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1974 December Council Proceedings580 Special Session, November 25, 1974 Approved 1975. Adopted 1975. Mayor Councilmen Attest: City Clerk Regular Session, December 2, 1974 581 CITY COUNCIL OFFICIAL Regular Session, December 2, 1974. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thoms read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. Playground & Recreation Com- mission submitting minutes of their meeting of November 18, 1974, pre- sented and read. Mayor Thoms moved that the minutes be receiv- ed and filed. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Low -Rent Housing Commission submitting minutes of their meeting of No- vember 19, 1974, presented and read. Mayor Thoms moved that the minutes be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Iowa Depart- ment of Environmental Quality submitting construction permit No. 74-378-S for Waste Water Treat- ment Facilities Phase H Contract IV, presented and read. Mayor Thorns moved that the communica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Communication of Delos Dorwei- ler expressing desire to construct a single family 4 or 5 bedroom for rental under FHA 23 Program, 75% subsidized on his lot at Ken- nedy & Carter,presented and read. Mayor Thoms moved that the com- munication be received and filed and referred to Planning & Zon- ing Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Dubuque Advisory Commission submitting minutes of their meet- ing of November 26, 1974 and com- munication from Dave Clemens re- questing permission to address the Council, presented and read. Mayor Thoms moved to suspend the rules to let anyone present address the Council if they so de- sire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Dave Clemens addressed the Council relative to neighborhood parks, particularly in the 3rd Street area. Mayor Thorns moved that the minutes of the Advisory Commission be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. November 22, 1974 Honorable Mayor and City Council On October 31, 1974, James R. Schlegel, 1085 W. 32nd, Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $25 and alleging in said claim that said damages occurred on October 30, 1974, as the result of a City owned truck backing over and de- molishing his mailbox at said ad- dress. This matter was referred to the appropriate City Agency who has made an investigation thereof and has reported to this office that said claim had been amicably set- tled. It is therefore the recommen- dation of the City Attorney that the claim of James R. Schlegel be denied. Original claim is returned here- with. R. N. Russo City Attorney 582 Regular Session, December 2, 1974 Mayor Thorns 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Claim of Merlin Lang- kamp, in an estimated amount of $125, for damage incurred as the result of a sewer back-up at 2977 Wildwood Ave. Apt. 6 on October 26, 1974, presented and read. Ma- yor Thoms moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Claim of Theresa Rud- zianski, in the amount of $45, for car damage incurred as the result of striking a hole in the street on McCormick off University on No- vember 25, 1974, presented and read. Mayor Thoms moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Appeal to the District Court in the matter of condemna- tion for the purpose of erecting, constructing, operating and main- taining a sanitary land fill, pre- sented 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 follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 68-74 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section 37 of Schedule VI thereof and repealing Section 52 of Schedule VI thereof and repealing Section 84 of Schedule VI thereof and enacting a new Section 37 to Schedule VI thereof and enact- ing a new Section 52 to Sched- ule VI thereof and enacting a new Section 84 to Schedule VI in lieu thereof to provide that Motor Vehicles Shall be Prohib- ited from Parking on Streets as Hereinafter Designated, present- ed and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO, 68-74 AN ORDINANCE AMENDING ORD- INANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SECTION 37 OF SCHEDULE VI THEREOF AND REPEALING SEC- TION 52 OF SCHEDULE VI THEREOF AND REPEALING SECTION 84 OF SCHEDULE VI THEREOF AND EN- ACTING A NEW SECTION 37 TO SCHEDULE VI THEREOF AND EN- ACTING A NEW SECTION 52 TO SCHEDULE VI THEREOF AND EN- ACTING A NEW SECTION 84 TO SCHEDULE VI IN LIEU THEREOF TO PROVIDE THAT MOTOR VEH- ICLES SHALL BE PROHIBITED FROM PARKING ON STREETS AS HEREIN- AFTER DESIGNATED. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same is hereby amended by repealing Section 37 of Schedule VI thereof and by repealing Section 52 of Schedule VI thereof and by repealing Section 84 of Schedule VI there- of and by enacting in lieu thereof a new Section 37 to Schedule VI thereof and by enacting a new Section 52 to Schedule VI thereof, and by enacting a new Sec- tion 84 to Schedule VI as follows; to -wit: "Schedule VI In accordance with Section 16.22 and Regular Session, December 2, 1974 583 when signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the fol- lowing described streets or parts of streets: 37. On the south side of West Tenth from Central Avenue to Iowa Street and both sides from Locust Street to Bluff Street. 52. Both sides of Bluff Street from Dodge Street to Jones Street and the west side from Jones Street to West First Street and the east side from West Seventh Street to West Ninth Street and both sides from West Ninth Street to West Tenth Street. 84. Both sides of West Ninth Street from Bluff Street to University Ave- nue and the south side from Bluff Street to Iowa Street and both sides from Iowa Street to Central Avenue." Passed, approved and adopted this 2nd day of December, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 5th day of Dec- ember 1974. Leo F. Frommelt City Clerk. It. 12-5. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Request of Mrs. Tom Gibbs of 1333 Kaufmann Ave. to address the Council relative to a building problem, also request of Wanda Kronfeldt relative to a building problem in another area, presented and read. Mayor Thoms moved that the request be tabled and re- ferred to the City Manager and be brought back one week hence for further discussion. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Lundh, Stackis. Nays—Councilmen Brady, Just - mann. Petition of Version E. Puls et al (12 signers), neighbors of Thomas Gibbs, requesting that Mr. Gibbs be allowed to proceed with instal- lation of electricity in his newly constructed studio, presented and read. Mayor Thoms moved that the petition be tabled and referred to the City Manager and be brought back one week hence for further discussion. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider sale of Lot 11 in Watter's Sub. to Charles Hemmer, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 412-74 WHEREAS, pursuant to Resolu- tion to publish notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on the 31st day of October, 1974 and the 7th day of November, 1974, City Council of the City of Dubuque, Iowa, met on the 2nd day of De- cember, 1974, at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chambers, City Hall, Dubuque, Iowa, to consider pro- posal to dispose of interest of the City of Dubuque, Iowa, in real es- tate, hereinafter described to Charles Hemmer; and WHEREAS, City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the hereinafter described real estate to Charles Hemmer; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the disposal of interest of City of Dubuque, Iowa, in the following described real es- tate, to -wit: 584 Regular Session, December 2, 1974 Lot 11 in "Watter's Subdivision" of part of Wooten's Addition in the City of Dubuque, Iowa, ac- cording to the recorded plat of said Addition to Charles Hemmer for the pur- chase price of Twenty-five Hun- dred ($2,500.00) Dollars, and costs of publication and any platting costs, and conveyance will be by Quit Claim Deed. Section 2: That the City Clerk be and he is hereby authorized and directed to deliver deed of conveyance conveying the above described real estate to Charles Hemmer upon receipt of the pur- chase price. Section 3: That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 2nd day of December, 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 Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION OF BOARD OF PARK COMMISSIONERS WHEREAS, the Board of Park Commissioners of the City of Du- buque, Iowa, is the owner of a parcel of real estate described as: Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Du- buque, Iowa, according to the recorded plat thereto, and; WHEREAS, John V. Meehan and Naomi R. Meehan, are the owners of real estate described as: Lot 2 of Eagle Point View in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof and; WHEREAS, due to location, pres- ent use and future contemplated uses of said properties, the parties are desirous of exchanging said parcels of real estate and such ex- change is authorized under Section 36839, 1973 Code of Iowa, as amended; and; WHEREAS, said properties be- ing of the same approximate ap- praised monetary value, the Board of Park Commissioners of the City of Dubuque, Iowa, deems it in the best public interest that said ex- change be effected; NOW THEREFORE BE IT RE- SOLVED by the Board of Park Commissioners of the City of Du- buque, Iowa: Section 1. That the exchange of the two parcels of real estate here- in above described and respective- ly owned by the Board of Park Commissioners of the City of Du- buque, Iowa, and John V. Meehan and Naomi R. Meehan be and the same is hereby approved. Section 2. That at the appropri- ate time, that the Chairman of the Board of Park Commissioners of the City of Dubuque, Iowa be au- thorized and empowered to execute a deed conveying the interest owned by it in said real estate and that same be delivered upon receipt of duly executed deed by John V. Meehan and Naomi R. Meehan conveying same. Passed, approved and adopted this 12th day of November, 1974. Dominic Goodmann Chairman Thomas G. Schrup Frederick R. Appel Attest: Thomas G. Schrup Secretary Mayor Thoms moved that the resolution be received and filed and made a matter of record. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Steckis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing, to consider sale of Lot 2 of 1 of 1 of Eagle Point View in exchange for property from John V. & Naomi R. Meehan known as Lot 2 of Eagle Point View, present- ed and read. No written objections were filed and no oral objectors Regular Session, December 2, 1974 585 were present in the Council Cham- ber at the time set for the hearing. Mayor Thorns moved that the proof of publication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 413-74 WHEREAS, pursuant to Resolu- tion to publish notice of time and place of hearing published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on the 31st day of October, 1974 and the 7th day of November, 1974, City Council of the City of Dubuque, Iowa, met on the 2nd day of De- cember, 1974, at 7:30 o'clock P.M. (Central Standard Time) in the Council Chamber, Dubuque, Iowa, to consider proposal to dispose of interest of the Board of Park Com- missioners of the City of Dubuque, Iowa, in real estate, hereinafter de- scribed to John V. Meehan and Naomi R. Meehan, husband and wife; and WHEREAS, the City Council of the City of Dubuque, Iowa, over- ruled any and all objections, oral or written, to the proposal to dis- pose of interest of the Board of Park Commissioners in the here- inafter described real estate to John V. Meehan and Naomi R. Meehan, husband and wife; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the disposal of interest of the City of Dubuque, Iowa, in the following described real estate, to -wit: Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Du- buque, Iowa, according to the recorded plat thereto, to John V. Meehan and Naomi R. Meehan, husband and wife, in ex- change for a parcel of real estate owned by said grantees, described as follows: Lot 2 of Eagle Point View in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, be and same is hereby approved. Section 2: That the Mayor and City Clerk, City of Dubuque, Iowa, be and they are hereby authorized and directed to execute deed of conveyance conveying the above described real estate to John V. Meehan and Naomi R. Meehan, husband and wife, and deliver said deed upon receipt of duly executed Warranty Deed conveying to the City of Dubuque, Iowa, the herein and above described real estate owned by the Meehans. Section 3: That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 2nd day of December, 1974. Allan T. Thorns 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. MATCHING RESOLUTION RESOLUTION NO. 414-74 WHEREAS, the City of Dubuque, Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 1975 cash funds for the following Iowa Crime Commission projects: Brief Description of Project— Area Administration for the North- east Iowa Area Crime Commission. Amount of funds being provided— $832.25. WE FURTHER RESOLVE that we will provide in-kind match dur- ing the calendar year of for the following projects: Brief Description of Project Type of In-kind—(Salary, Space, etc.) Valuation of In-kind Provided 586 Regular Session, December 2, 1974 Passed this 2nd day of Decem- ber, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thorns. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 415-74 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Thomas Ehlinger, The Pink Pan- ther, 2417 Rhomberg Avenue Passed, adopted and approved this 2nd day of December 1974. Allan T. Thorns Mayor James E. Brady Emil Stackis Alvin E. Lundh Councilmen compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Osco Drug, Inc., 703 Main Street Hartig Drug Company, 2225 Cen- tral Avenue Hartig Drug Company, 700 Main Street Hartig Drug Company, 2255 J. F. Kennedy Road Hartig Drug Company, 97 Street Passed, adopted and approved this 2nd day of December 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. RESOLUTION NO. 416-74 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 grant- ed and permits issued upon the Locust Attest Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 417-74 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 Osco Drug, Inc., 703 Main Street Hartig Drug Company, %,25 Cen- tral Avenue Hartig Drug Company, 700 Main Street Hartig Drug 'Company, 2255 J. F. Kennedy Road Hartig Drug Company, 97 Locust Street Regular Session, December 2, 1974 587 Passed, adopted and approved this 2nd day of December 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 418-74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 04th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Colette A. Oyen, Aragon Tap, 1103 Iowa Street Passed, adopted and approved this 2nd day of December 1974. Allan T. Thorns Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Staclds. Nays—None. RESOLUTION NO. 419-74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Coletta A. Oyen, Aragon Tap, 1103 Iowa Street Passed, adopted and approved this 2nd day of December 1974. Allan T. Thorns 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. At 9:55 P.M., Mayor Thorns moved to go into executive session to consider appointments to vari- ous Boards and Commissions. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Council reconvened in regular session at 10:22 P.M. Mayor Thorns moved the reappointment of Dr. Wayne Moldenhauer to the Dock Commission, term expiring Novem- ber 26, 1977. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh. Nays—Councilman Stackis. There being no further business, Councilman Justmann moved to ad- journ the meeting. Seconded by 588 Regular Session, December 2, 1974 Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved 1975. Adopted 1975. Mayor Councilmen Attest: City Clerk Special Session, December 9, 1974 589 CITY COUNCIL OFFICIAL Special Session, December 9, 1974. