou shall at. tend at least 66% % of all regular- ly scheduled and held meetings within any twelve-month period. If any member does not attend the prescribed uumber of meetings, it shall constitute grounds, after hearing by the Community De. velopment Commission, for the Commission to recommend to the City Council that said member be replaced. E. No member of the Commun- ity Development Commission may be an employee of the City. F. Not more than one represen- tative from the same board or com- mission of the City of Dubuque may be a member of the Commun. ity Developmeut Commission at anyone time. G. All members of the Com- munity Developmeut Commission shall serve wiihout compensation except for reimbursement of auth. orized out-of. town travel expenses incurred in the discharge of their duties. H. The membership of the Community Development Commis- sion shall at all times include the following representation. 541 542 Special Session, October 20, 1975 1. Two representatives from each neighborhood organization that has beeu recognized by the City Council of the City of Dubu- que, located within a commuuity development target area, upon the recommendation of the Depart- ment of Community Development, and Me representative from each recognized neighborhood organiza- tion not included in a community development target area. 2. One union official 3. One elderly person 4. One housewife 5. One youth 6. One clergy 7. One handicapped person 3. One person from the legal profession 9. One person representing the business community 10. One person representing in- dustry 11. One person representing the arts 12. One person from organized labor (rank .& file) 13. A member of the Advisory Committee to the Department of Social Services 14. A member of the Human Rights Commission 15. A member of the Low-Rent Commission 16. A member of the Rehabil- itation Commission 17. A member of the Planning & Zoning 'Commission 18. A member of the Dubuque Advisory Commission 19. A member of the Dubuque County Historical Society 20. A member of the League of Women Voters 21. A member of the Park Board 22. A member of the Play. ground and Recreation Commission The City Manager and the May- or or their designates shall serve as ex officio members of the Com- munity Development Commission. The City Council wiJI review the membersbip on the Commission yearly to assure that it maintains a fair representation of the com- munity. HI. Organization A. The Community Devel<>p- ment Commission shall maintain the following Standing Committees, each of which shall be responsible for but not limited to the areas hereinafter described. 1. Public Improvements, Com. mittee This Committee wiJI study the public improvemcnt needs of the community on a geographic and/or neighborhood basis and establish improvement goals and priorities using such documents as the cap- ital improvement program, sireet improvement program, Victor Gru- en Plan and other programs and studies as they are applicable. 2. Cilizen Parlicipation & Infor- mation Committee This Committee is charged with initiating a public information and citizens involvement program in conjunction with the Community Development staff to A. Provide citizens with ade- quate information concerning the amount of funds available for pro- posed community development and housing activities, the range of ac- tivities that may be undertaken, aud other program requirements. B. Provide an open.ended method of communication' which systematizes the flow of informa- tion among the citizens, citizen groups, elected and appointed of- ficials. 3. Public Services Committee This Committee is charged with identifying the public service ueeds of the community on a geo- praghic and/or neighborhood bas. is, establishiug goals, objectives and priorities regarding these ser- vices, and reviewiug all fundihg requests for community develop- ment funds from public agencies in light <>f the identified needs. 4. Program Evaluation Commit. tee This Committe wiJI study the progress of community develop- ment activities, assess the effec- tiveness of those activities and de- velop strategies io remedy defic- iencies. Overall the Program Evalu- ation Committee wiJI review the community devel<>pment program to assure that it reflects the basic goals of benefiting low and moder- ate income families and aiding in the eliminatiou and preventiM of slums and blight. B. Each of the Standing Com- mittees shall be composed of not less than five members to be ap- Special Session, October 20,1975 543 pointed by the Chairman of the Community Development Commis. sion. The Chairman of each Stand- ingC<>mmittee shall be named by the Chairman of the Commission. C. The Executive Committee in cooperation with the Departmeut of Community Development shall prepare and submit alternative community development programs and program rationale to the Com- munity Development Commission for their discussion and evaluation. Final program recommendations shall be submitted by the Commis- sion to the City Council of the City of Dubuque for their consideratiou , and approval. In the event the City Council dis- agrees with any or all the recom- mendations of the Community De. velopment Commission, the City Council wiJI fully consult with the Commission prior to the submis- sion of any application to the u.s. Department of Housing and Urbau Development. D. The Community Develop. ment Commission may adopt rules, bylaws and regulations governing its organization and procedures as may be deemed necessary and which are not in conflict with tills document or any other resolutions and <>rdinances <>f the City of Du. buque. E. All programs, projects and the services to be performed by members of the Community Devel- opment Commission either singu. larly or as a Commission, must conform to the policies of the City of Dubuque aud to applicable local. state and federal laws, rules and regulations. F. Nothiug in this organization- al structure prohibits or prevents auy person or group of persons to inforroally or formalJy petition the Dubuque City Council or the city administration regarding the com- munity development program. IV. Meetings A. The Community Develop. ment Commissiou shall hold an or- ganizati<>nal meeting <>n a date selected hy the Mayor of the City of Dubuque and a reorgauizational meeting annually thereafter. B. Each Standing Committee shall be appointed in not more than fourteen days after the or- gauization and/or reorganization of the Community Development Com- mission. C. The Community Develop- ment Commission shall file with ihe City Council a copy of the min- utes of each regular' and special meeting of the Commission within ten working days after each such meeting. D. A majority of the Commis. sioners shall constitute a quorum for the purpose of conducting busi- ness and exercising such powers as delegated to them by the City Council. Action may be taken by the Community Development Com- mission upon a majority vote of the Commissioners preslent, un- less in any case the bylaws of the Commission shall require a larger number. V. Staff A. The Community Develop- ment Coordinator for the City of Dubuque shalJ act as Secretary of the regular and special meetings of the Community Development Commission and shall record all votes, keep a record of all proceed- ings of the Commission and per- form such other duties incident to the office of Secretary. B. The Community Develop. ment Department shall have gen- eral supervision of the administra- tion and affairs of the Community Development Commission, subject to the direction of the Commission. The Department shall maintaiu the records of the Commission and shalJ be charged with the overall management, administration and operation of alJ community ,devel- opment programs. Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers. Nays - Councilman Stackis. October 14, 1975 Honorable Mayor ' and CityC<>uncii This is to advise you that the Washington Street Traffic Divert- ers Project has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommeud the ac- ceptance of the above named proj- ect. Gilbert D. ChavenelJe City Manager '-C-~-~'~-~"""~.'~~" <~~.,""""'_&~ - "' " ..~~ 544 Special Session, October 20, 1975 Councilmau Stackis moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady,Luudh, Stackis. Nays - Councilman Meyers. FINAL ESTIMATE RESOLUT,ION NO. 382.75 WHEREAS, the contract for the Washingtou Street Traffic Divert- ers Project has been completed and the City Eugineer has submit- ted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, uow therefore, BE IT 'RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $16,134.92. That $0 of the cost thereof shall be assessable Upou private prop, erty and $16,134.92 shall be paid from the Road Use Tax Fund 82- 5701.2311-00 Fund of the City of Dubuque. Passed, adopted and approved this 20th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Stackis. Nays - Councilman Meyers. (A Resolution Accepting Improve. menl) RESO'LUTION NO. 383.75 WHEREAS, the contract for the Washington Street Traffic Divert- ersProject has been completed and the City Manager has examiu. ed the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifi- catious and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the Cíty Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER >RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Fuud. Passed, this 20th adopted aud approved day of October, 1975. C. Robert Justmann ,Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilmau Lundh. Carried hy the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Stackis. ,Nays - Councilman Meyers. October 17, 1975 Honorable Mayor and City Council The Office of 'Planning and Pro. gramming for the State of Iowa has informed us that an additional $259,359 has been allocated to the City of Dubuque under Title VI of the Public Service Employmeut Program. This allocation is in ad- dition to $80,567 allocated to the City in Jauuary of 1975. The City of Dubuque has been designated as a Program Agent for the Office of Planning and Programming for both OETA Title II and CETA Title VI. Consequeutly we are submit- ting to you a contract that wiJI amend the contract signed by the City in January 1975 to identify the planned expenditure of the additional $259,359. Under the OETA Program signed in December of 1973, there are many different titles whereby the City is eligible for public assistauce funds. In January of 1975 the City signed a contract with the Office of Planniug and Programming for administration and operation of Title VI for funds of $80,567. At that time 8 employees were placed iu City employment; 5 of these employees were funded through June 30, 1976 and three through January 1, 1976. Special Session, October 20,1975 545 In September funds became available under Title II which is related to conditions when unem, ployment in the community ex- ceeds 6'12%. The amount of funds available between September and June 30, 1976 was $78,602. At that time we contacted local ageucies in the City and made arrangements for employment of 15 people. With the additional funds now availahle to the City we have con- tacted outside eligible agencics and also our own City departments as to how these fuuds could be effec- tively utilized. On evaluation of both requests of departmeut heads and requests from outside agencies we are proposing 22 people be as. signed to the outside agencies with the expenditure of $110,544, the addition of 22 positions for the City of Dubuque and continuation of the funding of the three existing CETA positions from January 30, 1976 - June 30, 1976. we believe that the majority of the positions requested for the City are positions that can be terminated on June 30, 1976. A number of these positions would be in a public service pool where the personnel would be as- signed to special projects that could not be performed under our present budget. We believe that these projects will be beneficial to tbe community and will be effec- tive utilization of the CETA funds. Attached is a Resoiution which we would ask that you adopt. This Resolution authorizes the Mayor to sign a contract for the admiu. istration and expenditure of the additional Title VI funds. Francis A. Murray Assistant City Manager Mayor Justmann moved that the I communication be received sud filed. Seconded hy Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays - Councilman Brady. RESOLUTION NO. 384.75 RESOLUTION AUTHO'RIZING THE MAYOR TO SIGN A CON. TRACT FOR THE ADMINIS- TRATION AND OPERATION OF A PUBLIC SERVICE EMPLOY. MENT PROGRAM UNDER TITLE VI OF PL 93.303. WHÐREAS, the Federal Govern- ment has enacted the Comprehen- sive Employment and Training Act Title VI and has made funds avail- able to hire unemployed people; and WHEREkS, the Governor of the State of Iowa, through the Office for Planning and Programming, has designated the City of Dubu- que as a Program Agent; and WHEREAS, previously the City of Dubuque, in FY '76, has been allocated $80,567:00 under this pro- gram; and WHEREAS, additional funds in the amount of $259,359.00 have been allocated to the City of Du- buque for the purpose of expand- ing the Public Service Program in the commuuity; and WHEREAS, it is required of the City, as Program Agent, to submit an employment plan and contract with the Iowa State Office for Planning aud Programming: NOW, THEREFOHE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA that the Mayor is authorized to sign the Contract for Public Em- ployment with the Iowa State Of- fice for Planning and Program- ming. Passed, this 20th approved and adopted day of October, 197,5. C- Robert Justmann Mayor Alvin E.Lundh Emil Stackis Donald R. Meyers Councilmen ATl'ÐST: Leo F. Frommelt City Clerk Councilman Brady moved that the position of Equal Employment Officer be stricken from the Pro- gram. MOTION DIED FOR LAOK OF A SECOND. Mayor Justmann moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays - Councilman Brady. Communication of Attorney Jo- seph J. Bitter requesting the Mayor and Clerk to join in the vacation of the plat of Hawkeye Estates to begin the process of correction and 546 Special Session, October 20, 1975 final platting of a corrected plat, I presented and read. Councilman Stackis moved that the communi. cation be received and filed. Sec- onded by Councilman Luudh. Car- ried by the foUowing vote: Yeas - Mayor Justmann, 'Coun- cilmenBrady, Lundh, Meyers, Stackis. Nays-None. CITY OF DUBUQUE, ~OW A RESOLUTION NO. 385.75 WHEREÆS, by Resolution No. 128-73, passed, adopted and approv- ed by the Dubuque City Council on April 16, 1973, the Dubuque City Council did approve Lot 1 through 29 and Lot A in Hawkeye Estates in the City of Dubuque, Iowa, and did accept Hawkeye Drive and Iu- wood Avenue as public streets in the City of Dubuque, Iowa; and WHEREAS, on September 18, 1973, a correction plat of Lots 6 through 19 in Hawkeye Estates was filed in the Office of the Du- buque Coun,tyRecorde,r as Instru- 'ment No. 7492-1973 of the records of Dubuque County, which correc- tion plaLbrought doubt upon the exact location and legal signifi- cance of tl¡e platting procedure be- caUse 'the streets hádbeen changed on said correction plat; and 'wHEREAs, 'the Dubuque City Council" by Resòlution No. 274.75 pâssed;adopted and approved on July 21, 19~5, did approve the orig- inal p1af of Lot l'through 29, in- clusive and'Lot A all in Hawkeye Estate's, . and said Resolution was recorded' a, ,Instrument No. 5387- 1975, in the office of the Dubuque County Recorder, which Resolution appears to have confirmed and, ratified the earlier approval of the City of Dubuque of the original piat; and WHEREAS, it is