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1974 August Council Proceedings Regular Session, August 5, 1974 411 Special Session, July 29, 1974 ,no CITY COUNCIL ricd by the foilowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. RESOLUTION NO. 293.74 Authorizing an Extension of time in which R. Hampton and Com. pany, Inc. is to commence con. structlon on certain land in the Downtown Urban Renewal Proj- ect, Iowa R.15 WHEREAS, under date of Sep- tember 4, 1973, the City of Du- buque and R. Hampton and Com- pany, lnc. entered into a Contract for Sale of Land for Private Re- development covering Block 14 in Dubuque Downtown Plaza; and WHEREAS, the said Contract provided that construction was to commence within six months from November 11, 1973, the date of deilvery of the deed to said parcel of real estate by the City ofDu- 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 commi.tment for financing the construction of the improvements upon the said parcel of real estate; and WHEREAS, it is deemed lobe in the best interest of the Downtown Urban Renewal Project, Iowa R-15, and the City of Dubuque to grant R. Hampton and Company, lnc. a further extension of time in which to commence and complete con- struotion 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 Company, 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 bme in which the said improvements are 10 be completed shail be eighteen months from said date. 1974 Approved OFFICIAL Regular Session, August 5, 1974. Council met at 7:30 P.M. (C.D.T.) Presenl-Mayor Thoms, Council. men Brady, Lundh, stack;s. City Manager Gilbert D. Chavenelle. Absent-Councilman Justmann. Mayor Thoms read the cail and stated that service thereof had been duly made and this is The Regular Monthly Meeting of the Council cailed for the purpose of acting upon such business as may properly 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 Columbm Local Council #510- Communication of Urban Re- newal Director Gent M. Witten- berg, requesting time for Mr. Rob- ert Hampton to discms the statm 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 Councilman Lundh. Carried by the foilowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays ~ None. Absent - Councilman Jmtmann- Councilman Stackis moved to smpend the rules to let anyone address the Council if they so de- sire. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stack!s. Nays - None. Absent - Councilman Justmann. 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 Councilman Stackis. Car- 1974 Adopted ............................................................ Mayor ............................................................ ............................................................ .........................-.................................. ............................................................ Councilmen ATI'EST: ............................................................ City Clerk -~~-,~...- ."""'" ,'- 412 Regular Session, August 5, 1974 Section 2. That all other terms, conditions and provisions of the Contract for Sale of Land for Pri- vate Redevelopment dated Septem- ber 4, 1973, shall remain in full force and effect, as amended. Passed, adopted and approved this 5th day of August, 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: ùeo F. Frommelt, City Clerk Mayor Thoms moved adoption of the resolution as amended. Second- ed by Couneiiman Stackis. Carried by the following vote: Yeas - Mayor ThomS, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilmen Justmann. Communication of Senator Har- old E. Hughes, addressed to the Mayor, along with a communication from Mr. R. C. Moot, V.P. of Gov- ermnent Affairs relative to the possibility of Experimental Am- trak rail passenger service through Dubuque, presented and read. May, or Thoms moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by tbe following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Jmtmann. COpy of Resoluiton No. 5-25649 from the Council of Sioux City approving the concept of a modern rail system service for goods and persons in and through the State of Iowa urging appropriate Fed- eral, State and Local action toward that goal, pres'ented and read. May. or Thoms moved that the resolu- tion be received and filed. Serond. ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Conncil- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Communication of David L. Clemens advising that the Advisory Commission unanimously approved the Five Flags Center and Ice- skating facility as presented by Mr. Slattery and Mr. Norman at their meeting of July 23, 1974, pre- sented and read. Mayor Thoms moved that the communication be referred to the Council. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Juotman!l. Printed Council proceedings for tbe month of March, 1974, present- ed for approval. Councilman Brady moved that the proceedings be ap- proved as printed and made a mat. ter of record. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lnndh, Stackis. Nays - None. Absent - Councilman Justmann. August 1, 1974 To the Honorable Mayor and City Council Attached is a copy of an invoice from the East Central Intergovern- mental Association in the amount of $15,577.25 which is an assess- ment for the year 1974-75. I request your aulhorny to pay the $15,577.25. It is intended that it will be paid in installments as indicated on the invoice and that it will be paid from Revenue Shar- ing Funds. Gilbert D. Chavenelle City Manager Councilman Lundh m<Jved that the request be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent - Councilman Justmann. Proof of publication, certified to by the publisher, of Notice of Receipt of Bids for Fire Appara- tus, presented and read. Mayor Thoms m<Jved that the proof of publication be received and filed. Seconded by C<Juncilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, stackis. Nays - None. Absent - Councilman Justmann. August 1, 1974 To the Honorable Mayor and City Council I recommend that a Pumping Engine be purchased from the American LaFrance Company. The LaFrance bid is $8,818.00 over the budget appropriation, however, it Regular Session, August 5, 1974 413 is the lowest of four competitive bids and funds are available for the purchase. ln support of my recommenda- tion I submit a copy of a letter received from Mr. Dunphy and Mr. Udethofen. ln the letter ,they have tabulated the bids received and recommended that a contract be awarded to the lowest bidder. Gilbert D. Chavenelle, City Manager Mayor Thoms moved that the communication be received and filed and the recommendation be approved. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Jmtmann. August 1, 1974 Honorable Mayor and City C<>uncil I am returning the petition of The Sisters of Charity requesting the installation of street lighting in Carmel Heights subdivision. The area has been investigated by the Electrical Inspector and it is recommended that three 175 watt mercury vapor fixtures mounted on metal standards be installed at the following loca- tions: One on northeast curb line, midway Lot 2 One on northea£t curb line, be- tM)€n Lot 4 and Lot 5 One on northeast curb line, be- tween Lot 6 and Mt. Carmel property Your approval of these installa- tions is requested. Gilbert D. ChaveneIle, City Manager Councilman Lundh moved that the request be approved. Second- ed by Mayor Thoms. Vote on the motion was as foIlows: Yeas - Mayor Thoms, Council- man Lundh. Nays-Councilmen Brady, Stack- is. Absent - Councilman Justmann. MOTION FAILED. August 1, 1974 Honorable Mayor and City Council The Dubuque Airport Commis- sion is recommending as the first phase of its five year Capital Improvement Program the acquis~ tion of the equipment and im- provement of Airport Facilities as noted below: 1. Purchase of tw<J fire engine.s with radio equipment as recom- mended by FAA-financed 82% Federal, 18% Local cost $83,500 2. Purchase of radi<Js for the op- erational mobile units-financed 75% Federal, 25% Local cost $ 4,000 3. Construction of equipment stor- age building - financed 100% Local cost $15,000 4. Purchas,e of four base stations for communication with all units -financed 100% Local cost $ 4,000 COSTS ARE AS SUMMARY OF FOLLOWS: Total Item Cost 1. Fire Engines $83,500 $68,470 $15,030 2. Radios for Operating Units 4,000 3,000 1,000 3. Equipment-Storage Bldg. 15,000 15,000 4. Radios-Base Stations 4,000 4,000 TOTAL $106,500 $71,470 $35,030 Attached are letters of explana- tion for these pro'¡"cts. Exhibit 1 Letter from FAA on re- quirement for fire fight- ing equipment Exhibit 2 Justification for equip. ment storage building Exhibit 3 Necessity of bsse radio stations The Airport Commission has dis- cUBSed its proposed program with our office. We are in concurrence with the recommendations outlin- ed in this letter. Sufficient money is available in the Airport fund to finance the local share of the cap- ital improvements. We are recommending you auth- orize the City Manager to allot $35,030 of Airport funds for the proposed capital improvements. We will submit to you at a later date an ordinance amending our cur- rent budget to reflect the expendi- ture. Federal sha... Local Share Francis A. Murray Assistant City Manager Mayor Thoms moved that the communication be received and fil. ed. Seconded by Councilman 414 Regular Session, August 5, 1974 Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- man Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. I Counciiman Stackis further mOV- ed the approval of Items 1 and 2 and instructed Airport Commission to come back at a later date on Items 3 and 4. Seconded by Mayor Thoms. Vote on the motion was as follows: Yeas-Councilmen Brady, Stack- is. Nays - Mayor Thoms, Council- man Lundh. Absent - Councilman Justmann. MOTION FAILED. After discussion, Councilman Lund-h moved approval of Items 1, 2, & 3 and Airport Commission to come back at a later date on Item 4. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- I men Brady, Lundh. Nays - Councilman Stackis. Absent - Councilman Justmann. JIlly 29, 1974 Honorable Mayor and City Council On November 6, 1973, Bernard Shireman, R.R. #1, Dubuque, filed claim against the City of Dubuque in the amount of $238.13 as the result of damages occurred to his motor vehicle on September 15, 1973, at the City of Dubuque Sanitary Landfill on E. 16th Street as the result of the equipment op- erator at said landfill driving into the side door of the claimant's truck and pushing in the left door of the vehicle. This matter was referred to the I appropriate City Agency, who on July 23, 1974, advised the City Attorney that said ciaim had been amicably disposed of. Accordingly, it is the recom- mendation of the City Attorney that said claim be denied. Origin- ai claim is returned herewith. R. N. Russo, City Mtorney Mayor Thoms moved that the communication be received and filed, and the recommendation of denial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent - Councilman Justmann. July 29, 1974 Honorabie Mayor and City Council On June 22, 1973, Margaret V. Schiei, 509 Lowell Street, Dubu- que, filed claim against the City of Dubuque claiming damages in the amount of $219.08 as a result of a City truck backing into her car which was ,parked in front of her home. This matter was referred to the appropriate City Agency, who on July 23, 1974, advised the City At- toruey that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Rmso City Attorney Mayor Thoms moved that the communication be received and filed and the recommendation of denial be 'approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. July 29, 1974 Honorable Mayor and City Council On October 9, 1973, Ronald V. Timpe, 2995 Brunswick Street, filed claim in the amount of $92.70 against the City of Dubuque, and alleging said damages occurred to the hood of his motor vehicle as the result of a tree limb falling on same on September 26, 1973, while said vehicle was parked in front of the Loras Fieldhouse on Alta Vista Street in the City of Dubuque, Iowa. This matter was referred to the appropriate City Age!1eY, who made an investigation of same and has informed this office of no neg- ligence on the part of the City. ln view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N.Russo City Attorney Mayo'r Thoms moved that the communication be received and Regular Session, August 5, 1974 415 filed, and the recommendation of denial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. July 29, 1974 Honorable Mayor and City Council On June 22, 1973, Peter B. Wag- ner, 851 Kane Street, Dubuque, filed claim against the City of Du- buque claiming damages in an un- s,pecified amount as the result of being struck by a City owned ve- hicle on June 19, 1973. This mabter was referred to the appropriate City Agency, who on July 23, 1974, advised the City At- torney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the foilowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent - Councilman Jmtmann. July 29, 1974 Honorable Mayor and City Council On January 21, 1974, Stacia Schuster, 830 Loras, Dubuque, filed claim in the estimated amount of $164.73 sent to Mrs. Schuster February 4, 1974, and alleging da- mages to her motor vehicle as the result of iis being struck by a City owned vehicle on January 14, 1974, at 341 Main Street while said ve- hicle was parked thereat. This matter was referred to the appropriate City Agency, who on July 23, 1974, advised the City At- torney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim 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 by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent - Councllman Justmann. July 29, 1974 Honorable Mayor and City Council On February 15, 1973, Jerry Steadman, 686 University, Du- buque, filed claim against the City of Dubuque, in an unspecified amount as the result of salt dis- charge from a City owned vehicle cracking windshield of car on driver's side on February 15, 1973. This matter was referred to the appropriate City Agency, who made an investigation of same and has informed this office of no neg- ligence On the part of the City. In view of the foregoing, it is the recommendation of the City At,torney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of denial be approved. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent - Councilman Justmann. July 30, 1974 Honorable Mayor and City Council On June 13, 1974, Sophie Muel- ler, 3256 Hillcrest Road, Dubuque, filed claim against the City of Du- buque for personal injuries alleged- ly suffered on June 11, 1974, as a result of stepping into a hole in the street at Fourth and Locust Streets. This matter was referred to the City Attorney who has made an in- vestigation thereof and has oo,n- ferred with the claimant and finds that claimant suffered bruises, da- mage to a tooth, and a cut lip re- quiring suturing, as well as having her giasses broken in said fall. Clai- mant has made an offer of settle- 416 Regular Session, August 5, 1974 :"$~~~:":'~~~i: :'~~:r':,: I going, it is the recommendation of the City Attorney ,that said offer of settlement be accepted and that .the City Auditor be instructed to draw a warrant payable to Sophie Mueller in the amount of $150.00 and transmit same .to the City At- torney for delivery upon receipt of duJy executed releases. Original c1aim is returned here- with, together with medical bills. R. N. Russo CitY Attorney Mayor Thoms moved that the communication be received and filed and recommendation be ap- I proved and City Auditor be direct- ed to issue proper warrant. Second- ed by Councilman Lundh. Carried by the fo!lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Coundlman Justmann. August 1, 1974 Honorable Mayor and CitY Council On July 3, 1974, John C. Sanner, 597 Edith Street, Dubuque, IDee! claim againSt the City of Du- buque, alleging damages in the I amount of $10.00 for wrecker ser- vices allegedlY required by him on June 21, 1974, claimant further al- leg>e6th~t while backing his car from the driveway behind his re- sidence .the alley apparently caved in, and said auto had to be lifted out. This matter was referred to the appropriate City Agency who has reported to this office on July 30. 