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chavenelle. Mayor Thorns read the call and stated that service thereof had been duly made and this meeting is called to CONDUCT A PUBLIC HEARING ON AN INTERIM ORDI- NANCE REQUIRING A SPECIAL PERMIT FROM THE BOARD OF ADJUSTMENT TO ALLOW THE EXTERIOR ALTERATION OF BUILDINGS WITHIN A CERTAIN AREA and acting upon such other business as may properly come be- fore a regular meeting of the Council. Communication of Dubuque Homebuilders & Associates dis- agreeing with the proposed in- crease in the cost of building in- spection in the proposed City Building Code, presented and read. Councilman Stackis moved that the communication be referred to the Council. Seconded by CounciI- man Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque Park Board recommending the installa- tion of two tennis courts and fenc- ing the area on the Third Street reservoir at an estimated cost of $10,777.50, presented and read. Councilman Justmann moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 6, 1974 To the Honorable Mayor and City Council The question of tennis courts be- ing placed on the Third Street wa- ter reservoir is before you for con- sideration. Before the final deter- mination is made I request that consideration be also given to the needs of the water department. For your information I am en- closing a copy of a letter written by Mr. Hail, in which he discusses the need for protecting the reser- voir. Gilbert D. Chavenelle City Manager Councilman Justmann moved that the communication be re- ferred to the Advisory Commission for investigation and report. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Robert L Day Sr., expressing opposition to use of chartered air service in the manner recently used by members of the Council in connection with the signing of the new Mass Tran- sit Bill in Washington, presented and read. Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque Deanery, Court Dubuque, C.D.A., Catholic Mothers Study Clubs, Third Order of St. Francis, J. F. IC. Council Knights of Columbus, Family Rosary Group, Padre Pio Prayer Group protesting the show- ing of Triple X films and the open- ing of a Triple X Theatre on South Main Street, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Mrs. John Hei- derscheit, president of Dubuque Deanery Council of Catholic Wom- en, objecting to the proposed Tri- ple X Theatre coming to Dubuque, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by 590 Special Session, December 9, 1974 Councilman Lundh. Carried by the I &0Guaranty 0-74 term ending Novnd No. e 0 following vote: Yeas — Mayor Thoms, Coun- I ber 25, 1975. D. Chavenelle City Manager Councilman Lundh moved that filing be approved. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Notice of Claim of Eldon Oyen, in the amount of $664.08, for car damages incurred as the result of striking manholes in Rosemont Street on December 3, 1974, pre- sented and read. Councilman Lundh moved that the notice be referred to the City Solicitor for proper proceedings. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Hearing to consider an Interim Or- dinance in the Fourth & Fifth Street area, presented and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. A Proposed Interim Ordinance requiring a special permit from the Board of Adjustment to allow the exterior alteration of any building located within the area "Beginning at the southwest cor- ner of West Fifth Street and Bluff Street thence southerly along the west side of Bluff Street to the northwest corner of the intersec- tion of Bluff Street and Emmett Street, thence westerly along the north side of Emmett Street to the northeast corner of the inter- section of Emmett Street and St. Mary's Street, thence northerly along the east side of St. Mary's Street and continuing along the east side of the extension of St. Mary's Street to its intersection with West Fifth Street, thence cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Richard C. Wagener of 1970 Winne Court ob- jecting to the proposed Triple X Theatre and they not be issued a permit, presented and read. Mayor Thoms moved that the communi- cation be received and filed. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Packet of information submitted by Mrs. Mary Lee Marting of 360 Mississippi View Drive relative to legislation as to each State adopt- ing their own obscenity law, pre- sented. Councilman Justmann moved to suspend the rules to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Stackis. Carried by the following vote : Thoms, Yeas Mayor cilmen Brady, Justmann, Stackis. Nays—None. Mrs. Mary Lee Marting ad- dressed the Council by stating that a movement is being started to have legislation changed at the State level to deal with the obscen- ity law, by reducing the age to 17, whereby obscenity will be legal- ized. She also is interested in pro- motingthTh oh Law"tofree work of"Citizens or Decency cency g Amrica from the grip of the Com- mercial Pornographers. Mayor Thoms moved that the packet be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas .— Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Coun- Lundh, December 5, 1974 Honorable Mayor and Members of the City Council I have approved the following sidewalk constructionbona dsame de- sire to have yourapproval for filing. Richard Anthony d/b/a Anthony Construction Co., U. S. Fidelity Special Session, December 9, 1974 591 easterly along the south side of such restraint to be made applica- West Fifth Street to its intersec- ble in all neighborhoods of histor- tion with Bluff Street, which is '.. Mal or architectural significance. the point of beginning", and fur- An ordinance, by the revised don will ais ther requiring a Ninety (90) day waiting period prior to the issu- meeting of December 18, 1974, ance of a demolition permit for and we anticipate that a public any building located within such aforementioned area, having been previously read at the meeting of October 14, 1974, presented. Coun- cilman Lundh moved that the Pro- posed Interim Ordinance be NULL AND VOID. Seconded by Council- man Brady. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 6, 1974 Honorable Mayor and Councilmen City Hall The City of Dubuque Planning and Zoning Commission has held a public hearing on an interim form of historical preservation or- dinance which proposed to regu- late exterior alterations and de- molition of structures in the West Fourth Street Neighborhood. Prior to its public hearing, the Commission staff had met with representatives of the neighbor- hood. Notice of the ordinance and public hearing had also been sent to all owners of property within the area of application of the or- dinance. hearing would follow in January. A copy of this revised ordinance is attached for your information. We request that the Council with- hold action on it pending comple- tion of efforts by the Planning and Zoning Commission. CITY PLANNING AND ZONING COMMISSION Daniel Dittemore Development Planner Mayor Thoms moved that the communication be received and filed and referred to the Council. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. The record of public hearing re- marks has been transmitted to you in the Commission minutes of No- vember 20, 1974. Those remarks revealed a consensus within the neighborhood that the restriction on exterior modification was too broad to gain acceptance by prop- erty owners, and that a more uit- to able and effective approach preservation should also include other neighborhoods containing concentrations of historically or architecturally significant struc- tures. In response to this view, the Commission voted unanimously to recommend that you reject the in- terim historical preservation ordi- nance in its present form. The Commission has so instructed a revised form sof ts taff to prepare ordinance to contain only the re- straint on building demolition with Proof of Publication, certified to by the Publisher, of Notice of Pub- lic Hearing to consider amending the Traffic Ordinance by enacting a new subsection 95 to Schedule VI to prohibit parking on the north side of Ungs Street from Clarke to Hoyt Street, presented and read. No written objections were filed. Mr. William Olson voiced objection as to prohibiting parking on the north side of Ungs Street. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. AN ORDINANCE Amending Or- dinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, by enacting a new Subsection 95 to Schedule VI there- of to prohibit parking of motor ve- hicles on the North side of Ungs Street from Clarke Drive to Hoyt Street, said Ordinance having been previously read at the meeting of November 25, 1974, presented and read. Mayor Thoms moved that the ordinance be referred to the City Manager for investigation and re- port. Seconded by Councilman Lundh. Carried by the following vote: 592 Special Session, December 9, 1974 Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Thompson's Food Markets Inc., requesting transfer of Beer License from 2119 Rhom- berg Ave. to 1101 Rhomberg Ave., presented and read. Mayor Thoms moved that the request be ap- proved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Nelson M. Norwood Sr., requesting a refund of $150 on the unexpired portion of Class "B" Beer Permit #B-1198, presented and read. Mayor Thorns moved that the refund be granted and the City Auditor be directed to issue prop- er warrant. Seconded by Council- men Lundh. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, "Lundh, Stackis. Nays—None. RESOLUTION NO. 420.74 Authorizing an Extension of the Advertising Period for Receipt of Proposals for the Develop- ment of Privately Owned Hous- ing. WHEREAS, under date of No- vember 4, 1974, the City Council of the City of Dubuque adopted Resolution No. 375-74 authorizing the receipt of proposals for the development of privately owned housing pursuant to Section 23 of the U.S. Housing Act of 1937, as amended; and WHEREAS, pursuant to said res- olution, an Invitation for Propos- als was published in The Tele- graph Herald, on November 7, 1974, and November 14, 1974, re- quiring that proposals be received no later than December 13, 1974; and WHEREAS, in response to such invitation Developer's Packets have been provided to certain de- velopers; and WHEREAS, it appears to be in the best interest of the City of Du- buque in order to provide adequate time to prepare and to solicit ad- ditional proposals to extend the time in which all proposals shall be submitted to the City of Du- buque; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: SECTION 1. That the time by which all proposals are to be sub- mitted pursuant to the Invitation for Proposals for the development of privately owned housing in ac- cordance with the regulations of the U.5. Department of Housing and Urban Development is hereby extended to 10:00 o'clock AM, CST, December 30, 1974. SECTION' 2. That the Director of the Department of Community Development is hereby authorized and directed to publish notice of the extension of time and to per- sonally advise with written con- firmation all developers who have obtained a Developer's Packet. Passed, approved, and adopted this 9th day of December, 1974. Allan T. Thorns Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Lundh, Stackis. Nays — Councilmen Brady, Just - mann. November 25, 1974 To the Honorable Mayor and City Council The 1973 Concrete Sidewalk Pro- gram has been completed sub- stantially in accordance with plans and specifications by Ray McDon- ald Construction of East Dubuque, Illinois. Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nay.. None. Special Session, December 9, 1974 593 FINAL ESTIMATE RESOLUTION NO. 421-74 WHEREAS, the contract for the 1973 Concrete Sidewalk Program has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $24,626.31. That $8,669.22 of the cost there- of shall be assessable upon private .09 shall be property aidfromafhe Street Fund of the City of Dubuque. Passed, adopted and approved this 9th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 422-74 WHEREAS, the contract for the 1973 Concrete Sidewalk Program has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate - subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 9th day of December, 1974. Approved: Allan T. Thorns 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. November 29, 1974 Honorable Mayor and City Council This is to advise you that the improvement of Tenth Street from Locust to Bluff, and the intersec- tion of Ninth and Bluff, TOPICS Project No. T-735-7(2) 84 31, Con- tract No. 2, has been substantially completed in accordance with the City of Dubuque plans and speci- fications. I, therefore, recommend the ac- ceptance of the above-named proj- ect. Gilbert D. Cbavenelle City Manager Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: 594 Special Session, December 9, 1974 Yeas — Mayor Thoms, Council- men Lundh, Stackis. Nays --councilmen Brady, Just - mann. Paving and Buildings Removal has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Funds. Passed, adopted and approved this 9th day of December 1974. Approved: Allan T. Thoms Mayor Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Lundh, Stackis. Nays—Councilmen Brady, Just - mann. December 2, 1974 To the Honorable Mayor and City Council This is to advise you that the City of Dubuque 1974 Concrete n" Paving with Integral Curb Project l- No. 2 has been substantially com- pleted in accordance with the City 1- of Dubuque plans and specifica- tions. t- I therefore recommend the ac- ceptance of the above named proj- ect. Gilbert D. Chavenelle City Manager Final Estimate RESOLUTION NO. 423-74 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1, Tenth Street from Locust Street t e Inter- section of Ninth and luff Sets. Contract No. 2 P.C. Concrete Paving and Buildings Removal has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $50,179.86 Cont., $5,361.71 Eng. ($55,541.03). That none of the cost thereof shall be assessable upon private property and $55,541.03 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 9th day AllaDecember 74 T. Thorns Mayor Emil Stackis Alvin E. Lundh Cocilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman ou cilman Lundh. Carried by the fol- lowing in lowing vote: Yeas — Mayor Thorns, Council- men ounci men Lundh, Stackis. Nays—Councilmen Brady, Just- mann. us mann. (A Resolution Accepting Improvement) RESOLUTION NO. 424-74 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 1. Tenth Street from Locust Street to Bluff Street and Intersec- tion Contracttnth ct No.and 2 P.C.Bluff Streets. Concrete Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Lundh, Stackis. Nays --Councilman Justmann. Special Session, December 9, 1974 595 Final Estimate RESOLUTION NO. 425-74 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 2, Ninth Street from Eighth Street to Hill Street and Univer- sity Avenue Intersection Recon- struction has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,599.16 rockwall, $127,341.42 const., $12.376.39 eng. That none of the cost thereof shall be assessable upon private property and $145,316.97 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 9th day of December 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- men Brady, Lundh, Stackis. Nays—Councilman Justmann. (A Resolution Accepting Improvement) RESOLUTION NO. 426-74 WHEREAS, the contract for the City of Dubuque 1974 Concrete Paving with Integral Curb Project No. 2, Ninth Street from Eighth Street to Hill Street and Univer- sity Avenue Intersection Recon- struction has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from Road Use Tax Funds. Passed, adopted and approved this 9th day of December, 1974. Allan T. Thorns 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 Thorns, Council- men Brady, Lundh, Stackis. Nays—Councilman Justmann. - December 6, 1974 Honorable Mayor and City Council The matter of the Resolution pertaining to the attendance by members at meetings of Boards and Commissions as proposed and submitted by the City of Dubuque Advisory Commission was referred to the City Attorney, and I have examined same and have prepared same in a form usually submitted to the City '.Council, and I direct your attention that small minor changes have been made in the in- terest of clarity. In all other re- spects, there are no other changes in the tendered Resolution as re- turned and submitted by the said Commission. R. N. Russo City Attorney Mayor Thorns moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 427-74 WHEREAS, the existence of Boards and Commissions of the City of Dubuque exist pursuant to Iowa Law and for the purpose of broadening Citizen participation in this government; and 598 Special Session, December 9, 1974 WHEREAS, the attendance of members of Boards and Commis- sions at their respective meeting is a requirement if the purposes of said Boards and Commissions are to be fulfilled. WHEREAS, there should be a uniform policy concerning attend- ance requirements at such Board and Commission meetings. THEREFORE. BE TP RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That all members of Boards and Commissions must at- tend 66%% of all regularly sched- uled and held meetings within any 12 month period, and if said member does not attend 6634% of all regularly scheduled and held meetings, it shall constitute grounds after hearing by said Board or Commission, to recom- mend to the City Council that said member be replaced. Section 2: That the City Clerk is hereby directed to forward a true, certified copy hereof to each Board and Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 9th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councihnan Lundh moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Councilmen Brady, Just - mann, Lundh, Staelds. Nays — Mayor Thorns. RESOLUTION NO. 42874 WHEREAS, the lease agreement by and between the City of Du- buque and C. W. Enterprises. Inc. is to be assiened and transferred to the Right -of -Way Department of the Iowa State Highway Com- mission, and such assignment should be approved. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the agreement for revocable per- mit by and between the City of Dubuque and C. W. Enterprises, Inc. for use of parcel of real es- tate abutting 13. S. Highway No. 20 on Dodge Street, being 20 feet wide and 562.92 feet in length is hereby assigned to the Right-af- Way Department of the Iowa State Highway Commission acting for the State of Iowa, and that the Ma- yor and City Clerk be and they are hereby authorized and empow- ered to execute such assignment of interest. Passed, approved and adopted this 9th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stack's Abrin E. Lundh Councilmen Attest Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 429.74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be ap- proved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSES Beverly A. Glynn, The Barrell, 1121 University Avenue Shirley Mihalakis, Airport Inn, 574 East 16th Street David A. Parochetti, Dave's Point After, 2600 Dodge Street Passed, adopted and approved this 9th day of December 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Special Session, December 9, 1974 597 Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 430-74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed prover bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Beverly A. Glynn, The Barrell, 1121 University Avenue Shirley Mihalakis, Airport Inn, 574 East 16th Street David A. Parochetti, Dave's Point After, 2600 Dodge Street Passed, adopted and approved this 9th day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Lundh moved adop- tion of the resolution. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of City Attorney submitting a proposed form of Or- dinance and recommending adop- tion of same, in the matter of ap- plication of My -Cap Vendors re- questing reclassification of certain real estate at E. 32nd Street, pre- sented and read. Councilman Stackis moved that the communi- cation be referred to the Planning & Zoning Commission. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. The matter of Thomas Gibbs permit was again discussed at great length after which time Councilman Justmann moved to go on to other business. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. There being no further business Councilman Stackis moved to ad- journ. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Leo F. Frommelt City Clerk Approved 1975. Adopted 1975. Mayor Councilmen Attest City Clerk 598 Special Session, December 12, 1974 CITY COUNCIL OFFICIAL Special Session, December 12, 1974. Council met at 1:00 P.M. (C.S.T.) Present - Mayor Thoms, Coun- cilmen Justmann, Lundh, Stackis. City Manager Gilbert D. Chave- nelle. Absent -Councilman Brady. Mayor Thoms read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING ADOPTION OF RESO- LUTIONS FOR THE ISSUANCE AND SALE OF $2,000,000 SEWER BONDS and acting upon such oth- er business as may properly come before a regular meeting of the Council. Proof of Publication, certified to by the Publisher, of Notice of meeting for the issuance of Sewer Bonds in the amount of $2,000,000. presented and read. Mayor Thoms moved that the proof of publica- tion be received and filed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays -None. Absent -Councilman Brady. Proof of Publication, certified to by the Publisher, of Official Notice of sale of $2,000,000 City of Dubuque Sewer bonds, present- ed and read. Mayor Thoms moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays -None. Absent -Councilman Brady. Mayor Thoms called for open or oral bids and receiving none, moved that oral bidding be closed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays -None. Absent -Councilman Brady. Councilman Justmann moved that the sealed bids received be opened and read. Seconded by Ma- yor Thoms. Carried by the follow- ing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays -None. Absent -Councilman Brady. The following sealed bids were received: Investment Rating: Moody's Investors Service, Inc.... Aaa $2,000,000 CITY OF DUBUQUE, IOWA General Obligation Sewer Bonds Date of Sale: December 12, 1974 BIDDERS Continental Illinois National Bank and Trust Company of Chi- cago, Chicago, Manager First Mid America, Inc., Omaha. AWARDED. Price 100.0001; Coupon Rates 1976 5.20%, 1977 5.40%, 1978-82 5.00%, 1983-85 5.20%; Net Interest 5.1166%, $605,465. Carleton D. Beh Co., Des Moines. Price 100.0017; Coupon Rates 1976- 81 5.20%, 1982-83 5.10%•, 1984 5.20%, 1985 5.40%; Net Interest 5.2081%, $616,300. Harris Trust and Savings Bank, Chicago, Manager Iowa -Des Moines National Bank, Des Moines, Beck- er & Cownie, Inc., Des Moines. Price 100.0017; Coupon Rates 1976- 79 5.40%, 1980-83 5.10%, 1984 5.20%, 1985 5.40%; Net Interest 5.2276%, $618,600. The First National Bank of Chi- cago, Manager LaSalle National Bank, Chicago, William Blair & Company, Chicago, Piper, Jaffray & Hopwood, Inc., Minneapolis, Blair A. Phillips Co., Inc., Daven- port. Price 100.0002; Coupon Rates 1976-77 5.40%, 1978-83 5.20%, 1984 5.30%, 1985 5.40%; Net Interest 5.26405%, $622,913. The Northern Trust Company, Chicago, Manager, VanKampen, Wauterlek & Brown, Inc., Chicago, Dain, Kalman & Quail, Inc., Daven- port, Shaw, McDermott & Co., Des Moines, Central National Bank and Trust Co., Des Moines. Price 100.0029; Coupon Rates 1976-83 51/4%, 1984 5.30%, 1985 5.40%; Net Interest 5.2838. $625,258. RESOLUTION NO. 431-74 RESOLUTION providing for the sale and award of $2,000,000 Sewer Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $2,000,000 Sewer Bonds of the City Special Session, December 12, 1974 599 of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the pro- visions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a newspaper published in Du- buque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by none, con- sisting of par and accrued interest plus a premium of $ NONE, with the bonds to bear interest at the following rates per annum: Year of Interest Maturity Rate 1976 to 1985 NONE and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by Continental Illinois National Bank and Trust Company of Chicago consisting of par and accrued interest plus a premium of $2.00, with the bonds to bear interest at the following rates per annum: Year of Interest Maturity Rate 1976 5.20% 1977 5.40% 1978 5.00% 1979 5.00% 1980 5.00% 1981 5.00% 1982 5.00% 1983 5.20% 1984 5.20% 1985 5.20% NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being duly advised in the premises it is here- by determined that the bid of Con- tinental Illinois National Bank and Trust Company of Chicago for the purchase of $2,000,000 Sewer Bonds of said City, dated December 1, 1974, as advertised, bearing inter- est at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Continen- tal Illinois Natinal Bank and Trust Company of Chicago. Section 2. That the form of agreement of sale of said bonds be and the same is hereby ap- proved, and the Mayor, City Clerk and City Treasurer are hereby au- thorized to accept and execute the same for and on behalf of the City of Dubuque, Iowa, and to af- fix the corporate seal of said City thereto. Section 3. That all resolutions or part of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved December 12, 1974. Allan T. Thoms Mayor Attest: Leo F. Frommelt City Clerk Recorded December 12, 1974. Leo F. Frommelt City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays -None. Absent -Councilman Brady. Councilman Justmann moved that all bidding be closed. Second- ed by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stack's. Nays -None. Absent -Councilman Brady. Councilman Justmann moved that all bid checks of deposit be returned to the unsuccessful bid- ders. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays -None. Absent -Councilman Brady. RESOLUTION NO. 432-74 A RESOLUTION initiating pro- ceedings for the issuance of 52,000,000 Sewer Bonds. WHEREAS the City of Dubuque, in the County of Dubuque, State of Iowa, heretofore, pursuant to and in strict compliance with all laws applicable, lawfully ordered and provided for building and con- structing sewers and improving the sewer outlet and purifying plant in and for said City, the cost where- of to the amount of Two Million Dollars ($2,000,000) is to 'be paid 600 Special Session, December 12, 1974 by said City as a whole by the is- suance of bonds; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds at this time and notice and hearing on the initiation of proceedings for the issuance of said bonds has heretofore been given in manner and form required by Sections 23.12 and 408A.1 of the Code of Iowa, 1973, as amended, and no petition or protest against the is- suance of said bonds has been filed or made and no petition has been filed requesting that the pro- position of issuing said bonds be submitted at an election; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the City Clerk be and he is hereby authorized and directed to arrange for the prepa- ration of a form of ordinance au- thorizing the issuance of $2,000,000 Sewer Bonds of said City and pro- viding for the levy of taxes to pay the same. Section 2. That this hearing be adjourned to the 23rd day of De- cember, 1974, at the Council Cham- bers in the City Hall at 7:30 o'clock P.M., at which time the or- dinance referred to in the preced- ing section hereof will be brought up for consideration by this Coun- cil. Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved December 12, 1974. Allan T. Thorns Mayor Attest: Leo F. Frommelt City Clerk Recorded December 12, 1974. Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays—None. Absent—Councilman Brady. There being no further business Mayor Thoms moved to adjourn this meeting to December 23, 1974. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays—None. Absent—Councilman Brady. Leo F. Frommelt City Clerk Approved 1975. Adopted 1975. Mayor Councilmen Attest: City Clerk Special Session, December 16, 1974 601 CITY COUNCIL OFFICIAL Special Session, December 16, 1974. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. City Manager Gilbert D. Chayenelle. Mayor Thoms read the call and stated that service thereof had been duly made and this Meeting is called FOR THE PURPOSE OF APPROVING SCHEDULE OF AS- SESSMENTS TO PAY FOR COST OF CONSTRUCTING CENTURY DRJVE-BIES DRIVE 8" SANITARY SEWER and acting upon such oth- er business as may properly come before a regular meeting of the Council. Communication of Gerald J. Kop- pes, Admr. Ass't., submitting New View Governing Board Annual re- port, presented and read. Council- man Lundh moved that the com- munication be received and filed. Seconded by Mayor Thorns. Car- ried by the following vote: Yeas — Mayor Timms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque County Conservation Society advis- ing of the development and main- tenance of Riverview Park at the northern end of the Industrial Is- Iand by their group and expressing an interest to have a representa- tive on a proposed committee to study the future use of City Is- land, presented and read. Council- man Justmann moved that the communication be received and filed and a copy of the communi- cation be sent to the Chairman of the Dock Board. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Dubuque Dock Commission recommending steps be takento encourage the Du- buque Marina Inc. to have sewer service installed, presented and read. Councilman Justmann moved that the communication be re- ceived and filed and referred to the City Manager for report for meeting with Staff and Dock Board for development of an Ordinance. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Department of Community Development re- questing that the Jaycees be per- mitted to present the design of the symbol judged to be the most appropriate by which to identify Dubuque celebration of the Bicen- tennial, presented and read. Coun- cilman Stackis moved to suspend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Robert P. "Buzz" Bisons, of Du- buque Jaycees, addressed the Council and presented Jim Mc- Mahon as the winner of the Bicen- tennial Symbol Contest. Councilman Stackis moved that the communication of Department of Community Development be re- ceived and filed. Seconded by Ma- yor Thorns. Carried by the follow- ing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 433.74 Adopting the Dubuque Bicentennial Logo WHEREAS, the City of Dubuque, the oldest city in the State of Iowa, was the first city in the state to be designated as a Bicentennial City by the American Revolution Bicentennial Administration; and WHEREAS, units of local gov- ernment, businesses, institutions and organizations are cooperative- ly promoting a local observance of the 200th anniversary of the found- ing of the United States of Amer- ica; and WHEREAS, under date of Octo- ber 28, 1974, the City Council of the City of Dubuque adopted Reso- lution No. 368-74 which endorsed an open competition sponsored by 602 Special Session, December 16, 1974 the Dubuque Jaycees to secure a distinctive symbol to identify local bicentennial -related activities and programs; and WHEREAS, under date of De- cember 11, 1974, a jury comprised of Dr. Walter Peterson, President of the University of Dubuque; Sis- ter Carmelle Zserdin, Clarke Col- lege; and Carl Johnson, a Galena artist, selected from among 34 en- tries submitted by 26 individuals, a design entered by James R. Mc- Mahon of Dubuque, Iowa, as the most appropriate symbol by which to identify Dubuque's celebration of the Bicentennial throughout the next two years; now therefore BE IT RESOLVED by the City Council of the City of Dubuque: SECTION 1. That the design sub- mitted by James R. McMahon of Dubuque, Iowa, as selected by the jury, is hereby adopted as the offi- cial Dubuque Bicentennial Logo. SECTION 2. That the City of Du- buque and other local units of government, businesses, institu- tions, organizations and individuals are encouraged to appropriately display and use the Dubuque Bi- centennial Logo. SECTION 3. That the City Clerk of the City of Dubuque is hereby directed to provide James R. Mc- Mahon a certified copy of this Resolution. Passed, approved, and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Councilman Justmann moved adoption of the resolution. Second- ed by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Bernice Hayes of 1243 Locust St. objecting to the opening of a XXX theatre on low- er Main Street, presented and read. Councilman Stackis moved that the communication be received and filed and referred to the State Legislators. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Mrs. Viola Yount of 1243 Locust St. objecting to the opening of a XXX theatre on lower Main St., presented and read. Councilman Stackis moved that the communication be re- ceived and filed and referred to the State Legislators. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Court Our Lady of Victory 351 objecting to XXX movie theatre and requesting City legislation to keep the movies out of the City, presented and read. Councilman Stackis moved that the communication be re- ceived and filed and referred to the State Legislators. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 11, 1974 Honorable Mayor and City Council In order to comply with our Rev- enue Bond Ordinances, I request your approval that the Certified Public Accounting Firm of O'Con- nor, Brooks and Company, be en- gaged to audit the transactions of the Water Utility, the Parking and Sewage Facilities Funds, for the fiscal period beginning January 1, 1974, through December 31, 1974. I further ask that the Auditor of State be requested to audit all other financial funds of the city, for the January 1, 1974, through December 31, 1974, period; and that the Auditor of State also be requested to conduct a complete audit of all financial transactions for the six month period beginning January 1, 1975, through June 30, 1975. A resolution relative to the Special Session, December 16, 1974 603 above request will be submitted to you after January 1, 1975. G. D. Chavenelle City Manager Councilman Stackis moved that the request be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Suit of William Thom- as demanding judgment in the amount of $1114.00, plus storage charges in the amount of $1.50 per day after December 3, 1974 for im- poundment of an automobile by the City on December 4, 1974, pre- sented and read. Councilman Just - mann moved that the Notice of claim be referred to the City At- torney for proper proceedings. Sec- onded by Councilman Stackis. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Claim of Mrs. Evelyn Wieland, in the amount of $1555.40, for personal injuries re- ceived in a fall at 7th Street in the shopping mall on December 15, 1972, presented and read. Coun- cilman Justmann moved that the Notice of claim be referred to the City Attorney for proper proceed- ings. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Claim of Earl G. Thompson, in the amount of $15.45, for car damage incurred as the result of driving into an open manhole at Jones & Locust Street on December 6, 1974, presented and read. Councilman Justmann moved that the Notice of claim be referred to the City Attorney for proper proceedings. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 69-74 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Subsec- tion C of Section 3 of Schedule 1 which required that vehicles shall travel westbound only on West Ninth St. from Locust St. to its westerly terminus and by repealing Subsection a. of Sec- tion 4 of Schedule I which re- quired that vehicles shall travel eastbound only on Locust Street, presented and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Mayor Thorns. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 69-74 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEALING SUB -SECTION C OF SECTION 3 OF SCHEDULE I WHICH REQUIRED THAT VEHICLES SHALL TRAVEL WEST -BOUND ONLY ON WEST NINTH ST. FROM LOCUST ST. TO ITS WESTERLY TERMINUS AND BY REPEALING SUB -SECTION a OF SEC- TION 4 OF SCHEDULE I WHICH RE- QUIRED THAT VEHICLES SHALL TRAVEL EAST -BOUND ONLY ON EIGHTH AVENUE FROM HILL STREET TO LOCUST STREET. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same is hereby amended by repealing Sub -Section C, of Section 3 of Schedule I and by repealing Sub -Section a. of Section 4 of Schedule I thereof and that the same be and is hereby repealed and of no further force or effect. 604 Special Session, December 16, 1974 Passed, approved and adopted this 16th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackh Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of De- cember 1974. Leo F. Frommelt City Clerk It. 12-19 Councilman Justmann moved final adoption of the Ordinance. Seeonded by Mayor Thorns. Car- ried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 70-74 An Ordinance Amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by adding a new Subsection 11 to Section D of Schedule X thereof to require westbound vehicles to yield right of way before entering the in- tersection of West Ninth Street and University Avenue, present- ed and read. Councilman Justmann moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Councilman Justmann moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Thorns. Carried by the follow- ing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None., ORDINANCE NO. 70-74 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ADDING A NEW SUBSECTION 11 TO SECTION D OF SCHEDULE X THEREOF TO REQUIRE WESTBOUND VEHICLES TO YIELD RIGHT OF WAY BEFORE ENTERING THE INTERSECTION OF WEST NINTH STREET AND UNIVER- SITY AVENUE. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Ordinance No. 33-49 as amended, known as the "Traffic Code of Dubuque, Iowa" be and the same is hereby amended by adding a new Sub Section 11 to Section D of Schedule X hereof as follows: "Schedule X D. Westbound vehicles must yield before entering the intersection of: 11. West Ninth and University Ave." Passed, approved and adopted this 16th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of De- cember, 1974. Leo F. Frommelt City Clerk It. 12-19. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thorns. Car- ried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Communication of Police Chief O'Brien recommending that no parking proposed for the north side of Hags Street from Clarke Dr. to Hoyt St. remain after trial runs by Police and Fire Equipment proved satisfactory, presented and read. Councilman Stackis moved that the communication be receiv- ed and filed. Seconded by Mayor Thorns. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 71.74 An Ordinance Amending Ordin- ance No. 33-49 known as the "Traffic Code of Dubuque, Iowa," as amended, by enacting a new Subsection 95 to Schedule VI thereof to prohibit parking of motor vehicles on the North side of Ungs Street from Clarke Drive to Hoyt Street, Special Session, December 16, 1974 605 presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thorns moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 71-74 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA", AS AMENDED BY ENACTING A NEW SUBSECTION 95 TO SCH- EDULE VI THEREOF TO PROHIBIT PARKING OF MOTOR VEHICLES ON THE NORTH SIDE OF UNGS STREET FROM CLARKE DRIVE TO HOYT STREET. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended be and the same is hereby amended by enacting a new sub- section 93 to Schedule VI thereof as follows: "Schedule VI 95. On the north side of Ungs Street from Clarke Drive to Hoyt Street." Passed, approved and adopted this 16th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundb Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of De- cember, 1974. Leo F. Frommelt City Clerk It. 12-19. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. December 12, 1974 To the Honorable Mayor and City Council Pursuant to your instructions the City Engineer has prepared the Ordinance, Resolution and Plat to vacate and deed a portion of Avoca Street to Harold B. and Dorothy Demkier as per agreement set forth at the public hearing on the 1973 City of Dubuque Sidewalk Program. It is my recommendation that the Ordinance and Resolution be passed and approved. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and fil- ed. Seconded by Councilman Stack - is. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 434-74 WHEREAS, there has been pre- sented to the City Council of the City of Dubuque, Iowa, a plat, dat- ed December 12, 1974, prepared by John L. White, professional engi- neer and land surveyor, covering a vacated part of Avoca Street, located West of the West property line of the East 28' of the West 50' of the West 100' of Lot 2 of Min- eral Lot 179, in the City of Du- buque, Iowa; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated December 12, 1974, prepared by John L. White, professional engi- neer and land surveyor, covering the real estate hereinabove de- scribed, be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute 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 certi- 606 Special Session, December 16, 1974 fied copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Alvin E. Lundh Emil Stackis Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Stackis. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE VACATING a portion of Avoca Street located west of west property line of the East 28' of the West 50' of the West 100' of Lot 2 of Mineral Lot 179, in the City of Dubuque, Iowa, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thorns 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 Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thorns moved that a pub- lic hearing be held on the Ordin- ance on January 13, 1975 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 72-74 An Ordinance Amending Ordin- ance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Section J. of Schedule II and enacting a new section J to Schedule II thereof to provide that Eighth Avenue be designated a through street from the West Property Line of Locust Street to the ex- tension of the East Line of Hill Street, presented and read. Councilman Justmann moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Councilman Justmann moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by May- or Thorns. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 72.74 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY REPEAL- ING SECTION J. OF SCHEDULE D AND ENACTING A NEW SECTION J TO SCHEDULE II THEREOF TO PROVIDE THAT EIGHTH AVENUE BE DESIGNATED A THROUGH STREET FROM THE WEST PROP- ERTY LINE OF LOCUST STREET TO THE EXTENSION OF THE EAST LINE OF HILL STREET. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same is hereby amended by repealing Section J. of Schedule II and enacting a new Section J. to Schedule II thereof as follows: "Schedule 11 J. Eighth Ave. from the west property line of Locust Street to the exten- sion of the east line of Hill St." Special Session, December 16, 1974 607 Passed, approved and adopted this 16th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald newspaper this 19th day of De- cember, 1974. Leo F. Frommelt City Clerk It. 12-19. Councilman Justmann moved final adoption of the Ordinance. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. December 13, 1974 To the Honorable Mayor and City Council Attached are four proposed ordin- ances relating to the Building Code we are submitting to you for your evaluation and adoption. We are recommending adoption of the Uniform Building Code, published by the International Conference of Building Officials, copyright 1973. As a companion code to the Uniform Building Code we are recommending the adoption of the Uniform Fire Code, 1973 Ed- ition. This Uniform Fire Code ref- erences the Uniform Building Code and in order for our Uniform Fire Code to be consistent with the Uniform Code it is necessary that this ordinance be adopted. In the Uniform Code reference is made to fire zones in the City. The ordinance we are proposing would establish three zones. Zone #1 would be essentially the same as our present fire limits. Zone #2 would be basically the area east of the Burlington tracks from Third Street to the west bank of the Mis- sissippi River then north on the west bank of the Mississippi River to the extension of Kerper Boule- vard, then south on Kerper Boule- vard to 16th Street and west on 16th Street to the Burlington tracks. Zone #3 would be all other areas of the City not specifically identified in Zone #1 and Zone #2. The fourth ordinance would be a sign ordinance that will replace the present sign ordinance as it is in- corporated in the existing Building Code. The substance of this new ordinance has not been changed from the existing ordinance but since we are repealing the Build- ing Code, it is necessary for us to establish a new ordinance for the installation and maintenance of signs. Attached is an example of the rates under the present fee sched- ule and rates under the proposed fee schedule. Presently our rev- enue from building permits is about $25,000 annually and we would expect this to increase to $34-35,000 under the new schedule. Present annual budget for the op- eration of the building inspection section of the Building Department is $50,678. We would respectfully request your adoption of these four ordin- ances. Francis A. Murray Assistant City Manager Mayor Thoms moved that the communication be received and fil- ed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE revising and re-establishing a Building Code for the City of Dubuque, Iowa, creating the office of Building Official, reg- ulating the construction, altera- tion, reconstruction, removal, main- tenance, use, equipment and in- spection of buildings and struc- tures within the City of Dubuque, Iowa; and fixing fees for such in- spection and providing for penal- ties for violation of said Ordin- ance, presented and read. Mayor Thorns moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. Mayor Thorns moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman 608 Special Session, December 16, 1974 Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that a pub- lic hearing be held on the Ordin- ance on January 20, 1975, at 7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law, and a copy of Ordinance be sent to Build- ing Code Committee, Building Trad- es, Employers Assn., and Home builders Assn. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE amending Ord- inance No. 59-70, commonly known as "The Fire Prevention Code For The City of Dubuque, Iowa" by re- pealing Section 1 thereof and en- acting a new Section I in lieu thereof to provide that the City Council adopt the Fire Prevention Code recommended by the Western Fire Chiefs Association and the In- ternational Conference of Building Officials being particularly the 1973 edition thereof, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thorns moved that a pub- lic hearing be held on the Ordin- ance on January 20, 1975, at 7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law, and a copy of Ordinance be sent to Build- ing Code Committee, Building Trades, Employers Assn., and Homebuilders Assn. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis Nays — None. AN ORDINANCE creating and establishing Fire Zones in the City of Dubuque, Iowa, for the purpose of the protection of closely built commercial districts against the hazards of fire spreading from building to building, by supple- mentary restrictions on the con- struction permitted within such limits, presented and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that a pub- lic hearing be held on the Ordin- ance on January 20, 1975 at '7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law, and a copy of Ordinance be sent to Building Code Committee, Building Trades, Employers Assn., and Homebuilders Assn. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. AN ORDINANCE regulating the erecting, maintaining, repairing, servicing, installing, altering and inspection of signs within the City of Dubuque, Iowa; and providing for fees for such inspection and providing for licensing of contract - Special Session, December 16, 1974 609 ors, bonding for signs and penal- ties for violation of said Ordinance, presented and read. Mayor Thorns moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that a pub- lic bearing be held on the Ordin- ance on January 20, 1975, at 7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law, and a copy of Ordinance be sent to Build- ing Code Committee, Building ing Trades, Employers Assn., and Homebuilders Assn. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 73-74 An Ordinance Amending Ordin- ance No. 3965 known as the Parking Meter Lot Ordinance of Dubuque, Iowa, by repealing Sec- tion 5, Section SA, 5A.1 and SA.2 and enacting a New Section 5, 5A, SA.1 and SA.2 in lieu there of to establish number and loca- tion of municipal owned parking lots and to establish time and parking meter fee respectively, presented and read. Mayor Thorns moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. ORDINANCE NO. 73-74 AN ORDINANCE AMENDING OR- DINANCE NO. 39-65 KNOWN AS THE PARKING METER LOT ORDINANCE OF DUBUQUE, IOWA, BY REPEALING SECEION 5, SECTION 5A, 5A.1 AND 5A.2, AND ENACTING A NEW SEC- TION S, SA, SA.1 AND 5A.2 IN LIEU THEREOF TO ESTABLISH NUMBER AND LOCATION OF MUNICIPAL OWNED PARKING LOTS AND TO ESTABLISH TIME AND PARKING METER FEE RESPECTIVELY. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Ordinance No. 39-65 known as the "Parking Meter Lot Ordi- nance" of Dubuque, Iowa, be and the same is hereby amended by repealing Sec- tion 5, SA, SA.1 and SA.2 and enacting a new Section 5, SA, SA.1 and SA.2 in lieu thereof as follows: "Section 5 That the various municipally owned Parking Lots in the City of Du- buque shall be designated numerically as follows: Lot No. 1: The lot situated between Ninth & Tenth Streets and Iowa Streets & Central Avenue. Lot No. 2: The lot situated at the northwest corner of Ninth & Bluff Streets and running parallel to Ninth Street. Lot No. 3: The lot situated at the northwest corner of Fifth & Bluff Streets. Lot No. 4: The lot situated at the southwest corner of Fourth & Iowa Streets. Lot No. 5: The lot situated on the middle 1-5 of Out Lot 448 in the City of Dubuque. Lot No. 6: The lot situated on the southwest corner of Eleventh & Bluff Streets. Lot No. 7: The lot situated on the northwest corner of Fourth & White Streets. Lot No. 8: The lot situated on the southeast corner of Tenth & Bluff Streets. Section SA Parking Meters on munici- pally owned parking lots, when installed and properly operated shall show legal parking upon and after the deposit of the United States Coin, in accordance with the following schedule: 1. Parking lots Nos. 1, 2, 3, 4, 5, 6, and 7, such meters shall show legal park- ing for one hour upon the deposit of each five cent coin, two hours upon the deposit of each ten cent coin, and five hours upon the deposit of one twenty-five cent coin, but not more than a total of ten hours at any one time. The maximum 610 Special Session, December 16, 1974 legal parking time limit for any one vehicle at any one time shall be ten hours. 2. On Parking Lot No. 8 such meter shall show legal parking for thirty minutes upon the deposit of each five cent coin, one hour upon the deposit of each ten cent coin, and two hours and thirty minutes upon the deposit of one twenty- five cent coin, but not more than a total of ten hours at any one time. The maximum legal parking time limit for any one vehicle at any one time shall be ten hours." Passed, approved, and adopted this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 19th day of De- cember, 1974. Leo F. Frommelt City Clerk It. 12-19. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Petition of Curtis Straub Co. re- questing permission to excavate in the street at 2286 Central Avenue, presented and read. Councilman Justmann moved that the request be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Verbal request of General Fran- cis Kelly, relative to the possible acquisition of land in the 4th Street Peninsula Area, presented for discussion. General Kelly ad- dressed the Council requesting ap- proximately 7 acres in area for new National Guard Armory. The submitted proposed building would be 24,000 sq. ft. with building cost at $913,000. and stating airport area is ruled out. John Herrig of Realtor's Assn. requested to keep the building within the City Lim- its. Councilman Justmann moved that the request be referred to the City Manager, Planning & Zon- ing Commission and Dock Commis- sion for investigation and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Petition of Joseph L. Diener re- questing a refund in the amount of $422.50 on the unexpired portion of Beer -Liquor License No. C-5236, as he discontinued business on November 13, 1974, presented and read. Councilman Justmann moved that the refund be granted and the City Auditor directed to issue prop- er warrant. Seconded by Council- man Stackis. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Petition of Joseph L. Diener, re- questing a refund in the amount of $50. on the unexpired portion of Cigarette License No. 508, as he discontinued business on Novem- ber 13, 1974, presented and read. Mayor Thoms moved that the re- fund be granted and the City Aud- itor directed to issue proper war- rant. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Petition of Leonard Jack Crane requesting a refund in the amount of $211.25 on the unexpired por- tion of Beer -Liquor License No. C- 5185, as he discontinued business on November 19, 1974, presented and read. Councilman Justmann 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. December 6, 1974 To the Honorable Mayor and City Council I would like to submit the en- closed corrected Final Estimate which shows a corrected sewer as- sessment of $5,500. Special Session, December 16, 1974 611 The sewer in Kebbie Drive was eliminated from the construction plan at the owners request which reduced the owners assessment by $5,500. The lots removed from the as- sessment do not abut the construct- ed sewer as shown on the accom- panying plat, they include Lot 3, Lot 6, and Lot 7 in Block 3 C. J. Bies Subdivision and Lot 6, and Lot 7 in Block 2 C. J. Bies Subdi- vision plus a portion of Lot 3 in Block 2 C. J. Bies Subdivision and therefore cannot be assessed. John L. White, P.E. City Engineer Mayor Thorns moved that the communication be received and fil- ed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. CORRECTED FINAL ESTIMATE RESOLUTION NO. 435.74 WHEREAS, the contract for the construction of Century Drive - Bies Drive Sanitary Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, in- spection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $55,260.05. That $47,675.05 of the cost there- of shall be assessable upon private property and $7,585.00 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 16th day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis Nays — None. Proof of Publication, certified to by the Publisher, of Notice of Levy of special assessment and intention of the Council to issue bonds in the amount of $47,675.05 to pay for cost of construction of Century Drive-Bies Drive 8" Sanitary Sew- er, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Thoms mov- ed that the proof of publication be received and filed. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Statement of City Clerk, certify- ing that notices of levywere mail- ed by certified mail to property owners of record subject to pay for cost of constructing Century Drive-Bies Drive Sanitary Sewer, on November 21, 1974, presented and read. Mayor Thorns moved that the statement be received and fil- ed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Statement of Stephen H. Ruddy, a member of the engineering staff, certifying that notices of levy of assessment were posted in the as- sessable area in the Century Drive- Bies Drive Sanitary Sewer on De- cember 10, 1974, presented and read. Mayor Thorns moved that the statement be received and filed. Seconded by Councilman Just - mann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 436-74 SCHEDULE OF ASSESSMENTS Resolved by the City Council of the City of Dubuque, Iowa: That to pay for constructing Century Drive & Bies Drive 8" Sanitary Sewer by Tschiggfrie Excavating, contractor in front of and adjoining the same, 612 Special Session, December 16, 1974 a special tax be and is hereby lev- ied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: Century Drive and Bies Drive Sanitary Sewer The First National Bank of Mason City, Lot 2, Clin Que Inc. No. 2 Add. $1,516.25 Donovan D. & Kathryn A. Peterson, Lot 3, Clin Que Inc. No. 2 Add. $1,677.17 Leo & Jean Plotz, Lot S. Bal. 4, Clin Que Inc. No. 2 Add. $1,006.81 Thomas A. & Rita J. Luksetich, Lot N. 30'-4, Clin Que Inc. No. 2 Add. $329.52 Thomas A. & Rita J. Luksetich, Lot S. 20'-5, Clin Que Inc. No. 2 Add. $219.68 Holiday Oil Distributing, Inc., Lot N. 80'-5, Clin Que Inc. No. 2 Add. $878.73 Holiday Oil Distributing, Inc., Lot S. 28'-6, Clin Que Inc. No. 2 Add. ..- $307.56 Thomas A. Luksetich cont: Goliath, Inc., Lot N. 72'-6, Clin Que Inc. No. 2 Add. $790.86 Thomas A. Luksetich cont: Goliath, Inc., Lot S. 76'-7, Clin Que Inc. No. 2 Md............_$834.79 Charles R. Skemp, Lot N. 24'-7, Clin Que Inc. No. 2 Add$263.62 Charles R. Skemp, Lot 8, Clin Que Inc. No. 2 Add. $1,098.41 Charles R. Skemp, Lot S. 20'-9, Clin Que Inc. No. 2 Add. $219.68 Donald & Ethel Ohmert, Lot N. 80'- 9, Clin Que Inc. No. 2 Add. $878.73 Donald & Ethel Ohmert, Lot S. 20'- 10, Clin Que Inc. No. 2 Add. $219.68 Donald & Ethel Ohmert, Lot N. 42'- S. 62'-10, Clin Que Inc. No, 2 Add. $461.34 Donald & Ethel Ohmert, Lot N. 38'- 10, Clin Que Inc. No. 2 Add. $417.40 Donald & Ethel Ohmert, Lot S. 62'- 11, Clin Que Inc. No. 2 Add. $881.02 Richard V. Hansel cont: #568 Fraternal Order of Eagles, Lot N. 38'-11, Clin Que Inc. No. 2 Add. $417.40 Eagles Building Association, Lot 12, Clin Que Inc. No. 2 Add. $1,120.38 Marco's Inc., Lot 1-1-2-1-2, Clin Que Inc. Add. $1,545.80 Marco's Inc., Lot 1-2-2-1-1, Clin Que Inc. Add. $2,316.55 Russel L. Rafoth und. '/z Thomas A. Luksetich und. '/z cont: J. A. Borg; Robert Van Iten & James Elliot, Lot 1-1-1-2, Clin Que Inc. Add. $6,739.20 Frank & Dorothy Miller und & Delbert & Joan Miller und 3i, Lot 2, Slyvan Place $5,438.79 Frank & Dorothy Miller und. 'fe & Delbert & Joan Miller und. l , Lot 3, Slyvan Place $1,599.40 Thomas N. & Maureen K. McCar- thy, Lot 1, Block 3 C. J. Bies Sub. $1,010.54 Roger F. Klauer, Lot 2, Block 3 C. J. Bies Sub $1,010.54 Roger F. Klauer, Lot 3, Block 3 C. J. Bies Sub $0.00 James J. & Irma J. Hess, Lot 4, Block 3 C. J. Bies Sub. _41,01(154 Roger F. Klauer, Lot 5, Block 3 C. J. Bies Sub. ................$1,010.54 Roger F. Klauer, Lot 6, Block 3 C. J. Bies Sub $0.00 Roger F. Klauer, Lot 7, Block 3 C. J. Bies Sub. $0.00 Roger F. Klauer, Lot 8, Block 3 C. J. Bies Sub. $1,037.78 Roger F. Klauer, Lot 9, Block 3 C. J. Bies Sub. ......._..$1,010.54 Roger F. Klauer, Lot 10, Block 3 C. J. Bies Sub. $1,010.54 Raymond G. Miehe, Jr. survivor, Lot 11, Block 3 C. J. Bies Sub. $1,010.54 Raymond G., Jr. & Carmen Jean Miehe, Lot 12, Block 3, C. J. Bies Sub. $1,010.54 Neil E. & Darlene R. Meyer Rans- ford, Lot 13, Block 3, C. J. Bios Sub. $1,010.54 Arthur David & Mary J. Johnson, Lot 14, Block 3 C. J. Bies Sub. ,010.54 David Barry, Lot 2-6, Block1 1 C. J. Bies Sub. $894.66 Roger F. Klauer, Lot 1, Block 2 C. J. Bies Sub. $1,098.41 Roger F. Klauer, Lot 2, Block 2 C. J. Bies Sub. $1,318.09 Roger F. Klauer, Lot 3, Block 2 C. J. Bies Sub. $374.64 Roger F. Klauer, Lot 4, Block 2 C. J. Bies Sub. $933.65 Roger F. Klauer, Lot 5, Block 2 C. J. Bies Sub. $933.65 Roger F. Klauer, Lot 6, Block 2 C. J. Bies Sub. $0.00 Roger F. Klauer, Lot 7, Block 2 C. J. Bies Sub. $0.00 $47,675.05 Special Session, December 16, 1974 613 All of which is assessed in pro- portion to special benefits con- ferred. 140.0 lin. ft. 8 in. slip joint ductile sewer pipe @ $22.00 = $3,080.00 183.0 lin ft. 8 in. mechanical joint D.I.P. @ $27.50 = $5,032.50 2,919.0 lin. ft. 8 in. vitrified tile pipe @ $6.35 = $18,535.65 65.0 lin. ft. 14 in. steel pipe, cas- ing, jacket in place @ $50.00 = $3,250.00 23.0 no. of 6 in. x 8 M. wye branch- es @ $14.00 = $322.00 9.0 no. of Concrete anchors for pipe steep grade @ $100.00 = $900.00 133.7 lin. ft. Concrete manholes, complete, height in feet of side- wall @ $40.00 = $5,348.00 15.0 no of Concrete manholes, bas- es, complete @ $100.00 = $1,500.00 15.0 no. of Manholes, complete, rings and covers @ $175.00 = $2,625.00 4,239.0 sq. yd. Seeding @ $0.35 = $1,483.65 303.0 sq. yd. Sod in place @ $1.50 $454.50 589.10 sq. yd. Seal coat, @ $1.00 = $589.00 674.65 ton 3/4" base stone - 12" depth @ $4.00 = $2,698.60 93.0 ton 1 in. asphalt concrete sur- face @ $30.00 = $2,790.00 74.3 ton 1 in. asphalt concrete surface over 93 ton @ $20.00 = $1,486.00 Construction Total $50,094.90 7% - 52 days $ 506.51 Eng. & Inspection $ 3,433.64 Easement and crossing permit $ 1,225.00 Project Cost City Share $55,260.05 $ 7,585.00 Assessable $47,675.05 Passed, adopted and approved this 16th day of December, 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Proof of Publication, certified to by the Publisher of Notice of Hear- ing on the issuance of sewer bonds to pay for construction of Century Drive-Bies Drive Sanitary Sewer, presented and read. No written ob- jections were filed and no oral ob- jectors were present in the Council Chamber at the time set for the hearing. Mayor Thorns moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 437-74 Resolution providing for the is- suance of Sewer Bonds for the purpose of providing for the pay- ment of the assessed cost of City of Dubuque Century Drive and Bies Drive 8 -inch sanitary sewer. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvements hereinafter described has been completed and the City Manager bas certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $47,675.05 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of provid- ing for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque Century Drive and Bies Drive 8 -inch Sanitary Sewer, there shall be issued sewer bonds in the amount of $47,000.00 Dol- lars in anticipation of the deferred 614 Special Session, December 16, 1974 payment of assessments levied for such improvement. 2. Such bonds shall be called sewer bonds; and shall bear the date of January 1, 1975; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomi- nations and for such maturity dates as are shown in the follow- ing table: Series Bond Denom. Maturity No. No. 1 14 $1,000 April 1, 1976 2 5-8 $1,000 April 1, 1977 3 9-12 $1,000 April 1, 1978 4 13-17 $1,000 April 1, 1979 5 18-22 $1,000 April 1, 1980 6 23-27 $1,000 April 1, 1981 7 28-32 $1,000 April 1, 1982 8 33-37 $1,000 April 1, 1983 9 38-42 $1,000 April 1, 1984 10 43-47 $1,000 April 1, 1985 3. Said -bondsshall bear interest at the rate of six per cent per annum, payable annually in accord- ance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. Series No. CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, the sum of 1 thousand dollars with interest thereon at the rate of six per cent per annum, payable annually, an the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are pay- able at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque un- der and by virtue of Chapter 396 of the 1973 Code of Iowa, as amended, and the Resolution of said City duly passed on the 16th day of December, 1974, being Reso- lution No. 437-74. This Bond is one of a series of 47 bonds, all for $1,000.00 num- bered from 1 through 47, all of like tenor and date, and issued for the purpose of providing for the deferred payment of the assess- ments levied for the City of Du- buque Century Drive and Bies Drive 8 -inch Sanitary Sewer, as de- scribed in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund 1302 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regu- lar and due form, as required by law and said. Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and counter -signed by its City Clerk and the Seal of said City to be thereto affixed, this 16th day of December, 1974. (SEAL) Mayor City Clerk (Form of Coupon) On the day of the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, being months' interest due that date on its Bond No. dated Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk Special Session, December 16, 1974 615 be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund 1302 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year af- ter the payment of interest due, these bonds shall be called and retired in the same order as num- bered. The notice of election to call these bonds shall be given by regular United States Mail ad- dressed to the last known address of the purchaser. 10. Passed, adopted and ap- proved this 16th day of December, 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 Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. October 29, 1974 To the Honorable Mayor and City Council The Center Grove Valley Inter- ceptor Sanitary Sewer a distance of 12,416.95 feet, has been com- pleted substantially in accordance with plans and specifications by M. F. Goerdt Construction Compa- ny of Dubuque, Iowa. Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Final Estimate RESOLUTION NO. 438-74 WHEREAS, the contract for the Center Grove Valley Interceptor Sewer has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $297,695.48. That none of the cost thereof shall be assessable upon private property and $297,695.48 shall be paid from the Sanitation Rental Fund and HUD Grant Fund of the City of Dubuque. Passed, adopted and approved this 16th day of December, 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 439.74 WHEREAS, the contract for the Center Grove Valley Interceptor Sewer has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, 616 Special Session, December 16, 1974 BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Rental Fund and HUD Grant Fund on the above described improve- ment in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 16th day of December, 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Couneilmen Attest: Leo F. Frommelt City Clerk Mayor Thoms moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 16, 1974 Honorable Mayor and City Council The matter of the exchange of property between the City of Du- buque and John V. Meehan and Naomi R. Meehan, which was the subject matter of litigation has finally been resolved and the City has delivered its deed, together with the Park Board Deed convey- ing the following described real estate to John V. Meehan and Na- omi R. Meehan, which is described as follows: Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Du- buque, Iowa, according to the recorded plat thereto, I am attaching herewith War- ranty Deed of said John V. Mee- han and Naomi R. Meehan con- veying to the City of Dubuque, Iowa, the following described real estate: Lot 2 of Eagle Point View in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof. I am also attaching trust account check of Kintzinger, Kintzinger, Van Etten, Setter & King payable to the City of Dubuque, Iowa, in the amount of $77.49 representing a prorata share of the real estate taxes. Appraisal services were incurred in a total amount of $35.00 togeth- er with court costs in the total amount of $17.00, or total cost of $52.00. The City's share of said costs is in the amount of $26.00, and the City Auditor should be authorized to draw warrant pay- able to Kintzinger, Kintzinger, Van Etten, Setter & King in the amount of $26.00 in full payment of the City's share of the Court costs and the appraisal. Appropriate Resolution accept- ing delivery of Warranty Deed is attached hereto. This matter is finally closed. Original Proceedings are returned herewith. R. N. Russo City Attorney Mayor Thoms moved that the communication be received and filed and recommendation be ap- proved. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 440-74 WHEREAS, there has been de- livered to the City Council of the City of Dubuque, Iowa, Warranty Deed of John V. Meehan and Na- omi R. Meehan, husband and wife, conveying to the City of Dubuque, Iowa, the following described real estate, to -wit: Lot 2 of Eagle Point View in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, subject to easements of record, and said delivery of Deed should be approved and accepted. NOW THEREt• ORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That delivery of War- ranty Deed from John V. Meehan Special Session, December 16, 1974 617 and Naomi R. Meehan, husband and wife, conveying to the City of Dubuque, Iowa the hereinabove de- scribed real estate be and the same is hereby approved and accepted. Section 2. That said parcel of real estate shall be under the con- trol and jurisdiction of the Board of Park Commissioners in and for the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to record said Warranty Deed in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of December, 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 Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. RESOLUTION NO. 441-74 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 grant- ed and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT William Baum, 3165 Central Av- enue CLASS "C" BEER PERMIT John Neumeister, 729 Lincoln Av- enue Donald E. Wertz, 1545 South Grandview Avenue Passed, adopted and approved this 16th day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 442-74 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 "B" BEER PERMIT William Baum, 3165 Central Av- enue CLASS "C" BEER PERMIT John Neumeister, 729 Lincoln Av- enue Donald E. Wertz, 1545 South Grandview Avenue Passed, adopted and approved this 16th day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded rr 618 Special Session, December 16, 1974 by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 443-74 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 Chapter 131, Acts of the First Reg- ular Session, 64th General Assem- bly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine Gordon, 2327 Central Av- enue Benevolent and Protective Order of Elks, 7th and Locust Streets Eugene L. Kopp - Downtowner, 951 Main Street CLASS "B" (HOTEL or MOTEL) BEER AND LIQUOR LICENSE Design Center Inc., Julien Motor Inn, Sunday Sales, 200 Main Street Passed, adopted and approved this 16th day of December 1974. Allan T. Thoms Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 444-74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordin- ances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine Gordon, 2327 Central Av- enue Benevolent and Protective Order of Elks, 7th and Locust Streets Eugene L. Kopp - Downtowner, 951 Main Street CLASS "B" (HOTEL OR MOTEL) BEER AND LIQUOR LICENSE Design Center Inc. dba Julien Mot- or Inn (Sunday Sales) 200 Main Street Passed, adopted and approved this 16th day of December 1974. Allan T. Thorns Mayor James E. Brady C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. At 9:39 P.M. Mayor Thoms mov- ed to go into Executive Session to discuss appointments to various Boards and Commissions. 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 9:52 P.M. Mayor Thoms moved the appointment of Robert P. "Buzz" Bisanz to the Recreation Commission, to fill the unexpired term of Jack Coffee, term expiring Special Session, December 16, 1974 619 July 5, 1975. Seconded by Council- man Lundh. Carried by the follow- ing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. There being no further busi- ness, Councilman Stackis moved to adjourn the meeting. Seconded by Councilman Justmann. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Leo F. Frommelt City Clerk Approved 1975. Adopted 1975. Mayor Attest: Councilmen City Clerk 620 Adjourned Special Session, December 23, 1974 CITY COUNCIL OFFICIAL Adjourned Special Session, De- cember 23, 1974. Council met at 7:30 P.M. (C.S.T.) Present -Mayor Thoms, Council- men Brady, Justmann, Lundh, Stack's. City Manager Gilbert D. Chavenelle. Mayor Thorns read the call and stated that service thereof had been duly made and this meeting is AN ADJOURNED MEETING OF THE SPECIAL SESSION OF DE- CEMBER 12, 1974, TO CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF $2,000,000. SEWER BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME, and acting upon such other busi- ness as may properly come before a regular meeting of the Council. Dubuque Advisory Commission submitting minutes of their meet- ing of December 17, 1974, present- ed and read. Councilman Brady moved that the minutes be receiv- ed and filed and anyone wishing to address the Council regarding City Hall, be not made at this time. Seconded by Councilman Stackis. Vote on the motion was as follows: Yeas -Councilmen Brady, Stack - 15. Nays - Mayor Thorns, Council- men Justmann, Lundh. MOTION FAILED. Mayor Thoms moved to suspend the rules to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Dave Clemens of Advisory Com- mission addressed the Council about Conflict of Interest Resolu- tion previously submitted to the Council and urged adoption; Press for Neighborhood Parks, and Medi- cal Associates Building. Mayor Thoms moved to set Janu- ary 9, 1975, for work session with Advisory Commission and Medical Associates be a viable possibility. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Communication of Peoples Na- tural Gas advising of a gas rate increase to its customers on and after January 20, 1975, as permit- ted by the Iowa State Commerce Commission, presented and read. Mayor Thoms moved that the com- munication be received and filed. Seconded by Councilman Brady. Carried by the following vote: Yeas - Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. December 13, 1974 To The Honorable Mayor and City Councilmen On August 2, 1974 an investiga- tion was made by the City of Du- buque Housing Department of a two story stone and frame struc- ture and brick accessory buildings located on City Lot 338, City of Dubuque, Iowa and known as 1085, 1091, 1095 White Street and 56, 72 and 74 East llth Street. Many violations of the Minimum Housing Code were noted and, on August 2, 1974 a letter was sent to the own- ers, Loras & Leta Beadle, listing the violations and ordering the buildings vacated as unfit for hu- man habitation. On October 23, 1974 all units having been vacated, an order was issued to the owners, Loras & Leta Beadle, to correct the violations. On December 3, 1974 an order was sent to the owners, Loras & Leta Beadle, to dismantle the struc- tures and clean up the premises. The concrete block structure on the southwest corner of City Lot 338, City of Dubuque, Dubuque County, Iowa was exempted from this order. This order has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 35-52 be enforc- ed and the owner of said build- ings, known as 1085, 1091, 1095 White Street and 56, 72 and 74 East 11th Street and located on City Lot 338, City of Dubuque, Iowa be required to -dismantle said buildings and clean up the prem- ises. Gilbert D. Chavenelle City Manager Adjourned Special Session, December 23, 1974 621 Councilman Justmann moved that the communication be receiv- ed and filed and a public hearing be set on January 13, 1975 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish not- ice of the hearing in the manner required by law. Seconded by Councilman Lundh. Carried by the following vote: Yeas - Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. December 13, 1974 Honorable Mayor and City Council I herewith submit the reports of the Finance Director, Treasurer, Water Superintendent, Health De- partment, as well as a list of claims paid, for the month of November 1974. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. Proof of Publication, certified to by the Publisher, of List of Claims for the month of November, 1974, presented and read. Councilman Lundh moved that the proof of publication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays - None. December 19, 1974 To the Honorable Mayor and Members of the City Council I have approved the following General Liability policies for filing purposes and desire to have your approval of same. Jack C. Jones d/b/a Jack Jones Excavating Northwestern Na- tional Insurance Group Policy No. BCP907063 to 4-1-77 Delmar Rasmussen, Dickeyville, Wis. General Casualty Company of Wisconsin Policy No. GLA 67744 & 5CA 525626 to 7-13-75 Gilbert D. Chavenelle City Manager Mayor Thoms moved that the communication be received and filed and filing be approved sub- ject to the approval of the City Solicitor. Seconded by Councilman Justmann. Carried by the follow- ing vote: Yeas - Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays -None. December 19, 1974 Honorable Mayor and Members of the City Council Attached hereto is a list of par- cels of real estate within the City Limits, consisting of ten acres or more, which would be eligible for taxation as agricultural land. Also attached are the applica- tions for exemption as filed by property owners, that have ten acres of land or more in one piece within the City Limits. These prop- erty owners have certified that the land is being used for agricultural or horticultural purposes and are entitled to tax exemption as Pro- vided rovided by law. A copy of the attached list must be filed with the County Auditor. Gilbert D. Chavenelle City Manager Councilman Justmann suggested a communication be submitted to the State Legislators sounding con- cern in the inadequacies in present State Law. Councilman Justmann moved that the list of applications be approved. Seconded by Mayor Thoms. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays -None. Printed Council proceedings for the month of August 1974, present- ed for approval. Mayor Thorns moved that the proceedings be ap- proved as printed. Seconded by Councilman Justmann. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays -None. December 19, 1974 Honorable Mayor and City Council I have appointed Mr. Robert G. Steichen as a member of the Plumbing Board for a term of 622 Adjourned Special Session, December 23, 1974 five years beginning November 2, 1974. I request your approval of this appointment. Gilbert D. Chavenelle City Manager Councilman Lundh moved that the appointment be approved. Sec- onded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 20, 1974 Honorable Mayor and City Council In May of this year, the City Council adopted Resolution Na 184-74, which requested technical assistance from the Soil Conserva- tion Service in a Feasibility Study of a proposed impoundment struc- ture on the North Fork of the Catfish Creek. The Council had been informed of the concept for this facility which would include a multiple -use structure providing a road fill for the proposed North- West Arterial, with the fill struc- ture to providewater impound- ment and flood -control features as may be feasible at that location. We have enclosed a copy of the draft Concept Statement which has been used as a working outline in the preliminary engineering phase of this study. The location, size and operational features of the proposed impoundment structure have now been established in pre- liminary form, and it has been de- termined that the project would be feasible at the proposed location. The Interim Report of the Soil Conservation Service is also en- closed, as it summarizes the prin- cipal findings of their investiga- tion. Representatives of the Soil Con- servation Service and City staff will be present at your meeting of December 23, 1974, and we re- spectfully request an opportunity to review the results of this study with you. Gilbert D. Chavenelle City Manager Mr. Kircher of Soil Conservation Service and Gary E. Formanck, Civil Engineer of U. S. Dept. of Agriculture addressed the Council by furnishing technical advice rel- ative to the impoundment struc- ture and lake on the north fork of the Catfish Creek. Andy Grevas, Mayor of Asbury, posed several questions as to how the lake would affect Asbury. Attorney Charles Kintzinger, representing Mr. Sie- gert, who owns 197 acres of land in the area stated that the City needs a roadway around the west part of the City and Mr. Siegert is nei- ther for or against the idea, how- ever rapid action is imperative on the part of the City so that Mr. Siegert can plan what to do with his future farming operations. Councilman Justmann moved that the concept be approved and Land Developer in North Catfish Creek area, also 2 miles beyond City Limits, be directed to employ passive flood control measures and seek concurrence and recommenda- tion of Town of Asbury. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh. Stackis. Nays—None. Communication of Mettel Realty & Investment Co. stating the ur- gent need for subdivision lots and requesting consideration that the proposed impoundment structure be possibly moved far enough west not to interfere with the Mettel Byrne subdivision, presented and read. Mayor Thoms moved that the communication be received and filed. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays—None. December 18, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on October 15, 1974 for applicants to the Police Depart- ment. A Physical Qualification test was conducted on December 10, 1974 for all applicants who had previously passed the written ex- amination with 70% or better. Adjourned Special Sess'on, December 23, 1974 623 The following named applicants have passed both the written and PQ tests as follows: Reschke, Thomas N. 91.1% Hoth, Steven C. 89.5% Schwab, John G. 88.9% Miller, Dennis N. .. 85.7% Verdick, Larry C. Jr. 85.1% Bradac, Theodore G. 80.7% Toedt, Michael F. 80.5%, Bangs, Gary L. 79.8% Skahill, Robert J. 78.8% Wagner, Denis M. 74.1% Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 18th day of December 1974. Z. D. Hantelmann Notary Public in and for Dubuque County, Iowa. Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 19, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Heating, Ventilating and Refrigeration In- spector. Two applicants took the exami- nation but failed to acquire a pass- ing grade of 70%. Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of December 1974. Z. D. Hantelmann Notary Public Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 19, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Diesel Ma- chanic on December 17, 1974. The following named applicant passed the written examination and is hereby certified for appoint- ment. Manternach, Ronald G. 70% Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of December 1974. Z. D. Hantelmann Notary Public Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 19, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Garage Mechanic on December 17, 1974. The following named applicants have passed the written examina- tion and are hereby certified for appointment. al 824 Adjourned Special Session, December 23, 1974 Heacock, Elmer E. 86% March, Dean J. 82.6% Vosberg, Marvin J. 79.1% Shireman, James R. 78.2% Arlen, Steven J. 76.5% Broughton, Robert F. 76.5% Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of December 1974. Z. D. Hantelmann Notary Public Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 19, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions of the position of Housing Inspector on December 17, 1974. The following named applicants have passed the written examina- tion and are hereby certified for appointment. Daugherty, Willard J. 77% Zenner, Edward C. 76% Schutz, Laverne E. 74% Marvin A. VanSickle Chairman Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of December 1974. Z. D. Hantelmann Notary Public Mayor Thorns moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 19, 1974 To the Honorable Mayor and Members of the City Council In accordance with the provi- sions of Chapter 365 of the 1973 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Food San- itarian on December 17, 1974. The following named applicant has passed the written examina- tion and is hereby certified for appointment. Brammer, Rex L. 76% Marvin A. VanSickle Sr. Carolyn Farrell Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 20th day of December 1974. Z. D. Hantelmann Notary Public Mayor Thoms moved that the communication be received and filed and made a matter of record. Seconded by Councilman Stackis. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 17, 1974 Honorable Mayor and City Council On July 5, 1974 claim was filed against the City by James M. Pet- ers, 3435 Pennsylvania Avenue #4, Dubuque, claiming damages to the antenna of his motor vehicle and requesting replacement of same as the result of said antenna al- legedly being broken by the gate at the 8th Street Entrance to the Iowa Street parking ramp an June 28, 1974. This matter was referred to the appropriate City Agency who has reported to this office of no neg- ligence on the part of the City. Accordingly, it is the recommenda- tion of the City Attorney that said claim be denied. Adjourned Special Session, December 23, 1974 625 Original claim is returned here- to. 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 17, 1974 Honorable Mayor and City Council On November 29, 1974, Merlin Langkamp, 2977 Wildwood Drive, Dubuque, filed claim against the City of Dubuque in the estimated amount of $125.00 claiming said damages occurred on October 26, 1974, as the result of a collapsed sewer tile causing sewage backup in the basement of 2985 Wildwood Drive. This matter was referred to the appropriate City Agency who has made an investigation thereof and by written report to this office reports they find no negligence or liability on the part of the City. Accordingly, it is the recommen- dation 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 communication be received and filed and recommendation of de- nial be approved. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 17, 1974 Honorable Mayor and City Council On September 9, 1974, Earl G. Weichel, 737 English Lane, Du- buuque, filed claim against the City of Dubuque, in an unstated amount and claiming damages for a broken post and fence section on his property and alleging said damages occurred as the result of its being struck by a grass mower. This matter was referred to the appropriate City Agency who has made an investigation thereof and has notified this office that said matter has amicably been settled. Accordingly, it is the recommenda- tion of the City Attorney that said claim be denied. Original claim is returned here- with. R, N. Russo City Attorney Mayor Thorns 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, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 17, 1974 Honorable Mayor and City Council On October 1, 1974, City of Du- buque was served with Original Notice of claim filed in the Iowa District Court of Dubuque County Iowa Small Claims Division where- in Doris S. Churchill was plaintiff and City of Dubuque named de- fendant being S. C. No. 1351 and plaintiff claiming $337.55 for dam- ages to plaintiff's motor vehicle by City owned trees. This matter was referred to the City's insurance carrier for han- dling who notified this office on December 17, 1974, that said mat- ter has been settled. Original no- tice and claim is returned here- with. 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 Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 17, 1974 Honorable Mayor and City Council Notice of claim against the City of Dubuque was filed on behalf of the Chicago and North Western Transportation Company claiming damages against the City of Du- buque, resulting out of an accident 626 Adjourned Special Session, December 23, 1974 occurring on July 16, 1973 at their railroad intersection with the driveway leading from Kerper Boulevard to Thruput Terminal in Dubuque, Iowa, and involving one Donald E. Robinson. This matter was referred to the appropriate City Agency who has made an investigation thereof and has notified this office that they find no liability on the part of the City of Dubuque. Accordingly, it is the recommendation of the City Attorney that said claim be de- nied. Original claim is returned here- with. R. N. Russo City Attorney Mayor Thorns 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 Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Notice of Claim of Marie Bivens, in an undetermined amount, for personal injuries received on the Mall at Penney's as the result of a fall over a bicycle rack on Oc- tober 24, 1974, presented and read. Mayor Thorns moved that the No- tice be referred to the City Solici- tor for proper proceedings. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. ORDINANCE NO. 74-74 An Ordinance Authorizing the Is- suance of $2,000,000 Sewer Bonds and Providing for the Levy of Taxes to Pay the Same, present- ed and read. Mayor Thoms moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Lundh. Car- ried by the following vote: Yeas — Mayor Thorns, Coun- cilmen Justmann, Lundh, Stackis. Nays Councilman Brady. Mayor Thoms moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Lundh. Carried by the following vote: Yeas — Mayor Thoms, Council- men Justmann, Lundh, Steclris. Nays—Councilman Brady. ORDINANCE NO. 74.74 AN ORDINANCE authorizing the issu- ance of $2,000,000 Sewer Bonds and providing for the levy of taxes to pay the same. —n'— WHEREAS the City of Dubuque, in the County of Dubuque, and State of Iowa, heretofore, pursuant to and in strict compliance with all laws applicable, lawfully ordered and provided for building and constructing sewers and improving the sewer outlet and purifying plant in and for the City, the cost whereof, to the amount of Two Million Dollars ($2,000,- 000), is to be paid by said City as a whole by the issuance of bonds; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds at this time and notice and hearing on the initiation of proceedings for such issuance has heretofore been given in manner and form required by Chapters 23 and 408A of the Code of Iowa, and no petition nor protest has been filed, and no petition has been filed requesting that the proposition of issuing said bonds be submitted to the voters of said City; NOW, THEREFORE, Be It Ordained by the City Council of the City of Du- buque, Iowa, as follows: Section 1. That pursuant to and as authorized by Section 396.22 of the Code of Iowa, 1973, as amended, there shall be and there is hereby ordered issued the negotiable Sewer Bonds of said City of Dubuque, in the principal amount of $2,000,000, said bonds to be 400 in num- ber, be numbered consecutively from 1 to 400, both numbers included, of the denomination of $5000 each, and to be dated December 1, 1974. That the bonds of said issue shall bear interest from the date thereof at the rates hereinafter speci- fied, such interest being payable May 1, 1975, and semiannually thereafter on the first days of November and May in each year until the prinicpal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and the seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed thereon. Interest on said bonds shall be evidenced by coupons thereto attached and maturing on the several days when such interest matures, which coupons shall be executed with the facsimile signatures of said officials, znd said Mayor and said City Clerk by the execution of said bonds, shall adopt as and for their proper sig- natures their respective facsimile signatures appearing on said coupons. Both prinicpal and interest of said bonds shall be payable Adjourned Special Session, December 23, 1974 627 in lawful money of the United States of America at the office of the City Treas- urer in and of the City of Dubuque, Iowa. Said bonds shall become due and payable in their numerical order on May of each of the respective years and shall bear in- terest at the rate as follows: Rate of Bond Interest in Year Amount Numbers per cent 1976 $200,000 1- 40 .20 1977 200,000 41- 80 .40 1978 200,000 81-120 1979 200,000 121-160 1980 200,000 161-200 1981 200,000 201-240 1982 200,000 241-280 1983 200,000 281-320 .20 1984 200,000 321-360 .20 1985 200,000 361-400 .20 Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registration payment of the principal thereof shall be made only to the registered holder. Any bond so reg- istered, upon the request in writing of such holder personally or by attorney-in- fact, may be transferred either to a designated transferee or to bearer, and the principal of any bond so transferred and registered to bearer shall thereupon be and become payable to bearer in like man- ner as if such bond had never been regis- tered. Registration of any bonds as to principal shall not restrain the negoti- ability of the coupons thereto attached by delivery merely. Section 3. That said bonds, coupons and provisions for registration be in substan- tially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE SEWER BOND No. $5000 KNOW ALL MEN BY THESE PRE- SENTS: That the City of Dubuque, in the County of Dubuque and State of Iowa, for value received, promises to pay to bearer, or if this bond be registered as to principal, to the registered holder here- of, the sum of Five Thousand Dollars ($5000) on the first day of May, 19 , with interest on said sum from the date hereof at the rate of per cent (— per cent) per annum, payable May I, 1975, and semiannually thereafter on the first days of November and May in each year until said principal sum is paid, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treas- urer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions of Section 396.22 and Chapter 76 of the Code of Iowa, 1973, and all laws amendatory thereof and supplementary thereto, and in conformity with an or- dinance of the City Council of said City duly passed, approved, recorded and pub- lished for the purpose of building and constructing sewers and improving the sewer outlet and purifying plant in and for said City. And it is hereby certified and recited that all acts, conditions and things re- quired by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxableproperty within said City for the payment of the principal and interest of this bond as the same will re- spectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably pledged for the prompt pay- ment hereof, both principal and interest; and that the total indebtedness of said City, including this bond, does not exceed any constitutional or statutory limitations. This bond is subject to registration as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said City affixed, and the coupons here- to attached to be executed with the fac- simile signatures of said Mayor and said City Clerk, which officials by the execu- tion of this bond do adopt as and for their proper signatures their respective fac- simile signatures appearing on said coupons, all the first day of December, 1974. Mayor of the City of Dubuque, Iowa Attest: City Clerk of the City of Dubuque, Iowa 628 Adjourned Special Session, December 23, 1974 (Form of Coupon) No. $ Ort 19the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer Dollars ($-) at the office of the City Treasurer, Du- buque, Iowa, for interest due that date on its Sewer Bond, dated December 1, 1974, No. Mayor Attests City Clerk (Form for Registration of Ownership) Date Name of Regis- Registered [ration Owner Signature of City Treasurer On the back of each bond there shall he endorsed a certificate of the City Treasurer in the following form: City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of December, 1974. Treasurer of the City of Dubuque, Iowa Section 