the desire of all the owners of property located within Lots, 1 through 29 and Lot A in Hawkeye Estates, that any title problems that may exist by virtue of the above described procedures should be corrected, and all of the, streets which were previously dedi- cated to and accepted by the City of Dubuque should be vacated so that a. uew correction plàt of the -subdivision can be filed and the streets dedicated properly and ac- cepted by the City' of Dubuque; and WHEREÆS, the City of Dubuque beiug the owner of certain proper- ty within Hawkeye Estates, by vir- tue of the dedicatiou to and accept. ance by said City of the streets on said plat, is required to join in the vacation procedure, so as to guar- antee the proper location of the streets, and the elimination of any title defects that may exist by vir- tue of the above described proced- ures; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, as foUows: Section 1. The Application of the owners in Hawkeye Estates to va- cate all plats heretofore filed or approved, and the dedication and acceptance of any streets as located within said Hawkeye Estates, is hereby approved. Section, 2. The Mayor and City Cierk of the City of Dubuque are hereby authorized and directed to join on behalf of the City of Du- buque with the other owuers of property in Hawkeye Estates in seeking a vacation of all said plats previously filed and in signing on behalf of the City of Dubuque, a Petition for the vacation of any and all plats of, Hawkeye Estates, and any and aU stree,ts now exist- ing or which may exist iI1 said su,b- division. Passed" adopted and approved this 20th day of October, 1975. ,C.' Robert, Justmann Mayor Alvin E. Lundh Emil Stackis ' James E. Brady Donald'R. Meyers Councilmen ATTEST: Leo F. Frommelt , City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the folJowing vote: ' Yeas":" Mayor Ju.ìmann, Coun. cilmen Brady, Lundh, MeyerS, Stackis. Nays-None. October 17, 1975 Honòrable Mayor and City Council The City of Dubuque Planning and Zoning Commission has re- viewed the final plats of Hillcrest Road Dedication, which is that por- tion of Hillcrest Road 'lying be- Special Session, October 20, 1975 547 tweeu Carter Road and Pasadena Drive, in the City of Dubuque, Iowa. The Commission has found that the Hillcrest Road Dedication plats are in conformance with adopted development plans for the area and recommends your approval of the plats as submitted, pending confirmation of approval by the City Engineer's office. CITY PLANNING & ZONING COMMISSION Daniel Dittemore Development Planner Councilmau 'Stackis moved that the commuuication be received and filed. Seconded by Mayor Just- mann. Carried by the folJowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESO'LUTION NO. 386.75 Resolution approviug the plat and certificates dedicating Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Powers Place" (to be kuown as HilJcrest Road) in the City of Dubuque, Iowa. Whereas, there has been filed with the City Cierk a plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Powers Place" by Philip A. and Martha F,' Powers. Whereas, upon said plat appears street to be known as Hillcrest Road, which the Owners by said plat have dedicated to the public forever; and Whereas, said plat has been ex- amined by the City Plauning and Zoning Commission and has Its ap- proval endorsed thereon; and Whereas, said plat has been ex- amined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the street brought to grade, or paving, or water connection installed, etc.; NOW THEREFORE, BE IT RE- SOLVED BY THE ŒTY COUNCIL OF THE CIITY OF DUBUQUE, IOWA: Section I. That the dedications of Hillcrest Road, as the same ap. pear' upon said plat, be and the $ame are hereby accepted; Section 2. That the plat and cer. tificates dedicating Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Powers Place" (to be known as Hillcrest Road) in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor aud City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto sttached, agreeing; a. To reduce all streets to grade, and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with coucrete paving with inte- gral curb, all in accordauce with City of Dubuque Standard Spec, ifications, provided, however, this provision shalJ be applicable and operative upon Resolution of City Council of City of Dubuque to dedicate Hillcrest Road as platted and owners and develop- ers sgree to dedicate the same and who shalJ secure the im. provement of said roadway by appropriate surety, etc. b. To dedicate previously installed water mains and sanitary sewer mains and sewcr service laterals in accordance with plans pre- viously submitted; c. To instalJ water service laterals within the 50' wide street. d. To install storm sewers and catch basins in accordance with plans submitted with the plat; e. To instalJ concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct alJ improvements in compliance with any and alJ ap. plicable City of Dubuque Spec- ifications and as approved by the City Engineer. g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expeuse of the Subdivider and Martiu Luthcr Home people. 1. To construct said improvements, except sidewalks, prior to Sep- tember 1, 197£, and to construct the sidewalks prior to 'September 1, 1977. ~ 548 Special Session, October 20, 1975 j. To install in accordauce with City specifications, boulevard street lighting within thirty (30) days after the completion of the adjacent curb and gutter within auy particular section of the pro- posed subdivision; and further provided that said owners of said Subdivisiou, secure the perform- ance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to thc City Manager. Section 3. That in the eveut the owuers shali fail to execute the ac- ceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be nuli and void and acceptance of the dedication and approval of the plat shali not be effective. Passed, adopted and al'proved by recorded roll cali this 20th day of October, A.D., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 386.75 We, the undersigned David J. Powers, Philip A. powers, Martha F. powers having read the terms and conditions of the foregoing Resolution No. 386-75 and being familiar with the conditions there. of, hereby accept the same and agree to perform the conditions required therein. Dated at Dubuque, Iowa, this 23 day of Oct., 1975. David J. powers Philip A. Powers Martha F. powers TO: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTfON NO. 3116-75 has been furnished by the owners. Dated at Dubuque, ,Iowa, this 17th day of November, 19'75. Gilbert D. Chavenelie City Manager Councilman Stackis moved adop. tion of the resolutiou. Seconded by Mayor Justmann. Carried by the following vote: Yeas-Mayor Justmann, Couu- cilmeu Luudh, Meyers, Stackis. Nays - Councilmau Brady. RESOLUTION NO. 387.75 RESOLUTION APPROVING THE DEDICATION OF AN AREA KNOWN AS "HILLCREST ROAD" IN THE PLAT OF "AS- BURY SPRINGS SUBDIVISION NO- I" IN THE CITY O'F DU- BUQUE, IOWA WHEJREAS, there has beeu filed with the City Clerk a plat dedicat- ing an area, outlined in "red", to be known as "HiJicrest Road" in the subdivision of Asbury SprIngs Subdivision No.1 in the City of Dubuque, Iowa, as Asbury Springs, Ltd., a limited partnership, and Donald J. Kaiser and Jo Ann C. Kaiser, husband and wife, the own- ers; and WiHEREAS, this City Council of the City of Dubuque approved a final plat of Asbu'ry Springs Sub. division No.1 in the City of Du- buque, Iowa by 'Resolution No. 356-75, dated September 29, 1975, and in such final plat there was located 25 it. utility easement areas on Lots 2, 3 and 4 of Asbury Springs Subdivision No. land this City Council in Resolution 356-7'5 resolved that the owners of As. bury Springs SubdivIsIon No.1 were not required to reduce the streets to grade