1974, of no liability on the part of the City. Accordingly, it is the reo COmJIlendation of the City Attor- ney that the clai.m. of John C. San- ner be denied. Original claim is returned here- with. R. N. RUBSO City Atto,rney Mayor Thoms moved that the communication be received and filed and recommendation of de- nilal be approved. Seconded by Councilman Lunðh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Communication of Park Board requesting Council to amend Ordi- nance No. 24-69 Section 30 to read "Lonis Murphy Park shall be closed to the public during the hours from 10:30 P.M. to 7:00 A.M.", presented and read. Mayor Thoms moved that the communica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Tboms, council- men Brady, Lnndh, Stackis. Nays-None. Ab..nt - Councilman Justmann. AN ORDINANCE amending Ordi- nance No. 24-69 k.oown as the Ordi- nance regulating conduct in public parks 01 the City of Dubuque, lowa, by amending Section 30 thereof and enacting a new Section 30 in lieu thereof to provide for the open season or bours for the re- spective parks in ,the City of Du- buque, Iowa, presented and read. Mayor Thoms moved that the read- ing just had 'be considered the first reading of the Ordinance. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays - Councilman Brady. Absent - Councilman Justmann. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays - Councilman Brady. Aœent - Councilman Justmann. Mayor Thoms moved that a pub- lic hearing be held on the Ordi, n;¡nce on Angust 19, 1974, at. 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be iustructed to publish notice of the hearing in the man- ner required by 1aw. Seconded by Coun<:ilman Stackis. Carried hy the following vote: Yeas - Mayor Thoms, Council- men Lundh, Stackis. Nays - Councilman Brady. Absent - Councilman Justmann. Rroof of Publication, certified to by the publisher, of Notice of Va- cation and time of place of hear- ing to dispose of a portion of an Regular Session, August 5, 1974 417 alley from Cherry Street to alley south of Green Street, presented and read. No written objections were received and no oral objec- tors were present in the Conncil Chambers at the time æt for hear- ing. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Camed by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Aoooot - Councilman Justmann. AN ORDINANCE for the vaCa- tion and sale of ,that portion of an ~ey .at the extreme west end of Cherry Street and running north from the N.P.L. of Cberry Street to the SP.I.. of 1st alley south of Green Street and abutting Lot 1 of Lot 208 of Finley's Addition, presented and read. Mayor Thoms moved that the Ordinance be tabled to the Council meeting of September 3, 1974, to allow for compliance of petitioner. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- mend Brady, Lnndh, Stackis. Nays-None. Absent - Councilman Justmann. A Resolution for approval of sale of vacated po"tion of alley running from N.P.L. of Cherry Street to S.P.L. of 1st alley south of Green Street abutting Lot 1 of Lot 208 of Finley's Addition to Her- bert Heitzman for $200.00, pre- sented and read. Mayor Thoms moved ,that the resolution be tabled to the Council meeting of September 3, 1974, ,to allow for compliance of petitioner. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Ab..nt - Councilman JUBtmann. Petition of Sister Kenny Insti- tute requesting permission to con- duct their annual door to door Sis- ter Kenny Institute Fund drive in the City, presented and read. Coun- cilman Lundh moved that the pe- titi.ûn be approved subject to ap- proval and coordination of the City Manager. Seconded by Mayor Thoms. Carried by the foll<>wing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent - Councilman JUBtmann. Petition of Riehard C. & Mildred L. Henschel requesting annexation of Lot 2 ûf Lot 1 of NW'I., NW Fract'l 'I, and Lot 2 of 1 of 1 of NE¥4, NW Fract1 'I. Section 2, Twp. 88 N. R. 2 E. 5th P.M. (coo- taining 1.261 acres), presented and read. Councilman Stackis moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-Nolle. Absent - Councilman Justmann. Petition!>f Richard C. & Mildred L. Henschel requesting annexation of L<>t 2 of SE¥4 of SE'I. See. 34 1'1<1'. 89, N. R. 2 E. 5th P.M. (con- talning 14.06 acres), presented and re.d. Councilman Stackis moved that the petition be referred t.ö the Planning & Zoning Cûmmission. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justlnann. Petition of Raphael W. Grant requesting a refund of $211.25 on the uuexpired ,portion of Beer-Li- quor License #4697, as he discon- tinued business on JulY 1, 1974, presented and read. Mayor Thoms moved that the refund be granted and the City Auditor be directed to issue proper wacrant. Second- ed by Councilman Lundh. Camed by the follûwing vote: Yeas - Mayor Thoms, Council- me" Brady, Lundh, Stackis. Nays - None. Abò."t - Councilman Justniann. Petition of Tom Leibold & Asso- ciates requesting the City to take over and maintain water and. sewer lines in Tower Hills Mobile Home Park, presented and read. Council- man Lundh moved that the peti- tio" be referred to the City Mana- ger and Staff for recommendation and report. Seconded by Council- man Stackis. Carried by the fol- loving vote: Yeas - Mayor Thoms, Council- 418 Regular Session, August 5, 1974 men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Jwtmann. Petition of Councilman Brady for a preliminary feasibility report of ertending Kerper Blvd. from 9th Street to 2nd Street as the key to opening the 4th Street Peninsu- la and providing a continued in- dwtrial report, presented an, d I' read. Councilman Brady moved that the investigation and report i prepared by Councilman Brady on the possibility of extending Kerper Blvd. from 9th to 2nd Street be re- ferred to the City Planner, the Con- sultant on 4th St., Crawford-West- brook, .the City Engineering De- partment, the Dock Commission, Transportation Committee and the local traffic committee for evalua- tion study and report back to the Council in the near future as to the desirability and feasibility. Se- conded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. August 2, 1974 Honorable Mayor and City Council I am returning to you a letter of inquiry from Mike McCarthy arout the sale of Lot 153 r.enox Addition. I reoommend that the lot be sold, that it be sold by requesting sealed bids, and that the sales price be no! less than $3,000. I have informed Mr. McCarthy of this recommendation. Gilbert D. Chaveneile City Manager Mayor Thoms moved that the conununicationbe received and filed. Seconded by Councilman SÍ!a<'kis. Carried by the following vote: Yeas - Mayor Thoms, Couœil- men Brady, Lundh, Stackis. Nays-None. Absent - Councilman Justmaon. RESOLUTION NO. 294-74 WHEREAS, the City of Dubuque, Iowa is the owner of real estate de- scribed as: Lot 153 in r.enox Addi- tion in the City of Dubuque, Iowa: 'and WHEREAS, general taxes and special assessments in the total amount of $2649.00 appear unpÜd as levied against said I()t; and WHEREAS, an interest appears by a private individual to acquire said lot; and WHEREAS, the City of Du- buque, Iowa should dispose ()f said I()t for the highest price obtain- able, but in no event for a price less than $3,000.00 and that said sale should be on a seaied bid ba- sis and that no abstract of title be furnished, the costs of publication be paid by the purchaser. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposition of Lot 153 in r.enox Addition in the City of Dubuque on a sealed bid proposal basis for a price not less than $3,000.00, together with costs of publication, together with any platting costs, be approved and that no abstract of title be fur- nished and that conveyance be made by Quit Claim Deed to be delivered upon the payment of purchase price. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as pro- vided by law and in accordance with this Resolution. Passed, approved and adopted this 5th day of Augwt, 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: r.eo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution and public hearing be set for September 3, 1974 at 7:30 P.M. in the Council Chamber at the City Hail and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Jwtmann. RESOLUTION NO. 295.74 WHEREAS, there has been pre- sented to the City Council of the Regular Session, August 5, 1974 419 City of Dubuque, plat, dated July 31, 1974, plat prepared by John L. White, P. E., Professional En- gineer and Land Surveyor, cover- ing the Southerly 8"14" of the East. erly 53'8"14" of Lot 4 of Block 6 in "Dubuque Downtown Plaza" in ,the City of Dubuque, Iowa; and WHEREAS, said plat conforms to the laws and statutes pertain- ing thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 31, 1974, prepared by John L. White, P. E., Professional Engineer and Land Surveyor, covering the real ...tate hereinabove described, be and the same is hereby ap- proved and that the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby authorized and directed to file said plat and certüied copy of this Resolution in the office of the Recorder in and for Dub\lque County, Iowa. Passed, approved and adopted this 5th day of August, 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen A_: 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 Justmann. RESOLUTION NO. 296-74 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- re,trles within the City of Du- buque, Iowa,be granted a permit to sell Cigarettes and Cigare,tte Papers within said City. Gene F. Sullivan, dba, King of Clubs, 1902 Central Eugene L. Kopp, dba, The Down- towner, 951 Main Street Richard Schurbon, dba, Sir Rich- ard's, 1091 Main Street Joan Murphy, dbs, Plaza, 1101 Cen- tral Avenue Bossed, adopted and approved this 5th day of AugUBt 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Cierk Mayor Thoms moved adoption of the resolution. Secooded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman JUBtmann. RESOLUTION NO. 297.74 WHEREAS, applications for Beer Permits have been subwtted to this CouncH 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 compItance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Women's Recreation Assn, lnc., Sunday Sales, McAleece Field St. Columbkille Parish, Sunday Sales, 1240 Rwh Street CLASS "C" BEER PERMIT The Great Atlantic and Pacific Tea Co., 3333 Asbury Road Passed, adopted and approved this 5th day of August 1974. Allan T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen A_: 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 Lundh, Stackis. Nays - Councilman Brady. Absent - Councilman Justmann. 420 Regular Session, August 5, 1974 RESOLUTION NO. 298-74 WHEREAS, applications for Beer Penrots were filed by the I 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 be authorized to cause to be issued 00 the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Women's Recreation Assn., Inc. ALso Sunday Sal"", McA1eeœ Field St. Columbkille Parish, Also Sun- day Sol"", 1240 Rush Street CLASS "C" BEER PERMIT The Great Atlantic & Pacific Tea Co., 3333 Asbury Road Passed, adopted and approved this 5th day {)f August 1974. A}]an T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Miay<>r ThOOlS moved adoption of the res{)lution. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Lundh, SIackis. Nays - Councilman Brady. Absent - Councilman Justmann. Angust 5, 1974 To the Honorable May{)r and City Council Attached isa matching resolu- tion for the communications cen- ter in which the City of Dubuque resolves to provide $9,182.75 10 the calendar year 1974 'as match- ing funds in relation to funds pro- vided by the Iowa Crime Commis- sion. This is an amendment to a matching resolution passed by the City Council on June 5, 1974 in the amount of $12,123. Attached is a copy of the grant application that was approved on June 5, 1974. Since ,that time the Iowa Crime Commission, in working with our consultants, has recommended that the county install a high frequency mobile units and a base station now rather than waiting for Phase II for the installation of this equip- ment. As a result o,f this recom- mendation the amount of money spent On the county equipment will increase by 'about $13,000 and there will be a corresponding de- crease In the amount spent on city communication equipment. Consequently, there is a ,total grant applicOJtion of $96,985.00. The county share will increase from $12,123.12 to $15,063.50 and the city share will decrease from $12,123.13 to $9,182.75. ln order that proper papers can be filed with the Iowa Crime Com- mission on our communications grant, you are requested to ap- prove the alitached matching reso- lution for $9,182.75. This resolu- tion will nu1lify the resolution pa..ed on June 5, 1974 for $12,123.13. Francis A. Murray Assistant City Manager Mayor Thoms moved that the cammunication 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. MATCHING RESOLUTION NO. 299.74 Whereas, the City of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during thecalendar year of 1974 cash funds for the f()llowing Iowa Crime Commission projects: Brief Description of Project: Es- tablishment of Joint Communica- tions Center. Amount of Funds Being Provid- ed, $9,182.75. Passed this 50th day of Augwt, 1974. Allan T. Thoms Mayor Emil Staekis James E. Brady Alvin E Lundh Councilmen Regular Session, August 5, 1974 421 Attest: Leo F. Frommelt City Clerk This resoiution nullifies City of Dubuque Resolution No. 227-74 passed On 6/5/74. Mayor Thoms moved adoption of the resolution. Seconded by Councilman Stackis. Oarried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Jwtmann. Autographed Copy conveying Best Wishes signed by R. C. Wah. lert in retrospect of 40 years of service at the Dubuque Packing Co., presented to the City. Mayor Thoon.s moved that the booklet be rece;ved and filed. Seconded by Councilman Stackis. Carried by the foilowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Communication of Walter A. Pregler requesting negotiations be inaugurated with the Board of Su- pervisors and the COU11ty Board of Health for the purpose of merg- ing into one consolidated Public HeaJth Agency, presented and read. Mayor Thoms moved that the communication be referred to the Mayor and the Chairman of the Board of SUpervisors to report at next meeting. Seoonded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Jwtrnann. Kenneth K. Hazlet, M.D. sub- mitted a report ,to the Council on Control of Communicable Diseases relative to shigellosis. There bein,g no further business, Councilman Lundh moved the meeting be adjourned. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Leo F. Frommelt City Clerk Approved ................................19--. Adopted ..................................19--. """""""""""""""""""""""""""""" Mayor ........................................................... ............................................................ no......................................................... """"¿;;;;;;;ü;;;'~~""""""""""""""'" Attest: """"""""""""'."