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1974 July Council Proceedings 358 Special Session, June 28, 1974 Edward A. Bailey, 1298 Main Street Eugene Arthur Otting, 1689 Elm St. Kenneth Jerome Love, 802 Central Avenue passed, adopted and approved this 28th day of June 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady eouncilmen Attest: Leo F. Frommelt eity elerk Councilman Stackis moved adop- tion of the resolution. Seconded hy Mayor Thoms. Carried hy the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Application of Dubuque Jaycees for transfer of Beer Permit License from 1023'" Main Street to 2241 Lincoln Avenue, presented and read. Mayor Thoms moved to sus- pend the rules to let anyone address the Council if they so desire. Se- conded by Councilman Stackis. Carried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent - Councilman Justmann. Dennis Naughton addressed the Council on behalf of the Jaycees Pe- tition. Councilman Lundh moved the application of the Dubuque Jay- cees be approved. Seconded by Ma. yor Thoms. Carried by the following vote: ->t." Yeas - Mayor Thoms, Council. men Lundh, Stackis. Nays - Councilman Brady. Absent - Councilman Justmann. There being no further business, Mayor Thoms moved to adjourn the meeting. Seconded by Councilman Stackis. Carried hy the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Leo F. Frommelt City Clerk APIProved ....................................119'/14 Adopted . ...........................................:L9'/'4 ........................................................... Mayor ............................................................ ............................................................ Councilmen Attest: """"ëiiÿ"ci~~k:""""""""""" Regular Session, July 1, 1974 359 CITY COUNCIL OFFICIAL Regular Session, July I, 1974. Council met al 7:30 P.M. (C.D.T.) Presenl-Mayor Thoms, Council. men Brady, Justmann, Lundh, Slackis. City Managar Gilbert D. Chavanelle. Mayor Thoms read the call and stated that service thereof had heen duly made and this meeting is the REGULAR MONTHLY MEETING.alled for the purpose of acting upon such business as may properly come before the meeting. Communication of Low-R e nt Housing Commission submitting minutes of their meeting of June 18, 1974, presented and read. Coun- cilman -Justmann moved the com. munication be received and filed. Seconded hy Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmaun, Lundh, Staekis. Nays-None. Communication of Administra- tive Ass't. Vermeer to the Gov- ernor of the State of Iowa, ad- dressed to the Mayor, appreciating interest in raJlroads and advising that the Mayor's letter will he sent to the State Department of Trans- portation, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following ""te: Yeas - Mayor Thoms, Council- men Brady, Justmaun, Lundh. Stackis. Nays-None. Communication of Amtrak thank. ing the Mayor for his correspond- ence requesting additional Amtrak service to Northern Iowa, present- ed and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staekis. Nays-None. Communication of Iowa State Highway Commission submitting Pl'Iimary Road extension agreement for maintenance and operation from July I, 1974, thru June 30, 1975, in the amount of $3583.50, presented and read. Councilman Justmaun moved that the com- munication be received and filed and refer to City Manager for signature. Seconded by Council- man Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of P1anning & Zoning Commission submitting minutes of their meetings of May 22, and June 19, 1974, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried hy the following ""te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 28, 1974 Honorable Mayor and City Council The Advisory ComŒnission has responded to your request for a study of alternatives and a rec- ommendation for housing city gov- ernment. The recommendation of the commission is a plan which includes the purchase of the Med. ical Associates building, when va- cated, for a maximum of $380,000 and the use of the facility with the present city hall. This pro- posal in""lves the least cost to the taxpayer and provides the most useable space. Although there is no recommen- dation for renovation of present city hall, there is recommendation implied that it be well maintained and used to the best advantage of the city and remodeling inci. dental to such use would be ad- vised. The proponents of plans involving renovatiou of present city hall indicated to the commis- sionthat federal funds are avail- able for use in repair and renovat- ing of buildings on the National Register of Historic Buildings. Some of the research material submitted by the various study committees is enclosed. This may be helpful in your review of our recommendation. I feel that the chairmen of the study committees also may be called upon by you for further information or back- 358 Special Session, June 28, 1974 Edward A. Bailey, 1298 Main Street Eugene Arthur otting, 1689 Elm St. Kenneth Jerome Love, 802 Central Avenue passed, adopted and approved this 28th day of June 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays - Councilman Brady. Absent - Councilman Justmann. There being no further business, Mayor Thoms moved to adjourn the meeting. Seconded by Councilman Stackis. Carried by the following vate: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays - Nane. Absent - Councilman Justmann. Leo F. Frommelt City Clerk Attest: Leo F. Fromme1t City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. fot:,~~:~o:f ~u:~i.:t ~~~~:: I from 1023'" Main Street to 2241 ' Lincoln Avenue, presented and read. Mayor Thoms moved to sus- pend the rules to let anyone address the Council if they so desire. Se- conded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Dennis Naughton addressed the Council on behalf of the Jaycees Pe. tition. eouncilman Lundh moved the application of the Dubuque Jay- cees be approved. Seconded by Ma- yor Thoms. Carried hy the following vote: APIProved .......................................119'/14 Adopted ..... .................................-...19'/14 Mayor ............................................................ ............................................................ Councilmen Attest: '."""ëïiÿ"ci~~k:""""""""""" Regular Session, July 1, 1974 359 CITY COUNCIL OFFICIAL Regular Session, July 1, 1974. Council met al 7:30 P.M. (C.D.T.) Presenl-Mayor Thoms, Council- men Brady, Justmann, Lundh, Slackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had heen duly made and this meeting is the REGULAR MONTHLY MEETING called for the purpose of acting upon such business as may properly come before the meeting. Communication of Low-R e nt Housing Commission submitting minutes of their meeting of June 18, 1974, presented and read. eoun- cilmanJustmann moved the com. munication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays-None. Communication of Administra- tive Ass't. Vermeer to the Gov- ernor of the State of Iowa, ad- dressed to the Mayor, appreciating interest in raJlroads and advising that the Mayor's letter will he sent to the State Department of Trans- portation, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following ""te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays-None. Communication of Amtrak thank- ing the Mayor for his correspond- enee requesting additional Amtrak service to Northern Iowa, present- ed and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Iowa State Highway Commission submitting Primary Road extension agreement for maintenance and operation from July 1, 1974, thru June 30, 1975, in the amount of $3583.50, presented and read. Councilman Justmann moved that the com- munication be received and filed and refer to City Manager for signature. Seconded by Council- man Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of P1anning & Zoning Commission submitting minutes of their meetiogs of May 22, and June 19, 1974, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded hy Councilman Stackis. Carried by the following ""te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 28, 1974 Honorable Mayor and City Council The Advisory CoJDmi&<¡ion has respanded to your request for a study of alternatives and a rec- ommendation for housing city gov- ernment. The recommendation of the commission is a plan which includes the purchase of the Med- ical Associates building, when va- cated, for a maximmn of $380,000 and the use of the facility with the present city hall. This pro- posal involves the least cost to the taxpayer and provides the most useable space. Alth"ugh there is no recommen- dation for renovation of present city hall, there is recommendation implied that it be well maintained and used to the best advantage of the city and remodeling ind- dental to such use would be ad- vised. The proponents of p-lans inv"lving renovation of present city hall indicated to the commis- sionthat fuderal funds are avail- able for use in repair and renovat. ing of buildings on the National Register of Historic Buildings. Some of the research material submitted by the various study committees is enclosed. This may be helpful in your review of our recommendation. I feel that the chairmen of the study committees also may he called upon by you for further inf"rmation or back. 360 Regular Session, July 1, 1974 ground on the resoorch if you wish. Robert L. Luthro Chairman Advisory Commission Mayor Thoms moved that the communication be received and filed and referred to Council for session with Advisory Commis- sion. Seconded by Councilman Lundh. Carried by the following ""te: Yeas - Mayor Thoms, Council- men Brady, JustmanD, Lundh, Stackis. Nays-N"De. June 28, 1974 To the Honorable Mayor and Memhers of the City Council In accordance with the prov!o si"ns of Chapter 365 of the Code 00 Iowa, 1973, the Civil Service Commission conducted Entrance examinations on April 11, 1974 fOr applicants seeking positions on the FIRE Department. The following l18Dled applicants ~;~~r'e:x~a:~:,';,S wri.=n ~ I hereby certified for appointment w the FIRE Department. Schreiber, James E. 91% Danielson, Richard P. 84% Weiss, Neil E. 84% carroll, Dennis J. 77% Kutsch, Patrick L. 77% Theisen, Steven J. 76% Marvin A. VanSickle Chairman Lonis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 1st day of Jniy 1974. Z. D. Hantetmann Notary Public Mayor Thoms moved the com- munication be received and filed and made a matter of record. Sec- onded ,hy Councitman Brady. Car. ried by the following vote: Yeas - Mayor T1wms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Jtùy 1, 1974 To the Honorable Mayor and Members 00 the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service """'"" Commission conducted entrance examinations on Aprii 9, 1974 for applicants seeking positions to the POLleE Depar.trnent, The following l18Dled applicants have passed both the written and physical examinations and are hereby œrtified for appointment to the POLICE Department. Hanfelt, carol A. 80% Schaefer, Thmnas F. 75% Weiss, Neil E. 730/. Albrecht, Louis B. 72% KUDAu, Charles E. 72% Marvin A. VanSickle Chairman Lonis F. Fautsch Cioil SeI"lice Commission Mtest: Leo F. FrOl1DllCh Clerk Suhscribed and sworn w before me this 1st day of July 1974. Z. D. Hantelmann N"tary Public Mayor Thoms moved the com- munication 'be received and filed and made a ma-tter of record. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, staekis. Nays-None. June 25, 1974 Honorahle Mayor and City Council I herewith submit the reports of ,the City Auditor, Treasurer, Health DepartlDent, Warer Depart- mentand a list <>f c1aims paid for the month of May 1974. Respectfully Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seoonded by Council- man Lundh. Carried by the fol- lowing V<>te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Puhlisher of P1anned Use Report General Revenue Shar- ingas published on June 21, 1974, presented and read. Councilman Stackis moved the proof of pub- lioation be received and filed. Sec- onded by Councilman Lundh. Car- riedby the following ""te: Regular Session, July 1, 1974 361 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Jerry Snutt. jer in an undetermined amouut, for personal injuries received in a fa-li in the street at the inter- section of 6th and Bluff Street on May 21, 1974, presented and read. Councilman Brady mov'ed the No- tice of Claim be referred to the City Solicitor for proper proceed. ings. Seconded by Councilman Lundh. Carried by the following vote: Yea.. - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Gerald T. Doiter, in the amount of $4057., for storm damage incurred as the result of a tree falling on to his home at 1090 Glen Oak on June 20, 1974, presented and read. Councilman Brady moved the No- tice of Claim be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Lundh. Carried by the following vore: Yeas - Mayor Thoms, Council- men Brady, JllS'tmann, Lundh, Stackis. Nay~ne. Notice of C1aim of Elmer G. Thomas, in the amount of $15.00 for replacement 'Of a mail box which was d>estroyed while push- ing trees off the road "t 2700 Roosevelt Street on June 20, 1974, presented and read. Councibnan Brady moved the Notice of Claim be referred to the City Solicitor for proper proceedings. Seconded by Councilman Lundh. Carried by the folloWÙ1g vote: Yeas - Mayor Thoms, Council- _n Brady, Justmann, Lundh, Stackis. Nays.-.None. June 27, 1974 Hwwmble Mayor and City Council On February 26, 1974, Mrs. Mary J"ne Kelly of 433 West Locu&t, Dubuque. Iowa, filed claim against the City of Dubuque for personal injuries in an unstated amount and alleging that she received brnises, contusions, and bursitis of the right peloic area on Jan- uary 28, 1974, as a result of a fall due to rough and uneven ice in the street at the bus stop at Fourth and Main Streets. This matter was referred to the City Attorney who has made an investigation thereof and has con. kITed with the claimant, and claimant has made an offer of settlement of said claim in the amount of $50.00. It is the rec- ommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be directed to draw warrant pay- able to Mrs. Mary Jane Kelly in the amount of $50.00 and to trans- mit same ,to this üffiee for delivery upon receipt of duly executed reo leases. Original claim is returned here- with. R. N. Russo City Attorney Councilman Brady moved the recommendation of settlement be approved. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, JustnuJ.nn, Lundh, Stackis. Nays-None. Proof of Puhlication, certified to by the Publisher, of Notice of Hearing to rezone 150' in depth and 625' north of Davis Avenue adjoinin,g Xavier Hosp;tal from Multiple Planned Unit develop- ment classification to HospiW Medical Zoning District Classifica. tion (Sisters of St. Francis), pre- sented and read. No written objections were filed and no oral abjectors were present in the Council Chamher at the time set for the hearing. Councilman Brady moved that the proof of publiC'ltion be receiv- ed"nd filed. Seconded by Council- man Stackis. Carried by the fol- lowing ""te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. June 27, 1974 Honorable Mayor and Councilmen The City of Dubuque Planniug and Zoning Commis.siQn has re- viewed a petition of the Sisters of St. Francis, requesting the north- erly extension of the Hospital-Med- ical zoning district on their prop- erty. The Commission has been made aware of the technical diffi- _u_"""" 362 Regular Session, July 1, 1974 cultres in locating a medical build- ing within the limits of the exist- ing Hospital-Medical zoning dis- trict, and has determined that the northward extension of the district boundary does n<>t constitute a significant change to developm"nt plans for tbearea. The Planning and Zoning Com- mission has recommended th~t the Hospital.Medical District be ext"nd- ed northerly an additional 150 feet as requested by the Sisters of St. Francis. CITY pLANNING AND ZONING COMMISSION Daniel mttemore Development Planner Councilman Brady moved that the communicati<>n be received and filed. Seconded by Councilman Stackis. Carreid by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. ORDINANCE NO. 42-74 An Ordinance Amending and Changing Ordinance No. 3-34, Known as "The Zoning Ordin- ance and Zoning Map of the City of Dubuque, Iowa," so as to change certain hereinafter de- scribed property from Mulliple Residence.Planned Unil Develop- menl District 10 Hospital.Medical District, said Ordinance having been pre- viously presented and read at the Council meeting of June 10, 1974, presented for final adoptioTh ORDINANCE NO. 42-74 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34, KNOWN AS "THE ZON- ING ORDINANCE AND ZONING MAP OF THE CITY OF DU- BUQUE, IOWA", SO AS TO CHANGE CERTAIN HEREINAF- TER DESCRIBED PROPERTY FROM MULTIPLE RESIDENCE- PLANNED UNIT DEVELOPMENT DISTRICT TO HOSPITAL-MEDI- CAL DISTRICT NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Se"ion 1. Th.t O,din,n" No. 3-34, known" "the Zoning O,dimn" ,nd Zoning M,p of the ,ity of Dubuque, low," be ,nd the "me ¡, h"eby ,mended by ,h,nging !tom "Multiple R"iden,,-P),n- nod Unit Development Dim"t" cl",ifi,,- tion to "Ho,pi"l-Medi,,1 Dimi,," d",i- fi",ion the following de",ibed ",I ""te, to wi" Commendng " , poin' on the E"t line of the W"t Y, of Lot 2 of the Southw"t ¥. of the Southe"t Y. of Se,tion 12, T89N, R,nge 2 E"t of the ,th P,in,ip,1 M"idi,n, lying '" f", no"h of ,he ",uth line of "id S"tion 12, then" w"tedy , di",n" of 'p- p,oxim"dy 630 feo' to the W'" line of "id W"t Y, of 1.0' 2 of the South- we" y. of ,he Sou,he"" Y. of S"tion 12, then" no"hedy ,long "id We" line' di",n" of 1" foot, then" E""dy , di",n" of ,pptOxim"dy 630 foot to the E"t line of ,,¡d W"t 'h of Lot 2 of the Southwe" ¥4 of the Southe"t '14 of S"tion 12, then" Southedy , di",n" of I" feet to the point of beginning. S"tion 2. Th" the fo"going Amend- ment h" hmtofo" been ",ommended by the P)'nning ,nd Zoning Commi"ion of the City of Dubuque, low,. P""d, 'pproved ,nd ,dopted thi, ht d,y of July, 1974. AI),n T. Thorn' M,yo' Alvin E. Lundh Emil S",ki, J,m" E. Budy C. Rob"t Ju'tm,nn Coun,ilmen ATTEST, Leo F. FtOmmelt City CI"k Publi,hed offid,lIy in the Teleguph He- uld New'p'p" thi, 5th d,y of July, 1974. Leo F. F,ommelt City CI"k 1t.7-'. Mayor Thoms m<>ved final adop- t!<>n <>f the Ordinance. Seconded by Councilman Lundh. Carried by the foll<>wing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays- None. June 20, 1974 Honorable Mayor and City Council I return to you the petition re- questing stop signs at the Fengler and Lincoln Avenue intersection. I also submit for your consideration an ordinance requiring vehicular traffic on Fengler to stop at lin- coln. In support of the proposed ord- inance I attach a copy of a letter from Chief O'Brien and recom. mend that the ordinance be adopt- ed. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following ""te: Regular Session, July 1, 1974 363 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. ORDINANCE NO. 43-74 An Ordinance Amending Ord- inance No. 33-49 known as Ihe "Traffic Code of Dubuque, Iowa" as amended by adding a new Subsection 27 10 Section A of Schedule III lhereof 10 provide Ihat Eastbound and Westbound Vahicles on Fengler Streel must stop befora enlering the Inler- section of Lincoln Avenue and Fengler Sireet, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that the rnie requiring an Ordin- ance to he read on three separate days be waived. Seconded by May- or Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. ORDINANCE NO. 43.74 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DU- BUQUE, IOWA", AS AMENDED BY ADDING A NEW SUBSECTION 27 TO SECTION A OF SCHEDULE III THEREOF TO PROVIDE THAT EASTBOUND AND WESTBOUND VEHICLES ON FENGLER STREET MUST STOP BEFORE ENTERING THE INTERSECTION OF LIN- COLN AVENUE AND FENGLER STREET NOW THEREFORE BE IT OR- DAINED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA, Se,tion 1. n" O,din=" No. 33-49 known" the "Tuff" Code of Dubuque, low," " 'mended, be =d the "me i, hmby ,mended by enming , new ,ub- ""ion 27 to S",ion A of S,hedole III thmof " follow", "SCHEDULE III A. E",bound =d w"tbound ve- hid" mwt "op befo" ente<- ing the int"""ion of, 27. Lin,oln Avenue ,nd Fengl" Steeot." P""d, ,pp,oved 'nd ,dopted th¡, Itt d,y of July, 1974. AI),n T. Thorn, M.yor Alvin E. Lundh Emil S"d", J,m.. E. Budy C. Rob", Ju'tm,nn Coundlmen ATTEST, Leo F. Frommelt City Cl"k Pubfuhed offichUy in the Tde.uph Hmld New,p'p" thi, 5th d,y of July, 1974. Leo F. Fmmmdt City CJ"k IL 7-$. Councilman Justmann moved fin. al adoption of the Ordinance. Sec- onded by Mayor Thoms. Carried by the following v<>te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 44-74 An Ordinance Amending Ordin. ance No. 33-49 known as "Tho Traffic Code of the City of Du- buque, Iowa" by repealing Sec- lion 5.2 thereof and enacting a new Saclion 5.2 in lieu Ihareof 10 provide for right lurn on red Iraffic lighl and provide for left lurn on red Iraffic lighl, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Stackis. Carried by the f<>llow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Councilman Justmann moved that the rule reqniring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. ORDINANCE NO. 44-74 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS "THE TRAFFIC CODE OF THE CITY OF DUBUQUE, IOWA" BY REPEALING SECTION $.2 S64 Regular Session, July 1, 1974 THER£OF f,ND ENACTING A NEW SECTION I.~ IN LIEU THEREOF TO FROVIDE FOR RIGHT TURN ON RED TRAFFIC LIGHT AND FROVIDE FOR LEFT TURN ON RED TRAFFIC LIGHT NOW THF.lŒFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW^, Soc<ion 1, Th.. O,dinan« No. ,,-49 known" "T"ffi, Cod, of ,h, Ci'y of Dubuqu" Iowa" b, ond ,b, "m' i, h",by am,nd,d by "p"ling S,,"on '.2 ,J,moi and ,n,,"ng a now Soc,;o. ,.2 ;.. lieu ,h"",f ., follow" "5.2 Wh,n,w ",W, i, ,on,roll,d hy ",ffie coo<rol '¡gnal lighu ,h, fol- lowing ,igoo' only .hall ¡,., u"d and "id lighu ,hall indi,," .. follow.. I. G"", Alon~ v.hicul.. ",Hi, lac"," ,h, ,igool ..&y ."",..d ",aigh' ,h,Qogh .' ,"eo ""I" Q' l,ft onl", a ";>10 at ooeh pbe< p,"hibiu "th" '0'1, 'om. h' yohieol.. "aW, ,hall yiold ,h, ,igh, of way ro o,h" vohid" and p,d""ia.. bwfolly ..i,hi. ,h, in"",,"on " ,h, "m, ,"cb ,ignal i, "hihi"d. Emp' at ;"",""io.. wh,... ped..,da.. .., c..."o\l"¡ by ,.."a" "Wolk" lig.", p<ð""i.." £adng ,h, oi¡- oal may p,o",d "'"" ,h, 'o,d- way wi,hin any ",..k,d °' un. m..ked c<o"w,dk. 2. Yollow al.., wI"", ,hown fol- lowing ,h, g"on 0' "Go" ,ig- nal. V,hieul.. "aWc f"ing ,h, .t".,1 dull u"" b,lo... ,n"dng ,h, n"- c"",walk .. ,b, in"~ ,.",ion ond ..""in "onding un,U g"on Q( "go" i, ,hown olon<. bo', if ,ocl>. a UQp "noO' b, ",ad, in "f«y, a v.hic;, may b, d,iv," caudoo';y ,hrough ,h, io- """"on. Ex«p' " i.."""io.. ,.bozo pod.."i"" '" co.uall,d hy "pm" "walk" lighu, M ",d.."ian ,hall ..'" ,h, ,oad- way unl", h. ca. do '° "f,ly aDd w!thou, in,..f"'Dg wi,h yo- hicul.. ",Wc. J. V,hi,ub, ",Wc f.clng a ",ady wi "".,1 alo.o. ,hall "°1' a' a d,..\y ",..k"! "01' ¡W, bu' if non<, "'I~" .."dns ,h, «...- ",alk no ,1>., .." ,ide of ,h, ",,"".";"D, Q' if """,,, .b,o b,. fo" .n",ing ,h, in""",;"n, and .ball "m';n ..anding undl an low"n.. '° p,Q".,ø i, 'I>.own. A ,igb.' ,,"'. .b.all b, pwni""¡ .. an in"",c<ion by ve.icul... ",Wc which h... co.., '° a complm "01', unl", a ,isn i, i. 01.., p<ohibinng. ...,h . ,um. ADY ""h, tum mad, ou"",nt tQ ,jU, ",h""do. ,holl he mod, in ""I>. a ..onn" eh" i' d"" .." ¡nted"" with ot!>', yonicul" .e ",,<let"'" "aI", ¡'wl.lly u,- ing th, int"","on. ..", V,l>.it.l... ",W, "" a Oo<-..oy """ bcing a ""dy w! ,ig.al may, af", making a "°1' p"'.- an' eo th~ ,ub,..,ion, "u,i."'¡y ,n'" th, iot"""ion and make 0 left 'QtD 00'. on inc"","ng on,-way "teot 00 w!>.ic. e"Wc e",,1i to ch, 10£" uol", a ,ion i, in pI", p,ohihidn, ,u'l>. a tum. A.y I,f< cU," mad, pu,- ,..n' '° ,n~ ,uh""ion ,hall n, ..ad. i. ..cl>. a ..an..e ,b.. i, do<a .ot in...f", with .,.., vdUcul.. .t p,da""a. t"Wc bwiully u,,;n, tn' in""""o", No pede"".. """; '001>. ~s- nal .boll 'nW th, ",.dw,," un- I", h, can do '° "Iely and witn- out inted"ing wiel>. any ..Mc.l.. t"WC, hu' a vohid. <oming ,ignt .. ,u,h "'t",..don '!ull yiold ,n, ,ipt of way'" a p,d.."iao ¡'wfully ..",ing ,ucn int...",- "on. .. ¡¡'ed with g..... mow. V,ni,ol.. ",Hi, f"ing ,ucn ,igo,1 ...y "utio",ly """ ,ne int",..tlon only to mok,- <loa move..,~' indi- "ted by ,ucn mow b., ,han not in",f", whl>. otl>... "hieub, ",ffi, oe p,d",dan, lawf.lly wi,ni. th, ine",""'.' Exc'l't .. mt"""i... wnm ¡><de.."a.. .., co...on,d by ..pa<'" "Walk" ligh", no ""d","an facins ,ucl>. ,i¡;nol ,ball 'ntee ,n, roadway unl", 1>., can do '" "fely and witho., i.",f,dng with any v,," nicul.. ",ffic. s. Fl.,hing "d (Seop ,ignal). W.e. a "d l,n' " illu..in..cd by "pid in",..i"'n' £I..h.., d,iv'" of v'¡';c¡" ,nail "Of b,I... en"'- ing tn, n.."" "",,walk.. an in""'c"o' oe .. a limi, tIn, wh,n m..k,d and en, ,igh' '° pwc"d ,han h, ,ubi"" eo ,n, ""b appli..hl. af... making a "op " a "°1' ,ig.. ~. FI..Wng y,now (C,.cion ~g.al). WI>... a y,lIow t,n' " 'llumm.t,d wid, "pid in""""'" Haw., ddm' of "bid" may p'<><"d thwugh tl>., in""""oo °' pa" ,ucl>. "",w only wit!> "."on. 7. "Walk". A' int"'"tion, wl>..., '1;" w",l.ying tb.e wo,d "W.lk" m in """"io.. p<d""i.." dull coofo,,', t. ,he w,,'_tioo> 01 ,uch .ig.a!.. Wh,n th, woed "Walk" i, ligheed, ¡>«btdan' f"ing ,",h '¡g.ol may p,"cw! ""igl>.' "'O" tit, ..ad~y wi,hin any m..ked oe unmarlwl "o"..alk. Wn,n th' ",.ed "Walk" i. .ot lighted, pod,,- tda.. "cins ..,n '¡gnal ,nail no' ,ot" th, wadway. Wh.. eb, woed ""'olk" ia '¡mul..."",,'!, Iione... Oft all foue '"""" of any in""""';'" .ode,...an, may ,.... e... """"y 10 "'y die,,- "on. P....d, app'...d aod adoptod day of July, 1974. Allan T. Thorn, May.. Alvin E. Lnodh Jam.. E. IIndy Co Rob", J",""ann Em,l St"ki, Councilm'n chi, ,.. Regular Session, July 1, 1974 3115 ATTEST, L,o F. Feomm,t, City CI"k Publlih,d officially in th, Tel,gnpn Hmld N,..,p""e tni, hn day of July 1974. L.. F. Fromm,l, City Cleek It. '-!. Councilman Justmann moved final adopticJn of the Ordinance. Seconded by ecJuncilman Stack!B. Carried by the following velte: Yeas - Mayor Thoms, Council- men Brady, JustmlmD, Lundh, Stacki.s. Nays - N()ne. Petition of Thruput Terminals Ine., requesting approval and issu- ance of a building permit for the repair of a hnilding located on Third Street north 00' the Ice Har- bor, presented ,and read. Council- man Justmann moved to suspend the rules to let anyone address the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. MJtorney Robert Bertsch, ad. dressed the Council in 'behalf of Mr. Burbach. He cited various dates where the City and Dock Board were contacted but never received a reply. F1oor and roof need repair. All they want to do is to preserve the property. The property must be Improved to make it useahle. carl Burbach stated that the rails are needed and can <>perale without the water- front at present. They are willing to cooperate with the City for the waterfront. For the preseDJt, they need to repair roof, windows, and floor to receive railroad freight, which would reqnire about $40,000. Mayor Thoms moved the petition of Thruput Terminals Inc., be ap- proved and referred to the City Manager and Cily Solicitor. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Petition of Robert McGovern, 1710 Central Avenue, being of the opinion lhat he is being discrim. inated against in the iss"""". of parking tickets, presented and read. Mayor Thoms moved the peti- tion be related to ,the Solicit....'. office and Traffic Department. Sec- onded by Councitman Justmllnn. Carried by the foliowing vote: Yeas - MayOr Thoms, Council- men Brady, Justmann, Lundh, StaclW. Nays-None. Petition of N41Wy 1.. Slattery re- questing thàt a resolution .])& di. 1'èèted ,w the Govern-or Of IcJwa, State Legislature, And Departm.ent Q£ Public Safety, &bowing aware- De9sand support cJf a Mðtorcycle Helmet Law fcJr the State, presoent- ed and read. Councilman Brady moved -the City Solicitor be eIi-t. ed to draw up propèt resolUilton. Seconded by CounciJrmm Lundih. Carried by the foilowin¡¡ vote: Yeas - Councilmen Brady, Just- mann, Lundh, Stackis Nays - Mayor Thoms. Communication of Mrs. John B0l- en submitting petitions of young- sters requesting bike paths, wider sidewalks, cleaner parks, roads, painting of school érosswàlks at Irving School, stop lights at Booth & Dodge Streets, s\VÌnUh\ng pcJol in Sherwood Park, repair Rockdale Road, museum park by the river, presented and Mad. Mayor ThcJms moved the petitions be received and filed and referred to the CcJun. cil, Recrcation Department, Park BOård, and Traffic Department. Seconded by councilina.n Brady, Carried by the foilowing vate: yeas - Máyor ThcJms, Counéil- men Brady, JUSltmann, LlUldh, Stacki8. Nayg - None. Peti,tjon of Joseph E. Bell, reo questing refund of $150. on Class "B" Beer Permit NO. ß..74, as he has discontinued business on June 15, 1974, presented and read. May. or Thoms moved the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Stack!s. Carried by the foliowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. 366 Regular Session, July 1, 1974 Nays - Councilman Brady. Petition of Tri.State Softball Tournament requesting refund of $225. on the unexpired term of Class "B" Beer Permit No. S-B- 1480, as they have disconilinued business on June 24, 1974, present- ed and read. Mayor Thoms moved the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays - Councilman Brady. petition of St. Patrick's Church requesing refund of $225. on un- expired Class "B" Beer Permit No. B.O98O, as they have discontinued business on June 1, 1974, presented and read. Mayor Thoms moved the refund be granted and City Auditor directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays - Councilman Brady. June 13, 1974 To the Honorable Mayor and City Council Attached is a proposed resolu- tion and application for a com- IlUnity-based Youth Services sys- tem and supporting material for the Youth Services Program in Fiscal Year 1975 (July 1, 1974-June 30, 1975). The proposed budget for Du- huque Youth Services in Fiscal Year 1975 is $54,442.00. Of this amount approximately 50% or $27,500.00 will -be financed with federal funds through OPP and $28,942.00 will be financed from City funds. In 1974 the Dubuque Youth Services hudget 'Was $55,000.00. Of this total OPP financed $44,000.00 and .the City financed $11,000.00. In preparation of the 1975 Fiscal Year budget we had planned main- tenance of the Youth Services ac- tivities at the 1974 level. When the budget was prepared we had an- ticipated .the City's cost would be $18,021.00. In order :for us to maintain the present level of serv- ices it will be necessary for us to increase the budgeted amount pro- vided by the City by $8,921.00. An amendment to the budget will be made at a later d"te. We would therefore recommend that the City Council approve the attached resolution which authoriz- es the City Manager to proceed in filing the necessary documents for securing funds from the Office of Planning and Programming and providing local funding for contin- ued oper"tion of Youth Services in Fiscal Year 1975. Francis A. Murray Assistant City Manager Mayor Thoms moved that the communication he received and fil- ed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 256-74 WHEREAS, The City of Dubuque has been asked to cou.tinue spon- soring Youth Services, and WHEREAS, The State of Iowa and the Departmenil of Health, Education and Welfare have ex- pressed their continued support, and WHEREAS, Youth Services is becoming an important coordinator and delivery agent of community services geared to the growth and development needs of all youth and their families, and WHEREAS, Youth Services iden- tifies gaps in services and pur- chases needed services when no ()ther alternatives are avai1able, and WHEREAS, Youth Services is working to change attitudes and practices which contribute to de- linquency, and WHEREAS, The City Council of this City does hereby support the concept and continued oper"tion of Youth Services: NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Council does hereby authorize the City Manager to sign all documents, make application and provide the local share of funding, for contin- ued operation of the Youth Servic- es Projeot for the period July 1, 1974 through June 30, 1975, in the City of Dubuque forthwith. Ex- penditure limited to $26,942.00 of City funds. Regular Session, July 1, 1974 Passed, approved and adopted this 1st day of July, 1974. Allan T. Thoms, Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen areas within the Washington Street neighborhood from and after the adoption of this Resolution and, in no event, no later than the 8th day of July, 1974, the following chang. es shall be' placed into effect for a period n()t to exceed ninety (90) days, to-wit: Diagonal intersection enclosure shall be made at Washington Street at its intersection with 15th Street, with 16th Street, 18th Street, and 19th Street, and said closure shall be ten (10) feet in width. Section 2. A Tot Lot shall be es- tablished at 16bh Street from White Street to Jackson Street and dia- gonal parking, that is to say, park- ing of motor vehicles at a 45 de- gree angle shall be permitted with- in such boundary. Section 3. Seventeenth Street from White Street to Jackson Street and from Elm Street to Washington Street and one block therein shall be completely closed. Section 4. The foregoing chang- es shall be deemed of a temporary nature and shall be in existanee not to exceed 'a period of ninety (90) days from the effective date of such changes. Section 5. That the City Manag- er of the City of Dubuque, Iowa, be and he is hereby authorized and directed to affect and to imple- ment such changes, and at the ap- propriate time to make a written report of his findings to the City Council. Passed, approved and adopted this 1st day of July, 1974. Allan T. Thoms, Mayor C. Robert Justmann Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of .the resolutiou as amended. Sec- onded by Councilman Stackis. Car- ried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - Councilman Justmann. Petition of Merlin L. Heiar et al (37 signers) objecting to barricad- ing the intersections at 18th and 19th Streets on Washington Street, presented and read. Attorney Chas. Kintzinger, ad- dressed the Council on behalf of the husinesses in the 19th Street area. He was of the opinion that there are .too many businesses in the 18th and 19th Streets area that would be seriously affected as to loading and unloading of merch- andise Mr. Heiar stated the are,a should' not be subject to experi- ment. Frank Grote of the Cask"t Company protested in the iuterest of the stockholders and stated any barricade would seriously hamper his husiness especially when mer- chandise comes in and goes out when semis are used. Attorney St"phen Seott also objected. Mrs. Heiar and Susan Yaeger also ob- jected to any harricading of .the area. Councilman Justmann mov"d the Petition of Merlin 1.. Heiar be received and filed. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 257.74 Resolution placing into effect certain Iraffic and parking changes wilhin a portion of Washinglon Sireet Neighborhood for a period not 10 exceed Nine- ty (90) days NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL, CITY OF DUBUQUE, IOWA: Section I. For the purpose of I making a study of the specific Attest: Leo F. Frommelt, City Clerk Councilman Brady moved adop- tion of .the resolution. Seconded by Councilman Stackis. Vote on the motion was as follows: Yeas-Councilmen Brady, Stack- is. Nays - Mayor Thoms, Council. man Justmann. Abstain - Councilman Lundh. MOTION FAILED. Mayor Thoms moved final adop- tion of the resolution subject .to discr"tion of the City Manager and 367 368 Regular Session, July 1, 1974 Engineering Department and sub- ject to discussion with the neigh- borsand businesses in the area. Seconded by Councilman Justmann. Oarried by the following v~te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh Nays - None. Abstain - e~uncilman Lundh. COUNCIL REX:ESSED AT 10:05 P.M. RECONVENED AT 10:15 P.M. RESOLUTION NO. 258.74 Accep\'ing Work Perfonned Un- der Demolition Contracl No. 1- 72 for Ihe Downlown' Urban Re. I newa! project, Iowa R-15 WHEREAS, Demolition Contract No. 1-72 executed under date of July 6, 1972 with F. N. Sm1th Con- struction, Inc. and K. W. Gaber Construction Company for the re- moval 'and site clearance of various structures and other site improve- ments in the Downtown Urban Re- newal Project area has been com- pleted; and WHEREAS, upon recommenda- tion of the City Engineer and the Director of Housing and Redevel- opment, the City Manager has ex- amined the work and finds that the work has been completed in ac- cordance with the terms of the Contract and recommends its ac- ceptance; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ,the recommenda- tion of the City Manager be ap- proved and that said work be and the same is hereby accepted. Passed, approved, and adopted this 1st dlay of July, 1974. Allan T. Thoms, Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas-Mayor Thoms, Counciimen Brady, Justmann, Lundh, Stackis. Nays-None. A Resolution directing the re- organization of ,the Dubuque Citi- zens Advisory Corrunission to re- flect a balanced neighborhood representa.tion by Commission Members, presented and read. Mayor Thoms moved the resolution be referred to the Advisory Com- mission for their consideration and report to the Council for a joint session. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council. men Lundh, Stackis. Nays-Councilmen Brady, Just- mann. RESOLUTION NO. 259-74 wHEREAS there bas been deliv- ered Warranty Deed, dated June 12, 1974, of Transcolle, Inc. to the City Council of the City of Du. buque, Iowa conveying to the City of Dubuque, Iowa, the following described real e""'te: Lot 2 of Lot 2 of powers Piace in ,the City of Dubuque, Iowa and said delivery of deed should he approved and accepted. NOW THEJREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec:lion 1. That .the delivery of Warranty Deed of Transealle, Inc. conveying to the City of Dubuque, Iowa and hereinabove described real estate be and the same is here- by approved and accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Warranty Deed in the office of ,the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 1st day of JulY, 1974. Allan T. Thoms, Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- man Brady, Justmann, Lundh, Stackis. Nays - None. June 27, 1974 Honorable Mayor and City Councilmen The City of Dubuque Planning and Zoning Commission has reo 369 Regular Session, July 1, 1974 viewed the final plat of Lots 1 through 7, inclusive, of "Carmel Heights" Subdivision in the City of Dubuque, Iowa. The Commission has determined that the final plat conforms to aii requiremeI>ts of the Subdivision and Zoning Ordin- ances and has recommended that the plat be approved. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Deveiopment Planner Mayor Thoms moved that the conununication be received and fil- ed. Seconded by Councilman Stack- is. Carried by the foiiowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 260-74 Resolution Approving The Plet of "Cannel Heights" in Ihe City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a piat of the Subdivision to ,be known as "Car- mei Heights" in the City of Du- buque, Iowa, hy Sisters of Charity of the Blessed Virgin Mary, Du- buque, Iowa, and WHEREAS, upon said plat ap- pear otreetsto be known as Carmel Drive together with certain public utility easements which the Owu- ersby said plat have dedicated to the public forever; and WHEREAS, said piat has been examined by the City Planning and Zoning C~mmission and had its approval endorsed thereon; and WHEREAS, said plat has beeu examined by ,the City Council and they find that the same conforms to statues and ordinances relating thereto, except that street grades ,-"ve not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Carmel Drive together with the easements for public utilities as the same appear upon said plat, be and ,the same are hereby accepted; Section 2. That ,the p1at of "Car- mel Heights" in the City of Du- buque, Iowa, be and the same is hereby approved and the Mavor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exeeutetheir written ac- ceptance hereto attached agreeing: a. To reduce ,all streets to grade and to construct concrete curb and gutter and to hard surface Carmel Drive with bituminous concrete, or wioth concrete pav- ing with integral curb, aii in ac- cordauce with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To instaii storm sewers and catchbasins in accordance with plans submitted with the plat; e. To instaii concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, un- der the inspection of the City Engineer, and in a manner a,p- proved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, I<>wa; h. To provide the foregoing con- struction and maintenance at the solo expense of the Subdivider, Sisters of Charity of the Blessed Virgiu Mary, Dubuque, Iowa, as owner; i. To construct said Improvements, except sidewalks, prior to August 1, 1976, and to construct the sidewalks prior to August 1, 1978; and further provided that said Sis- ters of Charity of the Blessed Vir- gin Mary, Dubuque, Iowa, as own- er of said Subdivision, secure the performance of ,the foregoing con- ditions by providing security in such form and with such sureties as may ,be acceptable to the Ci,ty Manager. 5eclion 3. That in the event Sisters of Charity of the Blessed Virgin Mary, Dubuque, Iowa, shall fan to execute the acceptance and furnish the security provided for 370 Regular Session, July 1, 1974 in Section 2 hereof within 45 days after the date of ,this Resolution, the provisions hereof shall be nnil and void and the aceeptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 1st day of July, A.D., 1974. Allan T. Thoms, Mayor Alvin E. Lundh Emii Stackis Councilmen Attest: Leo F. Frommelt, City Clerk ACCEPTANCE OF RESOLUTION NO. 260.74 We, the undersigned Sisters of Charity of the Blessed Virgin Mary, Dubuque, Iowa having read the terms and conditions of the fore- going Resolution No. 260-74 and being familiar with the conditions thereof, hereby accept the same and a.gree to perform ,the condi- tions reqnired therein. Dated at Dubuque, Iowa, this 15th day of July, 1974, Sisters of Charity of the Blessed Virgin Mary, Dubuque, Iowa. By Sister Joan Doyle, President Sister Mary Michail Gearly, B.V.M., Secretary To: Leo F. Frommelt, City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 260-74 has been furnished by the owners. Dated at Dubuque, Iowa, this 15th day of July, 1974. Gilbert D. Chavenelle City Manager Mayor Thoms moved adoption of the resolution. Seconded hy Coun- man Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays - Councilmen Brady, Just- mann. June 26, 1974 To the Honorable Mayor and City eouncil Re: Energy Recovery Study We have enclosed for your re- view a copy of an engineering services agreement suhmitted by Henningson, Durham and Richard- son to prepare an energy recovery study on supplementary processes -'S"t " for the disposal of solid waste in Dubuque County. This proposed study was review. ed at the Area Council of Govern- ments meeting on May 22, 1974 and .the staff has discussed the study with Interstate Power Com- pany and it was favorably received The duration of the study is ex- pected to -take approximately three months. In the interim period we are continuiug to develop engineer- ing data on the landfill sites un- der study. We would request your favorable action on the enclosed Resolution authorizing the Mayor and City Clerk to execute the proposed agreement. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and fil- ed. Seconded by Councilman Slack- is. Carried by the following vote: Yeas - Mayor Thoms, Councii- men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 261.74 Rasolulion aulhorizing lha Mayor and City Clark to execute an Engineering Services Agreement wilh Ihe firm of Henningson, Durham and Richardson to eval. uate and recommend supple. menlary processes for Ihe dis- posal of solid waste WHEREAS, -the City of Dubuque has, through 'an order of the Iowa State Department of Environment- al Quality, until July 1, 1975 to aeqnire and be operating on an approved Sanitary Landfill; and WHEREAS, the City of Dubuque and the Area Council of Govern- ments are concerned with the con- servation of land use and are de- sirous of investigating the applic- ability of certain supplementary methods for the disposal of solid waste in Dubuque County; and WHEREAS, the firm of Hen- ningson, Durham and Richardson have subm1tted an agreement for engineering services to evaluate these processes and to make recommendations ,to the City of Dubuque and the Area Council of Governments. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. lOW A THAT: the Mayor and the City Clerk are herewith authorized Regular Session, July 1, 1974 371 to execute the engineering services agreement with the firm of Hen- ningson, Durham and Richardson for the purpose of evaluating cer- tain supplementary processes for ,the disposal of solid waste and making specific recommendations ,to the City of Dubuque and the Area Council of Governments. Passed, adopted and approved this I.&t day of July, 1974. Al1an T. Thoms, Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Luidh, Slackis. Nays-None. June 27, 1974 To the Honorahle Mayor and City Council A meeting between the City Manager, City staff personnel, the Human Rights Commission, other interested and concerned groups and some City Councilmen was held to discuss and develop both short and long-term employment and/or promotional goals relating to females, minority persons and handicapped persons. An invitation to subm1t com- ments or modifications of the goals proposed by the City was extended to -the parties present at this meet- ing. You have received one such document directly from the Human Righ.ts Commission. Attached are additional comments received from the group. The Introduction and Statement of Policy sections of the Affirma- tive Action Program narrative have been revised as recommended by the Human Rights Commission in their letter of June 21, 1974. Copies of these revisions are enclosed for your review. Mter evaluating -all aspects of eqnity, availability and need the accompanying resolution to adopt the short and long-term goals at- tached as Exhibit "A" is recom- I mended as being reasonahle and realistic. Sincerely, Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communic8ltion be received and filed. Seconded by Councilman Lundh. Carried by ,the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays - None. RESOLUTION NO. 262.74 Adopting Sialemani of Goals for Iha Afflrmalive Aclion Program for the Cily of Dubuqua WHEREAS, the City Council un- der date of June 10, 1974, adopted Resolution No. 228-74, approving the narrative portion of the Af- firmative Action Program for the City of Dubuque and WHEREAS, pursuant to said Af- firmative Action Program, a State- ment of Goals for the City of Du- buque has been prepared both for a twelve month period and a five year period beginning July 1, 1974; and WHEREAS, I:he Statement of Goals sets forih certain shurt and long-term measures necessary for the City of Dubuque to continue to effectuate the objectives of the Affirmative Action Program; and WHEREAS, hoth ,the Affirmative Actio-n Program and the Statement of Goals represents the objectives of the City of Duhuque to exer- cise its political and economic in- fluence to further the acceptance and adoption of nondiscrinrinatory employment practices and policies in all activities of the community; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE eITY OF DU- BUQUE, IOWA: Section I. That it is hereby found and determined that the projected levels of achievement as set 1fo11th in the Statement of Goals for the Affirmative Action Program of .the City of Dubuque are rellSOlDable in view of the availability of qualified minortties, women and handicapped persons and the estimated employee turn- over and additional employee posi- tions to be created. Section 2. That the Statement of Goals attached hereto as Exhibit 372 Regular Session, July 1, 1974 :¿~p~~df::~e ~tiyar~f ~~:rqU~ I Section 3. That the City Manager and the Equal Empioyment Oppor- tunity and Contract Compliance Officers are hereby authorized and directed to undertake whatever measures are necessary to effectu- ate the objectives of the Affirm- ative Action Program and the Staltement of Gœls. Sactlon 4. That the City Manag- er and the Equal Employment Op- portunity Officer are hereby auth- orized and directed to provide cop- ies of this Resolution together with the attached Statement of GoaJs as well a.the Affirmative Action Program adopted by the City Council under date of June 10, 1974, to appropriate Federal and State agencies and offices. passed, approved and adopted this 1st day of July, 1974. Al1an T. Thoms, Mayor Alvin E. Lundh Emil Stackis James E. Brady C. Robert Justmann Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Exhibit "Au AFFIRMATIVE ACTION EMPLOY- MENT GOALS FOR CITY OF DU- BUQUE 1. To provide extra-ordinary ef- fort in recrniting qualified females, minorities, aged and disabled per- sons for employment opportunities in the City of Dubuque in order to promote greater participation by these groups in the total work force and to insure more equit- ahie representation in all joh cate- gories. 2. To provide purposefui training and promotional oppomunities for females, minorities, aged and ills- al>Jed persons in order to insure greater ,participation by these groups in occupations reqnlring higher levels of skill and responsi- bility. AFFIRMATIVE ACTION EMPLOY. MENT OBJECTJVES FOR CITY OF DUBUQUE 1. To attain employment for a minimum of twenty (20) females, seventeen (17) minorities, and three (3) aged or disabled persom by June 30, 1975 as indicated in Exhibit "A", (SOOm Term Employ, ment Goals) and to maintain or ex. ceed these goals through the con- tinued empioyment poiicy and practice of Affirmative Action. 2. To attain employment for a minimum of eighty three (83) fe- males ,fomy four (44) minorities, and eight (8) aged or disabled per- sons by June 30, 1979 as indicated in Exhibit "A", (Long Term Em- pioyment Goats) and to maintain or exceed these goals through the continued empLoyment policy and practice of Affirmative Action. Communication of City Manager recommending favorabieaction on resolution authorizing Mayor and City Clerk to execute "Letters of Intent" to certain major equip- ment suppliers for Phase II Waste Water Treatment Facilities - con- snitants, detailed estimates total $14.5 Miilion, presented and read. At 11:05 P.M. Mayor Thoms mov- ed ,(0 go into an executive session to consider a matter of bidding on waste water treatment facilities equipment which has come ,to his attention from the City Attorney. Members of the press raised ob- jeotions to the calling of an execu- tive session for the aforementioned reason. Seconded by Councilman Justmann. Vote on motion was as follows: Yeas - Mayor Thoms, Council- man Justmann. Nays - Councilmen Brady, Lundh, Stackis. MOTION FAILED. A Resolution authorizing the Mayor to execute "Letter of In- tent" to certain major equipment suppliers for Phase II Waste Water Treatment Facilities, presented and read. Councilman Brady mov- ed .to table the communication of City Manager and resolution until next meeting of Jniy 8th, 1974. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, &tackis. Nays - None. Regular Session, July 1, 1974 373 RESOLUTION NO. 263--74 BE IT RESOLVED .by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisious 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 the said City. Patrick Feuelon, 3130 Jackson Street lmperial Lanes, Inc., 3505 Stone- man Road Phillip R. Love, 1701 Central Av- enue Merlin P. Morett, 3198 Central Avenue John P. Mthalakis & Richard L. Billmeyer, 2095 Kerper Blvd. Osco Drug Inc., Town Clock Plaza Palmer Drug Store, 2800 Dodge Street Patricia Revelle, 2776 Jackson Street Mrs. Doris Riekena, 485 Central Avenue Kathleen Wedig, 1399 Jackson Street Passed, adopted and approved this 1st day of July 1974. Allan T. Thoms Mayor Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of ,the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - Councilman Justmann. Juiy 1, 1974 To the Honorable Mayor and City Council Re: Publie Employment Program! Emergency Employment Act of 1971 The county's program agent on June 20, 1974 requooted the City's Personnel Manager, our iiaison of. ficer on ,this program, to meet with him on Friday, June 21, 1974 at 9:30 a.m., to discuss utilization of additional funds which were authorized under the Emergency Employmerut Act of 1971. At this meeting the City was ad- vised that the five persons then currently funded by this program could be continued through March 30, 1975. As of June 30, 1974 the remain- ing five funded positions were budgeted with funds other than Emergency Employment Act sub- sidy. This was in accordance with information that no funding would he authorized beyond this date. On Monday, June 24, 1974, at 10 a.m., the City was advised that In. formation received on Friday, June 21 was in error and only new posi. tions could be considered for docu. mentation and supportative data had to be submitted to the county by Tuesday afternoon, June 25, 1974. The complete grant request had to 'be hand delivered .to the proper agency in Kansas City, Missouri On Wednesday, June 26, 1974 or the amount of under"utilized funds would be loot to Dubuque County. A diligent review of our current employment needs was undertaken and resulted in the submission of a request for funding six positions for the period from August 1, 1974 through March 30, 1975. A listing of these positions, fund- ing requirements, job descriptions is enclosed for your review. The City of Dubuque has been a participant in ,this program'!'ince it was authorized and funded by -the United States Congress. It is believed that this program enabled the City to implement needed and productive services which would otherwise not have been possible. The program has heen extended from time to time allowing partici- pating agencies to continue fund- ing the original positions. The City gradually phased these original positions into its total work force with the exception of one police dispatcher which was eiiminated. It is believed that the positions for which funding assistance is requested will be of benefi,t to -the community 'and accomplish needed objectives in .the departments af- fected. Gilbert D. Chavenelle, City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: 374 Regular Session, July 1, 1974 Special Session, July 8, 1974 375 Yeas - Mayor Thoms, Council- I men Brady, Juslmann, Lundh, Stackis. Nays - None. There being no further business, Councilman Stackis moved the meeting be adjourned. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justrnann, Lundh, Stackis. Nays - None. Leo F. Frommelt, City Clerk A(Jproved .........................-.............1974 AOO¡pt¡ed ...............-............-............119'/14 Mayor ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: City Clerk CITY COUNCIL OFFICIAL Special Session, July 8, 1974. Council met al 1:00 P.M. (C.D.T.) Present - Mayor Thoms, Coun- cilmen Brady, Justmann, Slackis. City Manager Gilbert D. Chavon- elle. Absent-Councilman Lundh (at roll call). Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose OF RE- VIEWING EQUIPMENT BIDS FOR THE SEWAGE WASTE WATER TREATMENT FACILITIES PLANT, and to act upon such other bus- iness as may properly come before a regular meeting of the City Council. Councilman Brady moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Absent-Councilman Lundh. Mr. Lowell, president of Pen- berthy & Houdaille addressed the Council hy stating that the last proposal their company submitted was in November of 1ast year. He is not prepared to comment as to any irregularities in the bid- ding procedure. He further stated that he is not prepared to make head ,to head comparisons as to various pieces of operating equip- ment. The plants that they have installed under their system of operation are satisfactory. Mr. Roger Walker of Penherthy pre- sented a series of slides on their equipment. COUNCILMAN L U N D H EN- TERED THE CHAMBER AT 1:30 P.M. Representatives of Penberthy further stated that the jet aera- tion system would do the job. Compared to the Unox system it would be cheaper to install and operate. Mr. Paul Ombruni of Henning- son, Durham and Richardson, con- sultants, addressed the Council that they had met with the Pen- berthy group in December. &0- nomics, in their judgment would be in favor of the pure' oxygen system. Iocreased cost of the basin would have to be considered along with the fact that y,ou have a very small gas stream to work with. He urged the Council to proceed with the letters of intent and recommended the system that we have received bids on. Mr. Paul Raines of H. D. R. made it clear that they have no ties with any manufacturer or equipment dealers. H. D. & R. is not inter- ested in equipment dealers, sup. pliers, etc., they are only inter- ested in what is best for the City of Dubuque. City Engineer John White was of the opinion that the best design was the one presented by H. D. & R. and the City should go ahead. Unox had to come in and prove the system could work. Councilman Lundh moved approv- al of recommendation on selection of equipment that the consultants have made. Sceonded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thorns, Council- men Brady, Lundh, Stackis. Nays-Councilman Justmann. There .being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ...................1l9'N Adopted ...........1l9IT4 ................................................".......... Councilmen Attest: """ëïiÿ"Ci~;k:"""""""""""" Special Session, July 8,1974 377 Special Session, July 8, 1974 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Senator Jim Schaben acknowledging receipt of Council resolution relative to rail transportation and indicating his suppo~t of an amendment intro- duced in the 1ast session that would have expanded rail service in Northern Iowa via Dubuque to Waterloo, Sioux City and Fort Dodge, presented and read. Mayor Thoms moved that the communica- tionbe received and filed. See- onded by Councilman Lundh. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Mayor of Manchester, Iowa, addressed to Governor Ray being in accord with the City of Dubuque extend- ing advance rail service across Northern Iowa from the Amtrak connection, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis- Nays-None. Communication of Dubuque Bi- centennial Committee addressed to the Mayor advising that the Du- buque celebration of the Bicen- teunial birthday of the U. S. will be celebrated in Dubuque from July 18th to 31st, 1976, and wel- come any input from the Council, presented and read. Mayor Thoms moved that the communication he received and filed and referred to the Council. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Jnslmann, Lundh, stackis. Nays-None. Communication of Lee Chiavet- ta complimenting the City and especially Mr. Ben O'Leary on the efficient manner in which the reo cent storms were handled, pre- sented and read. Mayor Thoms moved that the communication he received 'and filed. Seconded by Councilman Lundh. Carried by the following vote: 376 consumer ,to consider before a wa- ter rate increase; - Heavy users be charged the same rate as res- idential customers and eliminate the residential subsidy of the heavy users. Seconded by Coun- cilman Brady. Vote on motion was as follows: Yeas-Councilman Brady, Just- mann. Nays - Mayor Thoms, Council- men Lundh, Stackis. MOTION FAlLEJD. Councilman Brady moved that exploratiou being done now on water rates under study that charts be prepared to show what it would do. Seconded by Councilman Just- mann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of John C. San- ner in the amount of $10.00 for towing expense incurred as the resnit of an alley eave-in behind 597 Edith Street on June 21, 1974. presented and read. Mayor Thoms moved the notice of claim be re- ferred to the City Solicitor for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Steven E. Mostman, in an undetermined amount, to cover cost of replac- ing hroken water stop box at 726 C1arke Drive, allegedly broken by the street clean-up crew after a storro on June 27, 1974, presented and read. Mayor Thoms moved the notice of claim be referred to the City Solicitor for proper proceed- ings. Seeonded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Notice of Claim of Bertha M. Masuen in the amount of $62.77 for expense incurred to repair storm damage to her home at 397 Bradley street on June 20, 1974, as the resuit of broken tree limbs, presented and read. Mayor Thoms moved the notice of claim be re- ferred to the City Solicitor for Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Piayground & Recreation Commission submit- ting minutes of their meeting of June 10, 1974, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Counciiman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. CITY COUNCil OF,FICIAL Special Session, July 8, 1974. Council mel al 7:30 P.M. (C.D.T.) Presenl - Mayor Thoms, Coun- men Brady, Ju5lmann. Lundh. Slackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service ,thereof bad been duly made and this meeting is called to consider a RESOLU. TlON AUTHORIZING THE MAY' OR TO EXECUTE A LETTER OF INTENT TO CERTAIN MAJOR EQUIPMENT SUPPLiERS FOR THE PHASE II WASTE WATER TREATMENT FACILITY and act- ing upon such other business as may properly come before a reg- war meeting of the Council. Communication of Congressman Edward Mezvinsky addressed to Mayor Thoms showing apprecia- tion of keeping him informed on Improved transportation service in Northern Iowa, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Communication of Congressman John C. Culver expressing thanks for the resolution passed by the Council supporting development of an advance railroad system throughout Iowa, presented and read. Mayor Thoms moved that the communication be received and filed. Seeonded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Communication of Senator Har- old E. Hughes expressing thanks for the resolution passed by the Council on rail transportation and indicating strong support for the expansion of the network in Iowa, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: July 3, 1974 Honorable Mayor and Members of the City Council I have approved the filing of the following bond and policy and desire to have your approval of same. Public Official Bond Gerald L. Kopischke, Airport Com- missioner $1000. to September 14, 1974, Hartford Accident & Indemnity Bond No. N-4223847. Public Liability Policy City of Dubuque, Four.th of July Fireworks Display Western World Insurance Company Pol- icy No. GLA 16314. Radio Sta- tion KDTH. Both of the above have been approved by the City Solicitor. Gilbert D. Chavenelle City Manager Councilman Lundh moved filing be approved subject to approval of City Attorney. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Puhlication, certified to by the Publisher, of receipts and disbursements and list of claims for May, 1974, presented and read. Mayor Thoms moved the proof of publication be received and filed. Seconded by Couucil- man Lund'h. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Councii- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved to amend Ordinance No. 64-68 estab- lishing water rates, to prepare for approval to be fixed at the pre- vailing amount for the average 378 Special Session, July 8, 1974 proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 19, 1974 To the Honorable Mayor and City Council This is to advise you that the staff has reviewed the request of Mr. Herbert F. Heitzman for vaca- tion of a portion of an alley lo- cated at the extreme west end of Cherry Street and running no"th from the N. P. L. of Cherry Street to the S. P. L. of the 1st alley south of Green Street abutting Lot 1 of Lot 208 of Finley's Addition. The staff and I recommend that said alley be vacated and sold to Mr. Herbert Heitzman. The Pianning and Zoning Com- mission has recommended that said alley be vacated and sold. Their letter is attached. There are letters enclosed from other abutting property owners stating they do not object to the vacation and sale to Mr. Heitzman. I, therefore, request your Hon. orable Body to pass the Ordinance vacating said alley. Gilbert D. Chavenelle City Manager Councilman Juslmann moved that the communication be re- ceived and filed. Seconded by Councilman Brady. Carried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. An Ordinance for the vacation and sale of that portion of an alley at the extreme west end of Cherry Street running north from the N.PL. of Cherry Street to the S.P.L. of the 1st alley south of Green Street and abutting Lot 1 of Lot 208 of Finley's Addition, presented and read. Councilman Justmann moved that the reading just had be considered the first reading of ,the Ordinance. Sec- onded by Mayor Thoms. Carried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by May- or Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Juslmann moved that a public hearing be held on the Ordinance on August 5, 1974, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by iaw. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Tom Carr et al re- questing the instal1ation of street lights between intersections of Bal- boa & Cortez Drives and Balboa Drive and N. Grandview on Bal- boa Drive, presented and read. Mayor Thoms moved that the peti- tion be referred to the City Man- ager and Traffic Department for investigation and report Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. June 25, 1974 To the Honorable Mayor and City Council Re: Major Eqnipment Proposals Waste Water Trealment Fa- cility Phase II On June 3, 1974 we advised you that the Environmental Protection Agency had certain questions on the equipment proposals and we requested that you defer action on this until we were able to review the matter with EPA. We discussed the bids with EPA and have reviewed the questions raised by them. Basically, their concern was the escalation pro- vision in the bid documents. Con- sequently the three recommended bidders have agreed to waive this provision and to hold their firm prices until at least November 15, 1974. Our consultants advise us that EPA concurrence on the bids should be forthcoming and have recommended authorization be se- Special Session, July 8, 1974 379 cured to issue the Letters of In- tent to the respective equipment suppliers subject to the formal approval of the Environmental Protection Agency. The Staff and Consultants will then proceed on the following time schedule: August 1, 1974. Plans complete and on file with federal and state agencies. September 1, 1974. Agency ap- proval and authorization to ad- vertise for construction bids. October 15, 1974. Receive construc- tion bids. November 15, 1974. Award con- struction contracts and Ímalize financial program. We recommend your favorable action on the enclosed Resolution authorizing the Mayor and City Clerk to execute the Letters of Intent as prepared. For your fur- ther review we have endosed all the materials submitted to you on June 3, 1974. In the event the program sl1ou1d not move forward, the issuance of these Letters of Intent does obligate the City to pay for shop drawings and detailed designs pre- pared for this specific installation by the three eqnipment suppliers but not to exceed a maxImum of $10,000.00 each. Our consultants have prepared another detailed estimate on the total Phase II Sewage Program. The new estimate ,totals approx- Imately $14.5 million dollars. This represents a 56% increase in costs from the November, 1973 estimate of $9,298,290.00. This increase is attrihuted to inflation. That pro- gram estimate was ,to he funded through existing federal and state grants and local share as follows: Federal Grant $4,523,200 State Grant $2,056,500 Local Share $2,716,590 $9,298,290 We do not know how the in- crease in estimated cost can be financed at this time. We are ap- proaching the federal and state agencies regarding an increase in our present grants. While a financial uncertainty does exist, we feel we should move forward on the eqnipment pro- posals. Mayor Thoms moved ,that the communication be received and filed. Seconded hy Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Mr. Pani Ombruni of H. D. & R. submitted a preliminary estimate for the overall expansion of the Sewage Plant to the amount of $14,355.00. The eqnipment costs at ,the present would he: 1. Sludge - Centrifuging Sys- tem - $330,000.00 2. Oxygen Generation and Dis- solution - $1,200,000.00 3. Thermal Sludge Conditioning - $650,000.00 for a grand total of $2,180,000.00. RESOLUTION NO. 264-74 Resolution authorizing Iha may- or to exacule a Latter of Intent 10 certain major equipmanl sup- pliers for the Pha.. II Wasle Water Trealment Facility. WHEREAS, pursuant to the direction of the City Council, pro- posals were received for centri- fuges, high purity oxygen genera- tor and dissolution equipment and thermal conditioning equipment on May 21, 1974, and; WHEREAS, the proposals re- ceived were evaluated by the con- su1ting firm of Henningson, Dur- ham and Richardson and the City Staff and recommendations were made concerning the eqnipment involved, and; WHEREAS, the City Council of the City of Dubuque has received the proposals submitted and the recommendation of the staff and consultants; NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE arTY OF DUBUQUE, IOWA THAT: Section 1. The Mayor and the City Clerk are herewith author- ized to execute the following Let- ters of Intent to the particular equipment suppliers on the Waste Water Trealment Facility Project all subject to the approval of the Environmental Protection Agen- cy: Type of Equlpmant Centrifuging System High Purity Oxygen System and Dissolution Equipment Gilbert D. ClNlvenelie City Manager 380 Special Session, July 8, 1974 ~udge Thermal Conditioning Sys- tem Suppliar Sharples-Stolœs Division of the penwalt Corp. Air Producta Corporation Zimpro, Inc. Section II. BE IT FURTHER RESOLVED THAT the staff and consultants are directed t<> pro- ceed with the detailed design of the construction contract docu- tDents for Phase II of the Waste Water Facility utilizing the here- tofore described eqnipment. passed, adopted and approved this 8th day of July, 1974. AI1an T. Thoms Mayor James E. Brady Alvin E. Lundh Etnil Stackis Councilmen Attest: Leo F. FrommeR City Clerk Mayor ThOtDS moved adoption of the resolution. Seconded by CounciiDlan Stackis. Carried by the following vote: Yeas - Mayor Thoms, CoWlcil- II1<!n Brady, LWldh, Stackis. Nays-Councilman Justmann. July 8, 1974 Honorable Mayor and City Council This is to request your Honor- able Body to approve a Resolu- tion to designate Mr. A. G. Heitz- man 8S the authorized official to execute for and in behalf of the City of Dubuque, for -the purpose of obtaining certain Federal fi- nanciAl assis-tance uuder Disaster Relief Act (public Law 93288, 91st Congress). Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication he received and filed. Seconded by Councilman Lundh. Carried by the following vote: Y- - Mayor Thoms,Council- II1<!n Brady, JustmJlnn, Lundh, Stackis. Nays-None. DESIGNATION OF APPLICANT'S AGENT RESOLUTION NO. 265.74 BE IT RESOLVED BY THE City Council OF Dubuque, Iowa, THAT A. G. Heitzman, Finance Director, is hereby authorized to execute """ ." for and in behalf of Dubuque, Iowa, a public entity estahlished under the laws of the State of Iowa, this application and to fiie it in the appropriate State office for the purpose of obtaining cer- tain Federal Financial assistance under the Disaster Relief Act (Pub- lic Law 93288, 91st Congress). Passed and approved this 8th day of July, 1974. Allan T. Thoms Mayor C. Robert Justmann Jatnes E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk CERTIFICATION I, Leo F. Frommelt, duly ap- pointed and City Clerk of Du- buque, Iowa, do hereby certify that the above is a true and cor- rect copy of a resolution passed and approved by the City Council of Dubuque, Iowa on the 8th day of July, 1974. Date: July 8, 1974 Leo F. Frommelt eity Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Proof of Publication, certified to by the Publisher, of invitation for bids for demolition of build- ings in the Urhan Renewal Area at (4th & Locust Streets), presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by CoWlcilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 266-74 Aulhorizing tbe execution of Demolilion Conlract No. 1.74 for Ihe Downtown Urban Re- newal Projecl, Iowa R.15 WHEREAS, under date of June 17, 1974, the City Council of the City of Dubuque authorized re- ceiving of proposals for the dem- f Special Session, July 8, 1974 olition and site clearance of cer- tain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, an Invitation for Bids for the said work was pub- lished on June 20, 1974 and June 27, 1974 in The Telegraph-Herald, a newspaper of general circulation in Dubuque, Iowa; and WHEREAS, Invitations for Bids were mailed on June 20, 1974 to 17 contractors and contractor as- sociations; and WHEREAS, the one sealed pro- posal received, opened and read alond by the City Clerk at 10:00 A.M. 011 July 5, 1974, was helow the estimate for the work; and WHEREAS, it has been deter- , mined that the awarding of Dem- I olition Contract No- 1-74 to the single hidder is in the best inter- ests of the City of Dubuque in undertaking the Downtown Urhan Renewal Project, Iowa R-l3¡ now therefore BE IT REJOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That Demolition Contract No. 1-74 for Demolition and Site Clearance of certain par- cels of real estate in the Down- town Urban Renewal Project, Iowa R.15, be awarded to the single bidder, F. N. Smith Con.truction, Inc. and K. W. Gaber Construc- tion Company, at a cost not to exceed $4,500.00. SECTlON 2. That the City Man- ager he and he is hereby author- ized and directed to execute the aforementioned contract on be- half of the City of Dubuque for the complete performance of the work. Passed, approved and adopted this 8th day of July, 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Etnil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt CUy Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: 381 Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 267.74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with -the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarett-e Papers within said City. Michael J. Skahill, 205 Locust Street Herman J. Meyer, 3355 Pennsyl- vania Ave. Therese A. Jansell WY-CaP Vend- ors, Inc.) 2375 Roosevelt Street Ray Fleckenstein (My-c.p Vend- ors, Ine.) 3275 ÐeBtral A~nu~ Richard Barton (lI!Y~p Vendors, Inc.) 1450 Loras Blvd. Passed, adopted and approved this 8th day of July 1974. Man T. Thoms Mayor Alvin E. Lundh Emil Staekis James E. Brady Councilmen Attest: Leo F. FroIDtDe]¡t City Clerk Mayor Thoms tDoved adoption of the resolution. Seconded by Councilman Lundh. Carried .hy the following vote: Yeas - Mayor Thoms, CoUJIcil- men Brady, Lundh, Staekis. Nays-Councilman Juslmann. RESOLUTION NO. 268.74 WHEREAs, applications for Liq. uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be a¡>- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, Mtb General As- sembly. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen, 1100 Lincoln Avenue 382 Special Session, July 8, 1974 passed,adopted and approved this 8th day of July 1974. A11an T. Thoms Mayor C. Robert Justmann James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption I * ~ r~rution. Seconded ~ Councilman Lundh. Carried by the following vote: Yeas ...:. Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 269.74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they hsve received the approval of this Council, and . WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED .by the eity Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor License. .. CLASS "C"(COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen, 1100 Lincoln Avenue Passed, adopted and approved this 8th day of July 1974. Allan T. Thoms Mayor C. Robert Justmann Alvin E. Lundh Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of ~ resolution. Seconded by Councilman Lundh. Carried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 4S.74 An Ordinence amending Ordi. nonce No. 33-49 known os Iha "Traffic Code of Dubuque, lowe" as emended, by repealing Sec. lion 99 of Schedule \I thereof end enacting a new Section gg. of Schedule II in lieu Ihereof to provide Ihel Keufmenn Ave- nue from the Wesl Property Line of Cenlral Avenue to Ihe E..I Property Line of Certer Road; and from Ihe We.1 Prop. erty Line of Carter Road 10 Ihe East Property Line of Crissy Drive; and from the West Prop- arty Line of Crissy Drive to Ihe East Property Line of John F. Kennedy Road; end from Ihe Wesl Property Line of John F. Kennedy Road 10 the Easl Prop- erty Line of Bonson Sireel ba designeted a through slraet, presented and read, Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. NaYs--'None. Councilman Justmann moved that the rulc requiring an Ordi- nance to be read on three sep- arate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 45-74 AN ORDINANCE AMENDING ORDINANCE NO. 33-4' KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, lOW A" AS AMEND- ED, BY REPEALING SECTION gg. OF SCEDULE II THEREOF AND ENACTING A NEW SEC- TION gg. OF SCHEDULE II IN LIEU THEREOF TO PROVIDE THAT KAUFMANN AVENUE FROM THE WEST PROPERTY LINE OF CENTRAL A VENUE TO THE EAST PROPERTY LINE OF CARTER ROAD; AND FROM THE WEST PROPERTY LINE OF CARTER ROAD TO THE EAST PROPERTY LINE OF CR1SSY DRIVE: AND FROM THE WEST PROPERTY LINE OF CRISSY DRIVE TO THE EAST PROPER- TY LINE OF JOHN F. KENNEDY ROAD; AND FROM THE WEST PROPERTY LINE OF JOHN F. KENNEDY ROAD TO THE EAST PROPERTY LINE OF BONSON Special Session, July 8, 1974 383 STREET BE DESIGNATED A THROUGH STREET. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, S<ction 1. Tho< Oedin""" No. 33-4' known" the "Tuff" Code of Du- buque, Iowa" " amendtd, be and the ..me i, he"by amended by "p"ling S"tion gg. of Schedule II thmof and e",cting a new Sootion gg. of ScheduJe II in lieu thmof " folIow" "Schedule II gg. Kaufmann Avonue !com the w,", pcopeny line of Centul Avenne to the e"t peopeny line of C"", Road; and fcom the w,", peop"'y line of Cmee Road to the "" peopeny line of Cei"y Deive; and fcom the we" pcopeny line of Cri"y Deive to the em pcop"'y line of John F. Kennedy Road; and !com the W"t pcopeny line of John F. Kennedy Road to the "" peop- "'y line of Bo..on Stceet." P"..d, appeoved and adopted thi, 8th day of July, 1974. AlIan T. Tho"" Mayoe C. Rob", In''mann Jam.. E. Budy Alvin E. Lundh Emil StOol", Councilmen ATTEST, Len F. Feummelt City Cleek Pnbli,hed offidalIy in the Teleguph Hmld New,papee thi, 11th day of J"Iy 1974. Len F. Fcommelt City Cleek It 7-11 Councilman Justmann moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Staekis. Nays-None. ORDINANCE NO. 46-74 An Ordinance emending Ordi- nance No. 33-49 known os lhe "Treffic Code of Dubuque, Iowa" as amended by edding e new Subsection 21 of Seclion B of Schedule III lhereof 10 provide Ibal northbound end soulhbound vehicles on Crissy Drive must stop before enlering Ihe inler. saellon of Kaufmann Avenue, presanted and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded hy Council- man Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann Lundh, Stackis. ' Nays-None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three sep- arate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 46-74 AN ORDINANCE AMENDING ORDINANCE NO. JH' KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMEND- ED BY ADDING A NEW SUB- SECTION 21 OF SECTION B OF SCHEDULE III THEREOF TO PROVIDE THAT NORTHBOUND AND SOUTHBOUND VEHICLES ON CRISSY DRIVE MUST STOP BEFORE ENTERING THE IN- TERSECTION OF KAUFMANN AVENUE. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, Section 1. Tho< Oedinance No. 33-4' known" the "Tuffic Code of Du- buqne, Iowa" " amended be =d the ..me i, heceby amended by en>Ctios a new ,ub..ction 21 to Section B of Sched- ule III theeenf " folIow" "B. Nonhbound and ,outhbound ve- hid" mwt ,top befoce entering 21. Kauf"",nn Avenue ",d Ce;',y Deive." P",ed, appeoved and adopted thi, 8th day of July, 1974. AlIan T. Thom, Mayoe C. Rob", Jwtmann Jam" E. Budy Alvin E. Lundh Emil S"cki, ATTEST, Leo F. Frommelt City Cleek Publi,hed offidalIy in the Teleguph Hmld New'papee th;, 11th day of July 1974. Leo F. Feommelt City Cleek It 7-11 Councilman Justmann moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 47.74 An Ordinance amending Ordi. nance No. 33-49 known os Ihe - - 384 Special Session, July 8, 1974 "Traffic Coda of Dubuque, Iowa" as amended by adding a new Subsection 9 10 Section D of Schedule X and a new Subsec. tion 10 to Section D of Schedule X thereof 10 require westbound vehicles 10 yield the right of way before eMering tha Soulh Inlersection and Ihe North In. lersection of Crissy Drive and Marywood Drive, presented and reacl. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. man Brady. Carried by the fol. lowing vote: y"", - Mayor Thoms, Council. men Brady,' Ju.lmann, Lundh, Stackis. Nays-None. Councilman Justmann moved that the rule requiring an Ordi- nance to he read on three sep- arate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Councii- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 47-74 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DU- BUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSEC- TION 9 TO SECTION D OF SCHE- DULE X AND A NEW SUBSEC- TION 10 TO SECTION D OF SCHEDULE X THEREOF TO RE- QUIRE WESTBOUND VEHICLES TO YIELD THE RIGHT OF WAY BEFORE ENTERING THE SOUTH INTERSECTION AND THE NORTH INTERSECTION OF CRISSY DRIVE AND MARY- WOOD DRIVE. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section I. ThO' O,din,n" No. 33-49 knowo " ,h, "Tuffic Cod, of Du- buqu" low," " ,mended b, ,od ,h, "m' i. hmby ,mend,d by ,dding , new ..boection 9 to Section D of Sch«l- nl, X ,.d , new .uboe"ion 10 to S,,- tion D of S,hedul, X thmof " fol- low" "Schedul, X D. Weotbound v,hid~ muot yield befo" ont"in, th, intm",ion of, 9. Cti"y Dti.. ,.d M"ywood Ddvo, .outh intm",ion. 10. Cd"y D"" ,.d M"ywood D"", nonh intm"tion." P",ed, ,pptoved ,.d ,dop"d thi. "h d,y of July, 1974. Al!.n T. Thorn. M,yo< C. Rob", Juotm,.n J=~ E. Budy Alvin E. L=dh Emil Suc¡u, Councilmen ATTEST, Len F. Fmmmelt City CI"k Publi.hed offici,lIy in th, Tel,suph Hmld N,w.p'p" ohio 11th d,y of July 1974. ùo F. Ftommelt City Cl"k a 7-11 Councilman Justmann moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 48.74 An Ordinanca amending Ordl. nance No. 3349 known as Ihe "Traffic Code of Dubuqua, Iowa" as amended by adding a new Subsecllon 8 10 Saclion C of Schedule X and a new Subsec. lion 9 to Sedio,n C of Schedule X thereof to require easlbound vehicles 10 yield the righl of way before enlering the South Interseclion and the North In- lersectlon of Crlssy Drive and Marywood Drive, presented a,nd read. CounciJman Justmann moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Brady. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Councilman Juslmann moved that the rule requiring an Ordi- nance to be read on three sep- arate days be waived. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 48.74 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DU- BUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSEC- Special Session, July 8, 1974 385 TION 8 TO SECTION C OF SCHE- DULE X AND A NEW SUBSEC- TION 9 TO SECTION C OF SCHE- DULE X THEREOF TO RE- QUIRE EASTBOUND VEHICLES TO YIELD THE RIGHT OF WAY BE FOR E ENTERING THE SOUTH INTERSECTION AND THE NORTH INTERSECTION OF CRISSY DRIVE AND MARY- WOOD DRIVE. NOW THEREFORE BE IT OR- DAlNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, S"tion I. ThO' O,di.,n" No. 33-49 known" the "Tuffic Cod, of Du- buqu" low," " 'mended b, ,.d the "m' i, hmby 'mended by ,dding , new .ub",tion 8 to Section C of Sched- ul, X ,.d a new .ub",tion 9 to S",ion C of Schedul, X thmof " follow" "Schedul, X C. Eaotbound v,hid" muot yield ¡,.,- fo" ontoting th, into"",ion of, 8. C""y D"ve ,.d M"ywood D"v" 'outh ioto"",ion. 9. C,i"y D,ive and M"ywood D".., nonh intm,,"on." Pa",d, 'ppwved ,.d adopted thi. 8th d,y of July, 1974. AI!.n T. Thorn. Mayo, C. Rob", Juotm,.n J,m" E. Budy Alvin E. Lundh Emil St"k" Co=cilmon ATTEST, Lro F. Fmmmelt City Cl"k Publi.hed officially in th, Tel"uph Hmld N,w.pape, ,hi. lah d,y of July 1974. Lro F. Fmmmel, Ci'y CI"k I' 7-11 Councilman Justmann moved final adoption of the Ordinance. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Justmann, Stackis. Nays-None. July 8, 1974 Mr. Gilbert D. Chavenelle, City Manager c/o Dubuque City Solicitor Re: Ecmnenical Housing Incorpo- rated On June 27, 1974, I ,transmitted to Mr. Russo supporting docu- ments indicating that Ecmnenical Housing had heretofore expended in excess of $130,000.00 toward the construction expense involved in the high rise faciiity. We are aware of pending litiga- tion wherein a challenge has been made regarding the City's expendi- ture of these funds and as of June 25, 1974, we received a formal feasibility letter from the Depart- ment of Housing & Urban Devel- opment a copy of which I enclose. You will note that Paragraph 12 of the exhibit attached to the feasibiiity letter requires that Ecu- menical Housing have evidence of funds in the amount of $325,676.00 on deposit in the name of Ecu- menical Housing prior to or at the time of requesting firm commit- ment. We are in the process of sched. uling the firm commitment meet. ing and need to have the $100,- 000.00 on deposit in the name of Ecumenical Housing in order to arrange that meeting. In view of the pending litiga- tion, we believe that the safest way for all parties to proceed would be for the City to advance the funds to us on the express conditiou that in the event the litigation should turn out adverse- ly to Ecumenical Housing incor- porated or the City of Dubuque, Ecumenical Housing Incorporated would and does hereby guarantee to make a prompt refund to the City of Dubuque of such funds. We trust that with this guaran- tee you would be in a position to make immediate .transmittal to us of the $100,000.00 amount. Thank you very much. Thomas W. Rhomberg, President Ecmnenical Housing Incorporated Councilman Lundh moved that the communication be received and filed and City Manager be directed to disburoe $100,000.00 to Ecmnenical Housing. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-Councilman Justmann. There being no further business, Councilman Stackis moved to ad- journ the meeting. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk 386 Special Session, July 8, 1974 APIProved ............ ........---..................1s:T4 Adopted ..............................................:1974 .......................................................... .......................................................... ............................................"............ .......................................................... ............................................."........... Councilmen Attest: City Clerk Special Session July 15, 1974 387 CITY COUNCIL OFFICIAL Special Sassion, July 15, 1974, Council met at 7:30 P.M. (C.D.T.) Presenl-Mayor Thoms, Council. men Brady, Juslmann, Slackis. Cily Manager Gilbert D. Chavenelle. Absenl-Councllman Lundh. Mayor Thoms read the eal1 and stated that service thereof had been duly made and this meeting is called to CONSiDER A VACA. TION AND SALE OF A PORTiON OF MAPLE STREET TO THE DU. BUQUE PACKING CO. and acting upon such other business as may properly come before a regu1ar meeting of the Council. Jniy 9, 1974 Honorable Mayor and City Council I am returning the petition of residents on Balboa Drive request- ing the installation of street light- ing. The area has been investigated by the Electrical Inspector and it is recommended that ,threc (3) 175 watt mercury vapor fixtures on wood poles be installed at the following locations: 1. On property line between 2761 and 2765 Balboa Drive. 2. On property line between 2782 and 2786 Balboa Drive. 3. At the intersection of Balboa Drive and North Grandview Avenue----on an existing pole. Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Man-ager Councilman Brady moved that the communication be received and filed and recommendation be approved. Seconded hy Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Ahsent-eouncilman Lundh. July 11, 1974 To the Honorable Mayor and City Council Please he advised that I have approved the following Sidewalk Construction Bond; and desire to have your approval on same. _.._---~~~ .. ~- -"~ William LuGrain, Midwestern Casualty & Surety Co. Bond No. 28445, dated July 1, 1974. Gilbert D. Chavenelle, etty Manager Mayor Thoms moved that the communication be received and filed and filing approved subject to approval of City Solicitor. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Stackis. Nays - None. Absent - Councilman Lundh. July 11, 1974 To the Houorahle Mayor and City Council You will recall that Dorance Pitz and Loretta Pitz, and Wayne Mills and Patricia Mills, as plain- tiffs, commenced an action agalnst the Board of Adjuslment, City of Dubuque, Iowa, as defendants, as Law No. 40022, in which the said plaintiffs challenged the action of the Board of Adjustment relating to what was done hy said Board relating to the Fourth Street area. This matter was tried to the Court without a jury, -and on July 11, 1974, the District Court of Du- buque County, Iowa, Honorable Karl Kenline presiding, entered judgment and decree in favor of the Board of Adjustment, City of Dubuque, Iowa, ordering that the Writ of Certiorari theretofore is- sued be quashed and the court costs assessed against the plaintiff. Accordingly, this hrings said matter to a conclusion unless there is an appeal which the plaintiffs would have the right to file within thirty (30) days of entry of the judgment or after ruling on post- trial motions. Original petition is returned herewith, and a copy of this com- munication is directed to the Board of Adjuslment, City of Du- buque, Iowa. R. N. Russo, City Attorney Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Stackis. Nays - None. Absent - Councilman Lundh. 388 Special Session July 15, 1974 M~01~e :,f u~~~:r::';n;:o:::~u~i \ m;;'~r;¿y~~:t~~~:"~k~~Cil- for camper damages incurred in Nays - None. the parking ramp between 8th & Absent - Counciiman Lundh. 9th Street on Locust Street as the Proof of Publication, certified result of not enough clearance at to by .the Publisher, of notice of exit on July 3, 1974, presented vacation and sale of a portion of and read. Mayor Thoms moved that Maple Street to the Dubuque pack- the notice of claim be referred ing Company between 16th and to the City Solicitor for proper 17th Streets, presented and read. proceedings. Seconded by Council- No written objections were reeeiv- man Brady. Carried by the foliow- ed and no oral objectors were ing vote: present in the Council Chamber Yeas - Mayor Thoms, Council. at tbe -time set for the public men Brady, Justmann, stackis. hearing. Mayor Thoms moved that Nays - None. the proof of publication be receiv- Absent - Councilman Lundh. ed and filed. Seconded by Council- Notice of Claim of James M. man Stackis. Carried by the fol- Peters in an undetermined amount, lowing vote: for broken car radio antenna at Yeas - Mayor Thoms, Council- the 8th Street parking ramp ent- men Brady, Justmann, Stackis. rance on June 28, 1974, presented Nays - None. . and read. Mayor Thoms moved that Absent - Councllman Lundh. the notice of claim he referred to ORDINANCE NO 49-74 the City Solicitor for proper. pro- An Ordinance for Ih~ Vacation ceB edd1DiSé Se~.:;d~ b?;. CO~~~I~~~ and Sale of Ihal portion of Maple ra y. am y e 0 Street lying between Ihe North vote: . Curb Line of Easl 161h Siraet Yeas - Mayor Thoms, Council- 10 South Curb Line of Easl 17lh men Brady, Juslmann, Stackis. Straet in Ihe City of Dubuque, Nays - None. . Iowa Absent - CO"."Cllman Lundh.. said Ordinance having been pre- Notice of ClalDl of Frank TIDl- viously presented and read at the merman in the am?unt of $5O.~7 Council meeting of June 17, 1974, for truck damage mcurred while presented for final adoption. unloading at the ClIy Landf1ll al- legedly bumped into by a City E!nployee on July 6, 1974, present- ed and read. Mayor Thoms moved that the notice of claim be referred to the City Solicitor for proper proceedings. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Stackis. Nays - None. Absent - Councilman Lundh. Petition of Linda Shimerda et al (29 signers) requesting the erec- tion of a stop sign at Biock A onto Butterfield Road and one 15 MPH speed sign be placed at southwest corner of PennsylvaJÙa and But- terfield Road and one at east side of Butterfield Road at entrance from Block A in Oakbrook Sub., presented and read. Mayor Thoms moved the petition he received and filed and referred to the City Man- ager and Traffic ,Deparlment for investigation and report. Seconded by Counciiman Stackis. Carried by the following vote: ORDINANCE NO. 49.74 AN ORDINANCE FOR THE V A- CATION AND SALE OF THAT PORTION OP MAPLE STREET LYING BETWEEN THE NORTH CURB LINE OF EAST 16TH STREET TO SOUTH CURB LINE OF EAST 17TH STREET IN THE CITY OF DUBUQUE, IOWA WHEREAS, Dubuqu. P"king Com- pany, Dubuqu., Io"a b.. ",,""on.d tb. City Coun.il of ,],. City of Dubuqu., Iowa for ,]" .,c"ion of tb" po"ion of Mapl. S"'" lying bot""n tb. No"b curb lin. of E..r 16tb S"'" to Soutb curb lin. of Ea" 17tb S""t in tho City of Dubuque, Iowa and for tho purcb.., of ..id ."",d portion of Mapl. S""t by Dubuqu. P"king Company; and WHEREAS, ,],. P!.nning and Zooing Commanon of ,],. Cicy of Dubuque, Io"a, b.. rccoomm.ndod ,],. "",,,ion of "id ""'" and WHEREAS, tho City Council of tho City of Dubuqu., Iowa dmrmin.. tb" ,"d all.y ,bould b. .",tod ..d dUpe.i- "on of "m. ro tho ",,""onm mould bo approvod ,ubj"t to tbe ...au ..d condi- <ion' bminaf... "t out: NOW THEREPORE BE IT ORDAIN- ED BY THE CITY COUNCIL OP THE CITY OF DUBUQUE, IOWA, Special Session July 15, 1974 389 Sec""" 1. Tb" tb" penion of Mapl. St"'t in tbe City of Dubuqu.. Iowa lyiog bot""n tb. norcb curb line of Ea" 16m s"co< to tho ,outb curb lin. of Em 17tb St"'t b. and tb. ..m. i. hor.by vac",d, and tho "I. thoreof to Dubuqu. Packing Company b. and the ..me ¡, hmby approvod. Seenon 2. Thor tbe Ci<y Clork be ,nd be ¡, b.",by diremd to publi.h no"ce of in"nt to d¡'po" of ,aid vacarod po"ion of Maple S"co< to Dubuqu. Packins Compaoy for tho ,um of On. Thou"nd Eigbr Hundred (!IBOO.OO) Don", and """ of publication and any pl""ng """', ,ubi'" to on ....ting utility"'" m.o" and th" no ab""" ..ill bo fur- nisb.d and conVOyaOce ,bon be by Qui< Claim D"d. Pa",d, opprovod and adopted thi, 15tb day of July, 1974. Anon T. Thom, M",." C. Robe" Junmann Emil Suck;, Jom.. E. B"dy Councilmcn ATTEST, L.o F. F<nmmeh Chy Clork Publi,b.d olficiolly in ,b. T.l.g"ph Herald N....po"., ,bit 19th day of July 1974. Loo F. Frommdt City CI"k It. 7.19 . Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Stackis. carried by the following v<>te: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays - None. Absent - Councilman Lundh. RESOLUTION NO. 270-74 WHEREAS, pursuant to Resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published in the City of Duhuque, Iowa, on June 21, 1974 and June 28, 1974, City Council of the City of Dubuque, Iowa, met on the 15th day of July, 1974, at 7:30 o'clock P.M. (Central Daylight Savings Time) in the City Council Chambers, City Hall, Du- huque, Iowa to consider proposal to dispose of interest of the City of Dubuque, Iowa, in real estate, hereinafter described, to Dubuque Packing Company; and WHEREAS, City Councii of the City of Dubuque, Iowa, over-ruled any and all objections, oral or written, to the proposal to di.pose of interest of City of Dubuque, Iowa, in the hereinafter described real estate to Dubuque Packing Company; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in the following descrIbed real es- tate, to-wit: That portion of vacated Maple Street in the City of Dubuque, Iowa, lying between the north curb line of East 16th Street to the south curb line of East 17th Street to Dubuque Packing Company for the purchase price of One Tho"", and Eight Hundred ($1,800.00) Dol- lars and costs of puhlication, and any platting costs, subject to all existing utility easements and that no abstract will be furnished and conveyance shall be hy Quit Claim Deed, be and the same is herehy approved. Section 2. That the City Clerk be and he Is hereby 'authorized and directed to deliver deed of convey- ance conveying the above describ- ed real estate to Dubuque Packing CompanY upon receipt of the pur- chase price. Section 3. That the City Clerk be and he is hereby authori2ed and directed to record a certified copy of this Resoulution in the office of the Dubuque County Re- corder. Passed, approved and adopted this 15th day of July, 1974. Allan T. Thoms Mayor C. Robert Justmann Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thúms moved adoptiún of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Stackis. Nays-None. Absent - Councilman Lundh. A resolution from the City of Fort Dodge, Iowa supporting and encouraging the concept of an ad- vance rail system for Northern Iowa that would connect Sioux City, Fort Dodge, and Waterloú to the newly existing Amtrak con. 390 Special Session July 15, 1974 nection in Dubuque, Iowa, pre- sented and read. Councilman Just- I mann moved that the resolution be received and filed. Seconded hy Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Absent-Councilman Lundh. Communication of State Repre- sentative R. W. Welden, addressed to Mayor Thoms, stating legisla- ture is depending on the Trans- portation Commission to come up with recommendations and figures on the financial feasibility of what might be done in the area of rail transportation, presented and read. Councilman Justmann moved that the coDlIlunication be received and filed. Seconded by Mayor I Thoma. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, stackis Nays-None. Absent-Councilman Lundh. RESOLUTION NO. 271.74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of ciga. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Beverly Glynn, 1121 University Avenue Big G Steak House, Inc., Plaza 20 Norbert Bisping, 1401 Elm Street Mister Donut, 914 Dodge Street Passed, adopted and approved this 15th day of July 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Stackis. Nays-Councilman Justmann. Absent-Councilman Lundh. RESOLUTION NO. 272.74 WHEREAS, applications for Liq. uor Licenses have heen suhmitted 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) BEER AND LIQUOR LICENSE Mrs. Patricia Revelle, 2776 Jack- son Street Passed, adopted and approved this 15th day of July 1974. Allan T. Thoms Mayor C. Robert Justmann Emil Stackis James E. Brady Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Absent-Councilman Lundh. RESOLUTION NO. 273.74 WHEREAS, applications for liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor License. CLASS "C" COMMERCIAL BEER AND LIQUOR LICENSE Mrs. Patricia Revelle, 2776 Jack- son Street Passed, adopted and approved this 15th day of July 1974. Allan T. Thoms Mayor C. Robert Juslmann Emil Stackis James E. Brady Councilmen Special Session July 15, 1974 391 Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. earried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Absent-Councilman Lundh. RESOLUTION NO. 274-74 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Dubuque Jaycees, 1023'h Main St., Sunday Sales St. Elias The Prophet Greek Ortho- dox Church, 1075 Rockdale Rd., Also Sunday Sales Passed, adopted and approved this 15th day of July 1974. Allan T. Thoms Mayor C. Rohert Juslmann Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried ,hy the following vote: Yeas - Mayor Thoms, Council- men Justmann, Stackis. Nays-Councilman Brady. Absent-Councilman Lundh. RESOLUTION NO. 275.74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager he authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Jaycees, 1023"" Main St., Sunday Sales. St. Elias The Prophet Greek Or- thodox Church, 1075 Rockdale Road, also Sunday Sales Passed, adopted and approved this 15th day of July 1974. Allan T. Thoms Mayor C. Robert Justmann Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Justmann, Stackis. Nays-Councilman Brady. Absent-Councilman Lundh. Application for transfer of Beer-Liquor License to Lorraine A. Fransen from 1900 Washington Street to 1100 Lincoln Avenue, presented and read. Mayor Thoms moved that the application he ap- proved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Stackis. Nays-Councilman Brady. Absent-Councilman Lundh. Application for transfer of Beer Permit License from 1023'h Main Street to McAleece Recreation Softball Fields, Kerper Blvd. from August 1 to August 11, 1974, for Dubuque Jaycees, presented and read. Mayor Thoms moved that the application be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Stackis. Nays-Councilman Brady. Absent-Councilman Lundh. Mayor Thoms moved to suspend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justman, Stackis. Nays-None. Absent-Councilman Lundh. Elza Adams addressed the Coun- cil inquiring what type of recrea. tion is available in the City of Dubuque for the older people and 392 Special Session July 15, 1974 Special Session, July 22, 1974 393 CITY COUNCIL complaining about the noise of motorcycles and cars. There being no further business, Councilman Stackis moved to ad- journ the meeting. Seconded by Councilman Juslmann. Carried ,by the following vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Stackis. Nays-None. Absent-Councilman Lundh. Leo F. Frommelt City Clerk OFFICIAL Special Session, July 22, 1974. Council mal 01 7:30 P.M. (C.D.T.) Presenl - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Cily Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that notice had heen duly made and this meeting is called for the purpose of GOING ON RECORD REQUESTING LEGISLA. TURE OF STATE OF IOWA TO ADOPT A MOTORCYCLE HEL- MET LAW FOR THE STATE and acting upon such other business as may properly come 'hefore a regular meeting of the City Coun- cil. Communication of Duane A. Denlinger, Chairman of Duhuque County Committee for Handi- capped Persons submitting copies of Senate File 1124, relating to curb ramps for the physically han- dicapped, and Senate File 1125, re- lating to the construction of pri- vate and public buildings and fa- cilities which are intended for use hy the general public, presented and read. Mayor Thoms moved that the communication be re- ferred to the City Manager for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Iowa Depart- ment of Environmental Quality, notifying of public hearing to be held at 1:30 P .l\1. on September 11, 1974, in Ames, Iowa concern- ing State of Iowa Air Pollution implementation Plan, presented and read. Mayor Thoms moved that the communication he re- ferred to the City Manager and Council. Seconded by Councilman Lundh. Carried hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Iowa State Highway Commissioner, Jules M. Busker, addressed to the Mayor, Aipproved .............l974 Ado¡pted .......... ........¡9'/14 ..."........................ Mayor ................................."... Councilmen """","""""""""'" Attest: """ë1i;"ëi~rk ""'" " thanking Council & Staff for en- joyable day, whiie visiting the City on June 26, 1974, presented and read. Mayor Thoms moved that the communication ,be re- ceived and filed. Seconded hy Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Naya-None. Communication of Low-Rent Housing Commission submitting minutes of their meeting of July 9, 1974, presented and read. Coun- cilman Lundh moved that the communication be received and filed. Seconded hy Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Communication of Edna M. Thompson, eoordinator-Aid to Dal- ly Living, reprimanding some councilmen on charges agalnst Mr. Paul ZImmerman, presented and read. Mayor Thoms moved that the communication .be received and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. July 19, 1974 Honorable Mayor and Members of the City Council I have approved the following policies and desire to have your approval of same for filing. General Liability Policy M. F. Goerdt Construction Com- pany, etal, Dubuque, Iowa Bi. tuminous Casualty Corporation Fire & Marine Ins. Co. Policy No. GA739247 to April 1, 1975. Tschiggfrie Excavating, etal, Du- buque, Iowa. Bituminous Cas- ualty Corporation Fire & Ma- rine Ins. Co. Policy No. GA- 753174 to April 1, 1975. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and filing be approved suhject to the approval of the City Attor- ney. Seconded by Mayor Thoms. Carried by the following vote: 394 Special Session, July 22, 1974 Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Dubuque County/Municipal Civil Defense Agency submitting their report for the year 1973, presented and read. Mayor Thoms moved that the communication be received and filed and Civil Defense Direc- tor, Ben J. O'Leary, be commend- ed for work done during the year. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. July 19, 1974 Honorable Mayor and City Council I am submitting herewith the reports of the City Treasurer, Auditor, Water Superintendent, Health Department, as well as a list of claims paid, for the month of June 1974. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed and Financial Report be I put on file to be made available to the Council in the future. Sec- onded by Councilman Stackis. Car- ried by the following vote Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Notice of Claim of LaVern Ney, in the amount of $550.00, for 1964 Pontiac automobile allegedly sto- len from the City Garage while being held for evidence, present- ed and read. Mayor Thoms moved that the notice of claim be re- ferred to the City Attorney for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Dubuque County Attorney notifying City of a public hearing to be held on July 24, 1974, at 1:00 P.M. at County Court House for determi- nation of payment of storage charges for vehicle of John & Judy Kramer, presented and read. Ma- yor Thoms moved that the com- '" munication be referred to the City Attorney for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Juslmann, Lundh, Stackls. Nays-None. July 17, 1974 Honorable Mayor City Council On June 7, 1974, Robert Boyar- ski, 3445 Sunset Park Circle, Du- buque, Iowa, filed claim against the City of Dubuque in the approx- imate amount of $200.00 alleging damages to personal property in the basement of his home as a re- sult of a sewer back up allegedly occurring on October 7, 1973, as a result of a clogged city sewer. This matter was referred to the appropriate city agency who made investigation thereof and advised this office on July 11, 1974, of no negligence on the part of the city. In view of the foregoing, it is the recommendation of the city attorney that the clahn of Robert Boyarski ,be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the recommendation of denial be ap- proved. Seconded by Councilman Lundh. Carried by tbe following vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Fondell & Sons, Inc., requesting permission to excavate at 1525 Rhomberg Avenue to re- pair broken water line, presented and read. Mayor Thoms moved that the petition be received and filed and approved. Seconded by Councilman Stackls. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of YMCA-YWCA re- questing to rewne North East cor- ner of Dodge and Booth Streets, located at 1497 Dodge Street, from two family residence district to multiple family to provide for non- revenue off-street parking use, presented and read. Councilman Justmann moved that the petition be referred to the Planning & Zon- Special Session, July 22, 1974 395 ing Commission. Seconded hy Councilman Stackis. Carried ,hy the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Petition of Mrs. Christine Zhn- mer et al objecting to the pro- posed building of a several-car ga- rage on the corner of Alpine St. & University Ave., presented and read. Councilman Stackis moved that the petition be referred to the Council meeting of July 29, 1974. Seconded by Councilman Brady. Carried by the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Petition of Donald Brimeyer re- questing refund of $75.00 on unex- pired Class "B" Beer Permit #B- 2816, as he has discontinued busi- ness on July 17, 1974, presented and read. Mayor Thoms moved that the petition be approved and City Auditor be directed to issue proper warrant. Seconded by Coun. cilman Justmann. Carried by the following vote Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 276-74 Aulhorizing Ihe Execution of e Certificale of Complelion for Thomas F. Leibold. WHEREAS, under date of Au- gust 5, 1971, the City of Duhuque entered into a Contract for the Sale of Land for Private Redevel- opment with Thomas F. Leihold for the real estate hereinafter de. scribed; and WHEREAS, under the terms of said contract the suhject real es- tate was conveyed by the City of Dubuque under date of Septem- ber 20, 1971, to Thomas F. Leibold who constructed thereon certain hnprovements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the improvements the City of Dubuque will furnish Thomas F. Leibold a Certificate of Completion; and WHEREAS, it has determined that the reqnlred hnprovements have been satisfactorily complet- ed; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section I. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute a Certificate of Completion for Thomas F. Leibold for the im- provements located on Lot 1 of Block 4 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15. Seclion 2. That the Clerk he and he is hereby authorized and directed to file a copy of this reso- lution and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 22nd day of July, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded hy Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 277.74 Aulhorizing Ihe Execution of . Certificale of Complallon for The First Nalional Bank of Dubuque. WHEREAS, under date of Oc- tober 6, 1970, the City of Dubuque entered into a Contract for the Sale of Land for Private Redevel- opment with The First National Bank of Dubuque and Adams Realty Corporation for the real es- tate hereinafter descrihed; and WHEREAS, under the terms of said contract the subject real es- tate was conveyed hy the City of Dubuque under date of June 8, 1971, to The First National Bank of Dubuque who constructed there- on certain improvements; and WHEREAS, Section 307 of said contract provides that upon com- pletion of the Improvements the City of Dubuque will furnish The 396 Special Session, July 22, 1974 First National Bank of Duhuque a Certificate of Completion; and WHEREAS, it has determined that the required improvements have been satisfactorily completed; noW therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby Authorized and Ilirected to execute a Certificate of Completion for The First National Bank of Du- buque for the improvements lo- cated on Block 18 in Dubuque Downtown Plaza in the City of Dubuque, Iowa, situated in the Downtown Urban Renewal Project, Iowa R-15, Seclion 2. That the City Clerk ,be and he is hereby authorized and directed to file a COpy of this reso- lution and the executed copy of the Certificate of Completion in the office of the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 22nd day of July, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen wear protective headgear and eye protective devices are critically essential to the pu,blic health, wel- fare, and safety in terms of the general public as well as to the motorcyclist; and WHEREAS, the City Council of the City of Dubuque, Iowa, con- siders it of critical importance that all interested parties bring to bear such moral persuasion upon such State Legislature of Iowa by way of vigorous representations there- to in the interest that said legis- lature immediately adopt a motor- cycle heimet law for the State of Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council, City of Dubuque, Iowa, does for- many go on record requesting that the Legislature of the State of Iowa, at the earliest possible time adopt a motorcycle helmet law for the State of Iowa. Section 2. That a certified copy of this Resolution be transmitted forthwith to the office of the Governor of the State of Iowa, to the Director of Public Safety of the State of Iowa, and to the major- ity and the minority leaders of the Senate and of the House of Repre. sentatives, State Legislature of Iowa. Passed, approved and adopted this 22nd day of Jniy, 1974. C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: yeas - Mayor Thoms, Council- men Brady Justmann, Lundh, I Stackis. Nays - None. RESOLUTION NO. 278-74 wHEREAS, the City Council of the City of Dubuque, Iowa, has become painfully aware of the in- crease in the incidents of motor- cycle accidents together with the resulting increase in severe injur. ies as the result of said accidents to the motorcyclists, and which injuries appear to he principally involving head injuries resulting in either, death or severe perma- nent injuries; and WHEREAS, it appears to the City Council of the City of Du- buque, Iowa, that the reqnirement by State law for motorcyclists to Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the foUowing vote: Yeas - Councilman Brady, Juslmann, Lundh, Stackis. Nays - Mayor Thoms. RESOLUTION NO. 279-74 Re.olulion Approving "West- chester" in the Cily 01 Dubuque, Iowa. Whereas, there has been record. ed in the Office of the eounty Re- corder for Dubuque County, Iowa: A plat of "Westchester" in Sec- tion 21, Duhuque Township now in the City of Dubuque, Iowa. Special Session, July 22, 1974 397 by Westchester Inc. as Owner thereof; and Whereas, said plat was examined by the City Planning and Zoning Commission and approved by said body; and Whereas, on said plat appears streets to be known as Southway, Delmonaco Drive, and Dana Drive, and also easements for public utilities which the Owner upon said plat has dedicated to puhlic forever; and Whereas, said plat has been found ,by the City Council to con- form to the Statutes and Ordi- nances relating thereto except that the streets have not been reduced to grade or paving, sewer, water or s.\dewalks installed therein; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Southway, Dana Drive, and Del- monaco Drive together with the easements for public utilities aU as the same appears upon said plat; be and the same are hereby accepted and that said streets be and are hereby established as puhlic streets in the City of Du- buque; Section 2. That "Westchester" Is hereby approved and the Mayor and City Clerk are hereby author- Ized and directed to endorse the approval of the City of Dubuque providing the owner of said pro- perty, hereinbefore named, exe- cutes written acceptance hereto attached, agreeing: a. To reduce Southway, Delmonaco Drive and Dana Drive and to grade as shown by the profiles submitted and approved by the Ctiy Engineer on July 19, 1974. b. To surface all streets a width of 31 feet with 6V." of Portland Cement Concrete Pavement in- cluding 4" Rolled Stone Base bedding or 8" Rolled Stone Base wtih 2~" Bituminous Concrete Surface. All of the foregoing shall be constructed according to the latest City of Dubuque Specifications and in conform- ance with plans approved hy tbe City Engineer on July 19, 1974. c. To install sidewalks on both sides of the streets (all) in ac- cordance with the eity of Du- i ,buque Standard Specifications for permanent sidewaikB. d. To install water mains In ac- cordance with plans .ubmitted and approved by the City En- gineer on July 19, 1974. e. To install sanitary sewers in ac- cordance with plans submitted and approved by the City En- gineer on July 19, 1974. f. To install the sanitary sewer and water house laterals for each lot to be behind the p~ peTty lines in accordance with plans submitted and approved by the City Engineer on July 19, 1974- g. To construct ail the Improve- ments in accordance with plans and specifications approved by the City Manager and under the inspection of the Ci,ty Enginei!!'. h. To Inotal! the storm sewer sy- stem in accordance with plans suhtnitted and approved by the City Engineer on July 19, 1974. i. To maintain all street improve- ments and sewer and water mains and respective laterals within the public right-of-way for a period of four (4) years from the date of its acceptance. j. to construct all said improve- ments prior to November 30, 1976. k. To prov;de all the construction and maintenance at the expense of the Owner. I. To be responsible for any damage to existing utilities dur- ing construction including silt- ing of catch baslm due to run- off from stripped areas of land, and further repair said damages immediately upon notice from the City of Dubuque. m. 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 section of the proposed subdivision. n. To protect and maintain the earthen and sodded berms con- structed on the westerly area of the subdivision for the pur- pose of collecting storm runoff and same shall become a per- manent and incorporated part of the final grading and land- scaping of the subdivision. Any damages of said berm or re- grading thereof shall be cor- rected at the owners expense 398 Special Session, July 22, 1974 immediately by the owner upon notification of the City of Du- buque. I and further provided tbat West- chester, Inc., as Owner of said Sub- division secured the performance of the foregoing conditions by pro- viding security in such sums and with sucb sureties as may be ac- ceptable to the City Manager. Saclion 3. That in the event West- chester, Inc., shall fail to exe- cute the acceptance and provide security provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution, the provisions hereof of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 22nd day of July, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Juslmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. To Leo F. Frommelt, City Clerk This is to certify that the se- curity required for the foregoing Resolution 279-74 has been pro- vided by the Owner. Dubuque, Iowa, July 22, 1974. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 279-74 Westchester, Inc., having read the terms and conditions of the foregoing Resolution 279-74, and being familiar with the contents thereof, hereby accept the same and agree to perform the condi- tions therein required. WESTCHESTER, INC. Homer V. Butt President Ed Turnqnist Secretary ."","- Dated July 22, 1974. Councilman Stackis moved that the matter of surface drainage in new subdivisions be referred to the City Manager with a view of adopting an amendment of Sub- division Ordinance to make pro- visions of drainage problems. Sec- onded by Councilman Brady. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, JustmanD, Lundh, Stackis. Nays - None. Mayor Tboms moved approval of the Acceptance of Resolution. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Tboms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. July 19, 1974 Honorable Mayor and Councilmen You have inqnired in to the status of the petition of Dorrance Pitz and others, which was re- ferred to the Planning and Zoning Commission at your meeting of March 26, 1973. Tbepetition had requested deletion of the profes- sional Office provision as it per- tained to property on the west side of Bluff Street between West Third Street and West Fifth Street, and sought to limit this property to residential uses ordinarily per- mitted in the Multiple Residence zone. The petition was never for- mally placed before the Commis- sion since tbe essential issue It raised was then pending before the Council in the form of a competing request for the expan- sion of the Professional Office zone in the same area. Ruth and Russell Nash had filed a petition in September, 1972, re- questing the expansion of the Professional Office zone to include their property at 471-473 West Fourth Street, and further request- ing a designation of historical or architectural significance for that structure to enable limited com- mercial use pursuant to provisions of Ordinance No. 28-70. The basic premise of Ordinance No. '28-70 (historical preservation ordinance) is that limited commercial use may be allowed in significant older Special Session, July 22, 1974 structures as a means of encourag- the petition of March 26, 1973, we ing their survival, provided that will place it before the Commis- such structures may he within an sion at their next regular meeting, area otherwise deemed suitable for but on advice that it stands in professional office use. The Pro- couflict with recent Council de- fessional Office designation is an cisions in this area and would independent and necessary pre- seriously erode the legal founda- requisite for the application of lion of actions establishing the the commercial use privilege of historical-commercial use district. Ordinance No. 28-70. Daniel Dittemore The Professional Office pro- Development Planner ~~~~s ~;e ~s\~~~~-c~~::'e~~f~ Councilm~ Stackis moved that use could be attached, since the the comm!,DlcatIOn be. referred to underlying zone is intended to ac- t?e Planmng and Zonmg Cor,nnus. commodate restricted office uses SIOn. Seconded. by Councilman within Multiple Residence areas, Justma~. CarrIed by the follow- where traffic conditions, environ- mg vote. mental character and relationship Yeas - Mayor Thoms, Council- to adjacent areas of more intensive men Brady, Justmann, Lundh, use would support the establish- Stackis. ment of this intermediate office- Nays - None. ~~:~~~ng:ácediJ¡~f~i~ :~: b::~f:~ At 9:00 !'.M. May~r Thoms tablished on the west side of Bluff moved to.go mto exe~utIve seSSIOn Street in 1967 upon determination to consIder appomtments to that this int~rmediate office-resl- Boards an.d Commissions. Se~onded dentiai district was appropriate on by Counci!man Brady. Camed by this perimeter of the downtown the following vote: . commercial core. Yeas - Mayor Thoms, Council- The Pitz petition had asked that ~~~kisBradY, Jnstmann, Lundh, this zone he eliminated in the vi. . cinity of West Fourth Street. To Nays - None. do so would have isolated the Ele- Council reconvened in regular vator area properties from any session at 9:13 P.M. and Mayor office or commercial zone and Thoms announced the reappoint- would have made the historical ment of Paul J. Frommelt to the preservation zoning issue far more Playground & Recreation Commis- vunerable to attack as "spot zon- sion for a three year term to ing". This petition was therefore 7-5-77. Mayor Thoms moved ratifi- an opposite alternative to the issue cation of the appointment. Sec- then under consideration hy the onded by Councilman Lundh. Car- Commission and Council, due to ried by the following vote: irreconcilable differences between Yeas - Mayor Thoms Council- it and the Nash request. men Brady, Justmann; Lundh The minutes indicate that the Stackis. ' ~~~sJ~~~re~a~f ~e p\~~l~:;~~ Nays - None. co-petitioners during the extensive Councilman Lundh s,!bmitted a proceedings which transpired after verbal report on his trip to Den- the request had heen filed. How- ver, Colorado as an attendant at ever, the Commission, and later NAHRO. the Coun~i!, ruled in favor of !he There being no further business, Nash petItIon for the expanSIon Councilman Stackis moved to ad- of. the !,rofessional Of!ice .zone. At journ. Seconded by Councilman this pomt, the competing ISsues of Lundh. Carried hy the following the Nash and Pitz petitions had vote ~~nc~~':'~ile~obiha~~h~~m:::si~ft Yeas - Mayor Thoms, Council- to be no n~ed for a separate re- men. Brady, Juslmann, Lundh, sponse to Mr. Pitz and his co- Stackis. petitioners. Nays - None. If it is the wish of the Council Leo F. Frommelt to obtain a specific response to City Clerk 399 400 AiPlPrO'Ved ..... Adopted .... Attest: City Clerk Special Session, July 22, 1974 ................1974 ....................1974 Mayor Councilmen Special Session, July 29, 1974 401 CITY COUNCIL OFFICIAL Special Session, July 29, 1974. Council met at 7:30 P.M. (C.D.T.) Presenl - Mayor Thoms, Coun- cilmen Brady, LlN1dh, Slackis. City Manager Gilbert D. Chavan.lle. Absenl-Councilman Juslmann. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose of INAUGURATING PROCEEDINGS FOR THE CONSTRUCTION OF CENTURY DRIVE AND BIES DRIVE 8" SANITARY SEWER and acting upon such other business as may properly come ,before a reg- niar meeting of the Council. Communication of Playground & Recreation Commission suhmitting minutes of their meetings of Jniy 8th, 9th, 15th and 17th, presented and read. Councilman Brady moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Ahsent-Councilman Justmann. Communication of Iowa Motor Truck Assn. Inc., advising of legis- lation to permit movement of motor carrier traffic in Iowa bor- der cities over and above length and weight limitation Imposed by Iowa, provided the vehicle was within the limitations set out hy the adjacent State and requesting to be informed if the Council ap- proves or restricts such operation in the community, presented and read. Mayor Thoms moved that the communication ,he referred to the City Manager and City Soli- citor. Seconded hy Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Aibsent-Councilman Juslmann. Communication of Congressman Neal Smith advising of receipt of Council resolution supporting rail system service in northern Iowa and he will take whatever action is proper to assist in the project, pre- sented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Communication of Water Re- sources Congress advising of a meeting to be held in Minneapolis on August 15, 1974, to review present status of maintenance dredging and environmental ac- tions, presented and read. Mayor Thoms moved that the communica- tion be referred to the Council. Seconded by Councilman Lundh. Carriedhy the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays - None. Ahsent-Councilman Juslmann. Communication of Iowa State Highway Commission suhmitting Adroinistrative Policies and Pro- cedures Manual on Bikeway and Walkway Facilities, presented and read. Mayor Thoms moved that the communication be referred to the City Engineer and City Planner. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. Communication of Mayor Thoms submitting a National League of Cities communication in regard to a pilot research program in co- operation with the City and local colleges and universities bearing on problems confronting city of- ficials, presented and read. Coun- cilman Stackis moved that the communication be referred to the Ctiy Manager to make our interest and intent known and investigate same. Seconded <by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Communication of Planning & Zoning Commission submitting minutes of their meeting of July 17, 1974, presented and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Brady. Carried by the following vote: 402 Special Session, July 29, 1974 ._~ Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. Communication of Playground & Recreation Commission submitting a feasibility report on the Ice Fa- cility and an outline of the Five Flags Center, presented and read. Councilman Brady moved to sus- pend the rules to let anyone address the Council if they so de- sire. Seconded by Councilman Lundh. Carried hy the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Mr. Richard Slattery of the Re- creation Commission and Mr. Ron Bowen of Bowen-Kanazawa Part- nership Architects of Madison, Wisconsin, presented the Council with a Feasibliity Report on the Ice Facility. Councilman Brady moved to re- instate the rules. Seconded by Councilman Lundb. Carried by the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. Councilman Brady moved that the communication and report be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. July 23, 1974 Honorable Mayor and City Council Enclosed is a petition received by the Electrical Department from J. W. Hansen Builder for street light installation in Key Knolls Subdivision. The area has been investigated by the Electrical Inspector and it is recommended that six (6) 175 watt mercury vapor type fixtures, on wood poles, be installed at the following locations: 1. At the intersection of Hillcrest Road and Keymeer Drive 2. On easement between 3625 and 3631 Keymeer Drive 3. On easement between 3586 and 3594 Keymeer Drive 4. On easement between 3562 and 3570 Keymeer Drive 5. On easement between 2033 and 2045 Woodrow Drive 6. At the intersection of Hillcrest Road and Woodrow Drive. Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and request be approved. Seconded by Councilman Lundb. Carried by the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. July 25, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the petitions of Holiing- worth, Manning, Steffen, Koerper- ick and Johnson, owners of pro- pel'ty lying between Giencove Lane and Pennsylvania Avenue. These petitions were ali similar in nature and had requested a reclassifica- tion of portions of five single family lots from Single Family Residence District to Local Busi- ness "B" District. The Commission is aware tbat these petitions were submitted to you apparently in reaction to an- other zoning reclassification mat- ter then under consideration in an adjacent area. The Commission has also determined that there is no reasonabie basis for favorable con- sideration of these five petitions and has recommended that they be denied. CITY pLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Councilman Lundh moved that the communication be received and filed and recommendation of denial approved. Also, Planning & Zoning Commission should notify petitioners of action taken. Seconded by Councilman Brady. Carried by the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. July 19, 1974 Honorable Mayor and City Councli On June 4, 1974, James W. Grant of 431 Alpine Street, filed claIm Special Session, July 29, 1974 403 against the City of Dubuque, Iowa, in the amount of $2,385.00 claim- ing said damages occurred on Feb- ruary 27, 1974, as the result of a plugged sewer at said site causing sewage to back up into the base- ment of his home. This matter was referred to the appropriate city agency who made investigation thereof and advised this office on July 17, 1974, of no negligence on the part of the city. In view of the foregoing, it is the recommendation of the city attorney that the claim of James W. Grant be denied. Original claIm is returned herewith. R N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and the recommendation of denial be approved. Seconded hy Councilman Lundb. Carried hy the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundb, Stackis. Nays-None. Absent-Councilman Justmann. Notice of Claim of Leeann Lar- sen, in the amount of $62.83, for car damage incurred at the time of a police call at the Doghouse during a disturbance on July 11, 1974, presented and read. Mayor Thoms moved that the notice of claIm be referred to the City At- torney for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. Notice of Claim of Richard J. Kramer in the amount of $52.05, for damaged garbage cans as the result of mishandling by the City garbage crews at 2721 Muscatine Street over a period of time, pre- sented and read. Mayor Thoms moved that the notice of claIm be referred to the City Attorney for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent--Councilman Justmann. AN ORDINANCE amending Or- dinance No. 24-69 known as the "Ordinance Regulating Conduct in Public Parks of the City of Du- buque, Iowa" by amending Section 30 thereof and enacting a new Section 30 in lieu thereof to pro- vide for the open season or hours for the respective parks in the City of Dubuque, Iowa, presented and read. Mayor Thoms moved that the ordinance be referred to the Park Board, City Manager and City Solicitor. Seconded hy Coun- cilman Lundh. Carried hy the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent--Councilman Justmann. Petition of Delos A. Dorweiler requesting action on the cutting of weeds in various areas sur- rounding his property at 2105 Kennedy Road, presented and read. Mayor Thoms moved that the petition be referred to the Health Department for investigation and report. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. Petition of Schwennsen & Haas requesting the installation of park- ing meters on Locust Street be- tween 1st and 2nd Streets, pre- sented and read. Mayor Thoms moved that the petition be re- ferred to the City Manager and Traffic Department. Seconded by Councilman Stackis. Carried hy the foliowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundb, Stackis. Nays - None. Absent-Councilman Justmann. Petition of St. Anthony Mess- enger requesting permission to solicit subscriptions to their maga- zine as in previous years, present- ed and read. Councilman Staekis moved that the petition be ap- proved subject to the recommenda- tion of approval of City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. Petition of Loras College re- questing permission to conduct a Homecoming Parade on Oetoher 12, 1974, presented and read. Mayor Thoms moved that the peti- tion he approved subject to the recommendation of approval from 404 Special Session, July 29, 1974 ---- City Manager. Seconded by Coun. I cilman Lundh. Carried by the fol. I lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent--Councilman Justmann. Petition of Mrs. Christine Zlm. mer et al (5 signers) forwarded from last meeting requesting the investigation of the bnilding of a proposed garage at the corner of Alpine &: University, presented and read. Councilman Lundh moved that the petition he reo ceived and filed and building per- mit be approved upon tbe recom- mendation of the Building Com- missioner. Seconded by Council- man Brady, carried by the follow. ing vote: Yeas - Mayor Thoms, Councll- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Petition of Sisters of Charity of the B.V.M. Dubuque, Iowa, re-- questing permission to install street lighting with underground cable in Carmel Drive in Carmel Heights, presented and read. Mayor Thoms moved that the peti- tion he referred to the Engineer- ing Department for investigation and report. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. Verbal Petition of Councilman Brady recommending that removal of trees along North end of Flood- :n":f ~":::Jt~~~~in;it1:'v~J~~ti~~ I EngineerS, presented for discus- sion. After some discussion, Coun- cilman Brady moved that the recommendation be left to the dis- crimination of the City Engineer and Corps of Engineers. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-None. A>J¡sent-Councilman Justmann. Petition of Richard Hantelmann requesting a refund of $75.00 on the unexpired portion of cigarette license #399, as business was dis- continued on July 13, 1974, pre- sented and read. Councilman Lundh moved that the petition be .,. 7 . approved and the City Auditor be directed to issue proper warrant. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. July 18, 1974 To the Honorable Mayor and City Council This is to advise you that the 8th Street Retaining Wall Recon- struction Project has been com- pleted substantially in accordance with plans and specifications by Harold Becker and Sons of Du- buque, Iowa. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. FINAL ESTIMATE RESOLUTION NO. 280.74 WHEREAS, the contract for the construction of West 8th Street Retaining Wall Reconstruction 1973 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to ,be $45,332.42- That $0 of the cost thereof shall be assessable upon private property and $45,332.42 shall he paid from the 1973 Revenue Shar- ing Fund of the City of Duhuque. passed, adopted and approved this 29th day of July, 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Carried by the following vote: Special Session, July 29, 1974 405 Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman Justmann. (A Rosolulion Accopling Improvomonl) RESOLUTION NO. 281-74 WHEREAS, 'the contract for the construction of West 8th Street Retaining Wall Reconstruction 1973 has been completed and the Ctiy Manager has examined the work and filed his certificate stat- ing that the same has been com. pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, ,by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is herehy accepted. BE IT FURTHER RESOLVED, that the City Treasurer, be and he is hereby directed to pay to the contractor from the 1973 Revenue Sharing Fund. Passed, adopted and approved this 29th day of July, 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent-Councilman JustmaDD. Communication of Planning &: Zoning Commission recommending approval of the Final Plat of "F. D. R. Park View Heights" Subd. in Table Mound Twp., presented and read. Mayor Thoms moved that the communication be tabled and referred to the Council meet- ing of August 5, 1974. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Juslmann. A resolution approving plat of "F. D. R. Park View Heights" Subd. in Section 3, Table Mound Twp., presented and read. Mayor Thoms moved that the resolution be referred to the City Solicitor and City Engineer for report to Council meeting of August S, 1974. Seconded by Councilman stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackls. Nays-None. Absent-Councllman Justmann. RESOLUTION NO. 282-74 Approval of preliminary esti. mate, proposed plans, specifica- tions, form of contract and all other documents for the construc- tion of and repair of Storm Sewer on 24th Street (between Jackson and Washington Streets) at an do timated cost of $15,9113.52. Mayor Thoms moved adoptIon of the res- olution. Seconded hy Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-None. Ahsent-Councilman Justmann. (Necosslty for Improvamont) RESOLUTION NO. 283-74 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved 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. An estimate of the coot of the proposed improvement for the repair of storm sewer on 24th St. (between Jackson and Washington Streets) BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- eny owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless any inter- ested person appears and files ob- jections to the proposed plans, specifications, or have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall be deemed to have waived all ohjections thereto. Said improvement shall be con. structed and done in accordance -~..".' 406 Special Session, July 29, 1974 with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be paid from the sani- tation fund. The above resolution was intro. duced, approved, and ordered placed on file with the City Cierk this 29th day of July, 1974. Approved and placed on file for final action. Approved: Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved approval of the resolution. Seconded by Coun. cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-None. Aibsent----Councilman Justmann. (Ordering Construcllon) RESOLUTION NO. 284.74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 283-74 which was duly passed by this Council for the improvement of REPAIR OF STORM SEWER ON 24th STREET (between Jackson and Washington Streets). Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Sanitation Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall -be in force and ef- fect from and after its passage and adoption -by the City Council. Passed, adopted and approved this 29th day of July, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded -by eoun. cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent----Councilman Justmann. (Fixing Dale of Hearing) RESOLUTION NO. 285.74 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, spectfications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the repair of storm sewer on 24th Street (between Jackson and Washington Streets). BE IT THEREFORE RESOLVED that on the 3rd day of September, 1974, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of D1>buque at which time the objectors for the proposed improvement may ap. pear and make objection to the proposed plans and spectfications and proposed form of contract, to the cost of the improvement 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 which shall he not less than ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to advertise for proposals for the construction of the aforementioned improve- ment. Passed, adopted and approved this 29th day of July, 1974. Allan T. Thoms Mayor James E. Brady Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt City Clerk Special Session, July 29, 1974 407 Mayor Thoms moved adoption of the resolution. Seconded ¡by Councilman Stackis. Carried ,by the following vote: ' Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Aibsent-Councilman Justmann. July 23, 1974 To the Honorable Mayor and City Council I hereby submit the attached sheets No.1 to 3 inclusive showing a schedule of the proposed valua- tion and assessments for the con. struction of the Century Drive and Bies Drive 8 inch sanitary sewer. John L. White, P.E. eity Engineer Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. RESOLUTION NO. 286-74 BE IT RESOLVED by the City Council of the City of D1>buque, Iowa: Seclion I. That the attached sheets numbered 1 to 3 inclusive, are hereby determined to be the schedule of proposed assessments for the City of Dubuque, Iowa, Century Drive and Bies Drive 8" sanitary sewer, and the valuations set out therein are hereby ap. proved. Adopted this 29th day of July, 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. RESOLUTION NO. 287-74 Approval of preliminary esti- mate, proposed plans, specifica- tions, form of contract, plat and all other documents for the con- , ------ struction of Century Drive and Bies Drive 8 inch Sanitary Sewer at an estimated cost of $59,659.16. Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried -by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent----Coundlman Justmann. (Necessity for Im,provemenl) RESOLUTION NO. 288.74 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have ,been duly pre- pared and approved hy 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 size and kind of sewers, 2. Each lot proposed to be as- sessed together with a valuation fixed hy the council 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. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the Century Drive & Bies Drive 8 inch Sanitary Sewer. 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 to the amount of the proposed assessments, they shall ,be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will ,be assessed whether the same abuts 408 Special Session, July 29, 1974 thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of July, 1974. Approved and placed on file for final action. Approved: Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved approval of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Counci1man Juslmann. (Fixing date of hearing) RESOLUTION NO. 289.74 WHEREAS, the City Council of I the City of Dubuque, Iowa, has by . Resolution No. 287-74 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 Century Drive & Bies Drive 8 inch Sani- tary Sewer, 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 inspec- tion, BE IT THEREFORE RESOLVED that on the 3rd day of September, 1974, a public hearing will be held at 7:30 o'clock P.M. C.D.T. in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve. ment may appear and make ob- jection to the proposed plans and specüications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso. lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in tbe city of Dubuque, the last of which shall .be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 29th day of July, 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. RESOLUTiON NO. 290-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law re1ating to the sale of Ciga. rettes within the City of Dubuque, Iowa, be granted a permit to seil Cigarettes and Cigarette Papers within said City. Mrs. Alice Erschen, 2617 Univer- sity Avenue W. S. Sheppley & Company, 8th and Locust Street Special Session, July 29, 1974 409 Passed, adopted and approved this 29th day of July 1974. Ailan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Ahsent-Councilman Justmann. RESOLUTION NO. 291.74 WHEREAS, applications for liq- uor Licenses have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED ,by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provi. sions of Chapter 131, Acts of the First Regular Session, 64th Gen- eral Assembly. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Pete S. Sfikas, 401 Central Avenue James J. Klauer, 1646 Asbury St. Donna M. Ginter, 342 Main Street Passed, adopted and approved this 29th day of July 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent--Councilman Justmann. RESOLUTION NO. 292.74 WHEREAS, applications for liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to ,be is- sued to the following named ap- plicants a Liquor License. CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Pete S. Sfikas, 401 Central Avenue James J. Klauer, 1646 Asbury St. Donna M. Ginter, 342 Main Street Passed, adopted and approved this 29th day of July 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent--Councilman Justmann. There being no further business, Councilman Stackis moved that the meeting be adjourned. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Leo F. Frommelt City Clerk -110 Special Session, July 29, 1974 Regular Session, August 5, 1974 411 CITY COUNCIL 1974 Approved OFFICIAL Regular Session, Augusl 5, 1974. Council mel a,1 7:30 P.M. (C.D.T.) Present-Mayor Thoms, Council- men Brady, Lundh, Stackis. Cily Manager Gilbert D. Chavenelle. Absent-Councilman Justmann. Mayor Thoms read the call and .tated that service thereof had been duly made and this is The Regular Monlhly Meeting of the Council called for the purpose of acting upon such business as may properiy come before the meeting. Mayor Thoms read a proclama. tion declaring the week of' August 19, 1974, as "Mental Retardation Week" per the request of Knights of Columbus Local Council #510. Communication of Urban Re- newai Director Gent M. Witten. berg, requesting time for Mr. Rob- ert Hampton to discuss the status of the proposed Motor Inn Lodge, granted 90 day extension on May 6, 1974, presented and read. Coun- cilman Stackis moved that the com- munication be received and filed. Seconded by Couucilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Councilman Stackis moved to suspend the rules to let anyone address the Council if they so de- sire. Seconded by Councilmau Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmanu. Mr. Mills and Mr. Hampton ad- dressed the Council stating they feel confident Motor Inn Lodge project will become a reality in the very near future. At this time, they are requesting another 90 day extension on their Contract due to financing difficulties. Mayor Thoms moved that the 90 day extension request of R. Hamp- ton Associates be granted, subject to re-negotiation by the City of Dubuque at their discretion and in consultation with R. Hampton As- sociates to November 4, 1974. Sec- onded by Couucilman Stackis. Car- Adopted 1974 """"M;;ÿ~~"""""""""""""""""""'" ............................................................ ............................................................ ............................................................ """"¿;:;;;;;;n;,:;;~""""""""""""""'" ATI'EST: "ëïiŸ"ëï;~k""""""""""""""""""'" ried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-None. Absent - Councilman Justmann. RESOLUTION NO. 293.74 Authorizing an Exlension of lime in which R. Hamplon and Com. pany, Inc. is 10 commence con- slruction on certain land in the Downlown Urban Renewal Proj. ect, Iowa R-I5 WHEREAS, under date of Sep- tember 4, 1973, the City of Du- buque and R. Hampton and Com- pany, Inc. entered into a Contract for Sale of Land for Private Re- development covering Block 14 in Dubuque Downtown Plaza; and WHEREAS, the said Contract provided that construction was to commence within six montbs from November 11, 1973, the date of delivery of the deed to said parcel of real estate by the City of 'Du- buque to R. Hampton and Com- pany, Inc.; and WHEREAS, the City Council of the City of Dubuque at their meet- ing of May 6, 1974, granted R. Hampton and Company, Inc., at their request, a ninety day exten- sion of time in which to commence construction upon the said parcel of real estate; and WHEREAS, R. Hampton and Company, Inc. has been unable to secure the required commitment for financing the construction of the improvements upon the said parcel of real estate; and WHEREAS, it is deemed to be in the best interest of the Downtown Urban Renewal Project, Iowa R-15, and the City of Dubuque to grant R. Hampton and Company, Inc. a further 'extension of time in whicb to commence and complete con- struction of the required improve- ments; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the time in which R. Hampton and Compauy, Inc. is to commence construction of the required improvements upon Block 14 in Dubuque Downtown Plaza be and the same is hereby extended to 11-4, 1974, and the time in which the said improvements are to be completed shall be eighteen months from said date.