and to construct concrete curb and gutters and hard surface bituminous concrete, or concrete paving with integral curb, in accordance with the City of Du- buque standard specifications pro- vided however, such improvements shall become applicable and opera. tive upon resolution of the City Council of the City of Dubuque to dedicate Hi1lcrest Road as platted, and owners and developers agreed to dedicate same and secure the improvement and by appropriate surety bond. WHEREAS, the owners nOw peti- tion the City of Dubuque to dedi- cate such Hillcrest Road area and upon said plat appears the street area, outlined in "red", to be known as Hilicrest Road, together with certain public utilities whièh Special Session, October 20, 1975 549 the owners by said plat have dedi- cated to the public forever: and WHEREAS, said plat dedicating Hi1lcrest Road has been examined by the City Planning and Zoning Commission aud has its approval endorsed thereon; and WHEREAS, said plat dedicating Hi1lcrest Road has been examined by the City Council aud they find that the same conforms to statutes and ordinances relatiug thereto, ex. cept that street grades have not beeu established, the street brought to grade, or paving, or water in- stalied; NOW 'i1HEREFORE, BE IT RE- SOLVED BY THE OlTY COUNCIL OF 'I1HE OIITY OF DUBUQUE, IOWA: Section 1. That the dedications of Hillcrest Road, as the same ap- pear upou said plat, be and the same are hereby accepted; Section 2. That the plat dedicat- ing "HiJlcrest Road" iu Lots 2, 3 and 4 of Asbury Sl'rings Subdivi. sion No.1 in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized aud directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said l'roperiy herein uamed, exe- cute their written acceptance here- to attached agreeing; a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete paving with inte. gral curb, ali iu accordance with City of Dubuque Standard Spec- ifications; Provided, however, this provision shali be aPl'licable and operative upou Resolution of City Council of City of Dubu- que to dedicate Hi1lcrest Road as platted aud owners and develop- ers agree to dedicate same and who shali secure ihe improve. ment of said roadway by ap- propriate surety, etc. b. To dedicate previously instalied sanitary sewer mains and sewer service laterals in accordauce I with plans previously submitted; c. To instali water mains and water service laterals with the 50' wide street to connect au existing main at the intersection of HiIl- cresi Road and Pasadena Drive with an existing main terminated at the Northwest (I\1W) corner of Lot 2 of Lot 1 . 1 - 1 of Pow- ers Farm; d. To instali storm sewers and catchbasins in accordance with plans submitted with the plat; e. To instali concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct ali improvements in compliance with any and ali ap- plicable City of Dubuque Spec- ifications and as approved by the City Engineer; g. To maintain the foregoing im- provements for a period of four (4) years from ihe date of their acceptance by the City of Dubu- que, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Asbury Springs, Ltd., a Limited Pamership and Donald J. Ka,iser and Jo Ann C. Kaiser, Husband and Wife, as owners; i. To construct said improvements, except sidewalks, prior to Se,p. lember 1, 1976, and to construct the sidewalks prior to Seplem. ber 1, 1977. j. To install in accordance with City specifications, boulevard street lighting within thirty (30) days after the completion of the adjacent curb and gutter within any particular seetion of the pro- posed subdivision. and further provided that said As- bury Springs, LId., a Limiled Part. nership and Donald J. Ka,iser and Jo Ann C. Kaiser, Husband and Wife, as owners of said Subdivision, secure the performance of the fore- going conditions by providing se- curity in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event As- bury Springs, Ltd" a Limiled Part. nership, and Donald J. Ka,iser and Jo Ann C. Kaiser, Husband and Wife, shali fail to execute the ac- ceptance and furnish the security provided for iu Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall ,be nuli aud void and acceptance of the dedication and approval of the plat shall not be effective. 550 Special Session, October 20, 1975 Passed, adopted and approved by recorded roll call this 20th day of October, AD., 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk We, the undersigned Asbury Springs, Ltd., a Limited Partner. ship, and Donald J. Kaiser and Jo Ann C. Kaiser, husband and wife, haviug read the terms and condi- tions of the foregoing Resolutiou No. 387.75 and being familiar wiih the conditions thereof, hereby ac. cept the same and agree to per, form the conditions required there- in. Dated at Dubuque, Iowa, this 23 day of Oct., 1975. Jo Ann C. Kaiser Donald J. Kaiser kSBURY SPRIINGS, LTD., a Limited Partnership; By: David J. Powers General Partner And: Paul W. Powers General Partner ATTEST: Leo F. Frommelt City Clerk This is to certify that the secur- iiy provided by the foregoing RESOLUTION NO. 387-75 has been furnished by the owners. Dated at Dubuque, Iowa, this 17th day of November, 1975. Gilbert D, Chavenelle City Manager Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays-Councilman Brady. RESO'LUTION NO. 388.75 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 Ciiy Council of the City of Dubuque, 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 Sessiou, 64th General As- sembly. CLASS "B" (HOTEL.MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Bette O. HeJling, 701 Dodge street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Orville P. Murphy (Also Sunday Sales), 139 Locust Street Homan T. Chan (Also Sunday Sales), 1>63.0 E. 16th Street Passed, adopted and approved this 20th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays - Councilman Brady. RESOLU1'ION NO. 389.75 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Couucil, 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 appli. cants a Liquor License. CLASS "B" (MOTEL.HOTEL) BEER AND LIQUOR LICENSE Anthony A & Bette O. HeJling, 701 Dodge Street CLASS "C" (COMMERCIAL) BEER AN,D LIQUOR LICENSE Orville 'Po Murphy (Also Sunday Sales), 139 Locust Street Homan T. Chan (Also Sunday Sales), 1630 E. 16th Street ~,",,"'~""""""""-""-'--'" Special Session, October 20, 1975 551 Passed, adopted and approved this 20th day of October 197'5. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt Ciiy Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Lundh, Meyers, Stackis. Nays - Councilman Brady. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ................_.1976 Adopted ..........-....._..1976 """""""""""'..................................... ..................-........................................ ............................................................ """"""""""'....................................... """""""""""""-"""""'...................... Councilmeu Attest: """"'ëiïÿ"ëi~~k""""""""""'" Special Session, October 24, 1975 Special Session, October 24, 1975 553 552 Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. CITY OF DUBUQUE MUNICIPAL PRIMARY ELECTION HELD OCTOBER 21, 1975 CANVASS HELD OCTOBER 23, 1975 State of Iowa, Dubuque County, ss: We the undersigned members of the Board of Supervisors acting as a Board of Canvassers, do here- by certify that the following is a true and correct absiract of the votes cast for each of the City Council Candidates in the City of Dubuque Primary Election held October 21, 1975 as listed and enumerated hereiubelow by pre- cinct and in accordance with the respective returns from the pre- cinct election officials. We further certify that at said primary election that the four can- didates receiving the highest num. ber of votes in the Primary to the extent of twice the number of un- filled positions, or two positions, as per sections 376.7 and 376.8, Iowa Code 1975, are declared nom- inated and to be placed upon the ballot for the regular city election November 4, 1975. We, the undersigned members of the Board of Supervisors of Du- buque County, Iowa and ex-officio Board of Canvassers for said County, do hereby certify that at the Municipal Primary Election held October 21, 1975 the folJowing persons were elected to have their names placed on the General Municipal Election ballot as candi- dates for the office of City Coun- cilman: ber 4, 1975 General Election for the office of Park Commissioners. The, following were nominated by petitiou. Thomas G. Schrup-Regular Term ,6 years David J. Willoughby - Unexpired term to 12-31-77 Patricia O'Brien - Unexpired term to 12-31.77 C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis Donald R. Meyers James E. Brady Councilmen CITY COUNCIL OFFICIAL Special Session" October 24, 1975. Council met at 4:30 P.M. (C.D.T.) Present - Mayor Justmann, coun. cilmen Brady. Lundh, Meyers, Stackis. City Manager Gilberl D. Chavenelle. Mayor Justmann read the call and stated that service thereof had been duly made and this meeting is called to ACCEPT THE CAN- VASS ji1ROM THE COUNTY BOARD OF SUPERVISORS SHOW. ING RESULTS OF 1\HE PRIMARY ELECTION FOR COUNCILMEN WHJOH WAS HELD ON OCTOBER 21, 197'5, and acting upon such other business as may properly come before a Regular Meeting of the Council. Proof of publication, certified to by the Publisher, of Official Sam- ple BalJot, for the Primary Elec- tion held Tuesday, October 21, 1975, presented and read. Council- man Meyers moved that the proof of publication be received and fil- ed. Seconded by Councilman Lundh. Carried by' the following vote: Richard Wertzberger Thomas A. TulJy, Jr. John ,G. Lammers Edna M. Thompson In testimony, whereof, we have hereunto set our hands and caused this to be attested to aud sealed by the County Auditor as Commission- er of Elections, this 24th day of October, 1975. Donald C. Meyers, Chairman Board of Canvassers Wilfred Bahl, Member Board of Canvassers Ray Scherrman, Member Board of Canvassers (Absent) ATTEST: Leo F. Frommelt City Clerk Councilman Meyers moved that the acknowledgment of canvass be received and filed snd made a Mat. ter of Record. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. There being no further business, Councilman Stackis moved to ad- journ. Seconded by Councilman Meyers. Carried by the folJowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Leo F. Frommelt City Clerk ATTEST: Harold P. Meloy Commissiouer of Electious Councilman Brady moved that the Canvass be received and filed and made a Matter of Record. Sec- onded by Councilmau ,Meyers. Car- ried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. .. .. ~ .. 0( I- 0 I- 322 168 220 448 218 215 185 182 }53 239 365 333 436 310 307 302 416 286 390 303 319 283 307 423 317 76 .. w to .. w ~ w ;¡: 181 98 121 240 n9 130 63 102 79 137 257 238 324 218 188 195 286, 197 269 184 217 195 224 310 215 56 z 0 .. .. :IE 0 :c I- 63 41 45< 91 37 33 41 40 33 52 ~6 61 54 61 56 47 39 52 44 47' 67 47 44 3,6 46 7 I- Z ~ .. .. > 13 6 14 31 14 21 24 16 9 8 13 23 10 10 20 16 18 ]6 18 24 14 27 19 9 17 0 I- U Z Ü w .. .. ~ ~ 60 27 35 72 38 32 51 31 39 51 67 64 102 53 65 65 84 5<0 76 63 61 45 49 110 68 18 ~ .. ::> I- 206 In 133 297 120 122 98 105 80 160 260 210 296 167 194 195 294 184 264 175 224 195 201 308 248 47 .. ~ 62 22 37 72 33 35 39 23 20 16 16 21 24 22 31 24 26 20 25 10 n 13 32 20 12 6 :c u ¡¡; " 1 21 2 13 3 26 4 37 5 26 6 29 7 14 8 17 9 14 10 14 n 15 12 8 13 8 14 23 15 23 16 19 17 23 18 15 19 17 20 13 21 10 22 5 23 15 24 10 25 4 Absentee 5 I- Z ::> :c 19 12 1-5 39 24 17 24 17 9 18 22 16 13 21 19 27 28 16 42 57 23 21 n 7 13 3 October 24, 1975 Honorable Mayor and City Council We hereby acknowledge receipt of the canvass from the Dubuque County Board of Supervisors of the Municipal Primary Election held on Tuesday, October 21, 1975, for the offices of City Councilmen. The Canvass indicates that the folJowing named persons wil1 ap- pear on the ballot for the General Election to be held on November 4, 1975. FOR COUNCILMEN-AlJ nom- inated by Primary Election, for the term commencing the second secu- lar day in January 1976. Thomas A. TulJy 4,914 votes Richard Wertzberber 4,843 votes John G. Lammers 1,476 votes Edna M. Thompson 1,229 votes The folJowing named persons should also appear on the Novem- Approved ..................1976 Adopted ...................1976 ............................................................ ............................................................ ............................................................ """"""""""""""ëöu;ïëiiIDèñ""""'" Attest: """ëiïÿ"ëïèrk""""""""""'" --------- Totals 424 533 1,476 1,229 4,914 41() 677 4,343 7,628 554 Special Session, October 27,1975 CITY COUNCIL OFFICIAL Special Session, October 27, 1975. Council met al 7:30 P.M. (C.S.T.) Present-Mayor Justmann. Coun- cilmen Brady, Lundh, Meyers, Stackis. City Manager Gilbert D. Chavenelle. Invocation was given by Sister Joan Doýle, President of Mt. Car. mei Convent. Mayor Justmann read the cali and stated that service thereof had been duly made and this ¡neetiug is calied for the purpose of CON- DUCTING A PUBUC HEARING ON A PROPOSED LEASE WITH rIlE DUBUQUE BARGE & FLEET- ING SERVICE COMPANY THROUGH THE DOCK COMMIS- SION and acting upon such other business as may properly come be- fore a .regular meeting of the Gouncil. Mayor Justmann signed a proc- lamation proclaiming the week of November' 9th thru 15th, ~975, as "Salute To Marines Week". RESOLUTION NO. 392.75 RESOLUTION URGING SERIOUS CONSI'DeRATION OF AN AF. FiRMATIVe VOTE ON THE DU. BUQUE COMMUNITY SCHOOL DISTRICT BOND REFERENDUM WHEREAS quality education is of prÌlpeimportance to the Com- munity of Dubuque and the citi- zens thereof, including future citi- ~efisnow iu our schools,who will be affected by this referendum for 'years to come: and WHERENS the Junior and "Sen. ior High Schools are drastically overcrowded including: Jefferson overcrowded by 99 students, Wash. ington overcrowded by 448 stu. dents, Senior, High by 251, and Hempstead by 518; and WHEREAS many quality educa- tional programs, vocational pro-' grams, athletics, and Aris and cul- tural programs are being hindered or limited by inadequate facilities and overcrowding, often ending in eliminating or limiting of both programs or students; and WHEREAS cost of education is of critical concern to taxpayers in the Dubuque Community School District, and,. whereas the citizens deserve the best possible use of their tax doliars: NOW, THEREFORE, BE IT RE- S()!LVED BY THE CITY COUNmL OF 'rnE C1TY OF DUBUQUE, IOWA Section, 1. That ali citizens in the City of Dubuque and the Dubuque Community School District are urged to get out and vote on this critical issue; and Section 2. That due to the ser- iousness of the issue and the nine years of overcrowding that are yet to come, that the citizens seriously consider the values of an affirma- tive vote. Passed, approved and adopted this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEJST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by tbe foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers; Stackis. Nays ,~ None. Communication from the 'Gover- nor of the State of Iowa prese!lting a State Flag for t)1e Airport was accePted by, Airport Commissioner, Stacey Murdock, with ,appreciation. Communication of Hempstead Senior High School Spee'ch, Arts Class expressing appreciation for being able to attend the Council meeting of October 13, 1975, pre- sented and read. Councilman Mey- ers moved that the communica- tion be received and filed. Second- ed by Councilman Brady. Carried by the following vote: Yeas ~ Mayor Justmanu, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Five Flags Corporation submitting items of cost in a lump sum of $12,000. 