-"""-"""-'" City Clerk 422 Special Session, August 12, 1974 CITY COUNCIL OFFICIAL Special session, August 12, 1974. Council met at 7:30 P.M. (C.D.T.) Present - Mayor Thoms, Coun. cilmen 'Brady, Lundh, stackis. City Manager Gilbert D. Chavenelle. Absent - Councilman Justman... Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose of RE- CEIVING PETITIONS FROM THE RECREATION COMMISSION RE. QUEsTIN,G A CALL FOR A SPE- CIAL ELECTION and acting upon such other business as may pro, perly come before a regular meet- I ing of the City Council. Communication of Playground & Recreation Commission submitting minutes of their meetings of Juiy 22, 23, and 29, 1974, presented and read. Mayor Thoms moved that the minutes be received and filed. Seconded by Councilman Lundh. Carried by ,the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. "'bsent _Councilman Jwtmann. Communication of KMNS Radio 620 Sioux City, Iowa, submitting a copy of brœdcast in the public interest on August 2, 1974, heard by nearly 70,000 persons urging all citizens to push hard for rail passenger service, presented and read. Mayor Thoms moved that the communication be received and I filed. Seconded by Councilman Lundh. Carried by ,the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Copy of communication of Pat Dillon, Pres. of Local 94 UAW, addressed to Region Administra- tive Office in Kansas City, request. ing that the exact location of the contaminates in the Mississippi Ri- ver be found and that pollution be stopped, 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, Lundh, Stackis. Nays - None. Absent - Councilman Jwtmann. Communication of Iowa State Highway Commission, addressed to the Mayor, advising that the Com- mission hog approved the corridor public hearing of April 18, 1974, at Epworth and Freeway 520 will be comtructed beginning on pre- sent U.S. 20 approximateiy 0.5 mile east of its junction with Iowa 38 and extending easterly along the present alignment of u.S. 20 to ap- proximately 3.5 miles east of peos- ta, thence east on relocation to U.S. 61, 4 lane highway, presented and read. Mayor Thoms moved that '[he 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 - Counciiman Justmann. Notice of U.S. Environmental Proteotion Agency & Iowa Depart- ment of Environmental Quality of Application by Caradco to dis- charge into the Mississippi River via a storm sewer, presented and read. Mayor Thoms moved that the Notice be referred to the City Manager 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. Communication of Director of Illinois Department of Transporta- tion, addressed to the Mayor, look, ing forward to working with the Mayor and the people of Dubuque to improve State subsidized rail service, presented and read. Mayor Thoms moved that ,the communica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Jwtmann. Communication of Tri-State In- dependent Blind Society Inc., thanking the Mayor and Council for the quick response to the Am- trak issue, they are well satis.fied Special Session, August 12, 1974 423 with the result, presented and read. Mayor Thoms moved that !the communication be received and filed. Seconded by Concilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman Justmann. Communication of Playground & Recreation Commission submitting petitions requesting a call and or- der for a special election for .the pur¡><J<;e of acquiring lands, estab- lishing, constructing and equip- ping a recreation building there- on and incurring indebtedness for such purposes, presented and read. Mayor Thoms moved to refer the communication and attached peti- tions for proper proceedings as amended. Seconded by Counciiman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays - None. Absent - Councilman JUBtmann. Councilman Brady moved that the motion be amended by calling for 1% signature certification on the petitions. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas - Councilmen Brady, Lundh, Stackis. Nays - Mayor Thoms. Absent - Councilman Justmann. Communication of Planning & Zoning Commission submitting minutes of their meeting of Aug- ust 7, 1974, presented and read. May<>r Thoms moved that the min- utes be received and filed. Sec- onded by Councilman Stackis. Car- ried by the f<>llowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absen1>-Counciiman Jwtmann. Proof of Publication, certified to by the Publisher, of List of Claims for the month of June, 1974, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. AugUBt 7, 1974 Honorable Mayor and City Council It has been proposed by the staff that street lighting be in- stalled in River Front Subdivision No.5. The area has been inves- tigated by the Electrical Inspector and he recommends that boule- vard lighting fixtures, 175 watt mercury vapor type, mounted on wood poles be ins tailed at the following locations: 1. At the intersection of Hamilton Street Extension and Kilgore St. 2. At one-third the distance of Hamilton Street Extension to Roosevelt Street, on Kilgore Street. 3. At two-thirds the distance of Hamilton Street Extension to Roosevelt Street, on Kilgore Street. 4. At the intersection of Kilgore Street and Roosevelt Street. 5. At the property line between Lot 3 and Lot 4 of Block 1 on Roosevelt Street. 6. At the inside turn radiw of Roosevelt Street, adjacent to Lot 4 of Block 1. Your approval <>f these installa- tions is requested. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and filed and request he appr<>ved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Augwt 8, 1974 Honorable Mayor and Members of the City Council I have approved the filing of the following bond and desire to have your approval of same, sub- ject to approval of the City Solici- tor. SIDEWALK CONSTRUCTION BOND Hartmann Construction Co. Mid- western Casualty & Surety Co. Bond No. 2945l-issued Augwt 21, 1974. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the filing be approved subject to the approval of the City Solicitor. See- 424 Special Session, August 12, 1974 onded by Councilman Lundh. Car- I ried by the fnIlOW'M vote: Yeas - Mayor Thoms, Conncll- men Brady, Lundh, "tackis. Nays-None. Absent-Coundlman Justmann. August 5, 1974 Honorable Mayor and City Council I return to y<>u the petition of Mr. Delos A. D<>rweiler about cut- ting weeds. It w.. referred to the staff for investigati<>n and report. The are.. listed in the petition have been investigated and by way of report I have attached Mr. Roth's letter, dated Augwt 6th. I have retained in my file copies of weed notices which are re- ferred to me by Mr. IWth in his letter. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 8, 1974 Honorable Mayor and City Council A request has been received from C. E. Mettel, Mettel-Byrue Addition, f<>r installati<>n of new street lighting along IWsemont Street. The area has been investigated by the Electrical Inspector and it is his recommendation that five new 175 watt mercury vapor fix, tures on metal poles be instailed at the foilowing locations: 1. Northeast corner of the inter- section <>f Hillcrest Road and Rosem<>nt Street 2. On easement between Lot 10 and 11 of Block 6 3. On easement between Lot 6 and 7 of Block 6 4. On property line between Lot 3 and 4 of Block 7 5. On easement between Lot 1 and lA of BlDck 6 Y<>ur approval <>f these installa- ti<>ns is requested. Gilbert D. Chavenelle City Manager Mayor Thoms m<>ved that the c<>mmunicati<>n be received and filed and request be approved. -- ,-~= . Seconded by Councilman Stackis. Carried by the f<>lIowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Jwtmann. August 8, 1974 To the Honorahle Mayor and City Council The Office <>f Revenue Sharing each year requires the recipient govermnental unit of revenue shar. ing funds to submit a report iden- tifying how revenue sharing funds were expended. By Spetember 1 of this year the Office of Revenue Sharing has asked that we report to them use of revenue sharing for the period July 1, 1973 to June 30, 1974. Attached is a copy of the report that we will be submitting to the Office of Revenue Sharing. This report must be published in the local newspaper f<>r the benefit of the citizens of the community. The expenses reflected in the re- port are funds either spent or obiigated by appropriation in the period July 1, 1973 to June 30, 1974. You are requested to auth<>rize the City Manager to sign this re- port and to direct the City Clerk to publish in the I<>cal newspaper. After publicati<>n, the report will be forwarded to the Office of Revenue Sharing. Francis A. Murray Assistant City Manager Mayor Th<>ms moved that the communication be received and filed and City Manager be author- ized to sign the report and the City Clerk to publish same in the local newspaper. Sec<>nded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 9, 1974 To the Honorable Mayor and City Council We are writing to advise you that it is necessary to proceed with the reoonstructi<>n of the steel tr..h racks on the inlet channels of the flood pumps along Kerper Boulevard near 16th Street. The existing trash racks were damaged beyond repair during the Special Session, August 12, 1974 425 emergency flood pumping at high river levels in the latter part of June. The damage resulted fr<>m the rem<>val of an algae growth which was clogging the pump in- takes and prevented the pumping of storm runoff building up in the detension basin. Bids for the reconstruction of the racks were solicited fr<>m both local steel fabricating firms. The low bid was submitted by the E. J. Voggenthaler Company in the amount of $6,186.00. A purchase order for the repair is being issued to Voggenthaler. It is imperative the racks be fab- ricated and reinstalled this fall to be certain this pumping facility is operable as quickly as possible. The project is being financed by remaining funds in the City's Floodwall Bond Issue Construction Account. Gilbert D. Chavenelle City Manager Councilman Stackis moved that the communication be received and filed and the bid of $6186.00 be accepted. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Th<>ms, Councii- men Brady, Lundh, Stackis. Nays-None. Absent-CounciJuran Jwtmann. Augwt 6, 1974 Honorable Mayor and City Council On August 22. 1973. Mrs. Rose- mary Goetzinger. 2800 Pinard S t r e e t, Dubuque, filed claim against the City of Dubuque in the amount of $57.17 as the result of the parking ramp gate arm falling on her auto and denting the auto roof and damaging paint. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewitb. &. N. Russo City Attorney Mayor Thoms m<>ved that the communication be received and filed and recommendation of denial be approved. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - May<>r Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Coundlman Justmann. August 6, 1974 Honorable Mayor and City Council On October 14, 1971, Farm Bu- reau Mutual lnsurance Company, filed subrogation claim for dam, ages involving their insured claim- ing said damages resulting from a stop sign being so posted as t<> be impossible to see. This matter was referred to the appropriate City Agency wh<> ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recom- mendation of the City Attorney that said claim be denied. Original claim is returned llerewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lnudh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 6, 1974 Hon<J1'able Mayor and City Council On November 24, 1972, James M. Downey, 1101 Race Street Du- buque, filed claim against the' City of Dubuque in tbe amount of $59.78 as the result of his aut<> being struck by a City owned gar- bage truck. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Rwso City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by C<>uncilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. 426 Special Session, August 12, 1974 August 6, 1974 Honorable Mayor and City council On July 12, 1973, Donald J. Fleege, 2375 Rhomberg, Dubuque, filed claim against the City of Dubuque in the amount of $154.00 as the result of damages to his I motor vehicle as the result of a City garbage truck hacking into said vehicle which was stopped at a traffic light. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- I Dial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Juslmann. Augwt 6, 1974 Honorable Mayor and City Council On December 3, 1973, Mark P. Anglin, 1910 St. Anne Court, Du- buque, filed claim against the City of Dubuque in the amount of $26.75 as the result of a City rubbish truck breaking off a bas- ketball post as it made a turn in the area. This matter was referred to the I appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Rwso City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 5, 1974 Honorable Mayor and City Council On August 24, 1972, James B. Lehman, 2675 Beverly, Dubuque, filed claim against the City of Dubuque in the amount of $56.65 as the result of tar being splashed on his motor vehicle by City street resurfacing crew. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of- Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Jwtmann. August 5, 1974 Honorable Mayor and City Council On April 26, 1973, Kristine E. Harber, 613 S. Bench Street, Ga- lena, lllinois, filed claim against the City of Dubuque in the amount of $51.80 claiming damages as the result of the front end of her auto being damaged as a result of being struck by a City-operated dump truck during snow removal. This matter was referred to the appropriate City Agency who, ad. vised the City Attorney that said claim had been amicably disposed of. Accordingly, ìt is the recommen- dation of the City Attorney that said claim be denied. Original Claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial he approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. 427 Special Session, August 12, 1974 August 5, 1974 Honorable Mayor and City Council On AugüBt 31, 1972, Al J. Meyer, 657 Kane Street, Dubuque, filed claim against the City of Dubuque in the amount of $50.00 as the result of dead tree limb striking and damaging his roof. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. RUBSO City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 5, 1974 Honorable Mayor and City Council On January 2, 1973, John Hryn- kow, 670 Harvard, Dubuque, filed a claim against the City of Du- buque in the amount of $47.86 claiming damages as the result of his motor vehicle being struck by a City owned salt-truck. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Oarried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 5, 1974 Honorable Mayor and City Council On December 19, 1972, William G. LaRue, 2735 Pinard Street, Du- buque, filed claim against the City of Dubuque in the amount of $75.00 as the result of a City owned traotor backing into his truck while at the City Landfill Site. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communicaiton be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Oarried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Jwtmann. Augwt 5, 1974 Honorable Mayor and City Council On May 23, 1974, John T. Quinn, 200 Thomas Avenue, East Du- buque, Illinois, filed claim against the City of Dubuque in the amount of $140.61 as the result of his vehicle being struck by City owned Police car. This matter was referred to the appropriate City Agency who ad. vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 5, 1974 Honorable Mayor and City Council On June 14, 1973, Ray Roth, 295 South Hill, Dubuque, filed claim against the City of Dubuque, in the amount of $299.49 as the result of damages being done to his car by a City truck crashing 1128 Special Session, August 12, 1974 into the left side of claimant's car. This matter was referred to the appropriate City Agency who a<!. vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney that said claim be denied. Origìnal claim is returned herewith. R. N. Russo City Attorney I Mayor Thoms mì>ved that the ' communication he reeel~ and filed and recðmmendation of de. nial be approved. Seconded by Councilman Lundh. Carried by the lollowing vote: Yeas - Mayor Thoms, Coul1cil- men Brady, Lundh, SWòkis. Nays-None. Absent-Councilman JustmJ1nn. Augwt 6, 1974 Honorable Mayor and City Council On April 18, 1973, Robert J. Arensdorf, 3õO Kaufman Avenue, Dubuque, filed cl-aim against the City of Dubuque in the amount of $81.88 as the result of the gate at the Iowa Street Parking Ramp dropping on top of his camper top. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney thM I said claim be denied. Original claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication he received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stack is. Nays-None. Absent-Councilman Justmann. August 5, 1974 Honorable Mayor and City Council On September 12, 1973, Ronald C. Palm, 2743 Burden Avenue, Du- buque, filed claim against the City of Dubuque in the estimated amount of $429.28 as the result of his motor vehicle being struck by a City owned Transit System Bus. "" This m~tter was referred to the appropriate City Agency who ad- vised the City Attorney that said Agency had denied said claim. Aœordingly, it is the reconuo<m- dation of the City Attol'hey that claim of Ronald C. Plllm be denied. Original claim is returned. here- with. R. N. Rú!;So City Attorney Mayor Thorns moved that the communication be received and filed and rètOmmendatÌon ;)f de- nialbe epproved. Sè<:ottded by Councilman Lundh. Carried by lhe following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. NayO'-None. Absent.....councilman Justmann. August 5, 1974 Honorable Mayor and CIty Council On January 4, 1974, Mary L. Ruroden, 3514 Keymont Drive, Du- huque, filed claim against the City of Dubuque in the amount 01 $68.83 as the result 01 her m<>tor vehicle being struck by a City owned vehicle. This matter was referred to 1Ir. approprillte City Agency who ad- vised the City Attorney that snid Agency hM denied said claim. Acoordingly, it Is the recommen. dation 01 the City Attorney that claim of Mary L. Ruroden be denied. Original claim Is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommend«tion of de- nial be approved. Seconded by Councilman Lundh. Carried. by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. August 5, 1974 Honorable Mayor and City Council On December 14, 1973, Kenneth J. Moran, 745 English Lane filed claim against the City of Dubuque, in the approximate amount of $100.00 as the result of a tree limb falling on his automobile and damagìng Same. This matter was referred to the appropriate City Agency who ad- vised the City Attorney that said Agency had denied said claim. Special SesSÏOla, August 12, 1974 429 Accordingly, it is t"" recommen- dation of the City Attorney that claim "f Kenneth J. Moran be denied. OÚginal claim is returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial he approved. Seconded by Councilman Lundh. Carried by the following vQte: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Jwtmann. Notice of claim of Patrick J. Egan, in the amount of $200. as the result of Spiegel Construction Company equipment driving over his sidewalk at 398 N. Algona St., presented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Notice of Clnim of Doris Church- iI~ in an estimated amount of $337.55 as the result of broken limbs falling on her car on June 20, 1974, at 2539 Traut Terrace, presented and read. Mayor Thome moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Council- man Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thorns, Council- men Brady, Lundh, Stackis. NaYH---"None. Absent-Councilman Justmann. Notice of Claim of Nabisco lnc.. in the amount of $247.04 for truck damage incurred as the result of being struck. by a city owned ve- hicle on July 15, 1974 at Primrose & Burlington St., presented and read., Mayor Thoms moved that the notice be referred to the City Solicitor for proper proceedings. Seco,nded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Communication of National Au- tomobile Transporters Assn., sub- mitting a COpy of Ordinance passed by t"" City c>f Couneil Rluffs, low" relating to length and weight of trucks entering from Nebraska, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lund-b. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent~Counci.lma.n Ju£tmaRll. Augwt 7, 1974 The Honorable Mayor and City Council I submit to you an ordinance amending the Dubuque Traffic Code so that over length trucks permitted in llIinois can operate on, City streets. This is in accord with Iowa regulation. As an explanation of the pro- posed ordinance I have attached a copy of a letOOi' from Chief O'Brien. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following VQte: Yeas - Mayor Thoms, Council. men Brady, Lundh, Stackis. Nay&-None. Absent-Councilman Justmann. ORDINANCE NO. 50-74 An Ordinance amending Ordi- nance No. 33.49 known as "The Traffic Code of Dubuque, Iowa" as amended by adding thereto a new Section 20.8 permitting overweight and over length trucks to operate in the City of Du- buque, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Lundh. Carried by the foilowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded: by Councilman Lund-b. Carried by the foilowing vQte: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Ahsent-Çounci1man Jwtmann. Special Session, August 12, 1974 431 Special Session, August 12, 1974 ORDINANCE NO. 50-74 per Club Place except the north- AN ORDINANCE AMENDING ORD- erly 180 foot thereof" in the City INANCE NO. 33-49 KNOWN AS of Dubuque, Iowa, from Single "THE TRAFFIC CODE OF DUBU- Family Residence District to Mul- QUE, IOWA" AS AMENDED BY tiple Residence-Planned Unit De- ADDING THERETO A NEW SEC. velopment District classification. nON 20.8 PERMITTING OVER. At their meeting of Augwt 7, :¡!:b~'i.r T~NgPE&~R-~JN~'Ri 1974 the Commtssion. acted. to CITY OF DUBUQUE lOW A rescmd the publ1c hearIng which NOW THEREFORE 'BE IT ORDAIN- had been scheduled. for August ED BY THE CITY COUNCIL OF THE 21st, l,n compl1ance with the petI. CITY OP DUBUQUE, IOWA, boners re~~ PLANNING AND 4,'i;:;~~~, \h;~~},~í~;n~~d' ".,~. ¿~: ZONING. COMMISSION bnqu" low," " ,mwd,d Ire ,nd th, "m' Daniel DIttemore i, h,tOby ,mwd,d by ,ddins ' now ",- Development Planner tion 20.8 thmto " lollow" Councilman Brady moved that "20.8 OVERWEIGHT AND OVER- the communication be received LENGTH TRUCKS. A mow< "hid, and filed. Seoonded by Councilman 0' combi..tion 01 moW< vohid" Stackis. Carried by the following w"dng th, 'OtPO"" limi" 01 Du- vote' boon"~ low, hom tb, Su" 01 minio, Y~as - Mayor Thoms Council- h.~h::y;P:í":~:~i~yth:¡";:~~~:~ men Brady, Lundh, Stackis. low', im,pwi" 01 th, wdgbt ,nd Nays-None.. lwgth ¡imit"io", impo"d by tb, Absent-Councllman Justmann. bw' 01 th, SUtO 01 low, if th, Petition of Dubuque Composite lwgth ,nd w,ight 01 th, motot ,,- Squadron requesting that the week bicl<, Ot ,"mbi.."on 01 motUt "bic- of September 1 to 7, 1974 be de- l" i, in conlotmity witb th, l,w, to- ciared Civil Air Patrol Week pre- b"ng to ~h, lwgth. ,nd w,isbt 01 sented and read. ' motot. vêhtd" ,ff""" m tb, .~UtO Councilman Lundh moved that 01 mmm' " 01 July I, 1974.. the rules be SUBpended in order P""d, ,pptU"d ,nd ,doptOd th" 12th to let anyone present address the d,y 01 Augu", I~~n T Thom' Council if they so desire. Seconded M,~ot by Councilman Brady. carried by Emil St"k" the following vote: ¡,m" E. B"dy Yeas - Mayor Thoms, Council- Alvin E. Lundh men Brady, Lundh, Stackis. Conncilmw Nays-None. Absent-Councilman Justmann. Mary Donahue and Cindy Stef- fen, members of the Composite Squadron, addressed the Council by relating their various activities of the Squadron membership. Councilman Stackis moved ap- proval of the request and the Mayor declared the proclamation. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Petition of Schiltz Development Corp. requesting the rezoning of Lot 2-1-1-1 of East 'h of SW¥4 of Section 21 Twp. 89 N. R. 2 E. from Single Family 00 Multiple Family Classification, 10 cat e d behind Hempstead High School, presented and read. Mayor Thoms moved that the petition be referred to the Planning & Zoning Commis, sion. Seconded by Councilman 430 Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Petition of Bernard Hefel re- questing the erection of 5 street lights in Hawkeye Estates, present- ed and read. Mayor Thoms moved that the petition be referred to the City Manager and Electrical Inspector. Seconded by Council- man Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Petition of Peoples Natural Gas requesting permission to excavate 3 holes on W. 14th Street and 1 on Avalon Road, presented and read. Mayor Thoms moved that the pe- tition be received and filed and re- quest be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Petition of Dorothy L. Jones et ai, desiring to go on record of protesting the vacation of an alley running east and west off Cath- erine Street between W. 17th and W. 16th Streets and requesting to be notified if any attempt is made as to the vacation of said alley, presented and read. Mayor Thoms moved that the petition be re- ceived and filed and a copy of pe- tition be sent to the Planning & Zoning Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Petition of Teleprompter Cable TV requesting approval of month- ly service charges from $4.03 to $5.75 Lifetime rate; From $5.70 to $7.25 regular rate, Secondary service from $1.00 to $1.50, pre- sented and read. Mayor Thoms moved that the petition be re- ferred to the City Manager and City Solicitor for consideration and report prior to setting a date for pubiic hearing and they be desig- nated to receive TV financial reo- ord. Seconded by Councilman Bra- dy. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Stackis. Nays-None. Abstain-Councilman Lundh. Absent-Councilman Justmann. RESOLUTION NO. 300-74 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 iiceases 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 LICENSES Imperial Lanes, lnc., 3505 Stone- man Road (and Sunday Sales) Passed, adopted and approved this 12th day of August 1974. Allan T. Thomas Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilman Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. ATTEST, L'a F. FtUmm,¡', City Clock Publ"h,d offici,lly in th, Td,guph Hmld N,w,p'p" thi, 16th d,y 01 Aus- ut<, 1974. Loo F. Fmmmdt, City Clock RESOLUTION NO. 301.74 WHEREAS, applications for Liq- uor Licenses were filed by the within named appiicants 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 Or- dinances relevant thereto and they have filed proper bonds. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. It. 8-16 Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Ahsent-Councilman Juslmann. Augwt 9, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- ceived a communication from the attorney representing Mr. Arthur Pins withdrawing Mr. Pins' re- quest for reclassification of "All of Old Timers Athietic and Sup- ""'" è 4,?2 Special SeS,'iion, Augu.s~ 12., l\;ì74 CI,AsS "e" (CQMM~RCIAL) Bli6R AN~ LIQUOR LICENSE .\1npedal 1,.a.D,es, ln~. 3505 Stone. man Road (A,ND SUnday Sales) Passed, adopted and approved this l~th day of August 1974- Allan T. Thoms Mayor );mil SiaIlJæ James E. Brady Alvin E. Lundh Councilmen Attest: \ÆO F. Frommelt City CierI¡ !.\ :ayor Thoms moved adoption Qi, tI¡¡! resol1.\tioll. Seconded by I CQW;Icilman Lun<})l. Carried by the fo]]Pwi,J¡g vote: Yeas - MaYor Thoms, Council- nwn BradY, I,.un4h, Siackis. Nays-None. Absent-Councilman Justmann. RE$QI,UT,IØN NO. 302.74 BE IT RESOI,.VED by the City Co~ of t)¡e City of Dubuque, IoWa, that the following having comp1;ied with the provisions of law rela!iD,g to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted, a permit to sell Cigarettes.' an¡! Cigarette Papers within S'!Ìd City. Joseph 1,. ~e""r, 1064 University Avenue Passed, adopl<¡d and approved this 12th day of August 1974. Allan T. Thoms Mayor Emil Stackis James E. Brady Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Tlton;s; roo-v..1 ad/J¡¡.tion of the resolution. Seconded, by Councilman 1,und\l.. Carried by the following vote: Yeas - Mayor Thoms. Council- m<>n Brady, Lundh, st,,~kis. Nays-None. Absent-Councilman Justmann. There being no further bwiness, Councihnan stackis moved that the meeting be adjourned. Second- ed by CoUl¡cilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays-None. Absent-Councilman Justmann. Leo F. Frommelt City Clerk Approved ................................19------. Adopted ..................................19------. ............................................................ Mayor ............................................................ ............................................................ ............................................................ """"c.;:;¡;;;;u¡;;;;;""""""""""""""'" Att~t: """""""""""""ëiii"'ëi~¡:k"" Sp~cial Ses~¡on, August 19, 1974 m CITY COUNCIL OFFICIAL Special Session, Aù~ust 19, 1974. Courtcil met at 6:00 P.M. (C.D.T.) ÞreSeht - Mayor Thom's, Coun. cilrn.en Brady, Justmann, Lundh, stacki.. City Ma'nager Gilbi>rI D. Ch'O..nelie. Mayor '!"horns tead the call and stated th-at service thereof had been duly made and thIs meeting is cAlled fOr the putpoSê of aCting upon such business as may pro >- etly Come before the Council. èomunication of Playground 8< RècreatiOn COmmisSion ~ubmitting ~utes ()f thèir meeting of Au~ g\lst 12, 1914, presented and read. Mayor Thoms moved that the min. utes be received and filed. Sl!c- oMed by Councilman Brady. Car. tied by the following vote: Yeas - Mayor Thoms, Council- iftèn Btady, J\i.!lnal1l\, Lund.h, Stackis. Nays--None. CommunicatÌon of Dock Com- missiú!1 submitting minutes of their meetings of May 15, June 5 and 19, 1974, presented and read. Mayor Thoms moved that the min- IIt~. lie l'(!C'eiveti and filed. Sec- ofided by Councilman Brady. Car- ried by the followIng vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays~None. Communication of Muscular Dys- trophy As!OCiations of Aìnérica lnc., advising of its annUal drive on November 10, 1974, presénted and reM. Mayot Thoms moved that the communication be re- ceived and filed and referred to the City Manager. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Dock Commis- sion commending Councilman Bra- dy for his efforts on a proposal to provide an access road opening the 4th-6th Street peninsula area to vehicular traffic at Second 81., presented and read. Mayor Thoms moved that the cOmmunication be received and filed and copies re- fel'teïÍ to tile Oouncil and partku- larly to Councilm'an Brady. Sec- ò'/1dèd by Councilm"n Lundh. Car- ried by the following vote: Yeas ~ Mayor Thoms, Council- men Brady, Justînann, Lundh, Stackis. Nays-None. August 14, 1974 Honorable Mayot and City Oouncil I am returIDng the petition of Hefel Bro.s. requesting new .treat lighting in Hawkeye E.ta!es &1b- division. The arM hàs béè!l il!veâtlgàted by tile Electtical lnspecto't and It is recommè!ldèd that nV'e (1i) 1'15 watt mercury vapor type tiXÌl1tèâ, mOunted on metal pores, be þlàced at the followlfig locatlOfis: Hawkeye DrÍÝe One (1) on easemênt betWéèn Lots ~ and 3. One (1) 011 Msèînent l>etweè!\ Lots 22 and 23. One (1) on easement between Lots 26 and 27. hI..,;cd \,yeno)\\ OJtè (í) òl1 ëâlièmellt bl!tweèll LOts \I alld 11\. One (1) 011 eàseme!