4. That said bonds be executed es herein provided as soon after the adop- tion of this ordinance as may be and thereupon they shall be delivered to the Treasurer of said City, who shall register the fact of the issuance of same in a book provided for that purpose and shall deliver said bonds to the purchaser as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon, and all action heretofore taken in connection with the sale and award of said bonds is hereby ratified and confirmed in all respects. Section 5. That the principal proceeds of the sale of said bonds shall be devoted to and used with due diligence for the completion of the facilities for which said bonds are hereby authorized to be issued. The Council represents and certifies that: (1) the said City has heretofore in- curred a substantial binding obligation with respect to said facilities; said binding obligation comprising contracts for ma- terials and for the construction of the improvements in the amount of not less than 2112 per cent of the estimated total cost of said facilities; (2) the City Council expects that over 85 per cent of the spendable proceeds of said bonds (including investment proceeds) will be expended on or before January 1, 1976, for the purpose of paying the cost of said facilities, said date being within three years following the date of issue of said bonds; (3) work on the said facilities has pro- ceeded and is expected to proceed with due diligence to completion; (4) said facilities have not been and are not expected to be sold or otherwise dis- posed of in whole or in part prior to the last maturity of said bonds; (5) all of the principal proceeds of the bonds are needed for the purpose stated in the form of bond above set out, in- cluding expenses incidental to such pur- pose and to the issuance of the bonds; and (6) to the best of the knowledge and belief of the Council there are no facts, estimates or circumstances that would materially change the conclusions and representations set out in this section. Said Council also certifies and further covenants with the purchasers and hold- ers of said bonds from time to time out- standing that so long as any of said bonds remain outstanding, moneys on deposit in any fund or account in connection with said Lands, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any sources, will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 103 (d) of the Internal Revenue Code of 1954, as amended, and any lawful regulations pro- mulgated or proposed thereunder, includ- ing Sections 1.103-13 and 1.103-14 of the Income Tax Regulations (26 CFR Part 1), as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The Council re- serves the right, however, to make any investment of such moneys permitted by state law if, when and to the extent that said Section 103(d) or regulations pro- mulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent juris- diction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the interest on said bonds subject to federal income tax- ation. Section 6. That as required by Chapter 76 of the Code of Iowa and for the pur- pose of providing for the levy and col- lection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ordered levied on all the taxable property within said City a direct annual tax for each of the years while said bonds or any of them are out- standing, in amounts sufficient for that purpose, and that there be and there is hereby levied upon all the taxable property in said City the following direct annual tax, to -wit In the year 1975 for collection in the fiscal year ending June 30, 1976, a tax sufficient to produce the sum of $345,067 for principal and interest; Adjourned Special Sess'on, December 23, 1974 629 In the year 1976 for collection in the fiscal year ending June 30, 1977, a tax sufficient to produce the sum of $292,000 for principal and interest; In the year 1977 for collection in the fiscal year ending June 30, 1978, a tax sufficient to produce the sum of $281,200 for principal and interest; In the year 1978 for collection in the fiscal year ending June 30, 1979, a tax sufficient to produce the sum of $271,200 for principal and interest; Inthe year 1979 for collection in the fiscal year ending June 30, 1980, a tax sufficient to produce the sum of $261,200 for principal and interest;; In the year 1980 for collection in the fiscal year ending June 30, 1981, a tax sufficient to produce the sum of $251,200 for principal and interest; In the year 1981 for collection in the fiscal year ending June 30, 1982, a tax sufficient to produce the sum of $241,200 for principal and interest; In the year 1982 for collection in the fiscal year ending June 30, 1983, a tax sufficient to produce the sum of 8231,200 for principal and interest; In the year 1983 for collection in the fiscal year ending June 30, 1984, a tax sufficient to produce the sum of $220,800 for principal and interest; In the year 1984 for collection in the fiscal year ending June 30, 1985, a tax sufficient to produce the sum of $210,400 for principal and interest. A certified copy of this ordinance shall be filed with the County Auditor of Du- buque County and said Auditor shall be and he is hereby instructed in and for each of the years 1975 to 1984, inclusive, to en- ter for collection and assess the tax hereby authorized. When annually entering said taxes for collection, the County Auditor shall include the same as a part of the ax levy for debt service fund purposes of said City, and when collected, the pro- ceeds of said axes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of principal and interest of the bonds hereby authorized and for no other purposes what- soever. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be prompt- ly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus ad- vanced when the taxes herein provided shall have been collected. That if in any year funds shall be realized from sources other than the tax above provided which funds shall be properly applicable to the payment of the principal of and interest on these bonds, such tax for the succeeding year shall be abated and not extended for collection to the extent of the funds so available and actually set aside and pledged for that purpose. It is hereby declared to be the purpose and intent of said City to issue the bonds hereby authorized as general municipal obligations pledging the full faith and credit of said City for their payment by means of taxation, but at the same time permitting the pledging and use of funds available from any other source, which may be properly applied to the payment of said principal and interest. Section 7. That all ordinances, resolu- tions or parts thereof in conflict here- with be and the same axe hereby repealed to the extent of such conflict. Passed and approved December 23, 1974. Allan T. Thoms Mayor Attest:: Leo F. Frommel[ City Clerk Recorded December 23, 1974. Published December 27, 1974. Leo F. Frommel[ City Clerk Published officially in the Telegraph Herald Newspaper this 27th day of De- cember, 1974. Lw F. Frommel[ City Clerk. It. 12-27. Mayor Thoms moved final adop- tion of the Ordinance. Seconded by Councilman Lundh- Carried by the following vote: Yeas - Mayor Thoms, Council- men Justmann, Lundh, Stackis. Nays -Councilman Brady. Petition of Wm. P. Morehouse et al (25 signers) requesting re- moval of "No Parking" signs on the south side of Fenelon Place, presented and read. Mayor Thoms moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays -None. Petition of George Kennedy re- questing opportunity to purchase Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of M.L. 342 off Kaufmann Ave., presented and .read. Mayor Thoms moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Justmann. Carried by the fol- lowing vote: Yeas - Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays -None. 630 Adjourned Special Session, December 23, 1974 Petition of Nelson M. Norwood Sr., requesting a refund of $50 on the unexpired portion of cigarette license No. 460, as he discontinued business on 12-3-74, presented and read. Councilman Lundh moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Thompson Food Mar- kets requesting a refund of $50 on the unexpired portion of ciga- rette license No. 331, as they dis- continued business at 1101 Rhom- berg Ave. on 12-23-74, presented and read. Councilman Lundh moved that the refund be granted and City Auditor directed to issue proper warrant. Seconded by Coun- cilman Brady. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. Petition of Gerald E. Miller Sr. requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 458, as he discontinued business on December 2, 1974, pre- sented and read. Councilman Lundh moved that the refund be granted and City Auditor be di- rected to issue proper warrant. Seconded by Councilman Brady. Carried by the following vote: Yeas — Mayor Thoms, Coun- cilmen Brady, Justmann, Lundh, Stackis. Nays—None. December 20, 1974 Honorable Mayor and City Council The Fair Labor Standards Act of 1938 was amended by Pub. L. 93- 259, 88 Stat. 55 May 1, 1974. According to regulations on Pol- ice and Firefighters, promulgated by the Department of Labor on No- vember 1, 1974, the City of Du- buque must make a positive dec- laration of what constitutes a "work period" for Police and Fire Departments. These regulations further state that if the practice of trading time is to be continued, the city must make a positive declara- tion that time traded must be paid back within the calendar year. Failure to comply with these regulations could result in the pay- ment of unnecessary overtime. I submit for your approval the following resolutions to comply with these directives. Francis A. Murray Assistant City Manager Councilman Stackis moved that the communication be received and filed. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 445-74 Resolution Establishing and De- claring the Work Period for Em- ployee engaged in Fire Protec- tion Activities and Establishing and Declaring Shift Trading Pol- icy. WHEREAS, the Fair Labor Standards Act of 1938 as amended by the Fair Labor Standards Amendments of 1974 (PUB L. 93- 259 88 Stat. 55) requires the dec- larations of a work period and a declaration of a policy for shift trading for employees engaged in Fire Protection Activities, as de- fined in said Fair Labor Standards Amendments. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That the declared work period for employees en- gaged in Fire Protection Activities as defined in the Fair Labor Stand- ards Amendments be twenty-one days commencing December 30, 1974. Section 2. That the past practice of voluntary shift trading be allow- ed to continue with the declared policy that all shift time traded be paid back during the same calen- dar year in which the shift trading occurs. Section 3. That this declaration of work period and shift trading be effective January 1, 1975 through December 31, 1975. Adjourned Special Session, December 23, 1974 631 Passed, adopted and approved this 23rd day of December, 1974. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 446-74 Resolution Establishing and De- claring the Work Period for Em- ployees engaged in Law Enforce- ment Activities and Estdblish- ing and Declaring Shift Trading Policy. WHEREAS, the Fair Labor Standards Act of 1938 as amended by the Fair Labor Standards Amendments of 1974 (PUB L. 93- 259, 88 Stat. 55) requires the dec- larations of a work period and a declaration of a policy for shift trading for employees engaged in Law Enforcement Activities, as de- fined in said Fair Labor Standards Amendments. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That the declared work period for employees engaged in Law Enforcement Activities as defined in the Fair Labor Stand- ards Amendments be twenty-eight days. Section 2. That the past practice of voluntary shift trading be al- lowed to continue with the declar- ed policy that all shift time trad- ed be paid back during the same calendar year in which the shift trading occurs. Section 3. That this declaration of work period and shift trading be effective January 1, 1975 through December 31, 1975. Passed, adopted and approved this 23rd day of December. Allan T. Thoms Mayor C. Robert Justmann James E. Brady Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Fronunelt, City Clerk Councilman Stackis moved adop- tion of the resolution. Seconded by Mayor Thoms. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- mne Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 447-74 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 Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Joseph A. Schumacher, Noel's Tap, 2400 Central Avenue Paul E. Anthony, Ring's Fine Food Restaurant, Inc., 1185 Dodge Street Thompson's Food Markets, Inc., Oky Doky #11, 1101 Rhomberg Avenue Passed, adopted and approved this 23rd day of December 1974. Allan T. Thoms Mayor James E. Brady Emil Staekiq 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 Thorns, Council- men Brady, Lundh, Stackis. Nays — Councilman Justmann. RESOLUTION NO. 448-74 WHEREAS, applications for Liq- uor Licenses have been submitted to this Council for approval and the same have been examined, 632 Adjourned Special Session, December 23, 1974 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 Chapter 131, Acts of the First Regular Session, 64th General As- sembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James P. Kachevas and Sunday Sales, 665 Dodge Street. Joseph A. Schumacher, Noel's Tap, 2400 Central Avenue Passed, adopted, and approved this 23rd day of December 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 449-74 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds, NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa that the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James P. Kachevas and Sunday Sales, 665 Dodge Street Joseph A. Schumacher Noel's Tap, 2400 Central Avenue Passed, adopted and approved this 23rd day of December 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 Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. RESOLUTION NO. 450-74 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 com- pliance with the terms of the Ord- inances of the City. CLASS "B" BEER PERMIT Loras College, Loras and Alta Vista Streets CLASS "C" BEER PERMIT Thompson's Food Market, Inc. Oky Doky #9, 51 West 32nd Street Passed, adopted and approved this 23rd day of December 1974. Allan T. Thorns Mayor C. Robert Justmann Emil Stack's 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 Justmann, Lundh, Stackis. Nays — Councilman Brady. Adjourned Special Session, December 23, 1974 633 RESOLUTION NO. 451-74 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 with 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 "B" BEER PERMIT Loras College, Loras and Alta Vista Streets CLASS "C" BEER PERMIT Thompson's Food Markets Inc., Oky Doky #9, 51 West 32nd Street Allan T. Thorns Mayor C. Robert Justmann Emil Stackis Alvin E. Lundh Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Thorns moved adoption of the resolution. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thorns, Council- men Justmann, Lundh, Stackis. Nays — Councilman Brady. At 9:55 P.M. Councilman Stackis moved to go into Executive Ses- sion on pending litigation and to discuss Labor Negotiations present- ly under way. Seconded by Coun- cilman Lundh. Carried by the fol- lowing vote: Yeas — Mayor Thoms, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Council reconvened in regular session at 10:12 P.M. At that time it was announced the subjects dis- cussed were personnel policy and legal proceedings on landfill. There being no further business, Councilman Stackis moved that the meeting be adjourned. Seconded by Mayor Thoms. Carried by the following vote: Yeas — Mayor Thorns, Council- men Brady, Justmann, Lundh, Stackis. Nays — None. Leo F. Frommelt, City Clerk Approved 1975. Adopted 1975. Mayor Attest: Councilmen City Clerk