'ås received from an architectural firm for work concerning the pro- posed Civic Center and requesting time to discuss the proposal, pre- sented and read: Mayor Justmann Special Session, October 27, 1975 555 moved to suspend thc rules to let anyone present sddress the Couu. cil if they so desire. Seconded by Councilman Lundh. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Dave Clemens addressed the Council and spoke to the subject. Mayor Justmann moved that the eommuuication be received and filed and the Council embrace con- ceptualiy the idea of a Five Flags Civic Ceuter and instructed Dave Clemens to proceed, but final con, tract is subject to Council ap- proval. Seconded 'by Councilman Stackis. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - Noue. Communication of Dubuque Arts Council submitting a motion dis. cussed at their meeting of October 15th suggesting the return of the original model of the Contiuuum to the Dubuque Arts Ass'n., pre- sented and read. Councilman Brady moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the foliowing vote': Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Dock Com- mission submitting minutes of their meeting of October 8, 197õ, presented and read. Mavor Just- mann moved that the minutes be received and filed. Seconded by Councilman Stackis. Ca/cried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of League of Iowa Municipalities advising that if the City wishes to host the 1976 League Couvention, a formal in. vitation should be submitted be- fore November 5, 1975. Council- man Brady moved the communica. tion be' received and filed. Second- ed by Councilman Stackis. Car. ried by the foliowing vote: Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 24, 1975 Honorable Mayor and City Council You have for consideration a letter from the League of Iowa Municipalities about selecting the convention site for the 1976 an- uual meeting. I attach a letter received from Mr. Wittenberg indicating that it is possible to hold the convention in Dubuque. Would you please advise us about submitting a convention ap. plication to the League. Gilbert D. Chaveuelie City Mauager Councilman Brady moved that the communication be received and filed and the City Manager be authorized to apply and the Man- ager be authorized to sign. Second. ed by Councilman Stsckis. Carried by the foliowing vote: Yeas - Mayor Justmanu, Coun, cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of A. L. Weitz oPPosing the zoning of "sexualiy explicit or prurient nature" as be- ing harmful to the citizens, pre. sented and read. Couucilman Stackis moved that the communica- tion be received and filed and re- ferred to the Planning & Zoning Commission. Seconded by Council- man Meyers. Carried by the fol. lowing vote: Yeas - Mayor Justmann, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Peoples Natu- ral Gas submitting a revised in. crease of 11.'66~ per thousaud cubic foot being a reduction of 1.06~ from previous information from the wholesale provider, presented and read. Councilman Stackis mov- ed that the communication be re- ceived and filed. Seconded by Councilman Lundh. Carried by the foliowing vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. 556 Special Session, October 27, 1975 Communication of Dubuque Con- servation Society submitting a resolution being opposed to the Dubuque Industrial Bureau's pro- posal to fill in a portion of the Mississippi Pool above Lock & Dam #II, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Brady. Carried by the following vote: I Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communieation of Lynn & Mary Jo Beauchamp of 1010 Althauser, objecting to an alley being enclos- ed by one of the neighbors and requesting the City to open UP said alley for public use, presented and read. Lynn Beauchamp addressed the Council and spoke in behalf of his petition. Mayor Justmann moved that ihe communication be refer- red to Staff and City Attorney for investigation and report. Seconded by Councilman Stackis. carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Dubuque Glass Co. Inc. requesting clarification of I various parts of the Building Code as it affects his business of glass & glazing, presented and read. Mayor Justmann moved that the communication be received and filed and referred to the Buildiug Code Committee. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Copy of communication suhmit- ted by H. E. Gunnerson of DOT advising James Clark of Galena, Ill. that the City of Dubuque has rejected the red, white aud blue color scheme for the Julien Dubu- que Bridge, so it wilJ not be util- ized, presented and read. Mayor Justmann moved that the com- munication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas -Mayor Justmann, coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Mrs. Jack N. Hamby of Oakiand, Calif. as being in favor of a red, white and blue bridge, presented and read. Mayor Justmann moved that the com- munication be received aud filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of 'Publication, certified to by the publisher, of List of re- ceipts, disbursements and claims for the month of September, 1975, preseuted and read. Mayor Just- mann moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Communication of Low-Rent Housing Commission submitting minutes of their meeting of Octo- ber 21, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Communication of Youth servic- es Board of Directors submitting minutes of their meeting of Sep- tember 30, 1975, presented and read. Councilman Stackis moved that the minutes be received and filed. Seconded by Councilman Lundh. carried by the following vote: yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, MeyerS, Stackis. Nays - None. October 24, 1975 Honorable Mayor and City Council The Wiscousin Department of Transportatiou has forwarded a copy of the draft Environmeutal Impact Statemeut for the proposed location of an improved U.S. 61-151 from DickeyviJIe, Wiscousin south- ward to a new City Island Bridge approach. The public hearing for this project wilJ be held on Novem- ber 13th in DickeyvilJe. Auticipating .that you may wish to be represented at the public Special Session, October 27, 1975 557 hearing and that you may wish to adopt a formal position with regard to the project, we have enclosed copies of the summary portion of the draft EIS for your review. The Wisconsin Department of Transportation has also provided a large sketch map ilJustrating the project which is available for your inspeciion. The staff of the Wisconsin De. partment of Transporiation has re- ported their wilJiugness to come to Dubuque and present the proposed project in more detail, if you so desire. Iu any case, we hope you wilJ inform us of your wishes to comment upon the project. DUBUQUE METROPOLITAN AREA TRANSPORT)\.TION STUDY TECHNICAL COMMITTEE by Daniel Dittemore City Development Plauner Councilman Stackis moved that the commuuicatiou be referred to Dan Dittemore for proper resolu- tion. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cihnen Brady, Lundh, Meyers, Stackis. Nays-None. Notice of Suit of Joyce Ann & Carol Ann MilJer, in the amount of $50,000, for persoual injuries plus car damages, incurred as the result of driving over defective railroad tracks on East 7th Street on Sep. tember lO, 1975, presented and read. Councilman Brady moved that the notice of suit he referred to the City Attorney for proper pro- ceediugs. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. October 20, 1975 Honorable Mayor and City Council Over the past peroiod of ap- proximately a year, from time to time respective claims have been filed with the City arising out of the general contract between the City of Dubuque, Iowa and M. F. Goerdt Construction Co. wherein the followiug named claimed un- paid balances owing them on their respective sub-contracts as follows to-wit; Bert Gurney and Associates $;66,885.00 Giese Sheet Metal 51,756.68 Jackson"Rand Corporation 18,138.15 The respective claims have been referred by the City Council to the City Manager and City Attorney, and the City Manager in turn has referred same to the City Attorney. The City Attorney's office has met from time to time on these matters with all parties concerned and the matter was finally resolved on the 29th day of September, 1975, and all of the claimants who filed claims with the City Council have received payment and have filed their release of claim and lien waiver with the City Engineer. In my opinion this concludes the matter aud nothing further need be done in the opinion of this writer. Copies of the respective claims are hereto attached. R. N. Russo, City Attorney Councilman Brady moved that the communication be received and filed. Seconded by Councilman Mey,ers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Luudh, Meyers, Stackis. Nays - None. Petition of Wm. H. Smith et ai, residents of Victorja Place, re- questing theereclion of two street lights between the intersection of Diane Court and Victoria Place and the turuaround at the end of Vic- toria, presented and read. Mayor Justmann moved that the petition be referred to the City Mauager and Electrical Inspector for inves- tigation aud report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Proof of Publication, certHied to by the Publisher, of Notice of Pub- lic Hearing to consider a proposed lease aud Agreement by and be- tween the City of Dubuque, through its Board of Dock Com- missioners and Dubuque Barge & Dock Commisioners be and they are hereby authorized and empow- ered to execute said lease for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen 558 Special Session, October 27, 1975 Special Session, October 27, 1975 559 Fleeting Service Company, present- ed and read. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Staci<!s. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESOLUTION NO. 393-75 WHEREAS, pursuant to Resolu- tion and published notice of time and place of hearing, published in the Telegraph.Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on Octo- ber 16, 197'5, the City COuncil of the City of Dubuque, Iowa met on the 27th day of October, 1975 at 7:30 o'clock P.M. (Central Standard Time) in the City Council Cham- bers, City Hall, Dubuque, Iowa to consider the proposal to lease land owned by the City of Dubuque, Iowa to DUBUQUE BARGE & FLEETING SERVICE COMPANY which real estate is described as follows: That 100 foot (100') wide strip of land located between north side of the Ice Harbor and the south property line of the easterly 7.04 feet of Lot 6 and Lots 7 through 21, inclusive, of Biock "E" and Lots 1 through 12, in- clusive, òf Block "L", and the southerly terminus of Bell Street in Booth's Addition in the City of Dubuque, Iowa, beiug further described as that property identi- fied as Newt Marine Service Lease and; WHEREAS, there being no oral or written objections to the pro- posed lease received by the City Council of the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OIF DUBUQUE, IOWA: Section I. That the lease between the City of Dubuque, Iowa by and through its Board of Dock Com- missiouers and the Dubuque Barge & Fleeting Service Company be and the same is hereby approved and that the terms and provisions of said proposed lease are hereby ratified. Section 2. That the Board of Councilman Brady moved that the communication be referred to Council. Seconded by Councilmau Stackis. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. RESO'LUTION NO. 394-75 RECOGNITION OF NEIGHBOR. HOOD ORGAN'lZATIONS FOR MEMBERSHIP ON THE COM- MUNUY DEVELOPMENT COM. MISSION Attest: Leo F. Frommelt City Clerk Councilman Stackis moved to ratify the lease and instruct the Dock Board to execute said lease. Seconded by Mayor Justmann. Car- ried by the following vote: Yeas - Mayor Justmann, Coun. cilmen Brady, Lundh, Meyers, Stackis. Nays~None. WHEREAS, there has been es. tablished withiu the City of Dubu- que a Community Development Commission to assure that a fair cross section of the residents of the City of Dubuque fully partici- pate in the continuous process of budgeting, developing, monitoring and evaluating the Community De. velopment Block Grant Program; aud WHEJREAS, the Community De- velopment Commissiou provides for representation from ueighbor- hood organizations in numbers based upon their location within and without program target areas; now therefore REITRæO~rnBYTHECITY OOUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That based upon the recommendation of the De- partment of Community Develop- ment, the following neighborhood organizations are located withiu project target areas and are en- titled to two represeutatives each for membership ou the Community Developmeut Commission. North Dubuque Improvemeut As. sociation, Inc. Washington Neighborhood Coun. cil Fourth Street Neighborhood As- sociation Eleventh Street Association SECTIION 2. That based upon the recommendation of the Department of Community Development, the following neighborhood orgauiza. tions are located without project target areas and are entitled to one representative each for memo bership on the Community Devel- opment Commission. October 24, 1975 Honorable Mayor and City Council The City Council, on October 20, 1975, adopted a resolution creat- ing a Community Development Commission for the City of Du- buque. Our Community Development De- partment in now developing pre- liminary plans for the preparation of an application for funds in FY 77. The Community Development Department would desire to con- duct citizen meetings In the first week in December aud to have their plans relatively well formal- ized for budget hearings in January and February. The Community Development Department is desirable of having the participation of the Community Development Commission in this process. Consequently it would be advsutageous if the City Council could, within the next two weeks, appoint members to this newly formed commission. If the com- mission members are appointed by November 15, it would give the commission an opportunity to or- ganize themselves into respective committees prior to the citizen hearings to be held in early Decem- ber. Francis A. Murray Assistant City Manager Point Neighborhood Association West Eud Homeowners Associa- tion Passed, approved and adopted this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt Ctiy Clerk Mayor Justmann moved adop- tion of the resolulion. Seconded by Couucilman Brsdy. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays-None. Petition of Ford Leasing Devel- opment Company aud Kopper-Pow- ers Ford Inc., requesting aunexa- tion of their property on U.S. High- way #20, preseuted and read. Attorney Leo McCarthy, repre- senting Kopper-Powers Ford Inc., spoke to the Council on the peti. tion and request. Councilman Brady moved that the petition be granted. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 395.75 WHEREAS, the owners of an area approximately 21.311 acres in size lying immediately westerly of the city limits of the City of Du- buque, Iowa now voluntarily peti- tion the City Council for annexa- tion of their property to the City of Dubuque, Iowa: and WHEltE'AS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services of said territory if iucor~ porated within the city limits of the City of Dubuque, Iowa; and tions Act provides for the govern- ing body to appoint a designee to represent the City in busiuess mat- ters associated with certified bar- gaining units. This designated per- son would represent the City of Dubuque in subjects related to negotiaiions, implemeutation of employee agreements and other provisions as enuuciated in this Act. As you know, certain .groups of employees iu the City of Dubuque have selected exclusive bargaiuing ageuts. Some of these agents have been certified by the Pubiic Em. ployment Relations Board, and others are in the process of being certified. Under provisions of the law, the bargaining process with certified agents must commence prior to November 15, 1975. In order to be in compiiance with the Act we would ask that you adopt a resoiution authorizing the City Mauager, or his designee, as the official bargaining representa. tive for the City of Dubuque. Gilbert D. Chavenelle City Mana,ger Councilman Stackis moved that the commuuication be received and filed. Seconded by Councilman Lundh. Carried by the foliowing vote: Yeas - May-or Justmann, Coun. cilmen Brady, Luudh, Meyers, Stackis. Nays - None. RESOLUTION NO. 396.75 RESOLUT,ION D,ESIGNATING THE CITY MANAGER AS AUTHORIZ- ED BARGAINING REPRESENTA. TIVE FOR THE CITY OF DUBU- QUE, IOWA WHEREAS, the 65th General As- sembly adopted the "Public Em- ployment Relations Act", Chapter 20, Code of Iowa, 1975: aud WHEREAS, the Act provides provisions for permitting public employees to organize and bar- gain collectively; and WHEREAS, some City of Du- buque employees have selected ex- clusively bargaining agents; and WHEREAS, these bargaining agents have been certified by the Public Employment Relations Board; and WHEREAS, the Act provides for the public employer to appoint or 560 Special Session, October 27, 1975 WHEREAS, Chapter 368, Code of Iowa (1975) authorizes the exten- sion of city limits in situations of this character by the adoption of a resolutiou therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa, NOW THEREFORE BE IT RE. SOLVF1D BY THE OlTY COUNCIL OF THE CITY OF DUBUQUE, ~OWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be and they are hereby ex- tended to include the area compris- ing the following described real estate: That parcel of real estate de. scribed as Iowa Department of Trausportation property and the Kopper-Powers Ford, Inc. prop. erty lu Exhibit "A", hereto at- tached and by reference made a part hereof. The property to be annexed is as shown on the plat marked Exhibit "A" attached hereto, and by this reference made a part hereof, the boundaries of said area being out- lined in red thereon. Section 2- The territory hereby annexed shall become and be part of the thirteenth Voting Precinct to the City of Dubuque, Iowa. Passed, approved and adopted this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Brady moved adop- tion of the resolution. Seconded by Mayor Justmann. Carried by the foliowing vote: Yeas - Mayor Justmaun, Coun. cilmen Brady, Luudh, Meyers, Stackis. Nays-None. October 24, 1975 Honorable Mayor and City Council The Public Employment Rela. Special Session, October 27, 1975 561 ATTEST: Leo F. 'Frommelt City Clerk Councilman Stackis moved adop. tion of the resolution. Seconded by Couucilman Lundh. Carried by the foliowing vote: Yeas - Mayor Justmaun, Couu- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 397.75 BE IT RESOLVED by the City Couucil of the City of Dubuque, Iowa, that the foliowing having complied with thc provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. James Rupp and Merwin Rupp, Rupp's Texaco, 2297 University Avenue Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmeu authorize a bargaining representa- ' tive for the purpose of bargaining with the public employees or their representative. NOW, THEREFORE, BE IT RE- SCJlLVEiD BY THE CITY GOUNCrL OF DUBUQUE, IOWA, that the City Manager or his desiguee, either of who has the authority to represent the City of Dubuque, as the official Bargaining Representa. tive in conformauce with Chapter 20, Code of Iowa, 1975. Passed, adopted and approved this 27th day of October, 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilmau Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the foliowiug vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 398.75 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOiLVF1D by the City Council of the City of Dubuque, Iowa, that the folio wing applications be granted and permits Issued upon the com- pliance with the terms of the Ordi- uances of the City. CLASS "B" BEER PERMIT John F. Glynn, 760 East 16th Street CLASS "C" BEER PERMIT Kay Janet Nemmers, 250 West 1st Street Florence E. Chalder, 113 Main Street Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald R. Meyers Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 399.75 WHEREAS, applications for Beer Permits were filed by the within uamed applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such appiicants were iuspected and found to comply with the Ordinances of this City aud they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVEJD by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to caUSe to be issued to the foliowing named applicants a Beer Permit. 562 Special Session, October 27, 1975 CLASS "B" BEER PERMIT John F. Glynn, 7,60 East 16th street CLASS "C" BEER PERMIT Kay Janet Nemmers, 250 west 1st Street Florence E. Chalder, 113 Main Street Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Luudh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 400.75 WHEREA:S, applications for Liq- uor Licenses have heen submitted to this Council for, approval and the same have been examined, NOW T1IEREFORE BE IT RE- SOLVED by tl).ecity ,Council of the City of Dubuque, Iowa" that the foJlowing 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. CLASS "C" (COMME'RCIAL) BEER AND UQUOR LICENSE Richard A., Schurbon, 1091 Main Street Helen Ann Spielman (also Sunday Sales), 2401 Windsor Avenue Passed, adopted and approved this 27th day of October 1975. C. Robert Justmann Mayor Alvin E. Lundh Emil Stackis James E. Brady Donald F. Meyers Councilmen Attest: Leo F. Frommelt City Clerk connciltnan Stackis moved adop- tion of the resolution. Seconded hy Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmeu Brady, Lundh, Meyers, Stackis. Nays - None. RESOLUTION NO. 401.75 WHEREAS, applications for Liq- uor Licenses were filed by the within uamed 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 aud they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. Richard A. Schurbon, 1091 Main Street Helen Aun Spielman (also Sunday Saies), 2401 Windsor Avenue Passed, adopted and approved this 27th day of October 1975. C. Robert, Justmann Mayor Alvin E. Luudh Emil Stackis James E. Brady Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Justmann, Ooun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. At 8:40 P.M. Councilman Meyers moved to go into Executive Session to discuss appointments to various Boards and Commissions. Seconded by Mayor Justmann. Carried by the following vote: Yeas - Mayor Justmaun, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Council Reconvened in Regular Session at 8:50 P.M. 563 Special Session, October 27, 1975 Mayor Justmann made the fol- lowing appoiutments: Dean Schantz, Thomas J. Reilly, Kenneth Ganahl and Donald D. Garnett, all Bank Representatives, to the newly formed Rehabilitation Commission and John E. Hess to the Civil Service Commission for the unexpired term of Marvin Van Sickle, expiring 3-31-78. Council. man Stackis moved radification of the appointments. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Justmann, Coun- cilmen Brady, Lundh, Meyers, Stackis. Nays - None. Leo F. Frommelt City Clerk Approved ..................1976 Adopted ...................1976 ............................................................ ............................................................ """""""""""""""""""""""""""""" ............................................................ """""""""""""""""""""""""""""" Councilmen Attest: "':ëitÿ"ëi~;k"""""""""""""""""'"