\t, n\)rtll side of LOt 12. Your approval of these installa- tions is requested. Gilbert D. Cha'lètlellê City Mànager Mayor Thorn. moved that the request be approved. Secol1ded by Councilman Lundb. Carried by the following vote: Yea. - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay~None. Augwt 1, 1974 Honorable Mayor and City Council 1 am returning the petition of The Sisters of Charity requesting the installation of street lighting in Carmel Heights subdivision. The area has been investigated by the Electrical inspector and It is recommended that thrée 175 watt mercury vapot fixtUl'es mounted 0'/1 metal standards be in- stalled at the following locations: One on northeast curb line, mid- way Lot 2. One on northeast curb line, be- tween Lot 4 and Lot 5. One on northeast curb line, be- tWeen Lot 6 and MI. Carmel prop- erty. Special Session, August 19, 1974 4. Require the purchase of flood insurance by property owners who are being assisted by Federal pro- grams or by Federally supervised, regulated or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be located in identi- fied areas having special flood hazards. You will note in the purposes of the Act that there will be iden- tification of flood prone areas. This identification of the flood prone areas is to be determined by the Federal Insurance Admin- istration of the Department of Housing and Urban Development. Under the previous Act a map was prepared for the City of Du- buque, and was dated May 15, 1970. This map identified areas that were prone to flooding prior to construction of the floodwall and previously included all areas that were flooded in 1965. I have had numerous telephone conversations and have submitted written information to the Federal Insurance Administration request- ing that they review Dubuque in light of us now having a floodwall and to reidentify the flood prone areas. Attached is a letter dated August 5, 19i4 that I have received rela- tive to my oral and written com- munications. You will note in this letter that the flood insurance map is being revised. I am told that this revised map should be avail- able to us by October 1. Under the provisions of the Act there is a 90 day appeal period in which either the City or citizens may ap- peal the determination made by the Federal Insurance Administra- tion. At the end of this 90 day period the Federal Insurance Ad- ministration will evaluate input data from the communications re- ceived and make a final determi- nation on the flood prone areas .hat are subject to flood insurance. As I receive more information from the Federallnsurance Admin- istration, I shall keep you in- formed. Francis A. Murray Assistant City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman 434 Your approval of these installa- tions is requested. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the re- quest be ,approved. Seconded by Councilman Lundh. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. August 14, 1974 Honorable Mayor and Members of the City Council Please be advised that I have approved the following Compre- hensive General Liability Policy issued to: Louis Buechel-Policy No. ICC 658677, from August 25, 1974 to August 25, 1975, U. S. Fidelity & Guaranty Co. and desire to have your approval on same for filing subject to ap- proval of the City Attorney. Gilbert D. Chavenelle City Manager Councilman Stackis moved filing be approved subject to the approv- al of the City Attorney. Seconded by Mayor Thoms. Carried ,by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. August 13, 1974 To the Honorable Mayor and City Council The Flood Disaster Protection Act of 1973, as amended from the previous flood protection acts, be- came effective December 31, 1973. As outlined in the Act, its pur- pose is as follows: 1. Substantially increase the lim- its of coverage authorized under the national flood insurance pro- gram. 2. Provide for the expeditious identification of, and the dissemi- nation of, information concerning flood prone areas. 3. Require States or local com- munities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plain ordinances with effec- tive enforcement provisions con- sistent with Federal standards to reduce or avoid future flood loss- es; and ",-".., Special Session, August 19, 1974 435 Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. August 16, 1974 Honorable Mayor and City Council I herewith submit the reports of the City Auditor, City Treasur- er, Water Superintendent, Health Department, as welI as a list of claims paid, for the month of July 1974. Gilbert D. Chavenelle City Manager Councilman Brady moved that the communication be received and flied. Seconded by Mayor Thoms. Carried by the folIowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. August 9, 1974 Honorable Mayor and City Council On June 28, 1974, Elmer G. and Margaret W. Thomas, 2700 IWose- vel! Street, Dubuque, filed claim against the City of Dubuque, claim- ing damages in the amount of $15, and alIeging said damages oc- curred on June 20, 1974, when a City crew was removing storm damaged trees from the road, they broke off their mailbox. This matter was referred to the appropriate City Agency who has advised the City Attorney that said claim has been amicably disposed of. In view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. Original claim is herewith re- turned. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Claim of Frank Elliott, in an unestimated amount, for damage incurred as the result of a city water crew backfiiling a ditch at 2280 Woodworth Street on August 9, 1974, presented and read. Mayor Thoms moved that the Nocice 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, JUstmann, Lundh, Stackis. Nays-None. Notice of Claim on behalf of Bert Gurney Associates Inc., in the amount of $13,335.00 due from Goerdt Construction Co., in con- nection with the Waste Water Treatment Facilities Phase II, Con- tract lIB, Treatment Plant, pre- sented and read. Mayor Thoms moved that the Notice be referred to the City Attorney for proper proceedings. Seconded by Council- man Stackis. Carried by the folIow- ing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Stackis. Nays-None. Abstain-Councilman Lundh. Notice of Suit, with first amend- ment to petition of Mark David Mihm by Bernard W. Mihm, his father, and Bernard W. Mihm, fa- ther of Mark David Mihm a minor, vs. Trausch Baking Co. & City of Dubuque for personal Í1Ijuries re- ceived by said minor in the 400 block of W. Locwt Street on May 13, 1974. in the amount of $6,000.00. presented and read. Mayor Thoms moved that the Notice be referrel.. to the City Attorney for proper pro, œedings. Seconded by Councilman ~tackis. Carried by the folIowlne vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh. Stackis. Nays - None. Petition of Key City Plating Co. requesting permission to construct a sign and planter in front of their new building on Kerper Blvd., pre- sented and read. Mayor Thoms moved that the petition be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. ORDINANCE NO. 51-74 An Ordinance Authorizing Key City Plating Co. to Construct Planter & Sign, presented and reed. ~,~ 436 Special Session, August 19, 1974 Mayor Thoms moved tbat the reading jUBt had be considered the first reading of the Ordinance. Seconded by Councilman Stackis. I Carried by the following vote: Yeas - Mayor Thoms, council- men Brady, Justmann, Lundb, Stackis. Nays - None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman stackis. Carried by tbe following vote: Yeas Mayor Thoms, Council, men Brady, Justmann. Lundh, Stackis. Nays-None. ORDINANCE NO. 51.74 AN ORDINANCE AUTHORIZING KEY CITY PLATING CO. TO CON- STRUCT PLANTER" SIGN. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, SECTION 1. Th" Key City Pbtins Co. " own'" of the p"m;'" known" 2>00 K"p" Lot 2 nf 1 of 1 Block' Rimhont Sob. No. , in the City of Dubnque, low" be ,nd they "e hmhy gnn"d the moc,ble p"mit ",d ,.tho,- ity to tonmn" ,nd m,innin Pbn'" " Sign und" the t"m' ,nd tondition, ..t fn"h ;n thi, Otdi",ne<. SECTION 2. Th" ,nth tonmu"ion ,),,11 be done in "tOtd,ne< with pbn, h,,"ofo.. suhmi.,w by PmID"'" ,nd ,pp,ond by Ci'y M,n,g", und" ,h, sup"v~;on and di'<ttIDn of the City M,n,g", ,nd in "to,d,ne< with ,II 'p- pl;c,ble "'" ,nd fed",1 bw, ,nd "gub- tio.., ",d the O,din,nt« of the City of Dubuque. SECTION 3. Th" ,he p',mittion h"e- in gnn"d i, ",p""ly tOnditioned on reo'mi"", ,g"""e", to' ,j Attume ,ny ,nd ,II li,hility fo' d,m- 'S" to p"""" 0' ptOpe,ty whith may ",ult ftOm the e"""ne<, lo",ion, in- ",Ibtinn, ,nn",u,,;on Ot m,in"n- one< of "id Photo' " Sign; bj To p,y on bob,]f of the City of Du- buque ,II ,um' whi,h the City of Dubuquo ,h,1I betOme oblig",d to P,y by ""on of ,he Iiabaity impo"d upon the City of Dubuquo fOt d,m,," of ,ny kind ",ulting hom the I""ion, in",lI"ion, ",i"en", tOnmuttion Ot m,in"n",e< of "id Pbn'" " Sign, ,..nined by ,ny p,,"on Ot p,,"o", "u..d by ",ident Ot Oth"w~e, to dofend " itt own ",!"n.. ,nd nn be- h,lf of ,,;d City ,ny d,,", 'g,in" the City of Dubuque "i,ing out of ,he lo",ron, in",lbtion, ",i"ene<, tOn"rn,tion Ot m,in"",nce of PI",t" " Sign ,.d to P,y ""o",ble "to,ney fe" th"ofo"; ,) To indemnify ,nd hold City of Du- boqoe fm ,nd h"mlett hom ,ny ,nd ,II d,;m', I..., liability and ox""'" fOt inju,i" to thi,d p""" ot d,m'g" to ptOpe"y of thi,d pe,ron'. Ot foe d,m'ge to ,ny ptOp"ty of City of Dubuque whi,h m'y 0"", " , ",ult of 0' in tOnnoction with the I""ion, i.."n"ion, tOnmu"ion, m,in"nant< ,nd "p,;' of the ¡'dlity, woek 0' im- ptOnment p"mi",d hmin. SECTION 4. Th" the ""mittion hmin ,nn"d i, oxpt",Iy tOnditioned upon p"- mi"", fu"h" ,g"ement th" ,hould the ,ight ,nd p';viltge h",in gnn"d be ""inded Ot "voked by the City Council, p"mi""', Ot th<i, .."",Ot, in in""", " own'" of the abu"ing ptO!,,"y, ,h,n within ton (10) d,y' ,f", ,occipt of w,itten noti" hom the City Manag", on to do, " thci, own ox!"n", "",nn ,,;d Pl,n"t " Sign, ",d in the mnt nf thri, ¡,au" .. «> do, the City of Dubuquo ,hall be ,utho,ized to "mnve "id pbn", " Sign, " !",mit"" e.pen" ,nd di,po.. nf ,he "me, .nd tho !"tmi"", ,h,1I h.ve no daim agai..t the City Ot ;tt agenu foe d,m.g" ",ulting hom the "moval nf "id Pbn'" " Sign. SECTION 5. P"mitt<" tOvenant and ag'" th" the mo"ble !",mit h,,<in .nn"d do" not tOn..i.." ,n ,pptOvol of the d"ign, "oction, loc"ion. tOnmuttion, "p,i, 0' ",;oteoOn" of "id ¡",Iity .nd "id pe,mi"" h",eby "",=antt ..d 's"" not to ",," ,uth doim 0' defeo,. ,g,;n.. the City nf Dubuque in the evenc nf daim a...."ed foc !"non.! "'iu"" ",d/o, prop- "cy d,m,.e ,gain.. the p"mitt" .",ing out of Ot in any w,y connec<ed with the I""ion, in",lhtion, conmntdon, d"ign, "poi, ond main"nan,e nf th, ¡',ility h"cin p"mitew. SECTION 6. Thi, O,din.nte ,h,ll be- ,ome off",ive and the ,ish" h"eund" ""'" co Key City Phtio" Co. when thi, Oedin.o" b.. been adopted by ehe Oty Conndl and the tern" .nd tOnditio", thmnf ""!,,ed by !",mite'" by a"'Pt- on" cndotted nn thi, Oedin.n". p"..d, apptOved ,nd adopted chi, 19th day nf Augu". 1974. Allan T. Thnm' M,yo, J."" E. Bndy C. Robe" Ju..mann Emil St"k" Alvin E. Lundh Coun,ilmen ATTEST, Leo F. FtOmmelt, City C¡"k ACCEPTANCE OF ORDINANCE NO. 51-74 The undmigned having ",d and being hmili" with the te,m' ,nd tOndidon, of O,dinan" No. 51-74 h"eby, fot th"", "Iv", thei, ,u"""" ot ",ign', " own- "" of the .buteins p,npe"y, .mpt che "me ,nd as"e to be bound by the condi, tion' ,nd agteemen" the"in ,nnt,;ned to be pednemed by ""mit_. Special Session, August 19, 1974 437 Doted Aug"'t 19, 1974 Key City PI"ing Co. By, Jam" F. Conlon P"'ident Ot Vi",P",ident ot Ptop"'y Own" By, K"hl"n A. Conlon Semt..y ot nth" Offi", Publi,hed offi".lly in the Tele"nph Hmld N~'pa!,,' thi, 22nd day of Ang- n", 1974. Leo F. F"mmelt, City CI"k It. 8-22 Mayor Thoms moved final adop. tion of the Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Amvets Auxiliary re- questing permission to sell White Clovers on September 6th and 7th, presented and read. Mayor Thoms moved that the petition be ap- proved and referred to the City Manager. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay&-None. Petition of Don Pettit, et ai, re- questing vacation of the East 281 feet of the 10' wide access between the 1800 -block on N. Algona and Avoca Streets, presented and read. Mayor Thoms moved that the pe- tition be referred to the Pianning & Zoning Commission for investi- gation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. Petition of objection of Edwin L. Glab, et ai, to the requested closing of the east portion of the alley located between Green Street and N. Grandview Ave. from Avoca to Algona Streets, presented and read. Mayor Thoms moved that the petition be referred to tbe Planning & Zoning Commission for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 303.74 BE IT RESOLVED by the City Council of tho 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. Robert Kehl, 62 Locust Street Max Rettenberger, 960 Dodge St. Lorraine M. Hirsch, 206 West Third Street Phillip T. Langas, 1105 Loras Blvd. Ronald J. Haas, 1630 East 16th St. Passed, adopted and approved this 19th day of August 1974. Allan T. Thoms Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol. lowing vote: Yeas - Mayor Thoms, Council- meu Brady, Lundh, Stackis. Nays-Councilman Justmann. RESOLUTION NO. 304-74 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 "C" IBEER PERMIT Ralph J. Grabow, 1050 University Avenue Passed, adopted and approved this 19th day of August 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by 438 Special Session, August 19, 1974 Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 305.74 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 be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Raiph J. Grabow, 1050 University Avenue passed, adopted and approved this 19th day of August 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 resoiution. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. At 6:28 P.M. Mayor Thoms moved to go into executive session for consideration of appointments to various Boards and Commis- sions. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Council reconvened in regular session at 7:05 P.M. at which time Councilman Lundh moved approv. al of the following appointments: Playground & Recreation Commis- sion, Paul Russo to replace Tom Breitbach, term expiring July 5, 1977; Citizens Advisory Board, Da- vid Bonnett, Vincent A. Kueper, and Dorrance Pitz, all for 3 year terms expiring June 1, 1977; Low- Rent Housing Commission, Char- lotte Kelly replacing James W. Grant, and Douglas Pearce repiac- ing Rev. Robert P. Odden ,both for 2 year terms expiring August 17, 1976; and Dave Loney to fill the unexpired term of Mary Petropo- lous to Jan. 1, 1977, on the Human Rights Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 306-74 Confirming the Appointment of Members of the Low.Rent Hous- ing Commission of the City of Dubuque, Iowa. WHEREAS, on the 17th day of Augwt, 1970, the City Council of ,he City of Dubuque, Iowa, adopt- ed Resolution No. 244-70, electing to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa, and by said City Council through a Board of Commissioners to the extent of the authority granted said Board by said City Council; and WHEREAS, on the 1st day of February, 1971, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 36-71 amending said Resolution No. 244- ,0 increasing said Board of Com- missioners from five to seven members; and WHEREAS, the Mayor of the City of Dubuque, pursuant to said Resolution No. 244-70 and to Reso, lution 36-71 has appointed mem- bers to the Low-Rent Housing Com- mission of the City of Dubuque; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU, BUQUE, IOWA: Section I. That the action of the Mayor of the City of Dubuque, Iowa, in appointing Charlotte Kelly to 8-17-76 Douglas Pearce to 8-17-76 as Commissioners of the Low.rent Housing Commission of the City of Dubuque, Iowa, is hereby ap- Special Session, August 19, 1974 proved and the appointment of said Commissioners is hereby con- firmed by this City Council for the period designated in the Cer- tificate of Appointment of Com- missioners now on file in the office of the City Clerk. Passed, approved and adopted this 19th day of August, 1974. Alian T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen 439 (6:00 P.M.) meeting be adjourned and the hearing scheduled for 7:30 P.M. this evening relative to park closing hours be adjourned to the meeting scheduled for August 26, 1974. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Leo F. Frommelt City Clerk Approved ................................19--. Attest: Leo F. Frommelt City Clerk I Adopted .................................19--. Councilman Justman moved adop- tion of the resolution. Seconded by Councilman Brady. Carried by the ........................................................ following vote: Mayor Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. "'.".".".".""'.""""""""""""""'" Mayor Thoms moved that the City Clerk be authorized to sign Notice to Bidders for the Dubuque """'."""""""."-""""""""""""""'" County,City Law enforcement com- munication system. Seconded by Councilman Justmann. Carried by ...-..................................-............-... the following vote: Yeas-Mayor Thoms, Councilmen Brady, Jwtmann, Lundh, Stackis. .................................................:........ Nays-None. Councilmen There being no further bwiness Mayor Thoms moved that this Attest: ..........................................-.... CIty Clerk 440 Special Sessiou, August 26, 1974 CITY COUNCil OFFICIAL. Adjourned Special Session, Aug- ust 26, 1974. Council met at 7:30 P.M. (C.D.T.) Present-Mayor Thoms, Council- m'" Brody, Justmann, Lundh, Stockls. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had heen duly made and this is AN ADJOURNED SPECIAL SESSION of the Meeting of August 19, 1974, called for the purpose of CON- DUCTING A PUBLIC HEAIUNG ON A PROPOSED ORDINAI<ICE REGULATING CONDUCT IN PUB- LIC PARKS and acting upon such other business as may properiy come before the Meeting. Mayor Thoms proclaimed Sep- tember 23, 1974, as "Hunting and Fishing Day." Proof of publication, certified to hy the Publisher, of Notice of Hear- ing on a proposed Ordinance regu- iating conduct in public parks, presented and read. Mayor Thoms moved that the proof of publication be received nad filed. Seconded by Councilman BradY- Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. 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 sec- tion 30 in lieu thereoÍ to provide for the open season or hours for the Respeotive Parks in the City of Dubuque, Iowa, presented and read. Councilman Lundh moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Councilman Brady. Carried by the foliowing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Mrs. John Wells addressed the Council romplaining mostly about trafflc noises during the last 3 years. Dave Schrieber Suggested putting in a creeper lane on Kerri- gan Road. After considerable dis, cussion, Counciiman Lundh moved to reimpose the rules. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Jwtmann, Lundh, Stackis. Nays-None. Councilman Stackis moved that the Park Board and Council sit down and discuss closing hours for public parks with the City Manager. Seconded by Councilman Juslmann. Carried by the following vote: Yeas-Councilmen Brady, Just- mann, Stackis. Nays-Mayor Thoms, Counc:Jman Lundh. Communication of Mayor Thoms requesting a few minutes time to invite Ma. Morna Conlon and Ms. Mary Lynn Neuhaus to give a re- port on this years Mayor's Summer Youth Employment Program, pre- sented and read. Council1nan Stack- is moved to suspend the rules to iet anyone present address the Council if they so desire. Seconded by Councilman Brady. Ms. Marna Conlon and Ms. Mary Lynn Neu- haw of the Mayor's Summer Youth Employment Program and Gary Kempthorne of Iowa State Employ- ment Office addressed the Council stating the Program has become financial self-supporting. During the summer 431 positions were filled and 63 part,time jobs were obtained. Councilman Stackis mov. ed that the rommunication of Ma- yor Thoms be received and filed. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Rev. Sigwarth, George Coffin and Jim Reynolds addressed the Coun- cil regarding the barricading in the Washington Street neighbor- hood area. Proof of Publication, certified to by the publisher, of Actual Use Report of Revenue Sharing Funds to June 30, 1974, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Justmann. Carrid by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Jmtmann, Lundh, Stackis. Nays-None. Special Session, August 26, 1974 441 Proof of Publication, certified to by the Publisher of Statement of Di.,bursemems and Receipts along with list of Claims for July, 1974, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Jwtmann, Carried by the foliowing vote: Yeas-Mayor Thoms, Councilmen Brady, Jmtmann, Lundh, Stackis. Nays-None. Communciation of Low-R e n t Housing Commission submitting minutes of their meeting of Aug- wt 20, 1974, presen:ed and read. Mayor Thoms moved that the min- utes be received and filed. Second- ed by Councilman Justmann. Car- ried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmàìln, Lundh, Staclds. Nays-None. Communication of Kenneth E. Jury objecting to the idea of re- imposing a toll on the Julien Du- buque Bridge, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of C~ J. Callag- han of 1057 W. 3rd Street object- ing to the Delhi Group Home mov- Ing next door to them, presented and read. Mayor Thoms moved that the communication be received and filed and referred to Council. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas-Mayor Thoms, Counc!Imen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Mrs. Clarence Galliart of 1976 W. 3rd Street ob- jecting to locating a group home in the area, presented and read. Mayor Thoms moved that the com- munciatlon be received and filed and referred to Council. Seconded by Councilman Justmann. Carried by the foliowing vote: Yeas-Mayor Thoms, Councilmen Brady, Jus.mann, Lundh, StackÌs. Nays-None. Communication of Jay P. Kopp requesting that the Hillcrest Or- ganization be restrained from ac- complishing their announced inten- tion of locating a Group Home for adolescents at 1045 W. Third Street, presented and reed. Mayor Thoms moved that the communication be receiv,ed and filed and referred to the Council. Seconded by Council- man Jwtmatul. Carried bt the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Petition of David Derks et a] (27 signers) objecting to the pro- posed location of the Hillcrest Boys group home at 1045 W. Third Street, presented and read. Mayor Thom. moved that the petition he received and filed and referred to Council. Seconded by Councilman Jwtmann. Carried by !be fallow. ing vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of David Loche~, 1004 W. Third Street ob,iecting to 'be location at 1045 W. 3rd Street for a boys group home, presented and read. Mayor Thoms moved that the communication be received and filed and referred to the Council. Seconded by Councilman JUBtmann. Carried by the fallowing vote: YeaS-:Mayor Thoms, Councilmen Brady, Jwtmann, Lundh, stackis. Nays-None. Communication of Tri-State Elec- tronic. Assn. recommending that a board of TV technicans be created to whom a cable customer oould go to for resolving com- plaints and for City Council guid- ance, and requesting that any rate increase be deferred for the Cahle Company until the signal quality and Cable Company service proves oatisfactory, presented and read. Mayor Tboms moved that the com- munciation be referred to the pub- lic hearing to be held at a later date. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Staclds. Nays-None. Communication of Local 94 UAW Consumer Affairs CommÞttee sug- gesting ideas relative to a request in raise of TV rates and requesting tbat a oorporate officer from TV home office attend the hearing meeting, and further that the rate increa.e be referred to the Iowa 442 Special Session, August 26, 1974 Commerce Commission, presented and read. Mayor Thoms moved that the communication be referred to the public hearing to be held at a later date. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Jwtmann, Lundh, stackis. Nays-None. Communication of Joe Roepsch of 1091 Loras objecting to the pro- posed rate increase for TV, pre- sented and read. Mayor Thoms moved that the communication be I referred to the public hearing to be held at a later date. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. Communication of Warthurg Theo- logical Seminary objecting to the idea that TV channel 10 is con- sidering discontinuing of program- ming here in the City as it would mean a loss for expression for our institutions, presented and read. Mayor Thoms moved that the com- munication be referred to the pub- lic hearing to be held at a later date. Seconded by Councilman Stackis. Carried by the following v()te: Yeas-Mayor Thoms, Councilmen Brady, Jwtmann, Lundh, Stackis. Nays-None. Oomm~ation of Miss Cath- erine A. Schoofs objecting to the proposed entirely unjustified rate increase for TV as requested, pre- sented and read. Mayor Thoms moved that the communication be I referred to the public hearing to be held at a later date. Seconded by Councilman stackis. Carried by the following vote: YeaS--'Mayor Thoms, Councilmen Brady, JUBtmann, Lundh, Stackis. NayS--'None. Communication of Miss Mary G. Starr, 383 Locust Street, urging the Council to refuse the Tele- prompter Cable TV request for a rate increase, presented and read. Mayor Thoms moved that the com- munication 'be referred to the pub- lic hearing to be held at a later date. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Communication of J. A. McCul- lough of 1022 Langworthy suggest- ing that before a rate increase be granted Cable TV, they should im- prove their service, presented and read. Mayor Thoms moved that the communication be referred to the public hearing to be held at a later date. Seconded by Council- man Stackis. Carried by the follow, ing vote: Yeas-Mayor Thoms, Councilmen Brady, Juslmann, Lundh, Stackis. Nays-None. Communication of Gen Heath. cote objecting to Teleprompter cur- tailing of services at the same time they arc asking for at rate increase, presented and read. Mayor Thoms moved that the com- munication be referred to the pub- lic hearing to be held at a later date. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Jwtmann, Lundh, Stackis. Nays-None. August 23, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has held a public hearing on its proposal to remove the Local Business "A" zoning district classification from properties in the vicinity of Ohio Street, Drexel Avenue, Chaney Road and Bristol Drive at their intersection with Pennsylvania Av- enue, and to classify such proper- ties in the Multiple Residence zone. The properties so considered are described as follows: Lots 1, 2, and 3 of Block 5 of Rolling Ridge Subdivision No.2 (Joseph and Caroline Sandman); The west 40 feet of Lot 410 of Lennox Addition (Margaret Casey (life estate) and Donald and Dar, lene Christ); The East 70 feet of Lot 410, and North 'h of Lot 409 all in Lennox Addition (Donald and Darlene Christ); Lot 408 and the South 'h of Lot 409 all in Lennox Addition (Vin- cent and Phyllis Remake!); Lot 3 of Block 1 of Mettal-Brooks Addition (Arthur Witherall); Special Session, August 26, 1974 443 Lots 1 and 2 of Block 1 of Mettel-Brooks Addition (Thomas Voelker and Thomas Luksetich); Lot 2 of Lot 1 of Lot 1; Lot 1 of Lot 1 of Lot 1; and Lot 2 of Lot 1, all in Block 1 of St. Anne's Sub. division (Angelo and Anna Kerper). AI] above described property lo- cated in the City of Dubuque, Iowa. The Commission undertook con- sideration of this matter at the request of owner's of adjacent residential property. Their peti- tions, although addressed to the Council, were received by the Com- mission and are herewith transmit- ted for your review. In its initial work on a proposed new zoning map in 1970 and 1971, the Commission had determined that commercial zoning in this area was no longer appropriate in view of the oharacter and extent of residential use on adjoining prop- erties. The Commission has elected to pursue such an amendment at this time in deference to the re- quest of neighborhood residents. The Commission has unanimous- ly reaffirmed its earlier decision to remove the Local Business classi- fication from the properties de- scribed above, and has further recommended that the Multiple Residence classification is more ap- propriate for future development in this area. You should also note that the petitions of Margaret A. Brewer and 42 ()ther residents of Chaney Road had requested that a portion of the subject area known as the Kerper property, be reclassified to the Single Family Residence District. In a separate but related motion, the Commission has recom- mended that this petition be de- nied. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Justmann, Lundh, Stackis. Nays-None. AN ORDINANCE amending and changing Ordinance No. 3-34" known as "The Zoning Ordinance and Zoning map of the City of Du- buque, Iowa" so as to change Lots 1, 2, and 3 of Block 5 of Rolling Ridge Subdivision #2; Lots 408, 409, and 410 of Lennox Addition; Lots 1, 2, and 3 of Mettel-Brooks Addition; and Lot 2 of Lot 1 of Lot 1, Lot 1 of Lot 1 of Lot 1, and Lot 2 of Lot 1 all in Block 1 of st. Anne's Subdivision in the City of Dubuque, Iowa, from local busi- ness "A" district classification to multiple residence district classifi- cation, presented and read. Mayor Thoms moved that the reading jwt had be considered the first read- ing of the Ordinance. Seconded by Councilman Justmann. Carried by the following vote: Yeas~Mayor Thoms, Councilmen Brady,Justmann, Lundh, Stackis. Nays-None. Mayor Thoms moved that the rule requiring an Ordinance to read on three separate days be waived. Seconded by Councilman Justmann. Carried by the follow- ing vote: Nays-None. Mayor Thoms moved that a pub- lic hearing be held on the Ordi- nance on September 23, 1974, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the Ci-ty Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Juslmann. Carried by the following vote: Yeas-Mayor Thoms, Councilmen Brady, Jwtmann, Lundh, Stackis. Nays-None. August 23, 1974 Honorable Mayor and Councilmen The City of Dubuque Planning and Zoning Commission has re- viewed the peti-tion of Mr. L. J. Schiltz requesting reclassification from Single Family Residence Dis- trict to Multiple Residence District property described as Lot 2-1-1.1 of the East 'h of ¡he Southwest V. of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. The Commission had considered this same request at its meeeting of May 22, 1974 and had conducted a public hearing on it at its meet- ing of June 19, 1974. At that time, 444 SpeciaJ Session, August 26, 1974 a quorum was present and It was decided that the petition should be denied. No official recommenda- tion was transmiUed to the Coun- cil insofar as the earlier action had been initiated within the Plan- niig and Zoning Commission. Mr. Schiltz reported that his most re- cent petition was made in hopes of gaining reconsideration of the request by Commission members who had been absent at the prior public hearing and who would have been more familiar with the under, standings that Mr. Sch'ltz feLt had been reached with the Commission at the time the Sunset Park No.3 Subdivision had been proposed. The Commission has reviewed its decision of June 19th and has found no sufficient basis for ree<!O- sideration of that earlier decision. Tbe City of Dubuque Planning and Zoning Commission has voted unanimowly to swtain its recom- mendation of June 19, 1974 that the petition for Multiple Residence classification on the subject pro¡>- erty ,be denied. CITY PLANNING AND ZONING COMMISSION Daniel D1temore Development planner Mayor Thoms moved that the communication be received and fiied and recommendation of de- nial be approved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, council- men Brady, Justmann, Stackis. Nays--Councilman Lundh. Leo McCarthy, attorney for SchiLtz development property, and L. J. Schiltz addresed the Council stating the density is less than al. lowed under the zoning Ordinance. Petition of Hempstead High School requestIng pe1'lIlÌßsion to conduct a Homecoming Parade on Ootoher 4, 1974, presented and read. Mayor Thoms moved that the petition be received and filed <I1Id approved subject to the approval of the City Manager. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Dubuque County for suspension of taxes for Eleanor E. -"",. , and Donald G. Boettcher of 2685 Roosevelt Street for 1973 taxes and 'h of 1974, presented and read. Mayor Thoms moved that the peti- tion be received and filed and sus- pension be approved. Seconded by Councilman Justmann. carried 'by the following vote: Yeas - Mayor Thoms, Council- men Brady, JUSlmann, Lundh Stackis. ' Nays-None. Petition of Womens Club Art & Craft Show by Mrs. Joe Bitter re- questing that Alpine Street from 3rd to Melrose be closed to vehicu- lar traffic to accommodate the show in front of the Bissell resi- dence on September 15th, present- ed and read. Mayor Thoms moved that the petition 'be ,referred to the City Manager for proper pro- ceedings. Seconded by Councilman Justmann. Carried by the follow- tag vote: Yeas - Mayor Thoms, Council- men Brady, Jwlmann, Lundh, Stackis. Nays-None. Petition of Dennis Althaw, Fam- ily Beer Store, requesting refund of $150. on unexpired por,tion of Class "B" Beer Permit No. B-0437, presented and read. Mayor Thoms moved that the refund be granted and the City Auditor be directed to issue proper warrant. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Notice of Suit of Margaret Sad- ler in the amount of $20,000. for personal injuries received as the result of a fall on a defeotive side- walk at 2500 Jackson Street, pre, sented and read. Mayor Thoms moved that the Notice be referred to the City Solicitor for proper proceedings. Seconded by Council- man Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Counell- men Brady, Jwtmann, Lundh, Stackis. Nays-None. Notice of Claim of Charles D. Dillon, tn the amount of $35.00 for car damage incurred as the result of striking a raised sewer cover on Rosemount Street on August 14, 1974, presented and read. Special Session, August 26, 1974 445 Mayor Thoms moved that the No- tice be referred to the City Solici- tor for proper proceedings. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Juslmann, Lundh, Stackis. Nays-None. August 19, 1974 Honorable Mayor and City Council On July 8, 1974, Frank Timmer- man, Builder and Remodeling, 3085 Oak crest Drive, Dubuque, filed claim against the City of Dubuque, in the amount of $50.47, and alleged that on July 6, 1974, after unloading his truck, a City employee of the dump dropped doors from a loader striking his truck and damaging same. This matter was referred to the appropriate City Agency who, on April 16, 1974 advised the City Attorney that said claim had been amicably disposed of. Accordingly, it is the recommen- dation of the City Attorney ,that said claim be denied. Original claim is returned here. with. R. N. Rwso City Attorney Mayor Thoms moved recommen- dation of denial be approved. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Augwt 22, 1974 Honorable Mayor and City Council On Augwt 7, 1974, Nabisco, lnc., filed claim against the City of Dubuque claiming damages by a vehicle owned by the City in the amount of $247.04 plus loss of ve- hicle at $24.00 for the two-day period for repair of same in the total amount of $271.04. This matter was referred to the appropriate City Agency for in- vestigation and said Agency has Informed the City Attorney that said claim has been amicably dis- posed of. In view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here- with. Mayor Thoms moved that the recommendation of denial be ap, proved. Seconded by Counciiman Stackis. Carried by ,the following vote: Yeas - Mayor Thoms, Council- men Brady, Jwtmann, Lundh, Stackis. Nays-None. August 20, 1974 Honorable Mayor and City Council On July 26, 1974, Leeann Lar- sen, 683 West 5th, Dubuque, Iowa, filed claim against the City of Du- buque for body damages occurring to the front end of her motor vehicle on July 11, 1974 in the amount of $62.83, and alleging said damage resulted from a police- man's pushing a suspect against said vehicle. This matter was referred to the appropriate City Agency who made an Investigation thereof and re- ported to the undersigned that said matter had been amicably dis- posed of. In view of the foregoing, it is the recommendation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved that the recommendation of denial be ap- proved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Augwt 19, 1974 Honorable Mayor and City Council Thomas M. Brimeyer, 1350 Cum- mins Street, Dubuque, filed claim against the City of Dubuque, on April 17, 1973, in the amount of $400.00, and alleging said dam- ages occurred to his motor vehicle on April 9-10, 1973, as the result of its being struck by a snowplow allegedly owned by the City, or rented by the City, while said ve- hicle was parked on Loras Boule- vard and Cummins SWeet. This matter was referred to the appropriate City Agency who made investigation thereof and made re- port to this office of no liability on the part of the City. 446 Special Session, August 26, 1974 Accordingly, it is the recom- mendation of the City Attorney that said claim he denied. Originai claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved that the recommendation of denial be ap- proved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council. men Brady, Jwtmann, Lundh, Stackis. Nays-None. Augwt 19, 1974 Honorable Mayor and ' City Council On April 12 1973, Donald C. Gross, 1328 Jàckson Street, Du- buque, filed claim against the City of Dubuque in the ,.mount of $51.50 alleging said damages oc- curred to his Toyota automobile on April 9, 1973, as the result of a City owned snowplow pushing snow against and into the side of said auto. This matter was referred to the appropriate City Agency who made investigation thereof and made re- port to this office of no liability on the part of ,the City. Accordingly, it is the recom- mendation of the City Attorney that said claim be denied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thoms moved that the recommendation of denial be ap- proved. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- I men Brady, Jwtmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 307.74 Authorizing the Execution of a Contract with Paul T. Granlund for the Downtown Urban Re. newal project, Iowa R.1S WHEREAS, the City of Dubuque, under date of July 26, 1967, en- tered into a Loan and Capital Grant Contract with the United States of America to provide finan- ciai aid to the City of Dubuque under Title I of the Housing Act of 1949, as amended to date; and WHEREAS, pursuant to such Contract, the City of Dubuque is undertaking certain activities nec- essary for the execution of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, the City Council of the City of Dubuque under date of June 11, 1973, adopted Resolution No. 196-73, which determined that an open competition would provide a distinctive piece of sculpture for installation in that section of the Project Area designated as Town Clock Plaza; and WHEREAS, the City of Dubuque in cooperation with the Dubuque Art Association sponsored an open competition and 34 entries from 28 individuals were received in re- sponse to a public announcement provided art schools, galleries, art- ists, sculpturer and other appro- priate individuals and groups; and WHEREAS, on October 30, 1973, a jury composed of Clarence Alling, Ron Bowen and Charles Mosher selected an entry entitled "Conti- nuum" submitted by Paul T. Gran- lund as the most suitable piece for installation in the Project Area; and WHEREAS, Paul T. Granlund submitted a proposal for the de- sign, fabrication and installation in accordance with the terms and conditions set forth in the public announcement; and WHEREAS, the United States Department of Housing and Urhan Development having been fully ap- prised of the competition, has con- curred in the contract documents, the proposed artist and the design chosen by the judges; now there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, Iowa: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a contract with Paul T. Granlund for the de- sign, fabrication and installation of a piece of sculpture entitled "Continuum" in the Downtown Ur- ban Renewal Project, Iowa R-15, at a cost not to exceed $27,000. Passed, approved, and adopted this 26th day of Augnst, 1974. Special Session, August 26, 1974 447 Allan T. Thoms Mayor C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. RESOLUTION NO. 308-74 WHEREAS, there has been de- livered to the City Council of the City of Dubuque, Iowa a Quit Claim Deed conveying by R. & S. Enter- prises, Inc., an Iowa Corporation, the following described parcel of real estate to the City of Dubuque, Iowa, to-wit: Southerly eight and three-quarter inches (sly. 8% inches) of the Easterly fifty-three feet eight and three-quarter inches (ely. 53 feet 8% inches) of Lot three (3) of Block six (6) in "DUBUQUE Downtown Plaza" in the City of Dubuque, Iowa; and; delivery of deed should be ap- proved and accepted. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of Quit Claim Deed of R. & S Enter- prises, Inc., an Iowa Corporation, conveying to the City of Dubuque, Iowa the 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 Quit Claim Deed in the office of the Recorder in and for Dubuque County, Iowa. Section 3. That the City Treasur- er be and he is hereby authorized to draw warrant payable to R. & S. Enterprises, Inc. in the amount of Ninety-eight and 55/100 ($98.55) in payment of said parcel of real estate. Passed, approved and adopted this 26th day of Augwt, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Jwtmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Jwtmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 309.74 Resolution calling .n .Iectlon on the proposition of issuing bonds to an amount not exceeding $2,500,000 for a recreation build- ing. WHEREAS the Ctiy of Dubuque, Iowa, in Dubuque County, Iowa, has heretofore established play- grounds and a recreation center as provided by law and, pursuant to authority contained in Section 377.2 of the Code of Iowa, 1973, as amended, ,the City Council of said City has heretofore by ordi- nance created a playground and recreation commission; and WHEREAS the playground and recreation commission of said City has recommended that lands be acquired and that a recreation building be established, construct- ed and equipped thereon in said City and that an indebtedness be incurred and bonds of said City be issued in the amount of $2,500,000 for the purpose of ac- quiring the necessary lands and constructing and equipping said building; and WHEREAS it is deemed neces- sary and advisable that the City of Dubuque, Iowa, acquire lands and estabilsh, construct and equip a recreation building thereon in said City, but it is first necessary that this propostion be submitted to and approved by the voters of said City, all as contemplated and provided by Section 377.1 of the Code of Iowa, 1973, as amend- ed; and WHEREAS a petition has been filed with this City Council re- questing that a special election be 448 Special Session, August 26, 1974 called to submit to the voters of I the City of Dubuque, Iowa, the question of acquiring lands oEd establishing, constructing and equipping a recreation building thereon in said City and of in- curring indebtedness and issuing bonds for such purpose not ex- ceeding $2,500,000, all as contem- plated by Chapter 407 of the Code of Iowa, 1973, as amended: and WHEREAS said petition is sign- ed by qualified electors of said City equal in number to more than twen<ty-five per cent of those who voted at, the last regular municipal I election in said City and said petition is in all respects sufficient and complies with the provisions of Section 407.6 of the Code of Iowa, 1973, as amended, and this City Council has jurisdiction thereof and the request therein set forth should be granted: and WHEREAS it is deemed neces- sary and advisable that said City of Dubuque, Iowa, acquire lands and establish. construct and equip recreation building thereon in said City and incur indebtedness and issue bonds in the amount of $2,500,000 for this purpose, but it I is first necessary that this proposi- tion also be submitted to the vot- ers as required by Chapter 407 of the Code of Iowa, 1973, as amend- ed: and WHEREAS under the provisions of Section 47.2 of the Code of Iowa, 1973, as amended, the Coun.ty Com- missioner of Elections is charged with the responsibility of conduct- ing all elections within the County and this Council has consulted 'With said Commissioner regard- ing the date on which the election may most conveniently be held and it has been agreed .that the 24th day of September, 1974, is a suitable date for conducting said I election; and WHEREAS registration of voters is required for elections held in said City; NOW, THEREFORE, Be 11 Re- solved by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That a special munici- pal election is hereby called and ordered to be held in and for said City of Dubuque, Iowa, on the 2Ath day of September, 1974, at which there shall be submitted to .the voters of said City the prop- osition of acquiring lands and es- tablishing, constructing and equip- ping a recreation building thereon in said City, and the proposition of acquiring lands and establishing, constructing and equipping a rec, reation building thereon in said City and contracting indebtedness for such purpose not exceeding $2,500,000 and issuing bonds for such purpose not exceeding $2,500,- 000 and levying a tax annually upon the taxable property in said City not exceeding three and one- half miils per annum for the pay- ment of such bonds and the in- terest thereon. Section 2. For said election on said propositions the City shall be divided into twenty-five election precinots, the boundaries of which shall be as delimited by Ordinance No. 28-72 of said City. The polls shall be i<ept open from seven o'clock in the morning until eight o'clock in the evening, and the polling places within the respective election precincts shail be as fol- lows: Vooting Precincts Polling Places 1st Marshall School 1450 Rhomberg Avenue 2nd Dubuque County Court- house 720 Central Avenue 3M Sacred Heart School 2211 Queen Street 4th Christensen's Greenhouse 2635 Windsor Avenue 5th Holy Ghost School 2901 Central Avenue 6th Fulton School 2540 Central Avenue 7th AudulJon School 535 Lincoln Avenue tlth Fire Station West Eighteenth and Cen- tral Avenue 9th Amalgamated Meat Cutters Union Building 1111 Bluff Street 10th Mercy Hospital Nurses Home 252 Peabody Street 11th Bryant School 12t10 Rush Street 12th YMCA Dodge Street and Booth Street Special Session, August 26, 1974 449 13th Washington Junior High School 51 North Grandview Avenue 14th Fire Station No.4 University Avenue and At- lantic Street 15th Lincoln School 1101 West Fifth Stre"t 16th Jackson School 715 West Locust Street 17th Dubuque Senior High School 1800 Ciarke Drive lßth Irving School 2520 Pennsylvania Avenue 19th Kennedy School 2135 Woodland Drive 20th Hemptsead High School 3715 Pennsylvania Avenue 21st Eisenhower School 3170 Spring Valley Road 22nd Wahlert High School 2005 Kane Street 23rd Wahlert High School 2005 Kane Street 2Ath No.5 Engine Howe 689 South Grandview Avenue 25th St. Elias The Prophet Greek Orthodox Church 1075 Rockdsle Road Section 3. That as required and provided for by Sections 407.7 and 4O7.tI of .the Code of Iowa, 1973, as amended, the County Commis- sioner of Elections is hereby au, thorized, empowered and instructed to issue a proclamation and notice of election on said propositions and of the time and places thereof, by publication of such notice in the "Telegraph-Herald," a legal news. paper published in said City of Dubuque, Iowa, and of general cir- culation therein. Such notice shall be published in said newspaper once each week for at least three consecutive weeks and on the same day of each week, and the last of such publications shall be not less than five nor more than twenty days before the date fixed for said election. Such notice shall be in substantailly the following form: NOTICE OF SPECIAL ELECTION ON RECREATION BUILDING PROPOSITIONS DUBUQUE, IOWA PUBLIC NOTICE is hereby given that a special city election has been called and ordered to be held in the City of Dubuque, Iowa, on the 24th day of September, 1974, at which there wiil be sub- mitted to the qualified voters of said City, to be by them voted upon, the proposition of acquiring lands and establi,hing, constructing and equipping a recreation build- ing thereon in said City, and the proposition of acquiring lands and establishing, constructing and equipping a recreation building thereon in said City and contract- ing indebtedness for such purpose not exceeding $2,500,000, issuing bonds of said City for such pur- pose not exceeding $2,500,000, and levying a tax on all <tauble prop- erty in said City at the rate of not exceeding three and one'half mills per annum for the payment of such bonds and the interest thereon. At said election voting machines will be wed for the submission of the aforesaid propositions and ballots prepared therefor will have the propositions printed thereon in substantially ,the following form: (Notice to Voters: For an affirma- tive vote on any question sub- mitted upon this ballot, pull down the lever above the word "Yes." For a negative vote pull down the lever above the word "No.") SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, acquire lands and establish, con. struct and equip a recreation building thereon in said City? SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall lI1e City of Dubuque, Iowa, acquire lands and establish, con. struct and equip a receratlon building thereon in said City and contract indebtedness for such purpose not exceeding $2,500,000 and levy a tax an- nuelly upon the taxable prop- erty in said City of Dubuque not exceeding three and one.half mill per annum for the payment of such bonds and the interest lI1ereon? For said election the City will be divided into twenty-five election precincts, the boundaries of which shall be as delimited by Ordinance No. 28-72 of said City. The polls wiil be kept open from seven o'clock in the morning until eight o'clock in the evening, and the 450 Special Session, August 26, 1974 polling places within the respec- tive election precincts will be as follows: Voting Precincts Polling Places 1st Marshall School 1450 Rhomberg Avenue 2nd Duhuque County Courthouse 720 Central Avenue 3rd Sacred Heart School 2211 Queen Street 4th Christensen's Greenhowe 2635 Windsor Avenue 5th Holy Ghost School 2901 central Avenue 6th Fulton School 2540 Central Avenue 7th Audubon School 535 Lincoln Avenue '8th Fire Station West Eighteeenth Street and Central Avenue 9th Amalgamated Meat cutters Union Building 1111 Bluff Street 10th Mercy Hospital Nurses Home 252 Peabody Street 11th Bryant School 1260 Rush Street 12th YMCA Dodge Street and Booth Street 13th Washington Junior High Sehool 51 North Grandview Avenue 14th Fire Station No.4 University Avenue and Atlantic Street 16th Lincoln School 1101 West Fifth Street 16th Jackson Sehool 715 West LoCUBt Street 17th Duhuque Senior High School 1800 Clarke Drive 18th Irving School 2520 Pennsylvania Avenue 19th Kennedy School 2135 Woodland Drive 20th Hempstead High School 3715 Pennsylvania Avenue 21st Eisenhower Sehool 3170 Spring Valley Road 22nd Wahlert High School 2005 Kane street 23rd Wahlert High Sehool 2005 Kane Street 24th No.5 Engine House 689 South Grandview Avenue 25th St. Elias The Prophet Greek Orthodox Church 1075 Rockdale Road All qualified voters of said City are hereby n<>tified to appear at :"'~7 said election, each to vote at the polling place for the election pre- cinct in which suoh' voter resides or as permitted by statute. ' This notice is given by order of the City Council of the City of Du- buque, Iowa, and the County Com- missioner of Elections, pursuant to Chapters 47, 49 and 407 of the Code of Iowa, 1973, as amended, and to a sufficent petition with the requisite signatures in accordance therewith. DATED at Dubuque, Iowa, this 26th day of August, 1974. Harold P. Meloy County Commissioner of Elections Attest: Leo F. Frommelt City Clerk Section 4. That voting machines shall be wed for said election and the County Commissioner of Elec- tions is authorized and directed to causehallots for voting on said propositions to be prepared in such size as will permit the same to be inserted in the proper place in each voting machine in substantial- ly the following form: (Notice to Voters: For an affirma- tive vote on any question sub- mitted upon this ballot, pull down the lever above the word "Yes." For a negative vote pull down the lever above the word "No.") SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, acquire lands and establish, con- struct and equip a recreation building thereon in said City? SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO Shall the City of Dubuque, Iowa, acquire lands and establish, con. struct and equip a recreation building thereon in said City and contract indebtedness for such purpose not exceeding $2,500,000 and issue bonds for such purpose not exceeding $2,500,000 and levy a tax annually upon the taxable property In said City of Dubuque not exceeding three and ono-half mills per annum for the payment of such bonds and the interest thereon? The County Commissioner of Elections is authorized and direct- ed to have the ballots for absent Special Session, August 26, 1974 451 voters prepared on yellow colored paper in substantially the follow- ing form, and with the facsimile signatures of the County Commis- sioner of Elections and the City Clerk in the spaces provided there- for on the back of the ballots: (Face of Ballot) Notice to Voters: For an affirma. tive vote on any question sub. mitted upon this ballot make a cross (X) mark or check (V) in the square after the word "Yes." For a negative vote make a siml. lar mark in the square following the word "No.") SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, acquire lands and establish, con- struct and equip a recreation building thereon In said City? YES 0 NO 0 Shall the City of Dubuque, Iowa, acquire lands and establish, con. struct and equip a recreation building thereon in said City and contract indebtedness for such purpose not exceeding $2,500,000 and issue bonds for such purpose not exceeding $2,500,000 and levy a tax annually upon the taxable property in said City of Du. buque not exceeding three and one-half mills per annum for the payment of such bonds and the interest thereon? YES 0 . NO 0 (Back of Balint) I Official Absent Voters Ballot for I Recreation Building Propoistioru¡ Special Election, Dubuque, Iowa September 24, 1974. (Facsimile Signature) County Commissioner of Elections Attest: (Facsimilie Signature) City Clerk Section 5. That for said election the Judges and Clerks of election in the respective election precincts shall be appointed by the County Commissioner of Elections as re- quired by Section 49.13 of the Code of Iowa, 1973, as amended. Section 6. That upon the closing of the polL<; for said election the Judges and Clerks therefor shall fiie reports of the results of the vote on said propositions with the County Commissioner of Elections in order that such results may be referred to the County Board of Supervisors at its meeting to be held on the next Monday after said election at the County Court- howe, Dubuque, Iowa, at 9:00 o'clock A.M. for the purpose of canvassing and declaring the re- sults of said election, as required and provided for by Section 50.24 of the Code of Iowa, 1973, as amended. Section 7. That all resolutions or parts thereof in confilct herewith be and the same are hereby re- pealed. Section 8. That this resolution be in force and effect immediately upon its passage and approval. Passed and approved August 26, 1974. Allan T. Thoms Mayor Attest: Leo F. Frommelt City Clerk Recorded August 26, 1974. Leo F. Frommelt City Clerk Councilman Brady moved to amend the resolution for consid- eration to date of October 5th. MOTION DIED FOR LACK O~ SECOND. Mayor Thoms moved adoption of the resolution. Seconded by Coun, cilman Lundh. Carried by the fol- lowing vote: ' Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays-Councilman Brady. RESOLUTION NO. 310-74 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 approved and licenses issued upon the com- pliance with the provisions of Chap. ter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David C. Schmitz, dba The Hearth 504 Blnff Street Passed, adopted and approved this 26th day of Augwt 1974. 452 Special Session, August 26, 1974 Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- IQwing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay.s-None. RESOLUTION NO. 311-74 WHEREAS, applications for liq- uor Licenses were filed by the within named applicants and tbey 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 Ordi- nances 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 David C. Sehmitz, dba The Hearth, 504 Bluff Street Passed, adopted and approved this 26th day of August 1974- Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Jusf:mann, Lundh, Stackis. Nays -None. RESOLUTION NO. 312.74 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 tbe City of Dubuque, Iowa, that the following applications .be graTIJtc ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Emma Margaret Scherer, 1175 Iowa Street CLASS "C" BEER PERMIT Randalls Foodarama, 2600 Dodge Street Dubuque Packing Company, 701 East 1Bth Street Passed, adopted and approved this 26th day of Augwt 1974. Allan T. Thoms MayOI' James E. Brady C. R<>bert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun. cilman Stackis. Carried ,by the fol- lowing vote: Yeas - Mayor Thoms, Council. men Brady, Justmann, Lundh, Stackis. Nays-None. RESOLUTION NO. 313-74 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply wiJth the Ordinances of this City and they have filed proper bonds; I NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "8" BEER PERMIT Emma Margaret Scherer. 1175 Iowa Street CLASS "C" BEER PERMIT Randalls Foodarama, 2600 Dodge Street Dubuque Packing Company, 701 East 16th Street. Special Session, August 26, 1974 Passed, adopted and approved this 26th day of AugUBt 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 move adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. Petition of Jim Furry, et ai, re- questing permission to use the old Naval Reserve Building for in- door sports, presented and read. Mayor Thoms moved that the petition be referred to the Youth Services and Recreation Commis- sion for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- man Brady, Justmann, Lundh, Stackis. Nays-None. At 10:05 Mayor Thoms moved to go into Executive Session to dis- CUBS appointments to various Boards and Commissions. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nay,s-None. At 10:13 P.M. Council recon- vened in regular session and Mayor Thoms moved the following ap- pointments: David Wahlert, Burton Payne and Helen McLaughlin be reappointed to the Citizens Trans- portation Committee for 3 years term expiring August 20, 1977; George Glynn appointed to the Advisory Commission for 3 years term expiring June 1, 1977; and Donald Meyers and Virginia Perry be reappointed to Low-Rent Hous- ing Commission for 2 years term expiring August 17, 1976, with Donald Meyers being appointed Chairman of the Low-Rent HoDS- 453 ing Commission. Councilman Brady seconded the motion. Carried ,by the foilowing vote: Yeas - Mayor Thoms, Council, men Brady, Jusf:mann, Lundh, Stackis. Nays-None. RESOLUTION NO. 314-74 Confirming the Appointment of Members of the Low.Rent Hous- ing Commission of the City of Dubuque, Iowa WHEREAs, on the 17th day of August, 1970, the City Council of the City of Dubuque, Iowa, adopt- ed Resoluti<>n No. 244-70, eleoting to exercise the powers contained in Chapter 403A of the Iowa Code of 1966, as amended, by the City Council of the City of Dubuque, Iowa,and by said Ctiy Council through a Board of Commissioners to the ex;tent of the authority granted said Board by said City Council; and WHEREAS, on the 1st day of February, 1971, the City Council of the City of Dubuque, Iowa, adopted Resolution No. 36-71 amending said Resolution No. 244- 70 increasing said Board of Com- missioners from five to seven mem, bers; and WHEREAS, the Mayor of the City of Dubuque, pursuant to said Resolution No. 244-70 and to Reso- ~ution No. 36-71 has appointed members to the Low-Rent Housing Commission of the City of Du- buque; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the action of the Mayor of the City of Dubuque, Iowa, in appointing Donald R. Meyers to August 17, 1976 VirginiaM. Perry to August 17, 1976 as Commissioners of the Low-Rent Howing Commission of the City of Dubuque, Iowa, is hereby approved and the appointment of said Com, missioners is hereby confirmed by this City Council for the period designated in the Certificate of Appointment of Commissioners oow on file in the office of the City Clerk. 454 Special Session, August 26, 1974 Passed, approved and adopted this 26th day of August 1974. Allan T. Thoms Mayor James E. ,Brady C. Robert Jwtmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays-None. There being no further business, Mayor Thoms moved that the meet- ing be adjourned. 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 Adopted ......................................-. ........................................................ Mayor ............................................................ Councilmen "",,""""""""'" Attest: """""'ëiitÿ"ëlerk Regular Session, September 2, 1974 455 CITY COUNCIL! OFFICIAL I Session, September 2, Regular 1974. No members of the Council being present the meeting was adjourned subject to call. Leo F. Frommelt City Clerk Approved ................................19---. Adopted ..................................l9---. Mayor ............................................................ Councilmen Attest: ..............................,................... City Clerk